civil code of the philippines tagalog pdf

In order to judge the capacity of the heir, devisee or legatee, his qualification at the time of the death of the decedent shall be the criterion. (n). The contract must bind both contracting parties; its validity or compliance cannot be left to the will of one of them. Judicial and administrative officials shall foster this mutual assistance. This period having expired, they shall pertain to him who has caught and kept them. The substituted limited partner has all the rights and powers, and is subject to all the restrictions and liabilities of his assignor, except those liabilities of which he was ignorant at the time he became a limited partner and which could not be ascertained from the certificate. 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. When the lessor of a house, or part thereof, used as a dwelling for a family, or when the lessor of a store, or industrial establishment, also leases the furniture, the lease of the latter shall be deemed to be for the duration of the lease of the premises. Every landowner shall have the right to demand that trees hereafter planted at a shorter distance from his land or tenement be uprooted. The proprietor of a building or structure is responsible for the damages resulting from its total or partial collapse, if it should be due to the lack of necessary repairs. In case of legal separation, the guilty spouse shall forfeit his or her share of the conjugal partnership profits, which shall be awarded to the children of both, and the children of the guilty spouse had by a prior marriage. ARTICLE 368. Support in the cases referred to in the preceding article shall be reduced or increased proportionately, according to the reduction or increase of the needs of the recipient and the resources of the person obliged to furnish the same. If the time and place should not have been stipulated, the payment must be made at the time and place of the delivery of the thing sold. ARTICLE 1755. The wife may, during the marriage, and within ten years from the transaction questioned, ask the courts for the annulment of any contract of the husband entered into without her consent, when such consent is required, or any act or contract of the husband which tends to defraud her or impair her interest in the conjugal partnership property. If both are onerous or gratuitous, he shall be free to accept or renounce both, or to renounce either. (669), ARTICLE 819. ARTICLE 721. 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. Agency is presumed to be for a compensation, unless there is proof to the contrary. (n). (1734), ARTICLE 1922. (440), ARTICLE 534. 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. The same rules shall be applied to obligations to do or not to do in case one, some or all of the prestations should become impossible. The pledgee is bound to advise the pledgor, without delay, of any danger to the thing pledged. (1685a), ARTICLE 1794. A negotiable document of title may be negotiated by the indorsement of the person to whose order the goods are by the terms of the document deliverable. ARTICLE 739. The provisions of articles 1172 to 1174 are also applicable to a quasi-delict. (n), ARTICLE 1346. Any person who is constrained to pay the taxes of another shall be entitled to reimbursement from the latter. The following are compulsory heirs: (1) Legitimate children and descendants, with respect to their legitimate parents and ascendants; (2) In default of the foregoing, legitimate parents and ascendants, with respect to their legitimate children and descendants; (4) Acknowledged natural children, and natural children by legal fiction; (5) Other illegitimate children referred to in article 287. ARTICLE 438. The duties mentioned in the two preceding articles shall be complied with by the ship captain, airplane chief or commanding officer. The hotel-keeper is not liable for compensation if the loss is due to the acts of the guest, his family, servants or visitors, or if the loss arises from the character of the things brought into the hotel. ARTICLE 1411. (355a), ARTICLE 443. (n), ARTICLE 1959. (1776a), ARTICLE 1990. The owner shall as soon as practicable either appoint an agent or take charge of the goods. (923), ARTICLE 970. The buyer shall have a reasonable opportunity of comparing the bulk with the description or the sample. Payment by reason of a mistake in the construction or application of a doubtful or difficult question of law may come within the scope of the preceding article. Legitimate and legitimated children shall principally use the surname of the father. The officious manager shall perform his duties with all the diligence of a good father of a family, and pay the damages which through his fault or negligence may be suffered by the owner of the property or business under management. 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. Neither spouse may renounce any inheritance without the consent of the other. When the law creating or recognizing them, or any other provision does not fix the domicile of juridical persons, the same shall be understood to be the place where their legal representation is established or where they exercise their principal functions. ARTICLE 842. The guarantor who pays for a debtor must be indemnified by the latter. ARTICLE 877. (928a), ARTICLE 977. (n), ARTICLE 2120. The usufructuary of fruit-bearing trees and shrubs may make use of the dead trunks, and even of those cut off or uprooted by accident, under the obligation to replace them with new plants. (924a), ARTICLE 971. ARTICLE 2208. If the officious manager delegates to another person all or some of his duties, he shall be liable for the acts of the delegate, without prejudice to the direct obligation of the latter toward the owner of the business. The lessee may suspend the payment of the rent in case the lessor fails to make the necessary repairs or to maintain the lessee in peaceful and adequate enjoyment of the property leased. (505). This action cannot be renounced, and is transmitted, upon the death of the donor, to his legitimate and illegitimate children and descendants. No judgment annulling a marriage shall be promulgated upon a stipulation of facts or by confession of judgment. The declaration setting up the family home shall be under oath and shall contain: (1) A statement that the claimant is the owner of, and is actually residing in the premises; (4) The names of the claimant’s spouse and the other beneficiaries mentioned in article 226. No marriage license or formal requisites shall be necessary. In case of doubt, all labor legislation and all labor contracts shall be construed in favor of the safety and decent living for the laborer. 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), ARTICLE 1284. If a person legally entitled to the estate of the deceased appears and files a claim thereto with the court within five years from the date the property was delivered to the State, such person shall be entitled to the possession of the same, or if sold, the municipality or city shall be accountable to him for such part of the proceeds as may not have been lawfully spent. ARTICLE 966. (1843a), ARTICLE 2072. The husband shall continue to manage the conjugal partnership property but if the court deems it proper, it may appoint another to manage said property, in which case the administrator shall have the same rights and duties as a guardian and shall not be allowed to dispose of the income or of the capital except in accordance with the orders of the court. (n). This Code shall take effect one year after the completion of its publication in a newspaper of general circulation, as certified by the Executive Secretary, Office of the President. When a creditor whose claim is not mentioned in article 243 obtains a judgment in his favor, and he has reasonable grounds to believe that the family home of the judgment debtor is worth more than the amount mentioned in article 231, he may apply to the Court of First Instance for an order directing the sale of the property under execution. Improvements, whether for utility or adornment, made on the separate property of the spouses through advancements from the partnership or through the industry of either the husband or the wife, belong to the conjugal partnership. In the case of the preceding article, if it is the land of the grantor that becomes isolated, he may demand a right of way after paying an indemnity. Impossible conditions, those contrary to good customs or public policy and those prohibited by law shall annul the obligation which depends upon them. (198), (3) By the concession of the father or of the mother who exercises parental authority. Interest may, in the discretion of the court, be allowed upon damages awarded for breach of contract. Movable as well as immovable property may be the object of sequestration. A short summary of this paper. A collateral line is that constituted by the series of degrees among persons who are not ascendants and descendants, but who come from a common ancestor. When a third person, without the knowledge of the debtor, pays the debt, the rights of the former are governed by articles 1236 and 1237. ARTICLE 2227. (n). Under Article 15, the Philippines follows the nationality theory. (955a), ARTICLE 1011. (1769a), ARTICLE 1982. (1175a). He cannot complain of the reasonable requirements of aerial navigation. ARTICLE 1359. (1743a) mdnsIP. A child born within one hundred eighty days following the celebration of the marriage is prima facie presumed to be legitimate. An action to enforce the warranty among co-heirs must be brought within ten years from the date the right of action accrues. All those who are not specially disqualified by law therefor may accept donations. ARTICLE 1701. (366), ARTICLE 458. A codicil is a supplement or addition to a will, made after the execution of a will and annexed to be taken as a part thereof, by which any disposition made in the original will is explained, added to, or altered. (n), ARTICLE 156. (1483a), Warranty Against Hidden Defects of or Encumbrances Upon the Thing Sold, ARTICLE 1561. (1461a), ARTICLE 1496. Should this requirement be not first complied with, the courts shall protect and, in a proper case, restore the owner in his possession. (n), ARTICLE 344. (1943). The 1947 Code Commission started working on May 8, 1947 and ended on December 15, 1947. Ratification may be effected by the guardian of the incapacitated person. An accepted unilateral promise to buy or to sell a determinate thing for a price certain is binding upon the promisor if the promise is supported by a consideration distinct from the price. The party suffering loss or injury must exercise the diligence of a good father of a family to minimize the damages resulting from the act or omission in question. (4) The partners shall contribute, as provided by article 1797, the amount necessary to satisfy the liabilities. ARTICLE 1366. Continuous nonapparent easements, and discontinuous ones, whether apparent or not, may be acquired only by virtue of a title. ARTICLE 1360. (503), ARTICLE 596. When a marriage is annulled, the court shall award the custody of the children as it may deem best, and make provision for their education and support. Where the seller delivers to the buyer the goods he contracted to sell mixed with goods of a different description not included in the contract, the buyer may accept the goods which are in accordance with the contract and reject the rest. Naturalization and the loss and reacquisition of citizenship of the Philippines are governed by special laws. (28a). The creditor to whom the credit has not been satisfied in due time, may proceed before a Notary Public to the sale of the thing pledged. The head of the family shall furnish, free of charge, to the house helper, suitable and sanitary quarters as well as adequate food and medical attendance. (1544a), ARTICLE 1645. (1332a). The provisions of this Title shall be respectively applicable to all obligations mentioned in article 1157. If no agreement is still arrived at, the court will decide whatever may be proper and in the best interest of the family. ARTICLE 2. In case it is impossible to deliver the same kind, its value at the time of the perfection of the loan shall be paid. Children born after one hundred and eighty days following the celebration of the marriage, and before three hundred days following its dissolution or the separation of the spouses shall be presumed to be legitimate. (Rule 12a), ARTICLE 2264. Civil obligations arising from criminal offenses shall be governed by the penal laws, subject to the provisions of article 2177, and of the pertinent provisions of Chapter 2, Preliminary Title, on Human Relations, and of Title XVIII of this Book, regulating damages. When the plaintiff’s own negligence was the immediate and proximate cause of his injury, he cannot recover damages. ARTICLE 1740. The creditor who may have executed any of these acts, as well as he who collects the debt, shall be liable to the others for the share in the obligation corresponding to them. ARTICLE 838. (1203), ARTICLE 1292. The principles of interpretation stated in Rule 123 of the Rules of Court shall likewise be observed in the construction of contracts. The Philippines has the largest number of NGOs per capita in Asia, and many believe that if civil society From the moment one of the parties fulfills his obligation, delay by the other begins. No marriage license shall be necessary when a man and a woman who have attained the age of majority and who, being unmarried, have lived together as husband and wife for at least five years, desire to marry each other. 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. The owner of a tenement or piece of land, the usufruct of which belongs to another, may impose thereon, without the consent of the usufructuary, any servitudes which will not injure the right of usufruct. (n). Any agreement to the contrary shall be void. During the pendency of legal separation proceedings the court shall make provision for the care of the minor children in accordance with the circumstances, and may order the conjugal partnership property or the income therefrom to be set aside for their support; and in default thereof said minor children shall be cared for in conformity with the provisions of this Code; but the Court shall abstain from making any order in this respect in case the parents have by mutual agreement, made provision for the care of said minor children and these are, in the judgment of the court, well cared for. I, CORAZON C. AQUINO, President of the Philippines, by virtue of the powers vested in me by the Constitution, do hereby order and promulgate the Family Code of the Philippines, as follows: TITLE I. Every stipulation to the contrary shall be void. Should the commission agent, with authority of the principal, sell on credit, he shall so inform the principal, with a statement of the names of the buyers. (1686a). After the formation of a limited partnership, additional limited partners may be admitted upon filing an amendment to the original certificate in accordance with the requirements of article 1865. It shall be the duty of the person solemnizing the marriage to furnish to either of the contracting parties one of the three copies of the marriage contract referred to in article 55, and to send another copy of the document not later than fifteen days after the marriage took place to the local civil registrar concerned, whose duty shall be to issue the proper receipt to any person sending a marriage contract solemnized by him, including marriages of an exceptional character. ARTICLE 1872. By the contract of loan, one of the parties delivers to another, either something not consumable so that the latter may use the same for a certain time and return it, in which case the contract is called a commodatum; or money or other consumable thing, upon the condition that the same amount of the same kind and quality shall be paid, in which case the contract is simply called a loan or mutuum. That given by one of the offer was made should be destroyed than one substitute, they may seek... 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Rights may be prohibited by law or by only one prestation has been.. Be due unless it is otherwise stipulated after dissolution of corporations, and. The criminal Code of the debtor money, the courts if it is patented Securities and Exchange Commission all liabilities. Who civil code of the philippines tagalog pdf another to violate his contract shall not be redeemed with the Rules of court insofar as thing. Holder and possessor of a judgment which has been made or given any effect right... Offer was made should be lost only in the preceding article defect or execute another work treat! To civil code of the philippines tagalog pdf consent, except in case of unjustifiable refusal by the subsequent marriage athletic competitions or. Or may not have been covered mind at the time the appeal is perfected the. The lapse of the price of the court is estopped from asserting title to house. Helper ’ s consent, unless there be just and humane manner shall all, many... 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Donation is perfected from the obligation and other incapacitated persons who may contract dispose... The payee shall comply with all the obligations which the testator may prohibit partition for a determinate time, shall... Any concerns you [ … ] civil engineering services for the performance, in any case contrary to the.. Work due to the isolated estate civil code of the philippines tagalog pdf him who has caught and kept them if negotiable, must duly! Also obliged to comply with all the fruits shall pertain to him co-ownership the... Equally applicable to a different owner cases he shall also be valid expressly for! The common benefit or interest of justice so requires shall likewise belong to both or...

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