Property of public dominion, when no longer intended for public use or for public service, shall form part of the patrimonial property of the State. 711. 492. (597a), Art. 608. (2) Abatement, without judicial proceedings. (579a). 561. The district health officer shall determine whether or not abatement, without judicial proceedings, is the best remedy against a public nuisance. 411 0 obj<> endobj Also known as. SPANISH CIVIL CODE PRELIMINARY TITLE On legal rules, their application and effectiveness . Whenever the yard or court of a house is surrounded by other houses, and it is not possible to give an outlet through the house itself to the rain water collected thereon, the establishment of an easement of drainage can be demanded, giving an outlet to the water at the point of the contiguous lands or tenements where its egress may be easiest, and establishing a conduit for the drainage in such manner as to cause the least damage to the servient estate, after payment of the property indemnity. H��Wێ��} ��/�@���{�X�k{oֈ�Q�f��C�H��H-/���>���-�2^��i���S��|f?���ӻ��Y�~�����]�6w�iv���x��~ZݽY�B����.�0,تd�I����U�xHÿV-�QP�x�S�Kc��owVw>!�7����u��#�8n;M�S��Ӈٿt�7�.e5�g�?/�}ъ��o��-���嘼u/b�^X��9yfE��l?�}۬���M�j��w�%�Y�'7�%YDIQ��j�ؤ�&k&�r������5�,[�0c��d��(��Ҕ���T$���݌=��S3�L,�&9lu�e��#>~�� � ���;�UL�[��{�~�/�A�[&'�Yi�� ��@C�X��&AX�������"E@��l�`[ٝ��!] However, if the landowner acted in bad faith, the owner of the materials may remove them in any event, with a right to be indemnified for damages. 664. (432). The portions belonging to the co-owners in the co-ownership shall be presumed equal, unless the contrary is proved. 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. (377). When the Civil Code of the Philippines (RA 386) took effect on August 30, 1950, the provisions of the Spanish Civil Code of 1889 were likewise repealed. 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. 704. 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 1940, Pres. 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, in which case the ownership of the ditch shall belong exclusively to the owner of the land having this exterior sign in its favor. 0000002369 00000 n AN ACT TO ORDAIN AND INSTITUTE THE CIVIL CODE OF THE PHILIPPINES PRELIMINARY TITLE CHAPTER 1 Effect and Application of Laws Article 1. Art. 538. Art. Civil fruits are the rents of buildings, the price of leases of lands and other property and the amount of perpetual or life annuities or other similar income. READ PAPER. For quite a long time, the Insurance Act was the governing law on insurance in the Philippines. In any case the felling or cutting of trees shall be made in such manner as not to prejudice the preservation of the land. 429. Those growing at the time the usufruct terminates, belong to the owner. 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. 686. 386 (Approved, June 18, 1949) Title VII - EASEMENTS OR SERVITUDES CHAPTER 2 LEGAL EASEMENTS SECTION 6 -Drainage of Buildings Art. (n). 554. (505). 480. Every owner may increase the height of the party wall, doing at his own expense and paying for any damage which may be caused by the work, even though such damage be temporary. 518. The sources of the Spanish legal system are statutes, customs and general legal principles. (1) By the death of the usufructuary, unless a contrary intention clearly appears; (2) By the expiration of the period for which it was constituted, or by the fulfillment of any resolutory condition provided in the title creating the usufruct; (3) By merger of the usufruct and ownership in the same person; (5) By the total loss of the thing in usufruct; (6) By the termination of the right of the person constituting the usufruct; Art. 478. Should the usufructuary fail to make them after demand by the owner, the latter may make them at the expense of the usufructuary. 0000000516 00000 n Those who by their fault may have caused the damage shall be liable for the expenses. Continuous nonapparent easements, and discontinuous ones, whether apparent or not, may be acquired only by virtue of a title. var d=new Date(); The usufructuary may set off the improvements he may have made on the property against any damage to the same. 674. No person shall be deprived of his property except by competent authority and for public use and always upon payment of just compensation. 514. 624. 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. (439a). Art. The provisions of the preceding article are applicable to the case in which it may be necessary to clear a piece of land of matter, whose accumulation or fall may obstruct the course of the waters, to the damage or peril of third persons. (334a). Art. The expenses of maintaining the wall in the part newly raised or deepened at its foundation shall also be paid for by him; and, in addition, 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. Art. 582. Easements are established either by law or by the will of the owners. The Philippines and Spain, at one point in history, shared the same civil code. LECTURE NOTES ON CIVIL LAW Professor Ruben F. Balane Page 1 of 354 Lecture Notes on Civil Law. Only such as are manifest or born are considered as natural or industrial fruits. The owner of a tenement or a piece of land, subject to the easement of receiving water falling from roofs, may build in such manner as to receive the water upon his own roof or give it another outlet in accordance with local ordinances or customs, and in such a way as not to cause any nuisance or damage whatever to the dominant estate. (380), Art. (374), Art. The same rule shall be applied in case a new road is opened giving access to the isolated estate. BOOK II PROPERTY, OWNERSHIP, AND ITS MODIFICATIONS ... the owners of the lands adjoining the 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. : All Rights Reserved ReDiaz www.chanrobles.com.ph. Download with Google Download with Facebook or download with email. Neither can side or oblique views upon or towards such conterminous property be had, unless there be a distance of sixty centimeters. By treasure is understood, for legal purposes, any hidden and unknown deposit of money, jewelry, or other precious objects, the lawful ownership of which does not appear. (489), Art. Art. Under the civil law tradition, the court merely applies the law. (446a), Art. Art. 438. Ralph Jaramillo. Easements of the right of way for the passage of livestock known as animal path, animal trail or any other, and those for watering places, resting places and animal folds, shall be governed by the ordinances and regulations relating thereto, and, in the absence thereof, by the usages and customs of the place. (376). Compiled by The Law Firm of Chan Robles & Associates - Philippines. Any proprietor intending to make any excavation contemplated in the three preceding articles shall notify all owners of adjacent lands. (483a), Art. 479. (504). The existence of an easement of party wall is presumed, unless there is a title, or exterior sign, or proof to the contrary: (1) In dividing walls of adjoining buildings up to the point of common elevation; (2) In dividing walls of gardens or yards situated in cities, towns, or in rural communities; (3) In fences, walls and live hedges dividing rural lands. 526. Art. Art. 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. This provision shall also apply in case of the division of a thing owned in common by two or more persons. (499a). (568a), Art. 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. (592), Art. The revolution spread so rapidly that on 12 June 1898, the independence of the Philippines was proclaimed by … (500), Art. In 1947, Pres. (n), Art. Start by marking “Civil Code Of The Philippines Annotated (Volume I)” as Want to Read: 654. 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. startxref (343). Natural or industrial fruits growing at the time the usufruct begins, belong to the usufructuary. Should the immovable be attached or sold judicially for the payment of the debt, the owner shall be liable to the usufructuary for whatever the latter may lose by reason thereof. He who receives the fruits has the obligation to pay the expenses made by a third person in their production, gathering, and preservation. 454. 432. If the right of way is permanent, the necessary repairs shall be made by the owner of the dominant estate. Also the civil code of Spain of 1889 would be enforced in its colony, the Philippines, and this would remain in effect even after the end of Spanish rule until the Philippines enacted its own Civil Code in 1950 after almost fifty years of U.S. rule. Constitution shall form a part of the legal system of the Philippines. He need not be in possession of said property. 680. Should he not make them when they are indispensable for the preservation of the thing, the usufructuary may make them; but he shall have a right to demand of the owner, at the termination of the usufruct, the increase in value which the immovable may have acquired by reason of the repairs. (n), Art. (469), Art. 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. 488. 443. 586. (n). If in consequence of the enforcement of the action he acquires the thing claimed, the usufruct shall be limited to the fruits, the dominion remaining with the owner. 710. (535), Art. (519), Art. (378). Upon partition, there shall be a mutual accounting for benefits received and reimbursements for expenses made. The usufructuary, whatever may be the title of the usufruct, may be excused from the obligation of making an inventory or of giving security, when no one will be injured thereby. Nevertheless, one who has lost any movable or has been unlawfully deprived thereof may recover it from the person in possession of the same. 411 11 The cost of repairs and construction of party walls and the maintenance of fences, live hedges, ditches, and drains owned in common, shall be borne by all the owners of the lands or tenements having the party wall in their favor, in proportion to the right of each. 517. Whenever a river, changing its course by natural causes, opens a new bed through a private estate, this bed shall become of public dominion. (538a), Art. 509. In the realm of extra-contractual responsibility (torts in common law, quasi-delicts in Philippine law) in relation to public services, however, the two legal systems cur-rently have a vastly different approach. Only the possession acquired and enjoyed in the concept of owner can serve as a title for acquiring dominion. (540a), Art. No trees shall be planted near a tenement or piece of land belonging to another except at the distance authorized by the ordinances or customs of the place, and, in the absence thereof, at a distance of at least two meters from the dividing line of the estates if tall trees are planted and at a distance of at least fifty centimeters if shrubs or small trees are planted. In no case may possession be acquired through force or intimidation as long as there is a possessor who objects thereto. Improvements caused by nature or time shall always insure to the benefit of the person who has succeeded in recovering possession. 570. Mistake upon a doubtful or difficult question of law may be the basis of good faith. (530), Art. This paper. (392). 638. A short summary of this paper. (539), Art. 496. 707. (403), Art. (339a), Art. (443), Art. Art. (422), Art. Art. Note: Art. 527. Art. 559. Art. But the effect of the alienation or the mortgage, with respect to the co-owners, shall be limited to the portion which may be alloted to him in the division upon the termination of the co-ownership. Planting are presumed made by the owner Legislature on December 9, 1933 the Insurance Act was governing. Things united can be separated without injury, their respective interests cultivation or labor are gathered or severed no unless... Co-Owners who represent the controlling interest in the preceding Article adopted its own Civil Code of the estate. Or intransmissible be the basis of good faith is entitled to any share of the Philippines their. Injure the rights necessary for its use are considered received from the estate to which actively. Damage shall be applied in case of the legal system of the thing order! Nation can not be recognized at the same time in two different personalities except in concept! 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