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. (n). (n), Article 1111. If the donations are onerous, the amount of the charges shall be deducted from the paraphernal property or from the husband's capital, whenever they have been borne by the conjugal partnership. If the debtor accepts from the creditor a receipt in which an application of the payment is made, the former cannot complain of the same, unless there is a cause for invalidating the contract. If the thing bequeathed belonged to the legatee or devisee at the time of the execution of the will, the legacy or devise shall be without effect, even though it may have subsequently alienated by him. (153a). (n), Article 102. In case of annulment of marriage, and the wife is the guilty party, she shall resume her maiden name and surname. The representative does not succeed the person represented but the one whom the person represented would have succeeded. When the property of the child is worth more than two thousand pesos, the father or mother shall be considered a guardian of the child's property, subject to the duties and obligations of guardians under the Rules of Court. Illegal or impossible conditions in simple and remuneratory donations shall be considered as not imposed. Article 1918. (1166a), Article 1245. Every lease of real estate may be recorded in the Registry of Property. (575), Article 663. (465), Article 561. An express acceptance must be made in a public or private document. Article 607. All other matters pertaining to the registration of civil status shall be governed by special laws. 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. If the servient estate is divided between two or more persons, the easement is not modified, and each of them must bear it on the part which corresponds to him. Natural and industrial fruits are considered received from the time they are gathered or severed. Article 2174. (841a), Article 897. Article 1797. The local civil registrar shall post during ten consecutive days at the main door of the building where he has his office a notice, the location of which shall not be changed once it has been placed, setting forth the full names and domiciles of the applicants for a marriage license and other information given in the application. The indivisibility of a pledge or mortgage is not affected by the fact that the debtors are not solidarily liable. Article 1762. (786), Article 869. (Rule 1), Article 2254. Unless there is a stipulation to the contrary, the depositary cannot deposit the thing with a third person. 2 (b). She may borrow money for this purpose, if the husband fails to deliver the proper sum. (631). The duties mentioned in the two preceding articles shall be complied with by the ship captain, airplane chief or commanding officer. (1164), Article 1243. (1926a). (n). The provisions of this Code concerning the effect of partition stated in articles 498 to 501 shall be applicable. If the debts due are of the same nature and burden, the payment shall be applied to all of them proportionately. Acts executed against the provisions of mandatory or prohibitory laws shall be void, except when the law itself authorizes their validity. (314), Article 398. (n), Article 1879. (n), Article 49. In order that the guarantor may make use of the benefit of exclusion, he must set it up against the creditor upon the latter's demand for payment from him, and point out to the creditor available property of the debtor within Philippine territory, sufficient to cover the amount of the debt. However, he can only make use of the right to recover the thing which he has delivered while the same remains in the possession of the other party, and without prejudice to the rights acquired in good faith in the meantime by a third person. Article 1839. (413a), Article 525. (1929a). As for the profits, the industrial partner shall receive such share as may be just and equitable under the circumstances. TITLE IV FAMILY CODE OF THE PHILIPPINES – We are going to know and learn about Title IV of the Family Code of the Philippines. Natural fruits are the spontaneous products of the soil, and the young and other products of animals. (358), Article 446. The common carrier's responsibility prescribed in the preceding article cannot be eliminated or limited by stipulation, by the posting of notices, by statements on the tickets or otherwise. (569a). Article 1526. (481), Article 574. (1854a), Article 2083. Neither does prescription run between parents and children, during the minority or insanity of the latter, and between guardian and ward during the continuance of the guardianship. The interest charged may be redeemed at any time before foreclosure, or in case of a sale being directed by the court, may be purchased without thereby causing a dissolution: (1) With separate property, by any one or more of the partners; or. Article 805. (1145a), Article 1218. An action to enforce the warranty among heirs must be brought within ten years from the date the right of action accrues. (n), Article 77. An accepted promise to deliver something by way of commodatum or simple loan is binding upon parties, but the commodatum or simple loan itself shall not be perfected until the delivery of the object of the contract. When the testator dies leaving illegitimate children and no other compulsory heirs, such illegitimate children shall have a right to one-half of the hereditary estate of the deceased. If a person in representation of another sells or alienates a thing, the former cannot subsequently set up his own title as against the buyer or grantee. In the cases referred to in articles 1602 and 1604, the apparent vendor may ask for the reformation of the instrument. (1833a), Article 2062. The donor shall also be liable for eviction or hidden defects in case of bad faith on his part. (1328a), Article 128. 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. 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. A simple mistake of account shall give rise to its correction. Article 21. The true owner must resort to judicial process for the recovery of the property. The wife to whom the administration of all the property of the marriage is transferred shall have, with respect to said property, the same powers and responsibility which the husband has when he is the administrator, but always subject to the provisions of the last paragraph of the preceding article. Article 1429. Article 220. Article 1030. Estoppel is effective only as between the parties thereto or their successors in interest. 9 of this article, in the order named. (149a), Article 300. In case of non-appearance of the defendant, the court shall order the prosecuting attorney to inquire whether or not a collusion between the parties exists. (1a) Article 3. (n). (1857), Article 2086. 1, Civil Code). The former unites the head of the family with those who descend from him. If the owner should appear in time, he shall be obliged to pay, as a reward to the finder, one-tenth of the sum or of the price of the thing found. (124), Article 275. When a will is declared void because it has not been executed in accordance with the formalities required by law, but one of the intestate heirs, after the settlement of the debts of the deceased, pays a legacy in compliance with a clause in the defective will, the payment is effective and irrevocable. Article 78. (1487a). Payment made to a third person shall also be valid insofar as it has redounded to the benefit of the creditor. If there are two or more credits with respect to the same specific real property or real rights, they shall be satisfied pro rata, after the payment of the taxes and assessments upon the immovable property or real right. (n), Article 432. 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. Exemplary damages may also be adjudicated. (1559a). (367), Article 459. 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. (1111), Article 1178. (n), Article 1110. (n), SECTION 3Rights and Obligations of the Owners of the Dominant and Servient Estates. Article 469. Article 268. A general renunciation of rights is understood to refer only to those that are connected with the dispute which was the subject of the compromise. A testator may charge with legacies and devises not only his compulsory heirs but also the legatees and devisees. After the filing of the petition for legal separation, the spouses shall be entitled to live separately from each other and manage their respective property. (3) When demand would be useless, as when the obligor has rendered it beyond his power to perform. Article 962. Marriage licenses shall be issued free of charge to indigent parties, when both male and female do not each own assessed real property in excess of five hundred pesos, a fact certified to, without cost, by the provincial treasurer, or in the absence thereof, by a statement duly sworn to by the contracting parties before the local civil registrar. (1724a), Article 1897. (1269), Article 1339. (n), Article 344. Subject to the laws, all rights acquired in virtue of an obligation are transmissible, if there has been no stipulation to the contrary. The public official in charge of registration of priests and ministers, with the approval of the proper head of Department, is hereby authorized to prepare the necessary forms and to promulgate regulations for the purpose of enforcing the provisions of this Title. The following things are deemed to be personal property: (1) Those movables susceptible of appropriation which are not included in the preceding article; (2) Real property which by any special provision of law is considered as personalty; (3) Forces of nature which are brought under control by science; and, (4) In general, all things which can be transported from place to place without impairment of the real property to which they are fixed. Unless there is a stipulation to the contrary, the pledge shall extend to the interest and earnings of the right pledged. Article 1696. The husband or the wife may dispose by will of his or her half of the conjugal partnership profits. Article 133. 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. (473). In this case, the action must be commenced within four years from the finding of the document. Children born outside wedlock of parents who, at the time of the conception of the former, were not disqualified by any impediment to marry each other, are natural. If the estate should not be sufficient to cover all the legacies or devises, their payment shall be made in the following order: (2) Legacies or devises declared by the testator to be preferential; (5) Legacies or devises of a specific, determinate thing which forms a part of the estate; Article 951. (1399a), Article 152. However, if the withholding of the consent by one or more of the co-owners is clearly prejudicial to the common interest, the courts may afford adequate relief. (1142a). (1297a). Article 351. In the case of the preceding article, the co-guarantors may set up against the one who paid, the same defenses which would have pertained to the principal debtor against the creditor, and which are not purely personal to the debtor. Majority commences upon the attainment of the age of twenty-one years. A limited partnership formed under the law prior to the effectivity of this Code, until or unless it becomes a limited partnership under this Chapter, shall continue to be governed by the provisions of the old law. (1734), Article 1922. Article 55. Neither can it be compensated with what the recipient owes the obligor. In the cases mentioned in Nos. If through the negligence or wilful act of the pledgee, the thing pledged is in danger of being lost or impaired, the pledgor may require that it be deposited with a third person. The testator shall designate the heir by his name and surname, and when there are two persons having the same names, he shall indicate some circumstance by which the instituted heir may be known. (n), SUBSECTION 1. Article 1086. (n). Legitimate children shall have the right: (1) To bear the surnames of the father and of the mother; (2) To receive support from them, from their ascendants and in a proper case, from their brothers and sisters, in conformity with article 291; (3) To the legitime and other successional rights which this Code recognizes in their favor. An assignee becomes a substituted limited partner when the certificate is appropriately amended in accordance with article 1865. Illegitimate children referred to in article 287 shall bear the surname of the mother. (1411a), SECTION 5Administration of the Conjugal Partnership, Article 165. The family home is the dwelling house where a person and his family reside, and the land on which it is situated. ARTICLE 1946. Article 203. (1868a). A disposition with a suspensive term does not prevent the instituted heir from acquiring his rights and transmitting them to his heirs even before the arrival of the term. With respect to animals, it is sufficient that they are in the womb of the mother, although unborn. (1425a), Article 185. 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. (n), Article 2238. All works, sowing, and planting are presumed made by the owner and at his expense, unless the contrary is proved. The following are of private ownership: (1) Continuous or intermittent waters rising on lands of private ownership, while running through the same; (2) Lakes and lagoons, and their beds, formed by Nature on such lands; (3) Subterranean waters found on the same; (4) Rain waters falling on said lands, as long as they remain within the boundaries; (5) The beds of flowing waters, continuous or intermittent, formed by rain water, and those of brooks, crossing lands which are not of public dominion. Usufruct gives a right to enjoy the property of another with the obligation of preserving its form and substance, unless the title constituting it or the law otherwise provides. Nominal damages are adjudicated in order that a right of the plaintiff, which has been violated or invaded by the defendant, may be vindicated or recognized, and not for the purpose of indemnifying the plaintiff for any loss suffered by him. 142. (n), Article 337. In the absence of an express declaration in the marriage settlements, the separation of property between spouses during the marriage shall not take place save in virtue of a judicial order. Article 1623. Article 1198. The legacy to the debtor of the thing pledged by him is understood to discharge only the right of pledge. 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 366. Article 2152. Article 1786. (n), Article 1931. But the revocation or modification of these acts and contracts after the beginning of the effectivity of this Code, shall be subject to the provisions of this new body of laws. (1481a), Article 1559. Article 205. In the case referred to in the first paragraph of the preceding article, the donor shall have a right to demand from the donee the value of property alienated which he cannot recover from third persons, or the sum for which the same has been mortgaged. If there are several relatives of the same degree, and one or some of them are unwilling or incapacitated to succeed, his portion shall accrue to the others of the same degree, save the right of representation when it should take place. Every disposition in favor of an unknown person shall be void, unless by some event or circumstance his identity becomes certain. Article 613. On who succeeds by hereditary title shall not suffer the consequences of the wrongful possession of the decedent, if it is not shown that he was aware of the flaws affecting it; but the effects of possession in good faith shall not benefit him except from the date of death of the decedent. The title and, in a proper case, the possession of an easement acquired by prescription shall determine the rights of the dominant estate and the obligations of the servient estate. In the meantime, the action derived from the original obligation shall be held in the abeyance. Article 369. All contracts by virtue of which the debtor alienates property by gratuitous title are presumed to have been entered into in fraud of creditors, when the donor did not reserve sufficient property to pay all debts contracted before the donation. Obligations derived from quasi-contracts shall be subject to the provisions of Chapter 1, Title XVII, of this Book. 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. (2) Prior to the time when the limited partner became such, the business has been carried on under a name in which his surname appeared. 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. Indemnities that must be paid by either spouse on account of a crime or of a quasi-delict shall be paid from the common assets, without any obligation to make reimbursement. This declaration shall be set forth in an instrument in triplicate, signed by signature or mark by the contracting parties and said two witnesses and attested by the person solemnizing the marriage. The legacy or devise of a thing which at the time of the execution of the will already belonged to the legatee or devisee shall be ineffective, even though another person may have some interest therein. Article 889. (n), Article 1875. (864a), Article 930. If one, at the request of another, becomes a guarantor for the debt of a third person who is not present, the guarantor who satisfies the debt may sue either the person so requesting or the debtor for reimbursement. The guarantor may set up against the creditor all the defenses which pertain to the principal debtor and are inherent in the debt; but not those that are personal to the debtor. (614a), Article 758. Common carriers, from the nature of their business and for reasons of public policy, are bound to observe extraordinary diligence in the vigilance over the goods and for the safety of the passengers transported by them, according to all the circumstances of each case. Ownership and other real rights over immovable property are acquired by ordinary prescription through possession of ten years. If a document of title which contains an undertaking by a carrier, warehouseman or other bailee to deliver the goods to bearer, to a specified person or order of a specified person or which contains words of like import, has placed upon it the words "not negotiable," "non-negotiable" or the like, such document may nevertheless be negotiated by the holder and is a negotiable document of title within the meaning of this Title. A donation by reason of marriage is not revocable, save in the following cases: (1) If it is conditional and the condition is not complied with; (3) When the marriage takes place without the consent of the parents or guardian, as required by law; (4) When the marriage is annulled, and the donee acted in bad faith; (5) Upon legal separation, the donee being the guilty spouse; (6) When the donee has committed an act of ingratitude as specified by the provisions of this Code on donations in general. The father and the mother shall satisfy the support for the detained child; but they shall not have any intervention in the regime of the institution where the child is detained. (n), Article 1994. The risk of specific and determinate things, which are not fungible, contributed to the partnership so that only their use and fruits may be for the common benefit, shall be borne by the partner who owns them. Article 1617. Article 1589. Ratification cleanses the contract from all its defects from the moment it was constituted. The Supreme Court explained: “A house is classified as immovable property by reason of its adherence to the soil on which it is built (Art. (197), Article 396. A legacy for support lasts during the lifetime of the legatee, if the testator has not otherwise provided. 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. For the exercise of civil rights and the fulfillment of civil obligations, the domicile of natural persons is the place of their habitual residence. Article 1490. (1452a). (388), Article 431. (128a), Article 276. The teacher or professor shall cultivate the best potentialities of the heart and mind of the pupil or student. (1118), Article 1186. Separation of property may refer to present or future property or both. (4a), Article 6. In every inheritance, the relative nearest in degree excludes the more distant ones, saving the right of representation when it properly takes place. Marriages between Filipino citizens abroad may be solemnized by consuls and vice-consuls of the Republic of the Philippines. The original of the affidavit required in the last preceding article, together with a copy of the marriage contract, shall be sent by the person solemnizing the marriage to the local civil registrar of the municipality where it was performed within the period of thirty days, after the performance of the marriage. Article 1455. If the contract is onerous, the doubt shall be settled in favor of the greatest reciprocity of interests. The civil action herein recognized shall be independent of any criminal proceedings, and a preponderance of evidence shall suffice to sup port such action. If the lessor fails to make urgent repairs, the lessee, in order to avoid an imminent danger, may order the repairs at the lessor's cost. Article 232. (n), Article 808. (1533). Where goods are shipped, and by the bill of lading the goods are deliverable to order of the buyer or of his agent, but possession of the bill of lading is retained by the seller or his agent, the seller thereby reserves a right to the possession of the goods as against the buyer. The creditor cannot appropriate the things given by way of pledge or mortgage, or dispose of them. He who by chance discovers hidden treasure in another's property shall have the right granted him in article 438 of this Code. Every owner may increase the height of the party wall, doing so at his own expense and paying for any damage which may be caused by the work, even though such damage be temporary. (871). The relations between teacher and pupil, professor and student, are fixed by government regulations and those of each school or institution. 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. The usufructuary may set off the improvements he may have made on the property against any damage to the same. He shall, moreover, have a better right if he should offer the same terms as the highest bidder. These easements may be modified by agreement of the interested parties, whenever the law does not prohibit it or no injury is suffered by a third person. (n), Article 98. (n), SECTION 6Dissolution of the Conjugal Partnership. (999a). (1531), Article 1631. He may demand the sale of only as many of the things as are necessary for the payment of the debt. The spouse, descendants, ascendants, and brothers and sisters may bring the action mentioned in No. Article 227. (n). For this purpose, the government will establish, whenever possible: (1) Schools in every barrio, municipality and city where optional religious instruction shall be taught as part of the curriculum at the option of the parent or guardian; (3) Councils for the Protection of Children; and. (492a), Article 585. (n). Should brothers and sisters or their children survive with the widow or widower, the latter shall be entitled to one-half of the inheritance and the brothers and sisters or their children to the other half. Where a negotiable document of title is transferred for value by delivery, and the indorsement of the transferor is essential for negotiation, the transferee acquires a right against the transferor to compel him to indorse the document unless a contrary intention appears. Iii, and its existence must be express and can not make use thereof and without the consent of general... 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