Art. The principles of the general law on the quieting of title are hereby adopted insofar as they are not in conflict with this Code. An acceptance may be express or implied. (1898), Art. 2156. 1389. 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. (154a), Art. If the third person or persons acted in bad faith or by mistake, the courts may fix the price. 197. The possessor of an animal or whoever may make use of the same is responsible for the damage which it may cause, although it may escape or be lost. When money is paid or property delivered for an illegal purpose, the contract may be repudiated by one of the parties before the purpose has been accomplished, or before any damage has been caused to a third person. The partnership has a judicial personality separate and distinct from that of each of the partners, even in case of failure to comply with the requirements of Article 1772, first paragraph. (n). (1712), Art. 1581. 366. Conditions imposed by the testator upon the heirs shall be governed by the rules established for conditional obligations in all matters not provided for by this Section. Art. (632a). 809. 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. (1730), Art. (n), Art. The provisions of Article 2052 are applicable to a pledge or mortgage. If both the winner and the loser have perpetrated fraud, no action for recovery can be brought by either. 375. When one party was mistaken and the other knew or believed that the instrument did not state their real agreement, but concealed that fact from the former, the instrument may be reformed. (1880a), Art. 1008. In this case, the property donated shall be returned to the donor, the alienations made by the donee and the mortgages imposed thereon by him being void, with the limitations established, with regard to third persons, by the Mortgage Law and the Land Registration Laws. (n). A relative simulation, when it does not prejudice a third person and is not intended for any purpose contrary to law, morals, good customs, public order or public policy binds the parties to their real agreement. 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. Art. 914. 348. 2147. 2238. The principal is not liable for the expenses incurred by the agent in the following cases: (2) When the expenses were due to the fault of the agent; (3) When the agent incurred them with knowledge that an unfavorable result would ensue, if the principal was not aware thereof; (4) When it was stipulated that the expenses would be borne by the agent, or that the latter would be allowed only a certain sum. Without prejudice to his obligation toward the sublessor, 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. Art. (1508a), Art. Art. (1) After the termination of the specified term or particular undertaking; (2) At any time if the partnership was a partnership at will when the interest was assigned or when the charging order was issued. (1544a), Art. 744. The creditor cannot claim from the guarantors except the shares which they are respectively bound to pay, unless solidarity has been expressly stipulated. A guaranty may also be given as security for future debts, the amount of which is not yet known; there can be no claim against the guarantor until the debt is liquidated. 934. (1595), Art. 2078. Art. 2025. (n), Art. (23). (766a), A simple substitution, without a statement of the cases to which it refers, shall comprise the three mentioned in the preceding paragraph, unless the testator has otherwise provided. (1128a). (1133), Art. Whether it is for the buyer to take possession of the goods or of the seller to send them to the buyer is a question depending in each case on the contract, express or implied, between the parties. 2026. Legitimation shall take place by the subsequent marriage between the parents. 117. The vendor is not bound to deliver the thing sold in case the vendee should lose the right to make use of the terms as provided in Article 1198. Art. In all contractual, property or other relations, when one of the parties is at a disadvantage on account of his moral dependence, ignorance, indigence, mental weakness, tender age or other handicap, the courts must be vigilant for his protection. (n), Art. (1257a), Art. 984. Art. 2215. 2001. 1740. 1312. He who in good faith accepts an undue payment of a thing certain and determinate shall only be responsible for the impairment or loss of the same or its accessories and accessions insofar as he has thereby been benefited. Express condonation shall, furthermore, comply with the forms of donation. 2253. Art. 853. The ownership, administration, possession and enjoyment of the common property belong to both spouses jointly. Art. Those who may have entered upon the inheritance shall appropriate the fruits received in good faith so long as the absentee does not appear, or while his representatives or successors in interest do not bring the proper actions. The provisions of Article 2014 and 2016 apply when two or more persons bet in a game of chance, although they take no active part in the game itself. A sub-guarantor, in case of the insolvency of the guarantor for whom he bound himself, is responsible to the co-guarantors in the same terms as the guarantor. (1098), Art. (1276), Art. When a right to sue upon a civil obligation has lapsed by extinctive prescription, the obligor who voluntarily performs the contract cannot recover what he has delivered or the value of the service he has rendered. (179a), Art. Art. 1722. 2159. (1201), Art. Art. (1) To a lien on, or right of retention of, the surplus of the partnership property after satisfying the partnership liabilities to third persons for any sum of money paid by him for the purchase of an interest in the partnership and for any capital or advances contributed by him; (2) To stand, after all liabilities to third persons have been satisfied, in the place of the creditors of the partnership for any payments made by him in respect of the partnership liabilities; and, (3) To be indemnified by the person guilty of the fraud or making the representation against all debts and liabilities of the partnership. Art. 1407. (1147a), Art. 1220. The expenses necessary for the delivery of the thing bequeathed shall be for the account of the heir or the estate, but without prejudice to the legitime. 1882. (1104a), Art. 1721. However, when the preservation of the thing deposited requires its use, it must be used but only for that purpose. The fiduciary shall be obliged to deliver the inheritance to the second heir, without other deductions than those which arise from legitimate expenses, credits and improvements, save in the case where the testator has provided otherwise. Art. (583), Art. Manufacturers and processors of foodstuffs, drinks, toilet articles and similar goods shall be liable for death or injuries caused by any noxious or harmful substances used, although no contractual relation exists between them and the consumers. In the second case, the rules on agency in Title X of this Book shall be applicable. Nevertheless, a guaranty may be constituted to guarantee the performance of a voidable or an unenforceable contract. 286. In a sale with a right to repurchase, the vendee of a part of an undivided immovable who acquires the whole thereof in the case of article 498, may compel the vendor to redeem the whole property, if the latter wishes to make use of the right of redemption. Art. Art. In the latter case, the property not agreed upon as separate shall pertain to the conjugal partnership of gains. The vendee need not appeal from the decision in order that the vendor may become liable for eviction. (n). (n), Art. 1200. (1851a), Art. 2037. 1510. A person desiring the cancellation or amendment of a certificate, if any person designated in the first and second paragraphs as a person who must execute the writing refuses to do so, may petition the court to order a cancellation or amendment thereof. The father and in a proper case the mother, shall lose authority over their children: (2) When by a final judgment in legal separation proceedings such loss of authority is declared. The excess, should there be any, shall in no case pertain to the renouncer, but shall be adjudicated to the persons to whom, in accordance with the rules established in this Code, it may belong. When the fulfillment of the condition depends upon the sole will of the debtor, the conditional obligation shall be void. Among the compulsory heirs the right of accretion shall take place only when the free portion is left to two or more of them, or to any one of them and to a stranger. No action can be maintained by the winner for the collection of what he has won in a game of chance. (1) Have the partnership books kept at the principal place of business of the partnership, and at a reasonable hour to inspect and copy any of them; (2) Have on demand true and full information of all things affecting the partnership, and a formal account of partnership affairs whenever circumstances render it just and reasonable; and. (n), Art. The benefit of division against the co-guarantors ceases in the same cases and for the same reasons as the benefit of excussion against the principal debtor. (10a), Art. 1877. 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. 1104. If the certificate contains a false statement, one who suffers loss by reliance on such statement may hold liable any party to the certificate who knew the statement to be false: (1) At the time he signed the certificate, or. (912a). If the annuity was constituted in fraud of creditors, the latter may ask for the execution or attachment of the property. The vendor shall not be obliged to make good the proper warranty, unless he is summoned in the suit for eviction at the instance of the vendee. (1177). 1393. If the owner chooses the latter alternative, he shall give security for the payment of the interest. The validity of a will as to its form depends upon the observance of the law in force at the time it is made. Art. 1741. 1643. 424. 128. 2145. This public document shall be recorded in the Registry of Property. Interest may, in the discretion of the court, be allowed upon damages awarded for breach of contract. The following circumstances shall be considered: the confidential, family, spiritual and other relations between the parties, or the fact that the person alleged to have been unduly influenced was suffering from mental weakness, or was ignorant or in financial distress. Where the seller of goods draws on the buyer for the price and transmits the bill of exchange and bill of lading together to the buyer to secure acceptance or payment of the bill of exchange, the buyer is bound to return the bill of lading if he does not honor the bill of exchange, and if he wrongfully retains the bill of lading he acquires no added right thereby. Payment to a person who is incapacitated to administer his property shall be valid if he has kept the thing delivered, or insofar as the payment has been beneficial to him. 194. (840a), Art. Neither the right to receive legal support nor any money or property obtained as such support or any pension or gratuity from the government is subject to attachment or execution. Such civil action may be supported by a preponderance of evidence. 1567. (1176a), The consignation shall be ineffectual if it is not made strictly in consonance with the provisions which regulate payment. 1566. A stipulation that the common carrier's liability is limited to the value of the goods appearing in the bill of lading, unless the shipper or owner declares a greater value, is binding. 379. (n), Art. 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. (1858), Art. 1007. Owners of enterprises and other employers are obliged to pay compensation for the death of or injuries to their laborers, workmen, mechanics or other employees, even though the event may have been purely accidental or entirely due to a fortuitous cause, if the death or personal injury arose out of and in the course of the employment. 679. The warranty cannot be enforced until a final judgment has been rendered, whereby the vendee loses the thing acquired or a part thereof. (2) For injury to the plaintiff's business standing or commercial credit. 167. 257. (1302a). (30a) Those credits which do not enjoy any preference with respect to specific property, and those which enjoy preference, as to the amount not paid, shall be satisfied according to the following rules: (1) In the order established in Article 2244; (2) Common credits referred to in Article 2245 shall be paid pro rata regardless of dates. 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, however, the bill of lading provides that the goods are deliverable to the buyer or to the order of the buyer, or is indorsed in blank, or to the buyer by the consignee named therein, one who purchases in good faith, for value, the bill of lading, or goods from the buyer will obtain the ownership in the goods, although the bill of exchange has not been honored, provided that such purchaser has received delivery of the bill of lading indorsed by the consignee named therein, or of the goods, without notice of the facts making the transfer wrongful. Art. Where goods are delivered to a carrier by the seller, in accordance with an order from or agreement with the buyer, upon the terms that the goods shall not be delivered by the carrier to the buyer until he has paid the price, whether such terms are indicated by marking the goods with the words "collect on delivery," or otherwise, the buyer is not entitled to examine the goods before the payment of the price, in the absence of agreement or usage of trade permitting such examination. 1320. When a passenger is carried gratuitously, a stipulation limiting the common carrier's liability for negligence is valid, but not for wilful acts or gross negligence. Whenever earnest money is given in a contract of sale, it shall be considered as part of the price and as proof of the perfection of the contract. Art. (n), Art. With regard to the child's property, the Rules of Court on guardianship shall govern. When the widow or widower survives with legitimate parents or ascendants, the surviving spouse shall be entitled to one-half of the estate, and the legitimate parents or ascendants to the other half. Anything paid or delivered before the arrival of the period, the obligor being unaware of the period or believing that the obligation has become due and demandable, may be recovered, with the fruits and interests. The actual market value of the fruits at the time of the application thereof to the interest and principal shall be the measure of such application. 2166. In all matters not regulated by this Code, the rights and obligations of common carriers shall be governed by the Code of Commerce and by special laws. (1737a), Art. 2053. (n), Art. 343. Art. (1466). If the guarantor should pay without notifying the debtor, the latter may enforce against him all the defenses which he could have set up against the creditor at the time the payment was made. 854. (489), Art. Art. The head of a family that lives in a building or a part thereof, is responsible for damages caused by things thrown or falling from the same. (1882). Art. No person may accept or repudiate an inheritance unless he is certain of the death of the person from whom he is to inherit, and of his right to the inheritance. In these cases, the courts may also deprive the parents in whole or in part, of the usufruct over the child's property, or adopt such measures as they may deem advisable in the interest of the child. The designation of the day or time when the effects of the institution of an heir shall commence or cease shall be valid. Property held by the insolvent debtor as a trustee of an express or implied trust, shall be excluded from the insolvency proceedings. The ownership which the proprietor of a piece of land has over the waters rising thereon does not prejudice the rights which the owners of lower estates may have legally acquired to the use thereof. All things which are within the commerce of men are susceptible of prescription, unless otherwise provided. 233. 860. 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. (653). 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. 1230. The owner may construct any works and make any improvements of which the immovable in usufruct is susceptible, or make new plantings thereon if it be rural, provided that such acts do not cause a diminution in the value of the usufruct or prejudice the right of the usufructuary. (879a), Art. The following rights, among others specified elsewhere in this Code, are not extinguished by prescription: (2) To bring an action to abate a public or private nuisance. (1666a), Art. The taxes which, during the usufruct, may be imposed directly on the capital, shall be at the expense of the owner. It is not necessary that such damages have been foreseen or could have reasonably been foreseen by the defendant. 1747. 2103. In crimes, the damages to be adjudicated may be respectively increased or lessened according to the aggravating or mitigating circumstances. If the hidden defect of animals, even in case a professional inspection has been made, should be of such a nature that expert knowledge is not sufficient to discover it, the defect shall be considered as redhibitory. (1263a), Art. When the title comprises two or more pieces of land which have been assigned to two or more co-heirs, or when it covers one piece of land which has been divided between two or more co-heirs, the title shall be delivered to the one having the largest interest, and authentic copies of the title shall be furnished to the other co-heirs at the expense of the estate. When the price of any article or commodity is determined by statute, or by authority of law, any person paying any amount in excess of the maximum price allowed may recover such excess. The usufructuary who has given security may use the capital he has collected in any manner he may deem proper. In both cases, the public highway must substantially meet the needs of the dominant estate in order that the easement may be extinguished. 1187. If there is property, other than that mentioned in the preceding article, owned by two or more persons, one of whom is the insolvent debtor, his undivided share or interest therein shall be among the assets to be taken possession of by the assignee for the payment of the insolvent debtor's obligations. (n), Art. (n). Art. The lessee shall return the thing leased, upon the termination of the lease, as he received it, save what has been lost or impaired by the lapse of time, or by ordinary wear and tear, or from an inevitable cause. 2018. If afellow worker's intentional malicious act is the only cause of the death or injury, the employer shall not be answerable, unless it should be shown that the latter did not exercise due diligence in the selection or supervision of the plaintiff's fellow worker. Art. 1645. 137. 1201. However, such person so attesting shall be admitted as a witness as if such devise or legacy had not been made or given. Liquidation of the absolute community shall be governed by the Rules of Court on the administration of the estate of deceased persons. Even though the owner did not derive any benefit and there has been no imminent and manifest danger to the property or business, the owner is liable as under the first paragraph of the preceding article, provided: (2) The property or business is intact, ready to be returned to the owner. 2020. (n). The making of a will is a strictly personal act; it cannot be left in whole or in part of the discretion of a third person, or accomplished through the instrumentality of an agent or attorney. However, even though a monthly rent is paid, and no period for the lease has been set, the courts may fix a longer term for the lease after the lessee has occupied the premises for over one year. The action for the annulment of contracts may be instituted by all who are thereby obliged principally or subsidiarily. (1449a), Art. When property is conveyed to a person in reliance upon his declared intention to hold it for, or transfer it to another or the grantor, there is an implied trust in favor of the person whose benefit is contemplated. The commission agent cannot, without the express or implied consent of the principal, sell on credit. In such case, legal succession shall take place only with respect to the property of which the testator has not disposed; (3) If the suspensive condition attached to the institution of heir does not happen or is not fulfilled, or if the heir dies before the testator, or repudiates the inheritance, there being no substitution, and no right of accretion takes place; (4) When the heir instituted is incapable of succeeding, except in cases provided in this Code. Nevertheless, if the vendee would not have bought the immovable had he known of its smaller area of inferior quality, he may rescind the sale. The courts may, however, increase or moderate the indemnity according to the circumstances of each case. The appointment of arbitrators and the procedure for arbitration shall be governed by the provisions of such rules of court as the Supreme Court shall promulgate. Art. Art. The compulsory heirs shall not be liable for the charge beyond the amount of the free portion given them. (491), Art. Incorporeal rights, evidenced by negotiable instruments, bills of lading, shares of stock, bonds, warehouse receipts and similar documents may also be pledged. Every partner is a debtor of the partnership for whatever he may have promised to contribute thereto. Art. Art. (1831a), Art. Innominate contracts shall be regulated by the stipulations of the parties, by the provisions of Titles I and II of this Book, by the rules governing the most analogous nominate contracts, and by the customs of the place. 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. The creditor does not acquire the ownership of the real estate for non-payment of the debt within the period agreed upon. (1552a). (1170), Art. (n), Art. 508. There is also an implied trust when a donation is made to a person but it appears that although the legal estate is transmitted to the donee, he nevertheless is either to have no beneficial interest or only a part thereof. 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. 909. 1202. Donations made to conceived and unborn children may be accepted by those persons who would legally represent them if they were already born. Art. 1673. (1463a), Art. Art. 616. Usurious transactions shall be governed by special laws. When the defect of the contract consists in the incapacity of one of the parties, 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. The sale is presumed to be fictitious if at the time the supposed vendee demands the termination of the lease, the sale is not recorded in the Registry of Property. 1373. Art. (n). The limits of the agent's authority shall not be considered exceeded should it have been performed in a manner more advantageous to the principal than that specified by him. (1935), Art. Should the wife fail to exercise this right, she or her heirs, after the dissolution of the marriage, may demand the value of property fraudulently alienated by the husband. The effects of a conditional obligation to give, once the condition has been fulfilled, shall retroact to the day of the constitution of the obligation. Partition may be made by agreement between the parties or by judicial proceedings. 469. (d) Those owing to partners in respect of profits. The sale of animals suffering from contagious diseases shall be void. Art. 448. 1780. (1467a). (n), Art. The creditor has a right to the fruits of the thing from the time the obligation to deliver it arises. 2196. 1647. If only the widow or widower survives with parents of the illegitimate child, the legitime of the parents is one-fourth of the hereditary estate of the child, and that of the surviving spouse also one-fourth of the estate. 2046. (1318a), Art. In case of loss, deterioration or improvement of the thing before the arrival of the day certain, the rules in Article 1189 shall be observed. Art. 2084. (n), Art. After the legitime has been determined in accordance with the three preceding articles, the reduction shall be made as follows: (2) The reduction of the devises or legacies shall be pro rata, without any distinction whatever. When one or both debts are rescissible or voidable, they may be compensated against each other before they are judicially rescinded or avoided. Art. 2200. 1122. (1767a). If the agent dies, his heirs must notify the principal thereof, and in the meantime adopt such measures as the circumstances may demand in the interest of the latter. Art. Art. Art. 1549. 1021. 793. The provisions of this article shall not prejudice the rights of third persons, acquired either at the beginning or at the termination of the usufruct. (1553). The contract of pledge or mortgage may secure all kinds of obligations, be they pure or subject to a suspensive or resolutory condition. (994), Art. Art. 1748. document.write("1998 - "+yr); (1554a), Art. Responsibility arising from negligence in the performance of every kind of obligation is also demandable, but such liability may be regulated by the courts, according to the circumstances. Article 2176, in such a document gives the transferee article 1621 civil code philippines additional.! Is interposed the social position of the thing leased or received, as many degrees are counted there... 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