(n). The conjugal partnership of gains terminates: (2) When there is a decree of legal separation; (4) In case of judicial separation of property under article 191. (1115). Ratification may be effected expressly or tacitly. Article 1852. Article 938. Article 1095. The validity of a will as to its form depends upon the observance of the law in force at the time it is made. In any of the following cases, the father is obliged to recognize the child as his natural child: (1) In cases of rape, abduction or seduction, when the period of the offense coincides more or less with that of the conception; (2) When the child is in continuous possession of status of a child of the alleged father by the direct acts of the latter or of his family; (3) When the child was conceived during the time when the mother cohabited with the supposed father; (4) When the child has in his favor any evidence or proof that the defendant is his father. The absentee shall not be presumed dead for the purpose of opening his succession till after an absence of ten years. The remaining third shall be at the free disposal of the testator. No vested or acquired right can arise from acts or omissions which are against the law or which infringe upon the rights of others. (1070a), SUBSECTION 3. In a sale of goods, there is an implied warranty or condition as to the quality or fitness of the goods, as follows: (1) Where the buyer, expressly or by implication, makes known to the seller the particular purpose for which the goods are acquired, and it appears that the buyer relies on the seller's skill or judgment (whether he be the grower or manufacturer or not), there is an implied warranty that the goods shall be reasonably fit for such purpose; (2) Where the goods are brought by description from a seller who deals in goods of that description (whether he be the grower or manufacturer or not), there is an implied warranty that the goods shall be of merchantable quality. The owner of property the usufruct of which is held by another, may alienate it, but he cannot alter its form or substance, or do anything thereon which may be prejudicial to the usufructuary. (451). (389a), Article 483. Article 408. Should the lessor refuse to reimburse said amount, the lessee may remove the improvements, even though the principal thing may suffer damage thereby. (40a), Article 51. No particular form for the ceremony of marriage is required, but the parties with legal capacity to contract marriage must declare, in the presence of the person solemnizing the marriage and of two witnesses of legal age, that they take each other as husband and wife. (1937), Article 1115. (1858), Article 2088. Article 214. (1712), Article 1877. Implied trusts come into being by operation of law. If the fault is also punished by the previous legislation, the less severe sanction shall be applied. The rights of illegitimate children set forth in the preceding articles are transmitted upon their death to their descendants, whether legitimate or illegitimate. Property donated or left by will to the spouses, jointly and with designation of determinate shares, shall pertain to the wife as paraphernal property, and to the husband as capital, in the proportion specified by the donor or testator, and in the absence of designation, share and share alike, without prejudice to what is provided in article 753. 1a, art. (33). Article 1692. Anything done by the agent, without knowledge of the death of the principal or of any other cause which extinguishes the agency, is valid and shall be fully effective with respect to third persons who may have contracted with him in good faith. Explorations for subterranean waters on lands of public dominion may be made only with the permission of the administrative authorities. (1891a). Article 1569. The relations between capital and labor are not merely contractual. When a right to sue upon a civil obligation has lapsed by extinctive prescription, the obligor who voluntarily performs the contract cannot recover what he has delivered or the value of the service he has rendered. In crimes and quasi-delicts, the defendant shall be liable for all damages which are the natural and probable consequences of the act or omission complained of. 1, and 2242, No. In both cases the lessee shall be liable for the damages which, through his negligence, may be suffered by the proprietor. (n). 1, and the limited partner would otherwise be entitled to the return of his contribution. The legitime of legitimate children and descendants consists of one-half of the hereditary estate of the father and of the mother. Should he do so, the same shall be considered as not imposed. Article 1504. Article 484. Article 1703. If besides his services he has contributed capital, he shall also receive a share in the profits in proportion to his capital. Article 1612. A provision whereby the testator leaves to a person the whole or part of the inheritance, and to another the usufruct, shall be valid. (413a), Article 525. An agent shall not carry out an agency if its execution would manifestly result in loss or damage to the principal. In every drain or aqueduct, the water, bed, banks and floodgates shall be considered as an integral part of the land of building for which the waters are intended. If the safekeeping of the thing delivered is not the principal purpose of the contract, there is no deposit but some other contract. For the validity of marriage settlements executed by any person upon whom a sentence of civil interdiction has been pronounced, the presence and participation of the guardian shall be indispensable, who for this purpose shall be designated by a competent court, in accordance with the provisions of the Rules of Court. A deposit may be constituted judicially or extrajudicially. (n), Article 145. During the proceedings for legal separation, or for annulment of marriage, the spouses and children, shall be supported from the conjugal partnership property. (780), Article 863. (1747a), Article 1945. Subject to the right of appeal, the allowance of the will, either during the lifetime of the testator or after his death, shall be conclusive as to its due execution. Article 2217. Article 1535. When negligence shows bad faith, the provisions of articles 1171 and 2201, paragraph 2, shall apply. 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. (1871), Article 2106. The ownership, administration, possession and enjoyment of the common property belong to both spouses jointly. (1669). (492a), Article 585. View all comments. Article 220. The following requisites are essential to the contracts of pledge and mortgage: (1) That they be constituted to secure the fulfillment of a principal obligation; (2) That the pledgor or mortgagor be the absolute owner of the thing pledged or mortgaged; (3) That the persons constituting the pledge or mortgage have the free disposal of their property, and in the absence thereof, that they be legally authorized for the purpose. (n), Article 2268. (n). Acceptance of the work by the employer relieves the contractor of liability for any defect in the work, unless: (1) The defect is hidden and the employer is not, by his special knowledge, expected to recognize the same; or, (2) The employer expressly reserves his rights against the contractor by reason of the defect. (n). (1884a), Article 2138. But if the thing should have been lost in part only, the vendee may choose between withdrawing from the contract and demanding the remaining part, paying its price in proportion to the total sum agreed upon. Real contracts, such as deposit, pledge and commodatum, are not perfected until the delivery of the object of the obligation. Article 338. There is laches when: (1) the conduct of the defendant or one under whom he claims, gave rise to the situation complained of; (2) there was delay in asserting a right after knowledge of the defendant's conduct and after an opportunity to sue; (3) defendant had no knowledge or notice that the complainant would assert his right; (4) there is injury or prejudice to the defendant in the event relief is accorded to … (n), Article 346. The author and the composer, mentioned in Nos. The local civil registrar shall issue the proper license if each of the contracting parties swears separately before him or before any public official authorized to administer oaths, to an application in writing setting forth that such party has the necessary qualifications for contracting marriage. The foregoing provisions are without prejudice to the fulfillment of natural obligations. (n). These donations are governed by the rules on ordinary donations established in Title III of Book III, except as to their form which shall be regulated by the Statute of Frauds; and insofar as they are not modified by the following articles. Moral damages include physical suffering, mental anguish, fright, serious anxiety, besmirched reputation, wounded feelings, moral shock, social humiliation, and similar injury. A contributor, unless he is a general partner, is not a proper party to proceedings by or against a partnership, except where the object is to enforce a limited partner's right against or liability to the partnership. Neither spouse may alienate or encumber any common property without the consent of the other. The expenses, costs and liabilities in suits brought with regard to the usufruct shall be borne by the usufructuary. Ratification does not require the conformity of the contracting party who has no right to bring the action for annulment. (1420), Article 181. Continuous easements are those the use of which is or may be incessant, without the intervention of any act of man. Juridical persons mentioned in Nos. If the proprietor does not comply with this obligation, the administrative authorities may order the demolition of the structure at the expense of the owner, or take measures to insure public safety. The court shall take measures to enforce this provision. The concession shall be recorded in the Civil Register. The use of public waters is acquired: The extent of the rights and obligations of the use shall be that established, in the first case, by the terms of the concession, and, in the second case, by the manner and form in which the waters have been used. Article 2215. Interest may, in the discretion of the court, be allowed upon damages awarded for breach of contract. Demand or tender of delivery may be treated as ineffectual unless made at a reasonable hour. Birth determines personality; but the conceived child shall be considered born for all purposes that are favorable to it, provided it be born later with the conditions specified in the following article. (1898), Article 2162. In case of a divisible contract, if the illegal terms can be separated from the legal ones, the latter may be enforced. (758a). The appointment of the administrator of the estate mentioned in the preceding article, as well as the manner of the administration and the rights and obligations of the administrator shall be governed by the Rules of Court. (n). One who has no compulsory heirs may dispose by will of all his estate or any part of it in favor of any person having capacity to succeed. (808a). A partition legally made confers upon each heir the exclusive ownership of the property adjudicated to him. (353), SECTION 1Right of Accession with Respect to What is Produced by Property. Whenever an amount or credit payable in a certain number of years belongs to one of the spouses, the sums which may be collected by installments due during the marriage shall not pertain to the conjugal partnership, but shall be considered capital of the husband or of the wife, as the credit may belong to one or the other spouse. Article 1423. Article 592. Apart from any such contract, express or implied, or usage of trade to the contrary, the place of delivery is the seller's place of business if he has one, and if not his residence; but in case of a contract of sale of specific goods, which to the knowledge of the parties when the contract or the sale was made were in some other place, then that place is the place of delivery. Possession is acquired by the material occupation of a thing or the exercise of a right, or by the fact that it is subject to the action of our will, or by the proper acts and legal formalities established for acquiring such right. (n), Article 801. He who constitutes an annuity by gratuitous title upon his property, may provide at the time the annuity is established that the same shall not be subject to execution or attachment on account of the obligations of the recipient of the annuity. (n), Article 2189. Article 2218. Book IV Civil Code of the Philippines Partnership. Otherwise, he shall be liable for damages. In case of doubt it is understood that the repairs are chargeable against him. TITLE XIICONCURRENCE AND PREFERENCE OF CREDITS, Article 2236. No mother shall be separated from her child under seven years of age, unless the court finds compelling reasons for such measure. He also retains it if a portion of land is separated from the estate by the current. Article 414. Should the vendee lose, by reason of the eviction, a part of the thing sold of such importance, in relation to the whole, that he would not have bought it without said part, he may demand the rescission of the contract; but with the obligation to return the thing without other encumbrances that those which it had when he acquired it. (1534) ARTICLE 1634. 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. Article 1690. All property of the marriage is presumed to belong to the conjugal partnership, unless it be proved that it pertains exclusively to the husband or to the wife. (1439a). (As amended by PD No. The agreements which, on the effect of the cession, are made between the debtor and his creditors shall be governed by special laws. (756, 854, 674a). Donations given to children shall be charged to their legitime. When the widow or widower survives with legitimate parents or ascendants and with illegitimate children, such surviving spouse shall be entitled to one-eighth of the hereditary estate of the deceased which must be taken from the free portion, and the illegitimate children shall be entitled to one-fourth of the estate which shall be taken also from the disposable portion. (608a), BOOK IIIDIFFERENT MODES OF ACQUIRING OWNERSHIPPreliminary Provision. Article 1584. Islands which may be formed on the seas within the jurisdiction of the Philippines, on lakes, and on navigable or floatable rivers belong to the State. (n), Article 840. These contracts are binding, unless they are annulled by a proper action in court. Article 1144. Article 955. A legacy for education lasts until the legatee is of age, or beyond the age of majority in order that the legatee may finish some professional, vocational or general course, provided he pursues his course diligently. The effect of death upon the rights and obligations of the deceased is determined by law, by contract and by will. The fixing of the price can never be left to the discretion of one of the contracting parties. (999a). No human remains shall be retained, interred, disposed of or exhumed without the consent of the persons mentioned in articles 294 and 305. 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