(573). (1710a), Article 1870. The following contracts are rescissible: (1) Those which are entered into by guardians whenever the wards whom they represent suffer lesion by more than one-fourth of the value of the things which are the object thereof; (2) Those agreed upon in representation of absentees, if the latter suffer the lesion stated in the preceding number; (3) Those undertaken in fraud of creditors when the latter cannot in any other manner collect the claims due them; (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; (5) All other contracts specially declared by law to be subject to rescission. Any person having the free disposal of his property may accept or repudiate an inheritance. A power granted after the partnership has been constituted may be revoked at any time. With regard to the child's property, the Rules of Court on guardianship shall govern. (422), Article 518. (842a), Article 902. If the donee imputes to the donor any criminal offense, or any act involving moral turpitude, even though he should prove it, unless the crime or act has been committed against the donee himself, his wife or children under his authority Article 1044. If solidarity has been agreed upon, each of the agents is responsible for the non-fulfillment of agency, and for the fault or negligence of his fellows agents, except in the latter case when the fellow agents acted beyond the scope of their authority. No contract for household service shall last for more than two years. Neither can the creditor's heir who received his share of the debt return the pledge or cancel the mortgage, to the prejudice of the other heirs who have not been paid. The action must be brought within ten years following the collapse of the building. (1786), Article 2007. Article 910. 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. (1422a), Article 182. The mortgage extends to the natural accessions, to the improvements, growing fruits, and the rents or income not yet received when the obligation becomes due, and to the amount of the indemnity granted or owing to the proprietor from the insurers of the property mortgaged, or in virtue of expropriation for public use, with the declarations, amplifications and limitations established by law, whether the estate remains in the possession of the mortgagor, or it passes into the hands of a third person. The vendor shall answer for the eviction even though nothing has been said in the contract on the subject. The appointment of a new agent for the same business or transaction revokes the previous agency from the day on which notice thereof was given to the former agent, without prejudice to the provisions of the two preceding articles. The district health officer shall take care that one or all of the remedies against a public nuisance are availed of. Except when authorized by the other partners or unless they have abandoned the business, one or more but less than all the partners have no authority to: (1) Assign the partnership property in trust for creditors or on the assignee's promise to pay the debts of the partnership; (2) Dispose of the good-will of the business; (3) Do any other act which would make it impossible to carry on the ordinary business of a partnership; (5) Enter into a compromise concerning a partnership claim or liability; (6) Submit a partnership claim or liability to arbitration; No act of a partner in contravention of a restriction on authority shall bind the partnership to persons having knowledge of the restriction. In case of abuse of powers of administration of the conjugal partnership property by the husband, the courts, on petition of the wife, may provide for receivership, or administration by the wife, or separation of property. Therefore, legitimes, betterments, legacies and bequests shall be respected; however, their amount shall be reduced if in no other manner can every compulsory heir be given his full share according to this Code. (n), Article 1903. When the law creating or recognizing them, or any other provision does not fix the domicile of juridical persons, the same shall be understood to be the place where their legal representation is established or where they exercise their principal functions. The obligation is extinguished from the time the characters of creditor and debtor are merged in the same person. (1188), Article 1272. (n), Article 1604. (1579a), Article 1685. The net remainder of the conjugal partnership of gains shall be divided equally between the husband and the wife or their respective heirs, unless a different basis of division was agreed upon in the marriage settlements. (n), Article 40. Separation of property may refer to present or future property or both. (1432a). Said rules of court shall likewise provide for the appointment and duties of amicable compounders. The Supreme Court explained: “A house is classified as immovable property by reason of its adherence to the soil on which it is built (Art. If the guarantor has paid without notifying the debtor, and the latter not being aware of the payment, repeats the payment, the former has no remedy whatever against the debtor, but only against the creditor. In case of any insertion, cancellation, erasure or alteration in a holographic will, the testator must authenticate the same by his full signature. (1758a), Article 1963. (355a), Article 443. The ownership of the thing sold shall be transferred to the vendee upon the actual or constructive delivery thereof. He shall pay for the same. (425a), Article 519. (n). (n). In case of death of the house helper, the head of the family shall bear the funeral expenses if the house helper has no relatives in the place where the head of the family lives, with sufficient means therefor. (467), Article 563. (n). (376). In either case they shall be distributed as civil fruits, and shall be applied in the manner prescribed in the preceding article. The contracting parties must have clearly and deliberately conferred a favor upon a third person. (n). (1770). (1454-A-a), Article 1486. The court may counsel the offender to comply with his or her duties, and take such measures as may be proper. Fault on the part of the depositary is presumed, unless there is proof to the contrary. (n), Article 120. Every partner is an agent of the partnership for the purpose of its business, and the act of every partner, including the execution in the partnership name of any instrument, for apparently carrying on in the usual way the business of the partnership of which he is a member binds the partnership, unless the partner so acting has in fact no authority to act for the partnership in the particular matter, and the person with whom he is dealing has knowledge of the fact that he has no such authority. (1326a), Article 126. The spouses shall state, in a public document, all the property which they return to the marriage and which shall constitute the separate property of each. However, she may choose to continue employing her former husband's surname, unless: (2) She or the former husband is married again to another person. (n). This includes your cars, jewelries and real estate. When the lessor of a house, or part thereof, used as a dwelling for a family, or when the lessor of a store, or industrial establishment, also leases the furniture, the lease of the latter shall be deemed to be for the duration of the lease of the premises. As for the profits, the industrial partner shall receive such share as may be just and equitable under the circumstances. A compulsory heir who dies before the testator, a person incapacitated to succeed, and one who renounces the inheritance, shall transmit no right to his own heirs except in cases expressly provided for in this Code. A legacy for education lasts until the legatee is of age, or beyond the age of majority in order that the legatee may finish some professional, vocational or general course, provided he pursues his course diligently. Article 694. (1182a), Article 1263. (1922a). 2 and 1405. CIVIL CODE OF THE PHILIPPINES BOOK II PROPERTY, OWNERSHIP, AND ITS MODIFICATIONS Title I. Article 372. Article 1582. (487), Article 580. Article 34. (379a), Article 471. The vendor is bound to transfer the ownership of and deliver, as well as warrant the thing which is the object of the sale. Article 608. (862a), Article 931. The designation of the day or time when the effects of the institution of an heir shall commence or cease shall be valid. 414. A present possessor who shows his possession at some previous time, is presumed to have held possession also during the intermediate period, in the absence of proof to the contrary. 40. The father, or in his absence the mother, is the legal administrator of the property pertaining to the child under parental authority. An easement or servitude is an encumbrance imposed upon an immovable for the benefit of another immovable belonging to a different owner. They are susceptible of ratification. When the courts declared a law to be inconsistent with the Constitution, the former shall be void and the latter shall govern. If a lease is to be recorded in the Registry of Property, the following persons cannot constitute the same without proper authority: the husband with respect to the wife's paraphernal real estate, the father or guardian as to the property of the minor or ward, and the manager without special power. Nothing in this Chapter shall be held to deprive a limited partner of his statutory exemption. Third persons who are not parties to the principal obligation may secure the latter by pledging or mortgaging their own property. The choice shall produce no effect except from the time it has been communicated. Article 2145. This Code shall take effect one year after such publication. (7) The individual property of a deceased partner shall be liable for the contributions specified in No. In each line the division shall be made per capita. When the debt of a thing certain and determinate proceeds from a criminal offense, the debtor shall not be exempted from the payment of its price, whatever may be the cause for the loss, unless the thing having been offered by him to the person who should receive it, the latter refused without justification to accept it. The fact that travellers are constrained to rely on the vigilance of the keeper of the hotels or inns shall be considered in determining the degree of care required of him. (927), Article 976. (794a). The usufructuary of fruit-bearing trees and shrubs may make use of the dead trunks, and even of those cut off or uprooted by accident, under the obligation to replace them with new plants. The excussion shall not take place: (1) If the guarantor has expressly renounced it; (2) If he has bound himself solidarily with the debtor; (4) When he has absconded, or cannot be sued within the Philippines unless he has left a manager or representative; (5) If it may be presumed that an execution on the property of the principal debtor would not result in the satisfaction of the obligation. Notwithstanding the provisions of the preceding article, the guarantor may set up compensation as regards what the creditor may owe the principal debtor. Article 1869. On who succeeds by hereditary title shall not suffer the consequences of the wrongful possession of the decedent, if it is not shown that he was aware of the flaws affecting it; but the effects of possession in good faith shall not benefit him except from the date of death of the decedent. The owner of a thing cannot make use thereof in such manner as to injure the rights of a third person. (1884a), Article 2138. (1212a), Article 1304. Article 2217. When only one prestation has been agreed upon, but the obligor may render another in substitution, the obligation is called facultative. Article 890. But in the first case he shall not enter into possession of the property until after having given sufficient security, with the intervention of the instituted heir. Acts, events and judicial decrees concerning the civil status of persons shall be recorded in the civil register. The partition of a thing owned in common shall not prejudice third persons, who shall retain the rights of mortgage, servitude or any other real rights belonging to them before the division was made. Such will may be probated in the Philippines. When there is danger that a person obliged to give support may lose his or her fortune because of grave mismanagement or on account of riotous living, his or her spouse, if any, and a majority of those entitled to be supported by him or by her may petition the Court of First Instance for the creation of the family home. (1118), Article 1186. However, if the thing or any part thereof has been delivered to and appropriated by the buyer he must pay a reasonable price therefor. Persons who are disqualified from administering their property have a right to claim damages from their legal representatives whose negligence has been the cause of prescription. Where both spouses are offenders, a legal separation cannot be claimed by either of them. (n), Article 789. (113a). (348a), Article 429. Title so acquired can be conveyed only in the partnership name. The designation of the persons who are to be considered as poor and the distribution of the property shall be made by the person appointed by the testator for the purpose; in default of such person, by the executor, and should there be no executor, by the justice of the peace, the mayor, and the municipal treasurer, who shall decide by a majority of votes all questions that may arise. The courts may, however, increase or moderate the indemnity according to the circumstances of each case. Article 330. (n), Article 1356. Article 1231. If two or more persons agree to purchase property and by common consent the legal title is taken in the name of one of them for the benefit of all, a trust is created by force of law in favor of the others in proportion to the interest of each. The aleatory contract of life annuity binds the debtor to pay an annual pension or income during the life of one or more determinate persons in consideration of a capital consisting of money or other property, whose ownership is transferred to him at once with the burden of the income. An heir is a person called to the succession either by the provision of a will or by operation of law. (n), Article 1908. If it was the intention of the testator that the instituted heirs should become sole heirs to the whole estate, or the whole free portion, as the case may be, and each of them has been instituted to an aliquot part of the inheritance and their aliquot parts together do not cover the whole inheritance, or the whole free portion, each part shall be increased proportionally. He shall be liable for all the fruits and rents he may have received, or could have received through the exercise of due diligence. When land passes by succession to any person and he causes the legal title to be put in the name of another, a trust is established by implication of law for the benefit of the true owner. But the plaintiff cannot recover damages twice for the same act or omission of the defendant. Disinheritance without a specification of the cause, or for a cause the truth of which, if contradicted, is not proved, or which is not one of those set forth in this Code, shall annul the institution of heirs insofar as it may prejudice the person disinherited; but the devises and legacies and other testamentary dispositions shall be valid to such extent as will not impair the legitime. Gifts during the lifetime of the owner are advances from the inheritance. In both cases, the legal heir shall be considered as called to the succession until the arrival of the period or its expiration. The wife may also by express authority of the husband appearing in a public instrument, administer the latter's estate. (930). Article 1450. Article 1418. (1563a), Article 1668. (n), Article 1472. Donations made to strangers shall be charged to that part of the estate of which the testator could have disposed by his last will. Please consult your lawyer for any concerns you […] If the lessor or the lessee should not comply with the obligations set forth in articles 1654 and 1657, the aggrieved party may ask for the rescission of the contract and indemnification for damages, or only the latter, allowing the contract to remain in force. (1472a). If the uncertainty consists in whether the day will come or not, the obligation is conditional, and it shall be regulated by the rules of the preceding Section. (Article 77 Family Code of the Philippines) 8. The plaintiff must have legal or equitable title to, or interest in the real property which is the subject matter of the action. Unfair competition in agricultural, commercial or industrial enterprises or in labor through the use of force, intimidation, deceit, machination or any other unjust, oppressive or highhanded method shall give rise to a right of action by the person who thereby suffers damage. The contractor is responsible for the work done by persons employed by him. The husband shall fix the residence of the family. Between persons who are present, the acceptance of the agency may also be implied if the principal delivers his power of attorney to the agent and the latter receives it without any objection. The adoption shall be recorded in the local civil register. Waters artificially brought forth in accordance with the Special Law of Waters of August 3, 1866, belong to the person who brought them up. The various stipulations of a contract shall be interpreted together, attributing to the doubtful ones that sense which may result from all of them taken jointly. (774), Article 860. The court shall decree the rescission claimed, unless there be just cause authorizing the fixing of a period. Article 245. (1839), Article 2068. Article 1038. Article 1365. (n), Article 2179. If the husband is a citizen of the Philippines while the wife is a foreigner, the provisions of this Code shall govern their property relations; If the husband is a foreigner and the wife is a citizen of the Philippines, the laws of the husband’s country shall be followed, without prejudice to the provisions of this Code with regard to immovable property. Where the price cannot be determined in accordance with the preceding articles, or in any other manner, the contract is inefficacious. If during the lease it should become necessary to make some urgent repairs upon the thing leased, which cannot be deferred until the termination of the lease, the lessee is obliged to tolerate the work, although it may be very annoying to him, and although during the same, he may be deprived of a part of the premises. Obligations with a resolutory period take effect at once, but terminate upon arrival of the day certain. Article 719. The creditor, unless there is a stipulation to the contrary, is obliged to pay the taxes and charges upon the estate. Where title to real property is in the partnership name, any partner may convey title to such property by a conveyance executed in the partnership name; but the partnership may recover such property unless the partner's act binds the partnership under the provisions of the first paragraph of article 1818, or unless such property has been conveyed by the grantee or a person claiming through such grantee to a holder for value without knowledge that the partner, in making the conveyance, has exceeded his authority. Actions to recover movables shall prescribe eight years from the time the possession thereof is lost, unless the possessor has acquired the ownership by prescription for a less period, according to articles 1132, and without prejudice to the provisions of articles 559, 1505, and 1133. (n). (497), Article 590. (1133), Article 1202. In case there is a separation of property, by stipulation in the marriage settlements, the husband and wife shall contribute proportionately to the family expenses. In addition: (1) The defendant shall be liable for the loss of the earning capacity of the deceased, and the indemnity shall be paid to the heirs of the latter; such indemnity shall in every case be assessed and awarded by the court, unless the deceased on account of permanent physical disability not caused by the defendant, had no earning capacity at the time of his death; (2) If the deceased was obliged to give support according to the provisions of article 291, the recipient who is not an heir called to the decedent's inheritance by the law of testate or intestate succession, may demand support from the person causing the death, for a period not exceeding five years, the exact duration to be fixed by the court; (3) The spouse, legitimate and illegitimate descendants and ascendants of the deceased may demand moral damages for mental anguish by reason of the death of the deceased. (537a), Article 621. When the two debts are of the same amount, there is a total compensation. (1559a). The loser may recover what he has paid. Article 1813. An assignee becomes a substituted limited partner when the certificate is appropriately amended in accordance with article 1865. (1696), Article 1805. A general power of attorney is revoked by a special one granted to another agent, as regards the special matter involved in the latter. A limited partnership formed under the law prior to the effectivity of this Code, until or unless it becomes a limited partnership under this Chapter, shall continue to be governed by the provisions of the old law. Buildings constructed, at the expense of the partnership, during the marriage on land belonging to one of the spouses, also pertain to the partnership, but the value of the land shall be reimbursed to the spouse who owns the same. (933), Article 983. (509), Article 601. 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. When the distances in article 670 are not observed, the owner of a wall which is not party wall, adjoining a tenement or piece of land belonging to another, can make in it openings to admit light at the height of the ceiling joints or immediately under the ceiling, and of the size of thirty centimeters square, and, in every case, with an iron grating imbedded in the wall and with a wire screen. (n). (n). Article 1013. The usufructuary shall take care of the things given in usufruct as a good father of a family. (1431), CHAPTER 5Separation of Property of the Spouses and Administration of Property by the Wife During the Marriage, Article 190. Article 1765. Without prejudice to rights legally acquired, the animal path shall not exceed in any case the width of 75 meters, and the animal trail that of 37 meters and 50 centimeters. Article 1844. 7 to 10, the husband must be joined as a party defendant if the third paragraph of article 163 is applicable. The period for prescription of actions to demand the fulfillment of obligation declared by a judgment commences from the time the judgment became final. 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. Article 1419. Article 613. (128a), Article 276. Payment made by a third person who does not intend to be reimbursed by the debtor is deemed to be a donation, which requires the debtor's consent. A judicial deposit or sequestration takes place when an attachment or seizure of property in litigation is ordered. If legitimate ascendants, the surviving spouse, and illegitimate children are left, the ascendants shall be entitled to one-half of the inheritance, 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, and the illegitimate children the other fourth. An absolutely simulated or fictitious contract is void. The effect of death upon the rights and obligations of the deceased is determined by law, by contract and by will. Marriages between Filipino citizens abroad may be solemnized by consuls and vice-consuls of the Republic of the Philippines. Article 59. Fixed, savings, and current deposits of money in banks and similar institutions shall be governed by the provisions concerning simple loan. Article 99. Article 939. 2, of this article, the right as against his co-partners and all claiming through them in respect of their interests in the partnership, to have the value of his interest in the partnership, less any damage caused to his co-partners by the dissolution, ascertained and paid to him in cash, or the payment secured by a bond approved by the court, and to be released from all existing liabilities of the partnership; but in ascertaining the value of the partner's interest the value of the good-will of the business shall not be considered. (1692a), Article 1801. The indemnity shall be fixed taking as a basis the value of the last thing which disappeared, or that of the service which last became impossible. The exhibition of baptismal or birth certificates shall not be required if the parents of the contracting parties appear personally before the local civil registrar concerned and swear to the correctness of the lawful age of said parties, as stated in the application, or when the local civil registrar shall, by merely looking at the applicants upon their personally appearing before him, be convinced that either or both of them have the required age. To guarantee the performance of a title or by prescription, either personally or a! Is patrimonial property, only one is practicable usufruct if he should offer the same at the time the... Misrepresentation has created substantial mistake and the principles of the leased property or preference defects in case eviction. Petition the court shall decide the question, after consulting the family is a moral or legal obstacle thereto making. 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