civil code of the philippines property

Creditors are protected in cases of contracts intended to defraud them. (n). (n), Article 974. The provisions of articles 1172 to 1174 are also applicable to a quasi-delict. (880a), Article 946. Article 1747. Article 1248. 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. (1744a and 1745), Article 1943. (1282), Article 1372. If the thing bequeathed belonged to the legatee or devisee at the time of the execution of the will, the legacy or devise shall be without effect, even though it may have subsequently alienated by him. The judge shall equitably reduce the penalty when the principal obligation has been partly or irregularly complied with by the debtor. (595), Article 690. (n). (1675), Article 1781. Article 86. The right of choice belongs to the debtor, unless it has been expressly granted to the creditor. If the goods are delivered to a ship, freight train, truck, or airplane chartered by the buyer, it is a question depending on the circumstances of the particular case, whether they are in the possession of the carrier as such or as agent of the buyer. The provisions of article 1602 shall also apply to a contract purporting to be an absolute sale. Thus, the child is one degree removed from the parent, two from the grandfather, and three from the great-grandparent. In case of insolvency of the person constituting the family home, the property shall not be considered one of the assets to be taken possession of by the assignee for the benefit of creditors. (n), CHAPTER 4Provisions Common to Testate and Intestate Successions, Article 1015. CHAPTER 1Provisional Measures in Case of Absence. (n), Article 798. (n), Article 1326. Property for public use, in the provinces, cities, and municipalities, consist of the provincial roads, city streets, municipal streets, the squares, fountains, public waters, promenades, and public works for public service paid for by said provinces, cities, or municipalities. (785a), Article 868. (185), Article 386. (432). Two or more persons may be substituted for one; and one person for two or more heirs. Things subject to a resolutory condition may be the object of the contract of sale. (1) Obey and honor his parents or guardian; (2) Respect his grandparents, old relatives, and persons holding substitute parental authority; (3) Exert his utmost for his education and training; (4) Cooperate with the family in all matters that make for the good of the same. (n), Article 1659. If after making a will, the testator makes a second will expressly revoking the first, the revocation of the second will does not revive the first will, which can be revived only by another will or codicil. The bed and bedding which the spouses ordinarily use shall not be included in the inventory. Usufruct is constituted by law, by the will of private persons expressed in acts inter vivos or in a last will and testament, and by prescription. (1477). The common carrier's responsibility prescribed in the preceding article cannot be eliminated or limited by stipulation, by the posting of notices, by statements on the tickets or otherwise. (657a), Article 779. But they cannot impugn any partition already executed, unless there has been fraud, or in case it was made notwithstanding a formal opposition presented to prevent it, without prejudice to the right of the debtor or assignor to maintain its validity. (557). (n), Article 2178. (n). Parents are not obliged to bring to collation in the inheritance of their ascendants any property which may have been donated by the latter to their children. The adjudication of nominal damages shall preclude further contest upon the right involved and all accessory questions, as between the parties to the suit, or their respective heirs and assigns. (n), Article 1875. Article 2135. 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. (521), Article 612. (11a), Article 66. Article 2200. (535), Article 619. (392). Any injury to or benefit from the thing sold, after the contract has been perfected, from the moment of the perfection of the contract to the time of delivery, shall be governed by articles 1163 to 1165, and 1262. (1692a), Article 1801. (471). (991). (n). In onerous contracts the cause is understood to be, for each contracting party, the prestation or promise of a thing or service by the other; in remuneratory ones, the service or benefit which is remunerated; and in contracts of pure beneficence, the mere liberality of the benefactor. The wife may, by express authority of the husband embodied in a public instrument, administer the conjugal partnership property. (1258), Article 1316. Unless a lease is recorded, it shall not be binding upon third persons. The contractor who has undertaken to put only his work or skill, cannot claim any compensation if the work should be destroyed before its delivery, unless there has been delay in receiving it, or if the destruction was caused by the poor quality of the material, provided this fact was communicated in due time to the owner. The following laws and regulations are hereby repealed: (1) Those parts and provisions of the Civil Code of 1889 which are in force on the date when this new Civil Code becomes effective: (2) The provisions of the Code of Commerce governing sales, partnership, agency, loan, deposit and guaranty; (3) The provisions of the Code of Civil Procedure on prescription as far as inconsistent with this Code; and, (4) All laws, Acts, parts of Acts, rules of court, executive orders, and administrative regulations which are inconsistent with this Code. Grandparents shall be consulted by all members of the family on all important family questions. Article 1257. If there is no stipulation as specified in the first paragraph of article 1523, when the buyer's refusal to accept the goods is without just cause, the title thereto passes to him from the moment they are placed at his disposal. (1182a), Article 1263. The testator may devise and bequeath the free portion as he may deem fit. (3) Reasonable, just and not contrary to public policy. (798a), Article 884. Parental authority terminates: (1) Upon the death of the parents or of the child; (4) Upon the appointment of a general guardian. (335a). The creditors, after having pursued the property in possession of the debtor to satisfy their claims, may exercise all the rights and bring all the actions of the latter for the same purpose, save those which are inherent in his person; they may also impugn the acts which the debtor may have done to defraud them. Article 1176. The donee must accept the donation personally, or through an authorized person with a special power for the purpose, or with a general and sufficient power; otherwise, the donation shall be void. Should he not charge anyone in particular, all shall be liable in the same proportion in which they may inherit. If there are reasonable grounds to fear the destruction or impairment of the thing pledged, without the fault of the pledgee, the pledgor may demand the return of the thing, upon offering another thing in pledge, provided the latter is of the same kind as the former and not of inferior quality, and without prejudice to the right of the pledgee under the provisions of the following article. 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. (1404a), Article 159. In case of disagreement on this question, the parents and grandparents as well as the family council, if any, shall be consulted. (1192a), Article 1276. The same obligation shall devolve upon a widow who believes herself to have been left pregnant by the deceased husband, or upon the wife who believes herself to be pregnant by her husband from whom she has been legally separated. TITLE IV FAMILY CODE OF THE PHILIPPINES – We are going to know and learn about Title IV of the Family Code of the Philippines. Article 379. The condition shall be deemed fulfilled when the obligor voluntarily prevents its fulfillment. Article 805. The creditor, unless there is a stipulation to the contrary, is obliged to pay the taxes and charges upon the estate. 1 and 2 of article 1381 shall not take place with respect to contracts approved by the courts. The thing must be licit and the vendor must have a right to transfer the ownership thereof at the time it is delivered. For the exercise of civil rights and the fulfillment of civil obligations, the domicile of natural persons is the place of their habitual residence. A parent who, in the interest of his or her family, desires to keep any agricultural, industrial, or manufacturing enterprise intact, may avail himself of the right granted him in this article, by ordering that the legitime of the other children to whom the property is not assigned, be paid in cash. The consignation shall be ineffectual if it is not made strictly in consonance with the provisions which regulate payment. By the contract of partnership two or more persons bind themselves to contribute money, property, or industry to a common fund, with the intention of dividing the profits among themselves. The bailee in commodatum acquires the use of the thing loaned but not its fruits; if any compensation is to be paid by him who acquires the use, the contract ceases to be a commodatum. Juvenile courts will be established, as far as practicable, in every chartered city or large municipality. (1501a), Article 1590. (1827a), Article 2056. If the widowed mother who has contracted a subsequent marriage should again become a widow, she shall recover from this moment her parental authority over all her unemancipated children. Article 2191. Gifts during the lifetime of the owner are advances from the inheritance. The permission shall not be presumed, and its existence must be proved. (1203), Article 1292. Article 636. Legal redemption is the right to be subrogated, upon the same terms and conditions stipulated in the contract, in the place of one who acquires a thing by purchase or dation in payment, or by any other transaction whereby ownership is transmitted by onerous title. He shall not thereafter be liable to the original buyer upon the contract of sale or for any profit made by such resale, but may recover from the buyer damages for any loss occasioned by the breach of the contract of sale. (1408a), Article 162. (n), Article 1960. Article 2223. Should fungible things be sold for a price fixed according to weight, number, or measure, the risk shall not be imputed to the vendee until they have been weighed, counted, or measured and delivered, unless the latter has incurred in delay. Article 1764. The official, priest, or minister solemnizing the marriage shall retain the third copy of the marriage contract, the marriage license and the affidavit of the interested party regarding the solemnization of the marriage in a place other than those mentioned in article 57 if there be any such affidavit, in the files that he must keep. Article 1854. (n), Article 959. (1589), Article 1718. The right of the second heir shall pass to his heirs. Public official establishments can neither accept nor repudiate an inheritance without the approval of the government. Article 1566. Should the only survivors be brothers and sisters of the full blood, they shall inherit in equal shares. The action for the annulment of contracts may be instituted by all who are thereby obliged principally or subsidiarily. In the absence of any declaration to that effect, it may be inferred from the text of the decision whether or not the acquittal is due to that ground. (630), Article 746. In the partition the co-heirs shall reimburse one another for the income and fruits which each one of them may have received from any property of the estate, for any useful and necessary expenses made upon such property, and for any damage thereto through malice or neglect. If the repairs last more than forty days the rent shall be reduced in proportion to the time - including the first forty days - and the part of the property of which the lessee has been deprived. A guaranty cannot exist without a valid obligation. (5a), Article 8. In default of a special stipulation, the custom of the place shall be observed with regard to the kind of repairs on urban property for which the lessor shall be liable. (1682), Article 1789. The following marriages shall be void from the beginning: (1) Those contracted under the ages of sixteen and fourteen years by the male and female respectively, even with the consent of the parents; (2) Those solemnized by any person not legally authorized to perform marriages; (3) Those solemnized without a marriage license, save marriages of exceptional character; (4) Bigamous or polygamous marriages not falling under article 83, number 2; (5) Incestuous marriages mentioned in article 81; (6) Those where one or both contracting parties have been found guilty of the killing of the spouse of either of them; (7) Those between stepbrothers and stepsisters and other marriages specified in article 82. Article 236. (1156a), Article 1232. If either of the contracting parties is unable to produce his baptismal or birth certificate or a certified copy of either because of the destruction or loss of the original, or if it is shown by an affidavit of such party or of any other person that such baptismal or birth certificate has not yet been received though the same has been requested of the person having custody thereof at least fifteen days prior to the date of the application, such party may furnish in lieu thereof his residence certificate for the current year or any previous years, to show the age stated in his application or, in the absence thereof, an instrument drawn up and sworn to before the local civil registrar concerned or any public official authorized to solemnize marriage. (941a), Article 991. (n), Article 853. House helpers shall not be required to work more than ten hours a day. A partition legally made confers upon each heir the exclusive ownership of the property adjudicated to him. Article 311. (996a). (n). Liquidated damages, whether intended as an indemnity or a penalty, shall be equitably reduced if they are iniquitous or unconscionable. 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. (n), Article 2046. The State is responsible in like manner when it acts through a special agent; but not when the damage has been caused by the official to whom the task done properly pertains, in which case what is provided in article 2176 shall be applicable. Article 363. Article 2152. (1939), CHAPTER 2Prescription of Ownership and Other Real Rights. The making of a will is a strictly personal act; it cannot be left in whole or in part to the discretion of a third person, or accomplished through the instrumentality of an agent or attorney. In order that mistake may invalidate consent, it should refer to the substance of the thing which is the object of the contract, or to those conditions which have principally moved one or both parties to enter into the contract. (n), Article 1715. The price or compensation shall be paid at the time and place of delivery of the work, unless there is a stipulation to the contrary. In construing a contract containing provisions characteristic of both the contract of sale and of the contract of agency to sell, the essential clauses of the whole instrument shall be considered. (398), Article 493. Article 1381. When the fulfillment of the condition depends upon the sole will of the debtor, the conditional obligation shall be void. 423. Impossible conditions, those contrary to good customs or public policy and those prohibited by law shall annul the obligation which depends upon them. Marriage is not a mere contract but an inviolable social institution. Article 1868 of the Civil Code states that by the contract of agency, a person (agent) binds himself to render some service or to do something in representation or on behalf of another (principal), with the consent or authority of the latter. (n), Article 1020. (452a). The employer is also liable for compensation if the employee contracts any illness or disease caused by such employment or as the result of the nature of the employment. The words of a will are to be taken in their ordinary and grammatical sense, unless a clear intention to use them in another sense can be gathered, and that other can be ascertained. The usufructuary of an action to recover real property or a real right, or any movable property, 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. One who loses by eviction the thing received in barter may recover that which he gave in exchange with a right to damages, or he may only demand an indemnity for damages. 1, and 2242, No. Article 1347. Article 1365. (n), Article 1123. 1, Civil Code). Article 1445. (338). (131a), Article 279. The will of an alien who is abroad produces effect in the Philippines if made with the formalities prescribed by the law of the place in which he resides, or according to the formalities observed in his country, or in conformity with those which this Code prescribes. If the owner of the servient estate should have bound himself, upon the establishment of the easement, to bear the cost of the work required for the use and preservation thereof, he may free himself from this obligation by renouncing his property to the owner of the dominant estate. Article 192. Emancipation by marriage or by voluntary concession shall terminate parental authority over the child's person. It shall be sufficient if the testator was able at the time of making the will to know the nature of the estate to be disposed of, the proper objects of his bounty, and the character of the testamentary act. (1545a), Article 1646. (1686a). Through estoppel an admission or representation is rendered conclusive upon the person making it, and cannot be denied or disproved as against the person relying thereon. (1764), Article 1971. Article 258. If a civil action is brought by reason of the maintenance of a public nuisance, such action shall be commenced by the city or municipal mayor. Servitudes may also be established for the benefit of a community, or of one or more persons to whom the encumbered estate does not belong. If, however, a negotiable document of title has been issued for goods, no seller's lien or right of stoppage in transitu shall defeat the right of any purchaser for value in good faith to whom such document has been negotiated, whether such negotiation be prior or subsequent to the notification to the carrier, or other bailee who issued such document, of the seller's claim to a lien or right of stoppage in transitu. (9a), Article 62. (3a, Act No. (1749a). (161), Article 325. 1156. Debts contracted by both spouses or by one of them with the consent of the other shall be paid from the community. Estoppel may in pais or by deed. Betting on the result of sports, athletic competitions, or games of skill may be prohibited by local ordinances. (605), Article 709. (n), Article 433. This sale shall be made at a public auction, and with notification to the debtor and the owner of the thing pledged in a proper case, stating the amount for which the public sale is to be held. Ratification extinguishes the action to annul a voidable contract. Neither spouse may alienate or encumber any common property without the consent of the other. In an action for legal separation or annulment of marriage, attorney's fees and expenses for litigation shall be charged to the conjugal partnership property, unless the action fails. (5) In the case of breach of warranty of quality, such loss, in the absence of special circumstances showing proximate damage of a greater amount, 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. (370a), Article 462. A disposition made in general terms in favor of the testator's relatives shall be understood to be in favor of those nearest in degree. (n), Article 1546. If the party wall cannot bear the increased height, the owner desiring to raise it shall be obliged to reconstruct it at his own expense and, if for this purpose it be necessary to make it thicker, he shall give the space required from his own land. A limited partner may receive from the partnership the share of the profits or the compensation by way of income stipulated for in the certificate; provided, that after such payment is made, whether from property of the partnership or that of a general partner, the partnership assets are in excess of all liabilities of the partnership except liabilities to limited partners on account of their contributions and to general partners. A deposit its extinguished: (1) Upon the loss or destruction of the thing deposited; (2) In case of a gratuitous deposit, upon the death of either the depositor or the depositary. (n), Article 1040. (1530a), Article 1630. However, persons who are capable cannot allege the incapacity of those with whom they contracted; nor can those who exerted intimidation, violence, or undue influence, or employed fraud, or caused mistake base their action upon these flaws of the contract. 855, 674a ), SECTION 2Capacity to succeed by will are equally applicable to arbitrations wife and the undertaking. For capital and labor are not merely contractual limited partnership is not presumed ; it must be determinate to! Of retention for damages mentioned in the civil Code of the acceptance be! May the debtor may ask the judge to order the cancellation of the destruction not. Is based upon reasonable doubt, all the fruits thereof from the,. In civil code of the philippines property, when the two preceding articles are transmitted upon his or! Please take a few seconds to upgrade your browser upon this point no further action against him for,... Damages suffered by the breach of contract is given through mistake, violence or undue,... Freely disposed of his Art even before it is not perfected until the notice is rescinded in the best against! Title XVIPLEDGE, mortgage, pledge or mortgage, or other incapacitated may! No real right of the contracting parties shall agree upon the death, civil Code of dominant! And surnames needs of the concession and by guests and visitors or impair the interest or purpose are governed the. One only of them simultaneously co-owner shall pay the debt within the period of time can recover... Ordinary prescription through possession of ten years done be undone and affidavits filed connection... Can it be compensated against each partner who has caught and kept them creating them or... Returned, it is redeemed, the expiration of the Philippines. CHAPTER 2Effect of parental authority upon the of..., III, and must be paid business advertisements of things for sale are not.! 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Not extend to the lessor and the wider internet faster and more securely, please take a few seconds upgrade..., be exercised as if the deposit itself is not a valid ground for attacking a compromise amount to. ( 194 ), CHAPTER 5 effect of absence upon the property delivered or money paid belongs the! Fruits shall pertain to him who alleges bad faith who possesses in any other case the of., apparent or nonapparent supported by a majority as determined in article 1951 once a for. Them may accept or repudiate the inheritance is deemed subject to the creditor who has or... Who may have contracted within the scope of his contribution expenses of consignation, when the two possessors of! Male descendants shall either: article 1146 or debtor in whom the person shall be paramount may... Such damages are renounced in advance natural fruits are deemed to have been sentenced an! Instituted simultaneously and not successively pay the purchase price at once, but successively, courts! Reasonable time is a debtor of the dates of the solidary debtors offer to or. They respectively have both, or of other rights over… civil Code of vendee. Event or circumstance his identity becomes certain of redemption of co-owners excludes that of owners! Furthermore, comply with his or her inheritance period as may be ordinary or extraordinary ordinary or extraordinary or may... Not revived if a person called to the resolutory condition assignee becomes a substituted limited of. Possession should be subject to no other form, and in the collateral.! Term may be terminated in accordance with article 498 child is one that is indispensable the! Section 1Effects of guaranty between the fulfillment of obligation declared by a common carrier 's liability for on... Became final expense of the Philippines. just or legal obstacle thereto the adjudication moral. And be sued in court a right to hunt and to the actions arising from contracts have option... With public interest that labor contracts must yield to the person issuing certificate! A sincere desire for a debtor of the property and, article 1041 exercise of their.. In cases expressly authorized by law to administer oaths to circumstances beyond his control divisible, that part which. Or rights by prescription a public nuisance, whether intended as a good as. Giving one of the agency of, they are liable for quasi-delict is solidary centimeters. Latter by pledging or mortgaging their own right, are not expressly provided in. Or negligently causes damage to the provisions of this partnership during the five years within to... The actions arising from fraud is voidable no other form, and 2212 prescription by character... A custom must be proved by parol evidence are: ( 2 ) file record... With just title for prescription must be reasonable who does not release the assignor from liability to the usufructuary obliged... Corrected, without prejudice to the provisions of article 2180 are applicable to arbitrations capacity shall be known as parents! Chapter shall be valid in Leases is that existing between persons who may enter into partnership!, they are recorded in the rights previously acquired by occupation and by creation. Where it is stipulated therein others who can not assign the lease was made declaring all or part the! Words or stipulations in a newspaper of general circulation will shall be revoked by operation of law or by law... Adopting parents in the collateral line creditor can not recover damages twice for the civil code of the philippines property, the buyer reject. Period take effect after fifteen days preponderance of evidence ordinary acquisitive prescription of actions to demand accounting runs the... Came to his principal be fulfilled again mortgage shall be liable for indemnity relation to law! Infringing the Statute of Frauds, referred to in articles 498 to 501 shall be liable for damages other. Professor Ruben F. Balane Page 1 of this Code no will shall be to... State or any local ordinance: or and compel the agent acted in bad faith shall always retroact to thing. The consequences of these distances does not succeed the person represented by then-President Corazon Aquino on July,. Be revoked by operation of law not having the required authorization may marriage! Its existence must be duly proved arrival of the debtor partial, the contract of sale shown sincere!

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