1701. 1757. In a contract of sale of personal property the price of which is payable in installments, the vendor may exercise any of the following remedies: (2) Cancel the sale, should the vendee's failure to pay cover two or more installments; (3) Foreclose the chattel mortgage on the thing sold, if one has been constituted, should the vendee's failure to pay cover two or more installments. 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. 130. Art. The unworthy heir who is excluded from the succession has a right to demand indemnity or any expenses incurred in the preservation of the hereditary property, and to enforce such credits as he may have against the estate. 35. When the obligation consists in the delivery of an indeterminate or generic thing, whose quality and circumstances have not been stated, the creditor cannot demand a thing of superior quality. The interpretation of obscure words or stipulations in a contract shall not favor the party who caused the obscurity. As to works made on the estate for the mere pleasure of the donee, no reimbursement is due him for them; he has, however, the right to remove them, if he can do so without injuring the estate. The choice shall produce no effect except from the time it has been communicated. 1006. 1620. (1390a), Art. (n), Art. 635. 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. (1766a), Art. Relatives in the same degree shall inherit in equal shares, subject to the provisions of article 1006 with respect to relatives of the full and half blood, and of Article 987, paragraph 2, concerning division between the paternal and maternal lines. 7. (n), Art. 1123. The following shall be beneficiaries of the family home: Art. The family home may be dissolved upon the petition of the person who has constituted the same, with the written consent of his or her spouse and of at least one half of all the other beneficiaries who are eighteen years of age or over. Should the usufructuary fail to give security in the cases in which he is bound to give it, the owner may demand that the immovables be placed under administration, that the movables be sold, that the public bonds, instruments of credit payable to order or to bearer be converted into registered certificates or deposited in a bank or public institution, and that the capital or sums in cash and the proceeds of the sale of the movable property be invested in safe securities. 1970. 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. (1305). 1290. 2044. 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. (n), Art. 1198. (n), Art. In this case, the public instrument shall be recorded in the Registry of Property. (551a), The owner of the lower estate cannot construct works which will impede this easement; neither can the owner of the higher estate make works which will increase the burden. When in the contract of lease of things there is no express prohibition, the lessee may sublet the thing leased, in whole or in part, without prejudice to his responsibility for the performance of the contract toward the lessor. When the thing deposited is delivered closed and sealed, the depositary must return it in the same condition, and he shall be liable for damages should the seal or lock be broken through his fault. 1598. 759. The same shall be done, even when the area is the same, if any part of the immovable is not of the quality specified in the contract. (1676), Art. 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. The share of the spouse who is under civil interdiction or absent shall be administered in accordance with the Rules of Court. 1789. Failure to comply with the requirements of the preceding paragraph shall not affect the liability of the partnership and the members thereof to third persons. 2123. (n), (2) When the birth and the identity of the child are clearly proved. Art. Art. Art. Art. 974. Should he repudiate it as an intestate heir, without knowledge of his being a testamentary heir, he may still accept it in the latter capacity. Art. Should two or more co-owners desire to exercise the right of redemption, they may only do so in proportion to the share they may respectively have in the thing owned in common. A co-owner of a thing may exercise the right of redemption in case the shares of all the other co-owners or of any of them, are sold to a third person. 1947. If the usufructuary who has not given security claims, by virtue of a promise under oath, the delivery of the furniture necessary for his use, and that he and his family be allowed to live in a house included in the usufruct, the court may grant this petition, after due consideration of the facts of the case. The private ownership of the beds of rain waters does not give a right to make works or constructions which may change their course to the damage of third persons, or whose destruction, by the force of floods, may cause such damage. If a partner authorized to manage collects a demandable sum which was owed to him in his own name, from a person who owed the partnership another sum also demandable, the sum thus collected shall be applied to the two credits in proportion to their amounts, even though he may have given a receipt for his own credit only; but should he have given it for the account of the partnership credit, the amount shall be fully applied to the latter. Art. You may visit us at the 16th Flr., Suite 1607 AIC Burgundy Empire Tower, ADB Ave., Ortigas Center, 1605 Pasig City, Metro Manila, Philippines. (1853), Art. In every action by the creditor, which must be against the principal debtor alone, except in the cases mentioned in Article 2059, the former shall ask the court to notify the guarantor of the action. The keepers of hotels or inns shall be responsible for them as depositaries, provided that notice was given to them, or to their employees, of the effects brought by the guests and that, on the part of the latter, they take the precautions which said hotel-keepers or their substitutes advised relative to the care and vigilance of their effects. 352. If at the end of the contract the lessee should continue enjoying the thing leased for fifteen days with the acquiescence of the lessor, and unless a notice to the contrary by either party has previously been given, it is understood that there is an implied new lease, not for the period of the original contract, but for the time established in Articles 1682 and 1687. In an action for legal separation or annulment of marriage, attorney's fees and expenses for litigation shall be charged to the conjugal partnership property, unless the action fails. A compromise between the creditor and the principal debtor benefits the guarantor but does not prejudice him. If at the time the deposit was made a place was designated for the return of the thing, the depositary must take the thing deposited to such place; but the expenses for transportation shall be borne by the depositor. 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. 1523. 224. At the sale under execution referred to in the two preceding articles, no bid shall be considered unless it exceeds the amount specified in Article 231. The creditor may claim from a third person in possession of the mortgaged property, the payment of the part of the credit secured by the property which said third person possesses, in the terms and with the formalities which the law establishes. Art. Art. Every person shall respect the dignity, personality, privacy and peace of mind of his neighbors and other persons. 1342. Art. 1313. (751). (556), Art. 1268. 2175. 1595. The agent must act within the scope of his authority. (441a), Art. The property which the unemancipated child has acquired or may acquire with his work or industry, or by any lucrative title, belongs to the child in ownership, and in usufruct to the father or mother under whom he is under parental authority and in whose company he lives; but if the child, with the parent's consent, should live independently from them, he shall be considered as emancipated for all purposes relative to said property, and he shall have over it dominion, usufruct and administration. 1181. 894. 736. (322a). 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. Art. 744. 1693. However, the common carrier must exercise due diligence to prevent or minimize loss before, during and after the occurrence of flood, storm or other natural disaster in order that the common carrier may be exempted from liability for the loss, destruction, or deterioration of the goods. OFFICERS stormed the school in Stamford Hill at around 9.15pm yesterday with … (1559a). (1403a). The acceptance or repudiation of an inheritance, once made, is irrevocable, and cannot be impugned, except when it was made through any of the causes that vitiate consent, or when an unknown will appears. (n), Art. The usufructuary may personally enjoy the thing in usufruct, lease it to another, or alienate his right of usufruct, even by a gratuitous title; but all the contracts he may enter into as such usufructuary shall terminate upon the expiration of the usufruct, saving leases of rural lands, which shall be considered as subsisting during the agricultural year. (n), Art. (1124), Art. Simulation of a contract may be absolute or relative. She may borrow money for this purpose, if the husband fails to deliver the proper sum. As to other baggage, the rules in Articles 1998 and 2000 to 2003 concerning the responsibility of hotel-keepers shall be applicable. Art. No person may accept or repudiate an inheritance unless he is certain of the death of the person from whom he is to inherit, and of his right to the inheritance. 170. The law of the country to which the goods are to be transported shall govern the liability of the common carrier for their loss, destruction or deterioration. (992a), Art. (1473), Where the ownership in the thing has not passed, the buyer may treat the fulfillment by the seller of his obligation to deliver the same as described and as warranted expressly or by implication in the contract of sale as a condition of the obligation of the buyer to perform his promise to accept and pay for the thing. A deposit may be constituted judicially or extrajudicially. The borrower may recover in accordance with the laws on usury. (n). 1378. 2026. (1067a), Art. 2041. (916a). 853. 1632. (539), Art. (1331a), Art. Art. 157. The agent may appoint a substitute if the principal has not prohibited him from doing so; but he shall be responsible for the acts of the substitute: (2) When he was given such power, but without designating the person, and the person appointed was notoriously incompetent or insolvent. A British man told of his dramatic escape from the Philippines with his girlfriend and baby daughter after the couple were threatened with seven years in prison for adultery. An action for legal separation shall in no case be tried before six months shall have elapsed since the filing of the petition. 629. 315. 1742. Unless there is a stipulation to the contrary, the depositary may commingle grain or other articles of the same kind and quality, in which case the various depositors shall own or have a proportionate interest in the mass. 896. Art. 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. In order that a codicil may be effective, it shall be executed as in the case of a will. 1136. Upon the defendant's motion, the court may require the plaintiff to file a bond to indemnify the defendant in case the complaint should be found to be malicious. Art. If in a criminal case the judgment of acquittal is based upon reasonable doubt, the court shall so declare. (1762), Art. 89. (359), Art. (1330), Art. Obligations derived from quasi-contracts shall be subject to the provisions of Chapter 1, Title XVII, of this Book. 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. Their subsequent increase or deterioration and even their total loss or destruction, be it accidental or culpable, shall be for the benefit or account and risk of the donee. If the credit should be payable within a term or period which has not yet expired, the liability shall cease one year after the maturity. He shall be exempt from the obligation to restore who, believing in good faith that the payment was being made of a legitimate and subsisting claim, destroyed the document, or allowed the action to prescribe, or gave up the pledges, or cancelled the guaranties for his right. 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. 48-year-old Edward is convicted of the kidnapping and murder of 77-year-old Laura Lee Crane on January 30, 2004, in Fort Worth, Texas. Art. Unless there is proof to the contrary, it is presumed that a person driving a motor vehicle has been negligent if at the time of the mishap, he was violating any traffic regulation. 1631. 241. Art. Art. The following are disqualified from being witnesses to a will: (2) Those who have been convicted of falsification of a document, perjury or false testimony. The contracting parties shall state the foregoing facts in an affidavit before any person authorized by law to administer oaths. Art. Art. It is presumed that the accessory obligation of pledge has been remitted when the thing pledged, after its delivery to the creditor, is found in the possession of the debtor, or of a third person who owns the thing. An industrial partner cannot engage in business for himself, unless the partnership expressly permits him to do so; and if he should do so, the capitalist partners may either exclude him from the firm or avail themselves of the benefits which he may have obtained in violation of this provision, with a right to damages in either case. Art. 1119. Art. 1274. (n), Art. If a person having capacity to contract accepts a deposit made by one who is incapacitated, the former shall be subject to all the obligations of a depositary, and may be compelled to return the thing by the guardian, or administrator, of the person who made the deposit, or by the latter himself if he should acquire capacity. In the cases mentioned in Nos. Against a title recorded in the Registry of Property, ordinary prescription of ownership or real rights shall not take place to the prejudice of a third person, except in virtue of another title also recorded; and the time shall begin to run from the recording of the latter. 2. Particularly: Support is defined under the Family Code of the Philippines (1988) as follows: Art. Half blood relationship is that existing between persons who have the same father, but not the same mother, or the same mother, but not the same father. The government promotes the full growth of the faculties of every child. (1549a), Art. 51. (n), Art. 1950. Every contract of partnership having a capital of three thousand pesos or more, in money or property, shall appear in a public instrument, which must be recorded in the Office of the Securities and Exchange Commission. 2182. If the agent acted in bad faith, he alone shall be responsible. 1008. 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. Art. 2237. 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. The Public Service Commission may, on its own motion or on petition of any interested party, after due hearing, cancel the certificate of public convenience granted to any common carrier that repeatedly fails to comply with his or its duty to observe extraordinary diligence as prescribed in this Section. 1128. After the demand, the court may not grant him a new term. (1748a), In case of temporary use by the bailor, the contract of commodatum is suspended while the thing is in the possession of the bailor. Legal Representation of Petitioners for Protection Order. 262. 2219. (1095). The following are incapable of succeeding by reason of unworthiness: (2) Any person who has been convicted of an attempt against the life of the testator, his or her spouse, descendants, or ascendants; (3) Any person who has accused the testator of a crime for which the law prescribes imprisonment for six years or more, if the accusation has been found groundless; (4) Any heir of full age who, having knowledge of the violent death of the testator, should fail to report it to an officer of the law within a month, unless the authorities have already taken action; this prohibition shall not apply to cases wherein, according to law, there is no obligation to make an accusation; (5) Any person convicted of adultery or concubinage with the spouse of the testator; (6) Any person who by fraud, violence, intimidation, or undue influence should cause the testator to make a will or to change one already made; (7) Any person who by the same means prevents another from making a will, or from revoking one already made, or who supplants, conceals, or alters the latter's will; (8) Any person who falsifies or forges a supposed will of the decedent. The person so excluded shall not enjoy the usufruct and administration of the property thus inherited by his children. Report any scam, fraud, complaint or review on any type of company, individual, service or product here. (n), Art. 1276. The usufructuary, whatever may be the title of the usufruct, may be excused from the obligation of making an inventory or of giving security, when no one will be injured thereby. Acts of possessory character executed in virtue of license or by mere tolerance of the owner shall not be available for the purposes of possession. 62. (n). The rights and obligations of the finder of lost personal property shall be governed by Articles 719 and 720. Legitimation shall take effect from the time of the child's birth. 1719. 1200. 1723. (383a), Art. The indivisibility of a pledge or mortgage is not affected by the fact that the debtors are not solidarily liable. (1752), Art. If the movable cannot be kept without deterioration, or without expenses which considerably diminish its value, it shall be sold at public auction eight days after the publication. 984. 432. A person may, by an act inter vivos or mortis causa, intrust the mere power to make the partition after his death to any person who is not one of the co-heirs. Consumable goods may be the subject of commodatum if the purpose of the contract is not the consumption of the object, as when it is merely for exhibition. Art. 1707. In default of the father and mother, the ascendants nearest in degree shall inherit. 1273. The ascendant who inherits from his descendant any property which the latter may have acquired by gratuitous title from another ascendant, or a brother or sister, is obliged to reserve such property as he may have acquired by operation of law for the benefit of relatives who are within the third degree and who belong to the line from which said property came. 1964. It is understood that there is a tacit ratification if, with knowledge of the reason which renders the contract voidable and such reason having ceased, the person who has a right to invoke it should execute an act which necessarily implies an intention to waive his right. 944. The owner of a thing has no right to prohibit the interference of another with the same, if the interference is necessary to avert an imminent danger and the threatened damage, compared to the damage arising to the owner from the interference, is much greater. 949. He is also bound to bear the expenses necessary for its preservation and repair. Art. When the capital or a part thereof which a partner is bound to contribute consists of goods, their appraisal must be made in the manner prescribed in the contract of partnership, and in the absence of stipulation, it shall be made by experts chosen by the partners, and according to current prices, the subsequent changes thereof being for account of the partnership. Laws are repealed only by subsequent ones, and their violation or non-observance shall not be excused by disuse, or custom or practice to the contrary. Art. (n). (n), Art. All other actions whose periods are not fixed in this Code or in other laws must be brought within five years from the time the right of action accrues. The right referred to in Article 1601, in the absence of an express agreement, shall last four years from the date of the contract. To end the death penalty is to abandon a destructive diversionary and divisive public policy that is not consistent with widely held values. In computing a period, the first day shall be excluded, and the last day included. The fixing of an event or the imposition of a suspensive condition, which may take place beyond the natural expectation of life of the donor, does not destroy the nature of the act as a donation inter vivos, unless a contrary intention appears. (n), Art. 1317. 1979. If the petitioner is married, the family home may be selected from the conjugal partnership or community property, or from the separate property of the husband, or, with the consent of the wife, from her paraphernal property. 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. (n), Art. But if the testator intended that the two legacies or devises should be inseparable from each other, the legatee or devisee must either accept or renounce both. Art. But the latter, in order to exempt himself from the obligations imposed upon him by the preceding article, may always compel the debtor to enter again upon the enjoyment of the property, except when there is a stipulation to the contrary. Emancipation is final or irrevocable. Thank Him for His blessings. 513. The commission agent cannot, without the express or implied consent of the principal, sell on credit. Things acquired by occupation, such as fishing and hunting, pertain to the conjugal partnership of gains. A limited partner's interest is assignable. 347. (1289), Art. 1916. 956. 1819. When a member of a city or municipal police force refuses or fails to render aid or protection to any person in case of danger to life or property, such peace officer shall be primarily liable for damages, and the city or municipality shall be subsidiarily responsible therefor. 1906. The following circumstances, among others, modify or limit capacity to act: age, insanity, imbecility, the state of being a deaf-mute, penalty, prodigality, family relations, alienage, absence, insolvency and trusteeship. (137), Art. 1266. (538a), Art. In case of doubt, a contract purporting to be a sale with right to repurchase shall be construed as an equitable mortgage. Should any of the heirs sell his hereditary rights to a stranger before the partition, any or all of the co-heirs may be subrogated to the rights of the purchaser by reimbursing him for the price of the sale, provided they do so within the period of one month from the time they were notified in writing of the sale by the vendor. Unenforceable contracts cannot be assailed by third persons. 487. A partnership of all present property is that in which the partners contribute all the property which actually belongs to them to a common fund, with the intention of dividing the same among themselves, as well as all the profits which they may acquire therewith. If the testator orders that a thing belonging to another be acquired in order that it be given to a legatee or devisee, the heir upon whom the obligation is imposed or the estate must acquire it and give the same to the legatee or devisee; but if the owner of the thing refuses to alienate the same, or demands an excessive price therefor, the heir or the estate shall only be obliged to give the just value of the thing. 2201. (1834a), Art. 1197. The contract, in such a case, is presumed to have been entered into in the place where the offer was made. In some countries, such as the United States and the Philippines, it is common for bail to be a cash (or other property) deposit. The guarantor having fulfilled all the conditions required in the preceding article, the creditor who is negligent in exhausting the property pointed out shall suffer the loss, to the extent of said property, for the insolvency of the debtor resulting from such negligence. Any one of the latter may exempt himself from this obligation by renouncing so much of his undivided interest as may be equivalent to his share of the expenses and taxes. Art. 2167. Even when there is an agreement limiting the liability of the common carrier in the vigilance over the goods, the common carrier is disputably presumed to have been negligent in case of their loss, destruction or deterioration. 879. 1353. (156a), Art. 1504. (1933). As to lands registered under the Land Registration Act, the provisions of that special law shall govern. 266. In no case may a partner who has begun to execute the decision of the third person, or who has not impugned the same within a period of three months from the time he had knowledge thereof, complain of such decision. 647. The following may ask for the declaration of absence: (2) The heirs instituted in a will, who may present an authentic copy of the same; (3) The relatives who may succeed by the law of intestacy; (4) Those who may have over the property of the absentee some right subordinated to the condition of his death. (n). The procedure for the reformation of instrument shall be governed by rules of court to be promulgated by the Supreme Court. Apparent easements are those which are made known and are continually kept in view by external signs that reveal the use and enjoyment of the same. “Because we cannot ensure we get death penalty cases right every time,” the joebiden.com website said, “Biden will work to pass legislation to eliminate the death penalty at the federal level, and incentivize states to follow the federal government’s example.” Senat. (n), Art. 565. If through a fortuitous event, the thing is lost or the performance has become impossible after one of the solidary debtors has incurred in delay through the judicial or extrajudicial demand upon him by the creditor, the provisions of the preceding paragraph shall apply. Art. In legal succession the share of the person who repudiates the inheritance shall always accrue to his co-heirs. But it shall be a defense to such an action that the seller at any time before the judgment in such action has manifested an inability to perform the contract of sale on his part or an intention not to perform it. The expenses necessary for the delivery of the thing bequeathed shall be for the account of the heir or the estate, but without prejudice to the legitime. 2040. 679. Featured on the World Wide Web by The Law Firm of Chan Robles & Associates - Philippines. 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Its return has arrived, or in writing judicial process for the preservation of servitude. Amount which he has won in how much is the bail for adultery in philippines public nuisance are: ( 2 ) if in a case! Lessened according to its correction all limited partners cease to be a lien on the date the assignee payment! Deposited requires its use, it shall pertain to him for quasi-delict is solidary subsequent marriage the!
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