The partner who has been appointed manager in the articles of partnership may execute all acts of administration despite the opposition of his partners, unless he should act in bad faith; and his power is irrevocable without just or lawful cause. 1141. (435a), Art. If the bequest should not be of a specific and determinate thing, but is generic or of quantity, its fruits and interests from the time of the death of the testator shall pertain to the legatee or devisee if the testator has expressly so ordered. 282. Until such announcement is made, any bidder may retract his bid; and the auctioneer may withdraw the goods from the sale unless the auction has been announced to be without reserve. (1570). (1180), Art. Art. The share of the spouse who is under civil interdiction or absent shall be administered in accordance with the Rules of Court. 141. (1904), Art. Should the commission agent receive on a sale, in addition to the ordinary commission, another called a guarantee commission, he shall bear the risk of collection and shall pay the principal the proceeds of the sale on the same terms agreed upon with the purchaser. In commodatum the bailor retains the ownership of the thing loaned, while in simple loan, ownership passes to the borrower. (133a). Art. Art. 2050. Repairs for preservation may be made at the will of one of the co-owners, but he must, if practicable, first notify his co-owners of the necessity for such repairs. If the duration of the household service is not determined either by stipulation or by the nature of the service, the head of the family or the house helper may give notice to put an end to the service relation, according to the following rules: (2) If the compensation is paid by the week, notice may be given, at the latest on the first business day of the week, that the service shall be terminated at the end of the seventh day from the beginning of the week; (3) If the compensation is paid by the month, notice may be given, at the latest, on the fifth day of the month, that the service shall cease at the end of the month. The vendor may bring his action against every possessor whose right is derived from the vendee, even if in the second contract no mention should have been made of the right to repurchase, without prejudice to the provisions of the Mortgage Law and the Land Registration Law with respect to third persons. (1953), Art. 1; (10) Taxes and assessments due any province, other than those referred to in Articles 2241, No. 2023. 2081. If the court finds that the petitioner has a right to have the writing executed by a person who refuses to do so, it shall order the Office of the Securities and Exchange Commission where the certificate is recorded, to record the cancellation or amendment of the certificate; and when the certificate is to be amended, the court shall also cause to be filed for record in said office a certified copy of its decree setting forth the amendment. The right of choice belongs to the debtor, unless it has been expressly granted to the creditor. (1384a). 647. Art. 665. (1736a), Art. (n). (n), Art. Any stipulation to the contrary shall be void. The usufructuary who has not given security shall invest the said capital at interest upon agreement with the owner; in default of such agreement, with judicial authorization; and, in every case, with security sufficient to preserve the integrity of the capital in usufruct. (841a), Art. The obligation of warranty among co-heirs shall cease in the following cases: (2) When it has been so expressly stipulated in the agreement of partition, unless there has been bad faith; (3) When the eviction is due to a cause subsequent to the partition, or has been caused by the fault of the distributee of the property. A partner is discharged from any existing liability upon dissolution of the partnership by an agreement to that effect between himself, the partnership creditor and the person or partnership continuing the business; and such agreement may be inferred from the course of dealing between the creditor having knowledge of the dissolution and the person or partnership continuing the business. Reference: Anonymous, the revised penal code of the philippines tagalog, Last Update: 2018-04-13 (1271a), Art. 1733. 945. 2130. A universal partnership of profits comprises all that the partners may acquire by their industry or work during the existence of the partnership. (3), Art. Art. Nor does solidarity of itself imply indivisibility. Laws shall take effect after fifteen days following the completion of their publication in the Official Gazette, unless it is otherwise provided. (n). The incapacity declared in Article 1327 is subject to the modifications determined by law, and is understood to be without prejudice to special disqualifications established in the laws. If the potestative condition imposed upon the heir is negative, or consists in not doing or not giving something, he shall comply by giving a security that he will not do or give that which has been prohibited by the testator, and that in case of contravention he will return whatever he may have received, together with its fruits and interests. (1681a), Art. Art. The exhibition of baptismal or birth certificates shall not be required if the parents of the contracting parties appear personally before the local civil registrar concerned and swear to the correctness of the lawful age of said parties, as stated in the application, or when the local civil registrar shall, by merely looking at the applicants upon their personally appearing before him, be convinced that either or both of them have the required age. Art. (1734), Art. 1127. 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. 1175. Art. 1611. (1815), Art. 2108. (1037). (n), Art. Judicial decisions applying or interpreting the laws or the Constitution shall form a part of the legal system of the Philippines. 1456. Art. Payment made by a third person who does not intend to be reimbursed by the debtor is deemed to be a donation, which requires the debtor's consent. Art. Civil Code of the Philippines: Republic Act no. 1036. Upon the death of the person who has extrajudicially constituted the family home, the property shall not be liable for his debts other than those mentioned in Article 243. 810. 1483. (n), Art. Doctrine that protects persons from claims alleging defamation where the alleged defamatory statements were made by members of legislative assemblies while on the floor of the assembly or communications made in the context of judicial proceedings, as part of a trial.. Doctrine of absorption of common crimes. There is no warranty against hidden defects of animals sold at fairs or at public auctions, or of live stock sold as condemned. Should the co-ownership cease by reason of the division of the thing held in common, the usufruct of the part allotted to the co-owner shall belong to the usufructuary. Legitimation shall take place by the subsequent marriage between the parents. 1248. (1209a), Art. 1363. The time for prescription for all kinds of actions, when there is no special provision which ordains otherwise, shall be counted from the day they may be brought. (n), Art. Quality: (n), Art. (1714a), Art. (822), Art. 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. (494). 1669. (1688a). An assignee shall have the right to become a substituted limited partner if all the members consent thereto or if the assignor, being thereunto empowered by the certificate, gives the assignee that right. 708. (c) Those owing to partners in respect of capital. (1305). (877a). 878. 1201. Art. A solidary debtor may, in actions filed by the creditor, avail himself of all defenses which are derived from the nature of the obligation and of those which are personal to him, or pertain to his own share. Art. Any stipulation against the liability laid down in the preceding article shall be void, except as among the partners. (880a), Art. (354a), Art. Art. The owners of adjoining lands shall also have the right of redemption when a piece of rural land, the area of which does not exceed one hectare, is alienated, unless the grantee does not own any rural land. When there are two or more bailees to whom a thing is loaned in the same contract, they are liable solidarily. 23. (1189), Art. (633). 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. 1541. (762a), Art. Each one of the participants of a thing possessed in common shall be deemed to have exclusively possessed the part which may be allotted to him upon the division thereof, for the entire period during which the co-possession lasted. If only one legitimate child or descendant of the deceased survives, the widow or widower shall be entitled to one-fourth of the hereditary estate. Payment shall be made in the place designated in the obligation. The usage or custom of the place shall be borne in mind in the interpretation of the ambiguities of a contract, and shall fill the omission of stipulations which are ordinarily established. 13. Art. If during the lease it should become necessary to make some urgent repairs upon the thing leased, which cannot be deferred until the termination of the lease, the lessee is obliged to tolerate the work, although it may be very annoying to him, and although during the same, he may be deprived of a part of the premises. (614). 770. Art. 1610. (1689a). (344a), Art. No vested or acquired right can arise from acts or omissions which are against the law or which infringe upon the rights of others. This term may be extended by a new agreement. The recognition made in favor of a child who does not possess all the conditions stated in Article 269, or in which the requirements of the law have not been fulfilled, may be impugned by those who are prejudiced by such recognition. (n), Art. (1312), Art. 558. 2158. Whenever a part of the thing belongs exclusively to one of the co-owners, and the remainder is owned in common, the preceding provision shall apply only to the part owned in common. (11a), Art. 1340. Art. (1754a), Art. The loser may recover what he has paid. Mistake as to the identity or qualifications of one of the parties will vitiate consent only when such identity or qualifications have been the principal cause of the contract. Reference: Anonymous, Last Update: 2017-02-07 PRELIMINARY TITLE. 1150. In case of mistake or fraud, from the time of the discovery of the same. (n). Art. Every landowner shall have the right to demand that trees hereafter planted at a shorter distance from his land or tenement be uprooted. But the consent given by one of the co-owners separately from the others shall bind the grantor and his successors not to prevent the exercise of the right granted. If the obligation has been substantially performed in good faith, the obligor may recover as though there had been a strict and complete fulfillment, less damages suffered by the obligee. The provisions of this article shall not be applicable, unless the payment has been made by virtue of a judicial demand or unless the principal debtor is insolvent. (10) The members desire to make a change in any other statement in the certificate in order that it shall accurately represent the agreement among them. (1048). Art. (1080a). (626a), Art. Such benefit to the creditor need not be proved in the following cases: (2) If the creditor ratifies the payment to the third person; (3) If by the creditor's conduct, the debtor has been led to believe that the third person had authority to receive the payment. 2. (30a). (174a), Art. Except in cases stated in Article 1673, the lessee shall have a right to make use of the periods established in Articles 1682 and 1687. Donations made to incapacitated persons shall be void, though simulated under the guise of another contract or through a person who is interposed. When the manner of management has not been agreed upon, the following rules shall be observed: (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. The lessee cannot assign the lease without the consent of the lessor, unless there is a stipulation to the contrary. 1415. 1151. Art. 762. 1667. (567a), Art. (496), Art. Art. 208. 1829. Art. 1336. 1080. Art. The principles of the general law on the reformation of instruments are hereby adopted insofar as they are not in conflict with the provisions of this Code. 228. 1814. (1862), Art. (948), Art. (1038), Art. Art. The usufructuary who has given security may use the capital he has collected in any manner he may deem proper. 1446. 20. The decision or attachment need not refer to the property alienated, and need not have been obtained by the party seeking the rescission. If two or more persons have appointed an agent for a common transaction or undertaking, they shall be solidarily liable to the agent for all the consequences of the agency. 1994. "Quality of goods" includes their state or condition. (n), Art. If the contractor agrees to produce the work from material furnished by him, he shall deliver the thing produced to the employer and transfer dominion over the thing. Any one of the co-owners may bring an action in ejectment. If the sale is fictitious, for the purpose of extinguishing the lease, the supposed vendee cannot make use of the right granted in the first paragraph of this article. In setting accounts after dissolution the liabilities of the partnership shall be entitled to payment in the following order: (2) Those to limited partners in respect to their share of the profits and other compensation by way of income on their contributions; (3) Those to limited partners in respect to the capital of their contributions; (4) Those to general partners other than for capital and profits; (5) Those to general partners in respect to profits; (6) Those to general partners in respect to capital. (764). 696. The books making up the civil register and all documents relating thereto shall be considered public documents and shall be prima facie evidence of the facts therein contained. Waiver of the gains or of the effects of this partnership during marriage cannot be made except in case of judicial separation. 89. 1149. 110. 1244. (n). When the property cannot be returned, it shall be estimated at what it was worth at the time of the donation. 201. (n), Art. 1365. Should there be an agreement, the period cannot exceed ten years. 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. A marriage may be annulled for any of the following causes, existing at the time of the marriage: (2) In a subsequent marriage under Article 83, Number 2, that the former husband or wife believed to be dead was in fact living and the marriage with such former husband or wife was then in force; (3) That either party was of unsound mind, unless such party, after coming to reason, freely cohabited with the other as husband or wife; (4) That the consent of either party was obtained by fraud, unless such party afterwards, with full knowledge of the facts constituting the fraud, freely cohabited with the other as her husband or his wife, as the case may be; (5) That the consent of either party was obtained by force or intimidation, unless the violence or threat having disappeared, such party afterwards freely cohabited with the other as her husband or his wife, as the case may be; (6) That either party was, at the time of marriage, physically incapable of entering into the married state, and such incapacity continues, and appears to be incurable. But if a right should be declared for the first time in this Code, it shall be effective at once, even though the act or event which gives rise thereto may have been done or may have occurred under prior legislation, provided said new right does not prejudice or impair any vested or acquired right, of the same origin. 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. For the purposes of prescription, there is just title when the adverse claimant came into possession of the property through one of the modes recognized by law for the acquisition of ownership or other real rights, but the grantor was not the owner or could not transmit any right. 508. The owner of the land on which anything has been built, planted or sown in bad faith may demand the demolition of the work, or that the planting or sowing be removed, in order to replace things in their former condition at the expense of the person who built, planted or sowed; or he may compel the builder or planter to pay the price of the land, and the sower the proper rent. (2) That which is obtained by the industry, or work, or as salary of the spouses, or of either of them; (3) The fruits, rents or interests received or due during the marriage, coming from the common property or from the exclusive property of each spouse. (n), Art. Art. 4, to the extent of the amount which he has paid in excess of his share of the liability. (n), Art. 1092. (n). (n), Art. (n), Art. 2141. 1722. (n), Art. 569. (2) Money or other property wrongfully paid or conveyed to him on account of his contribution. Doctrine that protects persons from claims alleging defamation where the alleged defamatory statements were made by members of legislative assemblies while on the floor of the assembly or communications made in the context of judicial proceedings, as part of a trial.. Doctrine of absorption of common crimes. A mere expression of an opinion does not signify fraud, unless made by an expert and the other party has relied on the former's special knowledge. 552. (n), Art. The father and, in case of his death or incapacity, the mother, are responsible for the damages caused by the minor children who live in their company. If the extraordinary expenses arise on the occasion of the actual use of the thing by the bailee, even though he acted without fault, they shall be borne equally by both the bailor and the bailee, unless there is a stipulation to the contrary. In the second case, by giving the legatee an acquittance, should he request one. A generic legacy of release or remission of debts comprises those existing at the time of the execution of the will, but not subsequent ones. 1297. In case of daily rent, the courts may also fix a longer period after the lessee has stayed in the place for over one month. In the sale of immovable property, even though it may have been stipulated that upon failure to pay the price at the time agreed upon the rescission of the contract shall of right take place, the vendee may pay, even after the expiration of the period, as long as no demand for rescission of the contract has been made upon him either judicially or by a notarial act. 2189. The father or mother of illegitimate children of the three classes mentioned, shall inherit from them in the manner and to the extent established by this Code. (n), Art. Nor shall the persons solemnizing these marriages be obliged to comply with Article 92. (443), Art. 1074. New Civil Code. 957. 495. 1905. In case of death of or injuries to passengers, common carriers are presumed to have been at fault or to have acted negligently, unless they prove that they observed extraordinary diligence as prescribed in Articles 1733 and 1755. Art. (933), Art. Usage Frequency: 1 An implied trust may be proved by oral evidence. 1926. Without prejudice to this right, the private creditors of each partner may ask the attachment and public sale of the share of the latter in the partnership assets. (1001), Art. 1416. All the creditors of the husband and of the wife, as well as of the conjugal partnership shall be notified of any petition for judicial approval or the voluntary dissolution of the conjugal partnership, so that any such creditors may appear at the hearing to safeguard his interests. The expenses incurred in improvements for pure luxury or mere pleasure shall not be refunded to the possessor in bad faith, but he may remove the objects for which such expenses have been incurred, provided that the thing suffers no injury thereby, and that the lawful possessor does not prefer to retain them by paying the value they may have at the time he enters into possession. The principles upon which the preceding transitional provisions are based shall, by analogy, be applied to cases not specifically regulated by them. 2181. (761a), Art. 1212. 1312. We're part of Translated, so if you ever need professional translation services, then go checkout our main site, Usage Frequency: 1, code of the philippines in tagalog version, Usage Frequency: 2, Usage Frequency: 3, Usage Frequency: 5. 1801. (434), Art. A general guardian or a guardian over the person shall have the same authority over the ward's person as the parents. Art. 928. (3) If the devise or legacy consists of a usufruct or life annuity, whose value may be considered greater than that of the disposable portion, the compulsory heirs may choose between complying with the testamentary provision and delivering to the devisee or legatee the part of the inheritance of which the testator could freely dispose. 2261. Should the wife commit adultery at or about the time of the conception of the child, but there was no physical impossibility of access between her and her husband as set forth in Article 255, the child is prima facie presumed to be illegitimate if it appears highly improbable, for ethnic reasons, that the child is that of the husband. Any other charge, perpetual or temporary, with which the thing bequeathed is burdened, passes with it to the legatee or devisee. 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. A testamentary disposition may be made to the State, provinces, municipal corporations, private corporations, organizations, or associations for religious, scientific, cultural, educational, or charitable purposes. 1, and 2242, No. Partition shall be governed by the Rules of Court insofar as they are consistent with this Code. (479), Art. Art. (640a). 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. 1470. (179a), Art. (489), Art. 1296. Art. 987. 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. 2190. 434. Should there be several dominant estates, the owners of all of them shall be obliged to contribute to the expenses referred to in the preceding article, in proportion to the benefits which each may derive from the work. If the depositary has reasonable grounds to believe that the thing has not been lawfully acquired by the depositor, the former may return the same. Art. 535. 1064. (945a), Art. The civil action herein recognized shall be independent of any criminal proceedings, and a preponderance of evidence shall suffice to support such action. Art. The rights and obligations of the finder of lost personal property shall be governed by Articles 719 and 720. (n), Art. However, when the preservation of the thing deposited requires its use, it must be used but only for that purpose. 900. Where there is an available market for the goods in question, the measure of damages is, in the absence of special circumstances showing proximate damage of a different amount, the difference between the contract price and the market or current price at the time or times when the goods ought to have been accepted, or, if no time was fixed for acceptance, then at the time of the refusal to accept. 938. (1152a), Art. Doctrine of absolute privilege. 1973. 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. A married woman may dispose by will of all her separate property as well as her share of the conjugal partnership or absolute community property. Possession under claim of ownership this is a juridical necessity to give an acquittance for his,... An attempt by one of the child is transmitted upon their death to their natural,... 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