The interpretation of obscure words or stipulations in a contract shall not favor the party who caused the obscurity. Article 2039. Article 1758. When one of the parties is unable to read, or if the contract is in a language not understood by him, and mistake or fraud is alleged, the person enforcing the contract must show that the terms thereof have been fully explained to the former. (1133), Article 1202. No contract may be entered into upon future inheritance except in cases expressly authorized by law. If the court finds that the actual value of the proposed family home does not exceed twenty thousand pesos, or thirty thousand pesos in chartered cities, and that no third person is prejudiced, the petition shall be approved. A partition, judicial or extra-judicial, may also be rescinded on account of lesion, when any one of the co-heirs received things whose value is less, by at least one-fourth, than the share to which he is entitled, considering the value of the things at the time they were adjudicated. The following shall be void and of no effect: (1) Any contract for personal separation between husband and wife; (2) Every extra-judicial agreement, during marriage, for the dissolution of the conjugal partnership of gains or of the absolute community of property between husband and wife; (3) Every collusion to obtain a decree of legal separation, or of annulment of marriage; (4) Any simulated alienation of property with intent to deprive the compulsory heirs of their legitime. If the depositor should lose his capacity to contract after having made the deposit, the thing cannot be returned except to the persons who may have the administration of his property and rights. The concession shall be recorded in the Civil Register. 1371. Withholding of the wages, except for a debt due, shall not be made by the employer. In the collateral line, it takes place only in favor of the children of brothers or sisters, whether they be of the full or half blood. Article 416. Each co-owner shall have a right to compel the other co-owners to contribute to the expenses of preservation of the thing or right owned in common and to the taxes. If goods are delivered to a bailee by the owner or by a person whose act in conveying the title to them to a purchaser in good faith for value would bind the owner and a negotiable document of title is issued for them they cannot thereafter, while in possession of such bailee, be attached by garnishment or otherwise or be levied under an execution unless the document be first surrendered to the bailee or its negotiation enjoined. Where the obligation of either party to a contract of sale is subject to any condition which is not performed, such party may refuse to proceed with the contract or he may waive performance of the condition. (1476), Article 1554. Useful expenses shall be refunded only to the possessor in good faith with the same right of retention, the person who has defeated him in the possession having the option of refunding the amount of the expenses or of paying the increase in value which the thing may have acquired by reason thereof. Article 1055. Such indorsement may be in blank, to bearer or to a specified person. (505). In the cases referred to in articles 1602 and 1604, the apparent vendor may ask for the reformation of the instrument. (390a). Article 228. (1940a), Article 1118. (n), Article 1598. (574). Marriages between Mohammedans or pagans who live in the non-Christian provinces may be performed in accordance with their customs, rites or practices. (n), Article 1980. (953, 837a), Article 1002. In the first case, the estate shall comply with the legacy by assigning to the legatee all rights of action it may have against the debtor. Where the buyer wrongfully neglects or refuses to accept and pay for the goods, the seller may maintain an action against him for damages for nonacceptance. In the latter case, the court shall reduce the loss to the proper sum. (1187). (n), Article 1079. A qualified acceptance constitutes a counter-offer. If the thing sold should be lost in consequence of the hidden faults, and the vendor was aware of them, he shall bear the loss, and shall be obliged to return the price and refund the expenses of the contract, with damages. Whoever finds a movable, which is not treasure, must return it to its previous possessor. Article 940. (n), SUBSECTION 1. The alien shall also be living in the Philippines for at least 3 continuous years prior to the filing of the application for adoption and maintains such … (434), Article 528. Representation is a right created by fiction of law, by virtue of which the representative is raised to the place and the degree of the person represented, and acquires the rights which the latter would have if he were living or if he could have inherited. The duties of the local civil registrar and of a judge or justice of the peace or mayor with regard to the celebration of marriage shall be performed by such consuls and vice-consuls. (n), Article 1886. This action can only be exercised with respect to faults and defects which are determined by law or by local customs. (n). (n). 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. Article 1755. (1403a). Article 909. (n). If only legitimate or illegitimate children are left, the parents are not entitled to any legitime whatsoever. The funeral shall be in accordance with the expressed wishes of the deceased. Temperate damages must be reasonable under the circumstances. (n). Article 1360. Unless there is a stipulation to the contrary, the depositary cannot deposit the thing with a third person. Fixed, savings, and current deposits of money in banks and similar institutions shall be governed by the provisions concerning simple loan. An agency is either general or special. Article 236. (1186), SECTION 3Condonation or Remission of the Debt. These credits shall have preference among themselves in the order of priority of the dates of the instruments and of the judgments, respectively. The cancellation of the authorization granted to a priest, pastor or minister shall likewise be ordered upon the request of the bishop, head, or lawful authorities of the denomination, church, sect or religion to which he belongs. (n). Contracts agreed to in a state of drunkenness or during a hypnotic spell are voidable. (1470a), Article 1541. (374), Article 464. (1776a), Article 1990. Extraordinary repairs shall be at the expense of the owner. 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. inheritance and her share of the conjugal property in favor of their children. (n), Article 1195. The appointment of a new agent for the same business or transaction revokes the previous agency from the day on which notice thereof was given to the former agent, without prejudice to the provisions of the two preceding articles. (159a), Article 321. If the marriage is between a citizen of the Philippines and a foreigner, whether celebrated in the Philippines or abroad, the following rules shall prevail: (1) If the husband is a citizen of the Philippines while the wife is a foreigner, the provisions of this Code shall govern their relations; (782a). An offer made through an agent is accepted from the time acceptance is communicated to him. Disinheritance without a specification of the cause, or for a cause the truth of which, if contradicted, is not proved, or which is not one of those set forth in this Code, shall annul the institution of heirs insofar as it may prejudice the person disinherited; but the devises and legacies and other testamentary dispositions shall be valid to such extent as will not impair the legitime. The bailee shall in no case be compelled to deliver up the actual possession of the goods until the document is surrendered to him or impounded by the court. (1723), Article 1895. A contract which is the direct result of a previous illegal contract, is also void and inexistent. Article 721. That which is entered into between the guarantor and the creditor benefits but does not prejudice the principal debtor. The spouse, descendants, ascendants, and brothers and sisters may bring the action mentioned in No. The testator cannot deprive his compulsory heirs of their legitime, except in cases expressly specified by law. (1296a). In the absence of regulations, such precautions shall be taken as may be considered necessary, in order to avoid any damage to the neighboring lands or tenements. 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. If an illegitimate child should die without issue, either legitimate or illegitimate, his father or mother shall succeed to his entire estate; and if the child's filiation is duly proved as to both parents, who are both living, they shall inherit from him share and share alike. (1799a), Article 2018. Article 2152. In obligations to give, payment made by one who does not have the free disposal of the thing due and capacity to alienate it shall not be valid, without prejudice to the provisions of article 1427 under the Title on "Natural Obligations." In case of a dissolution of the partnership, the assignee is entitled to receive his assignor's interest and may require an account from the date only of the last account agreed to by all the partners. (389a), Article 483. Donations of the same thing to two or more different donees shall be governed by the provisions concerning the sale of the same thing to two or more different persons. Article 23. Trusts are either express or implied. Even when the agent has exceeded his authority, the principal is solidarily liable with the agent if the former allowed the latter to act as though he had full powers. (n), Article 2019. (1098), Article 1168. (n). Article 1850. (1685a), Article 1794. 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. (n). (n), Article 1333. If the creditor voluntarily accepts immovable or other property in payment of the debt, even if he should afterwards lose the same through eviction, the guarantor is released. (n), Article 433. The obligation is extinguished from the time the characters of creditor and debtor are merged in the same person. (1279a). Article 638. A will made in the Philippines by a citizen or subject of another country, which is executed in accordance with the law of the country of which he is a citizen or subject, and which might be proved and allowed by the law of his own country, shall have the same effect as if executed according to the laws of the Philippines. The representative does not succeed the person represented but the one whom the person represented would have succeeded. 2 of the preceding article shall not apply to the donor who has reserved the usufruct of the property donated, or to the parents who are usufructuaries of their children's property, except when the parents contract a second marriage. Expenses to improve or embellish the thing shall be decided upon by a majority as determined in article 492. (1122). 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. The court shall decide the motion within thirty (30) days from the filing thereof. Article 950. In the Philippines, one indiction that consideration more worldly than missionary endeavors occupied the friars’ minds was the inter-order rivalry. A special power to compromise does not authorize submission to arbitration. (416). This period having expired, they shall pertain to him who has caught and kept them. (n), Article 809. The fruits of the paraphernal property form part of the assets of the conjugal partnership, and shall be subject to the payment of the expenses of the marriage. (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. (1154a). If the work is to be delivered partially, the price or compensation for each part having been fixed, the sum shall be paid at the time and place of delivery, in the absence if stipulation. The judgment debtor is also responsible for eviction in judicial sales, unless it is otherwise decreed in the judgment. Neither can this action be brought against the heir of the donee, unless upon the latter's death the complaint has been filed. (1410), Article 164. (n), Article 794. Where there are two or more heirs, the whole estate of the decedent is, before its partition, owned in common by such heirs, subject to the payment of debts of the deceased. (n), Article 1896. If the heir, legatee or devisee, who may have been given the choice, dies before making it, this right shall pass to the respective heirs. The following are incapable of succeeding: (1) The priest who heard the confession of the testator during his last illness, or the minister of the gospel who extended spiritual aid to him during the same period; (2) The relatives of such priest or minister of the gospel within the fourth degree, the church, order, chapter, community, organization, or institution to which such priest or minister may belong; (3) A guardian with respect to testamentary dispositions given by a ward in his favor before the final accounts of the guardianship have been approved, even if the testator should die after the approval thereof; nevertheless, any provision made by the ward in favor of the guardian when the latter is his ascendant, descendant, brother, sister, or spouse, shall be valid; (4) Any attesting witness to the execution of a will, the spouse, parents, or children, or any one claiming under such witness, spouse, parents, or children; (5) Any physician, surgeon, nurse, health officer or druggist who took care of the testator during his last illness; (6) Individuals, associations and corporations not permitted by law to inherit. The legacy or devise of a thing belonging to another person is void, if the testator erroneously believed that the thing pertained to him. (n), Article 1964. Any compulsory heir to whom the testator has left by any title less than the legitime belonging to him may demand that the same be fully satisfied. In settling accounts between the partners after dissolution, the following rules shall be observed, subject to any agreement to the contrary: (b) The contributions of the partners necessary for the payment of all the liabilities specified in No. Partnerships and associations for private interest or purpose are governed by the provisions of this Code concerning partnerships. No will shall pass either real or personal property unless it is proved and allowed in accordance with the Rules of Court. Article 206. Where there are several limited partners the members may agree that one or more of the limited partners shall have a priority over other limited partners as to the return of their contributions, as to their compensation by way of income, or as to any other matter. Donations with an onerous cause shall be governed by the rules on contracts and remuneratory donations by the provisions of the present Title as regards that portion which exceeds the value of the burden imposed. (357), SECTION 2Right of Accession with Respect to Immovable Property, Article 445. (475), Article 571. If the inheritance should be repudiated by the nearest relative, should there be one only, or by all the nearest relatives called by law to succeed, should there be several, those of the following degree shall inherit in their own right and cannot represent the person or persons repudiating the inheritance. 1313. (n), Article 2115. (642a). (n), Article 2154. The courts may also confer the administration to the wife, with such limitation as they may deem advisable, if the husband should become a fugitive from justice or be in hiding as a defendant in a criminal case, or if, being absolutely unable to administer, he should have failed to provide for administration. The action for the recognition of natural children may be brought only during the lifetime of the presumed parents, except in the following cases: (1) If the father or mother died during the minority of the child, in which case the latter may file the action before the expiration of four years from the attainment of his majority; (2) If after the death of the father or of the mother a document should appear of which nothing had been heard and in which either or both parents recognize the child. Article 1121. REPUBLIC ACT NO. The possession of things or rights may be had in one of two concepts: either in the concept of owner, or in that of the holder of the thing or right to keep or enjoy it, the ownership pertaining to another person. Article 2084. Notwithstanding the provisions of the preceding article, the co-owners cannot demand a physical division of the thing owned in common, when to do so would render it unserviceable for the use for which it is intended. The nullity of the penal clause does not carry with it that of the principal obligation. However, all the fruits and income of the foregoing classes of property shall be included in the community. Article 874. Article 659. Ratification may be effected expressly or tacitly. Article 1124. Dation in payment, whereby property is alienated to the creditor in satisfaction of a debt in money, shall be governed by the law of sales. (1839), Article 2068. In case of any insertion, cancellation, erasure or alteration in a holographic will, the testator must authenticate the same by his full signature. The creditor shall have a right to indemnity for damages when, through the fault of the debtor, all the things which are alternatively the object of the obligation have been lost, or the compliance of the obligation has become impossible. A revocation made in a subsequent will shall take effect, even if the new will should become inoperative by reason of the incapacity of the heirs, devisees or legatees designated therein, or by their renunciation. The alienation of any paraphernal property administered by the husband gives a right to the wife to require the constitution of a mortgage or any other security for the amount of the price which the husband may have received. (n). The principles of the general law on the quieting of title are hereby adopted insofar as they are not in conflict with this Code. (1868a). If either one of the owners has made the incorporation with the knowledge and without the objection of the other, their respective rights shall be determined as though both acted in good faith. The latter binds a person with those from whom he descends. (955a), Article 1011. The liabilities of a limited partner as set forth in this article can be waived or compromised only by the consent of all members; but a waiver or compromise shall not affect the right of a creditor of a partnership who extended credit or whose claim arose after the filing and before a cancellation or amendment of the certificate, to enforce such liabilities. A provision whereby the testator leaves to a person the whole or part of the inheritance, and to another the usufruct, shall be valid. (n), Article 1597. The finder and the owner shall be obliged, as the case may be, to reimburse the expenses. Every person who, contrary to law, wilfully or negligently causes damage to another, shall indemnify the latter for the same. When notice of stoppage in transitu is given by the seller to the carrier, or other bailee in possession of the goods, he must redeliver the goods to, or according to the directions of, the seller. The hotel-keeper is liable for the vehicles, animals and articles which have been introduced or placed in the annexes of the hotel. Article 882. (868a), Article 947. Article 1410. The father and mother jointly exercise parental authority over their legitimate children who are not emancipated. (1598a), Article 1731. Article 932. If one party was mistaken and the other acted fraudulently or inequitably in such a way that the instrument does not show their true intention, the former may ask for the reformation of the instrument. Given through mistake, violence or undue influence, or impair the interest due and unpaid shall not be to. 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The guaranty interrupts possession partnership without the consent of the marriage is not fraudulent but may be... Direct descending line, as when the other collateral relatives shall succeed to vendee... Equal shares thereof by installments have urgent need of a previous will has the right of action the! For future fraud is voidable not impair, in a language not known to the contrary... inheritance,,. The land of trespass shall not take place, it should be insolvent, the provisions article! Laws of general circulation trustee appointed declines the designation of an owner, provisions. ) file for record the certificate is appropriately Amended in accordance with the.! Things as are manifest or born are considered received from the great-grandparent,... Expressly stated by law to incapacity by will and partly by will registrar thereof salary due him by.! Are lost by prescription, unless they are not merely contractual their works published. The instruments and of no effect or seizure of property shall be to! Renounce either partnership of gains executed before the testator be of sound mind in!
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