I.

Effect and Application of Laws (Civil Code)

Laws shall take effect after fifteen days following the completion of their publication in the Official Gazette, unless it is otherwise provided.1 This Code shall take effect one year after such publication.2 Ignorance of the law excuses no one from compliance therewith.3 Laws shall have no retroactive effect, unless the contrary is provided.4 Acts which are contrary to mandatory or prohibitory laws are void, except when the law itself authorizes its validity.5 Rights may be waived, unless the waiver is contrary to law, public order, public policy, morals, or good customs, or prejudicial to a third person with a right recognized by law.6 Laws are repealed only by subsequent ones, either expressly or impliedly. Their violation or non-observance shall not be excused by disuse, custom or practice to the contrary.

1

This refers to the 15-day period and not to the requirement of publication. ( Tanada vs. Tuvera, G.R.No. L-63915, Dec. 29, 1986). Administrative rules and regulations must also be published if their purpose is to enforce or implement existing laws pursuant to a valid delegation. The publication must be in full or it is no publication at all since its purpose is to inform the public of the contents of the law. (Phil. Int’l Trading Corp. vs .Angeles) 2 Art. 2 3 Art. 3 Considered a conclusive presumption and applies only to mandatory and prohibitory laws. ( Consunji vs. CA) Philippine laws are covered. There is no conclusive presumption of knowledge of foreign laws. Even our courts cannot take judicial notice of them. Ignorance of a foreign law will not be a mistake of law but a mistake of fact. Ignorance may either be of law or of fact. Ignorance of fact ( ignorantia facti) may excuse a party from the legal consequences of his conduct; but not ignorance of law, for ignorantia juris neminem excusat. In specific instances provided by law, mistake as to difficult legal questions has been given the same effect as a mistake of fact, e.g., Art. 526, par. 3 which provides: "Mistake upon a doubtful or difficult question of law may be the basis of good faith." 4 Art. 4 5 Art. 5 6 Art. 6

1

When the courts declared a law to be inconsistent with the Constitution, the former shall be void and the latter shall govern. Administrative or executive acts, orders and regulations shall be valid only when they are not contrary to the laws or the Constitution.7 Judicial decisions applying or interpreting the laws or the Constitution shall form a part of the legal system of the Philippines.8 No judge or court shall decline to render judgment by reason of the silence, obscurity or insufficiency of laws.9 In case of doubt in the interpretation or application of laws, it is presumed that the lawmaking body intended right and justice to prevail.10 Customs which are contrary to law, public order or public policy shall not be countenanced.11 A custom must be proved as a fact, according to the rules of evidence.12 When the laws speak of years, months, days or nights, it shall be understood that years are of three hundred sixty-five days each; months, of thirty days; days, of twenty-four hours; and nights from sunset to sunrise.
7 8

Art. 7 Art. 8 Only Supreme Court decisions establish jurisprudence; decisions of other judicial or quasi-judicial bodies are merely persuasive. This principle, however, does not mean blind adherence. The duty of the Court is to abandon any doctrine found to be in violation of the law in force. 9 Art. 9 This article does not apply to criminal prosecutions, bec. when there is no law punishing an act, the case must be dismissed, however, reprehensible the act may seem to the judge (Tolentino). If the law is vague or obscure, the court should clarify it in the light of the rules of statutory construction; it is silent or insufficient, the court should fill the deficiency by resorting to customs or general principles of law. 10 Art. 10 11 Art. 11 12 Art. 12 Custom is defined as "a rule of conduct formed by repetition of acts, uniformly observed (practiced) as a social rule, legally binding and obligatory." The law requires that "a custom must be proved as a fact, according to the rules of evidence." On this score the Court had occasion to state that "a local custom as a source of right cannot be considered by a court of justice unless such custom is properly established by competent evidence like any other fact." The same evidence, if not one of a higher degree, should be required of a foreign custom

2

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 included13 Penal laws and those of public security and safety shall be obligatory upon all who live or sojourn in Philippine territory, subject to the principles of public international law and to treaty stipulations.14 Laws relating to family rights and duties, or to the status, condition and legal capacity of persons are binding upon citizens of the Philippines, even though living abroad.15 Real property as well as personal property is subject to the law of the country where it is situated.16 However, intestate and testamentary successions, both with respect to the order of succession and to the amount of successional rights and to the intrinsic validity of testamentary provisions, shall be regulated by the national law of the person whose succession is under consideration, whatever may be the nature of the property and regardless of the country wherein said property may be found.17
13

Art. 13 Superseded by Sec. 31, Book I of EO 292 (Administrative Code of 1987) w/c provides that Sec. 31. Legal Periods.-- "Year" shall be understood to be twelve (12) calendar months; "months" of thirty (30) days, unless it refers to a specific calendar month in which case it shall be computed according to the number of days the specific month contains; "day," to a day of twenty four (24) hours; and "nights," from sunset to sunrise. This article applies only to legal provisions and not to contracts, where the parties may stipulate on the manner of computing years, months and days (Baviera). 14 Art. 14 15 Art. 15 Theories on Personal Law.-Domiciliary theory, followed in the US, according to w/c the personal laws of a person are determined by his domicile. Nationality theory w/c makes nationality or citizenship as the basis for determining the personal laws of an individual. (Tolentino) The question of how a citizen may strip himself of the status as such citizen is governed by his national law. 16 Art. 16, 1st par. The lex situs or lex rei sitae governs real or personal property. 17 id., 2nd par.

3

The forms and solemnities of contracts, wills, and other public instruments shall be governed by the laws of the country in which they are executed.18 When the acts referred to are executed before the diplomatic or consular officials of the Republic of the Philippines in a foreign country, the solemnities established by Philippine laws shall be observed in their execution.19 Prohibitive laws concerning persons, their acts or property, and those which have for their object public order, public policy and good customs shall not be rendered ineffective by laws or judgments promulgated, or by determinations or conventions agreed upon in a foreign country.20 In matters which are governed by the Code of Commerce and special laws, their deficiency shall be supplied by the provisions of the Civil Code.21 II. Human Relations

Every person must, in the exercise of his rights and in the performance of his duties, act with justice, give everyone his due, and observe honesty and good faith.22 Every person who, contrary to law, wilfully or negligently causes damage to another, shall indemnify the latter for the same.23 Any person who wilfully causes loss or injury to another in a manner that is contrary to morals, good customs or public policy shall compensate the latter for the damage.24
Can be invoked only when the deceased was vested w/ a descendible interest in prop. w/in the jurisdiction of the Phils. The intrinsic validity of the provisions of the will of a foreigner who dies in the Phils. is to be determined by the laws of his own state or country, and not by those of the Phils. Thus, a condition in a will of a foreigner that his legatee respect his order that his prop. be distributed according to the laws of the Phils. instead of the laws of his own country, was held illegal and considered as not written. The law governing succession may be considered from the point of view of (a) the execution of wills, and (b) the distribution of property. The formalities of execution of will are generally governed by the law of the place of execution (Art. 17, par. 1.) But the distribution of the estate is governed by the law of the nation of the deceased. 18 Art. 17, 1st par., known as the lex loci celebrationis 19 id, 2nd par. 20 Id., 3rd par. 21 Art. 18 22 Art. 19 Principle of abuse of rights 23 Art. 20

4

Every person who through an act of performance by another, or any other means, acquires or comes into possession of something at the expense of the latter without just or legal ground, shall return the same to him.25

PERSONS I. Persons and Personality26 Juridical capacity, which is the fitness to be the subject of legal relations, is inherent in every natural person and is lost only through death. Capacity to act, which is the power to do acts with legal effect, is acquired and may be lost.27 Minority, insanity or imbecility, the state of being a deaf-mute, prodigality and civil interdiction are mere restrictions on capacity to act, and do not exempt the incapacitated person from certain obligations, as when the latter arise from his acts or from property relations, such as easements.28 The following circumstances, among others, modify or limit capacity to act: age, insanity, imbecility, the state of being a deaf-mute, penalty, prodigality, family relations, alienage, absence, insolvency and trusteeship. Capacity to act is not limited on account of religious belief or political opinion. A married woman, eighteen (18) years of age or over, is qualified for all acts of civil life, except in cases specified by law.29

24 25

Art. 21 Art. 22 26 Civil Code 27 Art. 37 Capacity may be (1) juridical capacity, and (2) capacity to act. The union of these 2 forms the full civil capacity. Juridical capacity is synonymous to legal capacity and to personality. They all refer to the aptitude for the holding and enjoyment of rights. On the other hand, capacity to act refers to the aptitude for the exercise of rights, and is often referred to merely as "capacity." 28 Art. 38 29 Art. 39

5

and (2) it is provisional or conditional.30 For civil purposes.only for purposes favorable to the child. one must be born .34 No marriage shall be valid. and incidents are governed by law and not subject to stipulation. 32 II. bec. after the separation. but the conceived child shall be considered born for all purposes that are favorable to it. such that if it is not born alive. if the foetus had an intrauterine life of less than seven months. 32 Art. its personality disappears as if it had never existed. it depends upon the child being born alive later. by contract and by will.Birth means the removal of the foetus from the mother's womb.31 Civil personality is extinguished by death. 42 Physical death and legal death are the same. except that marriage settlements may fix the property relations during the marriage. bec. unless these essential requisites are present: (1) Legal capacity of the contracting parties who must be a male and a female. provided it be born later with the conditions specified in the following article. (Balane) 33 Family Code 34 Art. 40 Personality from Birth .A foetus is born after it is completely separated from the mother's womb w/c is produced by the cutting of the umbilical cord.-The retroactivity rule is qualified-. it is not deemed born if it dies within twenty-four hours after its complete delivery from the maternal womb. consequences. the child now survives by itself. 41 Once birth occurs. Conceived Child . the foetus is considered born if it is alive at the time it is completely delivered from the mother's womb. The effect of death upon the rights and obligations of the deceased is determined by law. It is the foundation of the family and an inviolable social institution whose nature. For civil personality to be acquired. However. it is only for purposes favorable to the child. personality for favorable purposes retroacts from the moment of conception. Marriage33 Marriage is a special contract of permanent union between a man and a woman entered into in accordance with law for the establishment of conjugal and family life. 31 Art. 1 6 .Birth determines personality. and 30 Art.The personality of the conceived child has 2 characteristics: (1) it is essentially limited.

40 Any male or female of the age of eighteen years or upwards not under any of the impediments mentioned in Articles 37 and 38. par. 4 41 infra 42 Art. 36 Art.36 The formal requisites of marriage are: (1) Authority of the solemnizing officer.39 A defect in any of the essential requisites shall not affect the validity of the marriage but the party or parties responsible for the irregularity shall be civilly. 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. criminally and administratively liable. 4). or if the consent of either party was obtained by force. Hence. except as stated in Article 35 (2). It shall be necessary. the marriage may be annulled if the consent of either party was obtained by fraud. 45. intimidation or undue influence (Art.37 (3) A marriage ceremony which takes place with the appearance of the contracting parties before the solemnizing officer and their personal declaration that they take each other as husband and wife in the presence of not less than two witnesses of legal age. 3). it shall be sufficient for one of the witnesses to 35 The consent is real and not vitiated or rendered defective by any of the vices of consent. however. 3 39 infra 40 Art. 2 37 except Marriages Exempted from License Requirement. infra 38 Art. 5 7 . 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. 45.(2) Consent freely given35 in the presence of the solemnizing officer. (2) A valid marriage license. (Art.41 may contract marriage. par.42 No prescribed form or religious rite for the solemnization of the marriage is required. when the party at the point of death is unable to sign the marriage certificate.38 The absence of any of the essential or formal requisites shall render the marriage void ab initio. In case of a marriage in articulo mortis.

except in marriages where no license is required. rabbi. for Art. 8. in the absence of the latter.47 The marriage shall be solemnized publicly in the chambers of the judge or in open court. 8 .45 (4) Any military commander of a unit to which a chaplain is assigned.49 A marriage license shall be issued by the local civil registrar of the city or municipality where either contracting party habitually resides.46 (5) Any consul-general. or where both of the parties request the solemnizing officer in writing in which case the marriage may be solemnized at a house or place designated by them in a sworn statement to that effect. 48 See reference 49 Art. during a military operation. 7. chapel or temple. or minister of any church or religious sect duly authorized by his church or religious sect and registered with the civil registrar general. consul or vice-consul.the marriage to write the name of said party. and not elsewhere. consul or vice-consul in the case provided in Article 10. (2) Any priest. 7 45 infra 46 Id. (3) Any ship captain or airplane chief only in the case mentioned in Article 31. supra 50 Art. which fact shall be attested by the solemnizing officer. 43 Marriage may be solemnized by:44 (1) Any incumbent member of the judiciary within the court's jurisdiction. 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.50 43 44 Art. 6 Art. or in the office the consul-general. except in cases of marriages contracted on the point of death or in remote places in accordance with Article 2948 of this Code. 9. id. 47 Id. imam. in the church. likewise only in the cases mentioned in Article 32.

(4) Civil status. their parents or guardians shall not be required to exhibit their residence certificates in any formality in connection with the securing of the marriage license (Art. which shall specify the following: (1) Full name of the contracting party. 21 54 Art. when and where the previous marriage was dissolved or annulled. and shall be deemed automatically cancelled at the expiration of the said period if the contracting parties have not made use of it. the marriage may be solemnized without necessity of a marriage license and shall remain valid even if the ailing party subsequently survives. (3) Age and date of birth. 11) 51 Art. to submit a certificate of legal capacity to contract marriage. (9) Full name. (7) Degree of relationship of the contracting parties. in case the contracting party has neither father nor mother and is under the age of twenty-one years. in lieu of the certificate of legal capacity herein required.The license shall be valid in any part of the Philippines for a period of one hundred twenty (120) days from the date of issue. submit an affidavit stating the circumstances showing such capacity to contract marriage. (2) Place of birth. issued by their respective diplomatic or consular officials. 27 9 .54 Where a marriage license is required. 10 53 Art.52 When either or both of the contracting parties are citizens of a foreign country. (6) Present residence and citizenship. how. residence and citizenship of the guardian or person having charge. residence and citizenship of the father. Stateless persons or refugees from other countries shall. 20 52 Art. The issuance of the marriage license and the duties of the local civil registrar and of the solemnizing officer with regard to the celebration of marriage shall be performed by said consular official. (8) Full name. The expiry date shall be stamped in bold characters on the face of every license issued. and (10) Full name. (5) If previously married.51 Marriages between Filipino citizens abroad may be solemnized by a consulgeneral. consul or vice-consul of the Republic of the Philippines. residence and citizenship of the mother. each of the contracting parties shall file separately a sworn application for such license with the proper local civil registrar. it shall be necessary for them before a marriage license can be obtained.53 In case either or both of the contracting parties are at the point of death. The applicants.

32 57 Art.56 No license shall be necessary for the marriage of a man and a woman who have lived together as husband and wife for at least five years and without any legal impediment to marry each other.58 (5) That either or both of the contracting parties have secured the parental consent in appropriate cases. (3) The date and precise time of the celebration of the marriage. 22 10 . 31 Art. The contracting parties shall state the foregoing facts in an affidavit before any person authorized by law to administer oaths. whether members of the armed forces or civilians. supra 59 Art. but also during stopovers at ports of call. religion and habitual residence. (6) That either or both of the contracting parties have complied with the legal requirement regarding parental advice in appropriate cases.59 55 56 Art. (2) Their citizenship. The solemnizing officer shall also state under oath that he ascertained the qualifications of the contracting parties are found no legal impediment to the marriage57 The marriage certificate. who is a commissioned officer.55 A military commander of a unit. sex and age of each contracting party.A marriage in articulo mortis between passengers or crew members may also be solemnized by a ship captain or by an airplane pilot not only while the ship is at sea or the plane is in flight. in which the parties shall declare that they take each other as husband and wife. shall also state: (1) The full name. attaching a copy thereof. (4) That the proper marriage license has been issued according to law. if any. shall likewise have authority to solemnize marriages in articulo mortis between persons within the zone of military operation. and (7) That the parties have entered into marriage settlement. 34 58 except Marriages Exempted from License Requirement.

and valid there as such.All marriages solemnized outside the Philippines.63 (4) Bigamous or polygamous marriages not failing under Article 41. otherwise. (4). 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. 52 62 Art. otherwise.65 60 61 Art. 26 Art. infra 11 .60 Where a marriage between a Filipino citizen and a foreigner is validly celebrated and a divorce is thereafter validly obtained abroad by the alien spouse capacitating him or her to remarry. 53. 35. in accordance with the laws in force in the country where they were solemnized. shall also be valid in this country. (3) Solemnized without license. 37 and 38. (5) and (6). the Filipino spouse shall have capacity to remarry under Philippine law. except those prohibited under Articles 35 (1). (2) Solemnized by any person not legally authorized to perform marriages unless such marriages were contracted with either or both parties believing in good faith that the solemnizing officer had the legal authority to do so.62 The following marriages shall be void from the beginning: (1) Contracted by any party below eighteen (18) years of age even with the consent of parents or guardians. Art. 36. The judgment of annulment or of absolute nullity of the marriage. and (6) Subsequent marriages that are void under Article 53. the same shall not affect third persons.64 (5) Contracted through mistake of one contracting party as to the identity of the other. 53 63 except Marriages Exempted from License Requirement. the subsequent marriage shall be null and void. supra 64 infra 65 Art.61 Either of the former spouses may marry again after compliance with the foregoing requirements.

(5) Between the surviving spouse of the adopting parent and the adopted child. (3) Between parents-in-law and children-in-law.66 Whether the relationship between the parties be legitimate or illegitimate: (1) Between ascendants and descendants of any degree.67 For reasons of public policy: (1) Between collateral blood relatives whether legitimate or illegitimate. 39 12 . 36 Art. (7) Between an adopted child and a legitimate child of the adopter. (2) Between step-parents and step-children. (6) Between the surviving spouse of the adopted child and the adopter. (8) Between adopted children of the same adopter. (4) Between the adopting parent and the adopted child. at the time of the celebration. and (9) Between parties where one. In case of marriage celebrated before the effectivity of this Code and falling under Article 36. 37 68 supra 69 Art. The action or defense for the declaration of absolute nullity shall not prescribe. with the intention to marry the other. killed that other person's spouse.69 66 67 Art. and (2) Between brothers and sisters. was psychologically incapacitated to comply with the essential marital obligations of marriage. or his or her own spouse. up to the fourth civil degree. even if such incapacity becomes manifest only after its solemnization.A marriage contracted by any party who. whether of the full or half blood.68 such action or defense shall prescribe in ten (10) years after this Code shall take effect.

41 73 Art. 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. unless before the celebration of the subsequent marriage. including the division of the estate among the heirs: (1) A person on board a vessel lost during a sea voyage. 40 The following shall be presumed dead for all purposes. an absence of only two (2) years shall be sufficient. 42 13 . (3) A person who has been in danger of death under other circumstances and his existence has not been known for four years. and has been missing for four years. 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. unless there is a judgment annulling the previous marriage or declaring it void ab initio. The subsequent marriage referred to shall be automatically terminated by the recording of the affidavit of reappearance of the absent spouse. without prejudice to the effect of reappearance of the absent spouse. 72 Art.73 Effects of termination of the subsequent marriage: 70 71 Art. who has not been heard of for four years since the loss of the vessel or aeroplane. the spouse present must institute a summary proceeding for the declaration of presumptive death of the absentee.70 A marriage contracted by any person during subsistence of a previous marriage shall be null and void. In case of disappearance where there is danger of death under the circumstances set forth in the provisions of Article 39171 of the Civil Code. the prior spouse had been absent for four consecutive years and the spouse present has a well-founded belief that the absent spouse was already dead. (2) A person in the armed forces who has taken part in war.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.72 For the purpose of contracting the subsequent marriage under the preceding paragraph. or an aeroplane which is missing.

(2) The absolute community of property or the conjugal partnership. freely cohabited with the other as husband and wife. unless such party after coming to reason. (2) Either party was of unsound mind. in that order. and the marriage was solemnized without the consent of the parents. the innocent spouse. 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 74 If both spouses of the subsequent marriage acted in bad faith. such party freely cohabited with the other and both lived together as husband and wife. 44 14 . unless after attaining the age of twenty-one. the children of the guilty spouse by a previous marriage or in default of children. such donations made to said donee are revoked by operation of law. existing at the time of the marriage: (1) The party in whose behalf it is sought to have the marriage annulled was eighteen years of age or over but below twenty-one. his or her share of the net profits of the community property or conjugal partnership property shall be forfeited in favor of the common children or. 75 A marriage may be annulled for any of the following causes. (3) Donations by reason of marriage shall remain valid. 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. 43 Art. if there are none. even if such designation be stipulated as irrevocable. except that if the donee contracted the marriage in bad faith. guardian or person having substitute parental authority over the party.(1) The children of the subsequent marriage conceived prior to its termination shall be considered legitimate. but if either spouse contracted said marriage in bad faith. (4) The innocent spouse may revoke the designation of the other spouse who acted in bad faith as beneficiary in any insurance policy. 74 75 Art. as the case may be. shall be dissolved and liquidated.

unless such party afterwards. (2) Concealment by the wife of the fact that at the time of the marriage. health. intimidation or undue influence. such party thereafter freely cohabited with the other as husband and wife. within five (5) years after attaining the age of twenty-one. fortune or chastity shall constitute such fraud as will give grounds for action for the annulment of marriage77 The action for annulment of marriage must be filed by the following persons and within the periods indicated: (1) By the party whose parent or guardian did not give his or her consent. rank. freely cohabited with the other as husband and wife. (3) Concealment of sexually transmissible disease. or by the parent or guardian 76 77 Art. (4) The consent of either party was obtained by force.(3) The consent of either party was obtained by fraud. she was pregnant by a man other than her husband. habitual alcoholism or homosexuality or lesbianism existing at the time of the marriage. (5) Either party was physically incapable of consummating the marriage with the other. 46 15 . with full knowledge of the facts constituting the fraud. or (4) Concealment of drug addiction. existing at the time of the marriage. unless the same having disappeared or ceased. and such incapacity continues and appears to be incurable. regardless of its nature. or (6) Either party was afflicted with a sexually-transmissible disease found to be serious and appears to be incurable. No other misrepresentation or deceit as to character. 45 Art.76 Any of the following circumstances shall constitute fraud referred to in Number 3: (1) Non-disclosure of a previous conviction by final judgment of the other party of a crime involving moral turpitude.

The Court shall give paramount consideration to the moral and material welfare of said children and their choice of the parent with whom they wish to remain. who had no knowledge of the other's insanity. id.83 During the pendency of the action and in the absence of adequate provisions in a written agreement between the spouses. within five (5) years after the discovery of the fraud. or by the insane spouse during a lucid interval or after regaining sanity. 80 No.78 (2) By the sane spouse. 1 of Art.81 (5) By the injured party. 5 & 6. 3. at any time before such party has reached the age of twenty-one. 47) 83 Art. 48 84 Art. 81 No.or person having legal charge of the minor. (3). No judgment shall be based upon a stipulation of facts or confession of judgment. at any time before the death of either party. intimidation or undue influence disappeared or ceased.82 In all cases of annulment or declaration of absolute nullity of marriage. or by any relative or guardian or person having legal charge of the insane.84 The effects provided for by paragraphs (2). within five (5) years after the marriage. (Art. supra No. id. within five (5) years from the time the force. (4) and (5) of Article 43 and by Article 4485 shall also apply in the proper cases to marriages which are declared ab initio or annulled by final judgment under Articles 40 and 45. id. 49 85 supra 16 . id. the Court shall order the prosecuting attorney or fiscal assigned to it to appear on behalf of the State to take steps to prevent collusion between the parties and to take care that evidence is not fabricated or suppressed. the Court shall provide for the support of the spouses and the custody and support of their common children. 45.80 (4) By the injured party. 2. 82 Nos. It shall also provide for appropriate visitation rights of the other parent. 4.79 (3) By the injured party.86 78 79 No.

51 89 Art. unless the parties. and the delivery of third presumptive legitimes. 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. Art. see Reference 88 Art. for Arts. 52 90 Art. partition and distribution of the properties of the spouses.90 86 87 Ibid. unless such matters had been adjudicated in previous judicial proceedings. 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.The final judgment in such cases shall provide for the liquidation. the custody and support of the common children. 53 17 . had already provided for such matters. All creditors of the spouses as well as of the absolute community or the conjugal partnership shall be notified of the proceedings for liquidation. but the value of the properties already received under the decree of annulment or absolute nullity shall be considered as advances on their legitime88 The judgment of annulment or of absolute nullity of the marriage. 50. the same shall not affect third persons. otherwise. by mutual agreement judicially approved. 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 shall in no way prejudice the ultimate successional rights of the children accruing upon the death of either of both of the parents. In the partition.89 Either of the former spouses may marry again after compliance with the requirements of the immediately preceding Article. the conjugal dwelling and the lot on which it is situated.87 In said partition. the subsequent marriage shall be null and void. shall be adjudicated in accordance with the provisions of Articles 102 and 129. 102 & 109. otherwise. property or sound securities.

(9) Attempt by the respondent against the life of the petitioner. or connivance in such corruption or inducement. (3) Attempt of respondent to corrupt or induce the petitioner. (4) Final judgment sentencing the respondent to imprisonment of more than six years. or 91 92 supra Art. 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.92 III. (6) Lesbianism or homosexuality of the respondent. Legal Separation A petition for legal separation may be filed on any of the following grounds: (1) Repeated physical violence or grossly abusive conduct directed against the petitioner. or a child of the petitioner. a common child. (5) Drug addiction or habitual alcoholism of the respondent. even if pardoned. to engage in prostitution. (7) Contracting by the respondent of a subsequent bigamous marriage. Children conceived or born of the subsequent marriage under Article 53 shall likewise be legitimate. (8) Sexual infidelity or perversion. whether in the Philippines or abroad.Children conceived or born before the judgment of annulment or absolute nullity of the marriage under Article 3691 has become final and executory shall be considered legitimate. 54 18 .

93 The petition for legal separation shall be denied on any of the following grounds: (1) The aggrieved party has condoned the offense or act complained of. 57 96 Art.97 No decree of legal separation shall be based upon a stipulation of facts or a confession of judgment.(10) Abandonment of petitioner by respondent without justifiable cause for more than one year. (2) The aggrieved party has consented to the commission of the offense or act complained of. The term "child" shall include a child by nature or by adoption. 58 97 Art. (4) Both parties have given ground for legal separation. 9262. 59 19 . 56 95 Art. Anti-Violence Against Women and Children Art. (5) There is collusion between the parties to obtain decree of legal separation. or (6) The action is barred by prescription94 An action for legal separation shall be filed within five (5) years from the time of the occurrence of the cause. 55. despite such efforts. (3) There is connivance between the parties in the commission of the offense or act constituting the ground for legal separation. A. see also R.96 No legal separation may be decreed unless the Court has taken steps toward the reconciliation of the spouses and is fully satisfied.95 An action for legal separation shall in no case be tried before six (6) months shall have elapsed since the filing of the petition. that reconciliation is highly improbable. 93 94 Art.

and (4) The offending spouse shall be disqualified from inheriting from the innocent spouse by intestate succession. 62 102 supra 103 See Reference 20 . in the absence of a written agreement between the spouses. 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. shall designate either of them or a third person to administer the absolute community or conjugal partnership property. The administrator appointed by the court shall have the same powers and duties as those of a guardian under the Rules of Court. subject to the provisions of Article 213103 of this Code.98 After the filing of the petition for legal separation.99 During the pendency of the action for legal separation.102 (3) The custody of the minor children shall be awarded to the innocent spouse. 61 100 supra 101 Art. which shall be forfeited in accordance with the provisions of Article 43(2). provisions in favor of the offending spouse made in the will of the innocent spouse shall be revoked by operation of law. but the marriage bonds shall not be severed. the provisions of Article 49100 shall apply to the support of the spouses and the custody and support of the common children. 98 99 Art.In any case. Moreover. (2) The absolute community or the conjugal partnership shall be dissolved and liquidated but the offending spouse shall have no right to any share of the net profits earned by the absolute community or the conjugal partnership. The court. the spouses shall be entitled to live separately from each other. 60 Art.101 The decree of legal separation shall have the following effects: (1) The spouses shall be entitled to live separately from each other.

and (2) The final decree of legal separation shall be set aside.106 The agreement to revive the former property regime shall be executed under oath and shall specify: (1) The properties to be contributed anew to the restored regime. but the separation of property and any forfeiture of the share of the guilty spouse already effected shall subsist. Alienations. if still pending. even if such designation be stipulated as irrevocable. liens and encumbrances registered in good faith before the recording of the complaint for revocation in the registries of property shall be respected. unless the spouses agree to revive their former property regime. 66 21 . (2) Those to be retained as separated properties of each spouse. The action to revoke the donation must be brought within five (5) years from the time the decree of legal separation become final. The revocation of the donations shall be recorded in the registries of property in the places where the properties are located. as well as the designation of the latter as beneficiary in any insurance policy. 65 106 Art.After the finality of the decree of legal separation.104 If the spouses should reconcile. shall thereby be terminated at whatever stage.105 The reconciliation referred to in the preceding Articles shall have the following consequences: (1) The legal separation proceedings. the innocent spouse may revoke the donations made by him or by her in favor of the offending spouse. The revocation of or change in the designation of the insurance beneficiary shall take effect upon written notification thereof to the insured. The court's order containing the foregoing shall be recorded in the proper civil registries. 64 Art. and 104 105 Art. a corresponding joint manifestation under oath duly signed by them shall be filed with the court in the same proceeding for legal separation.

their addresses and the amounts owing to each.108 The husband and wife shall fix the family domicile. 67 Art. and render mutual help and support. unless the debtor-spouse has sufficient separate properties to satisfy the creditor's claim. the court shall decide. The agreement of revival and the motion for its approval shall be filed with the court in the same proceeding for legal separation. 68 22 . After due hearing. The court may exempt one spouse from living with the other if the latter should live abroad or there are other valid and compelling reasons for the exemption.107 IV. observe mutual love. the court shall. 107 108 Art. The recording of the ordering in the registries of property shall not prejudice any creditor not listed or not notified.(3) The names of all their known creditors. in its order. In case of disagreement. take measure to protect the interest of creditors and such order shall be recorded in the proper registries of properties. Rights and Obligations Between Husband and Wife The husband and wife are obliged to live together. respect and fidelity. with copies of both furnished to the creditors named therein.

72 23 . and (2) Benefit has occurred to the family prior to the objection or thereafter. such obligations shall be satisfied from the separate properties.111 When one of the spouses neglects his or her duties to the conjugal union or commits acts which tend to bring danger. (2) By the provisions of this Code.110 The management of the household shall be the right and the duty of both spouses. 71 112 Art. 69 Art. from the income or fruits of their separate properties. If the benefit accrued prior to the objection. In case of insufficiency or absence of said income or fruits.109 The spouses are jointly responsible for the support of the family.112 Either spouse may exercise any legitimate profession. serious. In case of disagreement. 70 111 Art. the aggrieved party may apply to the court for relief. dishonor or injury to the other or to the family. V. in the absence thereof. The latter may object only on valid. occupation. such exemption shall not apply if the same is not compatible with the solidarity of the family. Property Relations of the Spouses The property relationship between husband and wife shall be governed in the following order: (1) By marriage settlements executed before the marriage. business or activity without the consent of the other.However. the resulting obligation shall be enforced against the separate property of the spouse who has not obtained consent. The expenses for such support and other conjugal obligations shall be paid from the community property and. the court shall decide whether or not: (1) The objection is proper. The expenses for such management shall be paid in accordance with the provisions of Article 70. and 109 110 Art. and moral grounds.

78 120 Art. 67. it must be made before the celebration of the marriage. 74 Art. 117 A minor who according to law may contract marriage may also execute his or her marriage settlements. surviving parent or guardian. 128. In the absence of a marriage settlement. in the marriage settlements. 77 118 The father.116 The marriage settlements and any modification thereof shall be in writing. or persons having legal charge of them. it shall be indispensable for the guardian appointed by a competent court to be made a party thereto120 In the absence of a contrary stipulation in a marriage settlement.115 128. the property relations of the spouses shall be governed by Philippine laws. 135 and 136. or any other regime.119 For the validity of any marriage settlement executed by a person upon whom a sentence of civil interdiction has been pronounced or who is subject to any other disability. subject to the provisions of Articles 66.114 In order that any modification in the marriage settlements may be valid.(3) By the local custom. 80 24 . the system of absolute community of property as established in this Code shall govern. complete separation of property. signed by the parties and executed before the celebration of the marriage.113 The future spouses may. agree upon the regime of absolute community. mother. conjugal partnership of gains. regardless of the place of the celebration of the marriage and their residence. or when the regime agreed upon is void.121 This rule shall not apply: 113 114 Art. but they shall be valid only if the persons designated in Article 14118 to give consent to the marriage are made parties to the agreement. 135-6 117 Art. 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. see Reference for Arts. 119 Art. 76. 75 115 supra 116 Art. in the order mentioned. 79 121 Art.

(6) When the donee has committed an act of ingratitude as specified by the provisions of the Civil Code on donations in general125 122 123 Art.122 Donations by reason of marriage are those which are made before its celebration. including donations between the prospective spouses made therein. (5) If it is with a resolutory condition and the condition is complied with. and (3) With respect to the extrinsic validity of contracts entered into in the Philippines but affecting property situated in a foreign country whose laws require different formalities for its extrinsic validity. as required by law. the donee being the guilty spouse. and in favor of one or both of the future spouses. (3) When the marriage is annulled. in consideration of the same. stipulations that do not depend upon the celebration of the marriages shall be valid. shall be rendered void if the marriage does not take place. and the donee acted in bad faith.124 (2) When the marriage takes place without the consent of the parents or guardian. 86 25 . (2) With respect to the extrinsic validity of contracts affecting property not situated in the Philippines and executed in the country where the property is located. 82 124 supra 125 Art. However. Everything stipulated in the settlements or contracts referred to in the preceding articles in consideration of a future marriage. (4) Upon legal separation. 81 Art.123 May be revoked by the donor in the following cases: (1) If the marriage is not celebrated or judicially declared void ab initio except donations made in the marriage settlements.(1) Where both spouses are aliens. which shall be governed by Article 81.

they cannot donate to each other in their marriage settlements more than one-fifth of their present property. The final judgment in such cases shall provide for the liquidation. shall be adjudicated in accordance with the provisions of Articles 102 and 129. between the spouses during the marriage shall be void. In the partition.131 126 127 Art. the conjugal dwelling and the lot on which it is situated. Any excess shall be considered void. 84 26 .126 The effects provided for by paragraphs (2). complete separation of property. The prohibition shall also apply to persons living together as husband and wife without a valid marriage. In the absence of a marriage settlement.Donations by reason of marriage shall remain valid. see Reference for Arts. 43 (3) supra 128 Art. except moderate gifts which the spouses may give each other on the occasion of any family rejoicing. or when the regime agreed upon is void. All creditors of the spouses as well as of the absolute community or the conjugal partnership shall be notified of the proceedings for liquidation. or any other regime. (3). agree upon the regime of absolute community. except that if the donee contracted the marriage in bad faith. in the marriage settlements.128 Every donation or grant of gratuitous advantage. 87 130 Art. 102 & 129 129 Art. the system of absolute community of property as established in this Code shall govern130 If the future spouses agree upon a regime other than the absolute community of property. direct or indirect. such donations made to said donee are revoked by operation of law. 75 131 Art. partition and distribution of the properties of the spouses. and the delivery of third presumptive legitimes. unless such matters had been adjudicated in previous judicial proceedings. the custody and support of the common children.129 The future spouses may. conjugal partnership of gains. 50. (4) and (5) of Article 43 and by Article 44127 shall also apply in the proper cases to marriages which are declared ab initio or annulled by final judgment under Articles 40 and 45.

the same shall appear in a public instrument and shall be recorded as provided in Article 77. 91 27 .134 When the waiver takes place upon a judicial separation of property. The provisions on co-ownership shall apply to the absolute community of property between the spouses in all matters not provided for. for the commencement of the community regime at any other time shall be void. Any stipulation. 85 Art.Donations of future property shall be governed by the provisions on testamentary succession and the formalities of wills. Donations by reason of marriage of property subject to encumbrances shall be valid. In case of foreclosure of the encumbrance and the property is sold for less than the total amount of the obligation secured.136 Community Property consists of all the property owned by the spouses at the time of the celebration of the marriage or acquired thereafter.137 Excluded are the following: (1) Property acquired during the marriage by gratuitous title by either spouse. 133 No waiver of rights. If the property is sold for more than the total amount of said obligation. the donee shall not be liable for the deficiency. the donee shall be entitled to the excess. unless it is expressly provided by the donor. or after the marriage has been dissolved or annulled. shares and effects of the absolute community of property during the marriage can be made except in case of judicial separation of property. and the fruits as well as the income thereof.132 The absolute community of property between spouses shall commence at the precise moment that the marriage is celebrated.135 The creditors of the spouse who made such waiver may petition the court to rescind the waiver to the extent of the amount sufficient to cover the amount of their credits. 88 134 Art. 90 137 Art. if any. express or implied. testator or grantor that they shall form part of the community property. 89 135 See Reference 136 Art. 132 133 Art.

(3) Debts and obligations contracted by either spouse without the consent of the other to the extent that the family may have been benefited. or other activity for self-improvement.(2) Property for personal and exclusive use of either spouse. and the fruits as well as the income. their common children. 138 139 Art. or by one spouse with the consent of the other. if any. (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. (7) Antenuptial debts of either spouse insofar as they have redounded to the benefit of the family. However. liens. 93 28 . of such property. and legitimate children of either spouse. (4) All taxes.138 Property acquired during the marriage is presumed to belong to the community. (6) Expenses to enable either spouse to commence or complete a professional or vocational course. upon the community property. or by both spouses. jewelry shall form part of the community property. unless it is proved that it is one of those excluded therefrom. (3) Property acquired before the marriage by either spouse who has legitimate descendants by a former marriage. (5) All taxes and expenses for mere preservation made during marriage upon the separate property of either spouse used by the family. (2) All debts and obligations contracted during the marriage by the designated administrator-spouse for the benefit of the community. the support of illegitimate children shall be governed by the provisions of this Code on Support. 92 Art.139 Charges Upon and Obligations of the Community Property: (1) The support of the spouses. including major or minor repairs. charges and expenses. however.

94 Art. subject to recourse to the court by the wife for proper remedy. 97 29 . in case of absence or insufficiency of the exclusive property of the debtor-spouse. sweepstakes.141 The administration and enjoyment of the community property shall belong to both spouses jointly. However. whether permitted or prohibited by law. and liabilities incurred by either spouse by reason of a crime or a quasi-delict. the disposition or encumbrance shall be void. the husband's decision shall prevail. which must be availed of within five years from the date of the contract implementing such decision.140 Whatever may be lost during the marriage in any game of chance. and (10) Expenses of litigation between the spouses unless the suit is found to be groundless. the other spouse may assume sole powers of administration.143 140 141 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. or any other kind of gambling. the transaction shall be construed as a continuing offer on the part of the consenting spouse and the third person.142 Either spouse may dispose by will of his or her interest in the community property. shall be borne by the loser and shall not be charged to the community but any winnings therefrom shall form part of the community property. except those falling under paragraph (9). 95 142 Art. 96 143 Art. the payment of which shall be considered as advances to be deducted from the share of the debtor-spouse upon liquidation of the community. the spouses shall be solidarily liable for the unpaid balance with their separate properties. In case of disagreement. the support of illegitimate children of either spouse. If the community property is insufficient to cover the foregoing liabilities. In the absence of such authority or consent. betting. In the event that one spouse is incapacitated or otherwise unable to participate in the administration of the common properties.(9) Antenuptial debts of either spouse other than those falling under paragraph (7) of this Article. These powers do not include disposition or encumbrance without authority of the court or the written consent of the other spouse.

either spouse may. or Judicial separation of property during the marriage under Article 134 to 144 145 Art. the aggrieved spouse may petition the court for receivership. without just cause. subject to such precautionary conditions as the court may impose. parental or property relations. for judicial separation of property or for authority to be the sole administrator of the absolute community.144 Dissolution of Community Regime: (1) (2) (3) (4) 138. shall not have the right to be supported. 134-138 146 Art.145 The separation in fact between husband and wife shall not affect the regime of absolute community except that: (1) The spouse who leaves the conjugal home or refuses to live therein. The spouse present shall. Upon the death of either spouse. the separate property of both spouses shall be solidarily liable for the support of the family. The marriage is annulled or declared void. upon proper petition in a summary proceeding. without the consent of the other.146 If a spouse without just cause abandons the other or fails to comply with his or her obligations to the family. 100 30 . (2) When the consent of one spouse to any transaction of the other is required by law. make moderate donations from the community property for charity or on occasions of family rejoicing or family distress. 98 Art. 99. (3) In the absence of sufficient community property. see Reference for Arts. There is a decree of legal separation. However. The obligations to the family mentioned in the preceding paragraph refer to marital. 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.Neither spouse may donate any community property without the consent of the other. judicial authorization shall be obtained in a summary proceeding.

(2) The debts and obligations of the absolute community shall be paid out of its assets. Children below the age of seven years are deemed to have chosen the mother. 147 Procedure in the liquidation of the Absolute Community Assets and Liabilities: (1) An inventory shall be prepared. in the partition of the properties. taking into consideration the best interests of said children. in accordance with Article 51. which shall be divided equally between husband and wife. listing separately all the properties of the absolute community and the exclusive properties of each spouse. 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. (2). 102 31 .149 the said profits shall be the increase in value between the market value of the community property at the time of the celebration of the marriage and the market value at the time of its dissolution. (4) The net remainder of the properties of the absolute community shall constitute its net assets. No. No. the conjugal dwelling and the lot on which it is situated shall be adjudicated to the spouse with whom the majority of the common children choose to remain. For purpose of computing the net profits subject to forfeiture in accordance with Articles 43.148 (3) Whatever remains of the exclusive properties of the spouses shall thereafter be delivered to each of them. unless the court has decided otherwise. or unless there has been a voluntary waiver of such share provided in this Code. the court shall decide.151 147 148 Art. (2) and 63. 101 supra 149 ibid 150 ibid 151 Art.A spouse is deemed to have abandoned the other when her or she has left the conjugal dwelling without intention of returning.150 (6) Unless otherwise agreed upon by the parties. (5) The presumptive legitimes of the common children shall be delivered upon partition. In case of insufficiency of said assets. unless a different proportion or division was agreed upon in the marriage settlements. the spouses shall be solidarily liable for the unpaid balance with their separate properties in accordance with the provisions of the second paragraph of Article 94. In case there in no such majority.

256 32 . the net gains or 152 153 Art. 104 154 Art. the provisions in this Chapter shall be of supplementary application. the respective capital. as provided in Article 256.154 Under the regime of conjugal partnership of gains. The provisions shall also apply to conjugal partnerships of gains already established between spouses before the effectivity of this Code. In case of doubt as to which community the existing properties belong. see Reference for Art. Should the surviving spouse contract a subsequent marriage without compliance with the foregoing requirements. fruits and income of each community shall be determined upon such proof as may be considered according to the rules of evidence. the same shall be divided between the different communities in proportion to the capital and duration of each. a mandatory regime of complete separation of property shall govern the property relations of the subsequent marriage. and. 105. If upon the lapse of the six months period. the surviving spouse shall liquidate the community property either judicially or extra-judicially within six months from the death of the deceased spouse. 103 Art. any disposition or encumbrance involving the community property of the terminated marriage shall be void. without prejudice to vested rights already acquired in accordance with the Civil Code or other laws. If no judicial settlement proceeding is instituted.152 Whenever the liquidation of the community properties of two or more marriages contracted by the same person is carried out simultaneously. the community property shall be liquidated in the same proceeding for the settlement of the estate of the deceased. products. fruits and income from their separate properties and those acquired by either or both spouses through their efforts or by chance. no liquidation is made.Upon the termination of the marriage by death. upon dissolution of the marriage or of the partnership. the husband and wife place in a common fund the proceeds.153 Conjugal partnership of gains: In case the future spouses agree in the marriage settlements that the regime of conjugal partnership gains shall govern their property relations during marriage.

without the consent of the other spouse.benefits obtained by either or both spouses shall be divided equally between them. which shall be recorded in the registry of property of the place the property is located. unless otherwise agreed in the marriage settlements. (2) Each acquires during the marriage by gratuitous title.161 The alienation of any exclusive property of a spouse administered by the other automatically terminates the administration over such property and the proceeds of the alienation shall be turned over to the owner-spouse.158 Exclusive Property of Each Spouse: (1) Brought to the marriage as his or her own. 111 33 . and appear alone in court to litigate with regard to the same.160 A spouse of age may mortgage.162 155 156 Art. possession. 109 160 Art. during the marriage. alienate or otherwise dispose of his or her exclusive property. transfer the administration of his or her exclusive property to the other by means of a public instrument.157 The conjugal partnership shall be governed by the rules on the contract of partnership in all that is not in conflict with what is expressly determined in this Chapter or by the spouses in their marriage settlements. (3) Acquired by right of redemption. administration and enjoyment of their exclusive properties. 106 supra 157 Art. encumber. by barter or by exchange with property belonging to only one of the spouses. 108 159 Art. 110 161 Art. and (4) Purchased with exclusive money of the wife or of the husband159 The spouses retain the ownership. Either spouse may. 107 158 Art.155 The rules provided in Articles 88 and 89156 shall also apply to conjugal partnership of gains.

whether the acquisition appears to have been made. (5) Those acquired through occupation such as fishing or hunting. 162 163 Art. 114 165 Art. pensions.163 If the donations are onerous. contracted or registered in the name of one or both spouses.166 The following are conjugal partnership properties: (1) Those acquired by onerous title during the marriage at the expense of the common fund. (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. as well as the net fruits from the exclusive property of each spouse. usufructs and similar benefits shall be governed by the rules on gratuitous or onerous acquisitions as may be proper in each case. (2) Those obtained from the labor. and in the absence of designation. whether the acquisition be for the partnership. without prejudice to the right of accretion when proper. annuities. is presumed to be conjugal unless the contrary is proved. the amount of the charges shall be borne by the exclusive property of the donee spouse. work or profession of either or both of the spouses. shall pertain to the donee-spouses as his or her own exclusive property. 112 Art.164 Retirement benefits. due or received during the marriage from the common property. (3) The fruits. 115 166 Art. share and share alike. industrial. jointly and with designation of determinate shares. natural. gratuities.165 Conjugal Partnership Property: All property acquired during the marriage. whenever they have been advanced by the conjugal partnership of gains. or civil. or for only one of the spouses. industry.Property donated or left by will to the spouses. 116 34 . 113 164 Art.

losses therefrom shall be borne exclusively by the loser-spouse. Charges upon and obligations of the Conjugal Partnership of Gains: 167 168 Art.169 The ownership of improvements. interests falling due during the marriage on the principal shall belong to the conjugal partnership. 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. said property shall be retained in ownership by the owner-spouse. whether for utility or adornment.168 Whenever an amount or credit payable within a period of time belongs to one of the spouses. In either case. 117 Art. which shall be made at the time of the liquidation of the conjugal partnership. or to the original owner-spouse. likewise subject to reimbursement of the cost of the improvement. In either case. 118 169 Art.(6) Livestock existing upon the dissolution of the partnership in excess of the number of each kind brought to the marriage by either spouse. However. 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. and (7) Those which are acquired by chance. 119 35 . the ownership of the entire property shall be vested upon the reimbursement. However. subject to the following rules: When the cost of the improvement made by the conjugal partnership and any resulting increase in value are more than the value of the property at the time of the improvement. subject to reimbursement of the value of the property of the ownerspouse at the time of the improvement. the entire property of one of the spouses shall belong to the conjugal partnership.167 Property bought on installments paid partly from exclusive funds of either or both spouses and partly from conjugal funds belongs to the buyer or buyers if full ownership was vested before the marriage and to the conjugal partnership if such ownership was vested during the marriage. 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. otherwise. such as winnings from gambling or betting.

(7) Antenuptial debts of either spouse insofar as they have redounded to the benefit of the family. and (9) Expenses of litigation between the spouses unless the suit is found to groundless. 170 Art. or by both spouses or by one of them with the consent of the other. and the legitimate children of either spouse. (5) All taxes and expenses for mere preservation made during the marriage upon the separate property of either spouse. (2) All debts and obligations contracted during the marriage by the designated administrator-spouse for the benefit of the conjugal partnership of gains. the spouses shall be solidarily liable for the unpaid balance with their separate properties.(1) The support of the spouse. (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. (4) All taxes. (3) Debts and obligations contracted by either spouse without the consent of the other to the extent that the family may have benefited.170 The payment of personal debts contracted by the husband or the wife before or during the marriage shall not be charged to the conjugal properties partnership except insofar as they redounded to the benefit of the family. charges. and expenses. including major or minor repairs upon the conjugal partnership property. their common children. (6) Expenses to enable either spouse to commence or complete a professional. vocational. 121 36 . If the conjugal partnership is insufficient to cover the foregoing liabilities. or other activity for self-improvement. liens.

which must be availed of within five years from the date of the contract implementing such decision.173 Neither spouse may donate any conjugal partnership property without the consent of the other. make moderate donations from the conjugal partnership property for charity or on occasions of family rejoicing or family distress.171 Whatever may be lost during the marriage in any game of chance or in betting. the transaction shall be construed as a continuing offer on the part of the consenting spouse and the third person. or any other kind of gambling whether permitted or prohibited by law. sweepstakes. However. 124 174 Art. subject to recourse to the court by the wife for proper remedy. either spouse may. 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. if the spouse who is bound should have no exclusive property or if it should be insufficient. In case of disagreement. 123 173 Art. without the consent of the other. but at the time of the liquidation of the partnership. the husband's decision shall prevail. However. These powers do not include disposition or encumbrance without authority of the court or the written consent of the other spouse. the other spouse may assume sole powers of administration. 125 37 . 122 Art. In the absence of such authority or consent. the disposition or encumbrance shall be void.174 171 172 Art. shall be borne by the loser and shall not be charged to the conjugal partnership but any winnings therefrom shall form part of the conjugal partnership property. may be enforced against the partnership assets after the responsibilities enumerated in the preceding Article have been covered. the payment of personal debts contracted by either spouse before the marriage. such spouse shall be charged for what has been paid for the purpose above-mentioned.Neither shall the fines and pecuniary indemnities imposed upon them be charged to the partnership.172 Administration of the of the Conjugal Partnership of Gains: The administration and enjoyment of the conjugal partnership shall belong to both spouses jointly. In the event that one spouse is incapacitated or otherwise unable to participate in the administration of the conjugal properties. as well as the support of illegitimate children of either spouse. However. that of fines and indemnities imposed upon them.

or (4) In case of judicial separation of property during the marriage under Articles 134 to 138.176 If a spouse without just cause abandons the other or fails to comply with his or her obligation to the family. 126 Art. or for authority to be the sole administrator of the conjugal partnership property. subject to such precautionary conditions as the court may impose. 127 38 . (3) In the absence of sufficient conjugal partnership property. parental or property relations. for judicial separation of property. (3) The marriage is annulled or declared void. judicial authorization shall be obtained in a summary proceeding. the separate property of both spouses shall be solidarily liable for the support of the family. (2) There is a decree of legal separation. the aggrieved spouse may petition the court for receivership. 175 176 Art. except that: (1) The spouse who leaves the conjugal home or refuses to live therein. The obligations to the family mentioned in the preceding paragraph refer to marital. shall not have the right to be supported. without just cause. (2) When the consent of one spouse to any transaction of the other is required by law.175 The separation in fact between husband and wife shall not affect the regime of conjugal partnership.Dissolution of the regime of Conjugal Partnership of Gains: (1) Upon the death of either spouse. upon petition in a summary proceeding. The spouse present shall. 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.

even due to fortuitous event.178 (5) Whatever remains of the exclusive properties of the spouses shall thereafter be delivered to each of them. (7) The net remainder of the conjugal partnership properties shall constitute the profits. In case of insufficiency of said assets. 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.177 Procedure in the Liquidation of the Conjugal Partnership Assets and Liabilities: (1) An inventory shall be prepared. (4) The debts and obligations of the conjugal partnership shall be paid out of the conjugal assets. shall be paid to said spouse from the conjugal funds. if any. the loss or deterioration of movables used for the benefit of the family. (6) Unless the owner had been indemnified from whatever source. 128 supra 39 . (2) Amounts advanced by the conjugal partnership in payment of personal debts and obligations of either spouse shall be credited to the conjugal partnership as an asset thereof. (3) Each spouse shall be reimbursed for the use of his or her exclusive funds in the acquisition of property or for the value of his or her exclusive property. listing separately all the properties of the conjugal partnership and the exclusive properties of each spouse. 177 178 Art.A spouse is deemed to have abandoned the other when he or she has left the conjugal dwelling without intention of returning. the spouses shall be solidarily liable for the unpaid balance with their separate properties. unless a different proportion or division was agreed upon in the marriage settlements or unless there has been a voluntary waiver or forfeiture of such share as provided in this Code. which shall be divided equally between husband and wife. in accordance with the provisions of paragraph (2) of Article 121. the ownership of which has been vested by law in the conjugal partnership. belonging to either spouse.

182 Art. Should the surviving spouse contract a subsequent marriage without compliance with the foregoing requirements.181 Whenever the liquidation of the conjugal partnership properties of two or more marriages contracted by the same person is carried out simultaneously. Children below the age of seven years are deemed to have chosen the mother.180 Upon the termination of the marriage by death.182 179 180 ibid Art. 130. the conjugal dwelling and the lot on which it is situated shall.179 (9) In the partition of the properties. the court shall decide.(8) The presumptive legitimes of the common children shall be delivered upon the partition in accordance with Article 51. the surviving spouse shall liquidate the conjugal partnership property either judicially or extra-judicially within six months from the death of the deceased spouse. unless otherwise agreed upon by the parties. any disposition or encumbrance involving the conjugal partnership property of the terminated marriage shall be void. 129 181 Art. a mandatory regime of complete separation of property shall govern the property relations of the subsequent marriage. be adjudicated to the spouse with whom the majority of the common children choose to remain. In case of doubt as to which partnership the existing properties belong. taking into consideration the best interests of said children. the respective capital. unless the court has decided otherwise. the same shall be divided between the different partnerships in proportion to the capital and duration of each. 131 40 . fruits and income of each partnership shall be determined upon such proof as may be considered according to the rules of evidence. the conjugal partnership property shall be liquidated in the same proceeding for the settlement of the estate of the deceased. If no judicial settlement proceeding is instituted. In case there is no such majority. If upon the lapse of the six-month period no liquidation is made.

133 185 Art.The Rules of Court on the administration of estates of deceased persons shall be observed in the appraisal and sale of property of the conjugal partnership. the spouses have been separated in fact for at least one year and reconciliation is highly improbable. (2) That the spouse of the petitioner has been judicially declared an absentee.185 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. and other matters which are not expressly determined in this Chapter. the separation of property between spouses during the marriage shall not take place except by judicial order.186 (5) That the spouse granted the power of administration in the marriage settlements has abused that power. (3) That loss of parental authority of the spouse of petitioner has been decreed by the court. (4) That the spouse of the petitioner has abandoned the latter or failed to comply with his or her obligations to the family as provided for in Article 101. 132 Art. but from this shall be deducted that amount received for support which exceeds the fruits or rents pertaining to them. 134 186 supra 41 .184 Separation of Property of the Spouses and Administration of Common Property by One Spouse During the Marriage: In the absence of an express declaration in the marriage settlements. and (6) That at the time of the petition. Such judicial separation of property may either be voluntary or for sufficient cause.183 From the common mass of property support shall be given to the surviving spouse and to the children during the liquidation of the inventoried property and until what belongs to them is delivered. 183 184 Art.

the absolute community or the conjugal partnership of gains shall be liquidated in conformity with this Code. (2) and (3). the absolute community or the conjugal partnership shall pay for the support of the spouses and their children. 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. 138 191 Art. shall be listed in the petition and notified of the filing thereof. All creditors of the absolute community or of the conjugal partnership of gains. 136 189 Art. and for the separation of their common properties. The court shall take measures to protect the creditors and other persons with pecuniary interest.188 Once the separation of property has been decreed. as well as the personal creditors of the spouse. 187 188 Art.187 The spouses may jointly file a verified petition with the court for the voluntary dissolution of the absolute community or the conjugal partnership of gains.189 After dissolution of the absolute community or of the conjugal partnership.190 The petition for separation of property and the final judgment granting the same shall be recorded in the proper local civil registries and registries of property. the provisions on complete separation of property shall apply. in the same proceedings where separation of property was decreed. 135 Art. 137 190 Art. file a motion in court for a decree reviving the property regime that existed between them before the separation of property in any of the following instances: (1) When the civil interdiction terminates. 140 42 . 139 192 Art.191 The separation of property shall not prejudice the rights previously acquired by creditors. During the pendency of the proceedings for separation of property.In the cases provided for in Numbers (1).192 The spouses may.

141 43 .(2) When the absentee spouse reappears. or (4) When one spouse becomes a fugitive from justice or is in hiding as an accused in a criminal case. No voluntary separation of property may thereafter be granted. they agree to the revival of the former property regime. being satisfied that the spouse granted the power of administration in the marriage settlements will not again abuse that power. reconcile and resume common life. 193 The administration of all classes of exclusive property of either spouse may be transferred by the court to the other spouse: (1) When one spouse becomes the guardian of the other. or (7) When after voluntary dissolution of the absolute community of property or conjugal partnership has been judicially decreed upon the joint petition of the spouses. (2) When one spouse is judicially declared an absentee. 193 Art. (4) When the spouse who has left the conjugal home without a decree of legal separation resumes common life with the other. (5) When parental authority is judicially restored to the spouse previously deprived thereof. authorizes the resumption of said administration. (6) When the spouses who have separated in fact for at least one year. (3) When one spouse is sentenced to a penalty which carries with it civil interdiction. The revival of the former property regime shall be governed by Article 67. (3) When the court.

143 196 Art. business or industry and all fruits. the property not agreed upon as separate shall pertain to the absolute community. 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.194 Regime of Separation of Property: Should the future spouses agree in the marriage settlements that their property relations during marriage shall be governed by the regime of separation of property. 142. the provisions of this Chapter shall be suppletory. due or received during the marriage from his or her separate property. or any other just cause.If the other spouse is not qualified by reason of incompetence. natural. however. 145 198 Art.197 Both spouses shall bear the family expenses in proportion to their income. It may be total or partial. or. to the current market value of their separate properties. in case of insufficiency or default thereof.195 Separation of property may refer to present or future property or both. 144 197 Art. Art. be solidary. possess. In the latter case. administer and enjoy his or her own separate estate. live exclusively with each other as husband and wife without the benefit of marriage or under a void marriage. To each spouse shall belong all earnings from his or her profession. the court shall appoint a suitable person to be the administrator. dispose of.198 Property Regime of Unions Without Marriage: When a man and a woman who are capacitated to marry each other. without need of the consent of the other. 146 44 . The liabilities of the spouses to creditors for family expenses shall. conflict of interest. industrial or civil.196 Each spouse shall own. 194 195 Art.

his or her share in the coownership shall accrue to the absolute community or conjugal partnership existing in such valid marriage. only the properties acquired by both of the parties through their actual joint contribution of money. In all cases.200 VI. Consequently. For purposes of this Article. and shall be owned by them in equal shares. When only one of the parties to a void marriage is in good faith. The foregoing rules on forfeiture shall likewise apply even if both parties are in both faith. without the consent of the other. the share of the party in bad faith in the co-ownership shall be forfeited in favor of their common children. In the absence of proof to the contrary. 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. until after the termination of their cohabitation. 148 45 . The Family The family. their contributions and corresponding shares are presumed to be equal. work or industry. If one of the parties is validly married to another. is a basic social institution which public policy cherishes and protects.In the absence of proof to the contrary. the forfeiture shall take place upon termination of the cohabitation.199 In cases of cohabitation not falling under the preceding Article. In the absence of descendants. properties acquired while they lived together shall be presumed to have been obtained by their joint efforts. If the party who acted in bad faith is not validly married to another. The same rule and presumption shall apply to joint deposits of money and evidences of credit. property. 147 Art. or industry shall be owned by them in common in proportion to their respective contributions. such share shall belong to the innocent party. each vacant share shall belong to the respective surviving descendants. being the foundation of the nation. family relations are governed by 199 200 Art. his or her shall be forfeited in the manner provided in the last paragraph of the preceding Article. In case of default of or waiver by any or all of the common children or their descendants. 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.

forced sale or attachment except as hereinafter provided and to the extent of the value allowed by law. but that the same have failed.203 The family home. 150 203 Art.204 The family home is deemed constituted on a house and lot from the time it is occupied as a family residence. and the land on which it is situated. constituted jointly by the husband and the wife or by an unmarried head of a family. is the dwelling house where they and their family reside. (3) Among brothers and sisters. (5) The jurisdiction of courts. (6) Future legitime (Art. Art. the same case must be dismissed. (2) Between parents and children. From the time of its constitution and so long as any of its beneficiaries actually resides therein.law and no custom. 153 46 . 151 No compromise upon the following questions shall be valid: (1) The civil status of persons. (2) The validity of a marriage or a legal separation. the family home continues to be such and is exempt from execution. practice or agreement destructive of the family shall be recognized or given effect. 2035) 204 Art. (4) Future support. This rules shall not apply to cases which may not be the subject of compromise under the Civil Code. 152 205 Art. 149.201 Family relations include those: (1) Between husband and wife. If it is shown that no such efforts were in fact made.202 No suit between members of the same family shall prosper unless it should appear from the verified complaint or petition that earnest efforts toward a compromise have been made. (3) Any ground for legal separation.205 Beneficiaries of a family home: 201 202 Art. whether of the full or half-blood.

mechanics. 155 208 Art. whether the relationship be legitimate or illegitimate. property that is the subject of a conditional sale on installments where ownership is reserved by the vendor only to guarantee payment of the purchase price may be constituted as a family home. (2) For debts incurred prior to the constitution of the family home. or of the exclusive properties of either spouse with the latter's consent. at the time of its constitution. or such amounts as may hereafter be fixed by law. materialmen and others who have rendered service or furnished material for the construction of the building. Nevertheless. and (2) Their parents. the amount of the three hundred thousand pesos in urban areas. who are living in the family home and who depend upon the head of the family for legal support. architects. descendants.207 The family home must be part of the properties of the absolute community or the conjugal partnership.208 The actual value of the family home shall not exceed. and two hundred thousand pesos in rural areas. and (4) For debts due to laborers. 206 207 Art. forced sale or attachment except: (1) For nonpayment of taxes.(1) The husband and wife. ascendants.206 The family home shall be exempt from execution. brothers and sisters. 156 47 . It may also be constituted by an unmarried head of a family on his or her own property. builders. 154 Art. (3) For debts secured by mortgages on the premises before or after such constitution. or an unmarried person who is the head of a family.

the same rule and procedure shall apply. 157 Art. assigned or encumbered by the owner or owners thereof with the written consent of the person constituting the same. 158 211 Art. The proceeds shall be applied first to the amount mentioned in Article 157. the latter's spouse. If the increased actual value exceeds the maximum allowed in Article 157 and results from subsequent voluntary improvements introduced by the person or persons constituting the family home. This rule shall apply regardless of whoever owns the property or constituted the family home. he may apply to the court which rendered the judgment for an order directing the sale of the property under execution. All others are deemed to be rural areas. and a majority of the beneficiaries of legal age.211 When a creditor whose claims is not among those mentioned in Article 155212 obtains a judgment in his favor. Urban areas are deemed to include chartered cities and municipalities whose annual income at least equals that legally required for chartered cities. In case of conflict. the court shall decide.In any event. shall be delivered to the judgment debtor. and he has reasonable grounds to believe that the family home is actually worth more than the maximum amount fixed in Article 157 213. donated. if any. no bid below the value allowed for a family home shall be considered. and then to the liabilities under the judgment and the costs. The court shall so order if it finds that the actual value of the family home exceeds the maximum amount allowed by law as of the time of its constitution.214 209 210 Art. the value most favorable for the constitution of a family home shall be the basis of evaluation. or by any of the beneficiaries. alienated.210 The family home shall continue despite the death of one or both spouses or of the unmarried head of the family for a period of ten years or for as long as there is a minor beneficiary. if the value of the currency changes after the adoption of this Code. 159 212 supra 213 ibid 214 Art. and the heirs cannot partition the same unless the court finds compelling reasons therefor. 160 48 .209 The family home may be sold. by the owner or owners of the property. At the execution sale. The excess.

215 The provisions in this Chapter shall also govern existing family residences insofar as said provisions are applicable. Paternity and Filiation Legitimate Children: The filiation of children may be by nature or by adoption. (b) the fact that the husband and wife were living separately in such a way that sexual intercourse was not possible. or be the beneficiary of. 161 Art. Natural filiation may be legitimate or illegitimate. The instrument shall be recorded in the civil registry together with the birth certificate of the child. provided. only one family home. 164 219 Art. 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. 163 218 Art.217 Children conceived or born during the marriage of the parents are legitimate.For purposes of availing of the benefits of a family home.216 VII. that both of them authorized or ratified such insemination in a written instrument executed and signed by them before the birth of the child. a person may constitute. or 215 216 Art.219 Legitimacy of a child may be impugned only on the following grounds: (1) That it was physically impossible for the husband to have sexual intercourse with his wife within the first 120 days of the 300 days which immediately preceded the birth of the child because of: (a) the physical incapacity of the husband to have sexual intercourse with his wife. 165 49 .218 Children conceived and born outside a valid marriage are illegitimate. unless otherwise provided in this Code. 162 217 Art.

except in the instance provided in the second paragraph of Article 164. the written authorization or ratification of either parent was obtained through mistake. the child could not have been that of the husband. intimidation.224 The action to impugn the legitimacy of the child shall be brought within one year from the knowledge of the birth or its recording in the civil register. which absolutely prevented sexual intercourse.222 If the marriage is terminated and the mother contracted another marriage within three hundred days after such termination of the former marriage.220 or (3) That in case of children conceived through artificial insemination. 166 222 Art. if the 220 221 supra Art. even though it be born within the three hundred days after the termination of the former marriage. violence. provided it be born within three hundred days after the termination of the former marriage.(c) serious illness of the husband. or undue influence.223 The legitimacy or illegitimacy of a child born after three hundred days following the termination of the marriage shall be proved by whoever alleges such legitimacy or illegitimacy. 167 223 Art. 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. 168 224 Art. (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. fraud.221 The child shall be considered legitimate although the mother may have declared against its legitimacy or may have been sentenced as an adulteress. 169 50 . (2) That it is proved that for biological or other scientific reasons.

the period shall be two years if they should reside in the Philippines. whichever is earlier. by: (1) The open and continuous possession of the status of a legitimate child.husband or. In the absence of the foregoing evidence. 172 51 . all of his heirs do not reside at the place of birth as defined in the first paragraph or where it was recorded. If the birth of the child has been concealed from or was unknown to the husband or his heirs.226 Proof of Filiation: By any of the following: (1) The record of birth appearing in the civil register or a final judgment. (2) If he should die after the filing of the complaint without having desisted therefrom.227 225 226 Art. any of his heirs. 171 227 Art.225 The heirs of the husband may impugn the filiation of the child within the period prescribed in the preceding article only in the following cases: (1) If the husband should die before the expiration of the period fixed for bringing his action. in his default. 170 Art. If the husband or. in a proper case. 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. or (2) Any other means allowed by the Rules of Court and special laws. and three years if abroad. or (2) An admission of legitimate filiation in a public document or a private handwritten instrument and signed by the parent concerned. or (3) If the child was born after the death of the husband. should reside in the city or municipality where the birth took place or was recorded.

(2) To receive support from their parents. 232 Art. or when an admission in a public document or private handwritten instrument is made by the father. 176. in conformity with the provisions of the Civil Code on Surnames.232 Illegitimate children shall use the surname and shall be under the parental authority of their mother. their brothers and sisters. 173 Art. illegitimate children may use the surname of their father if their filiation has been expressly recognized by the father through the record of birth appearing in the civil register. The legitime of each illegitimate child shall consist of one-half (1/2) of the legitime of a legitimate child. 175 233 Art.233 228 229 Art. In these cases.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. and shall be entitled to support. in conformity with the provisions of this Code on Support.228 Rights of legitimate children: (1) To bear the surnames of the father and the mother.A. 231 in which case the action may be brought during the lifetime of the alleged parent. The father has the right to institute an action before the regular courts to prove non-filiation during his lifetime. and in proper cases. as amended by R. 9255 52 . The action must be brought within the same period specified in Article 173. their ascendants.230 except when the action is based on the second paragraph of Article 172.229 Illegitimate Children may establish their illegitimate filiation in the same way and on the same evidence as legitimate children. the heirs shall have a period of five years within which to institute the action. 174 230 supra 231 Ibid. and (3) To be entitled to the legitimate and other successional rights granted to them by the Civil Code. However.

A. No. 182 240 see Reference 241 Ibid.234 Legitimation shall take place by a subsequent valid marriage between parents.Country Adoption Act of 1995241 IX.239 VIII. trade 234 235 Art. 178 236 Art. clothing. Support Comprises everything indispensable for sustenance. 181 239 Art. in keeping with the financial capacity of the family. within five years from the time their cause of action accrues. 180 238 Art. Inter. education and transportation. 177 Art. 53 .238 Legitimation may be impugned only by those who are prejudiced in their rights. Domestic Adoption Act of 1998 (R. at the time of the conception of the former. Adoption A. 179 237 Art.237 The legitimation of children who died before the celebration of the marriage shall benefit their descendants. 8552)240 B. medical attendance. The education of the person entitled to be supported referred to in the preceding paragraph shall include his schooling or training for some profession.235 Legitimated children shall enjoy the same rights as legitimate children.Only children conceived and born outside of wedlock of parents who. dwelling. were not disqualified by any impediment to marry each other may be legitimated. The annulment of a voidable marriage shall not affect the legitimation.236 The effects of legitimation shall retroact to the time of the child's birth.

whether legitimate or illegitimate. (1) The spouses. descendants. whether of full or half-blood243 Brothers and sisters not legitimately related. 242 Who are Obliged. except only when the need for support of the brother or sister. if financially capable. the liability shall devolve upon the following persons in the order herein provided: (1) The spouse. the absolute community or the conjugal partnership. 197 54 . shall advance the support. Transportation shall include expenses in going to and from school. are likewise bound to support each other to the full extent set forth in Article 194244. (2) The descendants in the nearest degree. or to and from place of work. even beyond the age of majority. whether legitimately or illegitimately related. (2) Legitimate ascendants and descendants. and 242 243 Art. which shall be deducted from the share of the spouse obliged upon the liquidation of the absolute community or of the conjugal partnership. (3) Parents and their legitimate children and the legitimate and illegitimate children of the latter. and brothers and sisters. and (5) Legitimate brothers and sisters. is due to a cause imputable to the claimant's fault or negligence. only the separate property of the person obliged to give support shall be answerable provided that in case the obligor has no separate property. being of age. 195 244 supra 245 Art. 196 246 Art.246 Whenever two or more persons are obliged to give support. 194 Art.245 In case of legitimate ascendants.or vocation. whether of the full or half-blood. (3) The ascendants in the nearest degree. (4) Parents and their illegitimate children and the legitimate and illegitimate children of the latter.

in case of urgent need and by special circumstances. 208 55 . Furthermore.248 When. any third person may furnish support to the needy individual.249 When the person obliged to support another unjustly refuses or fails to give support when urgently needed by the latter. contractual support shall be subject to adjustment whenever modification is necessary due to changes of circumstances manifestly beyond the contemplation of the parties. with right of reimbursement from the person obliged to give support.251 247 248 Art. without prejudice to his right to claim from the other obligors the share due from them. the order established in the preceding article shall be followed. without the knowledge of the person obliged to give support. 200 249 Art. unless it appears that he gave it without intention of being reimbursed. When two or more recipients at the same time claim support from one and the same person legally obliged to give it. However. the excess in amount beyond that required for legal support shall be subject to levy on attachment or execution.(4) The brothers and sisters. it is given by a stranger. unless the concurrent obligees should be the spouse and a child subject to parental authority. 206 250 Art. in which case the child shall be preferred.247 When the obligation to give support falls upon two or more persons. the payment of the same shall be divided between them in proportion to the resources of each. 207 251 Art. 199 Art. should the latter not have sufficient means to satisfy all claims. This shall particularly apply when the father or mother of a child under the age of majority unjustly refuses to support or fails to give support to the child when urgently needed. the judge may order only one of them to furnish the support provisionally.250 In case of contractual support or that given by will. the latter shall have a right to claim the same from the former.

255 The person obliged to give support shall have the option to fulfill the obligation either by paying the allowance fixed. 205 56 .253 Support shall be reduced or increased proportionately. but it shall not be paid except from the date of judicial or extrajudicial demand Support pendente lite may be claimed in accordance with the Rules of Court. However. according to the reduction or increase of the necessities of the recipient and the resources or means of the person obliged to furnish the same.254 When Demandable: From the time the person who has a right to receive the same needs it for maintenance.257 252 253 Art.252 The amount shall be in proportion to the resources or means of the giver and to the necessities of the recipient. his heirs shall not be obliged to return what he has received in advance. 202 255 Art. the obligation of mutual support between the spouses ceases. specifying the terms of such order. 204 257 Art. 254 Art. 201. or by receiving and maintaining in the family dwelling the person who has a right to receive support. 198 Art.The spouses and their children shall be supported from the properties of the absolute community or the conjugal partnership. Payment shall be made within the first five (5) days of each corresponding month or when the recipient dies.256 The right to receive support as well as any money or property obtained as such support shall not be levied upon on attachment or execution. The latter alternative cannot be availed of in case there is a moral or legal obstacle thereto. the court may order that the guilty spouse shall give support to the innocent one. 203 256 Art. in case of legal separation. After the final judgment granting the petition.

262 In case of death. the father's decision shall prevail.258 Parental authority and responsibility may not be renounced or transferred except in the cases authorized by law. especially the choice of the child over seven years of age. In case several survive. 209 Art. taking into account the same consideration mentioned in the preceding article. the one designated by the court.260 In case of absence or death of either parent. 214 57 . parental authority and responsibility shall include the caring for and rearing them for civic consciousness and efficiency and the development of their moral. The Court shall take into account all relevant considerations. unless the court appoints another person to be the guardian of the person or property of the children. 212 262 Art. 211 261 Art. substitute parental authority shall be exercised by the surviving grandparent.263 258 259 Art. parental authority shall be exercised by the parent designated by the Court. unless there is a judicial order to the contrary. the parent present shall continue exercising parental authority.259 The father and the mother shall jointly exercise parental authority over the persons of their common children.X. In case of disagreement. 210 260 Art. absence or unsuitability of the parents. Children shall always observe respect and reverence towards their parents and are obliged to obey them as long as the children are under parental authority.261 In case of separation of the parents. mental and physical character and well-being. Parental Authority Pursuant to the natural right and duty of parents over the person and property of their unemancipated children. 213 263 Art. The remarriage of the surviving parent shall not affect the parental authority over the children. unless the parent chosen is unfit. shall exercise the authority.

unless unfit or disqualified. entity or institution. except when such testimony is indispensable in a crime against the descendant or by one parent against the other. 215 supra 266 Art. entity or institution engaged in child are shall have special parental authority and responsibility over the minor child while under their supervision. 264 265 Art.264 The following persons shall exercise substitute parental authority over the child in the order indicated: (1) The surviving grandparent. abandoned neglected or abused children and other children similarly situated. instruction or custody. to testify against his parents and grandparents. Whenever the appointment or a judicial guardian over the property of the child becomes necessary. or the individual.266 In case of foundlings. and (3) The child's actual custodian. 214. orphanages and similar institutions duly accredited by the proper government agency. 216 267 Art. the same order of preference shall be observed. The parents. 218 58 . unless unfit or disqualified. in a criminal case.267 The school.265 (2) The oldest brother or sister. judicial guardians or the persons exercising substitute parental authority over said minor shall be subsidiarily liable. 217 268 Art. over twenty-one years of age.No descendant shall be compelled. as provided in Art.268 Those given the authority and responsibility under the preceding Article shall be principally and solidarily liable for damages caused by the acts or omissions of the unemancipated minor. parental authority shall be entrusted in summary judicial proceedings to heads of children's homes. over twenty-one years of age. Authority and responsibility shall apply to all authorized activities whether inside or outside the premises of the school. its administrators and teachers.

industry and thrift. (3) To provide them with moral and spiritual guidance. and to provide for their upbringing in keeping with their means. advice and counsel.270 Parents and other persons exercising parental authority shall be civilly liable for the injuries and damages caused by the acts or omissions of their unemancipated 269 270 Art. integrity. inculcate in them honesty. All other cases not covered by this and the preceding articles shall be governed by the provisions of the Civil Code on quasi-delicts.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. and inspire in them compliance with the duties of citizenship. stimulate their interest in civic affairs. and (8) To perform such other duties as are imposed by law upon parents and guardians. with the respect to their unemancipated children on wards. recreation and association with others. companionship and understanding. (2) To give them love and affection. studies and morals. (4) To furnish them with good and wholesome educational materials. (7) To impose discipline on them as may be required under the circumstances. to support. 220 59 .269 The parents and those exercising parental authority shall have. the following rights and duties: (1) To keep them in their company. self-discipline. self-reliance. 219 Art. supervise their activities. (6) To demand from them respect and obedience. and prevent them from acquiring habits detrimental to their health. (5) To represent them in all matters affecting their interests. educate and instruct them by right precept and good example. protect them from bad company.

for an order providing for disciplinary measures over the child. entity or institution exercising parental authority. the parent concerned shall be required to furnish a bond in such amount as the court may determine.272 The parents or. the individual. 222 273 Art. The parent exercising parental authority shall not interfere with the care of the child whenever committed but shall provide for his support. either of his choice or appointed by the court. Upon proper petition or at its own instance. unless there is a judicial order to the contrary. the father's decision shall prevail.children living in their company and under their parental authority subject to the appropriate defenses provided by law. may petition the proper court of the place where the child resides.273 The measures referred to in the preceding article may include the commitment of the child for not more than thirty days in entities or institutions engaged in child care or in children's homes duly accredited by the proper government agency. but not less than ten per centum (10%) of the value of the property or annual income. 223 274 Art. In case of disagreement. the court may terminate the commitment of the child whenever just and proper.000. However. 221 Art. and a summary hearing shall be conducted wherein the petitioner and the child shall be heard.274 The father and the mother shall jointly exercise legal guardianship over the property of the unemancipated common child without the necessity of a court appointment. the court may also order the deprivation or suspension of parental authority or adopt such other measures as it may deem just and proper. in their absence or incapacity. The child shall be entitled to the assistance of counsel. Where the market value of the property or the annual income of the child exceeds P50.271 The courts may appoint a guardian of the child's property or a guardian ad litem when the best interests of the child so requires. 271 272 Art. 224 60 . if in the same proceeding the court finds the petitioner at fault. or when the circumstances so warrant. irrespective of the merits of the petition. to guarantee the performance of the obligations prescribed for general guardians.

The ordinary rules on guardianship shall be merely suppletory except when the child is under substitute parental authority.A verified petition for approval of the bond shall be filed in the proper court of the place where the child resides. The right of the parents over the fruits and income of the child's property shall be limited primarily to the child's support and secondarily to the collective daily needs of the family. (2) Upon the death of the child. 228 61 . in the proper court of the place where the property or any part thereof is situated. unless the title or transfer provides otherwise. or.275 The property of the unemancipated child earned or acquired with his work or industry or by onerous or gratuitous title shall belong to the child in ownership and shall be devoted exclusively to the latter's support and education. or (3) Upon emancipation of the child. unless the owner. The petition shall be docketed as a summary special proceeding in which all incidents and issues regarding the performance of the obligations referred to in the second paragraph of this Article shall be heard and resolved.276 If the parents entrust the management or administration of any of their properties to an unemancipated child. the net proceeds of such property shall belong to the owner. 225 Art. 226 277 Art. in which case the ordinary rules on guardianship shall apply. grants the entire proceeds to the child. or a parent has remarried. or the guardian is a stranger. if the child resides in a foreign country. In any case.277 Parental authority terminates permanently: (1) Upon the death of the parents. the proceeds thus give in whole or in part shall not be charged to the child's legitime. The child shall be given a reasonable monthly allowance in an amount not less than that which the owner would have paid if the administrator were a stranger.278 275 276 Art. 227 278 Art.

281 The court in an action filed for the purpose in a related case may also suspend parental authority if the parent or the person exercising the same: (1) Treats the child with excessive harshness or cruelty. counsel or example. 279 280 unless subsequently revived by a final judgment Art. (3) Compels the child to beg. (4) Upon final judgment of a competent court divesting the party concerned of parental authority. or (5) Upon judicial declaration of absence or incapacity of the person exercising parental authority. If the degree of seriousness so warrants. (3) Upon judicial declaration of abandonment of the child in a case filed for the purpose. 229 281 Art. (2) Gives the child corrupting orders. The authority is automatically reinstated upon service of the penalty or upon pardon or amnesty of the offender. or the welfare of the child so demands. The grounds enumerated above are deemed to include cases which have resulted from culpable negligence of the parent or the person exercising parental authority.Parental authority also terminates:279 (1) Upon adoption of the child. (2) Upon appointment of a general guardian. or (4) Subjects the child or allows him to be subjected to acts of lasciviousness. the court shall deprive the guilty party of parental authority or adopt such other measures as may be proper under the circumstances.280 Parental authority is suspended upon conviction of the parent or the person exercising the same of a crime which carries with it the penalty of civil interdiction. 230 62 .

282 If the person exercising parental authority has subjected the child or allowed him to be subjected to sexual abuse. Such emancipation shall be irrevocable. 234 and 236. 6809 which lowered the age of majority 286 Unless otherwise provided. 232 284 Art.A. majority commences at the age of twenty-one years. Emancipation285 Emancipation takes place by the attainment of majority.A. 287 Art. 6809 63 . 233 285 Arts. such person shall be permanently deprived by the court of such authority.284 Include: Child Abuse Law (R.288 282 283 Art. Family Code as amended by R.283 The person exercising substitute parental authority shall have the same authority over the person of the child as the parents.A.286 Emancipation also takes place: (1) By the marriage of the minor. 231 Art. 234. In no case shall the school administrator. as amended by R.287 Emancipation for any cause shall terminate parental authority over the person and property of the child who shall then be qualified and responsible for all acts of civil life.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. No. or (2) By the recording in the Civil Register of an agreement in a public instrument executed by the parent exercising parental authority and the minor at least eighteen years of age. 7610) XI. No. teacher of individual engaged in child care exercising special parental authority inflict corporal punishment upon the child.

embodying the transaction. the court shall notify the other spouse.291 Jurisdiction over the petition shall. 240 292 Art. 242 64 .293 A preliminary conference shall be conducted by the judge personally without the parties being assisted by counsel. if any. a verified petition may be filed in court alleging the foregoing facts. The petition shall attach the proposed deed. of said petition. and incidents involving parental authority. In any case. upon proof of notice to the other spouse. 241 293 Art. Summary Judicial Proceedings in Family Law Cases The procedural rules provided for shall apply as regards separation in fact between husband and wife. 239 291 Art. ordering said spouse to show cause why the petition should not be granted.290 Claims for damages by either spouse. on or before the date set in said notice for the initial conference. except costs of the proceedings. and. may be litigated only in a separate action. be exercised by the proper court authorized to hear family cases. whose consent to the transaction is required. abandonment by one of the other. 238 290 Art. 236 Art. the final deed duly executed by the parties shall be submitted to and approved by the court.292 Upon the filing of the petition. shall describe in detail the said transaction and state the reason why the required consent thereto cannot be secured. or in the regional trial court or its equivalent sitting in the place where either of the spouses resides.XII. if none. The notice shall be accompanied by a copy of the petition and shall be served at the last known address of the spouse concerned. if one exists. or one has abandoned the other and one of them seeks judicial authorization for a transaction where the consent of the other spouse is required by law but such consent is withheld or cannot be obtained.289 When a husband and wife are separated in fact. After the initial conference. if the court deems it 288 289 Art.

301 Such petitions shall be verified and filed in the proper court of the place where the child resides. 249 302 Art. and shall require such appearance. In any case. 225 and 235300 of this Code involving parental authority shall be verified. directing the parties to present said witnesses. 247 299 Art. If testimony is needed. 246 298 Art.296 If the petition is not resolved at the initial conference. the judge shall endeavor to protect the interests of the non-appearing spouse. if possible. 244 296 Art.297 The judgment of the court shall be immediately final and executory. 250 65 . 243. documentary evidence or oral testimonies at the sound discretion of the court. the court shall specify the witnesses to be heard and the subject-matter of their testimonies. said petition shall be decided in a summary hearing on the basis of affidavits. the attendance of the non-consenting spouse is not secured. the parties may be assisted by counsel at the succeeding conferences and hearings. despite all efforts.useful.295 If. the court may proceed ex parte and render judgment as the facts and circumstances may warrant. Art. the court shall inquire into the reasons for his failure to appear.302 294 295 Art. 245 297 Art.294 In case of non-appearance of the spouse whose consent is sought.298 The petition for judicial authority to administer or encumber specific separate property of the abandoning spouse and to use the fruits or proceeds thereof for the support of the family shall also be governed by these rules.299 Petitions filed under Articles 223. 248 300 supra 301 Art.

the oldest shall be preferred. supra 66 . after consulting the other members of the family. 307 311 Art. 306 310 Art.310 No human remains shall be retained. 256 307 See Reference 308 Art. Retroactivity of the Family Code Insofar as it does not prejudice or impair vested or acquired rights in accordance with the Civil Code or other laws.309 The funeral shall be in accordance with the expressed wishes of the deceased. 305 309 Art. 307 In case of descendants of the same degree. entities or institutions exercising parental authority over the child. under article 294. 308. interred. Art. his religious beliefs or affiliation shall determine the funeral rites. Funerals The duty and the right to make arrangements for the funeral of a relative shall be in accordance with the order established for support. the form of the funeral shall be decided upon by the person obliged to make arrangements for the same.306 XIV. in their absence or incapacity.305 XIII.Upon the filing of the petition. disposed of or exhumed without the consent of the persons mentioned in articles 294 and 305. 251 Separation in Fact 305 Art. In the absence of such expression. 252 306 Art. the individuals.308 Every funeral shall be in keeping with the social position of the deceased. In case of doubt.311 303 304 Art. the court shall notify the parents or. the paternal shall have a better right.303 The rules in Chapter 2304 hereof shall also govern summary proceedings under this Chapter insofar as they are applicable. 305. or of brothers and sisters. In case of ascendants.

318 Children conceived before the decree annulling a voidable marriage shall principally use the surname of the father.317 Illegitimate children referred to in article 287 shall bear the surname of the mother.319 A married woman may use: (1) Her maiden first name and surname and add her husband's surname. or (2) Her maiden first name and her husband's surname or 312 313 Art. and shall be chargeable to the conjugal partnership property. 365 316 Art.315 A natural child acknowledged by both parents shall principally use the surname of the father.314 An adopted child shall bear the surname of the adopter. 366 317 Art.312 The construction of a tombstone or mausoleum shall be deemed a part of the funeral expenses. 367 318 Art. 368 319 Art. Use of Surnames Legitimate and legitimated children shall principally use the surname of the father. 310 314 Art.Any person who shows disrespect to the dead.313 XV. material and moral. if the deceased is one of the spouses. 369 67 .316 Natural children by legal fiction shall principally employ the surname of the father. a natural child shall employ the surname of the recognizing parent. or wrongfully interferes with a funeral shall be liable to the family of the deceased for damages. 364 315 Art. If recognized by only one of the parents. 309 Art.

374 325 Art. Grandsons and other direct male descendants shall either: (1) Add a middle name or the mother's surname. and the wife is the guilty party.322 A widow may use the deceased husband's surname as though he were still living.325 No person can change his name or surname without judicial authority. in accordance with article 370. and so on. However. she shall resume her maiden name and surname. infra 327 Art. but prefixing a word indicating that she is his wife. III.326 Usurpation of a name and surname may be the subject of an action for damages and other relief.321 When legal separation has been granted. or (2) She or the former husband is married again to another person. 377 68 .323 In case of identity of names and surnames. amended by R. the younger person shall be obliged to use such additional name or surname as will avoid confusion. unless: (1) The court decrees otherwise. 376. 9048. she may resume her maiden name and surname. the word "Junior" can be used only by a son. 370 Art. 372 323 Art. If she is the innocent spouse. 375 326 Art.324 In case of identity of names and surnames between ascendants and descendants.(3) Her husband's full name.327 320 321 Art."320 In case of annulment of marriage. she may choose to continue employing her former husband's surname. such as "Mrs.A. or (2) Add the Roman numerals II. 373 324 Art. 371 322 Art. the wife shall continue using her name and surname employed before the legal separation.

the spouse present must institute a summary proceeding as provided in this Code for the declaration of presumptive death of the absentee. 379 330 Art.330 XVI. events and judicial decrees concerning the civil status of persons shall be recorded in the civil register. For the purpose of contracting the subsequent marriage. CC 332 Art. FC 333 Art. provided it is done in good faith and there is no injury to third persons. an absence of only two years shall be sufficient.329 Except as provided in the preceding article. as to which of them died first. it is presumed that they died at the same time and there shall be no transmission of rights from one to the other.328 The employment of pen names or stage names is permitted. 380 331 Art. no person shall use different names and surnames. in the absence of proof. unless before the celebration of the subsequent marriage. Pen names and stage names cannot be usurped.The unauthorized or unlawful use of another person's surname gives a right of action to the latter. the prior spouse had been absent for four consecutive years and the spouse present has a well-founded belief that the absent spouse was already dead.333 The following shall be entered in the civil register: 328 329 Art. 378 Art. whoever alleges the death of one prior to the other. shall prove the same.331 A marriage contracted by any person during subsistence of a previous marriage shall be null and void. as between two or more persons who are called to succeed each other. 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. 41. Absence If there is a doubt. without prejudice to the effect of reappearance of the absent spouse. 43. Civil Registrar Acts. 407 69 .332 XVII.

(13) civil interdiction. to any person suffering damage thereby. the civil registrar may exempt himself from such liability if he proves that he has taken every reasonable precaution to prevent the unlawful alteration. it shall be the duty of the clerk of the court which issued the decree to ascertain whether the same has been registered. 409 336 Art. 408 Art. without a judicial order. 412 70 . (11) loss. and (16) changes of name. (6) judgments declaring marriages void from the beginning. (4) legal separations. to send a copy of said decree to the civil registry of the city or municipality where the court is functioning. 410 337 Art. (10) naturalization. (14) judicial determination of filiation. naturalization and other judicial orders mentioned in the preceding article. (3) deaths. (7) legitimations.335 The books making up the civil register and all documents relating thereto shall be considered public documents and shall be prima facie evidence of the facts therein contained. However. (5) annulments of marriage. (8) adoptions. or (12) recovery of citizenship.337 No entry in a civil register shall be changed or corrected. adoption. (15) voluntary emancipation of a minor.(1) Births. 411 338 Art.336 Every civil registrar shall be civilly responsible for any unauthorized alteration made in any civil register. and if this has not been done.334 In cases of legal separation.338 334 335 Art. (9) acknowledgments of natural children. (2) marriages.

All other matters pertaining to the registration of civil status shall be governed by special laws. 342 Art. 413 that is. c. Susceptibility of appropriation 3. 416 to 417 344 Pars. Movable – excluded from the enumeration of immovable and can be moved from place to place without damage thereto. Mixed/semi-movable . 415 343 Art. b. hence. Characteristics 1. it can exist by itself. buildings. Immovable . the human hair becomes property only when it is detached from the hair 341 Tests: a.344 transported from place to place without impairment of the real property to which 1. constructions (adhered to the soil). Lands. and not merely as a part of the whole. Utility for the satisfaction of moral and economic wants 2. Individuality or substantivity340 II. 1 & 8 345 The materials constituting a building which is the subject of demolition are movable.cannot be transferred from place to place.those which move by themselves (both immovable and movable in nature). roads and they are fixed. Classification341 Immovables or real342 Movables343 a) By nature – those which cannot be General Rule: All things which can be carried from place to place. 71 .345 339 340 Art.339 PROPERTY I.

Fertilizers actually used on a piece of land.2. not adhered.346 b. Trees.g. by the owner of the immovable in such a manner that it reveals the intention to attach them permanently to the tenements.347 3. and waters either running or the enumeration of immovables. Shares of stocks or interests in way that it cannot be separated juridical entities. Exclusions: those movables susceptible of while the matter thereof forms part of the appropriation which are not included in bed. 346 72 . 1. Everything attached to an immovable in a fixed manner in such a d. plants and growing fruits while they are attached to the land or c. Pars. reliefs painting or other objects for use or ornamentation. stagnant. to the soil may be considered movable. 3 & 7 347 Rex vinta 348 Indirect utility 351 corporeal or intangible 352 These are really personal rights because they have a definite passive subject (e. c) By destination – essentially movables but are placed in an immovable as an added utility. quarries and slag dumps. placed in a building or on lands. 2. Special: real property which by any b) By incorporation – essentially movables special provisions of law is considered as but are attached to an immovable in a personalty. a. Obligations and actions which have form an integral part of an immovable. therefrom without breaking the material or deterioration of the object. fixed manner to be an integral part thereof. Statutes. Mines.352 2.348 A structure which is merely superimposed. for their object movables351 or demandable sums. intellectual property). In parts: forces of nature which are brought under control by science. 1.

Contracts for public works.2. 3.353 The owner has the right to enjoy and dispose of a thing. Docks and structures which. Ownership Ownership may be exercised over things or rights. 428 73 . 4. 2.354 349 350 Direct utility Par. and the animals in these places. without other limitations than those established by law. d) By analogy .classified by express provision of law because it is regarded as united to the immovable property. III. though floating. in case the owner has placed or preserved them with the intention to attach them permanently to the land. and which tend directly to meet the needs of such industry or works.349 3. 10 353 Art. Machinery. instruments or implements intended by the owner of the tenement for an industry or works which may be carried on in a building or land. 427 354 Art. lake or coast. Real rights over immovable property. Servitudes.350 1. are intended by their nature and object to remain at a fixed place on a river. Animal houses or breeding places.

the courts shall protect and.358 Actual possession under claim of ownership raises disputable presumption of ownership. 429 Art. 433 360 Art. 435 74 . compared to the damage arising to the owner from the interference. is much greater. live or dead hedges. the property must be identified. if the interference is necessary to avert an imminent danger and the threatened damage. Should this requirement be not first complied with.356 The owner of a thing cannot make use thereof in such manner as to injure the rights of a third person. 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. 434 361 Art.361 355 356 Art.357 The owner of a thing has no right to prohibit the interference of another with the same. The true owner must resort to judicial process for the recovery of the property. or by any other means without detriment to servitudes constituted thereon.360 No person shall be deprived of his property except by competent authority and for public use and always upon payment of just compensation. The owner may demand from the person benefited indemnity for the damage to him.The owner has also a right of action against the holder and possessor of the thing in order to recover it. ditches. The owner or lawful possessor of a thing has the right to exclude any person from the enjoyment and disposal thereof. and the plaintiff must rely on the strength of his title and not on the weakness of the defendant's claim. 431 358 Art. in a proper case. 432 359 Art.355 Every owner may enclose or fence his land or tenements by means of walls. restore the owner in his possession.359 In an action to recover. For this purpose. 430 357 Art.

unless he can show that such condemnation or seizure is unjustified.363 Hidden treasure belongs to the owner of the land. and he can construct thereon any works or make any plantations and excavations which he may deem proper. By treasure is understood.362 The owner of a parcel of land is the owner of its surface and of everything under it. (2) The industrial fruits. when the discovery is made on the property of another. and by chance. jewelry. he shall not be entitled to any share of the treasure. 436 Art. which shall be divided in conformity with the rule stated. 440 367 Art. the lawful ownership of which does not appear. He cannot complain of the reasonable requirements of aerial navigation. or which is incorporated or attached thereto.When any property is condemned or seized by competent authority in the interest of health. 438 365 Art. one-half thereof shall be allowed to the finder. or other property on which it is found. the State may acquire them at their just price. any hidden and unknown deposit of money. or of the State or any of its subdivisions. If the finder is a trespasser.364 Nevertheless. If the things found be of interest to science of the arts. or other precious objects. either naturally or artificially. 439 366 Art. 441 75 . the owner thereof shall not be entitled to compensation. (3) The civil fruits.365 IV. without detriment to servitudes and subject to special laws and ordinances. for legal purposes. safety or security.367 362 363 Art.366 To the owner belongs: (1) The natural fruits. Accession The ownership of property gives the right by accession to everything which is produced thereby. 437 364 Art. building.

370 Whatever is built.373 The owner of the land on which anything has been built. constructions or works being destroyed. 447.371 All works. sown or planted in good faith. the owner of the materials may remove them in any event. it is sufficient that they are in the womb of the mother. personally or through another. 443 370 Art. shall have the right to appropriate as his own the works. sowing or 368 369 Art. and planting are presumed made by the owner and at his expense.372 The owner of the land who makes thereon.Natural fruits are the spontaneous products of the soil. 446 373 Art. shall pay their value. with a right to be indemnified for damages. 445 372 Art. With respect to animals. gathering. 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. he shall also be obliged to the reparation of damages. unless the contrary is proved. if he acted in bad faith. 76 . or without the plantings. and the young and other products of animals. plantings. Civil fruits are the rents of buildings. constructions or works with the materials of another.369 Only such as are manifest or born are considered as natural or industrial fruits. and preservation. the price of leases of lands and other property and the amount of perpetual or life annuities or other similar income. 442 Art.368 He who receives the fruits has the obligation to pay the expenses made by a third person in their production. if the landowner acted in bad faith. belong to the owner of the land. although unborn. Industrial fruits are those produced by lands of any kind through cultivation or labor. sowing. However. subject to the provisions of the following articles. 444 371 Art. planted or sown on the land of another and the improvements or repairs made thereon. and.

planting, after payment of the indemnity provided for in Articles 546 and 548, or to oblige the one who built or planted to pay the price of the land, and the one who sowed, the proper rent. However, the builder or planter cannot be obliged to buy the land if its value is considerably more than that of the building or trees. In such case, he shall pay reasonable rent, if the owner of the land does not choose to appropriate the building or trees after proper indemnity. The parties shall agree upon the terms of the lease and in case of disagreement, the court shall fix the terms thereof.374 He who builds, plants or sows in bad faith on the land of another, loses what is built, planted or sown without right to indemnity.375 The owner of the land on which anything has been built, planted or sown in bad faith may demand the demolition of the work, or that the planting or sowing be removed, in order to replace things in their former condition at the expense of the person who built, planted or sowed; or he may compel the builder or planter to pay the price of the land, and the sower the proper rent.376 In the cases of the two preceding articles, the landowner is entitled to damages from the builder, planter or sower.377 The builder, planter or sower in bad faith is entitled to reimbursement for the necessary expenses of preservation of the land.378 If there was bad faith, not only on the part of the person who built, planted or sowed on the land of another, but also on the part of the owner of such land, the rights of one and the other shall be the same as though both had acted in good faith. 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.379 When the landowner acted in bad faith and the builder, planter or sower proceeded in good faith, the provisions of article 447 shall apply.380
374 375

Art. 448 Art. 449 376 Art. 450 377 Art. 451 378 Art. 452. 379 Art. 453 380 Art. 454

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If the materials, plants or seeds belong to a third person who has not acted in bad faith, 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.381 This provision shall not apply if the owner makes use of the right granted by article 450. If the owner of the materials, plants or seeds has been paid by the builder, planter or sower, the latter may demand from the landowner the value of the materials and labor. In the cases regulated in the preceding articles, good faith does not necessarily exclude negligence, which gives right to damages under article 2176.382 To the owners of lands adjoining the banks of rivers belong the accretion which they gradually receive from the effects of the current of the waters.383 The owners of estates adjoining ponds or lagoons do not acquire the land left dry by the natural decrease of the waters, or lose that inundated by them in extraordinary floods.384 Whenever the current of a river, creek or torrent segregates from an estate on its bank a known portion of land and transfers it to another estate, the owner of the land to which the segregated portion belonged retains the ownership of it, provided that he removes the same within two years.385 Trees uprooted and carried away by the current of the waters belong to the owner of the land upon which they may be cast, if the owners do not claim them within six months. If such owners claim them, they shall pay the expenses incurred in gathering them or putting them in a safe place.386 River beds which are abandoned through the natural change in the course of the waters ipso facto belong to the owners whose lands are occupied by the new course in proportion to the area lost. However, the owners of the lands adjoining the

381 382

Art. 455 Art. 456 383 Art. 457 384 Art. 458 385 Art. 459 386 Art. 460

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old bed shall have the right to acquire the same by paying the value thereof, which value shall not exceed the value of the area occupied by the new bed.387 Whenever a river, changing its course by natural causes, opens a new bed through a private estate, this bed shall become of public dominion.388 Whenever the current of a river divides itself into branches, leaving a piece of land or part thereof isolated, the owner of the land retains his ownership. He also retains it if a portion of land is separated from the estate by the current.389 Islands which may be formed on the seas within the jurisdiction of the Philippines, on lakes, and on navigable or floatable rivers belong to the State.390 Islands which through successive accumulation of alluvial deposits are formed in non-navigable and non-floatable rivers, belong to the owners of the margins or banks nearest to each of them, or to the owners of both margins if the island is in the middle of the river, in which case it shall be divided longitudinally in halves. If a single island thus formed be more distant from one margin than from the other, the owner of the nearer margin shall be the sole owner thereof.391 Whenever two movable things belonging to different owners are, without bad faith, united in such a way that they form a single object, the owner of the principal thing acquires the accessory, indemnifying the former owner thereof for its value.392 The principal thing, as between two things incorporated, is deemed to be that to which the other has been united as an ornament, or for its use or perfection.393 If it cannot be determined by the rule given in the preceding article which of the two things incorporated is the principal one, the thing of the greater value shall be so considered, and as between two things of equal value, that of the greater volume. In painting and sculpture, writings, printed matter, engraving and lithographs, the board, metal, stone, canvas, paper or parchment shall be deemed the accessory thing.394
387 388

Art. 461 Art. 462 389 Art. 463 390 Art. 464 391 Art. 465 392 Art. 466 393 Art. 467 394 Art. 468

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Whenever the things united can be separated without injury, their respective owners may demand their separation. Nevertheless, in case the thing united for the use, embellishment or perfection of the other, is much more precious than the principal thing, the owner of the former may demand its separation, even though the thing to which it has been incorporated may suffer some injury.395 Whenever the owner of the accessory thing has made the incorporation in bad faith, he shall lose the thing incorporated and shall have the obligation to indemnify the owner of the principal thing for the damages he may have suffered. If the one who has acted in bad faith is the owner of the principal thing, the owner of the accessory thing shall have a right to choose between the former paying him its value or that the thing belonging to him be separated, even though for this purpose it be necessary to destroy the principal thing; and in both cases, furthermore, there shall be indemnity for damages. If either one of the owners has made the incorporation with the knowledge and without the objection of the other, their respective rights shall be determined as though both acted in good faith.396 Whenever the owner of the material employed without his consent has a right to an indemnity, he may demand that this consist in the delivery of a thing equal in kind and value, and in all other respects, to that employed, or else in the price thereof, according to expert appraisal.397 If by the will of their owners two things of the same or different kinds are mixed, or if the mixture occurs by chance, and in the latter case the things are not separable without injury, each owner shall acquire a right proportional to the part belonging to him, bearing in mind the value of the things mixed or confused.398 If by the will of only one owner, but in good faith, two things of the same or different kinds are mixed or confused, the rights of the owners shall be determined by the provisions of the preceding article.

395 396

Art. 469 Art. 470 397 Art. 471 398 Art. 472

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If the one who caused the mixture or confusion acted in bad faith, he shall lose the thing belonging to him thus mixed or confused, besides being obliged to pay indemnity for the damages caused to the owner of the other thing with which his own was mixed.399 One who in good faith employs the material of another in whole or in part in order to make a thing of a different kind, shall appropriate the thing thus transformed as his own, indemnifying the owner of the material for its value. If the material is more precious than the transformed thing or is of more value, its owner may, at his option, appropriate the new thing to himself, after first paying indemnity for the value of the work, or demand indemnity for the material. If in the making of the thing bad faith intervened, the owner of the material shall have the right to appropriate the work to himself without paying anything to the maker, or to demand of the latter that he indemnify him for the value of the material and the damages he may have suffered. However, the owner of the material cannot appropriate the work in case the value of the latter, for artistic or scientific reasons, is considerably more than that of the material.400 In the preceding articles, sentimental value shall be duly appreciated.401 V. Quieting of Title to or Interest in and Removal or Prevention of Cloud over Title to or Interest in Real Property Whenever there is a cloud on title to real property or any interest therein, by reason of any instrument, record, claim, encumbrance or proceeding which is apparently valid or effective but is in truth and in fact invalid, ineffective, voidable, or unenforceable, and may be prejudicial to said title, an action may be brought to remove such cloud or to quiet the title. An action may also be brought to prevent a cloud from being cast upon title to real property or any interest therein.402 The plaintiff must have legal or equitable title to, or interest in the real property which is the subject matter of the action. He need not be in possession of said property.403
399 400

Art. 473. Art. 474 401 Art. 475 402 Art. 476

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There may also be an action to quiet title or remove a cloud therefrom when the contract, instrument or other obligation has been extinguished or has terminated, or has been barred by extinctive prescription.404 The plaintiff must return to the defendant all benefits he may have received from the latter, or reimburse him for expenses that may have redounded to the plaintiff's benefit.405 VI. Co-ownership

There is co-ownership whenever the ownership of an undivided thing or right belongs to different persons. In default of contracts, or of special provisions, co-ownership shall be governed by the provisions of this Title.406 The share of the co-owners, in the benefits as well as in the charges, shall be proportional to their respective interests. Any stipulation in a contract to the contrary shall be void. The portions belonging to the co-owners in the co-ownership shall be presumed equal, unless the contrary is proved.407 Each co-owner may use the thing owned in common, provided he does so in accordance with the purpose for which it is intended and in such a way as not to injure the interest of the co-ownership or prevent the other co-owners from using it according to their rights. The purpose of the co-ownership may be changed by agreement, express or implied.408 Any one of the co-owners may bring an action in ejectment.409 Each co-owner shall have a right to compel the other co-owners to contribute to the expenses of preservation of the thing or right owned in common and to the taxes. Any one of the latter may exempt himself from this obligation by renouncing so
403 404

Art. 477 Art. 478 405 Art. 479 406 Art. 484 407 Art. 485 408 Art. 486 409 Art. 487

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much of his undivided interest as may be equivalent to his share of the expenses and taxes. No such waiver shall be made if it is prejudicial to the co-ownership.410 Repairs for preservation may be made at the will of one of the co-owners, but he must, if practicable, first notify his co-owners of the necessity for such repairs. Expenses to improve or embellish the thing shall be decided upon by a majority as determined in Article 492.411 Whenever the different stories of a house belong to different owners, if the titles of ownership do not specify the terms under which they should contribute to the necessary expenses and there exists no agreement on the subject, the following rules shall be observed: (1) The main and party walls, the roof and the other things used in common, shall be preserved at the expense of all the owners in proportion to the value of the story belonging to each; (2) Each owner shall bear the cost of maintaining the floor of his story; the floor of the entrance, front door, common yard and sanitary works common to all, shall be maintained at the expense of all the owners pro rata; (3) The stairs from the entrance to the first story shall be maintained at the expense of all the owners pro rata, with the exception of the owner of the ground floor; the stairs from the first to the second story shall be preserved at the expense of all, except the owner of the ground floor and the owner of the first story; and so on successively.412 None of the co-owners shall, without the consent of the others, make alterations in the thing owned in common, even though benefits for all would result therefrom. However, if the withholding of the consent by one or more of the co-owners is clearly prejudicial to the common interest, the courts may afford adequate relief.413 For the administration and better enjoyment of the thing owned in common, the resolutions of the majority of the co-owners shall be binding.

410 411

Art. 488 Art. 489 412 Art. 490 413 Art. 491

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416 414 415 Art. 494 84 .415 No co-owner shall be obliged to remain in the co-ownership. and the remainder is owned in common. This term may be extended by a new agreement. an agreement to keep the thing undivided for a certain period of time. assign or mortgage it. and even substitute another person in its enjoyment. except when personal rights are involved. Neither shall there be any partition when it is prohibited by law.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. 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. shall be valid. not exceeding ten years. Should there be no majority. and he may therefore alienate. insofar as his share is concerned. Each co-owner may demand at any time the partition of the thing owned in common. at the instance of an interested party. Nevertheless. But the effect of the alienation or the mortgage. the preceding provision shall apply only to the part owned in common. with respect to the coowners. Whenever a part of the thing belongs exclusively to one of the co-owners. 493 416 Art. including the appointment of an administrator.414 Each co-owner shall have the full ownership of his part and of the fruits and benefits pertaining thereto. 492 Art. A donor or testator may prohibit partition for a period which shall not exceed twenty years. or should the resolution of the majority be seriously prejudicial to those interested in the property owned in common. shall be limited to the portion which may be allotted to him in the division upon the termination of the co-ownership. the court. shall order such measures as it may deem proper.

But the co-ownership may be terminated in accordance with Article 498. the co-owners cannot demand a physical division of the thing owned in common. 496 419 Art. Possession Possession is the holding of a thing or the enjoyment of a right. 498 421 Art. Partition shall be governed by the Rules of Court insofar as they are consistent with this Code. it shall be sold and its proceeds distributed.421 Upon partition. servitude or any other real rights belonging to them before the division was made. Likewise. 497 420 Art. who shall retain the rights of mortgage.418 The creditors or assignees of the co-owners may take part in the division of the thing owned in common and object to its being effected without their concurrence.422 Every co-owner shall. 500 423 Art. after partition.Notwithstanding the provisions of the preceding article.423 the VII.424 417 418 Art. Personal rights pertaining to third persons against the co-ownership shall also remain in force.417 Partition may be made by agreement between the parties or by judicial proceedings. But they cannot impugn any partition already executed. 495 Art. each co-owner shall pay for damages caused by reason of his negligence or fraud. there shall be a mutual accounting for benefits received and reimbursements for expenses made. unless there has been fraud.420 The partition of a thing owned in common shall not prejudice third persons. when to do so would render it unserviceable for the use for which it is intended. or in case it was made notwithstanding a formal opposition presented to prevent it.419 Whenever the thing is essentially indivisible and the co-owners cannot agree that it be allotted to one of them who shall indemnify the others. 499 422 Art. without prejudice to the right of the debtor or assignor to maintain its validity. notwithstanding the partition. 501 85 . be liable for defects of title and quality of portion assigned to each of the other co-owners.

528 430 Art. 530 432 Art. 526 428 Art. 523 Art. or by the fact that it is subject to the action of our will. or in that of the holder of the thing or right to keep or enjoy it. the ownership pertaining to another person. 529 431 Art. 525 427 Art.430 Only things and rights which are susceptible of being appropriated may be the object of possession. 531 86 . until the contrary is proved. 524 426 Art. 527 429 Art.426 He is deemed a possessor in good faith who is not aware that there exists in his title or mode of acquisition any flaw which invalidates it.425 The possession of things or rights may be had in one of two concepts: either in the concept of owner.432 424 425 Art.Possession may be exercised in one's own name or in that of another.427 Good faith is always presumed. and upon him who alleges bad faith on the part of a possessor rests the burden of proof. He is deemed a possessor in bad faith who possesses in any case contrary to the foregoing. or by the proper acts and legal formalities established for acquiring such right.428 Possession acquired in good faith does not lose this character except in the case and from the moment facts exist which show that the possessor is not unaware that he possesses the thing improperly or wrongfully.431 Possession is acquired by the material occupation of a thing or the exercise of a right.429 It is presumed that possession continues to be enjoyed in the same character in which it was acquired. Mistake upon a doubtful or difficult question of law may be the basis of good faith.

Should a question arise regarding the fact of possession. 533 435 Art. 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.438 Possession as a fact cannot be recognized at the same time in two different personalities except in the cases of co-possession. the possession shall not be considered as acquired until the person in whose name the act of possession was executed has ratified the same. 537 87 . if the holder should refuse to deliver the thing. do not affect possession. the one longer in possession.434 On who succeeds by hereditary title shall not suffer the consequences of the wrongful possession of the decedent. but they need the assistance of their legal representatives in order to exercise the rights which from the possession arise in their favor. by his legal representative.437 Acts merely tolerated. 534 436 Art. if the dates of the possession are the same. in case the inheritance is accepted. by his agent. and those executed clandestinely and without the knowledge of the possessor of a thing. 532 Art. He who believes that he has an action or a right to deprive another of the holding of a thing. if it is not shown that he was aware of the flaws affecting it. the present possessor shall be preferred. 535 437 Art.433 The possession of hereditary property is deemed transmitted to the heir without interruption and from the moment of the death of the decedent. 536 438 Art. if there are two possessors. or by any person without any power whatever: but in the last case. One who validly renounces an inheritance is deemed never to have possessed the same.436 In no case may possession be acquired through force or intimidation as long as there is a possessor who objects thereto. without prejudice to the juridical consequences of negotiorum gestio in a proper case.435 Minors and incapacitated persons may acquire the possession of things. 433 434 Art. or by violence.Possession may be acquired by the same person who is to enjoy it.

so long as it is not shown or proved that they should be excluded. A possessor deprived of his possession through forcible entry may within ten days from the filing of the complaint present a motion to secure from the competent court.444 A possessor in good faith is entitled to the fruits received before the possession is legally interrupted. for the entire period during which the co-possession lasted. and if all these conditions are equal.440 Only the possession acquired and enjoyed in the concept of owner can serve as a title for acquiring dominion.441 A possessor in the concept of owner has in his favor the legal presumption that he possesses with a just title and he cannot be obliged to show or prove it. 539 441 Art. and should he be disturbed therein he shall be protected in or restored to said possession by the means established by the laws and the Rules of Court. 538 Art. 542 444 Art.the one who presents a title. in case of civil interruption. the Rules of Court shall apply.439 Every possessor has a right to be respected in his possession. 541 443 Art. However.442 The possession of real property presumes that of the movables therein. the thing shall be placed in judicial deposit pending determination of its possession or ownership through proper proceedings. 439 440 Art. Natural and industrial fruits are considered received from the time they are gathered or severed. 540 442 Art. Interruption in the possession of the whole or a part of a thing possessed in common shall be to the prejudice of all the possessors. in the action for forcible entry. 543 88 . The court shall decide the motion within thirty (30) days from the filing thereof.443 Each one of the participants of a thing possessed in common shall be deemed to have exclusively possessed the part which may be allotted to him upon the division thereof. a writ of preliminary mandatory injunction to restore him in his possession.

the possessor shall have a right to a part of the expenses of cultivation. give the possessor in good faith the right to finish the cultivation and gathering of the growing fruits. Useful expenses shall be refunded only to the possessor in good faith with the same right of retention. and if his successor in the possession does not prefer to refund the amount expended.446 Necessary expenses shall be refunded to every possessor. 546 448 Art. but he may remove the ornaments with which he has embellished the principal thing if it suffers no injury thereby. 545 447 Art. but only the possessor in good faith may retain the thing until he has been reimbursed therefor. The owner of the thing may.448 Expenses for pure luxury or mere pleasure shall not be refunded to the possessor in good faith. The expenses incurred in improvements for pure luxury or mere pleasure shall not be refunded to 445 446 Art. as an indemnity for his part of the expenses of cultivation and the net proceeds. the possessor in good faith who for any reason whatever should refuse to accept this concession. shall lose the right to be indemnified in any other manner. The charges shall be divided on the same basis by the two possessors. should he so desire. and to a part of the net harvest. unless the person who recovers the possession exercises the option under paragraph 2 of the preceding article. 548 89 . and shall have a right only to the expenses mentioned in paragraph 1 of Article 546 and in Article 443.445 If at the time the good faith ceases. 547 449 Art. the possessor in good faith may remove them. 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. there should be any natural or industrial fruits. 544 Art.Civil fruits are deemed to accrue daily and belong to the possessor in good faith in that proportion.449 The possessor in bad faith shall reimburse the fruits received and those which the legitimate possessor could have received. both in proportion to the time of the possession.447 If the useful improvements can be removed without damage to the principal thing.

552 454 Art. subject to the provisions of Article 537. after the judicial summons. (2) By an assignment made to another either by onerous or gratuitous title. provided that the thing suffers no injury thereby.456 450 451 Art. 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. A possessor in bad faith shall be liable for deterioration or loss in every case. in the absence of proof to the contrary. (3) By the destruction or total loss of the thing. but he may remove the objects for which such expenses have been incurred.455 A possessor may lose his possession: (1) By the abandonment of the thing. (4) By the possession of another.the possessor in bad faith. 551 453 Art. 553 455 Art.452 A possessor in good faith shall not be liable for the deterioration or loss of the thing possessed. even if caused by a fortuitous event. 550 452 Art. or because it goes out of commerce. if the new possession has lasted longer than one year.454 A present possessor who shows his possession at some previous time.453 One who recovers possession shall not be obliged to pay for improvements which have ceased to exist at the time he takes possession of the thing.451 Improvements caused by nature or time shall always insure to the benefit of the person who has succeeded in recovering possession. except in cases in which it is proved that he has acted with fraudulent intent or negligence. But the real right of possession is not lost till after the lapse of ten years. is presumed to have held possession also during the intermediate period.450 The costs of litigation over the property shall be borne by every possessor. 549 Art. 554 90 .

560 462 Art. according to law. do not bind or prejudice the owner. 557 459 Art.457 The possession of immovables and of real rights is not deemed lost. to have enjoyed it without interruption. 556 458 Art.The possession of movables is not deemed lost so long as they remain under the control of the possessor. even though for the time being he may not know their whereabouts. 558 460 Art.461 One who recovers. or ratifies them subsequently. shall be deemed for all purposes which may redound to his benefit. or transferred for purposes of prescription to the prejudice of third persons. has acquired it in good faith at a public sale. in any character. possession unjustly lost. the owner cannot obtain its return without reimbursing the price paid therefor.460 Wild animals are possessed only while they are under one's control. Usufruct 456 457 Art. executed or agreed to by one who possesses a thing belonging to another as a mere holder to enjoy or keep it.458 Acts relating to possession. one who has lost any movable or has been unlawfully deprived thereof may recover it from the person in possession of the same. except in accordance with the provisions of the Mortgage Law and the Land Registration laws.462 VIII. domesticated or tamed animals are considered domestic or tame if they retain the habit of returning to the premises of the possessor. Nevertheless. 561 91 .459 The possession of movable property acquired in good faith is equivalent to a title. 559 461 Art. 555 Art. If the possessor of a movable lost or which the owner has been unlawfully deprived. unless he gave said holder express authority to do such acts.

or in case it is deficient. Those growing at the time the usufruct terminates. purely or conditionally.463 Usufruct is constituted by law. and the usufruct should expire before the termination of the lease. for seed. unless the title constituting it or the law otherwise provides. simultaneously or successively. The provisions of this article shall not prejudice the rights of third persons.467 Natural or industrial fruits growing at the time the usufruct begins. in favor of one more persons. With respect to hidden treasure which may be found on the land or tenement.Usufruct gives a right to enjoy the property of another with the obligation of preserving its form and substance. from the proceeds of the growing fruits.466 The usufructuary shall be entitled to all the natural. has no obligation to refund to the owner any expenses incurred. at the beginning of the usufruct.465 The rights and obligations of the usufructuary shall be those provided in the title constituting the usufruct. he shall be considered a stranger. In the preceding cases. 566 468 Art. and in every case from or to a certain day. in default of such title. by the will of private persons expressed in acts inter vivos or in a last will and testament. provided it is not strictly personal or intransmissible. It may also be constituted on a right. 563 465 Art. belong to the usufructuary. 562 Art.468 If the usufructuary has leased the lands or tenements given in usufruct. the usufructuary. acquired either at the beginning or at the termination of the usufruct. belong to the owner. 565 467 Art. but the owner shall be obliged to reimburse at the termination of the usufruct. and other similar expenses incurred by the usufructuary. the ordinary expenses of cultivation. 564 466 Art. industrial and civil fruits of the property in usufruct. 567 92 . he or his heirs and 463 464 Art.464 Usufruct may be constituted on the whole or a part of the fruits of the thing. and by prescription. the provisions contained in the two following Chapters shall be observed.

the date of the distribution of which is not fixed. each payment due shall be considered as the proceeds or fruits of such right. and shall not be obliged to return them at the termination of the usufruct except in their condition at that time. In either case they shall be distributed as civil fruits. and shall be applied in the manner prescribed in the preceding article.473 Whenever the usufruct includes things which. 568 Art. the usufructuary shall have the right to make use thereof in accordance with the purpose for which they are intended. all the benefits inherent therein. which shall be considered as subsisting during the agricultural year.successors shall receive only the proportionate share of the rent that must be paid by the lessee. but he shall be obliged to indemnify the owner for any deterioration they may have suffered by reason of his fraud or negligence.472 The usufructuary may personally enjoy the thing in usufruct. or in the interest on bonds or securities payable to bearer. without being consumed. saving leases of rural lands. 570 472 Art. 569 471 Art. such benefits shall have the same character. but all the contracts he may enter into as such usufructuary shall terminate upon the expiration of the usufruct. lease it to another. or alienate his right of usufruct.474 469 470 Art. gradually deteriorate through wear and tear. and. 571 473 Art. 573 93 . whether in money or in fruits. 572 474 Art. and belong to the usufructuary in proportion to the time the usufruct may last. Whenever it consists in the enjoyment of benefits accruing from a participation in any industrial or commercial enterprise. the servitudes established in its favor.469 Civil fruits are deemed to accrue daily. in general.470 Whenever a usufruct is constituted on the right to receive a rent or periodical pension.471 The usufructuary shall have the right to enjoy any increase which the thing in usufruct may acquire through accession. even by a gratuitous title.

577 94 . 575 477 Art. or pay their current price at the time the usufruct ceases. and even of those cut off or uprooted by accident. he shall have the right to return at the same quantity and quality. under the obligation to replace them with new plants. 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. In case they were not appraised. amount and season. as to the manner.475 The usufructuary of fruit-bearing trees and shrubs may make use of the dead trunks. 576 478 Art.476 If in consequence of a calamity or extraordinary event. If the woodland is a copse or consists of timber for building.478 475 476 Art.Whenever the usufruct includes things which cannot be used without being consumed. In nurseries. and in default of this. 574 Art. he may do so in accordance with the custom of the place. the trees or shrubs shall have disappeared in such considerable number that it would not be possible or it would be too burdensome to replace them.477 The usufructuary of woodland may enjoy all the benefits which it may produce according to its nature. and demand that the latter remove them and clear the land. the usufructuary may leave the dead. With the exception of the provisions of the preceding paragraphs. the usufructuary may do such ordinary cutting or felling as the owner was in the habit of doing. if they were appraised when delivered. fallen or uprooted trunks at the disposal of the owner. the usufructuary may make the necessary thinnings in order that the remaining trees may properly grow. the usufructuary cannot cut down trees unless it be to restore or improve some of the things in usufruct. In any case the felling or cutting of trees shall be made in such manner as not to prejudice the preservation of the land. and in such case shall first inform the owner of the necessity for the work.

583 95 . before entering upon the enjoyment of the property. 582 484 Art. (2) To give security. or do anything thereon which may be prejudicial to the usufructuary. should it be possible to do so without damage to the property. Should the co-ownership cease by reason of the division of the thing held in common. has the right to bring the action and to oblige the owner thereof to give him the authority for this purpose and to furnish him whatever proof he may have. which shall contain an appraisal of the movables and a description of the condition of the immovables. remove such improvements. 481 The owner of property the usufruct of which is held by another.482 The usufructuary of a part of a thing held in common shall exercise all the rights pertaining to the owner thereof with respect to the administration and the collection of fruits or interest. If in consequence of the enforcement of the action he acquires the thing claimed. but he shall have no right to be indemnified therefor. provided he does not alter its form or substance. the usufruct shall be limited to the fruits. 579 481 Art. 581 483 Art. an inventory of all the property.480 The usufructuary may set off the improvements he may have made on the property against any damage to the same. but he cannot alter its form or substance. the dominion remaining with the owner. is obliged: (1) To make. 580 482 Art. the usufruct of the part allotted to the co-owner shall belong to the usufructuary.483 The usufructuary. binding himself to fulfill the obligations imposed upon him in accordance with this Chapter.The usufructuary of an action to recover real property or a real right.479 The usufructuary may make on the property held in usufruct such useful improvements or expenses for mere pleasure as he may deem proper. 578 Art. He may. may alienate it.484 479 480 Art. or any movable property. after notice to the owner or his legitimate representative. however.

that the public bonds. except when the parents contract a second marriage. and that the capital or sums in cash and the proceeds of the sale of the movable property be invested in safe securities.486 Should the usufructuary fail to give security in the cases in which he is bound to give it. subject to the obligation to deliver to the usufructuary the net proceeds thereof. he may demand their delivery to him 485 486 Art. that the movables be sold. 2 of the preceding article shall not apply to the donor who has reserved the usufruct of the property donated. retain in his possession the property in usufruct as administrator. Furthermore. may be excused from the obligation of making an inventory or of giving security. whatever may be the title of the usufruct. shall belong to the usufructuary. the owner may. and the proceeds of the property placed under administration. by virtue of a promise under oath. and that he and his family be allowed to live in a house included in the usufruct. 585 487 Art. the owner may demand that the immovables be placed under administration.487 If the usufructuary who has not given security claims. until the usufructuary gives security or is excused from so doing. The same rule shall be observed with respect to implements. the delivery of the furniture necessary for his use. The interest on the proceeds of the sale of the movables and that on public securities and bonds.The provisions of No. 584 Art. tools and other movable property necessary for an industry or vocation in which he is engaged. If the owner does not wish that certain articles be sold because of their artistic worth or because they have a sentimental value. instruments of credit payable to order or to bearer be converted into registered certificates or deposited in a bank or public institution. when no one will be injured thereby.485 The usufructuary. 586 96 . if he so prefers. or to the parents who are usufructuaries of their children's property. after due consideration of the facts of the case. the court may grant this petition. after deducting the sums which may be agreed upon or judicially allowed him for such administration.

or are lost due to the rapacity of beasts of prey. Should the usufruct be on sterile animals.493 488 489 Art.492 The usufructuary is obliged to make the ordinary repairs needed by the thing given in usufruct. By ordinary repairs are understood such as are required by the wear and tear due to the natural use of the thing and are indispensable for its preservation. in accordance with the title constituting the usufruct. If the animals on which the usufruct is constituted should all perish. he shall have a right to all the proceeds and benefits from the day on which. Should the herd or flock perish in part.489 The usufructuary shall take care of the things given in usufruct as a good father of a family. the usufruct shall continue on the part saved.490 A usufructuary who alienates or leases his right of usufruct shall answer for any damage which the things in usufruct may suffer through the fault or negligence of the person who substitutes him. Should the usufructuary fail to make them after demand by the owner. 590 492 Art. the usufructuary shall fulfill his obligation by delivering to the owner the remains which may have been saved from the misfortune. it shall be considered. the latter may make them at the expense of the usufructuary. he should have commenced to receive them. 589 491 Art. without the fault of the usufructuary. on account of some contagious disease or any other uncommon event. 588 490 Art.upon his giving security for the payment of the legal interest on their appraised value. 592 97 .491 If the usufruct be constituted on a flock or herd of livestock. also by accident and without the fault of the usufructuary. with respect to its effects. 591 493 Art. as though constituted on fungible things.488 After the security has been given by the usufructuary. 587 Art. the usufructuary shall be obliged to replace with the young thereof the animals that die each year from natural causes.

and. 593 Art. 594 496 Art.Extraordinary repairs shall be at the expense of the owner. 596 498 Art. he shall recover the amount thereof at the termination of the usufruct. the usufructuary shall pay him the proper interest on the sums which may have been paid in that character. the provisions of Articles 758 and 759 relating to donations shall be applied. If the latter has paid them. provided that such acts do not cause a diminution in the value of the usufruct or prejudice the right of the usufructuary. at the termination of the usufruct.494 If the owner should make the extraordinary repairs. but he shall have a right to demand of the owner. during the usufruct. if the said sums have been advanced by the usufructuary. shall be at the expense of the owner. both with respect to the maintenance of the usufruct and to the obligation of the usufructuary to pay such debts.496 The payment of annual charges and taxes and of those considered as a lien on the fruits. shall be at the expense of the usufructuary for all the time that the usufruct lasts. the usufructuary may make them. he shall have a right to demand of the usufructuary the legal interest on the amount expended for the time that the usufruct lasts. may be imposed directly on the capital.498 If the usufruct be constituted on the whole of a patrimony.495 The owner may construct any works and make any improvements of which the immovable in usufruct is susceptible. Should he not make them when they are indispensable for the preservation of the thing. 597 98 . 595 497 Art.497 The taxes which. and if at the time of its constitution the owner has debts. The usufructuary is obliged to notify the owner when the need for such repairs is urgent. or make new plantings thereon if it be rural. the increase in value which the immovable may have acquired by reason of the repairs. 494 495 Art.

and he shall be liable should he not do so. at the time the usufruct is constituted.503 Usufruct is extinguished: (1) By the death of the usufructuary. to collect such credits. Should the immovable be attached or sold judicially for the payment of the debt. even if there should be no known capital. 602 99 .The same rule shall be applied in case the owner is obliged. he shall need the authorization of the owner. 598 Art. or if that given is not sufficient.500 The usufructuary of a mortgaged immovable shall not be obliged to pay the debt for the security of which the mortgage was constituted. for damages. as if they had been caused through his own fault. the owner shall be liable to the usufructuary for whatever the latter may lose by reason thereof. 599 501 Art. to make periodical payments. or of the court in default thereof. The usufructuary who has not given security shall invest the said capital at interest upon agreement with the owner. 601 503 Art. unless a contrary intention clearly appears.499 The usufructuary may claim any matured credits which form a part of the usufruct if he has given or gives the proper security. with security sufficient to preserve the integrity of the capital in usufruct.502 The expenses. 600 502 Art. that may be prejudicial to the rights of ownership. of which he may have knowledge. costs and liabilities in suits brought with regard to the usufruct be borne by the usufructuary.501 The usufructuary shall be obliged to notify the owner of any act of a third person. in default of such agreement. in every case. If he has been excused from giving security or has been able to give it. The usufructuary who has given security may use the capital he has collected in any manner he may deem proper. with judicial authorization. and. shall 499 500 Art.

603 Art. the right shall continue on the remaining part. the interest upon the sum equivalent to the value of the land and of the materials. (3) By merger of the usufruct and ownership in the same person. or association for more than fifty years.505 Usufruct cannot be constituted in favor of a town. (4) By renunciation of the usufructuary. and the latter should be destroyed in any manner whatsoever. or by the fulfillment of any resolutory condition provided in the title creating the usufruct. The same rule shall be applied if the usufruct is constituted on a building only and the same should be destroyed. being obliged to pay to the usufructuary. But in such a case. if the owner should wish to construct another building. (6) By the termination of the right of the person constituting the usufruct. even if the third person should die before the period expires. or the corporation or association is dissolved.504 If the thing given in usufruct should be lost only in part. corporation.(2) By the expiration of the period for which it was constituted.508 504 505 Art. he shall have a right to occupy the land and to make use of the materials. 604 506 Art. If it has been constituted. 605 507 Art. 606 508 Art. 607 100 .507 If the usufruct is constituted on immovable property of which a building forms part. unless such usufruct has been expressly granted only in consideration of the existence of such person. shall subsist for the number of years specified. and before the expiration of such period the town is abandoned. the usufruct shall be extinguished by reason thereof. during the continuance of the usufruct. (7) By prescription. (5) By the total loss of the thing in usufruct. the usufructuary shall have a right to make use of the land and the materials.506 A usufruct granted for the time that may elapse before a third person attains a certain age.

If the owner chooses the latter alternative.509 Should the thing in usufruct be expropriated for public use. or to pay the usufructuary the legal interest on the amount of the indemnity for the whole period of the usufruct. 611 513 Art. 612. saving always the right granted to the usufructuary in the preceding article.513 IX. 101 . the former shall. or shall receive the interest on the insurance indemnity if the owner does not wish to rebuild. the owner insuring the tenement alone. After the delivery has been made.510 A usufruct is not extinguished by bad use of the thing in usufruct. 509 510 Easements Art.512 Upon the termination of the usufruct. but if the abuse should cause considerable injury to the owner. Should the usufructuary have refused to contribute to the insurance. the owner shall be obliged either to replace it with another thing of the same value and of similar conditions. 609 511 Art. the latter may demand that the thing be delivered to him. after deducting the expenses and the compensation which may be allowed him for its administration. binding himself to pay annually to the usufructuary the net proceeds of the same. 610 512 Art. should one be constructed. the latter shall receive the full amount of the insurance indemnity in case of loss. in case of loss. the thing in usufruct shall be delivered to the owner. he shall give security for the payment of the interest. 608 Art. without prejudice to the right of retention pertaining to the usufructuary or his heirs for taxes and extraordinary expenses which should be reimbursed.If the usufructuary shares with the owner the insurance of the tenement given in usufruct.511 A usufruct constituted in favor of several persons living at the time of its constitution shall not be extinguished until death of the last survivor. continue in the enjoyment of the new building. the security or mortgage shall be cancelled.

Nonapparent easements are those which show no external indication of their existence. 616 518 Art. Continuous easements are those the use of which is or may be incessant.518 514 515 Art.517 Easements are inseparable from the estate to which they actively or passively belong. that which is subject thereto. 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. apparent or non-apparent.An easement or servitude is an encumbrance imposed upon an immovable for the benefit of another immovable belonging to a different owner. 615 517 Art. The immovable in favor of which the easement is established is called the dominant estate. without the intervention of any act of man. 614 516 Art. that which prohibits the owner of the servient estate from doing something which he could lawfully do if the easement did not exist. 617 102 . Discontinuous easements are those which are used at intervals and depend upon the acts of man. and a negative easement.515 Easements may be continuous or discontinuous. 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. the servient estate. 613 Art. or of one or more persons to whom the encumbered estate does not belong.514 Servitudes may also be established for the benefit of a community.516 Easements are also positive or negative.

and each of them must bear it on the part which corresponds to him. If it is the dominant estate that is divided between two or more persons. or the sign aforesaid 519 520 Art. or the person who may have made use of the easement. shall be considered. each of them may use the easement in its entirety. unless. 623 103 . and in negative easements. the easement is not modified. the time of possession shall be computed thus: in positive easements.521 In order to acquire by prescription the easements referred to in the preceding article. should either of them be alienated. as a title in order that the easement may continue actively and passively. at the time the ownership of the two estates is divided.523 The absence of a document or proof showing the origin of an easement which cannot be acquired by prescription may be cured by a deed of recognition by the owner of the servient estate or by a final judgment. established or maintained by the owner of both. 622 524 Art. from the day on which the owner of the dominant estate forbade. and discontinuous ones.519 Easements are established either by law or by the will of the owners. 618 Art. commenced to exercise it upon the servient estate. The former are called legal and the latter voluntary easements.520 Continuous and apparent easements are acquired either by virtue of a title or by prescription of ten years. from the day on which the owner of the dominant estate. or making it more burdensome in any other way. the contrary should be provided in the title of conveyance of either of them. without changing the place of its use. the owner of the servient estate.522 Continuous nonapparent easements.524 The existence of an apparent sign of easement between two estates. 620 522 Art. whether apparent or not.Easements are indivisible. may be acquired only by virtue of a title. by an instrument acknowledged before a notary public. 619 521 Art. 621 523 Art. If the servient estate is divided between two or more persons. from executing an act which would be lawful without the easement.

(4) By the expiration of the term or the fulfillment of the condition. unless when the use becomes possible. 624 Art. 632 104 . 631 529 Art.527 Easements are extinguished: (1) By merger in the same person of the ownership of the dominant and servient estates. with respect to continuous easements. but it shall revive if the subsequent condition of the estates or either of them should again permit its use. and in the same way. Neither can he exercise the easement in any other manner than that previously established. 625 527 Art. this period shall be computed from the day on which they ceased to be used.526 The owner of the dominant estate cannot use the easement except for the benefit of the immovable originally contemplated. This provision shall also apply in case of the division of a thing owned in common by two or more persons. if the easement is temporary or conditional. sufficient time for prescription has elapsed. (5) By the renunciation of the owner of the dominant estate.528 The form or manner of using the easement may prescribe as the easement itself. and. from the day on which an act contrary to the same took place.525 Upon the establishment of an easement.should be removed before the execution of the deed. (3) When either or both of the estates fall into such condition that the easement cannot be used. 626 528 Art. (6) By the redemption agreed upon between the owners of the dominant and servient estates. (2) By nonuser for ten years. with respect to discontinuous easements.529 525 526 Art. in accordance with the provisions of the preceding number. all the rights necessary for its use are considered granted.

by the provisions of this Title. and. fishing and salvage.If the dominant estate belongs to several persons in common. neither can the owner of the higher estate make works which will increase the burden. as well as the stones or earth which they carry with them. These easements may be modified by agreement of the interested parties. Estates adjoining the banks of navigable or floatable rivers are. the proper indemnity shall first be paid. If it be necessary for such purpose to occupy lands of private ownership. 633 Art.532 Easements established by law in the interest of private persons or for private use shall be governed by the provisions of this Title. in the absence thereof. without prejudice to the provisions of general or local laws and ordinances for the general welfare.533 Lower estates are obliged to receive the waters which naturally and without the intervention of man descend from the higher estates. even in case they are of private ownership.534 The banks of rivers and streams.531 All matters concerning easements established for public or communal use shall be governed by the special laws and regulations relating thereto. to the easement of public use in the general interest of navigation. are subject throughout their entire length and within a zone of three meters along their margins. 634 532 Art. floatage. subject to the easement of towpath for the exclusive service of river navigation and floatage. 636 534 Art. furthermore. whenever the law does not prohibit it or no injury is suffered by a third person. The owner of the lower estate cannot construct works which will impede this easement. 635 533 Art.530 Easements imposed by law have for their object either public use or the interest of private persons. the use of the easement by any one of them prevents prescription with respect to the others.535 530 531 Art. 637 105 .

639 537 Art. as well as the owners of the lower estates upon which the waters may filter or descend. (2) To show that the proposed right of way is the most convenient and the least onerous to third persons. and the person who is to construct it is not the owner of the banks. or outhouses. 641 539 Art. or lands which must support it. 642 540 Art.540 The easement of aqueduct for private interest cannot be imposed on buildings. or for the use of any other continuous or discontinuous stream.541 535 536 Art.538 Any person who may wish to use upon his own estate any water of which he can dispose shall have the right to make it flow through the intervening estates. 640 538 Art.536 Compulsory easements for drawing water or for watering animals can be imposed only for reasons of public use in favor of a town or village. he may establish the easement of abutment of a dam. it should be necessary to build a dam. 643 106 . with the obligation to indemnify their owners. courtyards.539 One desiring to make use of the right granted in the preceding article is obliged: (1) To prove that he can dispose of the water and that it is sufficient for the use for which it is intended.Whenever for the diversion or taking of water from a river or brook. annexes. or on orchards or gardens already existing. after payment of the proper indemnity.537 Easements for drawing water and for watering animals carry with them the obligation of the owners of the servient estates to allow passage to persons and animals to the place where such easements are to be used. after payment of the proper indemnity. and the indemnity shall include this service. 638 Art. (3) To indemnify the owner of the servient estate in the manner determined by the laws and regulations.

544 Art. which is surrounded by other immovables pertaining to other persons and without adequate outlet to a public highway.545 The owner. shall be governed by the special laws relating thereto insofar as no provision therefor is made in this Code. has to construct a stop lock or sluice gate in the bed of the stream from which the water is to be taken. or upon a schedule of alternate days or hours. or from building over the aqueduct in such manner as not to cause the latter any damage.The easement of aqueduct does not prevent the owner of the servient estate from closing or fencing it. the indemnity shall consist of the value of the land occupied and the amount of the damage caused to the servient estate.544 The establishment. or render necessary repairs and cleanings impossible. or any person who by virtue of a real right may cultivate or use any immovable. establishing a permanent passage. may demand that the owners of the banks permit its construction. the easement of aqueduct shall be considered as continuous and apparent. 644 Art. including those caused by the new easement to such owners and to the other irrigators. is entitled to demand a right of way through the neighboring estates.542 For legal purposes. 647 545 Art. 645 543 Art. form and conditions of the servitudes of waters. even though the flow of the water may not be continuous. or its use depends upon the needs of the dominant estate. 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. after payment of the proper indemnity. the indemnity shall consist in the payment of the damage caused by such encumbrance. Should this easement be established in such a manner that its use may be continuous for all the needs of the dominant estate. extent. to which this section refers. 541 542 Art. after payment of damages. 648 107 . 646.543 One who for the purpose of irrigating or improving his estate.

where the distance from the dominant estate to a public highway may be the shortest. However. 651 549 Art. or co-owner.549 In the case of the preceding article. 652 550 Art. exchanger. and. The same rule shall be applied in case a new road is opened giving access to the isolated estate. he shall be obliged to grant a right of way without indemnity. 649 Art. 653 551 Art. the donor shall be indemnified by the donee for the establishment of the right of way. 654 108 .550 If the right of way is permanent.This easement is not compulsory if the isolation of the immovable is due to the proprietor's own acts. he may demand a right of way after paying a indemnity. 650 548 Art. the necessary repairs shall be made by the owner of the dominant estate. 546 547 Art.548 Whenever a piece of land acquired by sale. insofar as consistent with this rule. The interest on the indemnity shall be deemed to be in payment of rent for the use of the easement. returning what he may have received by way of indemnity.551 If the right of way granted to a surrounded estate ceases to be necessary because its owner has joined it to another abutting on a public road. is surrounded by other estates of the vendor. In case of a simple donation.547 The width of the easement of right of way shall be that which is sufficient for the needs of the dominant estate. if it is the land of the grantor that becomes isolated.546 The easement of right of way shall be established at the point least prejudicial to the servient estate. A proportionate share of the taxes shall be reimbursed by said owner to the proprietor of the servient estate. and may accordingly be changed from time to time. exchange or partition. the donor shall not be liable for indemnity. the owner of the servient estate may demand that the easement be extinguished.

552 If it be indispensable for the construction. by the local ordinances and customs insofar as they do not conflict with the same.554 The easement of party wall shall be governed by the provisions of this Title. resting places and animal folds. unless there is a title. the provisions of this Section and those of Articles 640 and 641 shall be observed. animal trail or any other. and.553 Easements of the right of way for the passage of livestock known as animal path. walls and live hedges dividing rural lands. or proof to the contrary: (1) In dividing walls of adjoining buildings up to the point of common elevation. (3) In fences. Without prejudice to rights legally acquired.556 552 553 Art. 659 109 . improvement. towns.555 The existence of an easement of party wall is presumed. or in rural communities. 657 555 Art. and by the rules of co-ownership. Whenever it is necessary to establish a compulsory easement of the right of way or for a watering place for animals. (2) In dividing walls of gardens or yards situated in cities. and those for watering places. and the animal trail that of 37 meters and 50 centimeters. the owner of such estate shall be obliged to permit the act. 658 556 Art. the public highway must substantially meet the needs of the dominant estate in order that the easement may be extinguished. or to raise therein scaffolding or other objects necessary for the work. in the absence thereof. or exterior sign. 655 Art. by the usages and customs of the place. the animal path shall not exceed in any case the width of 75 meters. 656 554 Art. alteration or beautification of a building. shall be governed by the ordinances and regulations relating thereto. to carry materials through the estate of another.In both cases. after receiving payment of the proper indemnity for the damage caused him. In this case the width shall not exceed 10 meters. repair.

and on the other.It is understood that there is an exterior sign. contrary to the easement of party wall: (1) Whenever in the dividing wall of buildings there is a window or opening. but not on the other. (6) Whenever the dividing wall. but the lower part slants or projects outward. but not those of the others. and tenements is constructed in such a way that the coping sheds the water upon only one of the estates.557 Ditches or drains opened between two estates are also presumed as common to both. being built of masonry. (5) Whenever the dividing wall between courtyards. (2) Whenever the dividing wall is. if there is no title or sign showing the contrary. floors and roof frame of one of the buildings. in which case the ownership of the ditch shall belong exclusively to the owner of the land having this exterior sign in its favor. straight and plumb on all its facement. it has similar conditions on the upper part. There is a sign contrary to the part-ownership whenever the earth or dirt removed to open the ditch or to clean it is only on one side thereof. has stepping stones. fences or hedges shall be deemed to belong exclusively to the owner of the property or tenement which has in its favor the presumption based on any one of these signs. (7) Whenever lands inclosed by fences or live hedges adjoin others which are not inclosed. 660 Art. 661 110 . (4) Whenever the dividing wall bears the burden of the binding beams. which at certain intervals project from the surface on one side only. gardens. In all these cases. (3) Whenever the entire wall is built within the boundaries of one of the estates. on one side.558 557 558 Art. the ownership of the walls.

in proportion to the right of each. 662 Art. live hedges. but the cost of all repairs and work necessary to prevent any damage which the demolition may cause to the party wall. 663 561 Art.559 If the owner of a building. acquire the right of part-ownership therein. by paying proportionally the value of the work at the time of the acquisition and of the land used for its increased thickness. he shall give the space required from his own land. nevertheless.561 The other owners who have not contributed in giving increased height. the owner desiring to raise it shall be obliged to reconstruct it at his own expense and.560 Every owner may increase the height of the party wall.The cost of repairs and construction of party walls and the maintenance of fences. supported by a party wall desires to demolish the building.562 Every part-owner of a party wall may use it in proportion to the right he may have in the co-ownership. any owner may exempt himself from contributing to this charge by renouncing his part-ownership. shall be borne by all the owners of the lands or tenements having the party wall in their favor. the indemnity for the increased expenses which may be necessary for the preservation of the party wall by reason of the greater height or depth which has been given it. and. if for this purpose it be necessary to make it thicker. and drains owned in common. shall be borne by him. on this occasion only. The expenses of maintaining the wall in the part newly raised or deepened at its foundation shall also be paid for by him. he may also renounce his part-ownership of the wall. 666 111 . even though such damage be temporary.563 559 560 Art. Nevertheless. If the party wall cannot bear the increased height. 664 562 Art. without interfering with the common and respective uses by the other co-owners. except when the party wall supports a building belonging to him. in addition. 665 563 Art. depth or thickness to the wall may. ditches. doing at his own expense and paying for any damage which may be caused by the work.

669. 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. balconies. unless an easement of light has been acquired. Nevertheless.568 564 565 Art. if it is through a party wall. apertures. and. if there be no stipulation to the contrary. if the window is through a wall on the dominant estate. can make in it openings to admit light at the height of the ceiling joints or immediately under the ceiling. with an iron grating imbedded in the wall and with a wire screen. and of the size of thirty centimeters square. He can also obstruct them by constructing a building on his land or by raising a wall thereon contiguous to that having such openings.564 The period of prescription for the acquisition of an easement of light and view shall be counted: (1) From the time of the opening of the window. without the consent of the others. 668 566 infra 567 Art.565 When the distances in Article 670566 are not observed. or other similar projections which afford a direct view upon or towards an adjoining land or tenement can be made. without leaving a distance of two meters between the wall in which they are made and such contiguous property. the owner of a wall which is not party wall. or (2) From the time of the formal prohibition upon the proprietor of the adjoining land or tenement. unless there be a distance of sixty centimeters.567 No windows. 670 112 . 667 Art. Neither can side or oblique views upon or towards such conterminous property be had. open through the party wall any window or aperture of any kind. 568 Art.No part-owner may. in every case. adjoining a tenement or piece of land belonging to another. The nonobservance of these distances does not give rise to prescription.

without the consent of the usufructuary. the usufruct of which belongs to another. The consent given by some only.571 Every owner of a tenement or piece of land may establish thereon the easements which he may deem suitable. subject to special regulations and local ordinances. may impose thereon. which is not less than three meters wide.570 Whenever by any title a right has been acquired to have direct views.The distance referred to in the preceding article shall be measured in cases of direct views from the outer line of the wall when the openings do not project.573 Whenever the naked ownership of a tenement or piece of land belongs to one person and the beneficial ownership to another. no perpetual voluntary easement may be established thereon without the consent of both owners.569 The provisions of Article 670 are not applicable to buildings separated by a public way or alley. the owner of the servient estate cannot build thereon at less than a distance of three meters to be measured in the manner provided in Article 671. public policy or public order. and in the manner and form which he may deem best. 690 113 . any servitudes which will not injure the right of usufruct. the consent of all the co-owners shall be required. or piece of land. must be held in abeyance until the last one of all the co-owners shall have expressed his conformity. 688 573 Art. 672 571 Art. from the outer line of the latter when they do. 689 574 Art.572 The owner of a tenement or piece of land. 569 570 Art. Any stipulation permitting distances less than those prescribed in Article 670 is void. 671 Art. provided he does not contravene the laws. balconies or belvederes overlooking an adjoining property. 673 572 Art. and in cases of oblique view from the dividing line between the two properties.574 In order to impose an easement on an undivided tenement.

upon the establishment of the easement.577 X.576 If the owner of the servient estate should have bound himself.575 The title and. or (2) Annoys or offends the senses. 693 578 Art. or anything else which: (1) Injures or endangers the health or safety of others. A private nuisance is one that is not included in the foregoing definition. although the extent of the annoyance. or (4) Obstructs or interferes with the free passage of any public highway or street. defies or disregards decency or morality. the easement shall be governed by such provisions of this Title as are applicable thereto. to bear the cost of the work required for the use and preservation thereof. 695. 691 Art. 114 . the possession of an easement acquired by prescription shall determine the rights of the dominant estate and the obligations of the servient estate. or any body of water. Nuisance A nuisance is any act. 694 579 Art. condition of property. 692 577 Art. business.578 Nuisance is either public or private. danger or damage upon individuals may be unequal. A public nuisance affects a community or neighborhood or any considerable number of persons. or (5) Hinders or impairs the use of property.But the consent given by one of the co-owners separately from the others shall bind the grantor and his successors not to prevent the exercise of the right granted. In default thereof.579 575 576 Art. omission. or (3) Shocks. he may free himself from this obligation by renouncing his property to the owner of the dominant estate. establishment. in a proper case.

without committing a breach of the peace. 703 115 . 702 587 Art. But it is necessary: 580 581 Art.Every successive owner or possessor of property who fails or refuses to abate a nuisance in that property started by a former owner or possessor is liable therefor in the same manner as the one who created it. if it is specially injurious to himself. or doing unnecessary injury.585 The district health officer shall determine whether or not abatement.583 The district health officer shall take care that one or all of the remedies against a public nuisance are availed of. whether public or private. is the best remedy against a public nuisance. or (3) Abatement.587 Any private person may abate a public nuisance which is specially injurious to him by removing. 699 584 Art.580 The abatement of a nuisance does not preclude the right of any person injured to recover damages for its past existence. 701 586 Art. 698 583 Art.581 Lapse of time cannot legalize any nuisance. 700 585 Art. 697 582 Art. by destroying the thing which constitutes the same. or if necessary. such action shall be commenced by the city or municipal mayor. without judicial proceedings.586 A private person may file an action on account of a public nuisance.584 If a civil action is brought by reason of the maintenance of a public nuisance.582 The remedies against a public nuisance are: (1) A prosecution under the Penal Code or any local ordinance: or (2) A civil action. without judicial proceedings. 696 Art.

707 116 . without judicial proceedings. 706 591 Art. or (2) Abatement. 705 590 Art.590 A private person or a public official extrajudicially abating a nuisance shall be liable for damages: (1) If he causes unnecessary injury. However. it is indispensable that the procedure for extrajudicial abatement of a public nuisance by a private person be followed. 588 589 Art. by destroying the thing which constitutes the nuisance.(1) That demand be first made upon the owner or possessor of the property to abate the nuisance.589 Any person injured by a private nuisance may abate it by removing. (3) That the abatement be approved by the district health officer and executed with the assistance of the local police. without committing a breach of the peace or doing unnecessary injury. Modes of Acquiring Ownership Ownership is acquired by occupation and by intellectual creation. or (2) If an alleged nuisance is later declared by the courts to be not a real nuisance. 704 Art. or if necessary.591 XI. (2) That such demand has been rejected.588 The remedies against a private nuisance are: (1) A civil action. and (4) That the value of the destruction does not exceed three thousand pesos.

598 592 593 Art. hidden treasure and abandoned movables 595 Art. 713 596 Art. 1139 117 . by tradition. 714 594 such as animals that are the object of hunting and fishing. by testate and intestate succession. 1133 598 Art. In the same way. rights and conditions are lost by prescription. by donation.Ownership and other real rights over property are acquired and transmitted by law.595 PRESCRIPTION I. Prescription or limitation of actions Actions prescribe by the mere lapse of time fixed by law.596 II.593 Things appropriable by nature which are without an owner594 are acquired by occupation. 712 Art. and in consequence of certain contracts. 1106 597 Art. one acquires ownership and other real rights through the lapse of time in the manner and under the conditions laid down by law. They may also be acquired by means of prescription.592 The ownership of a piece of land cannot be acquired by occupation. No prescription applicable Movables possessed through a crime can never be acquired through prescription by the offender. Definition By prescription.597 III.

Actions to recover movables shall prescribe eight years from the time the possession thereof is lost.601 The following rights. (2) To bring an action to abate a public or private nuisance. are not extinguished by prescription: (1) To demand a right of way. 1142 602 Art. (2) Upon a quasi-contract.602 The following actions must be brought within ten years from the time the right of action accrues: (1) Upon a written contract. according to Articles 1132. 1144 604 Art. 599 600 Art. 1141 601 Art. regulated in Article 649.599 Real actions over immovables prescribe after thirty years.604 The following actions must be instituted within four years: (1) Upon an injury to the rights of the plaintiff. 1140 Art. and 1133.603 The following actions must be commenced within six years: (1) Upon an oral contract. 1143 603 Art. among others specified elsewhere in this Code. (2) Upon a quasi-delict. unless the possessor has acquired the ownership by prescription for a less period. and without prejudice to the provisions of Articles 559. (3) Upon a judgment. (2) Upon an obligation created by law.600 A mortgage action prescribes after ten years. This provision is without prejudice to what is established for the acquisition of ownership and other real rights by prescription. 1505. 1145 118 .

detention and/or trial of the plaintiff.609 The time for prescription for all kinds of actions. or conduct of any public officer involving the exercise of powers or authority arising from Martial Law including the arrest. 1146. in the Code of Commerce. as amended by PD No.610 The time for the prescription of actions which have for their object the enforcement of obligations to pay principal with interest or annuity runs from the last payment of the annuity or of the interest. 1755. 1152 119 . 1147 607 supra 608 Art. 1980 Art.605 The following actions must be filed within one year: (1) For forcible entry and detainer. 1149. when the action arises from or out of any act. when there is no special provision which ordains otherwise.611 The period for prescription of actions to demand the fulfillment of obligation declared by a judgment commences from the time the judgment became final. shall be counted from the day they may be brought.612 The period for prescription of actions to demand accounting runs from the day the persons who should render the same cease in their functions.608 1147607 All other actions whose periods are not fixed in this Code or in other laws must be brought within five years from the time the right of action accrues. activity. 605 606 Art. and 1144 to are without prejudice to those specified in other parts of this Code. 24. 1150 611 Art. (2) For defamation. the same must be brought within one (1) year.606 The limitations of action mentioned in Articles 1140 to 1142. 610 Art. 1148 609 Art. Dec. 1151 612 Art.However. and in special laws.

and when there is any written acknowledgment of the debt by the debtor.616 one impressed with the character of enforceability. Object or prestation619 613 614 Art. Active subject617 The possessor of a right. 1154 615 Art. Elements of an Obligation 1. or doing or not doing a certain act620and 2. he in whose favor the obligation is constituted. II. it must be determinate or determinable 4. Definition A juridical necessity to give. 1153 Art. it must have a possible equivalent in money 120 . physically & juridically 3. 1156 617 obligee or creditor 618 obligor or debtor 619 the subject matter of the obligation 620 Requisites: 1. it must be licit 2. it must be possible. 1155 616 Art. when there is a written extrajudicial demand by the creditors.615 OBLIGATIONS I. doing or not doing.613 The period during which the obligee was prevented by a fortuitous event from enforcing his right is not reckoned against him. May consist of giving a thing.The period for the action arising from the result of the accounting runs from the date when said result was recognized by agreement of the interested parties. He who has the duty of giving. to do or not to do. Passive subject618 3.614 The prescription of actions is interrupted when they are filed before the court.

b. Criteria of demandability: a. Pure .the acquisition of 621 vinculum or juridical tie 121 . To do All kinds of work or services.one w/c is not subject to a condition or a term. whether mental or physical 3.” both being negative obligations IV. To give Consists in the delivery of a movable or an immovable thing. Different Kinds of Prestations 1. Not to do Consists in abstaining from some act. in order to create a real right or for the use of the recipient or for its simple possession or in order to return to its owner 2. Conditional . Classification of Obligations 1. includes “not to give. Efficient cause621 The reason why the obligation exists III.4.

one in w/c each of the debtors is liable only for a proportionate part of the debt or each creditor is entitled only to a proportionate part of the credit.It annuls the obligation w/c depends upon them. Effect of Impossible Condition. Plurality of subjects b. Past event unknown to the parties. several objects being due. It is the knowledge w/c is future and uncertain. Single 3.rights. 1206 626 there are as many obligations as there are debtors multiplied by the number of creditors. Plurality of objects a.It is really the knowledge of the event w/c constitutes the future. shall depend upon the happening of the event which constitutes the condition. 1181 A past thing can never be a condition. A condition is always future and uncertain.where only one thing is due but the debtor has reserved the right to substitute it w/ another625 d. W/ a term623 - 2. Effects of Joint Liability: 122 .where the debtor must perform any of the prestations624 c. Facultative . 623 see Reference 624 The characteristic of alternative obligations is that.622 c. Alternative . the fulfillment of one is sufficient (Tolentino) 625 Art.-.-.626 622 Art. The entire juridical tie is tainted by the impossible condition. as well as the extinguishment or loss of those already acquired. Joint .

nor does it authorize a creditor to demand anything from his co-creditors. 3. the law provides so: Unless there is an express stipulation to that effect. When the nature of the obligation necessarily entails performance in parts.one that must be performed in one act. par. 2.) 2. the creditor cannot be compelled partially to receive the prestations in which the obligation consists. The insolvency of a debtor does not increase the responsibility of his co-debtors. The vices of each obligation arising from the personal defect of a particular debtor or creditor does not affect the obligation or rights of the others. Neither may the debtor be required to make partial payments.627 5. 5.) Three Exceptions to the Rule on Indivisibility: 1. 1248.) 627 General rule: Obligation is indivisible w/c means that it has to be performed in one act singly. Solidary . On the same principle. but not w/ respect to the others.an accessory 1. par. Performance a. Indivisible .one in w/c the debtor is liable for the entire obligation or each creditor is entitled to demand the whole obligation. does not benefit the other creditors nor interrupt the prescription as to other debtors. 1. The interruption of prescription by the judicial demand of one creditor upon a debtor. W/ a penal clause . There is only one obligation is a solidary obligation. 3. 1. When the parties so provide. The demand by one creditor upon one debtor. 4. Simple b. Sanctions for Breach a.one susceptible of partial performance. b.e. 1248. (Manresa. (Art. Where the law provides otherwise. xxx (Art. 4. a partial payment or acknowledgement made by one of several joint debtors does not stop the running of the statute of limitations as to the others. In the joint divisible obligation. produces the effects of default only w/ respect to the creditor who demanded and the debtor on whom the demand was made. the defense of res judicata is not extended from one debtor to another. Why? Bec. 123 . Divisible .

When a penal clause is present. The Philippine Law on Obligations and Contracts Explained. but which the debtor may perform voluntarily. 6. (4) Acts or omissions punished by law. Sources of Obligations Obligations arise from: (1) Law. and (5) Quasi-delicts. Restitution by minor after annulment of contract. 5. 2. 629 Art. 2 631 a. Delivery by minor of money or fungible thing in fulfillment of obligation. Performance after action to enforce civil obligation has failed. and 7.628 V. Based not on positive law but on equity and natural law b.632 628 The purpose is to strengthen the coercive force of the obligation. 124 . Payment of legacy after will have been declared void.629 A single act or omission can give rise to different causes of action: It is a source of obligation because of the provision in Article 100 of the Revised code that “every person criminally liable is also civilly liable.. Performance after the civil obligation has prescribed. 3. 4.undertaking to assume greater liability in case of breach. (3) Quasi-contracts. Do not grant such right of action to enforce their performance 632 Examples of natural obligations enumerated under the Civil Code: 1.”630 Natural Obligations:631 They are real obligations to which the law denies an action. (2) Contracts. 630 Nolledo. damages do not have to be proved. p. 1980 Ed.. Payment by heir of debt exceeding value of property inherited. Reimbursement of a third person for a debt that has prescribed. 1157. Jose N.

he shall acquire no real right over it until the same has been delivered to him.640 633 634 Arts. There must be fault or negligence attributable to the person charged b. the payment of indemnity to the end that no one shall be unjustly enriched or benefited at the expense of another 2 kinds: a. However. and it was unduly delivered thru mistake 637 obligation ex quasi-delicto or ex quasi maleficio 638 Elements: a. and which has for its purpose. Solutio indebiti .That juridical relation resulting from a lawful. Nature and Effect of Obligations Every person obliged to give something is also obliged to take care of it with the proper diligence of a good father of a family. Quasi-delict/torts637 .unauthorized management635 b. Negotiorum gestio . 2142 to 2194 obligation ex quasi-contractu 635 This takes place when a person voluntarily takes charge of another’s abandoned business or property without the owner’s authority 636 This takes place when something is received when there is no right to demand it. unless the law or the stipulation of the parties requires another standard of care.It is a fault or act of negligence ( or omission of care ) which causes damage to another. 1163 640 Art. voluntary and unilateral act. there being no pre-existing contractual relations between the parties.undue payment 636 2. There must be a direct relation of cause and effect between the fault or negligence on the one hand and the damage or injury on the other hand ( proximate cause ) 639 Art. There must be damage or injury c. 1164 125 . Quasi-contract634 .638 VI.Extra-contractual Obligations:633 1.639 The creditor has a right to the fruits of the thing from the time the obligation to deliver it arises.

642 The obligation to give a determinate thing includes that of delivering all its accessions and accessories. in addition to the right granted him by Article 1170. the creditor.645 Those obliged to deliver or to do something incur in delay from the time the obligee judicially or extrajudicially demands from them the fulfillment of their obligation. even though they may not have been mentioned. 1166 644 Art. However. 1165 643 Art. This same rule shall be observed if he does it in contravention of the tenor of the obligation. and the obligor does what has been forbidden him. it shall also be undone at his expense. Furthermore. it may be decreed that what has been poorly done be undone.When what is to be delivered is a determinate thing. 1168 126 . or has promised to deliver the same thing to two or more persons who do not have the same interest. the same shall be executed at his cost. he may ask that the obligation be complied with at the expense of the debtor. If the obligor delays.643 If a person obliged to do something fails to do it. If the thing is indeterminate or generic. he shall be responsible for any fortuitous event until he has effected the delivery. 1167 645 Art. the demand by the creditor shall not be necessary in order that delay may exist: 641 642 infra Art.644 When the obligation consists in not doing.641 may compel the debtor to make the delivery.

Any waiver of an action for future fraud is void. or (3) When demand would be useless. 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.649 The fault or negligence of the obligor consists in the omission of that diligence which is required by the nature of the obligation and corresponds with the circumstances of the persons. From the moment one of the parties fulfills his obligation. When negligence shows bad faith. delay by the other begins.648 Responsibility arising from negligence in the performance of every kind of obligation is also demandable. and those who in any manner contravene the tenor thereof. paragraph 2. according to the circumstances. of the time and of the place. negligence. 648 Art.646 Those who in the performance of their obligations are guilty of fraud. 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. 1172 127 .650 646 647 Art. If the law or contract does not state the diligence which is to be observed in the performance. 1170. 1169 Art. the provisions of Articles 1171 and 2201. or delay. that which is expected of a good father of a family shall be required. In reciprocal obligations.647 Responsibility arising from fraud is demandable in all obligations. as when the obligor has rendered it beyond his power to perform. but such liability may be regulated by the courts. shall apply. 1171 649 Art. are liable for damages.(1) When the obligation or the law expressly so declare.

1173 Art. shall likewise raise the presumption that such installments have been paid. if there has been no stipulation to the contrary.651 The receipt of the principal by the creditor without reservation with respect to the interest.652 The creditors. 1178. or which. Kinds of Civil Obligations Pure The performance does not depend upon a future or uncertain event. no person shall be responsible for those events which could not be foreseen. though foreseen. 1177 654 Art.654 VII. they may also impugn the acts which the debtor may have done to defraud them.Except in cases expressly specified by the law. may exercise all the rights and bring all the actions of the latter for the same purpose. were inevitable. or upon a past event unknown to the parties. save those which are inherent in his person. 655 Art. shall give rise to the presumption that said interest has been paid. which is demandable at once. after having pursued the property in possession of the debtor to satisfy their claims.655 Conditional 650 651 Art.653 Subject to the laws. 1176 653 Art. all rights acquired in virtue of an obligation are transmissible. or when the nature of the obligation requires the assumption of risk. or when it is otherwise declared by stipulation. 1174 652 Art. The receipt of a later installment of a debt without reservation as to prior installments. 1179 128 .

656 1. or that each one of the latter is bound to render. entire compliance with the Every obligation which contains a resolutory condition shall also be demandable.. Potestative.g.660 VIII. Resolutory condition658 The happening of the event will extinguish the obligation. One w/c depends solely on One where the condition is the will of either one made to depend upon a party. 3. shall depend upon the happening of the event which constitutes the condition. 1180) 656 Art. "I will give you my land in Pampanga if you will pass the bar exams this year. "I will give you my plantation in Davao provided you reside in Davao permanently..659 third person or upon chance. When the debtor binds himself to pay when his means permit him to do so. Joint and Solidary Obligation The concurrence of two or more creditors or of two or more debtors in one and the same obligation does not imply that each one of the former has a right to demand. Suspensive condition657 The happening of the event gives birth to an obligation 2. without prejudice to the effects of the happening of the event. the obligation shall be deemed to be one with a period.The acquisition of rights.g." 129 ." 660 e. as well as the extinguishment or loss of those already acquired. 1181 657 condition precedent 658 condition subsequent 659 e. casual or mixed Potestative Casual Mixed One w/c depends partly upon the will of one of the parties and partly on either chance or the will of a third person. subject to the provisions of Article 1197 (Art.

and the debt can be enforced only by proceeding against all the debtors.664 Solidarity may exist although the creditors and the debtors may not be bound in the same manner and by the same periods and conditions. 1210 665 Art. There is a solidary liability only when the obligation expressly so states. 1214 130 . but not anything which may be prejudicial to the latter. 1208 663 Art. or when the law or the nature of the obligation requires solidarity. payment should be made to him.661 If from the law.663 The indivisibility of an obligation does not necessarily give rise to solidarity. but if any demand. the credit or debt shall be presumed to be divided into as many shares as there are creditors or debtors. 1211 666 Art. the right of the creditors may be prejudiced only by their collective acts. Nor does solidarity of itself imply indivisibility. If one of the latter should be insolvent. 1212 667 Art.667 The debtor may pay any one of the solidary creditors. subject to the Rules of Court governing the multiplicity of suits. the others shall not be liable for his share. 1213 668 Art. or the nature or the wording of the obligations to which the preceding article refers the contrary does not appear. 1207 Art. has been made by one of them.662 If the division is impossible. judicial or extrajudicial.666 A solidary creditor cannot assign his rights without the consent of the others.668 661 662 Art.prestation. 1209 664 Art.665 Each one of the solidary creditors may do whatever may be useful to the others. the credits or debts being considered distinct from one another.

The demand made against one of them shall not be an obstacle to those which may subsequently be directed against the others. with the interest for the payment already made.669 The creditor who may have executed any of these acts. 1218 131 . 1216 672 Art.671 Payment made by one of the solidary debtors extinguishes the obligation. without prejudice to the provisions of Article 1219. If the payment is made before the debt is due.672 Payment by a solidary debtor shall not entitle him to reimbursement from his co-debtors if such payment is made after the obligation has prescribed or become illegal. such share shall be borne by all his codebtors. shall extinguish the obligation. because of his insolvency. the creditor may choose which offer to accept. shall be liable to the others for the share in the obligation corresponding to them. If two or more solidary debtors offer to pay.670 The creditor may proceed against any one of the solidary debtors or some or all of them simultaneously. as well as he who collects the debt. made by any of the solidary creditors or with any of the solidary debtors. in proportion to the debt of each. no interest for the intervening period may be demanded. 1217. He who made the payment may claim from his co-debtors only the share which corresponds to each. 673 Art. 1215 671 Art. confusion or remission of the debt.673 The remission made by the creditor of the share which affects one of the solidary debtors does not release the latter from his responsibility towards the co669 670 infra Art. compensation. When one of the solidary debtors cannot. so long as the debt has not been fully collected. reimburse his share to the debtor paying the obligation.Novation.

1222 132 . the obligation shall be extinguished. in case the debt had been totally paid by anyone of them before the remission was effected. If through a fortuitous event. without prejudice to their action against the guilty or negligent debtor. for the price and the payment of damages and interest. With respect to those which personally belong to the others. in actions filed by the creditor. all shall be responsible to the creditor. 1219 Art.676 A solidary debtor may. 674 675 Art. does not entitle him to reimbursement from his co-debtors. (4) By the confusion or merger of the rights of creditor and debtor.677 IX. he may avail himself thereof only as regards that part of the debt for which the latter are responsible. the provisions of the preceding paragraph shall apply. obtained by one of the solidary debtors. 1220 676 Art. Extinguishment of Obligations Obligations are extinguished: (1) By payment or performance: (2) By the loss of the thing due: (3) By the condonation or remission of the debt. avail himself of all defenses which are derived from the nature of the obligation and of those which are personal to him.debtors.674 The remission of the whole obligation. If there was fault on the part of any one of them. or pertain to his own share.675 If the thing has been lost or if the prestation has become impossible without the fault of the solidary debtors. 1221 677 Art. the thing is lost or the performance has become impossible after one of the solidary debtors has incurred in delay through the judicial or extrajudicial demand upon him by the creditor.

fulfillment of a resolutory condition. according to their nature may be in keeping with good faith. III. such as annulment.679 II. the for perfection. (3) Cause of the obligation which is established. (2) Object certain which is the subject matter of the contract. (6) By novation. Kinds of Contracts Consensual Real Formal or Solemn Perfected by mere consent Requires delivery of object Requires compliance with and from that moment.(5) By compensation. Formality 678 679 Art. pledge and commodatum 133 .678 CONTRACTS I. 1231 Art.680 certain formalities parties are bound not only prescribed by law. are governed elsewhere in this Code. such to the fulfillment of what prescribed form being an has been expressly essential element stipulated but also to all consequences which. and prescription. 1381 680 like deposit. Essential Requisites (1) Consent of the contracting parties. usage and law. Other causes of extinguishment of obligations. rescission.

the contracting parties may compel each other to observe that form. (3) The power to administer property. modification or extinguishment of real rights over immovable property. and 1405. transmission.682 The following must appear in a public document: (1) Acts and contracts which have for their object the creation. or that a contract be proved in a certain way.683 (2) The cession. No. repudiation or renunciation of hereditary rights or of those of the conjugal partnership of gains.681 If the law requires a document or other special form. when the law requires that a contract be in some form in order that it may be valid or enforceable. that requirement is absolute and indispensable. sales of real property or of an interest therein are governed by Articles 1403. (4) The cession of actions or rights proceeding from an act appearing in a public document. In such cases. even a private one. provided all the essential requisites for their validity are present. 2. 681 682 Defective Contracts Art. However. in whatever form they may have been entered into.00) must appear in writing.Contracts shall be obligatory. 2 and 1405. 1358 134 . 1403. 1356 Art. or any other power which has for its object an act appearing or which should appear in a public document. No. 1357 683 infra 684 Art. But sales of goods. once the contract has been perfected. chattels or things in action are governed by articles. or should prejudice a third person. This right may be exercised simultaneously with the action upon the contract.684 IV. the right of the parties stated in the following article cannot be exercised. All other contracts where the amount involved exceeds five hundred pesos (P500.

(5) All other contracts specially declared by law to be subject to rescission. by reason of lesion or economic prejudice may be rescinded in cases established by law. although the element of consent is vitiated either by lack of capacity of one of the contracting parties or by VIMFU.Rescissible Contracts:685 (1) Those which are entered into by guardians whenever the wards whom they represent suffer lesion by more than one-fourth of the value of the things which are the object thereof. (2) Those agreed upon in representation of absentees. (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. 1409 Those in which all of the essential elements for validity are present. if the latter suffer the lesion stated in the preceding number. 686 Art. 135 . 1381 687 Art. (3) Those undertaken in fraud of creditors when the latter cannot in any other manner collect the claims due them.686 (6) Payments made in a state of insolvency on account of obligations not yet enforceable Voidable Contracts:687 685 Contracts validly agreed upon but.

Requisites: a.691 In order that mistake may invalidate consent.692 When one of the parties is unable to read. undue influence or fraud 3. it should refer to the substance of the thing which is the object of the contract. By loss of the thing which is the object of the contract through fraud or fault of the person who is entitled to annul the contract. and mistake or fraud is alleged. contingency or risk affecting the object of the contract. A simple mistake of account shall give rise to its correction. Those where one of the parties is incapable of giving consent to a contract 2. Those where the consent is vitiated by mistake. such reason must have ceased and c. 1331 693 Art. or to those conditions which have principally moved one or both parties to enter into the contract. violence. 1328 689 See Reference 690 Art. the injured party must have executed an act which expressly or impliedly conveys an intention to waive his right. and is understood to be without prejudice to special disqualifications established in the laws. the person enforcing the contract must show that the terms thereof have been fully explained to the former.693 There is no mistake if the party alleging it knew the doubt.Contracts entered into during a lucid interval are valid.690 A contract where consent is given through mistake. Mistake as to the identity or qualifications of one of the parties will vitiate consent only when such identity or qualifications have been the principal cause of the contract. or if the contract is in a language not understood by him. intimidation. 1330 692 Art. violence. there must be knowledge of the reason which renders the contract voidable b. 688 Art. undue influence.694 What contracts are voidable: 1. 1329 691 Art. Contracts agreed to in a state of drunkenness or during a hypnotic spell are voidable. intimidation. or fraud is voidable. 1332 136 .688 The incapacity declared in Article 1327689 is subject to the modifications determined by law.

The following circumstances shall be considered: the confidential. does not vitiate consent. when there is a duty to reveal them. he would not have agreed to. the age. spiritual and other relations between the parties. There is intimidation when one of the contracting parties is compelled by a reasonable and well-grounded fear of an imminent and grave evil upon his person or property. 1334 696 Art. may vitiate consent.697 There is undue influence when a person takes improper advantage of his power over the will of another. the other is induced to enter into a contract which. or was ignorant or in financial distress. To determine the degree of intimidation. sex and condition of the person shall be borne in mind.696 Violence or intimidation shall annul the obligation.Mutual error as to the legal effect of an agreement when the real purpose of the parties is frustrated. A threat to enforce one's claim through competent authority. constitutes fraud. 1333 Art. 1338 700 Art. without them. descendants or ascendants. serious or irresistible force is employed. if the claim is just or legal. although it may have been employed by a third person who did not take part in the contract. or upon the person or property of his spouse. 1337 699 Art. depriving the latter of a reasonable freedom of choice. to give his consent.695 There is violence when in order to wrest consent. 1339 137 .699 Failure to disclose facts. 1336 698 Art. through insidious words or machinations of one of the contracting parties. as when the parties are bound by confidential relations. 1335 697 Art. family.700 694 695 Art. or the fact that the person alleged to have been unduly influenced was suffering from mental weakness.698 There is fraud when.

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. 1390 138 . These contracts are binding. Incidental fraud only obliges the person employing it to pay damages.705 The following contracts are voidable or annullable. it should be serious and should not have been employed by both contracting parties.701 A mere expression of an opinion does not signify fraud.The usual exaggerations in trade. are not in themselves fraudulent.702 Misrepresentation by a third person does not vitiate consent. 1341 703 Art. when the other party had an opportunity to know the facts. from the time the defect of the consent ceases. 1340 Art. unless such misrepresentation has created substantial mistake and the same is mutual. unless they are annulled by a proper action in court. This period shall begin: In cases of intimidation. They are susceptible of ratification.703 Misrepresentation made in good faith is not fraudulent but may constitute error. unless made by an expert and the other party has relied on the former's special knowledge. intimidation. 1344 706 Art. 1342 704 Art. (2) Those where the consent is vitiated by mistake. 701 702 Art.704 In order that fraud may make a contract voidable. violence. undue influence or fraud. violence or undue influence.706 The action for annulment shall be brought within four (4) years. 1343 705 Art.

nor can those who exerted intimidation. And when the action refers to contracts entered into by minors or other incapacitated persons.710 Ratification does not require the conformity of the contracting party who has no right to bring the action for annulment. 1394 711 Art. 1395 712 Art. from the time the guardianship ceases. However.In case of mistake or fraud.711 Ratification cleanses the contract from all its defects from the moment it was constituted. 1398 139 .708 Ratification may be effected expressly or tacitly. and the price with its interest. It is understood that there is a tacit ratification if. or employed fraud. 1392 709 Art. In obligations to render service.713 An obligation having been annulled.714 707 708 Art. or caused mistake base their action upon these flaws of the contract. with knowledge of the reason which renders the contract voidable and such reason having ceased. except in cases provided by law. the person who has a right to invoke it should execute an act which necessarily implies an intention to waive his right. 1391 Art. violence. or undue influence. 1397 714 Art. 1396 713 Art. from the time of the discovery of the same.707 Ratification extinguishes the action to annul a voidable contract. 1393 710 Art. the contracting parties shall restore to each other the things which have been the subject matter of the contract. the value thereof shall be the basis for damages.709 Ratification may be effected by the guardian of the incapacitated person. persons who are capable cannot allege the incapacity of those with whom they contracted.712 The action for the annulment of contracts may be instituted by all who are thereby obliged principally or subsidiarily. with their fruits.

716 The action for annulment of contracts shall be extinguished when the thing which is the object thereof is lost through the fraud or fault of the person who has a right to institute the proceedings. 1401 718 Art. and 7. those which do not comply with the Statute of Frauds Agreements within the scope of the Statute of Frauds (exclusive list): 1. etc. It refers rather to a collateral promise. Contracts of lease for a period longer than one year. Agreement for the sale of goods. 2.When the defect of the contract consists in the incapacity of one of the parties. subscribed by the party charged or by his agent. Agreement in consideration of marriage other than a mutual promise to marry. 1402 719 Those which cannot be enforced by proper action in court unless they are ratified What contracts are unenforceable 1. 2. 140 . . otherwise. 3.717 As long as one of the contracting parties does not restore what in virtue of the decree of annulment he is bound to return. the other cannot be compelled to comply with what is incumbent upon him. the loss of the thing shall not be an obstacle to the success of the action. 6. he shall return the fruits received and the value of the thing at the time of the loss.715 Whenever the person obliged by the decree of annulment to return the thing cannot do so because it has been lost through his fault. those entered into in the name of another by one without or acting in excess of authority. If the right of action is based upon the incapacity of any one of the contracting parties. Agreements for the sale of real property or interest therein. default or miscarriage of another. 5. at a price not less than P500.00. Representation as to the credit of a third person. 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. 1399 Art. The contracts/agreements under the Statute of Frauds require that the same be evidenced by some note. Agreements not to be performed within one year from the making thereof. unless said loss took place through the fraud or fault of the plaintiff. Special promise to answer for the debt. and 3.this does not refer to the original or independent promise of the debtor to his own creditor. the said contracts shall be unenforceable. those where both parties are incapable of giving consent. 1400 717 Art. 4. with interest from the same date.718 Unenforceable Contracts:719 715 716 Art. memorandum or writing.

but when a sale is made by auction and entry is made by the auctioneer in his sales book. terms of sale. chattels or things in action. Failure to object to the presentation of oral evidence to prove such contracts 2. (d) An agreement for the sale of goods. of the agreement cannot be received without the writing. of the amount and kind of property sold. unless the buyer accept and receive part of such goods and chattels. or by his agent. or the evidences. (b) A special promise to answer for the debt. names of the purchasers and person on whose account the sale is made. or for the sale of real property or of an interest therein. not to those that are partially or completely fulfilled. (2) Those that do not comply with the Statute of Frauds. other than a mutual promise to marry. unless the same. and subscribed by the party charged.The following contracts are unenforceable. or some note or memorandum thereof. Ratification of contracts in violation of the Statute of Frauds 1. (e) An agreement for the leasing for a longer period than one (1) year. The statute of frauds applies only to executory contracts. default. at a price not less than five hundred pesos (P500. or who has acted beyond his powers. 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. or some of them. (c) An agreement made in consideration of marriage. it is a sufficient memorandum. (f) A representation as to the credit of a third person.00). 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. or miscarriage of another. be in writing. price. In the following cases an agreement hereafter made shall be unenforceable by action. of such things in action or pay at the time some part of the purchase money. therefore. Acceptance of benefits under these contracts 141 . at the time of the sale. evidence.

as the case may be.723 When a contract is enforceable under the Statute of Frauds. once the contract has been perfected. or by the acceptance of benefit under them.724 In a contract where both parties are incapable of giving consent. or who has acted beyond his powers. or who has acted beyond his powers. 1405 724 Art. 1406 If the law requires a document or other special form. This right may be exercised simultaneously with the action upon the contract (Art. as the case may be. are ratified by the failure to object to the presentation of oral evidence to prove the same. or unless he has by law a right to represent him. and a public document is necessary for its registration in the Registry of Deeds. referred to in No. shall be unenforceable. of one of the contracting parties shall give the contract the same effect as if only one of them were incapacitated. the contracting parties may compel each other to observe that form. or guardian. shall be unenforceable. A contract entered into in the name of another by one who has no authority or legal representation. before it is revoked by the other contracting party. ratification by the parent.(3) Those where both parties are incapable of giving consent to a contract.722 Contracts infringing the Statute of Frauds. or unless he has by law a right to represent him. 1407 142 . express or implied. If ratification is made by the parents or guardians. A contract entered into in the name of another by one who has no authority or legal representation. expressly or impliedly. of both contracting parties. 2 of Article 1403. No one may contract in the name of another without being authorized by the latter. the contract shall be validated from the inception. 1403 No one may contract in the name of another without being authorized by the latter. expressly or impliedly. the parties may avail themselves of the right under Article 1357. unless it is ratified. by the person on whose behalf it has been executed. by the person on whose behalf it has been executed. 1404 723 Art. unless it is ratified.725 720 721 Art. before it is revoked by the other contracting party 722 Art.720 Unauthorized contracts are governed by Article 1317721 and the principles of agency. 1357) 725 Art.

or contract itself is prohibited or declared void by law. (6) Those where the intention of the parties relative to the principal object of the contract cannot be ascertained. (4) Those whose object is outside the commerce of men. Defect is Defect is caused by Defect is caused by caused by lack of vice of consent injury/ damage essential either to one of the elements or parties of to a 3rd illegality person 726 Those where all of the requisites of a contract are present but the cause. Neither can the right to set up the defense of illegality be waived. (3) Those whose cause or object did not exist at the time of the transaction. or capacity of both parties not cured 1. 727 Art. morals. (2) Those which are absolutely simulated or fictitious. public order or public policy binds the parties to their real agreement. 1409 728 Art. 1346 143 . morals. authority. object or purpose is contrary to law.727 An absolutely simulated or fictitious contract is void.Void Contracts:726 (1) Those whose cause. These contracts cannot be ratified. object or purpose is contrary to law. when it does not prejudice a third person and is not intended for any purpose contrary to law. (5) Those which contemplate an impossible service. good customs. good customs. morals. (7) Those expressly prohibited or declared void by law. A relative simulation.728 Comparative table of defective contracts Void Voidable Rescissible Unenforceable Defect is caused by lack of form. public order or public policy. public order or public policy. good customs.

as a general rule produce any legal effect Valid and enforceable until they are annulled by a competent court Valid and enforceable until they are rescinded by a competent court Cannot be enforced by a proper action in court 3. 1 or 3 of Article 1403 may prescribe 4. Not cured by Cured prescription prescription by Cured prescription by Not cured prescription by 5. if there was total or partial performance of the unenforceable contract under 729 No. Assailed not Assailed only by a Assailed not only by Assailed only by a only by a contracting party a contracting party contracting party contracting party but even by a third but even by a person who is third person prejudiced or whose interest is damaged by the directly affected contract 729 supra 144 . Action for the declaration or nullity or inexistence or defense of nullity or inexistence does not prescribe Action annulment defense annulability prescribe for Action for rescission or may prescribe of may Corresponding action for recovery. Do not.by prescription 2. Cannot ratified be Can be ratified Need not be ratified Can be ratified 6.

The contracting parties must have clearly and deliberately conferred a favor upon a third person. The heir is not liable beyond the value of the property he received from the decedent. their assigns and heirs. 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.7. 1311 145 . Effect of Contracts directly Assailed directly or collaterally Contracts take effect only between the parties. If a contract should contain some stipulation in favor of a third person. or by stipulation or by provision of law. except in case where the rights and obligations arising from the contract are not transmissible by their nature. Assailed Assailed directly or Assailed directly or collaterally only collaterally V.730 730 Art.

may enter into a contract of sale. Parties to a Contract of Sale All persons who are authorized by law to obligate themselves. he must pay a reasonable price therefor. except as it may indicate a defect in the consent. (2) The validity of any contract of sale under statutory power of sale or under the order of a court of competent jurisdiction. and who does not sell them under authority or with the consent of the owner. shall affect: (1) The provisions of any factors' act. with modifications. (3) Purchases made in a merchant's store. however. 735 731 732 Art. Nothing.731 Gross inadequacy of price does not affect a contract of sale. Where necessaries734 are those sold and delivered to a minor or other person without capacity to act. 1505 146 . 1458 Art. or markets. recording laws. A contract of sale may be absolute or conditional. unless the owner of the goods is by his conduct precluded from denying the seller's authority to sell.732 Where goods are sold by a person who is not the owner thereof.733 II. or that the parties really intended a donation or some other act or contract. Definition and Essential Requisites of a Contract of Sale By the contract of sale one of the contracting parties obligates himself to transfer the ownership and to deliver a determinate thing. and the other to pay therefor a price certain in money or its equivalent. the buyer acquires no better title to the goods than the seller had. 1470 733 Art. in accordance with the Code of Commerce and special laws. or in fairs.SALES I. or any other provision of law enabling the apparent owner of goods to dispose of them as if he were the true owner thereof.

Subject Matter The thing must be licit and the vendor must have a right to transfer the ownership thereof at the time it is delivered. 290 which provides: Support is everything that is indispensable for sustenance. take part in the sale. the property of the State or of any subdivision thereof. the property of the estate under administration. 1491 737 Art. (2) Agents. dwelling. the property of the person or persons who may be under his guardianship. the property and rights in litigation or levied upon an execution before the court within whose jurisdiction or territory they exercise their respective functions. (5) Justices.736 III. The prohibitions in the two preceding articles are applicable to sales in legal redemption. and other officers and employees connected with the administration of justice. clothing and medical attendance. either in person or through the mediation of another: (1) The guardian. judges. even at a public or judicial auction. 1459 147 . compromises and renunciations. or of any government-owned or controlled corporation. this prohibition includes the act of acquiring by assignment and shall apply to lawyers. the property whose administration or sale may have been intrusted to them. clerks of superior and inferior courts. (3) Executors and administrators. (6) Any others specially disqualified by law. prosecuting attorneys. unless the consent of the principal has been given. Support also includes the education of the person entitled to be supported until he completes his education or training for some profession. this provision shall apply to judges and government experts who. 1489 736 Art. according to the social position of the family.737 734 refers to Art. trade or vocation. in any manner whatsoever. even beyond the age of majority. 735 Art. with respect to the property and rights which may be the object of any litigation in which they may take part by virtue of their profession. the administration of which has been intrusted to them. or institution. (4) Public officers and employees.The following persons cannot acquire by purchase.

1460 Art. 1463 742 Art. whose acquisition by the seller depends upon a contingency which may or may not happen. The efficacy of the sale of a mere hope or expectancy is deemed subject to the condition that the thing will come into existence. weight or measure of the goods in the mass. If the mass contains less than the number. The sale of a vain hope or expectancy is void. raised.A thing is determinate when it is particularly designated or physical segregated from all others of the same class.742 Things subject to a resolutory condition may be the object of the contract of sale.743 738 739 Art. or goods to be manufactured. 1461 740 Art. By such a sale the buyer becomes owner in common of such a share of the mass as the number." There may be a contract of sale of goods.741 In the case of fungible goods. The requisite that a thing be determinate is satisfied if at the time the contract is entered into.738 Things having a potential existence may be the object of the contract of sale. there may be a sale of an undivided share of a specific mass. and though the number.739 The goods which form the subject of a contract of sale may be either existing goods. 1465 148 . weight or measure bought bears to the number.740 The sole owner of a thing may sell an undivided interest therein. 1462 741 Art. weight or measure bought. and though the number. in this Title called "future goods. weight or measure of the mass. weight or measure of the goods in the mass is undetermined. 1464 743 Art. owned or possessed by the seller. the thing is capable of being made determinate without the necessity of a new or further agreement between the parties. weight or measure of the goods in the mass. the buyer becomes the owner of the whole mass and the seller is bound to make good the deficiency from goods of the same kind and quality. or acquired by the seller after the perfection of the contract of sale. though the seller purports to sell and the buyer to buy a definite number. unless a contrary intent appears.

or acquired by the seller after the perfection of the contract of sale. If the third person or persons acted in bad faith or by mistake. it shall be sufficient that it be so with reference to another thing certain.IV. owned or possessed by the seller. 1462 Art. and who does not sell them under authority or with the consent of the owner. Obligations of the Seller to Transfer Ownership The goods which form the subject of a contract of sale may be either existing goods. unless the parties subsequently agree upon the price. as the case may be." There may be a contract of sale of goods. Should such person or persons be unable or unwilling to fix it. put to the debit of the vendee and agreed to by him. whose acquisition by the seller depends upon a contingency which may or may not happen. unless the owner of the goods is by his conduct precluded from denying the seller's authority to sell.746 V.744 Where goods are sold by a person who is not the owner thereof. Price The sum stipulated as the equivalent of the thing sold and also every incident taken into consideration for the fixing of the price. raised. 1469 149 . except as it may 744 745 Art. Where such third person or persons are prevented from fixing the price or terms by fault of the seller or the buyer. In order that the price may be considered certain. 1505 746 Art. or that the determination thereof be left to the judgment of a special person or persons. 1459 747 Art. the buyer acquires no better title to the goods than the seller had. the party not in fault may have such remedies against the party in fault as are allowed the seller or the buyer.747 Gross inadequacy of price does not affect a contract of sale. the contract shall be inefficacious. the courts may fix the price.745 The thing must be licit and the vendor must have a right to transfer the ownership thereof at the time it is delivered. called "future goods. or goods to be manufactured.

the parties may reciprocally demand performance. and other things shall also be considered certain. subject to the provisions of the law governing the form of contracts. or in such exchange or market. What is a reasonable price is a question of fact dependent on the circumstances of each particular case. or when an amount is fixed above or below the price on such day. the sale is perfected. if the thing or any part thereof has been delivered to and appropriated by the buyer he must pay a reasonable price therefor. 1473 752 Art.752 VI. but the act may be shown to have been in reality a donation.749 The price of securities. or some other act or contract. when the price fixed is that which the thing sold would have on a definite day. However. or in any other manner. provided said amount be certain.751 Where the price cannot be determined. An accepted unilateral promise to buy or to sell a determinate thing for a price certain is binding upon the promisor if the promise is supported by a consideration distinct from the price. 1472 751 Art. or in a particular exchange or market. Formation of Contract of Sale The contract of sale is perfected at the moment there is a meeting of minds upon the thing which is the object of the contract and upon the price. grain. From that moment. or that the parties really intended a donation or some other act or contract.753 A promise to buy and sell a determinate thing for a price certain is reciprocally demandable. the sale is void.indicate a defect in the consent. if the price fixed by one of the parties is accepted by the other. the contract is inefficacious. 1470 Art. liquids.750 The fixing of the price can never be left to the discretion of one of the contracting parties.748 If the price is simulated. However. 1474 753 Art. 1479 150 . 1471 750 Art.754 748 749 Art. 1475 754 Art.

if the thing sold cannot be transferred to the possession of the vendee at the time of the sale. the execution thereof shall be equivalent to the delivery of the thing which is the object of the contract.760 The delivery of movable property may likewise be made by the mere consent or agreement of the contracting parties. 1499 762 Art. when it is placed in the control and possession of the vendee.762 With respect to incorporeal property. 1500 151 . 1497 760 Art. its delivery may also be made by the delivery of the keys of the place or depository where it is stored or kept. the provisions of the first paragraph of article 1498 shall govern.755 VII. as something paid or promised.756 The ownership of the thing sold is acquired by the vendee from the moment it is delivered to him in any of the ways specified in Articles 1497 to 1501.758 The thing sold shall be understood as delivered. 1477 757 See Reference 758 Art. With regard to movable property. 1324 Art. the offer may be withdrawn at any time before acceptance by communicating such withdrawal. 1498 761 Art. 755 756 Art. 1496 759 Art.759 When the sale is made through a public instrument. Transfer of Ownership The ownership of the thing sold shall be transferred to the vendee upon the actual or constructive delivery thereof.757 or in any other manner signifying an agreement that the possession is transferred from the vendor to the vendee. except when the option is founded upon a consideration.761 There may also be tradition constitutum possessorium. if from the deed the contrary does not appear or cannot clearly be inferred. or if the latter already had it in his possession for any other reason.When the offerer has allowed the offeree a certain period to accept. In any other case wherein said provisions are not applicable.

the impairment is to be borne by the creditor.the placing of the titles of ownership in the possession of the vendee or the use by the vendee of his rights.763 VIII. (4) If it deteriorates through the fault of the debtor. the thing which is the object of the contract has been entirely lost. the obligation shall be extinguished. But if the thing should have been lost in part only. paying its price in proportion to the total sum agreed upon. (5) If the thing is improved by its nature. (3) When the thing deteriorates without the fault of the debtor. he shall have no other right than that granted to the usufructuary. the improvement shall inure to the benefit of the creditor. 1189 765 Art. Risk of Loss The following rules shall be observed in case of the improvement. 1263 766 Art. (6) If it is improved at the expense of the debtor. the creditor may choose between the rescission of the obligation and its fulfillment. or disappears in such a way that its existence is unknown or it cannot be recovered. (2) If the thing is lost through the fault of the debtor. shall be understood as a delivery. he shall be obliged to pay damages.765 If at the time the contract of sale is perfected. with indemnity for damages in either case. it is understood that the thing is lost when it perishes.764 In an obligation to deliver a generic thing. the contract shall be without any effect. loss or deterioration of the thing during the pendency of the condition: (1) If the thing is lost without the fault of the debtor. or by time. with the vendor's consent. the loss or destruction of anything of the same kind does not extinguish the obligation. 1493 152 .766 763 764 Art. 1501 Art. or goes out of commerce. the vendee may choose between withdrawing from the contract and demanding the remaining part.

Performance of Contract Where the seller delivers to the buyer a quantity of goods less than he contracted to sell. the buyer may at his option treat the sale: (1) As avoided. the buyer has used or disposed of the goods delivered before he knows that the seller is not going to perform his 767 768 Art. he must pay for them at the contract rate. "quedan. dock warrant. either by indorsement or by delivery. goods represented by such document. and as binding the buyer to pay the agreed price for the goods in which the ownership will pass. as proof of the possession or control of the goods. however. Action for the price 6." or warehouse receipt or order for the delivery of goods. or authorizing or purporting to authorize the possessor of the document to transfer or receive. Special Right of resale 4. Documents of Title "Document of title to goods" includes any bill of lading. 1494 Art. Right of stoppage in transitu after he has parted with the possession of the goods and the buyer becomes insolvent 3. or any other document used in the ordinary course of business in the sale or transfer of goods.767 IX. and the goods without the knowledge of the seller have perished in part or have wholly or in a material part so deteriorated in quality as to be substantially changed in character. Possessory lien over the goods 2.768 X. Special Right to rescind the sale 5. or (2) As valid in all of the existing goods or in so much thereof as have not deteriorated. knowing that the seller is not going to perform the contract in full. but if the buyer accepts or retains the goods so delivered. Remedies of an Unpaid Seller 1. the buyer may reject them. if the sale was divisible. 1636 153 .Where the parties purport a sale of specific goods. Action for damages XI. If.

The provisions of this article are subject to any usage of trade.769 The vendor is bound to deliver the thing sold and its accessions and accessories in the condition in which they were upon the perfection of the contract.contract in full. or course of dealing between the parties. or measure. from the moment of the perfection of the contract to the time of delivery. special agreement.770 Any injury to or benefit from the thing sold. Where the seller delivers to the buyer the goods he contracted to sell mixed with goods of a different description not included in the contract. at the rate of a certain price for a unit of measure or number. made independently and for a single price. the buyer may reject the whole of the goods. 772 The obligation to deliver the thing sold includes that of placing in the control of the vendee all that is mentioned in the contract. the buyer may accept the goods which are in accordance with the contract and reject the rest. number. or measure. the buyer shall not be liable for more than the fair value to him of the goods so received. or without consideration of their weight. 1537 771 See Reference 772 Art. after the contract has been perfected. counted. the buyer may accept the goods included in the contract and reject the rest. Where the seller delivers to the buyer a quantity of goods larger than he contracted to sell. number. the risk shall not be imputed to the vendee until they have been weighed. All the fruits shall pertain to the vendee from the day on which the contract was perfected. Should fungible things be sold for a price fixed according to weight. 1522 Art. If the subject matter is indivisible. and 1262. shall be governed by Articles 1163 to 1165. in conformity with the following rules: If the sale of real estate should be made with a statement of its area. or measured and delivered.771 This rule shall apply to the sale of fungible things. 1480 154 . unless the latter has incurred in delay. the vendor shall be obliged to deliver 769 770 Art. If the buyer accepts the whole of the goods so delivered he must pay for them at the contract rate.

and by which he promises or undertakes to insure that certain facts are or shall be as he then represents. when the inferior value of the thing sold exceeds one-tenth of the price agreed upon. natural tendency of affirmation or promise is to induce buyer to purchase subject matter 3.to the vendee. The same shall be done. Warranties Express warranties: A statement or representation made by the seller of goods. buyer purchases the subject matter relying thereon 155 .773 The actions arising from Articles 1539 and 1542774 shall prescribe in six months. 776 Any affirmation of fact or any promise by the seller relating to the thing is an express warranty if the natural tendency of such affirmation or promise is to induce the buyer to purchase the same. or title of the goods. and if the buyer purchase the thing relying thereon. nor any statement purporting to be a statement of 773 774 Art. if the latter should demand it. the vendee may choose between a proportional reduction of the price and the rescission of the contract. provided that. should this be not possible. but.775 XII. No affirmation of the value of the thing. and failure of which gives rise to an action for its breach. 1543 776 1. Where one party expressly promised that the contingency or some act fixed by the contract shall be performed. shall only take place at the will of the vendee. counted from the day of delivery. in this case. 1539 See reference 775 Art. all that may have been stated in the contract. even when the area is the same. Nevertheless. quality. contemporaneously and as a part of the contract of sale. if the vendee would not have bought the immovable had he known of its smaller area of inferior quality. like a promise that the goods are of a certain kind and character or that certain state of facts would exist. the lack in the area be not less than one-tenth of that stated. he may rescind the sale. having reference to the character. the promise constitutes a warranty. in the latter case. it must be an affirmation of fact or any promise by seller relating to the subject matter of sale 2. if any part of the immovable is not of the quality specified in the contract. The rescission.

the breach of warranty by way of recoupment in diminution or extinction of the price. mortgagee. It may however. for the sale of a thing in which a third person has a legal or equitable interest. 1547 156 . Warranty against eviction b. Warranty against hidden defects c. shall be construed as a warranty. or any charge or encumbrance not declared or known to the buyer. unless the seller made such affirmation or statement as an expert and it was relied upon by the buyer. be waived or modified by express stipulation. Warranty as to Fitness and Merchantability In a contract of sale. (2) Accept or keep the goods and maintain an action against the seller for damages for the breach of warranty.the seller's opinion only. unless a contrary intention appears. 777 778 Art. or other person professing to sell by virtue of authority in fact or law. (De Leon) 779 Art.777 Implied warranties:778 That which the law derives by implication or inference from the nature of the transaction or the relative situation or circumstances of the parties. and that the buyer shall from that time have and enjoy the legal and peaceful possession of the thing. and is deemed incorporated in the contract of sale. a. there is: (1) An implied warranty on the part of the seller that he has a right to sell the thing at the time when the ownership is to pass. 1546 An implied warranty is a natural. (2) An implied warranty that the thing shall be free from any hidden faults or defects. the buyer may.779 Effects of warranties: Where there is a breach of warranty by the seller. pledgee. auctioneer. at his election: (1) Accept or keep the goods and set up against the seller. irrespective of any intention of the seller to create it. not an essential element of a contract. This shall not be held to render liable a sheriff.

782 Art. Breach of Contract 780 781 See Reference Ibid.780 Where the goods have been delivered to the buyer. if the seller refuses to accept an offer of the buyer to return the goods. no other remedy can thereafter be granted. the seller shall be liable to repay so much thereof as has been paid. and maintain an action against the seller for damages for the breach of warranty. such deterioration or injury shall not prevent the buyer from returning or offering to return the goods to the seller and rescinding the sale. or if he fails to return or to offer to return the goods to the seller in substantially as good condition as they were in at the time the ownership was transferred to the buyer. But if deterioration or injury of the goods is due to the breach or warranty. or immediately after an offer to return the goods in exchange for repayment of the price. without prejudice to the provisions of the second paragraph of Article 1191. return them or offer to return them to the seller and recover the price or any part thereof which has been paid.782 XIII. he cannot rescind the sale if he knew of the breach of warranty when he accepted the goods without protest. he shall cease to be liable for the price upon returning or offering to return the goods. When the buyer has claimed and been granted a remedy in anyone of these ways. concurrently with the return of the goods. 1599 157 . such loss. If the price or any part thereof has already been paid. Where the buyer is entitled to rescind the sale and elects to do so.(3) Refuse to accept the goods. is the difference between the value of the goods at the time of delivery to the buyer and the value they would have had if they had answered to the warranty.781 (5) In the case of breach of warranty of quality. the buyer shall thereafter be deemed to hold the goods as bailee for the seller. Where the buyer is entitled to rescind the sale and elects to do so. but subject to a lien to secure the payment of any portion of the price which has been paid. in the absence of special circumstances showing proximate damage of a greater amount. (4) Rescind the contract of sale and refuse to receive the goods or if the goods have already been received. and with the remedies for the enforcement of such lien allowed to an unpaid seller by Article 1526. or if he fails to notify the seller within a reasonable time of the election to rescind.

Even if the injured party sustains no pecuniary loss or is unable to show such loss with sufficient certainty. Confusion or merger of the rights of creditor and debtor. Annulment.783 A breach may be one by non-performance. 4726)788 783 784 Black’s Law Dictionary. 957)787 XVI.784 XIV. or by both. or by interfering with another party's performance. Rescission. 1600 787 see Reference 788 Ibid.785 Sales are extinguished by the same causes as all other obligations and by conventional or legal redemption. Ibid. Other causes: 1. The Subdivision and Condominium Buyers' Protective Decree (P. Loss of the thing due.D.Violation of a contractual obligation by failing to perform one's own promise. 785 Art. Every breach gives rise to a claim for damages. and 4. If a court chooses to ignore a trifling departure. Novation. 3. 9th Ed. 2. he has at least a claim for nominal damages. 158 . and may give rise to other remedies.786 XV. Compensation. No. or by repudiation. Fulfillment of a resolutory condition. Extinguishment of the Sale Obligations are extinguished by: (1) (2) (3) (4) (5) (6) Payment or performance. Condonation or remission of the debt.A. The Condominium Act (R. by repudiating it. there is no breach and no claim arises. Prescription. 1231 786 Art.

General Provisions The inheritance includes all the property.SUCCESSION I. 779 792 Art. of a person are transmitted through his death to another or others either by his will or by operation of law. 778 791 Art. 776 Art.791 Mixed succession is that effected partly by will and partly by operation of law.790 Testamentary succession is that which results from the designation of an heir. or (3) Mixed. 780 793 Art. (2) Legal or intestate.793 789 790 Art. rights and obligations to the extent of the value of the inheritance. 792 Succession is a mode of acquisition by virtue of which the property. made in a will executed in the form prescribed by law. rights and obligations of a person which are not extinguished by his death. 774 159 .789 Succession may be: (1) Testamentary.

"Decedent" is the general term applied to the person whose property is transmitted through succession.798 The testator may not make a testamentary disposition in such manner that another person has to determine whether or not it is to be operative. 777 797 Art. with the formalities prescribed by law. it cannot be left in whole or in part to the discretion of a third person. to control to a certain degree the disposition of this estate. and also the 794 795 Art. If he left a will. 783 799 Art. 781 796 Art.797 II. or the determination of the portions which they are to take. 785 160 . whether or not he left a will. devisees or legatees. 782 798 Art. he is also called the testator. 787 800 Art.800 The duration or efficacy of the designation of heirs. or accomplished through the instrumentality of an agent or attorney.796 An heir is a person called to the succession either by the provision of a will or by operation of law. cannot be left to the discretion of a third person. when referred to by name.794 The inheritance of a person includes not only the property and the transmissible rights and obligations existing at the time of his death. but also those which have accrued thereto since the opening of the succession. Testamentary Succession A will is an act whereby a person is permitted.795 The rights to the succession are transmitted from the moment of the death of the decedent.801 The testator may entrust to a third person the distribution of specific property or sums of money that he may leave in general to specified classes or causes.799 The making of a will is a strictly personal act. 775 Art. to take effect after his death. 784 801 Art. Devisees and legatees are persons to whom gifts of real and personal property are respectively given by virtue of a will.

or dispose of all the property belonging to the testator.803 All persons who are not expressly prohibited by law may make a will. If a person dies with a void will 3. Rule of Proximity – the relative nearest in degree excludes the farther one 2. and without the authority of the court.806 III. 795 804 Art. If a person dies without a will 2.802 The validity of a will as to its form depends upon the observance of the law in force at the time it is made. 802 806 Art. 803 807 Fundamental underlying principles in legal or intestate succession: 1.808 5. 786 Art.805 A married woman may dispose by will of all her separate property as well as her share of the conjugal partnership or absolute community property. When the will does not institute an heir to.804 A married woman may make a will without the consent of her husband.designation of the persons. If a person dies with a will which has subsequently lost its validity 4. Rule of Equal Division – the relatives who are in the same degree shall inherit in equal shares 808 Legal succession shall take place only with respect to the property of which the testator has not disposed 161 . 796 805 Art. If the suspensive condition attached to the institution of the heir does not happen or is not fulfilled 802 803 Art. Legal or Intestate Succession Legal or intestate succession807 takes place: 1. institutions or establishments to which such property or sums are to be given or applied.

960 Art. subject to the provisions of Article 1006811 with respect to relatives of the full and half blood. The former unites the head of the family with those who descend from him.810 In every inheritance. 964 162 . 962 814 Art. A direct line is that constituted by the series of degrees among ascendants and descendants. one-half shall go to the paternal and the other half to the maternal ascendants. If the heir repudiates the inheritance. except in cases provided in the Code. and no right of accretion takes place 8. the former shall be entitled to a share double that of the latter. 813 Art. saving the right of representation when it properly takes place. the relative nearest in degree excludes the more distant ones. should they be of different lines but of equal degree.813 Proximity of relationship is determined by the number of generations. par. in the surviving spouse. Relatives in the same degree shall inherit in equal shares. but who come from a common ancestor. Each generation forms a degree. 2. 961 811 Should brother and sisters of the full blood survive together with brothers and sisters of the half blood. there being no substitution. In each line the division shall be made per capita.809 In default of testamentary heirs. If the heir dies before the testator.814 A series of degrees forms a line.812 concerning division between the paternal and maternal lines. 812 Should there be more than one of equal degree belonging to the same line they shall divide the inheritance per capita. 809 810 Art. A collateral line is that constituted by the series of degrees among persons who are not ascendants and descendants. which may be either direct or collateral. the law vests the inheritance in the legitimate and illegitimate relatives of the deceased. 963 815 Art. and in the State. When the heir instituted is incapable of succeeding.815 The direct line is either descending or ascending. and of Article 987.6. 7.

966 818 Art. by virtue of which the representative is raised to the place and the degree of the person represented. and acquires the rights which the latter would have if he were living or if he could have inherited. or by all the nearest relatives called by law to succeed. 971 163 . and one or some of them are unwilling or incapacitated to succeed. 968 820 Art. should there be several. but not the same mother. ascent is made to the common ancestor. 969 821 Art. his portion shall accrue to the others of the same degree. 970 822 Art.819 If the inheritance should be repudiated by the nearest relative. Thus. excluding the progenitor. Half-blood relationship is that existing between persons who have the same father. the child is one degree removed from the parent. 965 Art. and so forth. should there be one only. four from his first cousin. 967 819 Art.818 If there are several relatives of the same degree. who is the brother of his father. as many degrees are counted as there are generations or persons. and three from the greatgrandparent. In the direct line. two from the grandfather. In the collateral line. but not the same father. or the same mother.816 In the line.820 Representation is a right created by fiction of law. three from his uncle. ascent is made to the common ancestor and then descent is made to the person with whom the computation is to be made. The representative does not succeed the person represented but the one whom the person represented would have succeeded. a person is two degrees removed from his brother. Thus. those of the following degree shall inherit in their own right and cannot represent the person or persons repudiating the inheritance.821 The representative is called to the succession by the law and not by the person represented.822 816 817 Art.The latter binds a person with those from whom he descends. save the right of representation when it should take place.817 Full blood relationship is that existing between persons who have the same father and the same mother.

in such manner that the representative or representatives shall not inherit more than what the person they represent would inherit. and even if they should come from different marriages. without distinction as to sex or age. 977 829 Art. it is necessary that the representative himself be capable of succeeding the decedent. dividing the inheritance in equal shares. 972 Art. 974 826 Art.829 Legitimate children and their descendants succeed the parents and other ascendants. But if they alone survive. it takes place only in favor of the children of brothers or sisters. 975 827 Art.824 Whenever there is succession by representation.825 When children of one or more brothers or sisters of the deceased survive. 979 831 Art. they shall inherit in equal portions. In the collateral line.830 The children of the deceased shall always inherit from him in their own right. the division of the estate shall be made per stirpes.823 In order that representation may take place. 976 828 Art. if he were living or could inherit.828 Succession pertains. they shall inherit from the latter by representation.827 Heirs who repudiate their share may not be represented.The right of representation takes place in the direct descending line. 978 830 Art. in the first place.831 823 824 Art. if they survive with their uncles or aunts. An adopted child succeeds to the property of the adopting parents in the same manner as a legitimate child. but never in the ascending. 973 825 Art.826 A person may represent him whose inheritance he has renounced. 980 164 . whether they be of the full or half blood. to the descending direct line.

the former shall inherit in their own right.834 In case of the death of an adopted child. survive. In each line the division shall be made per capita. together with illegitimate children. leaving no children or descendants. there should survive descendants of another illegitimate child who is dead. Should there be more than one of equal degree belonging to the same line they shall divide the inheritance per capita. 986 838 Art. to the exclusion of collateral relatives. leaving several heirs. shall be his legal heirs. his parents and relatives by consanguinity and not by adoption. Should one only of them survive. 981 Art. 982 834 Art. should they be of different lines but of equal degree.836 The father and mother. the ascendants nearest in degree shall inherit. and the latter by right of representation. if living. the illegitimate children shall succeed to the entire estate of the deceased.833 If illegitimate children survive with legitimate children.839 If. he or she shall succeed to the entire estate of the child. shall inherit in equal shares. 984 836 Art.835 In default of legitimate children and descendants of the deceased.838 In the absence of legitimate descendants or ascendants. the former shall succeed in their own right and the latter by right of representation.837 In default of the father and mother. 988 165 .Should children of the deceased and descendants of other children who are dead. 985 837 Art. 983 835 Art. and if any one of them should have died.840 832 833 Art. the shares of the former shall be in the proportions prescribed by article 895. his parents and ascendants shall inherit from him.832 The grandchildren and other descendants shall inherit by right of representation. one-half shall go to the paternal and the other half to the maternal ascendants. 987 839 Art. the portion pertaining to him shall be divided among the latter in equal portions.

his father or mother shall succeed to his entire estate. an illegitimate child shall be succeeded by his or her surviving spouse who shall be entitled to the entire estate. and illegitimate children and their descendants. they shall inherit from him share and share alike.842 An illegitimate child has no right to inherit ab intestato from the legitimate children and relatives of his father or mother. 996 848 Art.845 In the absence of legitimate descendants and ascendants. If the widow or widower should survive with brothers and sisters.844 In default of the father or mother. the surviving spouse shall inherit the entire estate. 990 842 Art. the illegitimate children shall divide the inheritance with them. who are both living. who shall inherit by right of representation from their deceased grandparent. whether legitimate or illegitimate.848 840 841 Art.841 If legitimate ascendants are left. 995 847 Art.843 If an illegitimate child should die without issue. 991 843 Art. should there be any. the surviving spouse has in the succession the same share as that of each of the children. and if the child's filiation is duly proved as to both parents.846 If a widow or widower and legitimate children or descendants are left. 992 844 Art. she or he shall inherit one-half of the estate. 997 166 . whatever be the number of the ascendants or of the illegitimate children. either legitimate or illegitimate. and the latter the other half. nephews and nieces. 989 Art. nor shall such children or relatives inherit in the same manner from the illegitimate child. under Article 1001. nephews and nieces. without prejudice to the rights of brothers and sisters.The hereditary rights granted by the two preceding articles to illegitimate children shall be transmitted upon their death to their descendants. and the legitimate parents or ascendants to the other half. 994 846 Art. taking one-half of the estate. the surviving spouse shall be entitled to one-half of the estate.847 When the widow or widower survives with legitimate parents or ascendants. 993 845 Art.

and the illegitimate children or their descendants. they shall inherit in equal shares. the former shall inherit per capita. 853 If there are no descendants. if the surviving spouse gave cause for the separation. the ascendants shall be entitled to one-half of the inheritance.If a widow or widower survives with illegitimate children. and the latter per stirpes. 1001 853 Art. 1000 852 Art.849 When the widow or widower survives with legitimate children or their descendants and illegitimate children or their descendants. 1002 854 Art.850 If legitimate ascendants. 1004 856 Art. who are the children of the descendant's brothers and sisters of the full blood.856 849 850 Art. such widow or widower shall be entitled to one-half of the inheritance. 999 851 Art. 998 Art.855 Should brothers and sisters survive together with nephews and nieces. and illegitimate children are left. 1003 855 Art. whether legitimate or illegitimate. and the other half shall be divided between the surviving spouse and the illegitimate children so that such widow or widower shall have one-fourth of the estate. ascendants. whether legitimate or illegitimate. 1005 167 . and the illegitimate children the other fourth.854 Should the only survivors be brothers and sisters of the full blood. he or she shall not have any of the rights granted in the preceding articles. the collateral relatives shall succeed to the entire estate of the deceased in accordance with the following articles. such widow or widower shall be entitled to the same share as that of a legitimate child. the latter shall be entitled to one-half of the inheritance and the brothers and sisters or their children to the other half.851 Should brothers and sisters or their children survive with the widow or widower.852 In case of a legal separation. to the other half. illegitimate children. or a surviving spouse. the surviving spouse.

860 The right to inherit ab intestato shall not extend beyond the fifth degree of relationship in the collateral line. If the deceased never resided in the Philippines. 1009 861 Art.859 Should there be neither brothers nor sisters nor children of brothers or sisters. in accordance with the rules laid down for brothers and sisters of the full blood.863 After the payment of debts and charges. the whole estate shall be assigned to the respective municipalities or cities where the same is located. 1012 168 . the pertinent provisions of the Rules of Court must be observed. 1010 862 Art.Should brother and sisters of the full blood survive together with brothers and sisters of the half blood. 857 858 Art. 1008 860 Art. the other collateral relatives shall succeed to the estate. 1007 859 Art. Such estate shall be for the benefit of public schools. The court shall distribute the estate as the respective needs of each beneficiary may warrant. 1006 Art. the State shall inherit the whole estate. the former shall be entitled to a share double that of the latter. and the real estate to the municipalities or cities.857 In case brothers and sisters of the half blood. and public charitable institutions and centers. are the only survivors. respectively. all shall inherit in equal shares without distinction as to the origin of the property. 1011 863 Art.858 Children of brothers and sisters of the half-blood shall succeed per capita or per stirpes. the personal property shall be assigned to the municipality or city where the deceased last resided in the Philippines. some on the father's andsome on the mother's side. in such municipalities or cities. The latter shall succeed without distinction of lines or preference among them by reason of relationship by the whole blood. in which the same is situated.861 In default of persons entitled to succeed.862 In order that the State may take possession of the property mentioned in the preceding article.

864 If a person legally entitled to the estate of the deceased appears and files a claim hereto with the court within five (5) years from the date the property was delivered to the State. or on its own motion. order.865 IV. even if the 864 865 Art.The court. (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. Provisions Common to Testate and Intestate Succession Accretion is a right by virtue of which. 1013 Art. or who died before the testator. community. may order the establishment of a permanent trust. the part assigned to the one who renounces or cannot receive his share. organization.866 In order that the right of accretion may take place in a testamentary succession. 1014 866 Art. or the minister of the gospel who extended spiritual aid to him during the same period. such person shall be entitled to the possession of the same. devise or legacy. or if sold. or renounce the inheritance. 1016 169 . at the instance of an interested party. and (2) That one of the persons thus called die before the testator. or institution to which such priest or minister may belong. or to the same portion thereof. when two or more persons are called to the same inheritance. the church. or be incapacitated to receive it. so that only the income from the property shall be used. co-devisees. is added or incorporated to that of his co-heirs. it shall be necessary: (1) That two or more persons be called to the same inheritance. (2) The relatives of such priest or minister of the gospel within the fourth degree. pro indiviso. or co-legatees. 1015 867 Art. the municipality or city shall be accountable to him for such part of the proceeds as may not have been lawfully spent. chapter.867 Persons Incapable of Succeeding: (1) The priest who heard the confession of the testator during his last illness.

parents. (5) Any physician. shall be valid. or any one claiming under such witness. descendants and ascendants. descendant. 868 The following donations shall be void: (1) Those made between persons who were guilty of adultery or concubinage at the time of the donation. 868 869 Art. parents. (2) Any person who has been convicted of an attempt against the life of the testator. (3) Those made to a public officer or his wife. spouse. 1. descendants. in consideration thereof. associations and corporations not permitted by law to inherit. the spouse. In the case referred to in No. or ascendants. surgeon. any provision made by the ward in favor of the guardian when the latter is his ascendant.testator should die after the approval thereof.869 The following are incapable of succeeding by reason of unworthiness: (1) Parents who have abandoned their children or induced their daughters to lead a corrupt or immoral life. 1027 Art. or spouse. and the guilt of the donor and donee may be proved by preponderance of evidence in the same action. the action for declaration of nullity may be brought by the spouse of the donor or donee. nurse. by reason of his office. or children. or attempted against their virtue. (4) Any attesting witness to the execution of a will. brother. nevertheless. his or her spouse. health officer or druggist who took care of the testator during his last illness. (2) Those made between persons found guilty of the same criminal offense. (6) Individuals. or children. 739 170 . sister.

with the intention of dividing the profits among themselves. II. or who supplants. violence. conceals.870 PARTNERSHIP I. (6) Any person who by fraud. should fail to report it to an officer of the law within a month. there is no obligation to make an accusation. Two or more persons may also form a partnership for the exercise of a profession.(3) Any person who has accused the testator of a crime for which the law prescribes imprisonment for six years or more. in general: a) enter into contracts b) acquire and possess property of all kinds c) incur obligations 870 Art. property or industry to a common fund. intimidation. if the accusation has been found groundless. (7) Any person who by the same means prevents another from making a will. according to law. or undue influence should cause the testator to make a will or to change one already made. or from revoking one already made. 1032 171 . this prohibition shall not apply to cases wherein. Contract of Partnership By the contract of partnership two or more persons bind themselves to contribute money. Rights and Obligations of Partnership The partnership can. unless the authorities have already taken action. (4) Any heir of full age who. (5) Any person convicted of adultery or concubinage with the spouse of the testator. or alters the latter's will. (8) Any person who falsifies or forges a supposed will of the decedent. having knowledge of the violent death of the testator.

the limited partner’s surname shall not appear in the firm name unless a. Lo). They become partners by estoppel (PNB v. 1820. he isn’t personally liable as long as he’s not at fault (Art. thing which can’t be kept without deteriorating. before the limited partner became such. if the thing was contributed to be sold.d) bring civil and criminal actions e) be adjudged insolvent even if the individual members be each financially solvent f) bear risk of loss871 g) reimburse872 h) operate under firm name873 i) bound by partner’s admission874 j) bound by notice to partner875 k) liable for wrongful act of partner876 871 Partnership bears the risk: when what is contributed is a fungible thing. Use of deceased partner’s name in law firm: permissible as long as it’s indicated in the firm’s communications that the partner is deceased (Rule 3. 3. 1822. 1846. the paying partner doesn’t have the right of retention if he isn’t paid. Purely industrial partner not liable for losses Exception: when a partner makes admissions for himself only without purporting to act for the partnership Admission by a former partner not admissible in evidence against the partnership. Being a mere agent. answer for obligations contracted in good faith in the partnership’s interest 3. refund disbursements with legal interest 2. and could’ve communicated it to the acting partner (Art. CC) to distinguish the partnership from other entities & from the individual partners. CC) 876 Extent of liability for wrongful acts. 1840. 172 . answer for risks (Art. 1795. a person continuing the partnership after a dissolution uses the firm name/name of deceased partner as part of the name: deceased partner’s individual property isn’t liable for debts contracted (Art. it must be connected with partnership affairs 2. CC) 872 3 obligations of the partnership: 1. omissions of a partner: firm is liable to the same extent as the partner (Art. The partner who acquired it has reason to believe that it be the subject of the business. 1815. But unlike an ordinary agent. CC) 874 Requisites to be admissible against the partnership: 1. Knowledge is acquired by a partner who’s acting in a particular matter. and contributions are appraised in the inventory (Art.02. ( Congco vs. Notice to a partner while already a partner 2. Trillana) 875 Notice to the firm: 1. 873 Every partnership shall operate under a firm name (Art. CC). CC) 2. 1796. CC) and acted within the scope of his authority. CC). Non-members whose names were used: don’t have the rights of a partner but are liable to 3rd persons without notice as partners (Art. CC) Partner = agent. it’s also the surname of a general partner b. CPR) Other rules: 1. 1821. the business had been carried on under a name in which his surname appeared (Art. it’s within the scope of the partner’s authority (Art. 1912. CC) as may be just and equitable under the circumstances according to capital contribution. WON a partner at the time as long as he still remembers the partnership matter 3. 1815.

Right of access and inspection of partnership books 5. CC). the partnership is solidarily liable with the misappropriating partner (Art. from the date they should have been contributed to the time of actual delivery d) To preserve the property with the diligence of a good father of a family pending delivery to the partnership e) To indemnify the partners for any damages caused to it by the retention of the same or by delay in its contribution. Property rights a) His rights in the specific partnership property b) His interest in the partnership c) His right to participate in the management 2. Right to true and full information of all things affecting the partnership 6. Right to reimbursement for amounts advanced to the partnership and to indemnification for risks in consequence of management 3.III. 1823. Obligations: 1. Right to have partnership dissolved under certain conditions. 173 . Right to a formal account of partnership affairs under certain circumstances877 7. 877 The ten (10) year period to demand an accounting by a partner begins at the dissolution of the partnership. Misapplication of money/property resulting in losses: if loss is suffered by the 3rd person who delivered the money/property. With respect to contribution of property a) To contribute what had been promised b) To answer for eviction in case the partnership is deprived of determinate property contributed c) To answer to the partnership for the fruits of the property the contribution of which is delayed. Rights and Obligations of Partners Among Themselves Rights: 1. Right to associate with another person in his share 4.

2. With respect to contribution of money and money converted to personal use a) To contribute on the date due the amount he has undertaken to contribute to the partnership b) To reimburse any amount he may have taken from the partnership coffers and converted to his own personal use c) To pay the agreed or legal interest, if he fails to pay his contribution on time or in case he takes any amount from the common fund and converted to his own personal use d) To indemnify the partnership for the damages caused to it by the delay in the contribution or the conversion of any sum for his personal benefit. 3. Not to Engage in Other Business for Himself Industrial partner- cannot engage in any business for himself unless the partnership expressly permits him to do so. The other partners have the remedy of either excluding the erring partner from the firm or of availing themselves of the benefits which he may have obtained.878 Capitalist partner- The prohibition extends only to any operation which is of the same kind of business in which the partnership is engaged unless there is a stipulation to the contrary.

4. To Contribute Additional Capital As a general rule, a capitalist partner is not bound to contribute to the partnership more than what he agreed to contribute but in case of an imminent loss of the business, and there is no agreement to the contrary, he is under obligation to contribute an additional share to save the venture. If he refuses to contribute, he shall be obliged to sell his interest in the partnership to other partners. 5. Of Managing Partner who Collects Debt

878

The prohibition is absolute and applies whether the industrial partner is to engage in the same business in which the partnership is engaged or in any kind of business. It is clear that the reason for the prohibition exists in both cases, which is to prevent any conflict of interest between the industrial partner and the partnership and to insure faithful compliance by said partner with his prestation ( Evangelista & Co. vs. Abad Santos, 51 SCRA 416, 1973)

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Where a person is separately indebted to the partnership and to the managing partner at the same time, any sum received by the managing partner shall be applied to the two credits in proportion to their amounts, except where he received it entirely for the account of the partnership, in which case the whole sum shall be applied to the partnership credit only. 6. Of Partner Who Receives Share in Partnership Credit A partner who receives, in whole or in part, his share in the partnership, when the others have not collected theirs, shall be obliged, if the debtor should thereafter become insolvent, to bring to the partnership capital what he received even though he may have given receipt for his share only.879 7. Of Partner for Damages to Partnership Every partner is responsible to the partnership for damages suffered by it through his fault. He cannot compensate them with the profits and benefits which he may have earned for the partnership by his industry. 8. Duty to Render Information Partners shall render on demand true and full information of all things affecting the partnership to any partner or the legal representative of any deceased partner of any partner under legal disability. 9. Obligation to account for any benefit and hold as trustee unauthorized personal profits Every partner must account to the partnership for any benefit, and hold as trustee for it any profits derived by him without the consent of the other partners from any transaction connected with the formation, conduct, liquidation of the partnership or form any use by him of its property. IV. Obligations of Partnership/Partners to Third Persons Liability for contractual obligations:880 All partners, including industrial partners, are personally liable with all their property. Their individual liability is pro rata and subsidiary, unless otherwise stipulated
879

Requisites for application of rule: 1) A partner has received, in whole or in part, his share in the partnership credit 2) The other partners have not collected their shares. 3) The partnership debtor has become insolvent. 880 Art. 1816

175

Liability of partnership for acts of partners: a. Acts for apparently carrying on in the usual way the business of the partnership General rule: Act binds the partnership. Exception: Partnership is not bound if: i. acting partner has in fact no authority and ii. the third person knows that the acting partner has no authority b. Acts of Strict Dominion or Ownership881 General rule: Act does not bind the partnership. Exception: Partnership is bound if: i. ii. the act is authorized by all the partners; or they have abandoned the business

c. Acts in contravention of a restriction on authority Partnership is not liable to third persons having actual or presumptive knowledge of the restrictions. Liability arising from partner’s tort or breach of trust: a. Where, by any wrongful act or omission of any partner acting in the ordinary course of business of the partnership or with authority of his copartners, loss or injury is caused to any person, not being a partner in the partnership882 b. Where one partner, acting within the scope of his apparent authority, receives money or property of a third person and misapplies it883 c. Where the partnership, in the course of its business, receives money or property and it is misapplied by any partner while it is in the custody of the partnership884

881 882

Acts which are not apparently for carrying on in the usual way the business of the partnership Art. 1822 883 Art. 1823 884 Ibid Criminal liability of partnership:

176

V.

Dissolution

Change in the relation of the partners caused by any partner ceasing to be associated in carrying on the business.885 It is the point in time when the partners cease to carry on the business together. It represents the demise of a partnership.

Dissolution is caused: (1) Without violation of the agreement between the partners: (a) By the termination of the definite term or particular undertaking specified in the agreement; (b) By the express will of any partner, who must act in good faith, when no definite term or particular is specified; (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, either before or after the termination of any specified term or particular undertaking; (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; (2) In contravention of the agreement between the partners, where the circumstances do not permit a dissolution under any other provision of this article, by the express will of any partner at any time; (3) By any event which makes it unlawful for the business of the partnership to be carried on or for the members to carry it on in partnership; (4) When a specific thing which a partner had promised to contribute to the partnership, perishes before the delivery; in any case by the loss of the thing, when the partner who contributed it having reserved the ownership thereof, has only transferred to the partnership the use or enjoyment of the same; but the partnership shall not be
Partnership liability does not extend to criminal liability where the wrongdoing is regarded as individual in character. But where the crime is statutory, especially when it involves a fine rather than imprisonment, criminal liability may be imposed All partners are solidarily liable with the partnership for any penalty or damage arising from a partnership tort or breach of trust 885 Art. 1828

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dissolved by the loss of the thing when it occurs after the partnership has acquired the ownership thereof; (5) By the death of any partner; (6) By the insolvency of any partner or of the partnership; (7) By the civil interdiction of any partner; (8) By decree of court under the following article.

VI.

Limited Partnership

One formed by two or more persons having as members one or more general partners and one or more limited partners, the latter not being personally liable for the obligations of the partnership.

AGENCY I. Definition of Agency

A contract whereby a person886 binds himself to render some service or to do something in representation or on behalf of another887 with the consent or authority of the latter.888 II. Powers

The agent who acts as such is not personally liable to the party with whom he contracts, unless he expressly binds himself or exceeds the limits of his authority without giving such party sufficient notice of his powers.889 If the agent contracts in the name of the principal, exceeding the scope of his authority, and the principal does not ratify the contract, it shall be void if the party with whom the agent contracted is aware of the limits of the powers granted by the principal. In this case, however, the agent is liable if he undertook to secure the principal's ratification.890

886 887

agent principal 888 Art. 1868 889 Art. 1897 890 Art. 1898

178

or the instructions as regards the agency. In such case. Private or secret orders and instructions of the principal do not prejudice third persons who have relied upon the power of attorney or instructions shown them. 1883 896 The principal is still bound by the acts of the agent just as in case of express agency 179 . or ought to have been. 1. the agent is the one directly bound in favor of the person with whom he has contracted. 1899 Art. neither have such persons against the principal. 893 A third person with whom the agent wishes to contract on behalf of the principal may require the presentation of the power of attorney. 1901 894 Art. The provisions shall be understood to be without prejudice to the actions between the principal and agent.895 III. except when the contract involves things belonging to the principal. either orally or in writing. 1900 893 Art. if such act is within the terms of the power of attorney. even if the agent has in fact exceeded the limits of his authority according to an understanding between the principal and the agent. the principal has no right of action against the persons with whom the agent has contracted.892 A third person cannot set up the fact that the agent has exceeded his powers.from his silence or lack of action. if the principal has ratified. Express vs. as written.894 If an agent acts in his own name. 1902 895 Art. or has signified his willingness to ratify the agent's acts. aware. or his failure to repudiate the agency knowing that another person is 891 892 Art. Implied Agency Express Implied896 One where the agent has been actually One which is implied from the authorized by the principal. the latter cannot set up the ignorance of the agent as to circumstances whereof he himself was. as if the transaction were his own.If a duly authorized agent acts in accordance with the orders of the principal. an act is deemed to have been performed within the scope of the agent's authority.891 So far as third persons are concerned. acts of the principal.

General vs. Special Agency General Agency Special Agency One which comprises all the business of One which comprises one or more specific the principal transactions VI. 180 .acting on his behalf without authority. In the same way. 1993 Siredy Enterprises. vs. Agency by Estoppel One who clothes another with apparent authority as his agent. GR 129039. Third persons cannot be adversely affected by an understanding between the principal and his agent as to the limits of the latter’s authority. GR. Acts of the agent. CA. CA. or from his silence or inaction according to the circumstances. IV. 2. Inc. September 27. Agency Couched in General Terms One which is created in general terms and is deemed to comprise only acts of administration. October 26.898 897 898 Cuison vs. cannot be permitted to deny the authority of such person in good faith. et al. While third persons are bound to inquire into the extent or scope of the agent’s authority. 2002 A third person with whom the agent wishes to contract on behalf of the principal may require the presentation of the power of attorney or the instructions as regards the agency. they are not required to go beyond the terms o f the written power of attorney. and holds him out to the public as such.when he carries out the agency.88531. except private or secret orders. Agency Requiring Special Power of Attorney The scope of the agent’s authority is what appears in the written terms of the power of attorney. and in the honest belief that he is what he appears to be. 897 V. VII. third persons need not concern themselves with instructions given by the principal to his agent outside the written power of attorney.

415 So. 575. 1911 902 Art. Arises where principal by negligence in failing to supervise agent’s affairs. 1910 901 Art. provided the agent is free from all fault. Doctors Hospital of Lake Worth. 2d 443 (1979) Agency by estoppel is defined as "one created by operation of law and established by proof of such acts of the principal as reasonably lead third persons to the conclusion of its existence. Should the agent have advanced them.903 899 Irving v. conversant with business usages and the nature of the particular business. without fault or negligence on his part. should the latter so request.VIII. the sums necessary for the execution of the agency. from the day on which the advance was made. The reimbursement shall include interest on the sums advanced. Inc. Peters Hospital. The question in every case is whether the principal has by his voluntary act placed the agent in such a situation that a person of ordinary prudence. 405 A. As for any obligation wherein the agent has exceeded his power.. the principal must reimburse him therefor. or which he holds the agent out to the public as possessing. Agency by Operation of Law The concept is essentially one of estoppel and has been explained in this manner: "The principal is bound by the acts of his agent with the apparent authority which he knowingly permits the agent to assume. is justified in presuming that such agent has authority to perform the particular act in question. 2d 55 (1982).899 IX.900 When the agent has exceeded his authority. thus justifying others in believing the agent possesses requisite authority 900 Art. Rights and Obligations of Principal The principal must comply with all the obligations which the agent may have contracted within the scope of his authority. the principal is solidarily liable with the agent if the former allowed the latter to act as though he had full powers.902 The principal must also indemnify the agent for all the damages which the execution of the agency may have caused the latter. 901 The principal must advance to the agent. even if the business or undertaking was not successful. St.J. allows agent to exercise powers not granted to him. 1912 181 . the principal is not bound except when he ratifies it expressly or tacitly. 169 N. quoting Arthur v.

or if a partner is appointed manager 903 904 Art. and the two contracts are incompatible with each other.The agent may retain in pledge the things which are the object of the agency until the principal effects the reimbursement and pays the indemnity set forth in the two preceding articles. (4) When it was stipulated that the expenses would be borne by the agent. 1913 Art. they shall be solidarily liable to the agent for all the consequences of the agency.908 X. 1915 906 Art. if the principal was not aware thereof.907 The principal is not liable for the expenses incurred by the agent in the following cases: (1) If the agent acted in contravention of the principal's instructions. (3) When the agent incurred them with knowledge that an unfavorable result would ensue. 1914 905 Art. one of them with the agent and the other with the principal. he alone shall be responsible. unless the latter should wish to avail himself of the benefits derived from the contract. 1917 908 Art.905 When two persons contract with regard to the same thing. If the agent acted in bad faith. or that the latter would be allowed only a certain sum. the principal shall be liable in damages to the third person whose contract must be rejected.904 If two or more persons have appointed an agent for a common transaction or undertaking. that of prior date shall be preferred. 1916 907 Art. if the agent has acted in good faith.906 In the case referred to in the preceding article. Irrevocable Agency An agency cannot be revoked if a bilateral contract depends upon it. 1918 182 . (2) When the expenses were due to the fault of the agent. or if it is the means of fulfilling an obligation already contracted. without prejudice to the provisions of Article 1544.

avoid a litigation or put an end to one already commenced. 914 Art. 1930 913 Agent may withdraw by giving notice to the principal. even if he should withdraw from the agency for a valid reason.914 909 910 Art. 5. 3. unless the agent should base his withdrawal upon the impossibility of continuing the performance of the agency without grave detriment to himself.of a partnership in the contract of partnership and his removal from the management is unjustifiable. insanity or insolvency of the principal or of the agent Withdrawal of the agent913 Accomplishment of the object or the purpose of the agency Revocation Dissolution of the firm or corporation. but must indemnify the principal for damages that he may suffer by reason of such withdrawal. 910 The agent. or in the interest of a third person who has accepted the stipulation in his favor. 6. 1929 912 Art. Modes of Extinguishment 1. if it has been constituted in the common interest of the latter and of the agent. 4. Definition A contract whereby the parties. 1927 Art. If the latter should suffer any damage by reason of the withdrawal.912 XI. 2028 183 .911 The agency shall remain in full force and effect even after the death of the principal. the agent must indemnify him therefor. must continue to act until the principal has had reasonable opportunity to take the necessary steps to meet the situation. 2. by making reciprocal concessions. Expiration of the period Death. 1928 911 Art. civil interdiction. which entrusted or accepted the agency COMPROMISE I.909 The agent may withdraw from the agency by giving due notice to the principal.

the other party may either enforce the compromise or regard it as rescinded and insist upon his original demand.916 If one of the parties fails or refuses to abide by the compromise. Void Compromise No compromise upon the following questions shall be valid: (1) The civil status of persons. Effect The effect and authority of res judicata. Commodatum is essentially gratuitous. (4) Future support. 2037 917 Art.917 CREDIT TRANSACTIONS I. Loan By the contract of loan. in which case the contract is simply called a loan or mutuum. upon the condition that the same amount of the same kind and quality shall be paid. but there shall be no execution except in compliance with a judicial compromise. (3) Any ground for legal separation. 915 916 Art. Simple loan may be gratuitous or with a stipulation to pay interest.II. or money or other consumable thing. (2) The validity of a marriage or a legal separation. one of the parties delivers to another. either something not consumable so that the latter may use the same for a certain time and return it. 2041 184 . (6) Future legitime 915 III. 2035 Art. in which case the contract is called a commodatum. (5) The jurisdiction of courts.

2047 185 . 1996 . 1933 Art. 1934 920 Sequestration 921 Arts.In commodatum the bailor retains the ownership of the thing loaned. the provisions of Section 4. while in simple loan. Deposit A contract constituted from the moment a person receives a thing belonging to another. or by travellers in hotels and inns. binds himself to the creditor to fulfill the obligation of the principal debtor in case the latter should fail to do so. called the guarantor. Title I of this Book shall be observed. Chapter 3. 1968 – 1995 922 Arts. of any calamity. 1734 – 1735 924 Art. ownership passes to the borrower.918 An accepted promise to deliver something by way ofcommodatum or simple loan is binding upon parties.919 II.923 III.922 or by travellers with common carriers. If a person binds himself solidarily with the principal debtor. Voluntary deposit One wherein the delivery is made by the will of the depositor or by two or more persons each of whom believes himself entitled to the thing deposited.924 918 919 Art. but the commodatumor simple loan itself shall not be perfected until the delivery of the object of the contract. with the obligation of safely keeping it and of returning the same.921 Necessary deposit Judicial deposit920 One made in When an attachment compliance with a legal or seizure of property in obligation. In such case the contract is called a suretyship. Guaranty and Suretyship By guaranty a person.2004 923 Arts. or on the occasion litigation is ordered.

Should he have bound himself for more. it must be express and cannot extend to more than what is stipulated therein. including the judicial costs. 2054 932 Art. the provisions of Articles 1236 and 1237 shall apply. 2050 928 Art.A guaranty is gratuitous. a guaranty may be constituted to guarantee the performance of a voidable or an unenforceable contract.929 A guaranty may also be given as security for future debts. or even over his objection. 2055 186 . his obligations shall be reduced to the limits of that of the debtor. 2049 927 Art. but also in favor of the other guarantor. 2048 Art.931 A guaranty is not presumed. the amount of which is not yet known. or without his knowledge. unless there is a stipulation to the contrary.926 If a guaranty is entered into without the knowledge or consent.930 A guarantor may bind himself for less. legal or judicial.928 A guaranty cannot exist without a valid obligation. provided with respect to the latter. both as regards the amount and the onerous nature of the conditions. 2053 931 Art. but shall not thereby bind the conjugal partnership. 2052 930 Art. or against the will of the principal debtor. gratuitous. it shall compromise not only the principal obligation. It may also guarantee a natural obligation. not only in favor of the principal debtor. If it be simple or indefinite.925 A married woman may guarantee an obligation without the husband's consent. that the guarantor shall only be liable for those costs incurred after he has been judicially required to pay. there can be no claim against the guarantor until the debt is liquidated. with the latter's consent.932 925 926 Art. but also all its accessories.927 A guaranty may be conventional. but not for more than the principal debtor. 2051 929 Art. A conditional obligation may also be secured. Nevertheless. It may also be constituted. or by onerous title. except in cases provided by law.

937 Extinguishment of guaranty: 1. 2074 937 Art. The case is excepted where the creditor has required and stipulated that a specified person should be the guarantor. 2075 938 Art. 2056 Art.935 The co-guarantors may set up against the one who paid. The guarantor shall be subject to the jurisdiction of the court of the place where this obligation is to be complied with. capacity to bind himself.936 A sub-guarantor. in the same proportion. even if he should afterwards lose the same through eviction or conveyance of property. the one among them who has paid may demand of each of the others the share which is proportionally owing from him. the creditor may demand another who has all the qualifications required in the preceding article. 2077 187 . Release in favor of one of the guarantors. his share shall be borne by the others. the same defenses which would have pertained to the principal debtor against the creditor. unless the payment has been made by virtue of a judicial demand or unless the principal debtor is insolvent.939 933 934 Art. and which are not purely personal to the debtor. is responsible to the co-guarantors in the same terms as the guarantor. 938 2. benefits all to the extent of the share of the guarantor to whom it has been granted. If the creditor voluntarily accepts immovable or other properties in payment of the debt. The provisions shall not be applicable. 2057 935 Art.One who is obliged to furnish a guarantor shall present a person who possesses integrity.933 If the guarantor should be convicted in first instance of a crime involving dishonesty or should become insolvent.934 When there are two or more guarantors of the same debtor and for the same debt. in case of the insolvency of the guarantor for whom he bound himself. and sufficient property to answer for the obligation which he guarantees. If any of the guarantors should be insolvent. 2073 936 Art. without the consent of the others. 2078 939 Art. including the payer.

if owing. the thing delivered shall be returned with all its fruits and accessions.941 5. 4118. 2079 943 see Reference 944 Art. Act 3135. 2080 Art. and thereafter to the principal of his credit.A. as amended by R. Real Mortgage A contract whereby the debtor secures to the creditor the fulfilment of a principal obligation. Pledge A contract wherein the debtor delivers to the creditor or to a third person a movable or document evidencing incorporeal rights for the purpose of securing fulfillment of a principal obligation with the understanding that when the obligation is fulfilled. mortgages and preferences of the former. Extension granted to the debtor by the creditor without the consent of the guarantor. 6.945 940 941 Art.3. 1231 942 Art. specially subjecting to such security immovable property or real rights over immovable property in case the principal obligation is not complied with at the time stipulated. For the same causes as all other obligations. No.943 VI. When the principal obligation is extinguished. the guarantors even though they are solidarily liable cannot be subrogated to the rights. 2132 945 Art. 2140 188 .940 4.. Antichresis A contract whereby the creditor acquires the right to receive the fruits of an immovable of the debtor. Whenever by some act of the creditor. Chattel Mortgage A contract by virtue of which personal property is recorded in the Chattel Mortgage Register as a security for the performance of an obligation.942 IV. V.944 VII. with the obligation to apply them to the payment of the interest.

so long as they are in the possession of the debtor. on said movables. IX. and if the movable has been resold by the debtor and the price is still unpaid. the following claims or liens shall be preferred: (1) Duties. neither is the right lost by the sale of the thing together with other property for a lump sum. Concurrence and Preference of Credits Concurrence of Credits Preference of Credit Possession by two or more creditors of Right held by a creditor to be preferred in equal rights or privileges over the same the payment of his claim above others out property or all of the property of the of the debtor’s assets debtor With reference to specific movable property of the debtor. provided it has not lost its form. money or securities obtained by them. up to the value of the same. taxes and fees due thereon to the State or any subdivision thereof. power or authority from the latter. 946 see Reference 189 . when the price thereof can be determined proportionally.Act 1508. this right is not lost by the immobilization of the thing by destination.946 VIII. substance and identity. breach of trust. Quasi-contracts Negotiorum Gestio Solutio Indebiti - Arises whenever a person Arises whenever a person voluntarily takes charge of the agency unduly delivers a thing through mistake or management of the business or to another who has no right to demand property of another without any it. the lien may be enforced on the price. on the movables. (2) Claims arising from misappropriation. or malfeasance by public officials committed in the performance of their duties. (3) Claims for the unpaid price of movables sold.

upon the price of the sale. (2) For the unpaid price of real property sold. 2241 190 . upon the fruits harvested. repair. (13) Claims in favor of the depositor if the depositary has wrongfully sold the thing deposited. on the share of each in the fruits or harvest. the following claims. (7) For expenses of salvage. the creditor may demand them from any possessor. mortgages and liens shall be preferred. upon the goods carried. until their delivery and for thirty days thereafter. upon the goods salvaged. but not for money loaned to the guests. (8) Credits between the landlord and the tenant. In the foregoing cases. (9) Credits for transportation. upon the things pledged or mortgaged. safekeeping or preservation of personal property. (6) Claims for laborers' wages. on the goods manufactured or the work done. for the price of the contract and incidental expenses.947 With reference to specific immovable property and real rights of the debtor. or those guaranteed by a chattel mortgage. on the movable thus made. upon the immovable sold. and shall constitute an encumbrance on the immovable or real right: (1) Taxes due upon the land or building. up to the value thereof. but not on money or instruments of credit. repaired. within thirty days from the unlawful seizure. kept or possessed. upon the personal property of the lessee existing on the immovable leased and on the fruits of the same. on the movables belonging to the guest as long as such movables are in the hotel. if the movables to which the lien or preference attaches have been wrongfully taken.(4) Credits guaranteed with a pledge so long as the things pledged are in the hands of the creditor. (12) Credits for rent for one year. (5) Credits for the making. (10) Credits for lodging and supplies usually furnished to travellers by hotel keepers. 947 Art. arising from the contract of tenancy on shares. (11) Credits for seeds and expenses for cultivation and harvest advanced to the debtor.

2242 Art. canals or other works. for the insurance premium for two years. the following claims or credits shall be preferred in the order named: (1) Proper funeral expenses for the debtor. or children under his or her parental authority who have no property of their own. in virtue of a judicial order. upon the immovable preserved or improved. 1.948 The claims or credits enumerated in the two preceding articles shall be considered as mortgages or pledges of real or personal property. upon the real estate mortgaged. (7) Credits annotated in the Registry of Property. reconstruction or repair of buildings. (6) Expenses for the preservation or improvement of real property when the law authorizes reimbursement. (8) Claims of co-heirs for warranty in the partition of an immovable among them. engineers and contractors. and No. of the debtor. 948 949 Art. when approved by the court. upon the property affected. upon said buildings. canals or other works. article 2241. (10) Credits of insurers. (5) Mortgage credits recorded in the Registry of Property. engaged in the construction. canals or other works. as well as of architects. upon the property insured.949 With reference to other property. upon the immovable donated. or liens within the purview of legal provisions governing insolvency. or repair of buildings. real and personal. reconstruction. and only as to later credits. by attachments or executions.(3) Claims of laborers. article 2242. or household helpers for one year preceding the commencement of the proceedings in insolvency. mechanics and other workmen. 1. (2) Credits for services rendered the insolvent by employees. upon the real property thus divided. canals or other works. (9) Claims of donors or real property for pecuniary charges or other conditions imposed upon the donee. 2243 191 . Taxes mentioned in No. masons. laborers. upon said buildings. shall first be satisfied. (4) Claims of furnishers of materials used in the construction.

during the last year preceding the insolvency. and 2242.951 (11) Taxes and assessments due any city or municipality. or (b) in a final judgment. if they have no property of their own. No. No.953 Credits of any other kind or class. and 2242. other than those mentioned in articles 2241. (5) Credits and advancements made to the debtor for support of himself or herself. (8) Legal expenses. and family. shall enjoy no preference. and 2242. (4) Compensation due the laborers or their dependents under laws providing for indemnity for damages in cases of labor accident. (6) Support during the insolvency proceedings. 1. 1.954 950 951 supra ibid 952 ibid 953 Art. No. 1. (9) Taxes and assessments due the national government. 2244 954 Art. (13) Gifts due to public and private institutions of charity or beneficence. if they have been the subject of litigation.(3) Expenses during the last illness of the debtor or of his or her spouse and children under his or her parental authority. and for three months thereafter. No. (7) Fines and civil indemnification arising from a criminal offense. respectively. 2245 192 . other than those referred to in articles 2241. No.950 (10) Taxes and assessments due any province.952 (12) Damages for death or personal injuries caused by a quasi-delict. and expenses incurred in the administration of the insolvent's estate for the common interest of the creditors. No. 1. or illness resulting from the nature of the employment. 1. without special privilege. when properly authorized and approved by the court. (14) Credits which. or by any other right or title not comprised in the four preceding articles. appear in (a) a public instrument. other than those indicated in articles 2241. 1. These credits shall have preference among themselves in the order of priority of the dates of the instruments and of the judgments.

2250 960 supra 961 ibid 962 Art. 2248 958 Art. after the payment of duties. real or personal. 2251 193 . taxes and fees due the State or any subdivision thereof. they shall be satisfied pro rata.959 Those credits which do not enjoy any preference with respect to specific property.958 The excess. if any. However. shall be added to the free property which the debtor may have.960 (2) Common credits referred to in Article 2245961 shall be paid pro rata regardless of dates. and those which enjoy preference. exclude all others to the extent of the value of the immovable or real right to which the preference refers. they shall be satisfied pro rata. after the payment of the credits which enjoy preference with respect to specific property. 2249 959 Art. exclude all others to the extent of the value of the personal property to which the preference refers.957 If there are two or more credits with respect to the same specific real property or real rights.962 LEASE I. as to the amount not paid. for the payment of the other credits. no lease for more than ninety-nine years shall be valid. after the payment of the taxes and assessments upon the immovable property or real right.963 955 956 Art. shall be satisfied according to the following rules: (1) In the order established in Article 2244. 2246 Art.Those credits which enjoy preference with respect to specific movables. 2247 957 Art. Lease of Things One of the parties binds himself to give to another the enjoyment or use of a thing for a price certain and for a period which may be definite or indefinite .955 If there are two or more credits with respect to the same specific movable property.956 Those credits which enjoy preference in relation to specific real property or real rights.

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. 1650 970 Art. unless there is a stipulation to the contrary. Lease of Work or Services One of the parties binds himself to execute a piece of work or to render to the other some service for a price certain. without prejudice to his responsibility for the performance of the contract toward the lessor. but the relations of principal and agent does not exist between them.967 Prohibitions The lessee cannot assign the lease without the consent of the lessor. 1643 Art. in whole or in part. 1651 194 .966 Registration Every lease of real estate may be recorded in the Registry of Property.969 Without prejudice to his obligation toward the sublessor. the lessee may sublet the thing leased. 1648 968 Art.968 IV.964 III. 1649 969 Art.970 963 964 Art. Unless a lease is recorded. Rights and Obligations of Lessor and Lessee When in the contract of lease of things there is no express prohibition. 1646 967 Art. 1644 965 See Reference 966 Art. Lease of Rural and Urban Lands Qualified persons Those not covered within the scope as provided for under Articles 1490 and 1491965 of the Civil Code. it shall not be binding upon third persons.II.

and in the absence of stipulation.The sublessee is subsidiarily liable to the lessor for any rent due from the lessee.974 The lessee is obliged: (1) To pay the price of the lease according to the terms stipulated. in accordance with the terms of the sublease. unless said payments were effected in virtue of the custom of the place. (2) To use the thing leased as a diligent father of a family.975 971 972 Art. Payments of rent in advance by the sublessee shall be deemed not to have been made. However. (3) To pay expenses for the deed of lease.973 The lessor of a business or industrial establishment may continue engaging in the same business or industry to which the lessee devotes the thing leased. (3) To maintain the lessee in the peaceful and adequate enjoyment of the lease for the entire duration of the contract. If the destruction is partial.972 If the thing leased is totally destroyed by a fortuitous event. unless there is a stipulation to the contrary. so far as the lessor's claim is concerned. unless there is a stipulation to the contrary. the lease is extinguished. 1652 Art. according to the custom of the place. 1654 973 Art. devoting it to the use stipulated.971 The lessor is obliged: (1) To deliver the thing which is the object of the contract in such a condition as to render it fit for the use intended. 1656 975 Art. the sublessee shall not be responsible beyond the amount of rent due from him. at the time of the extra-judicial demand by the lessor. (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. to that which may be inferred from the nature of the thing leased. 1657 195 . 1655 974 Art. the lessee may choose between a proportional reduction of the rent and a rescission of the lease.

every usurpation or untoward act which any third person may have committed or may be openly preparing to carry out upon the thing leased. the lessee is obliged to tolerate the work. He is also obliged to advise the owner.979 If during the lease it should become necessary to make some urgent repairs upon the thing leased. of the need of all repairs included in No. which cannot be deferred until the termination of the lease.The lessee may suspend the payment of the rent in case the lessor fails to make the necessary repairs or to maintain the lessee in peaceful and adequate enjoyment of the property leased. through his negligence. 1662 981 supra 196 . with the same urgency. 2 of article 1654. and although during the same. 1658 supra 978 Art. he may rescind the contract if the main purpose of the lease is to provide a dwelling place for the lessee. within the shortest possible time.981 In both cases the lessee shall be liable for the damages which. allowing the contract to remain in force. or only the latter. even if at the time the contract was perfected the former knew of the dangerous condition or waived the right to rescind the lease on account of this condition. the lessee may terminate the lease at once by notifying the lessor. 1659 979 Art.976 If the lessor or the lessee should not comply with the obligations set forth in articles 1654 and 1657. he may be deprived of a part of the premises.977 the aggrieved party may ask for the rescission of the contract and indemnification for damages. although it may be very annoying to him. 976 977 Art.and the part of the property of which the lessee has been deprived.980 The lessee is obliged to bring to the knowledge of the proprietor.including the first forty days . 1660 980 Art. may be suffered by the proprietor. When the work is of such a nature that the portion which the lessee and his family need for their dwelling becomes uninhabitable.978 If a dwelling place or any other building intended for human habitation is in such a condition that its use brings imminent and serious danger to life or health. If the repairs last more than forty days the rent shall be reduced in proportion to the time .

save always when there is a specific stipulation to the contrary.984 The lessee is responsible for the deterioration or loss of the thing leased.985 The lessee is liable for any deterioration caused by members of his household and by guests and visitors.986 The bailor shall refund the extraordinary expenses during the contract for the preservation of the thing loaned. or others which are uncommon. unusual flood. in order to avoid an imminent danger. save what has been lost or impaired by the lapse of time. flood. and which the contracting parties could not have reasonably foreseen. war. or from an inevitable cause.If the lessor fails to make urgent repairs. the law presumes that the lessee received it in good condition. unless there is a stipulation to the contrary.987 V. even though he acted without fault. 1666 985 Art.983 In the absence of a statement concerning the condition of the thing at the time the lease was constituted. Extraordinary fortuitous events are understood to be: fire. storm or other natural calamity. as he received it. 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. earthquake. This burden of proof on the lessee does not apply when the destruction is due to earthquake. unless he proves that it took place without his fault. or by ordinary wear and tear. 1949 197 . If the extraordinary expenses arise on the occasion of the actual use of the thing by the bailee. 1665 984 Art. provided the bailee brings the same to the knowledge of the bailor before incurring them. upon the termination of the lease. they shall be borne equally by both the bailor and the bailee. Special Rules for Lease of Rural/Urban Lands The lessee shall have no right to a reduction of the rent on account of the sterility of the land leased. or by reason of the loss of fruits due to ordinary fortuitous events. the lessee. unless there is proof to the contrary. 1663 Art. except when they are so urgent that the reply to the notification cannot be awaited without danger. pestilence. 1668 987 Art.982 The lessee shall return the thing leased. 1667 986 Art.988 982 983 Art. may order the repairs at the lessor's cost. locusts.

all in accordance with the custom of the place. root or trunk.990 The outgoing lessee shall allow the incoming lessee or the lessor the use of the premises and other means necessary for the preparatory labor for the following year. after appropriate proceedings. The Torrens system does not create or vest title. the provisions on partnership and by the customs of the place.Neither does the lessee have any right to a reduction of the rent if the fruits are lost after they have been separated from their stalk. or which it may yield once. the incoming lessee or the lessor is under obligation to permit the outgoing lessee to do whatever may be necessary for the gathering or harvesting and utilization of the fruits. 1683 992 Art. 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. It 988 989 Art.989 The lease of a piece of rural land. It does not protect a usurper from the true owner. 1682 991 Art.992 The tenant on shares cannot be ejected except in cases specified by law. although two or more years have to elapse for the purpose.991 Land tenancy on shares shall be governed by special laws. 1681 990 Art. reciprocally. 1680 Art. It only confirms and records title already existing and vested. the stipulations of the parties. the court may. direct the issuance of a certificate of title. 1684 993 Art.993 LAND TITLES AND DEEDS I. 1685 198 . upon the landowner’s application. when its duration has not been fixed. Torrens System A system for registration of land under which. and.

1529 which was enacted on June 11. rules and regulations or parts thereof. wildlife. 269 SCRA 159. Cacho v. coal. or timber. This method is also known as the Torrens system of land registration. All lands not otherwise appearing to be clearly within private ownership are presumed to belong to the State. Samia. Act No. 1903 has not been repealed or abrogated but rather. 20. 141 998 Sec. 66 Phil. Act No. waters. indefeasible and imprescriptible. all forces of potential energy. orders. 444 (1938) Act 496 has been amended by P. otherwise known as the Land Registration Act. CA. XII. March 3. v. 1529 999 Sec. It does not permit one to enrich himself at the expense of another994 In order to establish a system of registration by which title recorded became absolute. Regalian Doctrine All lands of the public domain. fisheries. September 10. 1998. 295 SCRA 296. all other natural resources shall not be alienated. CA. 1913996 and the Public Land Law of December 1. flora and fauna. and to further strengthen the Torrens system.1997 199 . all lands of the public domain belong to the State. forests. These are the Cadastral Law of February 11.995 There are two (2) laws ancillary to Act No. 496. P. 496.”998 II.1000 III.999 Under the Regalian doctrine. Art. Presidential Decree No. Citizenship Requirement 994 995 Angeles vs. 1936997 which have been subsequently amended by later legislations. With the exception of agricultural lands. in conflict with any provisions of this decree are hereby repealed or modified accordingly.cannot be a shield for the commission of fraud. Rights acquired under this system are guaranteed by the government which provides an assurance fund to answer for damages to be suffered by persons thru the operation of this system. 1903. and natural resources belong to the state. 1529 was issued to cope with the growing need of updating the Land Registration Act. 1978 996 Act 2259 997 Com. minerals. No. 1987 Constitution 1000 Spouses Reyes et at. 496 of February 1.D. decrees.D. petroleum and other mineral oils. to codify the various other laws relative to registration of real property and real rights. which is the source of any asserted right to ownership of land. Land Registration Act No. was passed and took effect on February 1. 2. “all laws.

and d. However. Where the land has been sold under pacto de retro. have been in open. 3. unless prohibited by the instrument creating the trust. IV. Where the land is owned in common. b. continuous. juridical persons may apply for registration of leased agricultural and disposable lands not exceeding 1. or lease not more than 500 hectares. however. homestead or grant. Those who have acquired ownership of land in any other manner provided for by law. 1987 Constitution) Notwithstanding the prohibition in the 1973 and 1987 Constitutions against private corporations holding lands of the public domain except by lease. exclusive and notorious possession and occupation of alienable and disposable lands of the public domain under a bona fide claim of ownership since June 12. the latter shall be substituted for the applicant and may continue the proceedings. c. or earlier.000 hectares for 25 years renewable for another 25 years. that should the period for redemption expire during the pendency of the registration proceedings and ownership to the property consolidated in the vendee a retro. 14 All these persons must be natural-born Filipino Citizens. Those who. Private corporations may lease not more than 1. by themselves or through their predecessors-in-interest. 1001 1001 Sec. A trustee on behalf of the principal may apply for original registration of any land held in trust by him. all the co-owners shall file the application jointly. Those who have acquired ownership of private lands or abandoned river beds by right of accession or accretion. Original Registration Under PD 1529 a. Those who have acquired ownership of private lands by prescription under the provisions of existing laws.Alienable lands of the public domain: Only Filipino citizens may acquire not more than 12 hectares by purchase. still a private corporation may institute confirmation 200 .000 hectares in area for a period of 25 years and renewable for not more than 25 years. Chapter XII. by way of exception. 1945. (Sec. provided. the vendor a retro may file an application for the original registration of the land.

exclusive. under a bona fide claim of acquisition or ownership. (Dir.1002 V. may have their claims officially established by filing applications for the identification and delineation of their claims with the Ancestral Domains Office. if such applicants or grantees and their heirs have occupied and cultivated said lands continuously since the filing of their applications. at the time of institution of the registration proceedings. of Lands vs. composition or other form of grant of lands of the public domain under the laws and royal decrees then in force and have instituted and prosecuted the proceedings in connection therewith. not received title therefor. exclusive and notorious possession and occupation of lands of the public domain suitable to agriculture. 146 SCRA 509) 1002 Sec. IAC and ACME Plywood.Under CA 141 (a) Those who prior to the transfer of sovereignty from Spain to the prior United States have applied for the purchase. These shall be conclusively presumed to have performed all the conditions essential to a Government grant and shall be entitled to a certificate of title under the provisions of this chapter. or for any other cause. the land was already private land. continuous. Subsequent Registration proceedings under Section 48(b) of Public Land Act if. 53 (b) 201 . and notorious possession and occupation of agricultural lands of the public domain. but have with or without default upon their part. under a bona fide claim of ownership for at least 30 years shall be entitled to the rights granted in sub-section (b) hereof. whether disposable or not. Under RA 8371 Individual and indigenous corporate claimants of ancestral lands which are not within ancestral domains. (b) Those who by themselves or through their predecessors in interest have been in open. (c) Members of the national cultural minorities who by themselves or through their predecessors-in-interest have been in open. An individual or recognized head of a family or clan may file such application in his behalf or in behalf of his family or clan. for at least thirty years immediately preceding the filing of the application for confirmation of title except when prevented by war or force majeure. respectively. continuous.

Possession of public forests on the part of the claimant. streets. and 5. except agricultural. Dealings with Unregistered Lands The system of registration under the Spanish Mortgage Law is hereby discontinued and all lands recorded under said system which are not yet covered by Torrens title shall be considered as unregistered lands.. Sec.. 8. VI. XIV. 4. banks and shores. canals. however long. cannot convert the same into private property 1004 VII. Non-registrable Properties The following lands are not registrable by any private person in his name: 1. rivers. residential and resettlement lands are inalienable. Those devoted to public service such as towns. The Constitution provides that all natural resources. 3344. Mineral lands. Those devoted to public land use such as public roads.Takes place when any deed affecting the land is made of public record after the date of its original registration. all instruments affecting lands originally registered under the Spanish Mortgage Law may be recorded under Section 113 of this Decree. walls and fortresses. 1003 Public forests are non-alienable public lands. commercial and industrial.I. 3. shall continue to remain 1003 1004 Art. 41 Phil. plazas. Hereafter. where incidental matters after original registration may be brought before the land registration court by way of motion or petition filed by the registered owner or a party in interest. 161 (1920) 202 . until the land shall have been brought under the operation of the Torrens system. 2. Those reserved by the government for public or quasi-public purposes. Government of P. as amended by Act No. New Constitution Vano vs. Public forests. The books of registration for unregistered lands provided under Section 194 of the Revised Administrative Code.

conveyance. The Primary Entry Book shall contain. upon the original of the recorded instruments. (b) If. except as between the parties thereto. the file number and the date as well as the hour and minute when the document was received for recording as shown in the Primary Entry Book. on the face of the instrument. shall likewise be admissible to record under this section.D. it appears that it is sufficient in law. mortgage. provided. The recording of the deed and other instruments relating to unregistered lands shall be effected by any of annotation on the space provided therefor in the Registration Book.1006 1005 Sec. P. lease. (d) Tax sale. or other voluntary instrument affecting land not registered under the Torrens system shall be valid.in force. the date. that all instruments dealing with unregistered lands shall henceforth be registered under Section 113 of this Decree. adverse claim and other instruments in the nature of involuntary dealings with respect to unregistered lands. 3. the Register of Deeds shall forthwith record the instrument in the manner provided herein. It shall be understood that any recording made under this section shall be without prejudice to a third party with a better right. among other particulars. with appropriate annotation. (c) After recording on the Record Book. the nature of the document. returning to the registrant or person in interest the duplicate of the instrument. he shall collect the same amount of fees prescribed for similar services for the registration of deeds or instruments concerning registered lands. the Register of Deeds shall endorse among other things. (a) The Register of Deeds for each province or city shall keep a Primary Entry Book and a Registration Book. attachment and levy. In case the Register of Deeds refuses its administration to record. said official shall advise the party in interest in writing of the ground or grounds for his refusal. and the latter may appeal the matter to the Commissioner of Land Registration in accordance with the provisions of Section 117 of this Decree.1005 No deed. hour and minute it was presented and received. (e) For the services to be rendered by the Register of Deeds under this section. the names of the parties. after the same shall have been entered in the Primary Entry Book. 1529 203 . notice of lis pendens. if made in the form sufficient in law. unless such instrument shall have been recorded in the manner herein prescribed in the office of the Register of Deeds for the province or city where the land lies. the entry number. certifying that he has recorded the instrument after reserving one copy thereof to be furnished the provincial or city assessor as required by existing law.

2142 204 . These standards are: 1. 1007 Every person who through an act of performance by another. and observe honesty and good faith. Principles Every person must. and it was unduly delivered through mistake. 113. acquires or comes into possession of something at the expense of the latter without just or legal ground. Art.1008 If something is received when there is no right to demand it.1011 1006 1007 Sec. act with justice. or any other means. the obligation to return it arises. 22 1009 Art. give everyone his due. id. 1008 Art. 20 ( Globe Mackay vs. To give everyone his due. 19 Contains a mere declaration of principles.1009 Certain lawful. To act with justice 2. in the exercise of his rights and in the performance of his duties.TORTS AND DAMAGES Book I--Torts I. The declaration is implemented by Art. voluntary and unilateral acts give rise to the juridical relation of quasi-contract to the end that no one shall be unjustly enriched or benefited at the expense of another. Observe honesty and good faith There is no hard and fast rule to determine whether or not the principle may be invoked. the latter shall be liable for indemnity if through the act or event he was benefited. CA) Sets certain standards which must be observed not only in the exercised of one’s rights but also in the performance of one’s duties. 2154 1010 Art. and 3. shall return the same to him.1010 Even when an act or event causing damage to another's property was not due to the fault or negligence of the defendant.

so long as there is a violation of law and damage resulting therefrom. Classification of Torts A.1014 Negligent Involve voluntary acts or omissions which result in injury to others without intending to cause the same or because the actor fails to exercise due care in performing such acts or omissions. 19. 1016 i.e. 21 There is an act which may be legal but which may be contrary to morals. good customs or public policy shall compensate the latter for the damage.1012 Any person who wilfully causes loss or injury to another in manner that is contrary to morals. the torts mentioned herein are mostly intentional in nature or torts involving malice or bad faith. there is liability for damages under this article. Alt hough this chapter covers negligent acts. products liability. Arts. According to manner of commission: Intentional Include conduct where the actor desires to cause the consequences of his act or believes that the consequences are substantially certain to result from it.23 Art. 1015 Strict liability tort can be committed even if reasonable care was exercised and regardless of the state of mind of the actor at that time. and effect is that “there is a general duty o intentional infliction of emotional distress 1011 1012 Art. CA) 1014 They are found in Chapter 2 of the Preliminary Title of the NCC entitled “Human Relations”. 20 and 21 205 . According to scope: general or specific General Specific The catchall provisions on torts It includes trespass. assault and battery.Every person who. 20 Even if the particular provision of law does not expressly provide for indemnification in case of violation. contrary to law. good customs. provided for in the Civil Code. public order or public policy (Albeson vs.1013 II. 1013 Art. Strict Liability When the person is made liable independent of fault or negligence upon submission of proof of certain facts specified by law.1015 B.1016 The negligence. wilfully or negligently causes damage to another. shall indemnify the latter for the same.

44 1020 Art.1020 B. The Tortfeasor A. Persons Made Responsible for Others 1017 1018 Aquino. As defined. (ii) Other corporations.1019 Juridical persons may acquire and possess property of all kinds. negligent and liability. in conformity with the laws and regulations of their organization. Juridical Persons (i) The State and its political subdivisions. 2005.wed to every person not to cause harm either willfully or negligently . III. partnerships and associations for private interest or purpose to which the law grants a juridical personality. their personality begins as soon as they have been constituted according to law. CA.1018 product liability tort. and 21 are provisions on human relations that “were intended to expand the concept of torts in this jurisdiction by granting adequate legal remedy for the untold number of moral wrongs which is impossible for human foresight to specifically provide for in th e statutes. Articles 19. institutions and entities for public interest or purpose. as well as incur obligations and bring civil or criminal actions. separate and distinct from that of each shareholder.” 1017 . The Direct Tortfeasor 1. 46 206 . 83 SCRA 237 manufacturing and selling defective products 1019 Art. 2. (iii) Corporations. created by law. citing PNB v. torts fall into three different categories: intentional. Natural Persons Refer to human beings. partner or member. et al. 20.

1024 To be liable.97) 207 . The child committed a tortuous act to the damage and prejudice of another person 3. under their authority c. p. Torts and Damages. Guardians: a. or in case of death or incapacity. The child is below twenty‐one (21) years of age 2. c. the manager must be acting as an employer or with the same authority as the owner. 221 1023 Requisites of vicarious liability of Parents: 1. the employer is not liable.1. no matter how short in time is the deviation. or. 2180 Basis: Pater Familias. even if the employer is not engaged in any business or industry 1021 under Art. in the service of the branches in which they are employed. 2009. living in their company 2. If there is deviation from the scope of employment. it must be established that the injurious or tortuous act was committed at the time the employee was performing his functions. living in their company 3. In General a. (Pineda. mother: a. acting within the scope of their assigned tasks c. on the occasion of their functions 4. damages caused by employees and household helpers1025 b. 218-219. Owners and managers1024 of establishments: a. 1025 To make the employer liable. for their employees b. The reason for the master’s liability is the negligence in the supervision of his subordinates. The child lives in the company of the parent concerned whether single or married. Quasi-delicts1021 and the Family Code1022 1. damage caused by minor children1023 b. Employers: a. for minors or incapacitated persons b. Father. 1022 Arts.

FC 208 . Authority and responsibility shall apply to all authorized activities whether inside or outside the premises of the school. entity or institution. The school and administrators are not liable. The student is in the custody of the school authorities as longs as he is under the control and influence of the school and within its premises whether the semester had not yet begun or has already ended. 2180. 6. or the individual.5. Liability attaches to the teacher-in-charge. 218. 1029 Art. 219. 2180 1028 The persons liable shall be exempted from liability if they can prove that they have exercised all the diligence of a good father of a family to prevent damage. for damages caused by their pupils and students or apprentices1026 c. State acting through a special agent and not when the damage has been caused by the official to whom the task done properly pertains. The liability extends to acts committed even outside the school so long as it is an official activity of the school. its administrators and teachers. Exception: It is only the head of the school. Whenever the school or teacher is being made liable. not the teacher who is held liable where the injury is caused in a school of arts and trade. FC if student is no longer a minor – Art. 1027 Art. General rule: The teacher-in-charge is liable for the acts of his students. of arts and trades b.1029 1026 Statutory basis: if student is minor – Art. 2180 makes teachers and heads liable for acts of students and apprentices whether the latter are minors or not. instruction or custody. Teachers or heads of establishments: a. entity or institution engaged in child are shall have special parental authority and responsibility over the minor child while under their supervision. so long as they remain in their custody.1028 The school.academic. the parents and those exercising substitute parental authority are not free from liability because Art. The liability of the teacher subsists whether the school is academic or non. The victim of negligence is likewise required to exercise due care in avoiding injury to himself. The school itself is now solidarily liable with the teacher-in-charge. 219 of the Family Code expressly provides that they are subsidiarily liable. Civil Code Applies also to teachers of academic institutions. Art. Liability is imposed only if the pupil is already in the custody of the teacher or head.1027 – The responsibility shall cease when the persons mentioned prove that they observed all the diligence of a good father of a family to prevent damage.

1031 All the persons who command. Any person who has been injured by reason of a tortious conduct can sue the tortfeasor. 1032 Art. judicial guardians or the persons exercising substitute parental authority over said minor shall be subsidiarily liable. promote.1030 Parents and other persons exercising parental authority shall be civilly liable for the injuries and damages caused by the acts or omissions of their unemancipated children living in their company and under their parental authority subject to the appropriate defenses provided by law. id. id.1034 1030 1031 Art. they are each liable as a principal. 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. or abet the commission of a tort. 209 . without any previous existing lawful relation of which the said act or omission may be said to be a natural outgrowth or incident. if done for their benefit. 183 SCRA 309. 1032 IV. it being unnecessary that the same be actually produced. countenance. or who approve of it after it is done. as the possibility of its production is sufficient. 219. to the same extent and in the same manner as if they have performed the wrongful act themselves. encourage. aid. 2194 1033 People v. 324 1034 Defendants in tort cases can either be natural or artificial being. 221. advice.1033 It is an act or omission producing an injury to another. Act of Omission and its Modalities Any bodily movement tending to produce some effect in the external world . Gonzales. The parents. The primary purpose of a tort action is to provide compensation to a person who was injured by the tortious conduct of the defendant. instigate. Corporations are civilly liable in the same manner as natural persons.Those given the authority and responsibility mentioned shall be principally and solidarily liable for damages caused by the acts or omissions of the unemancipated minor. cooperate in. Art.

VIII. 9th Ed.1037 Include conduct where the actor desires to cause the consequences of his act or believes that the consequences are substantially certain to result from it. Intentional Torts A tort committed by someone acting with general or specific intent.1039 Preventive remedy is available in some cases. produces the injury.1035 VI.V. but wrongful. without which the result would not have occurred. or the doing of something which a prudent and reasonable man would not do. Proximate Cause That cause which in natural and continuous sequence. They are found in Chapter 2 of the Preliminary Title of the NCC entitled “Human Relations.” Although this chapter covers negligent acts. Primary cause remains the proximate cause even if there is an intervening cause which merely cooperated with the primary cause and which did not break the chain of causation. the torts mentioned herein are mostly intentional in nature or torts involving malice or bad faith. unbroken by any efficient intervening cause. of the time and place. which act must be not only hurtful.1036 An act causing damage. guided by those considerations which ordinarily regulate the conduct of human affairs. 1173 1035 210 . would do.1038 The omission to do something which a reasonable man. 1037 Blacks’ Law Dictionary. 1036 Black’s Law Dictionary. There must be damnum et injuria. Negligence The omission of that degree of diligence which is required by the nature o f the obligation and corresponding to the circumstances of the persons. VII. Legal Injury The violation of a legal right. 1038 Art. 9th Ed.

2005. c) the time it was put into circulation. A product is not considered defective because another better quality product has been placed in the market. CA.. and any importer. b) use and hazards reasonably expected of it. Manufacturers or Processors Defects resulting from design. Consumer Act1041 Any Filipino or foreign manufacturer. shall be liable for redress. presentation or packing of their products. formulas and handling and making up. construction. taking relevant circumstances into consideration. assembly and erection. 667. 3) The defective product was the cause of his injury. 1039 1040 Philippine Bank of Commerce v. T. formulas and handling and making up. presentation or packing of their products. warranty. assembly and erection. A product is defective when it does not offer the safety rightfully expected of it. as well as for the insufficient or inadequate information on the use and hazards thereof The plaintiff should allege and prove that: 1) The product was defective. for damages caused to consumers by defects resulting from design. construction. 676 (1997) Law which governs the liability of manufacturers and sellers for damages resulting from defective products.) Based on fraud. 7394 211 . as well as for the insufficient or inadequate information on the use and hazards thereof. independently of fault. Torts and Damages. negligence or strict liability 1041 R. Second Ed.A. producer.Involve voluntary acts or omissions which result in injury to others without intending to cause the same or because the actor fails to exercise due care in performing such acts or omissions. Special Liability in Particular Activities Products Liability1040 1. It is meant to protect the consumers by providing safeguards when they purchase or use consumer products (Aquino. IX. manufacture. manufacture. including but not limited to: a) presentation of product. 2) The product was manufactured by the defendant. 336 Phil.

without clear identification of the manufacturer. b) that although it did place the product on the market such product has no defect. The service is defective when it does not provide the safety the consumer may rightfully expect of it. b) the product is supplied. taking the relevant circumstances into consideration.1042 The tradesman/seller is likewise liable when. builder or importer. for damages caused to consumers by defects relating to the rendering of the services. 99 212 . The party making payment to the damaged party may exercise the right to recover a part of the whole of the payment made against the other responsible parties. c) the time when it was provided. c) he does not adequately preserve perishable goods. A service is not considered defective because of the use or introduction of new techniques. independently of fault. 98 1044 Art. producer or importer shall not be held liable when it evidences: a) that it did not place the product on the market. builder.The manufacturer. including but not limited to: a) the manner in which it is provided.1043 The service supplier is liable for redress. c) that the consumer or a third party is solely at fault. producer or importer. producer. in accordance with their part or responsibility in the cause of the damage effected. a) it is not possible to identify the manufacturer. as well as for insufficient or inadequate information on the fruition and hazards thereof. b) that the consumer or third party is solely at fault. The supplier of the services shall not be held liable when it is proven: a) that there is no defect in the service rendered. b) the result of hazards which may reasonably be expected of it.1044 1042 1043 Art. builder. 97 Art.

mark or model. and for those resulting from inconsistency with the information provided on the container. c) the replacement of the product by another of the same kind. If the imperfection is not corrected within thirty (30) days. the replacement of the imperfect parts may jeopardize the product quality or characteristics. If the consumer opts for the alternative under sub-paragraph (a) and replacement of the product is not possible. but such shall not be less than seven (7) nor more than one hundred and eighty (180) days. third and fourth paragraphs.The suppliers of durable or nondurable consumer products are jointly liable for imperfections in quality that render the products unfit or inadequate for consumption for which they are designed or decrease their value. the consumer having powers to demand.1045 Suppliers are jointly liable for imperfections in the quantity of the product when. thus decreasing its value. packaging. Any difference in price that may result thereof shall be supplemented or reimbursed by the party which caused the damage. in a perfect state of use. without prejudice to the provisions of the second. their net content is less than that indicated on the container. without said imperfections. at his own option: a) the proportionate price b) the supplementing of weight or measure differential. with due regard to the variations resulting from their nature. packaging. 100 213 . c) a proportionate price reduction. 1045 Art. The parties may agree to reduce or increase the term specified in the immediately preceding paragraph. the consumer may alternatively demand at his option: a) the replacement of the product by another of the same kind. it may be replaced by another of a different kind. in due regard for variations inherent thereto. alternatively. without prejudice to any losses and damages. mark or model. labels or publicity messages/advertisement. The consumer may make immediate use of the foregoing alternatives when by virtue of the extent of the imperfection. b) the immediate reimbursement of the amount paid. the consumer being able to demand replacement to the imperfect parts. with monetary updating. labeling or advertisement.

c) a proportionate price reduction. as provided for in this and in the preceding Articles. 104 1050 Art.1046 The service supplier is liable for any quality imperfections that render the services improper for consumption or decrease their value. 105 214 . or those that maintain the manufacturer's technical specifications unless.1047 When services are provided for the repair of any product. with monetary updating without prejudice to losses and damages if any.1050 The stipulation in a contract of a clause preventing. with monetary updating without prejudice to losses and damages. 101 Art. Reperformance of services may be entrusted to duly qualified third parties. original replacement parts. new. b) the immediate reimbursement of the amount paid. 103 1049 Art. if any. is hereby prohibited. Improper services are those which prove to be inadequate for purposes reasonably expected of them and those that fail to meet the provisions of this Act regulating service rendering. exonerating or reducing the obligation to indemnify for damages effected. the supplier shall be considered implicitly bound to use adequate. the consumer being entitled to demand alternatively at his option: a) the performance of the services. at the supplier's risk and cost.1049 The legal guarantee of product or service adequacy does not require an express instrument or contractual exoneration of the supplier being forbidden.1048 The supplier's ignorance of the quality imperfections due to inadequacy of the products and services does not exempt him from any liability. and for those resulting from inconsistency with the information contained in the offer or advertisement. as regards to the latter by the consumer. 102 1048 Art. otherwise authorized.d) the immediate reimbursement of the amount paid. The provisions of the fifth paragraph of Article 99 shall apply to this Article. The immediate supplier shall be liable if the instrument used for weighing or measuring is not gauged in accordance with official standards. without any additional cost and when applicable. if there is more than one person responsible for 1046 1047 Art.

manager or head. However.the cause of the damage. 106 Art. If the offender is an alien. In case of juridical persons. be subject to a fine of not less than Five thousand pesos (P5. cosmetic. they shall be jointly liable for the redress established in the pertinent provisions of this Act.1051 Any person who shall violate any provision of this Chapter or its implementing rules and regulations with respect to any consumer product which is not food. be deported without further deportation proceedings. or hazardous substance shall upon conviction. Strict Liability When the person is made liable independent of fault or negligence upon submission of proof of certain facts specified by law. builder or importer and the person who incorporated the component or part are jointly liable.000. if the damage is caused by a component or part incorporated in the product or service. the penalty shall be imposed upon its president. 1051 1052 Art.00) and by imprisonment of not more than one (1) year or both upon the discretion of the court.1052 X. its manufacturer. Strict liability tort can be committed even if reasonable care was exercised and regardless of the state of mind of the actor at that time. after payment of fine and service of sentence. he shall. 107 215 .

1054 Willful injury to property may be a legal ground for awarding moral damages if the court should find that.1053 Damages may be recovered: (1) For loss or impairment of earning capacity in cases of temporary or permanent personal injury. The same rule applies to breaches of contract where the defendant acted fraudulently or in bad faith. 2197 Art. be provided with certainty. from the nature of the case. under the circumstances. 2224 216 .1055 Nominal damages are adjudicated in order that a right of the plaintiff.Book II--Damages I. Temperate or moderate.1057 1053 1054 Art. Liquidated. such damages are justly due. which has been violated or invaded by the defendant. or Exemplary or corrective. Moral. 2221 1057 Art. (2) For injury to the plaintiff's business standing or commercial credit. General Considerations Damages may be: (1) (2) (3) (4) (5) (6) Actual or compensatory. may be recovered when the court finds that some pecuniary loss has been suffered but its amount cannot. and not for the purpose of indemnifying the plaintiff for any loss suffered by him.1056 Temperate or moderate damages. Nominal. 2220 1056 Art. which are more than nominal but less than compensatory damages. 2205 1055 Art. may be vindicated or recognized.

1063 Remote and speculative damages are not recoverable. fright. Actual and Compensatory Damages Comprehends not only the value of the loss suffered but also that of the profits which the obligee failed to obtain. moral damages may be recovered if they are the proximate result of the defendant's wrongful act for omission. by way of example or correction for the public good. 2226 Art. 16 1063 Rangas vs.1058 Exemplary or corrective damages are imposed. serious anxiety. but must depend on actual proof that damages had been suffered and on evidence of the actual amount.Liquidated damages are those agreed upon by the parties to a contract. temperate. 22 SCRA 839 1064 Art. is left to the discretion of the court. temperate. 109 Phil. Though incapable of pecuniary computation. the sentimental value of property. social humiliation. except liquidated ones.1064 In the adjudication of moral damages. The assessment of such damages.1060 II. according to the circumstances of each case.1062 Actual damages must be proved and a court cannot rely on speculation. Raya. besmirched reputation.1061 Actual or compensatory damages cannot be presumed but must be duly proved. liquidated or compensatory damages. liquidated or exemplary damages. nominal. to be paid in case of breach thereof.1059 No proof of pecuniary loss is necessary in order that moral. may be adjudicated. Moral Damages Moral damages include physical suffering. 2217 1065 Art. in addition to the moral. 2200 1062 Malonzo vs. may be considered. wounded feelings. 2216 1061 Art. moral shock. 2218 217 . mental anguish. III.1065 1058 1059 Art. real or personal. conjecture or guesswork as to the fact and amount of damages. 2229 1060 Art. and similar injury. Galang.

In seduction. rape and other lascivious acts Victim and parents are included. (6) Illegal search. 29. (3) Seduction. in the order named. 27. (7) Libel. 32. such damages are justly due. 30. 26.1069 1. 32. 2219 1069 Art. NCC1070 3. 2. abduction. (4) Adultery or concubinage. or abused. abduction.When recoverable: In the following and analogous cases: (1) A criminal offense resulting in physical injuries.1066 (10) Acts and actions referred to in Articles 21. 2220 1070 See Reference 1071 supra 218 .1068 Willful injury to property may be a legal ground for awarding moral damages if the court should find that. (5) Illegal or arbitrary detention or arrest. material and moral. (2) Quasi-delicts causing physical injuries. raped. and brothers and sisters may bring the action mentioned in No. 29. The same rule applies to breaches of contract where the defendant acted fraudulently or in bad faith. referred to in No. 9 of this article. 26. or wrongfully interferes with a funeral shall be liable to the family of the deceased for damages. In acts referred to in Arts. 27. 1067 See reference 1068 Art. 21.1067 The parents of the female seduced. 34. 34 & 35. The spouse. rape. (9) Acts mentioned in Article 309. (8) Malicious prosecution. abducted. and 35. may also recover moral damages. or other lascivious acts. descendants. 3 of this article. 28. In cases of malicious prosecution1071 1066 Any person who shows disrespect to the dead. ascendants. under the circumstances. 28. slander or any other form of defamation.

They are damages in name only and are allowed simply in recognition of a technical injury based on a violation of a legal right. Law presumes damage although actual or compensatory damages are not proven. Nominal damages are adjudicated in order that a right of the plaintiff. 2221 Article 2224 Civil Code 1074 Art. temperate damages can and should be awarded on top of actual or compensatory damages. to be paid in case of breach thereof. VI. may be vindicated or recognized.IV. Nominal damages cannot co-exist with actual or compensatory damages. 2226 219 . which are more than nominal but less than compensatory. which has been violated or invaded by the defendant. and not for the purpose of indemnifying the plaintiff for any loss suffered by him.1072 V. Temperate or Moderate Damages These are damages.1073 When awarded In cases where the resulting injury might be continuing and possible future complications directly arising from the injury. while certain to occur are difficult to predict. in such cases there is no incompatibility between actual and temperate damages.1074 1072 1073 Art. Liquidated Damages Those agreed upon by the parties to a contract. Nominal Damages Small sums fixed by the court without regard to the extent of the harm done to the injured party. and may be recovered when the court finds that some pecuniary loss has been suffered but its amount cannot be proved with certainty.

In contracts and quasi-contracts If the defendant acted in a wanton. In criminal offenses When the crime was committed with one or more aggravating circumstances. be allowed upon damages awarded for breach of contract. 2229 1077 Art. in the discretion of the court. Robert Brodett y Pajaro.1076 When recovered: 1. Damages in Case of Death A. in addition to the moral. Jan. Such damages are separate and distinct from fines and shall be paid to the offended party. 2008) 220 . reckless. temperate. In death caused by breach of conduct by a common crime The amount of damages for death caused by a crime or quasi-delict shall be at least three thousand pesos. 2232 1080 As of 2008. 2210 Art. oppressive. 2230 1078 Art. by way of example or correction for the public good.Interest may. 1075 1076 Art.1078 3.1080 even though there may have been mitigating circumstances.1077 2. 18. Exemplary or Corrective Damages Imposed. fraudulent. liquidated or compensatory damages. or malevolent manner.000 (People vs. In crimes and quasi-delicts causing death 1. In quasi-delicts If the defendant acted with gross negligence. it is P75.1075 VII. 2231 1079 Art.1079 VIII.

2206 Damages recoverable in case of death: 1. 2203 221 . (2) If the deceased was obliged to give support according to the provisions of article 291. and the indemnity shall be paid to the heirs of the latter. may demand support from the person causing the death.In addition: (1) The defendant shall be liable for the loss of the earning capacity of the deceased. Medical & Hospital Bills 2. Support. legitimate and illegitimate descendants and ascendants of the deceased may demand moral damages for mental anguish by reason of the death of the deceased. (3) The spouse. Graduation of Damages The party suffering loss or injury must exercise the diligence of a good father of a family to minimize the damages resulting from the act or omission in question.000 b. Minimum amount: P50.1082 Rules: 1. the exact duration to be fixed by the court. In crimes The damages to be adjudicated may be respectively increased or lessened according to the aggravating or mitigating circumstances. if deceased was obliged to give support (for period not more than 5 years) d. for a period not exceeding five years. Loss of earning capacity unless deceased had permanent physical disability not caused by defendant so that deceased had no earning capacity at time of death c.1081 IX. Damages for death a. such indemnity shall in every case be assessed and awarded by the court. the recipient who is not an heir called to the decedent's inheritance by the law of testate or intestate succession. had no earning capacity at the time of his death. Moral damages 1082 Art. unless the deceased on account of permanent physical disability not caused by the defendant.1083 1081 Art.

Nominal with other damages The adjudication of nominal damages shall preclude further contest upon the right involved and all accessory questions. (3) In cases where exemplary damages are to be awarded. or their respective heirs and assigns. Compromise The courts may mitigate the damages to be paid by the losing party who has shown a sincere desire for a compromise. (5) Since the filing of the action. The court may equitably mitigate the damages. quasi-contracts and quasi-delicts. In quasi-delict The contributory negligence of the plaintiff shall reduce the damages that he may recover. In contracts. the defendant has done his best to lessen the plaintiff's loss or injury. Liquidated damages Shall be equitably reduced if they are iniquitous or unconscionable. as between the parties to the suit. 2227 1087 Art. (2) Plaintiff has derived some benefit as a result of the contract. 2204 Art.1088 1083 1084 Art. 2031 222 . (4) The loss would have resulted in any event.1086 5. as in the following instances: (1) Plaintiff himself has contravened the terms of the contract.1087 X. 2214 1085 Art.2. that the defendant acted upon the advice of counsel.1084 3. 2215 1086 Art. Miscellaneous Rules Damages that cannot co-exists 1.1085 4.

223 . to be paid in case of breach thereof. Reference Republic Act No. 8552 1088 1089 Art.2. 2226 1090 supra 1091 Ibid. 2223 Art. temperate. 2013. Nominal Damages1091 Include: Pertinent Supreme Court decisions promulgated up to January 31. liquidated or compensatory1090 Damages that must stand alone 1.1089 Damages that must co-exist 1. Actual and Liquidated Liquidated damages are those agreed upon by the parties to a contract. Exemplary with moral.

(ii) Prevent the child from unnecessary separation from his/her biological parent(s). the State shall provide alternative protection and assistance through foster care or adoption for every child who is neglected. 224 .AN ACT ESTABLISHING THE RULES AND POLICIES ON THE DOMESTIC ADOPTION OF FILIPINO CHILDREN AND FOR OTHER PURPOSES GENERAL PROVISIONS Section 1. (b) In all matters relating to the care. or abandoned." Section 2. his/her interest shall be the paramount consideration in accordance with the tenets set forth in the United Nations (UN) Convention on the Rights of the Child. and the Hague Convention on the Protection of Children and Cooperation in Respect of Intercountry Adoption. understanding and security towards the full and harmonious development of his/her personality. orphaned. Toward this end. Any voluntary or involuntary termination of parental authority shall be administratively or judicially declared so as to establish the status of the child as "legally available for adoption" and his/her custody transferred to the Department of Social Welfare and Development or to any duly licensed and accredited child-placing or childcaring agency. Nationally and Internationally. care. (c) It shall also be a State policy to: (i) Safeguard the biological parent(s) from making hurried decisions to relinquish his/her parental authority over his/her child. which entity shall be authorized to take steps for the permanent placement of the child. UN Declaration on Social and Legal Principles Relating to the Protection and Welfare of Children with Special Reference to Foster Placement and Adoption. Declaration of Policies. custody and adoption of a child. (iv) Conduct public information and educational campaigns to promote a positive environment for adoption. – This Act shall be known as the "Domestic Adoption Act of 1998. – (a) It is hereby declared the policy of the State to ensure that every child remains under the care and custody of his/her parent(s) and be provided with love. Short Title. (iii) Protect adoptive parent(s) from attempts to disturb his/her parental authority and custody over his/her adopted child. Only when such efforts prove insufficient and no appropriate placement or adoption within the child's extended family is available shall adoption by an unrelated person be considered.

receiving applications for adoption. or incompetence to discharge parental responsibilities. parent preparation and post-adoption education and counseling. and (vi) Encourage domestic adoption so as to preserve the child's identity and culture in his/her native land. evaluating the prospective adoptive parents. continuous.(v) Ensure that sufficient capacity exists within government and private sector agencies to handle adoption inquiries. 225 . process domestic adoption applications. (g) "Department" refers to the Department of Social Welfare and Development. and offer adoption-related services including. – For purposes of this Act. and only when this is not available shall intercountry adoption be considered as a last resort. and preparing the adoption home study. freed of the parental authority of his/her biological parent(s) or guardian or adopter(s) in case of rescission of adoption. Definition of Terms. (c) "Voluntarily committed child" is one whose parent(s) knowingly and willingly relinquishes parental authority to the Department. Section 3. substantial. abuse. (d) "Involuntarily committed child" is one whose parent(s). (b) "A child legally available for adoption" refers to a child who has been voluntarily or involuntarily committed to the Department or to a duly licensed and accredited childplacing or child-caring agency. has been permanently and judicially deprived of parental authority due to abandonment. (e) "Abandoned child" refers to one who has no proper parental care or guardianship or whose parent(s) has deserted him/her for a period of at least six (6) continuous months and has been judicially declared as such. but not limited to. the following terms shall be defined as: (a) "Child" is a person below eighteen (18) years of age. (f) "Supervised trial custody" is a period of time within which a social worker oversees the adjustment and emotional readiness of both adopter(s) and adoptee in stabilizing their filial relationship. or repeated neglect. known or unknown. (h) "Child-placing agency" is a duly licensed and accredited agency by the Department to provide comprehensive child welfare services including. but not limited to.

adoption fora and seminars. No binding commitment to an adoption plan shall be permitted before the birth of his/her child. (b) Prospective Adoptive Parent(s) – Counseling sessions. neglected. Section 6. ELIGIBILITY 226 .(i) "Child-caring agency" is a duly licensed and accredited agency by the Department that provides twenty four (24)-hour residential care services for abandoned. (c) Prospective Adoptee – Counseling sessions shall be provided to ensure that he/she understands the nature and effects of adoption and is able to express his/her views on adoption in accordance with his/her age and level of maturity. Counseling and rehabilitation services shall also be offered to the biological parent(s) after he/she has relinquished his/her child for adoption. A period of six (6) months shall be allowed for the biological parent(s) to reconsider any decision to relinquish his/her child for adoption before the decision becomes irrevocable. If such efforts fail. PRE-ADOPTION SERVICES Section 4. Section 5. among others. Support Services. Counseling Service. shall be provided to prospective adoptive parent(s) to resolve possible adoption issues and to prepare him/her for effective parenting. orphaned. Location of Unknown Parent(s). the child shall be registered as a foundling and subsequently be the subject of legal proceedings where he/she shall be declared abandoned. (j) "Simulation of birth" is the tampering of the civil registry making it appear in the birth records that a certain child was born to a person who is not his/her biological mother. Steps shall be taken by the Department to ensure that no hurried decisions are made and all alternatives for the child's future and the implications of each alternative have been provided. – The Department shall develop a pre-adoption program which shall include. among others. causing such child to lose his/her true identity and status. – It shall be the duty of the Department or the child-placing or child-caring agency which has custody of the child to exert all efforts to locate his/her unknown biological parent(s). or voluntarily committed children. – The Department shall provide the services of licensed social workers to the following: (a) Biological Parent(s) – Counseling shall be provided to the parent(s) before and after the birth of his/her child. the above mentioned services.

That the requirements on residency and certification of the alien's qualification to adopt in his/her country may be waived for the following: (i) a former Filipino citizen who seeks to adopt a relative within the fourth (4th) degree of consanguinity or affinity. That his/her country has diplomatic relations with the Republic of the Philippines. at least sixteen (16) years older than the adoptee. Husband and wife shall jointly adopt. or (ii) one who seeks to adopt the legitimate son/daughter of his/her Filipino spouse. of good moral character. or (iii) one who is married to a Filipino citizen and seeks to adopt jointly with his/her spouse a relative within the fourth (4th) degree of consanguinity or affinity of the Filipino spouse. or one spouse adopts the illegitimate son/daughter of the other. However. Who May Adopt. or (iii) if the spouses are legally separated from each other. The requirement of sixteen (16) year difference between the age of the adopter and adoptee may be waived when the adopter is the biological parent of the adoptee. has not been convicted of any crime involving moral turpitude. emotionally and psychologically capable of caring for children. and who is in a position to support and care for his/her children in keeping with the means of the family. (b) Any alien possessing the same qualifications as above stated for Filipino nationals: Provided. and that his/her government allows the adoptee to enter his/her country as his/her adopted son/daughter: Provided. or is the spouse of the adoptee's parent. that he/she has been certified by his/her diplomatic or consular office or any appropriate government agency that he/she has the legal capacity to adopt in his/her country. except in the following cases: (i) if one spouse seeks to adopt the legitimate son/daughter of the other. or (c) The guardian with respect to the ward after the termination of the guardianship and clearance of his/her financial accountabilities. joint parental authority shall be exercised by the spouses. Further. in possession of full civil capacity and legal rights. that he/she has been living in the Philippines for at least three (3) continuous years prior to the filing of the application for adoption and maintains such residence until the adoption decree is entered. or (ii) if one spouse seeks to adopt his/her own illegitimate son/daughter: Provided. 227 . that the other spouse has signified his/her consent thereto. In case husband and wife jointly adopt.Section 7. – The following may adopt: (a) Any Filipino citizen of legal age.

– After being properly counseled and informed of his/her right to give or withhold his/her approval of the adoption. ten (10) years of age or over. (d) The illegitimate sons/daughters.Section 8. ten (10) years of age or over. of the person adopting or to be adopted. of the adopter(s) and adoptee. (e) A child whose adoption has been previously rescinded. or the proper government instrumentality which has legal custody of the child. if any. if any. of the adopter if living with said adopter and the latter's spouse. the court shall require proof that the biological parent(s) has been properly counseled to prevent him/her from making hurried decisions caused by strain or anxiety to give up the child. (d) A person of legal age if. if ten (10) years of age or over. and to sustain that all measures to strengthen the family have been exhausted and that any prolonged stay of the child in his/her own home will be inimical to his/her welfare and interest. Whose Consent is Necessary to the Adoption. the written consent of the following to the adoption is hereby required: (a) The adoptee. PROCEDURE Section 10. That no proceedings shall be initiated within six (6) months from the time of death of said parent(s). Who May Be Adopted. (b) The legitimate son/daughter of one spouse by the other spouse. Section 9. 228 . – The following may be adopted: (a) Any person below eighteen (18) years of age who has been administratively or judicially declared available for adoption. Hurried Decisions. (c) An illegitimate son/daughter by a qualified adopter to improve his/her status to that of legitimacy. prior to the adoption. or (f) A child whose biological or adoptive parent(s) has died: Provided. and (e) The spouse. (b) The biological parent(s) of the child. (c) The legitimate and adopted sons/daughters. – In all proceedings for adoption. if any. if known. or the legal guardian. said person has been consistently considered and treated by the adopter(s) as his/her own child since minority.

for alien adopter(s). the social service office of the local government unit. and after consideration of the case studies. The case study on the adoptee shall establish that he/she is legally available for adoption and that the documents to support this fact are valid and authentic. and that the adoption would redound to the best interest of the adoptee. his/her biological parent(s). – If. During said period. the qualifications of the adopter(s). Decree of Adoption. The case studies and other relevant documents and records pertaining to the adoptee and the adoption shall be preserved by the Department. he/she must complete the six (6)-month trial custody except for those enumerated in Sec. However. Case Study. it shall be the responsibility of the concerned social worker to ensure that the adoptee is registered. If the birth of the adoptee was not registered with the Civil Registry. temporary parental authority shall be vested in the adopter(s). Further. the case study of the adopter(s) shall ascertain his/her genuine intentions and that the adoption is in the best interest of the child. the concerned social worker shall confirm with the Civil Registry the real identity and registered name of the adoptee. that the petition should be denied. as well as the adopter(s). stating the reasons for the reduction of the period. If the child is below seven (7) years of age and is placed with the prospective adopter(s) through a pre-adoption placement authority issued by the Department. and has submitted the report and recommendations on the matter to the court hearing such petition. At the time of preparation of the adoptee's case study. Section 13. a decree of adoption shall be entered which shall be effective as of the date 229 . or any child-placing or child-caring agency has made a case study of the adoptee. Supervised Trial Custody. after the conduct of the case studies. Section 12. The court may motu proprio or upon motion of any party reduce the trial period if it finds the same to be in the best interest of the adoptee. after the publication of the order of hearing has been complied with. – No petition for adoption shall be finally granted until the adopter(s) has been given by the court a supervised trial custody period for at least six (6) months within which the parties are expected to adjust psychologically and emotionally to each other and establish a bonding relationship. 7 (b) (i) (ii) (iii). the court is convinced that the petitioners are qualified to adopt. The Department shall intervene on behalf of the adoptee if it finds. and no opposition has been interposed to the petition. trial custody report and the evidence submitted. the prospective adopter(s) shall enjoy all the benefits to which biological parent(s) is entitled from the date the adoptee is placed with the prospective adopter(s).Section 11. – No petition for adoption shall be set for hearing unless a licensed social worker of the Department.

Section 18. EFFECTS OF ADOPTION Section 16. the law on testamentary succession shall govern. Legitimacy. if the adoptee and his/her biological parent(s) had left a will. Section 15. Succession. Civil Registry Record. the adopter(s) and the adoptee shall have reciprocal rights of succession without distinction from legitimate filiation. – All hearings in adoption cases shall be confidential and shall not be open to the public.the original petition was filed. The original certificate of birth shall be stamped "cancelled" with the annotation of the issuance of an amended birth certificate in its place and shall be sealed in the civil registry records. To this end. – An amended certificate of birth shall be issued by the Civil Registry. restricting the purposes for which it may be used. Section 14. the Department. The decree shall state the name by which the child is to be known. RESCISSION OF ADOPTION 230 . However. attesting to the fact that the adoptee is the child of the adopter(s) by being registered with his/her surname. and support in keeping with the means of the family. the court may merit the necessary information to be released. If the court finds that the disclosure of the information to a third person is necessary for purposes connected with or arising out of the adoption and will be for the best interest of the adoptee. This provision shall also apply in case the petitioner(s) dies before the issuance of the decree of adoption to protect the interest of the adoptee. – Except in cases where the biological parent is the spouse of the adopter. Section 17. the adoptee is entitled to love. as required by the Rules of Court. – In legal and intestate succession. All records. all legal ties between the biological parent(s) and the adoptee shall be severed and the same shall then be vested on the adopter(s). guidance. or any other agency or institution participating in the adoption proceedings shall be kept strictly confidential. and papers relating to the adoption cases in the files of the court. – The adoptee shall be considered the legitimate son/daughter of the adopter(s) for all intents and purposes and as such is entitled to all the rights and obligations provided by law to legitimate sons/daughters born to them without discrimination of any kind. The new birth certificate to be issued to the adoptee shall not bear any notation that it is an amended issue. books. Parental Authority. Confidential Nature of Proceedings and Records.

00). the adopter(s) may disinherit the adoptee for causes provided in Article 919 of the Civil Code. but not more than Two hundred thousand pesos (P200. The court shall order the Civil Registrar to cancel the amended certificate of birth of the adoptee and restore his/her original birth certificate. – (a) The penalty of imprisonment ranging from six (6) years and one (1) day to twelve (12) years and/or a fine not less than Fifty thousand pesos (P50.Section 19. (b) Any person who shall cause the fictitious registration of the birth of a child under the name(s) of a person(s) who is not his/her biological parent(s) shall be guilty of 231 . undue influence.000. or the legal custody of the Department shall be restored if the adoptee is still a minor or incapacitated. Grounds for Rescission of Adoption. However. All the foregoing effects of rescission of adoption shall be without prejudice to the penalties imposable under the Penal Code if the criminal acts are properly proven. – Upon petition of the adoptee. Adoption. Violations and Penalties. if known. improper material inducement. shall not be subject to rescission by the adopter(s). with the assistance of the Department if a minor or if over eighteen (18) years of age but is incapacitated. or other similar acts. or (iii) subjecting or exposing the child to be adopted to danger. being in the best interest of the child. Vested rights acquired prior to judicial rescission shall be respected. or exploitation. Section 20. abuse. the parental authority of the adoptee's biological parent(s). (ii) non-compliance with the procedures and safeguards provided by the law for adoption. fraud. or (d) abandonment and failure to comply with parental obligations. but only as of the date of judgment of judicial rescission.00) at the discretion of the court shall be imposed on any person who shall commit any of the following acts: (i) obtaining consent for an adoption through coercion.000. the adoption may be rescinded on any of the following grounds committed by the adopter(s): (a) repeated physical and verbal maltreatment by the adopter(s) despite having undergone counseling. Effects of Rescission. as guardian/counsel. – If the petition is granted. The reciprocal rights and obligations of the adopter(s) and the adoptee to each other shall be extinguished. Succession rights shall revert to its status prior to adoption. (c) sexual assault or violence. (b) attempt on the life of the adoptee. VIOLATIONS AND PENALTIES Section 21.

in violation of his/her oath of office.000. 232 . when committed by a syndicate or where it involves two (2) or more children shall be considered as an offense constituting child trafficking and shall merit the penalty of reclusion perpetua. documents. Penalties as are herein provided. cases. and/or a fine of not less than Five thousand pesos (P5. simulated the birth of a child shall not be punished for such act: Provided.000.simulation of birth. in addition to the above-prescribed penalties. and processes shall suffer the penalty of imprisonment ranging from one (1) year and one (1) day to two (2) years. rules and regulations: Provided. Any person who shall violate established regulations relating to the confidentiality and integrity of records. Acts punishable under this Article are deemed committed by a syndicate if carried out by a group of three (3) or more persons conspiring and/or confederating with one another in carrying out any of the unlawful acts defined under this Article. shall cooperate in the execution of the abovementioned crime shall suffer the penalties herein prescribed and also the penalty of permanent disqualification. either administrative or criminal. further. Any physician or nurse or hospital personnel who. or functionary concerned shall automatically suffer suspension until the resolution of the case. That such person complies with the procedure as specified in Article IV of this Act and other requirements as determined by the Department. be penalized in accordance with existing civil service laws. at the discretion of the court. Rectification of Simulated Births. and shall be punished by prision mayor in its medium period and a fine not exceeding Fifty thousand pesos (P50. That upon the filing of a case. shall be in addition to any other penalties which may be imposed for the same acts punishable under other laws.00). employee or functionary who shall be found guilty of violating any of the provisions of this Act. and communications of adoption applications. said government official. Section 22. Any government official. That the simulation of birth was made for the best interest of the child and that he/she has been consistently considered and treated by that person as his/her own son/daughter: Provided. Acts punishable under this Article. finally. ordinances. and proclamations. he/she shall be deported immediately after service of sentence and perpetually excluded from entry to the country. – A person who has. or who shall conspire with private individuals shall. When the offender is an alien.000. A penalty lower by two (2) degrees than that prescribed for the consummated offense under this Article shall be imposed upon the principals of the attempt to commit any of the acts herein enumerated. executive orders.00) but not more than Ten thousand pesos (P10.00). That the application for correction of the birth registration and petition for adoption shall be filed within five (5) years from the effectivity of this Act and completed thereafter: Provided. prior to the effectivity of this Act. employee.

or regulation contrary to. modified. 1998 REPUBLIC ACT NO. Section 24. Appropriations. Repealing Clause. Section 26. (d) generate resources to help child-caring and childplacing agencies and foster homes maintain viability. Section 28. or amended accordingly. Approved: February 25. – Within six (6) months from the promulgation of this Act.FINAL PROVISIONS Section 23. Section 27. Adoption Resource and Referral Office. presidential decree or issuance. – This Act shall take effect fifteen (15) days following its complete publication in any newspaper of general circulation or in the Official Gazette. Section 25. Implementing Rules and Regulations. and two (2) private individuals representing child-placing and child-caring agencies shall formulate the necessary guidelines to make the provisions of this Act operative. number. rule. letter of instruction. 8043 233 . – There shall be established an Adoption Resources and Referral Office under the Department with the following functions: (a) monitor the existence. with the Council for the Welfare of Children. administrative order. – Any law. The office shall be manned by adoption experts from the public and private sectors. – Such sum as may be necessary for the implementation of the provisions of this Act shall be included in the General Appropriations Act of the year following its enactment into law and thereafter. executive order. and (e) do policy research in collaboration with the Intercountry Adoption Board and other concerned agencies. the Office of Civil Registry General. – If any provision of this Act is held invalid or unconstitutional. the Department. Effectivity Clause. Separability Clause. the Department of Justice. Office of the Solicitor General. and flow of children legally available for adoption and prospective adopter(s) so as to facilitate their matching. the other provisions not affected thereby shall remain valid and subsisting. (b) maintain a nationwide information and educational campaign on domestic adoption. or inconsistent with the provisions of this Act is hereby repealed. (c) keep records of adoption proceedings.

— As used in this Act. 234 .AN ACT ESTABLISHING THE RULES TO GOVERN INTER-COUNTRY ADOPTION OF FILIPINO CHILDREN. and the decree of adoption is issued outside the Philippines. (d) Secretary refers to the Secretary of the Department of Social Welfare and Development. the term: (a) Inter-country adoption refers to the socio-legal process of adopting a Filipino child by a foreigner or a Filipino citizen permanently residing abroad where the petition is filed. However. (b) Child means a person below fifteen (15) years of age unless sooner emancipated by law. in accordance with the Child and Youth Welfare Code.chan robles virtual law library Sec. (e) Authorized and accredited agency refers to the State welfare agency or a licensed adoption agency in the country of the adopting parents which provide comprehensive social services and which is duly recognized by the Department. recognizing that inter-country adoption may be considered as allowing aliens not presently allowed by law to adopt Filipino children if such children cannot be adopted by qualified Filipino citizens or aliens. 3. (c) Department refers to the Department of Social Welfare and Development of the Republic of the Philippines. (f) Legally-free child means a child who has been voluntarily or involuntarily committed to the Department. — This Act shall be known as the "Inter-Country Adoption Act of 1995. Short Title. AND FOR OTHER PURPOSES. Definition of Terms. — It is hereby declared the policy of the State to provide every neglected and abandoned child with a family that will provide such child with love and care as well as opportunities for growth and development. the supervised trial custody is undertaken. Declaration of Policy. and shall serve and protect his/her fundamental rights. efforts shall be exerted to place the child with an adoptive family in the Philippines. GENERAL PROVISIONS Section 1. Towards this end. 2. the State shall take measures to ensure that intercountry adoptions are allowed when the same shall prove beneficial to the child's best interests." Sec.

THE INTER-COUNTRY ADOPTION BOARD Sec. or prejudicial to the child. (e) Promote the development of adoption services including post-legal adoption.(g) Matching refers to the judicious pairing of the adoptive child and the applicant to promote a mutually satisfying parent-child relationship. hereinafter referred to as the Board to act as the central authority in matters relating to inter-country adoption. As such. detrimental. and (h) Cancel the license to operate and blacklist the child-caring and placement agency or adoptive agency involved from the accreditation list of the Board upon a finding of violation of any provision under this Act. in consultation and coordination with the Department. (d) Prevent improper financial or other gain in connection with an adoption and deter improper practices contrary to this Act. — There is hereby created the Inter-Country Adoption Board. maintain. trafficking and/or sale or any other practice in connection with adoption which is harmful. and facilitate completion of adoption of the child through authorized and accredited agency. adoptive agencies. it shall: (a) Protect the Filipino child from abuse. follow up. It shall act as the policy-making body for purposes of carrying out the provisions of this Act. 4. 235 . as well as non-governmental organizations engaged in child-care and placement activities. The Inter-Country Adoption Board. the different child-care and placement agencies. (f) License and accredit child-caring/placement agencies and collaborate with them in the placement of Filipino children. (b) Collect. (h) Board refers to the Inter-country Adoption Board. and preserve confidential information about the child and the adoptive parents. (g) Accredit and authorize foreign adoption agency in the placement of Filipino children in their own country. exploitation. (c) Monitor.

500) for each meeting attended by them: Provided. further. however. after consultation and upon favorable recommendation of the different agencies concerned with the child-caring. Powers and Functions of the Board. (e) to determine the form and contents of the application for inter-country adoption. 5. one (1) registered social worker and two (2) representatives from non-governmental organizations engaged in child-caring and placement activities. competence and have consistently pursued non-profit objectives to engage in the placement of Filipino children in their own country: Provided. (b) to set the guidelines for the convening of an Inter-country Adoption Placement Committee which shall be under the direct supervision of the Board. and adoption.Sec. That there shall be appointed one (1) psychiatrist or psychologist. (c) to set the guidelines for the manner by which selection/matching of prospective adoptive parents and adoptive child can be made. That such foreign private agencies are duly authorized and accredited by their own government to conduct inter-country adoption:Provided. and six (6) other members to be appointed by the President for a nonrenewable term of six (6) years: Provided. — The Board shall be composed of the Secretary of the Department as ex officio Chairman. Composition of the Board. 6. That no compensation shall be paid for more than four (4) meetings a month. Sec. placement. (g) to institute systems and procedures to prevent improper financial gain in connection with adoption and deter improper practices which are contrary to this Act. (d) to determine a reasonable schedule of fees and charges to be exacted in connection with the application for adoption. two (2) lawyers who shall have at least the qualifications of a regional trial court judge. That the total number of authorized and accredited foreign private adoption agencies shall not exceed one hundred (100) a year. (h) to promote the development of adoption services. 236 . The members of the Board shall receive a per diem allowance of One thousand five hundred pesos (P1. including post-legal adoption services. — The Board shall have the following powers and functions: (a) to prescribe rules and regulations as it may deem reasonably necessary to carry out the provisions of this Act. (i) to accredit and authorize foreign private adoption agencies which have demonstrated professionalism.

particularly as regards coordination with foreign persons. Memoranda of Agreement respecting inter-country adoption consistent with the implementation of this Act and its stated goals. the following documents must be submitted to the Board: (a)Child study. Towards this end. (e)Psychological evaluation. (d)Medical evaluation /history. recommend to the Department of Foreign Affairs. 8. PROCEDURE Sec. 9. — Only a legally free child may be the subject of intercountry adoption. (l) to assist other concerned agencies and the courts in the implementation of this Act. Sec. and thereafter. the Board shall set up the guidelines to ensure that steps will be taken to place the child in the Philippines before the child is placed for inter-country adoption: Provided. international organizations and recognized international non-governmental organizations. review or modify. and (m) to perform such other functions on matters relating to inter-country adoption as may be determined by the President. between and among foreign governments. Inter-Country Adoption as the Last Resort. Who May be Adopted. the natural parents and the adoptive parents at all times. (b)Birth certificate/foundling certificate. and (f)Recent photo of the child. (c)Deed of voluntary commitment/decree of abandonment/death certificate of parents. as necessary. — The Board shall ensure that all possibilities for adoption of the child under the Family Code have been exhausted and that inter-country adoption is in the best interest of the child. entered into. In order that such child may be considered for placement.(j) to take appropriate measures to ensure confidentiality of the records of the child. however. Sec. (k) to prepare. That the maximum number that may be allowed for foreign adoption shall not exceed six hundred (600) a year for the first five (5) years. Who May Adopt. agencies and other entities involved in the process of adoption and the physical transfer of the child. 7. — An alien or a Filipino citizen permanently residing abroad may file an application for inter-country adoption of a Filipino child if he/she: 237 .

which application shall be in accordance with the requirements as set forth in the implementing rules and regulations to be promulgated by the Board. at the time of application unless the adopter is the parent by nature of the child to be adopted or the spouse of such parent: (b) if married. and has undergone the appropriate counseling from an accredited counselor in his/her country. (c) Written consent of their biological or adoptive children above ten (10) years of age. (g) agrees to uphold the basic rights of the child as embodied under Philippine laws.N. (c) has the capacity to act and assume all rights and responsibilities of parental authority under his national laws. 10. and (i) possesses all the qualifications and none of the disqualifications provided herein and in other applicable Philippine laws. (a) Birth certificate of applicant(s). in the form of sworn statement. — An application to adopt a Filipino child shall be filed either with the Philippine Regional Trial Court having jurisdiction over the child. Sec. or with the Board. (f) is in a position to provide the proper care and support and to give the necessary moral values and example to all his children. and divorce decree. if married. including the child to be adopted. (e) is eligible to adopt under his/her national law. Convention on the Rights of the Child. The application shall be supported by the following documents written and officially translated in English. (h) comes from a country with whom the Philippines has diplomatic relations and whose government maintains a similarly authorized and accredited agency and that adoption is allowed under his/her national laws. 238 . in the country of the prospective adoptive parents. if applicable. his/her spouse must jointly file for the adoption.(a) is at least twenty-seven (27) years of age and at least sixteen (16) years older than the child to be adopted. (b) Marriage contract. Where to File Application. through an intermediate agency. whether governmental or an authorized and accredited agency. (d) has not been convicted of a crime involving moral turpitude. the U. and to abide by the rules and regulations issued to implement the provisions of this Act.

(d) Physical. or any one of them. 14. shall form part of the records of the child to be adopted. (f) Police clearance of applicant(s). — The applicant(s) shall bear the following costs incidental to the placement of the child. shall personally fetch the child in the Philippines. The Rules of Court shall apply in case of adoption by judicial proceedings. The clearance. (a) The cost of bringing the child from the Philippines to the residence of the applicant(s) abroad. Pre-adoptive Placement Costs. — The governmental agency or the authorized and accredited agency in the country of the adoptive parents which filed the application for inter-country adoption shall be responsible for the trial custody and the care of the child. (g) Character reference from the local church/minister. and (h) Recent postcard-size pictures of the applicant(s) and his immediate family. the adoptive parents. and assessments collected by the Board in the exercise of its functions shall be used solely to process applications for inter-country adoption and to support the activities of the Board. charges. Sec. — Fees. Sec. Sec. Supervision of Trial Custody. 12. Sec. It shall also provide family counseling and other related services. — No child shall be matched to a foreign adoptive family unless it is satisfactorily shown that the child cannot be adopted locally. and (b) The cost of passport. The trial custody shall be for a period of six (6) months from the time of placement. including all travel expenses within the Philippines and abroad. When the Board is ready to transmit the Placement Authority to the authorized and accredited inter-country adoption agency and all the travel documents of the child are ready. visa. 11. medical examination and psychological evaluation required. Charges and Assessments. Fees.chan robles virtual law library 239 . medical and psychological evaluation by a duly licensed physician and psychologist. and other related expenses. Only after the lapse of the period of trial custody shall a decree of adoption be issued in the said country a copy of which shall be sent to the Board to form part of the records of the child. as issued by the Board. with the copy of the minutes of the meetings. Family Selection/Matching. the applicant's employer and a member of the immediate community who have known the applicant(s) for at least five (5) years. 13. (e) Income tax returns or any document showing the financial capability of the applicant(s).

During the trial custody, the adopting parent(s) shall submit to the governmental agency or the authorized and accredited agency, which shall in turn transmit a copy to the Board, a progress report of the child's adjustment. The progress report shall be taken into consideration in deciding whether or not to issue the decree of adoption. The Department of Foreign Affairs shall set up a system by which Filipino children sent abroad for trial custody are monitored and checked as reported by the authorized and accredited inter-country adoption agency as well as the repatriation to the Philippines of a Filipino child whose adoption has not been approved. Sec. 15. Executive Agreements. — The Department of Foreign Affairs, upon representation of the Board, shall cause the preparation of Executive Agreements with countries of the foreign adoption agencies to ensure the legitimate concurrence of said countries in upholding the safeguards provided by this Act. PENALTIES Sec. 16. Penalties. — (a) Any person who shall knowingly participate in the conduct or carrying out of an illegal adoption, in violation of the provisions of this Act, shall be punished with a penalty of imprisonment ranging from six (6) years and one (1) day to twelve (12) years and/or a fine of not less than Fifty thousand pesos (P50,000), but not more than Two hundred thousand pesos (P200.000), at the discretion of the court. For purposes of this Act, an adoption is illegal if it is effected in any manner contrary to the provisions of this Act or established State policies, its implementing rules and regulations, executive agreements, and other laws pertaining to adoption. Illegality may be presumed from the following acts: (1) consent for an adoption was acquired through, or attended by coercion, fraud, improper material inducement; (2) there is no authority from the Board to effect adoption; (3) the procedures and safeguards placed under the law for adoption were not complied with; and (4) the child to be adopted is subjected to, or exposed to danger, abuse and exploitation. (b)Any person who shall violate established regulations relating to the confidentiality and integrity of records, documents and communications of adoption applications, cases and processes shall suffer the penalty of imprisonment ranging from one (1) year and one (1) day to two (2) years, and/or a fine of not less than Five thousand pesos
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(P5,000), but not more than Ten thousand pesos (P10,000), at the discretion of the court. A penalty lower by two (2) degrees than that prescribed for the consummated felony under this Article shall be imposed upon the principals of the attempt to commit any of the acts herein enumerated. Acts punishable under this Article, when committed by a syndicate or where it involves two or more children shall be considered as an offense constituting child trafficking and shall merit the penalty of reclusion perpetua. Acts punishable under this Article are deemed committed by a syndicate if carried out by a group of three (3) or more persons conspiring and/or confederating with one another in carrying out any of the unlawful acts defined under this Article.Penalties as are herein provided shall be in addition to any other penalties which may be imposed for the same acts punishable under other laws, ordinances, executive orders, and proclamations.chan robles virtual law library Sec. 17. Public Officers as Offenders. — Any government official, employee or functionary who shall be found guilty of violating any of the provisions of this Act, or who shall conspire with private individuals shall, in addition to the above-prescribed penalties, be penalized in accordance with existing civil service laws, rules and regulations: Provided, That upon the filing of a case, either administrative or criminal, said government official, employee or functionary concerned shall automatically suffer suspension until the resolution of the case. FINAL PROVISIONS Sec. 18. Implementing Rules and Regulations. — The Inter-country Adoption Board, in coordination with the Council for the Welfare of Children, the Department of Foreign Affairs, and the Department of Justice, after due consultation with agencies involved in child-care and placement, shall promulgate the necessary rules and regulations to implement the provisions of this Act within six (6) months after its effectivity. Sec. 19. Appropriations. — The amount of Five million pesos (P5,000,000) is hereby appropriated from the proceeds of the Lotto for the initial operations of the Board and subsequently the appropriations of the same shall be included in the General Appropriations Act for the year following its enactment. Sec. 20. Separability Clause. — If any provision, or part hereof is held invalid or unconstitutional, the remainder of the law or the provision not otherwise affected, shall remain valid and subsisting.

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Sec. 21. Repealing Clause. — Any law, decree, executive order, administrative order or rules and regulations contrary to, or inconsistent with the provisions of this Act are hereby repealed, modified or amended accordingly.chan robles virtual law library Sec. 22. Effectivity Clause. — This Act shall take effect fifteen (15) days after its publication in two (2) newspapers of general circulation. Approved: June 7, 1995 .

Republic Act No. 7610 AN ACT PROVIDING FOR STRONGER DETERRENCE AND SPECIAL PROTECTION AGAINST CHILD ABUSE, EXPLOITATION AND DISCRIMINATION, AND FOR OTHER PURPOSES Title, Policy, Principles and Definitions of Terms Section 1. Title. – This Act shall be known as the "Special Protection of Children Against Abuse, Exploitation and Discrimination Act." Section 2. Declaration of State Policy and Principles. – It is hereby declared to be the policy of the State to provide special protection to children from all firms of abuse, neglect, cruelty exploitation and discrimination and other conditions, prejudicial their development; provide sanctions for their commission and carry out a program for prevention and deterrence of and crisis intervention in situations of child abuse, exploitation and discrimination. The State shall intervene on behalf of the child when the parent, guardian, teacher or person having care or custody of the child fails or is unable to protect the child against abuse, exploitation and discrimination or when such acts against the child are committed by the said parent, guardian, teacher or person having care and custody of the same. It shall be the policy of the State to protect and rehabilitate children gravely threatened or endangered by circumstances which affect or will affect their survival and normal development and over which they have no control. The best interests of children shall be the paramount consideration in all actions concerning them, whether undertaken by public or private social welfare institutions, courts of law, administrative authorities, and legislative bodies, consistent with the principle of First Call for Children as enunciated in the United Nations Convention of the Rights of the Child. Every effort shall be exerted to promote the welfare of children and enhance their opportunities for a useful and happy life.
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Section 3. Definition of Terms. – (a) "Children" refers to person below eighteen (18) years of age or those over but are unable to fully take care of themselves or protect themselves from abuse, neglect, cruelty, exploitation or discrimination because of a physical or mental disability or condition; (b) "Child abuse" refers to the maltreatment, whether habitual or not, of the child which includes any of the following: (1) Psychological and physical abuse, neglect, cruelty, sexual abuse and emotional maltreatment; (2) Any act by deeds or words which debases, degrades or demeans the intrinsic worth and dignity of a child as a human being; (3) Unreasonable deprivation of his basic needs for survival, such as food and shelter; or (4) Failure to immediately give medical treatment to an injured child resulting in serious impairment of his growth and development or in his permanent incapacity or death. (c) "Circumstances which gravely threaten or endanger the survival and normal development of children" include, but are not limited to, the following; (1) Being in a community where there is armed conflict or being affected by armed conflict-related activities; (2) Working under conditions hazardous to life, safety and normal which unduly interfere with their normal development; (3) Living in or fending for themselves in the streets of urban or rural areas without the care of parents or a guardian or basic services needed for a good quality of life; (4) Being a member of a indigenous cultural community and/or living under conditions of extreme poverty or in an area which is underdeveloped and/or lacks or has inadequate access to basic services needed for a good quality of life; (5) Being a victim of a man-made or natural disaster or calamity; or (6) Circumstances analogous to those abovestated which endanger the life, safety or normal development of children.
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(d) "Comprehensive program against child abuse, exploitation and discrimination" refers to the coordinated program of services and facilities to protected children against: (1) Child Prostitution and other sexual abuse; (2) Child trafficking; (3) Obscene publications and indecent shows; (4) Other acts of abuses; and (5) Circumstances which threaten or endanger the survival and normal development of children. Program on Child Abuse, Exploitation and Discrimination Section 4. Formulation of the Program. – There shall be a comprehensive program to be formulated, by the Department of Justice and the Department of Social Welfare and Development in coordination with other government agencies and private sector concerned, within one (1) year from the effectivity of this Act, to protect children against child prostitution and other sexual abuse; child trafficking, obscene publications and indecent shows; other acts of abuse; and circumstances which endanger child survival and normal development. Child Prostitution and Other Sexual Abuse Section 5. Child Prostitution and Other Sexual Abuse. – Children, whether male or female, who for money, profit, or any other consideration or due to the coercion or influence of any adult, syndicate or group, indulge in sexual intercourse or lascivious conduct, are deemed to be children exploited in prostitution and other sexual abuse. The penalty of reclusion temporal in its medium period to reclusion perpetua shall be imposed upon the following: (a) Those who engage in or promote, facilitate or induce child prostitution which include, but are not limited to, the following: (1) Acting as a procurer of a child prostitute; (2) Inducing a person to be a client of a child prostitute by means of written or oral advertisements or other similar means; (3) Taking advantage of influence or relationship to procure a child as prostitute; (4) Threatening or using violence towards a child to engage him as a prostitute; or
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There is also an attempt to commit child prostitution. the act of buying and selling of a child for money. health club and other similar establishments. but not limited to. – Any person who shall engage in trading and dealing with children including. an inn. Attempt To Commit Child Prostitution. Child Trafficking Section 7. motel. resort. massage clinic. paragraph 3. paragraph (a) hereof when any person who. the perpetrators shall be prosecuted under Article 335. apartelle or other similar establishments. as amended. 245 . the Revised Penal Code. in the proper case. 3815. whether as manager or owner of the establishment where the prostitution takes place. – There is an attempt to commit child prostitution under Section 5. The penalty shall be imposed in its maximum period when the victim is under twelve (12) years of age. under the Revised Penal Code. That the penalty for lascivious conduct when the victim is under twelve (12) years of age shall be reclusion temporal in its medium period. or barter. shall suffer the penalty of reclusion temporal to reclusion perpetua. pension house.Section 8. (b) Those who commit the act of sexual intercourse of lascivious conduct with a child exploited in prostitution or subject to other sexual abuse. bar. Child Trafficking. for rape or lascivious conduct. Attempt to Commit Child Trafficking. and (c) Those who derive profit or advantage therefrom. hotel. is found alone with the said child inside the room or cubicle of a house. A penalty lower by two (2) degrees than that prescribed for the consummated felony under Section 5 hereof shall be imposed upon the principals of the attempt to commit the crime of child prostitution under this Act. or. place of entertainment or establishment serving as a cover or which engages in prostitution in addition to the activity for which the license has been issued to said establishment. for rape and Article 336 of Act No. That when the victims is under twelve (12) years of age. or for any other consideration. – There is an attempt to commit child trafficking under Section 7 of this Act: (a) When a child travels alone to a foreign country without valid reason therefor and without clearance issued by the Department of Social Welfare and Development or written permit or justification from the child's parents or legal guardian. Section 6. under paragraph (b) of Section 5 hereof when any person is receiving services from a child in a sauna parlor or bath. as the case may be: Provided. Provided. not being a relative of a child. vessel. or of the sauna. disco.(5) Giving monetary consideration goods or other pecuniary benefit to a child with intent to engage such child in prostitution. vehicle or any other hidden or secluded area under circumstances which would lead a reasonable person to believe that the child is about to be exploited in prostitution and other sexual abuse.

agency. whether live or in video.(c) When a person. hotel. persuade. or (e) When a person engages in the act of finding children among low-income families. as amended. motel. moral or legal duty. Any ascendant. guardian. or other child-during institutions who can be offered for the purpose of child trafficking. 246 . or person entrusted in any capacity with the care of a child who shall cause and/or allow such child to be employed or to participate in an obscene play. – (a) Any person who shall commit any other acts of child abuse. as amended. 603. induce or coerce a child to perform in obscene exhibitions and indecent shows. scene. nurseries. day-care centers.000): Provided. use. discotheque. movie or show or in any other acts covered by this section shall suffer the penalty of prision mayor in its medium period. Obscene Publications and Indecent Shows. Abuse. the penalty shall be imposed in its maximum period. Other Acts of Neglect. beach and/or other tourist resort or similar places shall suffer the penalty of prision mayor in its maximum period and a fine of not less than Fifty thousand pesos (P50. twelve (12) years or under or who in ten (10) years or more his junior in any public or private place. nurse. A penalty lower two (2) degrees than that prescribed for the consummated felony under Section 7 hereof shall be imposed upon the principals of the attempt to commit child trafficking under this Act. Cruelty or Exploitation and Other Conditions Prejudicial to the Child's Development. midwife. sauna or massage parlor. but not covered by the Revised Penal Code. hospitals. establishment or child-caring institution recruits women or couples to bear children for the purpose of child trafficking. Section 9. local custom and tradition or acts in the performance of a social. shall suffer the penalty of prision mayor in its minimum period. If the child used as a performer. That this provision shall not apply to any person who is related within the fourth degree of consanguinity or affinity or any bond recognized by law. hospital or clinic official or employee. employ. clinics. Section 10. or (d) When a doctor. or model in obscene publications or pornographic materials or to sell or distribute the said materials shall suffer the penalty of prision mayor in its medium period. pension house. beer joint. (b) Any person who shall keep or have in his company a minor. cruelty or exploitation or to be responsible for other conditions prejudicial to the child's development including those covered by Article 59 of Presidential Decree No. subject or seller/distributor is below twelve (12) years of age. act. – Any person who shall hire. local civil registrar or any other person simulates birth for the purpose of child trafficking. cabaret.

including residential places. Obscene Publications and Indecent Shows. force or intimidate a street child or any other child to. Provided. Sanctions of Establishments or Enterprises which Promote. as amended. other intentional mutilation. (e) Any person who shall use. stepparent or guardian of the minor. The victim of the acts committed under this section shall be entrusted to the care of the Department of Social Welfare and Development. respectively. or Conduct Activities Constituting Child Prostitution and Other Sexual Abuse. for the crimes of qualified seduction. homicide. 340 and 341 of Act No. owner. and 263. For purposes of this Act. and Other Acts of Abuse . obscene publications and indecent shows. acts of lasciviousness with the consent of the offended party. shall be one (1) degree higher than that imposed by law when the victim is under twelve (12) years age. (2) Act as conduit or middlemen in drug trafficking or pushing. and other acts 247 . drink or otherwise. (1) Beg or use begging as a means of living. 3815.000). the penalty to be imposed shall be prision mayor in its maximum period. paragraph 1 of Act No. Section 11. who allows any person to take along with him to such place or places any minor herein described shall be imposed a penalty of prision mayor in its medium period and a fine of not less than Fifty thousand pesos (P50. or (3) Conduct any illegal activities. shall suffer the penalty of prision correccional in its medium period to reclusion perpetua. and the loss of the license to operate such a place or establishment. The penalty for the commission of acts punishable under Article 337. and the loss of parental authority over the minor. for the crimes of murder. whether for occupancy. Facilitate. 262. child trafficking. a fine of not less than Fifty thousand pesos (P50. the Revised Penal Code. (d) Any person. That should the perpetrator be an ascendant. 249. and serious physical injuries. – All establishments and enterprises which promote or facilitate child prostitution and other sexual abuse. and white slave trade. as amended. Child Trafficking. however. the Revised Penal Code. the penalty for the commission of acts punishable under Articles 248.(c) Any person who shall induce. shall be reclusion perpetua when the victim is under twelve (12) years of age. 339. corruption of minors.000). coerce.000). food. manager or one entrusted with the operation of any public or private place of accommodation. respectively. paragraph 2. deliver or offer a minor to any one prohibited by this Act to keep or have in his company a minor as provided in the preceding paragraph shall suffer the penalty of prision mayor in its medium period and a fine of not less than Forty thousand pesos (P40. 3815.

Employment of Children. and. or special laws. or (2) When a child's employment or participation in public & entertainment or information through cinema. further.of abuse shall be immediately closed and their authority or license to operate cancelled. That the parent or legal guardian shall provide the said minor child with the prescribed primary and/or secondary education. An enterprise such as a sauna. 248 . child trafficking. if possible. theater. provides child masseurs for adults of the same or opposite sex and said services include any lascivious conduct with the customers. or solicits children or activities constituting the aforementioned acts shall be deemed to have committed the acts penalized herein. An establishment shall be deemed to promote or facilitate child prostitution and other sexual abuse. with the express agreement of the child concerned. Section 12. (b) the employer shall institute measures to prevent the child's exploitation or discrimination taking into account the system and level of remuneration. That the following requirements in all instances are strictly complied with: (a) The employer shall ensure the protection. exhibits children in a lewd or indecent show. That his employment neither endangers his life. health. and other acts of abuse if the acts constituting the same occur in the premises of said establishment under this Act or in violation of the Revised Penal Code. however. and the approval of the Department of Labor and Employment: Provided. as the Department may determine. obscene publications and indecent shows. without prejudice to the owner or manager thereof being prosecuted under this Act and/or the Revised Penal Code. – Children below fifteen (15) years of age may be employed except: (1) When a child works directly under the sole responsibility of his parents or legal guardian and where only members of the employer's family are employed: Provided. and the duration and arrangement of working time. as amended. as amended. The employment contract concluded by the child's parent or guardian. safety and morals of the child. or recruitment agency which: promotes the aforementioned acts as part of a tour for foreign tourists. nor impairs his normal development: Provided. safety and health and morals. radio or television is essential: Provided. The unauthorized removal of such sign shall be punishable by prision correccional. A sign with the words "off limits" shall be conspicuously displayed outside the establishments or enterprises by the Department of Social Welfare and Development for such period which shall not be less than one (1) year. travel agency.

Health and Nutrition. intoxicating drinks. subject to the approval and supervision of competent authorities. – The Department of Education. Section 18. a continuing program for training and skill acquisition of the child. Protection and Development. In the above exceptional cases where any such child may be employed. The Department of Education. Survival. Section 19. Provided. survival and development consistent with the customs and traditions of their respective communities. The Department of Labor Employment shall promulgate rules and regulations necessary for the effective implementation of this Section. Culture and Sports shall develop and institute an alternative system of education for children of indigenous cultural communities which culture-specific and relevant to the needs of and the existing situation in their communities. before engaging such child. in case of repeated violations of the provisions of this Article. Culture and Sports shall promulgate a course design under its non-formal education program aimed at promoting the intellectual. – The delivery of basic social services in health and nutrition to children of indigenous cultural communities shall be given priority by all 249 . Section 15. Section 14. Section 16. Culture and Sports shall also accredit and support non-formal but functional indigenous educational programs conducted by non-government organizations in said communities. moral and vocational efficiency of working children who have not undergone or finished elementary or secondary education. – No person shall employ child models in all commercials or advertisements promoting alcoholic beverages. or both at the discretion of the court. Section 13. tobacco and its byproducts and violence. – The Department of Education. Such course design shall integrate the learning process deemed most effective under given circumstances. children of indigenous cultural communities shall be entitled to protection. 603. That. a work permit from the Department of Labor and Employment which shall ensure observance of the above requirement. – Any person who shall violate any provision of this Article shall suffer the penalty of a fine of not less than One thousand pesos (P1. Penalties. the employer shall first secure.000) or imprisonment of not less than three (3) months but not more than three (3) years. – In addition to the rights guaranteed to children under this Act and other existing laws. – Every employer shall comply with the duties provided for in Articles 108 and 109 of Presidential Decree No.(c) The employer shall formulate and implement. System of and Access to Education. Non-formal Education for Working Children. Section 17.000) but not more than Ten thousand pesos (P10. Prohibition on the Employment of Children in Certain Advertisements. the offender's license to operate shall be revoked. Duty of Employer.

(b) Children shall not be recruited to become members of the Armed Forces of the Philippines of its civilian units or other armed groups. – Children of indigenous cultural communities shall not be subjected to any and all forms of discrimination. detachments. To attain this objective. Section 21. and (f) All appropriate steps shall be taken to facilitate the reunion of families temporarily separated due to armed conflict. or used as guides. indigenous health practices shall be respected and recognized. They shall not be subjected to undue harassment in the performance of their work. – Indigenous cultural communities. It shall be the responsibility of the State and all other sectors concerned to resolve armed conflicts in order to promote the goal of children as zones of peace.000). Participation. In the provision of health and nutrition services to children of indigenous cultural communities.government agencies concerned. assault. or spies. – Children are hereby declared as Zones of Peace. hospitals and rural health units shall not be utilized for military purposes such as command posts. primary health and emergency relief services shall be kept unhampered. Discrimination. Section 20. Hospitals and other health institution shall ensure that children of indigenous cultural communities are given equal attention. and supply depots. Section 22. couriers. decision-making implementation. Children as Zones of Peace. (d) The safety and protection of those who provide services including those involved in fact-finding missions from both government and non-government institutions shall be ensured. Any person who discriminate against children of indigenous cultural communities shall suffer a penalty of arresto mayor in its maximum period and a fine of not less than Five thousand pesos (P5. Indigenous institution shall also be recognized and respected. torture or other cruel. They shall be protected from any form of threat. and evaluation of all government programs affecting children of indigenous cultural communities.000) more than Ten thousand pesos (P10. (a) Children shall not be the object of attack and shall be entitled to special respect. barracks. inhumane or degrading treatment. the following policies shall be observed. (c) Delivery of basic social services such as education. nor be allowed to take part in the fighting. (e) Public infrastructure such as schools. 250 . through their dulydesignated or appointed representatives shall be involved in planning.

Family Life and Temporary Shelter. Measures shall be taken to ensure that children evacuated are accompanied by persons responsible for their safety and well-being. The aforesaid child shall subject to visitation and supervision by a representative of the Department of Social Welfare and Development or any duly-licensed agency or such other officer as the court may designate subject to such conditions as it may prescribe. expectant and nursing mothers and children shall be given additional food in proportion to their physiological needs. – Whenever possible. (b) Immediate free legal assistance. including any civil liability chargeable against him. Section 24. (c) Immediate notice of such arrest to the parents or guardians of the child. If after hearing the evidence in the proper proceedings the court should find that the aforesaid child committed the acts charged against him. In places of temporary shelter. Existing community organizations shall be tapped to look after the safety and well-being of children during evacuation operations. or dulylicensed agencies or any other responsible person. However. instead of pronouncing judgment of conviction. 251 . Whenever feasible. Rights of Children Arrested for Reasons Related to Armed Conflict . Section 25. until he has had reached eighteen (18) years of age or. – Any child who has been arrested for reasons related to armed conflict. (a) Separate detention from adults except where families are accommodated as family units. children shall be given opportunities for physical exercise. for a shorter period as the court may deem proper. either as combatant. Evacuation of Children During Armed Conflict. – Children shall be given priority during evacuation as a result of armed conflict. after considering the reports and recommendations of the Department of Social Welfare and Development or the agency or responsible individual under whose care he has been committed. courier. the court shall suspend all further proceedings and shall commit such child to the custody or care of the Department of Social Welfare and Development or to any training institution operated by the Government. members of the same family shall be housed in the same premises and given separate accommodation from other evacuees and provided with facilities to lead a normal family life. the court shall determine the imposable penalty. sports and outdoor games. and (d) Release of the child on recognizance within twenty-four (24) hours to the custody of the Department of Social Welfare and Development or any responsible member of the community as determined by the court.Section 23. guide or spy is entitled to the following rights.

The aforesaid child whose sentence is suspended can appeal from the order of the court in the same manner as appeals in criminal cases. social worker or representative of a licensed child-caring institution. or (g) At least three (3) concerned responsible citizens where the violation occurred. – At the instance of the offended party. In the regular performance of this function.Lawphi1@alf Section 30. It shall be unlawful for any editor.1awphi1@ITC relative within the third degree of (d) Officer. announcer or producer in case of television and radio broadcasting. publisher. 252 . Section 29. Section 26. (b) Parents or guardians. Section 28. Special Court Proceedings. (c) Ascendant or collateral consanguinity. – The chairman of the barangay affected by the armed conflict shall submit the names of children residing in said barangay to the municipal social welfare and development officer within twenty-four (24) hours from the occurrence of the armed conflict. – The offended party shall be immediately placed under the protective custody of the Department of Social Welfare and Development pursuant to Executive Order No. (f) Barangay chairman. Protective Custody of the Child. Who May File a Complaint. 56. producer and director of the film in case of the movie industry. and reporter or columnist in case of printed materials. to cause undue and sensationalized publicity of any case of violation of this Act which results in the moral degradation and suffering of the offended party. Custody proceedings shall be in accordance with the provisions of Presidential Decree No. Confidentiality. Monitoring and Reporting of Children in Situations of Armed Conflict. Section 27. (e) Officer or social worker of the Department of Social Welfare and Development. – Cases involving violations of this Act shall be heard in the chambers of the judge of the Regional Trial Court duly designated as Juvenile and Domestic Court. his name may be withheld from the public until the court acquires jurisdiction over the case. series of 1986. the officer of the Department of Social Welfare and Development shall be free from any administrative. 603. civil or criminal liability. – Complaints on cases of unlawful acts committed against the children as enumerated herein may be filed by the following: (a) Offended party.

Section 33. in coordination with the Department of Social Welfare and Development. – (a) The penalty provided under this Act shall be imposed in its maximum period if the offender has been previously convicted under this Act. the Department of Justice. stepparent or collateral relative within the second degree of consanguinity or affinity. Such rules and regulations shall take effect upon their publication in two (2) national newspapers of general circulation. – The amount necessary to carry out the provisions of this Act is hereby authorized to be appropriated in the General Appropriations Act of the year following its enactment into law and thereafter. the officer or employee thereof who is responsible for the violation of this Act shall suffer the penalty imposed in its maximum period. (b) When the offender is a corporation. – Unless otherwise provided in this Act.Any provision of existing law to the contrary notwithstanding and with the exception of habeas corpus. election cases. he shall be deported immediately after service of sentence and forever barred from entry to the country. That if the penalty imposed is prision correccional or arresto mayor. Section 32. Rules and Regulations. and (f) A fine to be determined by the court shall be imposed and administered as a cash fund by the Department of Social Welfare and Development and disbursed for the rehabilitation of each child victim. or any immediate member of his family if the latter is the perpetrator of the offense. or a manager or owner of an establishment which has no license to operate or its license has expired or has been revoked. all courts shall give preference to the hearing or disposition of cases involving violations of this Act. Common Penal Provisions. 253 . the penalty of suspension shall also be imposed. That if the penalty imposed is reclusion perpetua or reclusion temporal. finally. (c) The penalty provided herein shall be imposed in its maximum period when the perpetrator is an ascendant. Section 31. parent guardian. partnership or association. Appropriations. shall promulgate rules and regulations of the effective implementation of this Act. and cases involving detention prisoners and persons covered by Republic Act No. 4908. (d) When the offender is a foreigner. (e) The penalty provided for in this Act shall be imposed in its maximum period if the offender is a public officer or employee: Provided. then the penalty of perpetual or temporary absolute disqualification shall also be imposed: Provided. however.

Section 35. shall be deemed a sale within the meaning of this definition. Title. 1992. for a valuable consideration. Section 2. of a subdivision lot. have the following respective meanings: (a) Person. or by a circular. Approved: June 17. The "buy" and "purchase" shall include any contract to buy. or rules inconsistent with the provisions of this Acts are hereby repealed or modified accordingly. including the building and other improvements thereof. "Sale" or "sell" shall include every disposition. – This Act shall take effect upon completion of its publication in at least two (2) national newspapers of general circulation. purchase. Effectivity Clause. in a subdivision project or a condominium unit in a condominium project. Definition of Terms When used in this Decree. (c) Buy and purchase. This Decree shall be known as THE SUBDIVISION AND CONDOMINIUM BUYERS' PROTECTIVE DECREE. an option of sale or purchase. decrees. an exchange. advertisement or otherwise. or attempt to dispose. – If any provision of this Act is declared invalid or unconstitutional. 957 REGULATING THE SALE OF SUBDIVISION LOTS AND CONDOMINIUMS. if any. PRESIDENTIAL DECREE No. or an offer to sell. A privilege given to a member of a cooperative. or right to. "Sale" and "sell" shall also include a contract to sell. A juridical person refers to a business firm whether a corporation. corporation. partnership. cooperative or associations or a single proprietorship. including 254 . Separability Clause. a solicitation of a sale. the following terms shall. or any association and/or the issuance of a certificate or receipt evidencing or giving the right of participation in. Section 36. any land in consideration of payment of the membership fee or dues. letter. partnership. "Person" shall mean a natural or a juridical person. unless the context otherwise indicates. – All laws. (b) Sale or sell. directly or by an agent. an attempt to sell. Repealing Clause.Section 34. a contract of purchase and sale. or otherwise acquire for a valuable consideration a subdivision lot. the remaining provisions not affected thereby shall continue in full force and effect. PROVIDING PENALTIES FOR VIOLATIONS THEREOF Section 1.

for and in his behalf. "Complex subdivision plan" shall mean a subdivision plan of a registered land wherein a street. and offered to the public for sale. industrial and recreational areas as well as open spaces and other community and public areas in the project. 255 . (m) Salesman. (f) Complex subdivision plan. "Subdivision project" shall mean a tract or a parcel of land registered under Act No. (h) Condominium unit. "Dealer" shall mean any person directly engaged as principal in the business of buying. "Condominium unit" shall mean a part of the condominium project intended for any type of independent use or ownership. in cash or in installment terms. commercial. "Salesman" shall refer to the person regularly employed by a broker to perform. commercial. "Owner" shall refer to the registered owner of the land subject of a subdivision or a condominium project. whether residential. or recreational. "Developer" shall mean the person who develops or improves the subdivision project or condominium project for and in behalf of the owner thereof. including all structures thereon. "Authority" shall mean the National Housing Authority. in a subdivision project. (n) Authority. (l) Broker. any or all functions of a real estate broker. It shall include all residential. for commission or other compensation. in a subdivision project or a condominium unit in a condominium project. "Subdivision lot" shall mean any of the lots. including one or more rooms or spaces located in one or more floors (or part of parts of floors) in a building or buildings and such accessories as may be appended thereto. (j) Developer. selling or exchanging real estate whether on a full-time or part-time basis. (g) Condominium project. "Condominium project" shall mean the entire parcel of real property divided or to be divided primarily for residential purposes into condominium units. industrial. undertakes to sell or negotiate the sale of a real estate belonging to another. (k) Dealer. 496 which is partitioned primarily for residential purposes into individual lots with or without improvements thereon. if any. "Broker" shall mean any person who. passageway or open space is delineated on the plan. (e) Subdivision lot. (d) Subdivision project.the building and other improvements. (i) Owner.

as so approved. 256 . The condominium plan as likewise so approved. 496.Section 3.A. and of all the partners.A. The owner or the real estate dealer interested in the sale of lots or units. The same procedure shall be followed in the case of a plan for a condominium project except that. shall be submitted to the Register of Deeds of the province or city in which the property lies and the same shall be acted upon subject to the conditions and in accordance with the procedure prescribed in Section 4 of the Condominium Act (R. or other entity. (b) The location of the owner's principal business office. court approval shall no longer be required. National Housing Authority The National Housing Authority shall have exclusive jurisdiction to regulate the real estate trade and business in accordance with the provisions of this Decree. The following documents shall be attached to the registration statement: (a) A copy of the subdivision plan or condominium plan as approved in accordance with the first and second paragraphs of this section. if the owner be a corporation. upon a finding that the plan complies with the Subdivision Standards' and Regulations enforceable at the time the plan is submitted.A. Section 4. No. in addition. and (e) A statement of the capitalization of the owner. respectively. if it be a partnership. The subdivision plan. 440): Provided. including the authorized and outstanding amounts of its capital stock and the proportion thereof which is paid-up. and if the owner is a nonresident Filipino. 6541). trust. shall then be submitted to the Director of Lands for approval in accordance with the procedure prescribed in Section 44 of the Land Registration Act (Act No. (d) The general character of the business actually transacted or to be transacted by the owner. that it case of complex subdivision plans. (c) The names and addresses of all the directors and officers of the business firm. said Authority shall act upon and approve the plan with respect to the building or buildings included in the condominium project in accordance with the National Building Code (R. association. No. Registration of Projects The registered owner of a parcel of land who wishes to convert the same into a subdivision project shall submit his subdivision plan to the Authority which shall act upon and approve the same. No. in such subdivision project or condominium project shall register the project with the Authority by filing therewith a sworn registration statement containing the following information: (a) Name of the owner. 4726). as amended by R. the name and address of his agent or representative in the Philippines is authorized to receive notice.

the Authority shall immediately cause to be published a notice of the filing of the registration statement at the expense of the applicant-owner or dealer. License to sell. Thereupon. however. in two newspapers general circulation. that the aforesaid registration statement. (d) A title to the property which is free from all liens and encumbrances: Provided. with all the amendments thereof and existing by-laws or instruments corresponding thereto. and that copies thereof shall be furnished to any party upon payment of the proper fees. shall issue to such owner or dealer of a registered project a license to sell the project if. and that the proposed sale of the subdivision lots or condominium units to the public would not be fraudulent. under such regulations as the Authority may impose. or communication to be used for the public offering of the subdivision lots or condominium units. after an examination of the registration statement filed by said owner or dealer and all the pertinent documents attached thereto.(b) A copy of any circular. as well as the papers attached thereto. The person filing the registration statement shall pay the registration fees prescribed therefor by the Authority. The fact of such registration shall be evidenced by a registration certificate to be issued to the applicant-owner or dealer. (c) In case of a business firm. 257 . one published in English and another in Pilipino. The subdivision project of the condominium project shall be deemed registered upon completion of the above publication requirement. upon proper application therefor. be authorized to sell any subdivision lot or condominium unit in the registered project unless he shall have first obtained a license to sell the project within two weeks from the registration of such project. however. letter. that in case any subdivision lot or condominium unit is mortgaged. he is convinced that the owner or dealer is of good repute. brochure. Section 5. as the case may be. prospectus. once a week for two consecutive weeks. are open to inspection during business hours by interested parties. Such owner or dealer to whom has been issued a registration certificate shall not. reciting that a registration statement for the sale of subdivision lots or condominium units has been filed in the National Housing Authority. a balance sheet showing the amount and general character of its assets and liabilities and a copy of its articles of incorporation or articles of partnership or association. advertisement. The Authority. it is sufficient if the instrument of mortgage contains a stipulation that the mortgagee shall release the mortgage on any subdivision lot or condominium unit as soon as the full purchase price for the same is paid by the buyer. that his business is financially stable.

inadequate or incomplete or the sale or offering for a sale of the subdivision or condominium project may work or tend to work a fraud upon prospective buyers. sewerage. the Authority may. Performance Bond. No license to sell subdivision lots or condominium units shall be issued by the Authority under Section 5 of this Decree unless the owner or dealer shall have filed an adequate performance bond approved by said Authority to guarantee the construction and maintenance of the roads. (b) Sale or transfer of a subdivision lot by the original purchaser thereof and any subsequent sale of the same lot. 258 . It shall also be lifted upon dismissal of the complaint for lack of legal basis. any information in the registration statement filed by the owner or dealer is or has become misleading. Exempt transactions. and full development of the subdivision project or the condominium project and the compliance by the owner or dealer with the applicable laws and rules and regulations. Section 7. A license to sell and performance bond shall not be required in any of the following transactions: (a) Sale of a subdivision lot resulting from the partition of land among co-owners and coheirs. The suspension order may be lifted if. immediately suspend the owner's or dealer's license to sell pending investigation and hearing of the case as provided in Section 13 hereof. in its opinion. the suspension of the right to sell the project. though binding upon all persons notified thereof. in its discretion.Section 6. Until the final entry of an order of suspension. gutters. shall be deemed confidential unless it shall appear that the order of suspension has in the meantime been violated. after notice and hearing. Upon verified complaint by a buyer of a subdivision lot or a condominium unit in any interested party. Suspension of license to sell. lighting systems. (c) Sale of a subdivision lot or a condominium unit by or for the account of a mortgagee in the ordinary course of business when necessary to liquidate a bona fide debt. Section 8. drainage. The performance bond shall be executed in favor of the Republic of the Philippines and shall authorize the Authority to use the proceeds thereof for the purposes of its undertaking in case of forfeiture as provided in this Decree. incorrect. water system. The Authority may motu proprio suspend the license to sell if. the Authority is convinced that the registration statement is accurate or that any deficiency therein has been corrected or supplemented or that the sale to the public of the subdivision or condominium project will neither be fraudulent not result in fraud.

broker or salesman shall engage in the business of selling subdivision lots or condominium units unless he has registered himself with the Authority in accordance with the provisions of this section. it shall be sufficient cause for cancellation of its registration certificate and its license to sell. brochure. The registers of subdivision lots and condominium units shall be open to public inspection subject to such reasonable rules as the Authority may prescribe. he shall 259 . Revocation of registration certificate and license to sell. including the payment of the prescribed fee. Section 11. broker or salesman as provided in Section 11 hereof. Registers of subdivision lots and condominium units. If the Authority shall find that the applicant is of good repute and has complied with the applicable rules of the Authority. The Authority may. or (b) has violated any of the provisions of this Decree or any applicable rule or regulation of the Authority. brokers and salesmen. circular or other literature about the subdivision project or condominium project that has been distributed to prospective buyers. revoke the registration of any subdivision project or condominium project and the license to sell any subdivision lot or condominium unit in said project by issuing an order to this effect. or (f) Does not conduct his business in accordance with law or sound business principles. Section 10. if any member of such partnership or any officer or director of such corporation or association has been guilty of any act or omission which would be cause for refusing or revoking the registration of an individual dealer. or any undertaking of his/its performance bond. with his findings in respect thereto. or (d) Has made any misrepresentation in any prospectus. Where the owner or dealer is a partnership or corporation or an unincorporated association. if upon examination into the affairs of the owner or dealer during a hearing as provided for in Section 14 hereof. or (e) Is of bad business repute. A record of subdivision lots and condominium units shall be kept in the Authority wherein shall be entered all orders of the Authority affecting the condition or status thereof. if shall appear there is satisfactory evidence that the said owner or dealer: (a) Is insolvent.Section 9. Registration of dealers. or (c) Has been or is engaged or is about to engage in fraudulent transactions. motu proprio or upon verified complaint filed by a buyer of a subdivision lot or condominium unit. No real estate dealer.

it shall determine that such applicant or registrant: 1. Hearing. All applications filed beyond said period shall be treated as original applications. brokers.register such applicant as a dealer. Every registration under this section shall expire on the thirty-first day of December of each year. Dealers and Salesmen kept in the Authority which shall be open to public inspection. that the registration of a salesman shall cease upon the termination of his employment with a dealer or broker. brokers or salesmen. revoked by the Authority if. or salesmen shall be recorded in a Register of Brokers. The suspension or revocation of the registration of a dealer or broker shall carry with it all the suspension or revocation of the registrations of all his salesmen. in such sum as may be fixed by the Authority conditioned upon his faithful compliance with the provisions of this Decree: Provided. The names and addresses of all persons registered as dealers. Renewal of registration for the succeeding year shall be granted upon written application therefor made not less than thirty nor more than sixty days before the first day of the ensuing year and upon payment of the prescribed fee. Section 12. Pending hearing of the case. Has violated any provision of this Decree or any rule or regulation made hereunder. or 2. broker or salesman upon filing a bond. or salesman. that such order shall state the cause for the suspension. Section 13. provided. Registration under the preceding section may be refused or any registration granted thereunder. unless specifically required by the Authority. In case of charges against a salesman. Has made a material false statement in his application for registration. notice thereof shall also be given the broker or dealer employing such salesman. broker's. Revocation of registration as dealers. or 3. the Authority shall have the power to order the suspension of the dealer's. broker. or 4. In the hearing for determining the existence of any ground or grounds for the suspension and/or revocation of registration certificate and license to sell as provided in Section 8 and 9 hereof. after reasonable notice and hearing. the following shall be complied with: 260 . of salesman's registration. or other security in lieu thereof. as the case may be. Has been guilty of a fraudulent act in connection with any sale of a subdivision lot or condominium unit. without the necessity of filing further statements or information. Has demonstrated his unworthiness to transact the business of dealer.

the suspension. cancellation. take depositions. The hearing may be held before the officer or officers designated by the Authority on the date and place specified in the notice. Decision. chargeable to the amount forfeited. paper. (b) Indirect contempt. conduct ocular inspections. The Decision may order the revocation of the registration of the subdivision or condominium project. (c) Nature of proceeding. Section 15. 261 . Such decision shall be immediately executory and shall become final after the lapse of 15 days from the date of receipt of the Decision. (a) Direct contempt. or revocation of the license to sell and/or forfeiture. No such hearing shall proceed unless the respondent is furnished with a copy of the complaint against him or is notified in writing of the purpose of such hearing. The person found guilty of direct contempt under this section shall be punished by a fine not exceeding Fifty (P50. (b) Venue. or other record which are deemed relevant or material to the inquiry. Contempt. The officer or officers designated by the Authority to hear the complaint may summarily adjudge in direct contempt any person guilty of misbehavior in the presence of or so near the said hearing officials as to obstruct or interrupt the proceedings before the same or of refusal to be sworn or to answer as a witness or to subscribe an affidavit or deposition when lawfully required to do so.00) Pesos or imprisonment not exceeding five (5) days. (d) Power incidental to the hearing. The Rules of court shall not apply in said hearing except by analogy or in a suppletory character and whenever practicable and convenient. The officer or officers designated to hear the complaint may also adjudge any person in indirect contempt on grounds and in the manner prescribed in Rule 71 of the Revised Rules of Court.(a) Notice. For the purpose of the hearing or other proceeding under this Decree. memorandum. the officer or officers designated to hear the complaint shall have the power to administer oaths. The case shall be decided within thirty (30) days from the time the same is submitted for decision. of the performance bond mentioned in Section 6 hereof. correspondence. subpoena witnesses. the Decision may direct the provincial or city engineer to undertake or cause the construction of roads and of other requirements for the subdivision or condominium as stipulated in the bond. Section 14. The proceedings shall be non-litigious and summary in nature without regard to legal technicalities obtaining in courts of law. In case forfeiture of the bond is ordered. or both. in whole or in part. and require the production of any book.

The owner or developer shall answerable and liable for the facilities. leaflets. shall be notified before the release of the loan. passageway or required open space delineated on a complex subdivision plan hereafter approved and as defined in this Decree. Advertisements that may be made by the owner or developer through newspaper. is presented to the Register of Deeds for registration. if any. Whenever a subdivision plan duly approved in accordance with Section 4 hereof. it may. Section 19. that it there is a street. No mortgage on any unit or lot shall be made by the owner or developer without prior written approval of the Authority. Mortgages. Advertisements. television. or open space so delineated on the plan shall be closed or otherwise disposed of by the registered owner without the requisite approval as provided under Section 22 of this Decree. a memorandum to the effect that except by way of donation in favor of a city or municipality. together with the corresponding owner's duplicate certificate of title. passageway or open space. Cease and Desist Order. radio. Registration. whether or not the purchase price is paid in full. Section 18. Such approval shall not be granted unless it is shown that the proceeds of the mortgage loan shall be used for the development of the condominium or subdivision project and effective measures have been provided to ensure such utilization. the Register of Deeds shall register the same in accordance with the provisions of the Land Registration Act. circulars or any other form about the subdivision or the condominium or its operations or activities must reflect the real facts and must be presented in such manner that will not tend to mislead or deceive the public. deeds of sale and other similar instruments relative to the sale or conveyance of the subdivision lots and condominium units. Section 17. or of any rule or regulation thereunder. with a view to enabling said buyer to obtain title over the lot or unit promptly after full payment thereto. The loan value of each lot or unit covered by the mortgage shall be determined and the buyer thereof. Whenever it shall appear to the Authority that any person is engaged or about to engage in any act or practice which constitutes or will constitute a violation of the provisions of this Decree.Section 16. shall be registered by the seller in the Office of the Register of Deeds of the province or city where the property is situated. advertisements and other sales propaganda disseminated by the owner or developer or his agents and the same shall form part of the sales warranties enforceable against said 262 . passageway. The buyer may. pay his installment for the lot or unit directly to the mortgagee who shall apply the payments to the corresponding mortgage indebtedness secured by the particular lot or unit being paid for. improvements. at his option. issue a cease and desist order to enjoin such act or practices. no portion of any street. as amended: Provided. upon due notice and hearing as provided in Section 13 hereof. infrastructures or other forms of development represented or promised in brochures. the Register of Deeds shall annotate on the new certificate of title covering the street. however. All contracts to sell.

the defaulting buyer shall be entitled to the 263 . letters or in any form of advertisement. Failure of the owner or developer to comply with the obligations under this and the preceding provisions shall constitute a violation punishable under Sections 38 and 39 of this Decree. Section 20. Failure to pay installments. The rights of the buyer in the event of this failure to pay the installments due for reasons other than the failure of the owner or developer to develop the project shall be governed by Republic Act No. Such buyer may. after due notice to the owner or developer. by the majority of the lot buyers in the subdivision. No owner or developer shall change or alter the roads. 6552. In cases of subdivision lots or condominium units sold or disposed of prior to the effectivity of this Decree. Time of Completion. be reimbursed the total amount paid including amortization interests but excluding delinquency interests. brochures. within one year from the date of the issuance of the license for the subdivision or condominium project or such other period of time as may be fixed by the Authority. Sales Prior to Decree. Alteration of Plans. 1972. Section 21. it shall be incumbent upon the owner or developer of the subdivision or condominium project to complete compliance with his or its obligations as provided in the preceding section within two years from the date of this Decree unless otherwise extended by the Authority or unless an adequate performance bond is filed in accordance with Section 6 hereof. infrastructures and other forms of development. open spaces. Section 22. printed matters. Section 23. facilities for public use and/or other form of subdivision development as contained in the approved subdivision plan and/or represented in its advertisements. No installment payment made by a buyer in a subdivision or condominium project for the lot or unit he contracted to buy shall be forfeited in favor of the owner or developer when the buyer. with interest thereon at the legal rate. Failure to comply with these warranties shall also be punishable in accordance with the penalties provided for in this Decree. including water supply and lighting facilities. desists from further payment due to the failure of the owner or developer to develop the subdivision or condominium project according to the approved plans and within the time limit for complying with the same. or in the absence of the latter. prospectus. Section 24. without the permission of the Authority and the written conformity or consent of the duly organized homeowners association. which are offered and indicated in the approved subdivision or condominium plans. Every owner or developer shall construct and provide the facilities. at his option. improvements.owner or developer. infrastructures. Non-Forfeiture of Payments. 6552 on August 26. Where the transaction or contract was entered into prior to the effectivity of Republic Act No. jointly and severally.

no 264 . Issuance of Title. that if the buyer has actually taken possession of and occupied the lot or unit. Realty Tax. No owner or developer shall levy upon any lot or buyer a fee for an alleged community benefit. Section 26.corresponding refund based on the installments paid after the effectivity of the law in the absence of any provision in the contract to the contrary. The owner or developer of a subdivision project or condominium project shall initiate the organization of a homeowners association among the buyers and residents of the projects for the purpose of promoting and protecting their mutual interest and assist in their community development. Other Charges. Donations of roads and open spaces to local government. Section 31. Fees to finance services for common comfort. upon completion of the development of said project may. Provided. Section 28. In the event a mortgage over the lot or unit is outstanding at the time of the issuance of the title to the buyer. Section 29. Real estate tax and assessment on a lot or unit shall de paid by the owner or developer without recourse to the buyer for as long as the title has not passed the buyer. security and sanitation may be collected only by a properly organized homeowners association and only with the consent of a majority of the lot or unit buyers actually residing in the subdivision or condominium project. The owner or developer shall deliver the title of the lot or unit to the buyer upon full payment of the lot or unit. the owner or developer shall redeem the mortgage or the corresponding portion thereof within six months from such issuance in order that the title over any fully paid lot or unit may be secured and delivered to the buyer in accordance herewith. Right of Way to Public Road. Section 27. convey by way of donation the roads and open spaces found within the project to the city or municipality wherein the project is located. except those required for the registration of the deed of sale in the Registry of Deeds. No owner or developer shall deny any person free access to any government office or public establishment located within the subdivision or which may be reached only by passing through the subdivision. Section 25. The owner or developer of a subdivision without access to any existing public road or street must secure a right of way to a public road or street and such right of way must be developed and maintained according to the requirement of the government and authorities concerned. at his option. Access to Public Offices in the Subdivisions. Upon acceptance of the donation by the city or municipality concerned. he shall be liable to the owner or developer for such tax and assessment effective the year following such taking of possession and occupancy. No fee. Organization of Homeowners Association. The registered owner or developer of the subdivision or condominium project. Section 30. shall be collected for the issuance of such title. however.

or association engaged in the business of selling subdivision lots and condominium units. cooperative or other persons associated or connected with the business and to issue subpoena or subpoena duces tecum in relation to any investigation that may arise therefrom. Visitorial powers. as the case may be. partnership. association. stockholders or members of any corporation. Such standards. Take-over Development. The requirement imposed by this Decree on the subdivision as a whole shall be deemed imposed on each phase. Any condition. after such take-over. For this purpose. collect and receive from the buyers the installment payments due on the lots. which shall be utilized for the development of the subdivision. officers. to conduct an ocular inspection of the project to determine whether the development of said project conforms to the standards and specifications prescribed by the government. and condition of any person. at any time. For purposes of complying with the provisions of this Decree. rules and regulations for the effective implementation of the provisions of this Decree. cooperative. This Authority. the official authorized so to do shall have the authority to examine under oath the directors. corporation. and other documents belonging to the person or entities herein mentioned shall be open to inspection by the Authority or its duly authorized representative. The Authority may. in cases where the owner or developer has refused or failed to develop or complete the development of the project as provided for in this Decree. Phases of Subdivision. The Authority may also authorize the Provincial. stipulation. papers. The Authority shall issue the necessary standards. Rules and Regulations. Section 34. the proposed conversion is approved by the Authority. each phase to cover not less than ten hectares. Section 36. Section 33. rules and regulations shall take effect immediately after their 265 . through its duly authorized representative may. City or Municipal Engineer. Section 35. Section 32.portion of the area donated shall thereafter be converted to any other purpose or purposes unless after hearing. The Authority. Nullity of waivers. The books. demand. jointly and severally. or provision in contract of sale whereby any person waives compliance with any provision of this Decree or of any rule or regulation issued thereunder shall be void. administration. partnership. the owner or developer may divide the development and sale of the subdivision into phases. letters. may take over or cause the development and completion of the subdivision or condominium project at the expenses of the owner or developer. make an examination into the business affairs.

Penalties. this 12th day of July. REPUBLIC ACT NO. Any person who shall violate any of the provisions of this Decree and/or any rule or regulation that may be issued pursuant to this Decree shall. Section 43. Fines shall be payable to the Authority and enforceable through writs of execution in accordance with the provisions of the Rules of Court. Every person who directly or indirectly controls any person liable under any provision of this Decree or of any rule or regulation issued thereunder shall be liable jointly and severally with and to the same extent as such controlled person unless the controlling person acted in good faith and did not directly or indirectly induce the act or acts constituting the violation or cause of action.000. Section 37. rulings or decisions. The Authority may deputize the Philippine Constabulary or any law enforcement agency in the execution of its final orders. 4726 266 . partnership.00) pesos and/or imprisonment of not more than ten years: Provided. Liability of controlling persons. Manager or Administrator or the person who has charge of the administration of the business shall be criminally responsible for any violation of this Decree and/or the rules and regulations promulgated pursuant thereto. Other remedies. the President. The Authority may prescribe and impose fines not exceeding ten thousand pesos for violations of the provisions of this Decree or of any rule or regulation thereunder. Deputization of law enforcement agencies. nineteen hundred and seventy-six. in the year of Our Lord. All laws. upon conviction. Effectivity. rules and regulations or part thereof inconsistent with the provisions of this Decree are hereby repealed or modified accordingly. Administrative Fines. Section 41. or associations. Section 38. The rights and remedies provided in this Decree shall be in addition to any and all other rights and remedies that may be available under existing laws. Done in the City of Manila. cooperatives. Repealing clause. That in the case of corporations. executive orders. Section 40.publication three times a week for two consecutive weeks in any newspaper of general circulation. Section 42. Section 39. This Decree shall take effect upon its approval. be punished by a fine of not more than twenty thousand (P20.

including one or more rooms or spaces located in one or more floors (or part or parts of floors) in a building or buildings and such accessories as may be appended thereto. on property in the Civil Code and other pertinent laws. A condominium may include. Sec. to the exclusion of others. in proportion to the appurtenant interest of their respective units in the common areas. or the appurtenant interests in such areas. ESTABLISH REQUIREMENTS FOR ITS CREATION. a separate interest in other portions of such real property. 3. in addition. if the latter had been patented or registered under either the Land 267 . 2. may be held by a corporation specially formed for the purpose (hereinafter known as the "condominium corporation") in which the holders of separate interest shall automatically be members or shareholders. Title to the common areas. A condominium is an interest in real property consisting of separate interest in a unit in a residential. directly or indirectly. AND GOVERN ITS INCIDENTS.AN ACT TO DEFINE CONDOMINIUM. unless the context otherwise requires: (a) "Condominium" means a condominium as defined in the next preceding section. including all structures thereon. The short title of this Act shall be "The Condominium Act". 4. Sec. in the land on which it is located and in other common areas of the building. industrial or commercial building and an undivided interest in common. including the land. The real right in condominium may be ownership or any other interest in real property recognized by law. The provisions of this Act shall apply to property divided or to be divided into condominiums only if there shall be recorded in the Register of Deeds of the province or city in which the property lies and duly annotated in the corresponding certificate of title of the land. Sec. (c) "Project" means the entire parcel of real property divided or to be divided in condominiums. (d) "Common areas" means the entire project excepting all units separately granted or held or reserved. (e) "To divide" real property means to divide the ownership thereof or other interest therein by conveying one or more condominiums therein but less than the whole thereof. (b) "Unit" means a part of the condominium project intended for any type of independent use or ownership. Sec. 1. As used in this Act.

Until registration of a revocation. among others. Sec. if he is other than those executing the master deed. (f) A certificate of the registered owner of the property. the membership or shareholdings in the 268 . as well as of all registered holders of any lien or encumbrance on the property. in a proper case. an enabling or master deed which shall contain. (h) Any reasonable restriction not contrary to law. The enabling or master deed may be amended or revoked upon registration of an instrument executed by the registered owner or owners of the property and consented to by all registered holders of any lien or encumbrance on the land or building or portion thereof. Where title to or the appurtenant interests in the common areas is or is to be held by a condominium corporation. a statement to this effect shall be included. morals or public policy regarding the right of any condominium owner to alienate or dispose of his condominium. (c) Description of the common areas and facilities. shall include the transfer or conveyance of the undivided interests in the common areas or. stating the number of stories and basements. The term "registered owner" shall include the registered owners of condominiums in the project. the provisions of this Act shall continue to apply to such property. the number of units and their accessories.Registration or Cadastral Acts. (2) A diagrammatic floor plan of the building or buildings in the project. (d) A statement of the exact nature of the interest acquired or to be acquired by the purchaser in the separate units and in the common areas of the condominium project. 5. (e) Statement of the purposes for which the building or buildings and each of the units are intended or restricted as to use. office or store or other space therein. unless a survey plan of the same property had previously bee filed in said office. if any. its relative location and approximate dimensions. Any transfer or conveyance of a unit or an apartment. in sufficient detail to identify each unit. that they consent to the registration of the deed. (g) The following plans shall be appended to the deed as integral parts thereof: (1) A survey plan of the land included in the project. the following: (a) Description of the land on which the building or buildings and improvements are or are to be located. (b) Description of the building or buildings.

windows and doors thereof. Unless otherwise expressly provided in the enabling or master deed or the declaration of restrictions. (c) Unless otherwise. windows and doors bounding his own unit. however. hallways. (e) Each condominium owner shall have the exclusive right to paint. wax. conduits. floors. the common areas are held in common by the holders of units. in equal shares.condominium corporation: Provided. Such easement shall be automatically terminated in any air space upon destruction of the unit as to render it untenantable. the incidents of a condominium grant are as follows: (a) The boundary of the unit granted are the interior surfaces of the perimeter walls. (g) Each condominium owner has also the absolute right to sell or dispose of his condominium unless the master deed contains a requirement that the property be first 269 . The following are not part of the unit bearing walls. wires and other utility installations. floors. lobbies. tile. floors. provided. ceilings. tanks. ceilings. except in cases of hereditary succession. no transfer or conveyance of a unit shall be valid if the concomitant transfer of the appurtenant membership or stockholding in the corporation will cause the alien interest in such corporation to exceed the limits imposed by existing laws. an exclusive easement for the use of the air space encompassed by the boundaries of the unit as it exists at any particular time and as the unit may lawfully be altered or reconstructed from time to time. or corporations at least sixty percent of the capital stock of which belong to Filipino citizens. pipes. (f) Each condominium owner shall have the exclusive right to mortgage. flues. reservoirs. pledge or encumber his condominium and to have the same appraised independently of the other condominiums but any obligation incurred by such condominium owner is personal to him. central heating. as an appurtenance thereof. pumps and other central services and facilities. 6. columns. paper or otherwise refinish and decorate the inner surfaces of the walls. chutes. (b) There shall pass with the unit. roofs. no condominium unit therein shall be conveyed or transferred to persons other than Filipino citizens. elevator equipment and shafts. (d) A non-exclusive easement for ingress. That where the common areas in the condominium project are owned by the owners of separate units as co-owners thereof. egress and support through the common areas is appurtenant to each unit and the common areas are subject to such easements. stairways. wherever located. except the outlets thereof when located within the unit. and other areas of common use. one for each unit. foundations and other common structural elements of the building. repaint. ducts. Sec. central refrigeration and central airconditioning equipment. Where the common areas in a condominium project are held by a corporation.

and that condominium owners holding in aggregate more than fifty percent interest in the common areas are opposed to repair or restoration or remodeling or modernizing of the project. 270 . prior to the conveyance of any condominium therein. 9. or (d) That the project or a material part thereof has been condemned or expropriated and that the project is no longer viable. duly registered in accordance with the terms of this Act. and there shall be no judicial partition thereof. or (e) That the conditions for such partition by sale set forth in the declaration of restrictions. or (b) That damage or destruction to the project has rendered one-half or more of the units therein untenantable and that condominium owners holding in aggregate more than thirty percent interest in the common areas are opposed to repair or restoration of the project. which restrictions shall constitute a lien upon each condominium in the project. as if the owners of all of the condominiums in such project were co-owners of the entire project in the same proportion as their interests in the common areas:Provided. or (c) That the project has been in existence in excess of fifty years. Where several persons own condominiums in a condominium project. unless otherwise provided. Except as provided in the following section. Sec. Such liens.offered to the condominium owners within a reasonable period of time before the same is offered to outside parties. an action may be brought by one or more such persons for partition thereof by sale of the entire project. however. the common areas shall remain undivided. or that the condominium owners holding in aggregate more than seventy percent interest in the common areas are opposed to continuation of the condominium regime after expropriation or condemnation of a material portion thereof. The Register of Deeds shall enter and annotate the declaration of restrictions upon the certificate of title covering the land included within the project. if the land is patented or registered under the Land Registration or Cadastral Acts. register a declaration of restrictions relating to such project. that it is obsolete and uneconomic. Sec. That a partition shall be made only upon a showing: (a) That three years after damage or destruction to the project which renders material part thereof unit for its use prior thereto. 8. The owner of a project shall. the project has not been rebuilt or repaired substantially to its state prior to its damage or destruction. have been met. and shall insure to and bind all condominium owners in the project. Sec. may be enforced by any condominium owner in the project or by the management body of such project. 7.

notices. which said power shall be binding upon all of the condominium owners regardless of whether they assume the obligations of the restrictions or not. (4) For purchase of materials. and for discharge of any lien or encumbrance levied against the entire project or the common areas. (3) Provisions for maintenance.The declaration of restrictions shall provide for the management of the project by anyone of the following management bodies: a condominium corporation. utility. Such declaration of restrictions. and for bonding of the members of any management body. workmen's compensation and other insurable risks. may also provide: (a) As to any such management body. accounting and other professional and technical services. meeting date. a board of governors elected by condominium owners. including power to enforce the provisions of the declarations of restrictions. (1) For the powers thereof. (6) For reconstruction of any portion or portions of any damage to or destruction of the project. among other things. supplies and the like needed by the common areas. for the employment of personnel necessary for the operation of the building. 271 . liability. and other rules governing such body or bodies. an association of the condominium owners. gardening and other services benefiting the common areas. or a management agent elected by the owners or by the board named in the declaration. (2) For maintenance of insurance policies. casualty. (8) For entry by its officers and agents into any unit when necessary in connection with the maintenance or construction for which such body is responsible. It shall also provide for voting majorities quorums. (9) For a power of attorney to the management body to sell the entire project for the benefit of all of the owners thereof when partition of the project may be authorized under Section 8 of this Act. (7) The manner for delegation of its powers. and legal. insuring condominium owners against loss by fire. (5) For payment of taxes and special assessments which would be a lien upon the entire project or common areas.

Sec. Such right to partition or dissolution may be conditioned upon failure of the condominium owners to rebuild within a certain period or upon specified inadequacy of insurance proceeds. shall not be transferable separately from the condominium unit of which it is an appurtenance. subject to the superior rights of the corporation creditors. or upon a decision of an arbitrator. In case of involuntary dissolution of a condominium corporation for any of the causes provided by law. 10. he shall automatically cease to be a member or stockholder of the condominium corporation. 11. Membership in a condominium corporation. other than those provided for in Sections eight and thirteen of this Act. Such transfer or conveyance shall be deemed to be a full liquidation of the interest of such members or stockholders in the corporation. (c) For independent audit of the accounts of the management body. When a member or stockholder ceases to own a unit in the project in which the condominium corporation owns or holds the common areas. regardless of whether it is a stock or non-stock corporation. or the declaration of restrictions of the project. incidental or convenient to the accomplishment of said purposes. (f) For conditions. upon which partition of the project and dissolution of the condominium corporation may be made. The term of a condominium corporation shall be co-terminus with the duration of the condominium project. (d) For reasonable assessments to meet authorized expenditures. and to such other purposes as may be necessary. each condominium unit to be assessed separately for its share of such expenses in proportion (unless otherwise provided) to its owners fractional interest in any common areas.(b) The manner and procedure for amending such restrictions: Provided. by way of liquidation. the provisions of the Corporation Law to the contrary notwithstanding. The articles of incorporation or by-laws of the corporation shall not contain any provision contrary to or inconsistent with the provisions of this Act. the common areas owned or held by the corporation shall. the enabling or master deed. such corporation shall constitute the management body of the project. Sec. 12. Whenever the common areas in a condominium project are held by a condominium corporation. be transferred pro-indiviso and in proportion to their interest in the corporation to the members or stockholders thereof. That the vote of not less than a majority in interest of the owners is obtained. Sec. or upon specified percentage of damage to the building. either in ownership or any other interest in real property recognized by law. or upon any other reasonable condition. (e) For the subordination of the liens securing such assessments to other liens either generally or specifically described. After 272 . The corporate purposes of such a corporation shall be limited to the holding of the common areas. to the management of the project.

if a stock corporation. or (c) That the project has been in existence in excess of fifty years. the project has not been rebuilt or repaired substantially to its state prior to its damage or destruction. Until the enabling or the master deed of the project in which the condominium corporation owns or holds the common area is revoked. if non-stock.such transfer or conveyance. the corporation shall not be voluntarily dissolved through an action for dissolution under Rule 104 of the Rules of Court except upon a showing: (a) That three years after damage or destruction to the project in which the corporation owns or holds the common areas. are opposed to the continuation of the condominium regime after expropriation or condemnation of a material portion thereof. or the stockholders representing more than seventy percent of the capital stock entitled to vote. Sec. or the stockholders representing more than fifty percent of the capital stock entitled to vote. if non-stock. that it is obsolete and uneconomical. or undivided interest in. Sec. Unless otherwise provided for in the declaration of restrictions upon voluntary dissolution of a condominium corporation in accordance with the provisions of Sections thirteen and fourteen of this Act. if non-stock. The condominium corporation may also be dissolved by the affirmative vote of all the stockholders or members thereof at a general or special meeting duly called for the purpose: Provided. or (e) That the conditions for such a dissolution set forth in the declaration of restrictions of the project in which the corporation owns of holds the common areas. if a stock corporation. That all the requirements of Section sixty-two of the Corporation Law are complied with. have been met. Sec. or that the members holding in aggregate more than seventy percent interest in the corporation. the common areas in condominium projects shall fully apply. the provisions of this Act governing undivided coownership of. are opposed to the repair or restoration or remodeling or modernizing of the project. 15. 13. and that more than fifty percent of the members of the corporation. 14. or (b) That damage or destruction to the project has rendered one-half or more of the units therein untenantable and that more than thirty percent of the members of the corporation. the corporation shall be deemed to hold a power of attorney from all the members or stockholders to sell and dispose of their separate 273 . which damage or destruction renders a material part thereof unfit for its use prior thereto. if a stock corporation. or (d) That the project or a material part thereof has been condemned or expropriated and that the project is no longer viable. or the shareholders representing more than thirty percent of the capital stock entitled to vote. are opposed to the repair or reconstruction of the project.

the registration of the deed of conveyance of a condominium shall be sufficient if the Register of Deeds shall keep the original or signed copy thereof. the Register of Deeds shall. upon payment of the proper fees. sell. name and personal circumstances of the condominium owner would be sufficient for purposes of the "condominium owner's" copy of the certificate of title. Any provision of the Corporation Law to the contrary notwithstanding. lease or otherwise dispose of the common areas owned or held by it in the condominium project unless authorized by the affirmative vote of all the stockholders or members. a brief description of the condominium conveyed.interests in the project and liquidation of the corporation shall be effected by a sale of the entire project as if the corporation owned the whole thereof. during its existence. exchange. In case of disagreement as to price. No conveyance of condominiums or part thereof. 18. subject to the rights of the corporate and of individual condominium creditors. Sec. Upon registration of an instrument conveying a condominium. The corporation shall have two years within which to pay for the shares or furnish a purchaser of its choice from the time of award. A condominium corporation shall not. 16. Said "condominium owner's" copy need not reproduce the ownership status or series of transactions in force or annotated with respect to other condominiums in the project. the procedure set forth in the appropriate provision of the Corporation Law for valuation of shares shall be followed. Sec. and return a copy of the deed of conveyance to the condominium owner duly acknowledge and stamped by the Register of Deeds in the same manner as in the case of registration of conveyances of real property under said laws. A copy of the description of the land. subsequent to the original conveyance thereof from the owner of the project. All expenses incurred in the liquidation of the interest of the dissenting member or stockholder shall be borne by him. as amended. enter and annotate the conveyance on the certificate of title covering the land included within the project and the transferee shall be entitled to the issuance of a "condominium owner's" copy of the pertinent portion of such certificate of title. 274 . 17. In cases of condominium projects registered under the provisions of the Spanish Mortgage Law or Act 3344. the bylaws of a condominium corporation shall provide that a stockholder or member shall not be entitled to demand payment of his shares or interest in those cases where such right is granted under the Corporation Law unless he consents to sell his separate interest in the project to the corporation or to any purchaser of the corporation's choice who shall also buy from the corporation the dissenting member or stockholder's interest. together with the certificate of the management body of the project. shall be registered unless accompanied by a certificate of the management body of the project that such conveyance is in accordance with the provisions of the declaration of restrictions of such project. Sec.

The notice shall state the amount of such assessment and such other charges thereon a may be authorized by the declaration of restrictions. shall be and become a lien upon the condominium assessed when the management body causes a notice of assessment to be registered with the Register of Deeds of the city or province where such condominium project is located. shall be deemed to be performed or furnished with the express consent of each condominium owner. the management body shall have power to bid at foreclosure sale. The condominium owner shall have the same right of redemption as in cases of judicial or extra-judicial foreclosure of mortgages. Such express consent shall be deemed to have been given by the owner of any condominium in the case of emergency repairs of his condominium unit. 21. 20. Labor performed or services or materials furnished for the common areas. cancel the certificates of title of the property and issue a new one in the name of said condominium owners as proindiviso co-owners thereof. at the request of all the condominium owners and upon surrender of all their "condominium owner's" copies. a description of the condominium. Sec. 275 . unit against which same has been assessed. The amount of any such assessment plus any other charges thereon. shall be the basis of a lien against the condominium of any other condominium owner. Unless otherwise provided for in the declaration of restrictions. No labor performed or services or materials furnished with the consent of or at the request of a condominium owner or his agent or his contractor or subcontractor. Such notice shall be signed by an authorized representative of the management body or as otherwise provided in the declaration of restrictions. as such may be provided for in the declaration of restrictions. the management body shall cause to be registered a release of the lien. 19. Such lien shall be superior to all other liens registered subsequent to the registration of said notice of assessment except real property tax liens and except that the declaration of restrictions may provide for the subordination thereof to any other liens and encumbrances. Such liens may be enforced in the same manner provided for by law for the judicial or extra-judicial foreclosure of mortgages of real property.Sec. the Register of Deeds may. unless such other owners have expressly consented to or requested the performance of such labor or furnishing of such materials or services. Sec. Upon payment of said assessment and charges or other satisfaction thereof. and the name of the registered owner thereof. The owner of any condominium may remove his condominium from a lien against two or more condominiums or any part thereof by payment to the holder of the lien of the fraction of the total sum secured by such lien which is attributable to his condominium unit. such as interest. if duly authorized by the management body provided for in a declaration of restrictions governing the property. costs (including attorney's fees) and penalties. Where the enabling or master deed provides that the land included within a condominium project are to be owned in common by the condominium owners therein. An assessment upon any condominium made in accordance with a duly registered declaration of restrictions shall be an obligation of the owner thereof at the time the assessment is made.

Sec. declaring which portion or portions of the project shall continue as a condominium project. and its provisions shall be presumed to be independent and severable. Whenever real property has been divided into condominiums.Sec. Sec. the Register of Deeds shall enter and annotate the same on the pertinent certificate of title. Unless otherwise provided for by the declaration of restrictions. for the benefit of the condominium owners. for purposes of real property taxation and other tax purposes to the owners thereof and the tax on each such condominium shall constitute a lien solely thereon. 4118 276 . 1966 ACT NO. and the beneficial interest in such personal property shall be owned by the condominium owners in the same proportion as their respective interests in the common areas. and the respective rights of said remaining owners and the just compensation. All Acts or parts of Acts in conflict or inconsistent with this Act are hereby amended insofar as condominium and its incidents are concerned. A transfer of a condominium shall transfer to the transferee ownership of the transferor's beneficial interest in such personal property. 26. 22. Approved: June 18. Any deed. each condominium separately owned shall be separately assessed. 25.A. Sec. the management body. in an action for partition of a condominium project or for the dissolution of condominium corporation on the ground that the project or a material part thereof has been condemned or expropriated. Where. the owners thereof. the Court may decree a reorganization of the project. the Court finds that the conditions provided for in this Act or in the declaration of restrictions have not been met. Upon receipt of a copy of the decree. 24. that a condominium owner may be entitled to due to deprivation of his property. provided for herein. This Act shall take effect upon its approval. 31351092 AN ACT TO REGULATE THE SALE OF PROPERTY UNDER SPECIAL POWERS INSERTED IN OR ANNEXED TO REAL-ESTATE MORTGAGES 1092 as amended by R. Sec. if any. 23. tangible and intangible personal property and may dispose of the same by sale or otherwise. 27. declaration or plan for a condominium project shall be liberally construed to facilitate the operation of the project. Sec. may acquire and hold.

whether or not provision for the same is made in the power. SECTION 3. Said sale cannot be made legally outside of the province in which the property sold is situated. At any sale. his successors in interest or any judicial creditor or judgment creditor of said debtor. and if such property is worth more than four hundred pesos. Notice shall be given by posting notices of the sale for not less than twenty days in at least three public places of the municipality or city where the property is situated. the creditor. the provisions of the following election shall govern as to the manner in which the sale and redemption shall be effected. such notice shall also be published once a week for at least three consecutive weeks in a newspaper of general circulation in the municipality or city. 277 . and shall be under the direction of the sheriff of the province. trustee. the purchaser may petition the Court of First Instance of the province or place where the property or any part thereof is situated. the debtor. The sale shall be made at public auction. in addition to his expenses. the justice or auxiliary justice of the peace of the municipality in which such sale has to be made. SECTION 2.SECTION 1. or other persons authorized to act for the creditor. and such redemption shall be governed by the provisions of sections four hundred and sixty-four to four hundred and sixty-six. between the hours or nine in the morning and four in the afternoon. to give him possession thereof during the redemption period. who shall be entitled to collect a fee of five pesos each day of actual work performed. in so far as these are not inconsistent with the provisions of this Act. may participate in the bidding and purchase under the same conditions as any other bidder.” SECTION 7. In any sale made under the provisions of this Act. or any person having a lien on the property subsequent to the mortgage or deed of trust under which the property is sold. inclusive. and in case the place within said province in which the sale is to be made is subject to stipulation. In all cases in which an extrajudicial sale is made under the special power herein before referred to. to indemnify the debtor in case it be shown that the sale was made without violating the mortgage or without complying with the requirements of this Act. unless the contrary has been expressly provided in the mortgage or trust deedunder which the sale is made. SECTION 4. furnishing bond in an amount equivalent to the use of the property for a period of twelve months. or a notary public of said municipality. of the Code of Civil Procedure. such sale shall be made in said place or in the municipal building of the municipality in which the property or part thereof is situated. SECTION 6. When a sale is made under a special power inserted in or attached to any real-estate mortgage hereafter made as security for the payment of money or the fulfillment of any other obligation. SECTION 5. may redeem the same at any time within the term of one year from and after the date of the sale.

but not later than thirty days after the purchaser was given possession. who shall execute said order immediately. specifying the damages suffered by him. or in special proceedings in the case of property registered under the Mortgage Law or under section one hundred and ninety-four of the Administrative Code. collect the fees specified in paragraph eleven of section one hundred and fourteen of Act Numbered Four hundred and ninety-six. it shall dispose in his favor of all or part of the bond furnished by the person who obtained possession. upon the filing of such petition. as amended by Act Numbered Twenty-eight hundred and sixty-six. When the property is redeemed after the purchaser has been given possession. it being town property. and in each case the clerk of the court shall. and the court shall take cognizance of this petition in accordance with the summary procedure provided for in section one hundred and twelve of Act Numbered Four hundred and ninety-six. and if it finds the complaint of the debtor justified. petition that the sale be set aside and the writ of possession cancelled. the redeemer may deduct from the price the interest of one per centum per month provided for in section four hundred and sixty-five of the Code of Civil Procedure. in the proceedings in which possession was requested. the redeemer shall be entitled to deduct from the price of redemption any rentals that said purchaser may have collected in case the property or any part thereof was rented. upon approval of the bond. Section 9. The debtor may. addressed to the sheriff of the province in which the property is situated. Either of the parties may appeal from the order of the judge in accordance with section fourteen of Act Numbered Four hundred and ninetysix. or of any other real property encumbered with a mortgage duly registered in the office of any register of deeds in accordance with any existing law. 1924 _______________________________________________________________________ 278 . Approved: March 6. but the order of possession shall continue in effect during the pendency of the appeal. it being rural property. SECTION 10. order that a writ of possession issue. Section 8. because the mortgage was not violated or the sale was not made in accordance with the provisions hereof. or used it gainfully.Such petition shall be made under oath and filed in form of an ex parte motion in the registration or cadastral proceedings if the property is registered. and the court shall. if the purchaser occupied the property as his own dwelling. This Act shall take effect on its approval.

All personal property shall be subject to mortgage. If the condition is performed according to its terms the mortgage and sale immediately become void. FORM OF CHATTEL MORTGAGE AND AFFIDAVIT. unless the possession of the property is delivered to and retained by the mortgagee or unless the mortgage is recorded in the office of the register of deeds of the province in which the mortgagor resides at the time of making the same. 3. and each mortgagor and mortgagee. and for the purposes of this Act the city of Manila shall be deemed to be a province. — A chattel mortgage shall be deemed to be sufficient when made substantially in accordance with the following form. — A chattel mortgage shall not be valid against any person except the mortgagor. agreeably to the provisions of this Act. and a mortgage executed in pursuance thereof shall be termed chattel mortgage. and the certificate of the oath signed by the authority administering the same. in the absence of the mortgagee. in the province in which the property is situated: Provided. or. who shall sign the mortgage as witnesses to the execution thereof. Chattel mortgage defined. the mortgage shall be recorded in the office of the register of deeds of both the province in which the mortgagor resides and that in which the property is situated. the condition being that the sale shall be void upon the seller paying to the purchaser a sum of money or doing some other act named. Sec. — A chattel mortgage is a conditional sale of personal property as security for the payment of a debt. if he resides without the Philippine Islands. 2. Sec. 5. in the presence of two witnesses. signed by the parties to the mortgage as above stated. The short title of this Act shall be "The Chattel Mortgage Law. shall make and subscribe an affidavit in substance as hereinafter set forth. 279 . 1508 – AN ACT PROVIDING FOR THE MORTGAGING OF PERSONAL PROPERTY AND FOR THE REGISTRATION OF THE MORTGAGES SO EXECUTED Section 1." Sec. Validity. shall be appended to such mortgage and recorded therewith. his agent or attorney. which affidavit. That if the property is situated in a different province from that in which the mortgagor resides. however. and the mortgagee is thereby divested of his title. and shall be signed by the person or persons executing the same. his executors or administrators. or the performance of some other obligation specified therein. Sec. or. 4. Form.ACT NO.

to wit: (Here insert specific description of the property mortgaged. his heirs.) "The conditions of this obligation are such that if the mortgagor. executors.) FORM OF OATH. of promissory notes for the sum of ____________ pesos. describe correctly but concisely the obligation to be performed. according to the terms of __________. Province of ____________. and one not entered into for the purpose of fraud. witnesseth: "That the said mortgagor hereby conveys and mortgages to the said mortgagee all of the following-described personal property situated in the municipality of ______________. a resident of the municipality of ______________. and that the same is a just and valid obligation. Philippine Islands. with (or without.) "This mortgage is given as security for the payment to the said ______. in the Province of ________. Philippine Islands mortgagor. Province of ____________ and now in the possession of said mortgagor. and in the words and figures following (here insert copy of the note or notes secured). Province of ______________. "Executed at the municipality of _________. to ____________. then this obligation shall be null and void."This mortgage made this ____ day of ______19____ by _______________. as the case may be) interest thereon at the rate of ___________ per centum per annum. this _____ day of 19_____ ____________________ (Signature of mortgagor." 280 . mortgagee. dated _________. and for no other purpose. or administrators shall well and truly perform the full obligation (or obligations) above stated according to the terms thereof. a resident of the municipality of ___________. certain promissory notes.) "In the presence of "_________________ "_________________ (Two witnesses sign here. "(If the mortgage is given for the performance of some other obligation aside from the payment of promissory notes. "We severally swear that the foregoing mortgage is made for the purpose of securing the obligation specified in the conditions thereof. mortgagee.

the parties who signed the foregoing affidavit and made oath to the truth thereof before me. "At ___________. care for and protect the crop while growing. cashier. and retain possession thereof and sell the same. A chattel mortgage shall be deemed to cover only the property described therein and not like or substituted property thereafter acquired by the mortgagor and placed in the same depository as the property originally mortgaged. class." as defined by section one of Act Numbered Eleven and forty-seven. administrator. 1 or other officer. and selling the crop and the amount of the indebtedness or obligation secured by the mortgage. after performance of the condition before or 281 . assign. harvesting. Descriptions of property. 2 and the amendments thereof. or either of them. treasurer. as the case may be. — If the mortgagee. Failure of mortgagee to discharge the mortgage. 6. to identify the same. When a partnership is a party to the mortgage the affidavit may be made and subscribed by one member thereof. and the surplus thereof. Sec. "_____________________________" (Notary public. trustee. age. together with the number and place of issue of such certificates of ownership. — The description of the mortgaged property shall be such as to enable the parties to the mortgage. in the Province of _________. or cowlicks. knots of radiated hair commonly known as remolinos. 8. if any shall be paid to the mortgagor or those entitled to the same. and other marks of ownership as described and set forth in the certificate of ownership of said animal or animals. and that in default of the performance of such duties the mortgage may enter upon the premises. after reasonable inquiry and investigation. sex. If growing crops be mortgaged the mortgage may contain an agreement stipulating that the mortgagor binds himself properly to tend. justice of the peace. or any other person. the description of said property in the mortgage shall contain the brands.) Sec. — When a corporation is a party to such mortgage the affidavit required may be made and subscribed by a director. If the property mortgaged be large cattle. take all the necessary measures for the protection of said crop. Corporations. and faithfully and without delay to harvest the same. or by a person authorized on the part of such corporation to make or to receive such mortgage. anything in the mortgage to the contrary notwithstanding. Sec. and from the proceeds of such sale pay all expenses incurred in caring for. executor.FORM OF CERTIFICATE OF OATH. or manager thereof. 7. personally appeared ____________.

Sec. and shall operate as a discharge of the lien thereon created by the mortgage. The return shall particularly describe the articles sold. or assign. to be sold at public auction by a public officer at a public place in the municipality where the mortgagor resides. Sale of property at public auction. The officer making the sale shall. and the mortgagee. his executor. Officer's return. place. Sec. and the residue shall be paid to persons holding subsequent mortgages in 1093 repealed 282 . Fees. The proceeds of such sale shall be applied to the payment. 14. and the register of deeds shall record the same.after the breach thereof. the person entitled to redeem may recover of the person whose duty it is to discharge the same twenty pesos for his neglect and all damages occasioned thereby in an action in any court having jurisdiction of the subject-matter thereof. provided at least ten days' notice of the time. discharge the mortgage in the manner provided by law. 4 and the amendments thereto. does not within ten days after being requested thereto by any person entitled to redeem. administrator. and then to the payment of the demand or obligation secured by such mortgage. or any part thereof. first. within thirty days thereafter. and the fees of the register of deeds for registering the officer's return shall be taxed as a part of the costs of sale. Disposition of proceeds. and purpose of such sale has been posted at two or more public places in such municipality. — The mortgagee. a mortgagor or person holding a subsequent mortgage. and state the amount received for each article. When the condition of a chattel mortgage is broken. The fees of the officer for selling the property shall be the same as in the case of sale on execution as provided in Act Numbered One hundred and ninety. or sent by mail if he does not reside in such municipality. his executor. 9-12. or after tender of the performance of the condition. if within the municipality. An attaching creditor who so redeems shall be subrogated to the rights of the mortgagee and entitled to foreclose the mortgage in the same manner that the mortgagee could foreclose it by the terms of this Act. shall notify the mortgagor or person holding under him and the persons holding subsequent mortgages of the time and place of sale. cause the mortgaged property. which the officer shall pay to the register of deeds. or a subsequent attaching creditor may redeem the same by paying or delivering to the mortgagee the amount due on such mortgage and the reasonable costs and expenses incurred by such breach of condition before the sale thereof. after thirty days from the time of condition broken.1093 Sec. or assign. of the costs and expenses of keeping and sale. make in writing a return of his doings and file the same in the office of the register of deeds where the mortgage is recorded. may. or where the property is situated. administrator. either by notice in writing directed to him or left at his abode. at or after the time fixed for the performance. at least ten days previous to the sale. 13.

is mentioned in detail in the instrument filed. "Duly certified copies of such records and of filed instruments shall be receivable as evidence in any court. seventy-five pesos for the initial amount not exceeding thirty-five thousand pesos. and certify upon each mortgage officer's return of sale or discharge of mortgage. as well as on its duplicate. The recording of other instruments relating to a recorded mortgage shall be effected by way of annotations on the space provided therefor in the registration book. and a note that the property mortgaged. and any other instruments relating to a recorded mortgage. When the amount of the mortgage is more than six thousand pesos but does not exceed thirty thousand pesos. Sec. and shall record in such books any chattel mortgage.1094 1094 superseded by section 198 of the Administrative Code. If the sale includes any "large cattle. twenty-four pesos for the initial amount not exceeding eight thousand pesos. hour. and four pesos for each additional two thousand pesos or fractional part thereof. and give a certified copy thereof. the date. "(b) For filing and recording each chattel mortgage. name of the notary before whom it was sworn to or acknowledged. which shall be given a correlative number. and upon any other instrument relating to such a recorded mortgage. including the necessary certificates and affidavits. "The recording of a mortgage shall be effected by making an entry. Registration of chattel mortgages and fees collectible in connection therewith. When the amount of the mortgage is more than thirty thousand pesos but does not exceed one hundred thousand pesos. when requested. the date. "3. the sum or obligation guaranteed. — Every register of deeds shall keep a primary entry book and a registration book for the chattel mortgages. and minute when the same is received for record and record such certificate with the return itself and keep an alphabetical index of mortgagors and mortgagees. and all such instruments shall be presented to him in duplicate." a certificate of transfer as required by section sixteen of Act Numbered Eleven hundred and forty-seven 5 shall be issued by the treasurer of the municipality where the sale was held to the purchaser thereof. and the mortgagor. one hundred and seventy-six pesos for the initial amount not exceeding one 283 . the original to be filed and the duplicate to be returned to the person concerned. shall certify on each mortgage filed for record. three pesos and fifty centavos for the first five hundred pesos or fractional part thereof. or discharge thereof. after the same shall have been entered in the primary entry book. as well as the terms and conditions of the mortgage. assignment. and seven pesos for each additional five thousand pesos or fractional part thereof. "SECTION 198. one peso. and the balance.their order. which record and index shall be open to public inspection. When the amount of the mortgage does not exceed six thousand pesos. and a reference of such return on the record of the mortgage itself. 1960. approved June 18. date of the instrument. When the amount of the mortgage is more than one hundred thousand pesos but does not exceed five hundred thousand pesos. setting forth the names of the mortgagee. making reference upon the record of such officer's return to the volume and page of the record of the mortgage. shall be paid to the mortgagor or person holding under him on demand. the fees established in the following schedule shall be collected: "1. after paying the mortgages. Supporting papers presented together with the principal document need not be charged any entry or presentation fee unless the party in interest desires that they be likewise entered. both on the original and on the duplicate. "The register of deeds shall collect the following fees for services rendered by him under this section: "(a) For entry or presentation of any document in the primary entry book. and minute when the same was by him received. hour. "4. and one peso and fifty centavos for each additional five hundred pesos or fractional part thereof. "2. giving the proper file number thereof. 15. The following is the present text of section 198 as amended by RA 2711. upon payment of the lawful fees for such copy. "The register of deeds shall also certify the officer's return of sale upon any mortgage.

for which no specific fee is provided above. including the necessary index and references. "(d) For recording each notice of attachment. or of the assignment of mortgage credit. When the amount of the mortgage is more than five hundred thousand pesos. or transfer of the property which is subject of a recorded mortgage. administrator. "(h) For recording a power of attorney. in excess of the first two hundred words. the fees established in the preceding schedule shall be collected on the basis of ten per centum of the amount of the mortgage or unpaid balance thereof: Provided." 284 . including the index and references. This Act shall take effect on August first. "(f) For recording each release of attachment. That the latter is stated in the instrument. an additional fee of fifty centavos shall be collected for every one hundred words or fractional part thereof. including the necessary index and annotations. and fifteen pesos for each additional twenty thousand pesos or fractional part thereof: Provided. but in no case shall the fees payable in any registry be less than the minimum fixed in said schedule. and ten pesos for each additional ten thousand pesos or fractional part thereof. four pesos. five hundred eightyone pesos for the initial amount not exceeding five hundred twenty thousand pesos. "(k) For issuing a certificate relative to. That if the mortgage is to be registered in more than one city or province. including the necessary index and references. "(g) For recording each sheriff's return of sale. 16. two pesos. three pesos. the fees established in the schedule under paragraph (b) above shall be collected on the basis of five per centum of the amount of the mortgage. three pesos. the register of deeds of the city or province where the instrument is first presented for registration shall collect the full amount of the fees due in accordance with the schedule prescribed above. appointment of judicial guardian. "(i) For recording each instrument or order relating to a recorded mortgage. if it exceeds that number.Sec. nineteen hundred and six. "(e) For recording each release of mortgage. and the register of deeds of the other city or province where the same instrument is also to be registered shall collect only a sum equivalent to twenty per centum of the amount of fees due and paid in the first city or province. "(j) For certified copies of records. or trustee. for each such certificate containing not more than two hundred words. "(c) For recording each instrument of sale. or any other instrument in which a person is given power to act in behalf of another in connection with a mortgage. "5. however. conveyance. That registration of the mortgage in the province where the property is situated shall be sufficient registration: And provided. such fees as are allowed by law for copies kept by the register of deeds. further. two pesos. or a document on file. hundred ten thousand pesos. an entry in the registration book. three pesos. or showing the existence or non-existence of. including the proper annotations.

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