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(119a), ARTICLE 270. (n), ARTICLE 2261. If the latter has paid them, the usufructuary shall pay him the proper interest on the sums which may have been paid in that character; and, if the said sums have been advanced by the usufructuary, he shall recover the amount thereof at the termination of the usufruct. Whenever the different stories of a house belong to different owners, if the titles of ownership do not specify the terms under which they should contribute to the necessary expenses and there exists no agreement on the subject, the following rules shall be observed: (1) The main and party walls, the roof and the other things used in common, shall be preserved at the expense of all the owners in proportion to the value of the story belonging to each; (2) Each owner shall bear the cost of maintaining the floor of his story; the floor of the entrance, front door, common yard and sanitary works common to all, shall be maintained at the expense of all the owners pro rata; (3) The stairs from the entrance to the first story shall be maintained at the expense of all the owners pro rata, with the exception of the owner of the ground floor; the stairs from the first to the second story shall be preserved at the expense of all, except the owner of the ground floor and the owner of the first story; and so on successively. The existing laws which punish acts or omissions concerning the marriage license, solemnization of marriage, authority to solemnize marriages, and other acts or omissions relative to the celebration of marriage shall remain and continue to be in force. (n), Property, Ownership, and its Modifications, ARTICLE 414. A guarantor may bind himself for less, but not for more than the principal debtor, both as regards the amount and the onerous nature of the conditions. ARTICLE 2210. The latter may freely dispose of the remaining half, subject to the rights of illegitimate children and of the surviving spouse as hereinafter provided. (34a), ARTICLE 93. When it is absolutely impossible to settle doubts by the rules established in the preceding articles, and the doubts refer to incidental circumstances of a gratuitous contract, the least transmission of rights and interests shall prevail. ARTICLE 1455. (1494a). 6 in August 1949. The legatee or devisee acquires a right to the pure and simple legacies or devises from the death of the testator, and transmits it to his heirs. (1122). ARTICLE 1231. Should there be an agreement, the period cannot exceed ten years. The borrower may recover in accordance with the laws on usury. A particular partnership has for its object determinate things, their use or fruits, or a specific undertaking, or the exercise of a profession or vocation. Such revocation may be express or implied. (1455a), ARTICLE 1488. Donations made to incapacitated persons shall be void, though simulated under the guise of another contract or through a person who is interposed. The mere failure on the part of the creditor to demand payment after the debt has become due does not of itself constitute any extension of time referred to herein. If the mishap was due to the employee’s own notorious negligence, or voluntary act, or drunkenness, the employer shall not be liable for compensation. Testamentary dispositions that impair or diminish the legitime of the compulsory heirs shall be reduced on petition of the same, insofar as they may be inofficious or excessive. In contracts creating real rights, third persons who come into possession of the object of the contract are bound thereby, subject to the provisions of the Mortgage Law and the Land Registration Laws. If a person attests the execution of a will, to whom or to whose spouse, or parent, or child, a devise or legacy is given by such will, such devise or legacy shall, so far only as concerns such person, or spouse, or parent, or child of such person, or any one claiming under such person or spouse, or parent, or child, be void, unless there are three other competent witnesses to such will. Nevertheless, if any of the heirs should demand that the thing be sold at public auction and that strangers be allowed to bid, this must be done. (402), ARTICLE 497. In the case of a sale by auction: (1) Where goods are put up for sale by auction in lots, each lot is the subject of a separate contract of sale. However, in case of fraud in the management of the partnership, the assignee may avail himself of the usual remedies. Reversion may be validly established in favor of only the donor for any case and circumstances, but not in favor of other persons unless they are all living at the time of the donation. Subsequent wills which do not revoke the previous ones in an express manner, annul only such dispositions in the prior wills as are inconsistent with or contrary to those contained in the later wills. ARTICLE 616. Likewise, each co-owner shall pay for damages caused by reason of his negligence or fraud. (1779a), ARTICLE 1993. (912a), ARTICLE 961. (1101), ARTICLE 1171. (n), ARTICLE 2108. (n), ARTICLE 1879. Every successive owner or possessor of property who fails or refuses to abate a nuisance in that property started by a former owner or possessor is liable therefor in the same manner as the one who created it. Should there be a stipulation that the agent shall advance the necessary funds, he shall be bound to do so except when the principal is insolvent. ARTICLE 192. Article 177 of Executive Order No. 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. The action for annulment of contracts shall be extinguished when the thing which is the object thereof is lost through the fraud or fault of the person who has a right to institute the proceedings. (1901), ARTICLE 2164. (624), ARTICLE 736. Possession acquired in good faith does not lose this character except in the case and from the moment facts exist which show that the possessor is not unaware that he possesses the thing improperly or wrongfully. The owner of a swarm of bees shall have a right to pursue them to another’s land, indemnifying the possessor of the latter for the damage. (1552a). The agency shall remain in full force and effect even after the death of the principal, if it has been constituted in the common interest of the latter and of the agent, or in the interest of a third person who has accepted the stipulation in his favor. ARTICLE 1030. 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. A guaranty is gratuitous, unless there is a stipulation to the contrary. The hotel-keeper cannot free himself from responsibility by posting notices to the effect that he is not liable for the articles brought by the guest. Emancipation is final or irrevocable. (589). ARTICLE 469. (38a), ARTICLE 47. (n), ARTICLE 1536. 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. (n), ARTICLE 2263. If the obligation does not fix a period, but from its nature and the circumstances it can be inferred that a period was intended, the courts may fix the duration thereof. When funeral expenses are borne by a third person, without the knowledge of those relatives who were obliged to give support to the deceased, said relatives shall reimburse the third person, should the latter claim reimbursement. ARTICLE 311. Substitution is the appointment of another heir so that he may enter into the inheritance in default of the heir originally instituted. (608a). When all the requisites mentioned in article 1279 are present, compensation takes effect by operation of law, and extinguishes both debts to the concurrent amount, even though the creditors and debtors are not aware of the compensation. 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. (584a), ARTICLE 673. Whenever the owner of the material employed without his consent has a right to an indemnity, he may demand that this consist in the delivery of a thing equal in kind and value, and in all other respects, to that employed, or else in the price thereof, according to expert appraisal. ARTICLE 544. ARTICLE 117. The conjugal partnership shall commence precisely on the date of the celebration of the marriage. If he has been excused from giving security or has not been able to give it, or if that given is not sufficient, he shall need the authorization of the owner, or of the court in default thereof, to collect such credits. (1939), Prescription of Ownership and Other Real Rights. (n), ARTICLE 1951. Nevertheless, the owner of the tenement or property adjoining the wall in which the openings are made can close them should he acquire part-ownership thereof, if there be no stipulation to the contrary. While the amount of the exemplary damages need not be proved, the plaintiff must show that he is entitled to moral, temperate or compensatory damages before the court may consider the question of whether or not exemplary damages should be awarded. When a piece of work has been entrusted to a person by reason of his personal qualifications, the contract is rescinded upon his death. The unworthy heir who is excluded from the succession has a right to demand indemnity for any expenses incurred in the preservation of the hereditary property, and to enforce such credits as he may have against the estate. (578a), ARTICLE 666. A possessor deprived of his possession through forcible entry may within ten days from the filing of the complaint present a motion to secure from the competent court, in the action for forcible entry, a writ of preliminary mandatory injunction to restore him in his possession. (1868a). The heir is not liable beyond the value of the property he received from the decedent. (n), ARTICLE 741. ARTICLE 1302. (1885a), ARTICLE 2139. (1542), ARTICLE 1643. (n). (n), ARTICLE 141. The teacher or professor shall cultivate the best potentialities of the heart and mind of the pupil or student. ARTICLE 1979. The requisite that a thing be determinate is satisfied if at the time the contract is entered into, the thing is capable of being made determinate without the necessity of a new or further agreement between the parties. When the work is of such a nature that the portion which the lessee and his family need for their dwelling becomes uninhabitable, he may rescind the contract if the main purpose of the lease is to provide a dwelling place for the lessee. ARTICLE 1785. (n), ARTICLE 1524. ARTICLE 1405. 1 and 2 of article 1381 shall not take place with respect to contracts approved by the courts. The right of every possessor in good faith to reimbursement for necessary and useful expenses is governed by article 546. The depositary is responsible for the negligence of his employees. (1879), ARTICLE 2130. If after the alienation the thing should again belong to the testator, even if it be by reason of nullity of the contract, the legacy or devise shall not thereafter be valid, unless the reacquisition shall have been effected by virtue of the exercise of the right of repurchase; (3) If the thing bequeathed is totally lost during the lifetime of the testator, or after his death without the heir’s fault. Unless a lease is recorded, it shall not be binding upon third persons. (1265a). (32a), ARTICLE 43. (546a), ARTICLE 632. ARTICLE 262. A fideicommissary substitution can never burden the legitime. (1743a) mdnsIP. (756, 853, 674a). ARTICLE 2148. (n), ARTICLE 1605. (118), ARTICLE 269. ARTICLE 26. The local civil registrar shall demand the previous payment of fees required by law or regulations for each license issued. ARTICLE 570. ARTICLE 960. It is crafted and passed by the Congress of the Philippines and approved by the President of Philippines. ARTICLE 313. The capacity of a married woman to execute acts and contracts is governed by this Code, even if her marriage was celebrated under the former laws. (1720a). If the doubts are cast upon the principal object of the contract in such a way that it cannot be known what may have been the intention or will of the parties, the contract shall be null and void. (1270), ARTICLE 1345. Property of private ownership, besides the patrimonial property of the State, provinces, cities, and municipalities, consists of all property belonging to private persons, either individually or collectively. No affirmation of the value of the thing, nor any statement purporting to be a statement of the seller’s opinion only, shall be construed as a warranty, unless the seller made such affirmation or statement as an expert and it was relied upon by the buyer. In case of sale, the price or such portion thereof as may be determined by the court shall be used in acquiring property which shall be formed into a new family home. ARTICLE 2054. But the payment is in any case valid as to the creditor who has accepted it. (n), ARTICLE 1464. The forms and solemnities of contracts, wills, and other public instruments shall be governed by the laws of the country in which they are executed. (1041), ARTICLE 1068. The owner of the dominant estate may make, at his own expense, on the servient estate any works necessary for the use and preservation of the servitude, but without altering it or rendering it more burdensome. (170), ARTICLE 332. All partners, including industrial ones, shall be liable pro rata with all their property and after all the partnership assets have been exhausted, for the contracts which may be entered into in the name and for the account of the partnership, under its signature and by a person authorized to act for the partnership. Whenever it consists in the enjoyment of benefits accruing from a participation in any industrial or commercial enterprise, the date of the distribution of which is not fixed, such benefits shall have the same character. Once fixed by the courts, the period cannot be changed by them. If a fellow worker’s intentional or 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. (n), ARTICLE 1519. In case of a pledge of animals, their offspring shall pertain to the pledgor or owner of animals pledged, but shall be subject to the pledge, if there is no stipulation to the contrary. (1503), ARTICLE 1592. If she is the innocent spouse, she may resume her maiden name and surname. 4, the expiration of the month allowed for the report. (n), ARTICLE 2050. This same rule shall be observed if he does it in contravention of the tenor of the obligation. After they have been fully met, the debts of the conjugal partnership which have redounded to the benefit of the family may be paid from said fruits and interest. Simulation of a contract may be absolute or relative. (n). Where by the terms of a negotiable document of title the goods are deliverable to bearer or where a negotiable document of title has been indorsed in blank or to bearer, any holder may indorse the same to himself or to any specified person, and in such case the document shall thereafter be negotiated only by the indorsement of such indorsee. (925), ARTICLE 973. (n). (1801a) merimo, ARTICLE 2021. ARTICLE 2216. Should there be several heirs called to the inheritance, some of them may accept and the others may repudiate it. There shall be no reformation in the following cases: (1) Simple donations inter vivos wherein no condition is imposed; ARTICLE 1367. The marriage shall be solemnized publicly in the office of the judge in open court or of the mayor, or in the church, chapel or temple, as the case may be, and not elsewhere, except in cases of marriages contracted on the point of death or in remote places in accordance with article 72 of this Code, or in case of marriage referred to in article 76 or when one of the parents or the guardian of the female or the latter herself if over eighteen years of age request it in writing, in which cases the marriage may be solemnized at a house or place designated by said parent or guardian of the female or by the latter herself in a sworn statement to that effect. In a contract of sale, unless a contrary intention appears, there is: (1) An implied warranty on the part of the seller that he has a right to sell the thing at the time when the ownership is to pass, and that the buyer shall from that time have and enjoy the legal and peaceful possession of the thing; (2) An implied warranty that the thing shall be free from any hidden faults or defects, or any charge or encumbrance not declared or known to the buyer. ARTICLE 369. The acceptance or repudiation of an inheritance, once made, is irrevocable, and cannot be impugned, except when it was made through any of the causes that vitiate consent, or when an unknown will appears. (Sec. If damage referred to in the two preceding articles should be the result of any defect in the construction mentioned in article 1723, the third person suffering damages may proceed only against the engineer or architect or contractor in accordance with said article, within the period therein fixed. The depositary may change the way of the deposit if under the circumstances he may reasonably presume that the depositor would consent to the change if he knew of the facts of the situation. No one may enter private property to search waters or make use of them without permission from the owners, except as provided by the Mining Law. 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. Jeremy D. Morley was admitted to the New York Bar in 1975 and concentrates on international family law. When the property delivered or money paid belongs to a third person, the payee shall comply with the provisions of article 1984. (3) A right to bid may be reserved expressly by or on behalf of the seller, unless otherwise provided by law or by stipulation. (n), ARTICLE 1587. Ratification extinguishes the action to annul a voidable contract. (n), ARTICLE 730. (376). Property held by the insolvent debtor as a trustee of an express or implied trust, shall be excluded from the insolvency proceedings. (n). According to UCA News, then Senator Jose Lina Jr. had finished several bills related to adultery. Should any question arise among the co-heirs upon the obligation to bring to collation or as to the things which are subject to collation, the distribution of the estate shall not be interrupted for this reason, provided adequate security is given. In alternative legacies or devises, the choice is presumed to be left to the heir upon whom the obligation to give the legacy or devise may be imposed, or the executor or administrator of the estate if no particular heir is so obliged. ARTICLE 1176. A Republic Act is a piece of legislation used to create policy in order to carry out the principles of the Constitution. However, if the conjugal partnership property came mostly or entirely from the work or industry, or from the wages and salaries, or from the fruits of the separate property of the guilty spouse, this forfeiture shall not apply. (610), ARTICLE 714. (n). (n), ARTICLE 392. If he disappeared after the age of seventy-five years, an absence of five years shall be sufficient in order that his succession may be opened. ARTICLE 1191. However, if after the creditor has decided to require the fulfillment of the obligation, the performance thereof should become impossible without his fault, the penalty may be enforced. The fact that the common carrier has no competitor along the line or route, or a part thereof, to which the contract refers shall be taken into consideration on the question of whether or not a stipulation limiting the common carrier’s liability is reasonable, just and in consonance with public policy. The debtor may recover what during the same time he has paid by mistake in case of a suspensive condition. (1061). Family relations shall include those: (3) Among other ascendants and their descendants; ARTICLE 218. ARTICLE 2040. (n). Anything done by the agent, without knowledge of the death of the principal or of any other cause which extinguishes the agency, is valid and shall be fully effective with respect to third persons who may have contracted with him in good faith. (1768a). The usufructuary who has given security may use the capital he has collected in any manner he may deem proper. Consignation alone shall produce the same effect in the following cases: (1) When the creditor is absent or unknown, or does not appear at the place of payment; (2) When he is incapacitated to receive the payment at the time it is due; (3) When, without just cause, he refuses to give a receipt; (4) When two or more persons claim the same right to collect; (5) When the title of the obligation has been lost. The duty and the right to make arrangements for the funeral of a relative shall be in accordance with the order established for support, under article 294. Said official may also by regulations fix and collect fees for the authorization of priests and ministers to solemnize marriages. If two or more animals are sold together, whether for a lump sum or for a separate price for each of them, the redhibitory defect of one shall only give rise to its redhibition, and not that of the others; unless it should appear that the vendee would not have purchased the sound animal or animals without the defective one. (3) A partner who has caused the dissolution wrongfully shall have: (a) If the business is not continued under the provisions of the second paragraph, No. One who validly renounces an inheritance is deemed never to have possessed the same. One who sells for a lump sum the whole of certain rights, rents, or products, shall comply by answering for the legitimacy of the whole in general; but he shall not be obliged to warrant each of the various parts of which it may be composed, except in the case of eviction from the whole or the part of greater value. This liability of the common carriers does not cease upon proof that they exercised all the diligence of a good father of a family in the selection and supervision of their employees. When legal separation has been granted, the wife shall continue using her name and surname employed before the legal separation. The depositary cannot demand that the depositor prove his ownership of the thing deposited. (1095). The following shall be entered in the civil register: (6) judgments declaring marriages void from the beginning; (14) judicial determination of filiation; (15) voluntary emancipation of a minor; and, ARTICLE 409. House helpers shall not be required to work more than ten hours a day. ARTICLE 482. ARTICLE 32. (Rule 13a). ARTICLE 686. In no case shall the donee be responsible for the debts exceeding the value of the property donated, unless a contrary intention clearly appears. Misrepresentation made in good faith is not fraudulent but may constitute error. In such case, the courts may, if the public interest will thus be subserved, allow the party repudiating the contract to recover the money or property. (1398a), ARTICLE 151. In order that the common carrier may be exempted from responsibility, the natural disaster must have been the proximate and only cause of the loss. 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. But if such debts are not assigned to a co-heir, and should be collected, in whole or in part, the amount collected shall be distributed proportionately among the heirs. ARTICLE 1369. In the sale of animals with redhibitory defects, the vendee shall also enjoy the right mentioned in article 1567; but he must make use thereof within the same period which has been fixed for the exercise of the redhibitory action. (n), ARTICLE 1282. (n), ARTICLE 834. Apprentices shall be treated humanely. ARTICLE 363. ARTICLE 1556. 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. In the preceding articles, sentimental value shall be duly appreciated. The possession of movables is not deemed lost so long as they remain under the control of the possessor, even though for the time being he may not know their whereabouts. The crime of adultery … The agent may appoint a substitute if the principal has not prohibited him from doing so; but he shall be responsible for the acts of the substitute: (1) When he was not given the power to appoint one; (2) When he was given such power, but without designating the person, and the person appointed was notoriously incompetent or insolvent. (n), ARTICLE 2239. In case of disagreement, the courts shall settle the difficulty.

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