The penalty may be enforced only when it is demandable in accordance with the provisions of this Code. Article 1401. Article 1734. When a person, claiming to be injured by a criminal offense, charges another with the same, for which no independent civil action is granted in this Code or any special law, but the justice of the peace finds no reasonable grounds to believe that a crime has been committed, or the prosecuting attorney refuses or fails to institute criminal proceedings, the complaint may bring a civil action for damages against the alleged offender. But if dissolution is caused by expulsion of a partner, bona fide under the partnership agreement and if the expelled partner is discharged from all partnership liabilities, either by payment or agreement under the second paragraph of Article 1835, he shall receive in cash only the net amount due him from the partnership. In painting and sculpture, writings, printed matter, engraving and lithographs, the board, metal, stone, canvas, paper or parchment shall be deemed the accessory thing. (1870a), Article 2105. 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. Interest due shall earn legal interest from the time it is judicially demanded, although the obligation may be silent upon this point. Article 701. If either one of the owners has made the incorporation with the knowledge and without the objection of the other, their respective rights shall be determined as though both acted in good faith. Neither shall rescission take place when the things which are the object of the contract are legally in the possession of third persons who did not act in bad faith. Article 934. One who has allowed another to assume apparent ownership of personal property for the purpose of making any transfer of it, cannot, if he received the sum for which a pledge has been constituted, set up his own title to defeat the pledge of the property, made by the other to a pledgee who received the same in good faith and for value. After the payment of debts and charges, the personal property shall be assigned to the municipality or city where the deceased last resided in the Philippines, and the real estate to the municipalities or cities, respectively, in which the same is situated. (1395). Within one year, to be computed from the execution of the deed, the vendee may bring the action for rescission, or sue for damages. The testator cannot impose any charge, condition, or substitution whatsoever upon the legitimes prescribed in this Code. The pledgee is bound to advise the pledgor, without delay, of any danger to the thing pledged. (n). Should he fail to do so, the sale shall be deemed to have been made for cash insofar as the principal is concerned. If the safekeeping of the thing delivered is not the principal purpose of the contract, there is no deposit but some other contract. Upon the defendant’s motion, the court may require the plaintiff to file a bond to indemnify the defendant in case the complaint should be found to be malicious. Article 767. The action to impugn the legitimacy of the child shall be brought within one year from the recording of the birth in the Civil Register, if the husband should be in the same place, or in a proper case, any of his heirs. (1755a), Article 1957. (n), Article 324. If he left a will, he is also called the testator. The creditor is not bound to accept payment or performance by a third person who has no interest in the fulfillment of the obligation, unless there is a stipulation to the contrary. The proceeds of the sale shall be applied in the following order: (1) To the amount mentioned in Article 231; The excess, if any, belongs to the person constituting the family home. (559), Article 645. Article 2152. (1061). (1941), Article 1119. The donation shall be revoked at the instance of the donor, when the donee fails to comply with any of the conditions which the former imposed upon the latter. In order that compensation may be proper, it is necessary: (1) That each one of the obligors be bound principally, and that he be at the same time a principal creditor of the other; (2) That both debts consist in a sum of money, or if the things due are consumable, they be of the same kind, and also of the same quality if the latter has been stated; (4) That they be liquidated and demandable; (5) That over neither of them there be any retention or controversy, commenced by third persons and communicated in due time to the debtor. The house helper’s clothes shall be subject to stipulation. Al those who are not specially disqualified by law therefor may accept donations. (646a). If he accepts the whole area, he must pay for the same at the contract rate. (531). Where the goods are of perishable nature, or where the seller expressly reserves the right of resale in case the buyer should make default, or where the buyer has been in default in the payment of the price for an unreasonable time, an unpaid seller having a right of lien or having stopped the goods in transitu may resell the goods. The price of securities, grain, liquids, and other things shall also be considered certain, when the price fixed is that which the thing sold would have on a definite day, or in a particular exchange or market, or when an amount is fixed above or below the price on such day, or in such exchange or market, provided said amount be certain. If it is agreed that the work shall be accomplished to the satisfaction of the proprietor, it is understood that in case of disagreement the question shall be subject to expert judgment. (592), Art. (1433a). The last paragraph of Article 2085, and Articles 2089 to 2091 are applicable to this contract. Article 1739. When children of one or more brothers or sisters of the deceased survive, they shall inherit from the latter by representation, if they survive with their uncles or aunts. (876a), Article 943. (n), Article 814. (n), Article 1907. (877a). This is a new provision taken from common law. 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. 2 of the preceding article shall be regulated by the provisions concerning voluntary deposit and by Article 2168. (1405a), Article 160. Article 2073. Article 771. Should brother and sisters of the full blood survive together with brothers and sisters of the half blood, the former shall be entitled to a share double that of the latter. A note, memorandum and other private in addition to public instruments may suffice. (567a), Art. This has been superseded by the Constitution. (115), Article 266. Contracts validly agreed upon may be rescinded in the cases established by law. The testator cannot republish, without reproducing in a subsequent will, the dispositions contained in a previous one which is void as to its form. Article 1852. (1855). No marriage license or formal requisites shall be necessary. Article 1370. Unless otherwise authorized by the buyer, the seller must make such contract with the carrier on behalf of the buyer as may be reasonable, having regard to the nature of the goods and the other circumstances of the case. Such civil action shall proceed independently of any criminal prosecution (if the latter be instituted), and may be proved by a preponderance of … If nothing has been stipulated concerning the place and the time for the payment of the lease, the provisions or Article 1251 shall be observed as regards the place; and with respect to the time, the custom of the place shall be followed. Article 291. If the testator, heir, or legatee owns only a part of, or an interest in the thing bequeathed, the legacy or devise shall be understood limited to such part or interest, unless the testator expressly declares that he gives the thing in its entirety. 643. The partnership is in no case bound by any act of a partner after dissolution: (1) Where the partnership is dissolved because it is unlawful to carry on the business, unless the act is appropriate for winding up partnership affairs; or, (2) Where the partner has become insolvent; or. (1679). (n). (1861), Article 2092. (1799a), Article 2018. (1153a), Article 1228. Article 1481. An illegitimate child has no right to inherit ab intestato from the legitimate children and relatives of his father or mother; nor shall such children or relatives inherit in the same manner from the illegitimate child. If two or more heirs take possession of the estate, they shall be solidarily liable for the loss or destruction of a thing devised or bequeathed, even though only one of them should have been negligent. When a partnership for a fixed term or particular undertaking is continued after the termination of such term or particular undertaking without any express agreement, the rights and duties of the partners remain the same as they were at such termination, so far as is consistent with a partnership at will. The grandchildren and other descendants shall inherit by right of representation, and if any one of them should have died, leaving several heirs, the portion pertaining to him shall be divided among the latter in equal portions. (131a), Article 279. 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. (1273), Article 1350. France: Policy Statement of 29 March 2002 on Civil Registration Ethiopia: Revised Family Code 2000 On a scale of 1-5, please rate the helpfulness of this article (n), Article 1661. (Rule 2a). Article 1055. The responsibility of two or more officious managers shall be solidary, unless the management was assumed to save the thing or business from imminent danger. He shall also be liable for the fruits thereof from the time they should have been delivered, without the need of any demand. Article 1398. (1) Those who have legitimate, legitimated, acknowledged natural children, or natural children by legal fiction; (2) The guardian, with respect to the ward, before the final approval of his accounts; (3) A married person, without the consent of the other spouse; (5) Resident aliens with whose government the Republic of the Philippines has broken diplomatic relations; (6) Any person who has been convicted of a crime involving moral turpitude, when the penalty imposed was six months’ imprisonment or more. In the case referred to in No. A document of title which is not in such form that it can be negotiated by delivery may be transferred by the holder by delivery to a purchaser or donee. Art. (1808), Article 2028. (§5a, Act 2710). With the exception of the provisions of the preceding paragraphs, the usufructuary cannot cut down trees unless it be to restore or improve some of the things in usufruct, and in such case shall first inform the owner of the necessity for the work. The property or income donated, bequeathed or devised to the unemancipated child for the expenses of his education and instruction shall pertain to him in ownership and usufruct; but the father or mother shall administer the same, if in the donation or testamentary provision the contrary has not been stated. (n), Article 346. (n). Collation shall not take place among compulsory heirs if the donor should have so expressly provided, or if the donee should repudiate the inheritance, unless the donation should be reduced as inofficious. The establishment, extent, form and conditions of the servitudes of waters, to which this section refers, shall be governed by the special laws relating thereto insofar as no provision therefor is made in this Code. The procedure for the reformation of instrument shall be governed by rules of court to be promulgated by the Supreme Court. (949), Article 1007. The receipt of the principal by the creditor without reservation with respect to the interest, shall give rise to the presumption that said interest has been paid. Article 116. If the partners have agreed to intrust to a third person the designation of the share of each one in the profits and losses, such designation may be impugned only when it is manifestly inequitable. An assignee becomes a substituted limited partner when the certificate is appropriately amended in accordance with Article 1865. (25a), Article 79. In both cases, the public highway must substantially meet the needs of the dominant estate in order that the easement may be extinguished. The amount of support, in the cases referred to in the five numbers of article 291, shall be in proportion to the resources or means of the giver and to the necessities of the recipient. This Article shall not, however, be held to render liable a sheriff, auctioneer, mortgagee, pledgee, or other person professing to sell by virtue of authority in fact or law, for the sale of a thing in which a third person has a legal or equitable interest. (n), Article 832. Art. The ejectment of tenants of agricultural lands is governed by special laws. In case of a marriage on the point of death, when the dying party, being physically unable, cannot sign the instrument by signature or mark, it shall be sufficient for one of the witnesses to the marriage to sign in his name, which fact shall be attested by the minister solemnizing the marriage. CIVIL CODE OF THE PHILIPPINES PRELIMINARY TITLE Chapter 1 EFFECT AND APPLICATION OF LAWS Article 1. Article 1244. If he has alienated it, he shall return the price or assign the action to collect the sum. Civil personality is extinguished by death. He is also obliged to advise the owner, with the same urgency, of the need of all repairs included in No. Article 748. (2) None of the partners may, without the consent of the others, make any important alteration in the immovable property of the partnership, even if it may be useful to the partnership. Article 2206. Obligations derived from law are not presumed. The action for the recognition of natural children may be brought only during the lifetime of the presumed parents, except in the following cases: (1) If the father or mother died during the minority of the child, in which case the latter may file the action before the expiration of four years from the attainment of his majority; (2) If after the death of the father or of the mother a document should appear of which nothing had been heard and in which either or both parents recognize the child. (1091a), Article 1160. Art. Article 178. Article 821. Article 391. Ignorance of a judgment which may be revoked or set aside is not a valid ground for attacking a compromise. When legal separation has been granted, the wife shall continue using her name and surname employed before the legal separation. Constitution shall form a part of the legal system of the Philippines. Things acquired by occupation, such as fishing and hunting, pertain to the conjugal partnership of gains. (521), Article 612. (n). A promise to buy and sell a determinate thing for a price certain is reciprocally demandable. The courts may deprive the parents of their authority or suspend the exercise of the same if they should treat their children with excessive harshness or should give them corrupting orders, counsels, or examples, or should make them beg or abandon them. If a testamentary disposition admits of different interpretations, in case of doubt, that interpretation by which the disposition is to be operative shall be preferred. (182). Common carriers are persons, corporations, firms or associations engaged in the business of carrying or transporting passengers or goods or both, by land, water, or air, for compensation, offering their services to the public. The main draft of the Civil Code was prepared by the Roxas Code Commission, which was created via Executive Order No. The persons named in the preceding article shall exercise reasonable supervision over the conduct of the child. The obligation of the guarantor is extinguished at the same time as that of the debtor, and for the same causes as all other obligations. If a credit should be assigned as collectible, the co-heirs shall not be liable for the subsequent insolvency of the debtor of the estate, but only for his insolvency at the time the partition is made. Article 908. The action for the annulment of contracts may be instituted by all who are thereby obliged principally or subsidiarily. Whenever two movable things belonging to different owners are, without bad faith, united in such a way that they form a single object, the owner of the principal thing acquires the accessory, indemnifying the former owner thereof for its value. The right of legal pre-emption or redemption shall not be exercised except within thirty days from the notice in writing by the prospective vendor, or by the vendor, as the case may be. Lower estates are obliged to receive the waters which naturally and without the intervention of man descend from the higher estates, as well as the stones or earth which they carry with them. (1600). In case of real property, the consolidation of ownership in the vendee by virtue of the failure of the vendor to comply with the provisions of article 1616 shall not be recorded in the Registry of Property without a judicial order, after the vendor has been duly heard. (n), Article 1342. (793a), Article 875. Article 600. Article 1834. (n), Article 1902. The Philippine Civil Code is strongly influenced by the Spanish Código Civil, which was first enforced in 1889 within the Philippines when it was still a colony of the Spanish Empire. In the absence of legitimate descendants and ascendants, and illegitimate children and their descendants, whether legitimate or illegitimate, the surviving spouse shall inherit the entire estate, without prejudice to the rights of brothers and sisters, nephews and nieces, should there be any, under article 1001. Any express or tacit recognition which the possessor may make of the owner’s right also interrupts possession. Incapacity to succeed by will shall be applicable to donations inter vivos. The child shall be presumed legitimate, although the mother may have declared against its legitimacy or may have been sentenced as an adulteress. Article 210. Natural fruits are the spontaneous products of the soil, and the young and other products of animals. If the owner has not pursued the swarm, or ceases to do so within two consecutive days, the possessor of the land may occupy or retain the same. Every fideicommissary substitution must be expressly made in order that it may be valid. The lessor of a business or industrial establishment may continue engaging in the same business or industry to which the lessee devotes the thing leased, unless there is a stipulation to the contrary. Article 48. The family home extrajudicially formed shall be exempt from execution, forced sale or attachment, except: (2) For debts incurred before the declaration was recorded in the Registry of Property; (3) For debts secured by mortgages on the premises before or after such record of the declaration; (4) For debts due to laborers, mechanics, architects, builders, material-men and others who have rendered service or furnished material for the prosecution of the building. (n), Article 115. 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