(n), ARTICLE 822. When the person obliged to support an orphan, or an insane or other indigent person unjustly refuses to give support to the latter, any third person may furnish support to the needy individual, with right of reimbursement from the person obliged to give support. Although the donation is revoked on account of ingratitude, nevertheless, the alienations and mortgages effected before the notation of the complaint for revocation in the Registry of Property shall subsist. ARTICLE 2229. An assignee becomes a substituted limited partner when the certificate is appropriately amended in accordance with article 1865. In the foregoing cases, if the movables to which the lien or preference attaches have been wrongfully taken, the creditor may demand them from any possessor, within thirty days from the unlawful seizure. Where one of the parties to an illegal contract is incapable of giving consent, the courts may, if the interest of justice so demands allow recovery of money or property delivered by the incapacitated person. If a credit should be assigned as collectible, the co-heirs shall not be liable for the subsequent insolvency of the debtor of the estate, but only for his insolvency at the time the partition is made. (n), ARTICLE 2098. Against this presumption no evidence shall be admitted other than that of the physical impossibility of the husband’s having access to his wife within the first one hundred and twenty days of the three hundred which preceded the birth of the child. When the agreement is not illegal per se but is merely prohibited, and the prohibition by the law is designed for the protection of the plaintiff, he may, if public policy is thereby enhanced, recover what he has paid or delivered. If he accepts the whole area, he must pay for the same at the contract rate. ARTICLE 1319. ARTICLE 932. Support in the cases referred to in the preceding article shall be reduced or increased proportionately, according to the reduction or increase of the needs of the recipient and the resources of the person obliged to furnish the same. The creditor is not bound to accept payment or performance by a third person who has no interest in the fulfillment of the obligation, unless there is a stipulation to the contrary. ARTICLE 594. The time for the prescription of actions which have for their object the enforcement of obligations to pay principal with interest or annuity runs from the last payment of the annuity or of the interest. The husband may dispose of the conjugal partnership property for the purposes specified in articles 161 and 162. Without prejudice to his obligation toward the sublessor, the sublessee is bound to the lessor for all acts which refer to the use and preservation of the thing leased in the manner stipulated between the lessor and the lessee. The owners of adjoining lands shall also have the right of redemption when a piece of rural land, the area of which does not exceed one hectare, is alienated, unless the grantee does not own any rural land. (n) acd, ARTICLE 2042. (n), ARTICLE 2122. Whenever the private document in which the debt appears is found in the possession of the debtor, it shall be presumed that the creditor delivered it voluntarily, unless the contrary is proved. The contract of pledge or mortgage may secure all kinds of obligations, be they pure or subject to a suspensive or resolutory condition. (956a), ARTICLE 1012. The parents of the female seduced, abducted, raped, or abused, referred to in No. During the pendency of legal separation proceedings the court shall make provision for the care of the minor children in accordance with the circumstances, and may order the conjugal partnership property or the income therefrom to be set aside for their support; and in default thereof said minor children shall be cared for in conformity with the provisions of this Code; but the Court shall abstain from making any order in this respect in case the parents have by mutual agreement, made provision for the care of said minor children and these are, in the judgment of the court, well cared for. The following persons shall exercise substitute parental authority: (3) Heads of children’s homes, orphanages, and similar institutions; (4) Directors of trade establishments, with regard to apprentices; ARTICLE 350. If he has been authorized to lend money at interest, he cannot borrow it without the consent of the principal. (n), ARTICLE 2112. (1100a), ARTICLE 1170. (540a), ARTICLE 624. (862a), ARTICLE 931. By such a sale the buyer becomes owner in common of such a share of the mass as the number, weight or measure bought bears to the number, weight or measure of the mass. The agent is responsible not only for fraud, but also for negligence, which shall be judged with more or less rigor by the courts, according to whether the agency was or was not for a compensation. Every act which is intended to put an end to indivision among co-heirs and legatees or devisees is deemed to be a partition, although it should purport to be a sale, an exchange, a compromise, or any other transaction. He who builds, plants or sows in bad faith on the land of another, loses what is built, planted or sown without right to indemnity. ARTICLE 1623. The co-debtors, guarantors and sureties shall be released. The following are also considered as personal property: (1) Obligations and actions which have for their object movables or demandable sums; and, (2) Shares of stock of agricultural, commercial and industrial entities, although they may have real estate. The provisions of this article shall not be applicable, unless the payment has been made in virtue of a judicial demand or unless the principal debtor is insolvent. (849), ARTICLE 917. Natural obligations, not being based on positive law but on equity and natural law, do not grant a right of action to enforce their performance, but after voluntary fulfillment by the obligor, they authorize the retention of what has been delivered or rendered by reason thereof. (323a), ARTICLE 406. The debtor who, before having knowledge of the assignment, pays his creditor shall be released from the obligation. (n), ARTICLE 521. Reformation may be ordered at the instance of either party or his successors in interest, if the mistake was mutual; otherwise, upon petition of the injured party, or his heirs and assigns. The remedies conferred by the first paragraph shall not be deemed exclusive of others which may exist. ARTICLE 255. EnIiid, If a new partition is made, it shall affect neither those who have not been prejudiced nor those have not received more than their just share. 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. (346a), ARTICLE 427. (1842a), ARTICLE 2071. (429a), ARTICLE 725. (n), ARTICLE 2265. Neither shall there be any partition when it is prohibited by law. The preceding paragraph shall apply when the testator has disposed of his property in favor of the poor of a definite locality. (195), ARTICLE 394. (473), ARTICLE 569. 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. If the officious manager delegates to another person all or some of his duties, he shall be liable for the acts of the delegate, without prejudice to the direct obligation of the latter toward the owner of the business. Failure to disclose facts, when there is a duty to reveal them, as when the parties are bound by confidential relations, constitutes fraud. ARTICLE 1493. Article 333, Chapter One, Title Eleven, Book II of Republic Act No. If the testator, heir, or legatee owns only a part of, or an interest in the thing bequeathed, the legacy or devise shall be understood limited to such part or interest, unless the testator expressly declares that he gives the thing in its entirety. When the choice has been expressly given to the creditor, the obligation shall cease to be alternative from the day when the selection has been communicated to the debtor. (1598a), ARTICLE 1731. The conditions of good faith required for possession in articles 526, 527, 528, and 529 of this Code are likewise necessary for the determination of good faith in the prescription of ownership and other real rights. One who validly renounces an inheritance is deemed never to have possessed the same. (1277), ARTICLE 1355. (1107a). (n), ARTICLE 1059. Responsibility for fault or negligence under the preceding article is entirely separate and distinct from the civil liability arising from negligence under the Penal Code. The legitimation of children who died before the celebration of the marriage shall benefit their descendants. When partnership property is attached for a partnership debt the partners, or any of them, or the representatives of a deceased partner, cannot claim any right under the homestead or exemption laws; (4) A partner’s right in specific partnership property is not subject to legal support under article 291. The same rule shall be observed with respect to implements, tools and other movable property necessary for an industry or vocation in which he is engaged. 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. 1 and 2 of this article, with the consent of the retired partners or the representative of the deceased partner, but without any assignment of his right in partnership property; (4) When all the partners or their representatives assign their rights in partnership property to one or more third persons who promise to pay the debts and who continue the business of the dissolved partnership; (5) When any partner wrongfully causes a dissolution and the remaining partners continue the business under the provisions of article 1837, second paragraph, No. (171a), ARTICLE 333. The lessor cannot alter the form of the thing leased in such a way as to impair the use to which the thing is devoted under the terms of the lease. What is adultery? (520), ARTICLE 611. ARTICLE 684. ARTICLE 811. ARTICLE 138. The Code also penalizes other acts which are considered criminal in the Philippines, such as adultery, concubinage, and abortion. (2) Receive from a general partner or the partnership any payment, conveyance, or release from liability, if at the time the assets of the partnership are not sufficient to discharge partnership liabilities to persons not claiming as general or limited partners. The possession of movable property acquired in good faith is equivalent to a title. ARTICLE 2170. The period of prescription for the acquisition of an easement of light and view shall be counted: (1) From the time of the opening of the window, if it is through a party wall; or, (2) From the time of the formal prohibition upon the proprietor of the adjoining land or tenement, if the window is through a wall on the dominant estate. With regard to the formation of the inventory, rules for appraisal and sale of property of the conjugal partnership, and other matters which are not expressly determined in the present Chapter, the Rules of Court on the administration of estates of deceased persons shall be observed. (1438). ARTICLE 1412. The hotel-keeper is not liable for compensation if the loss is due to the acts of the guest, his family, servants or visitors, or if the loss arises from the character of the things brought into the hotel. The partnership books shall be kept, subject to any agreement between the partners, at the principal place of business of the partnership, and every partner shall at any reasonable hour have access to and may inspect and copy any of them. Between persons who are absent, the acceptance of the agency cannot be implied from the silence of the agent, except: (1) When the principal transmits his power of attorney to the agent, who receives it without any objection; (2) When the principal entrusts to him by letter or telegram a power of attorney with respect to the business in which he is habitually engaged as an agent, and he did not reply to the letter or telegram. The enumeration of the following cases of implied trust does not exclude others established by the general law of trust, but the limitation laid down in article 1442 shall be applicable. Changes made and new provisions and rules laid down by this Code which may prejudice or impair vested or acquired rights in accordance with the old legislation shall have no retroactive effect. The agent who acts as such is not personally liable to the party with whom he contracts, unless he expressly binds himself or exceeds the limits of his authority without giving such party sufficient notice of his powers. 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. (n), ARTICLE 2111. Except in cases specified by law, lesion or inadequacy of cause shall not invalidate a contract, unless there has been fraud, mistake or undue influence. (511), ARTICLE 602. ARTICLE 1527. (1807a), ARTICLE 2027. She may also administer the conjugal partnership in other cases specified in this Code. It is not necessary that such damages have been foreseen or could have reasonably been foreseen by the defendant. ARTICLE 99. (407). The owner of the dominant estate cannot use the easement except for the benefit of the immovable originally contemplated. (n), ARTICLE 1919. ARTICLE 2051. ARTICLE 224. 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. When the work is of such a nature that the portion which the lessee and his family need for their dwelling becomes uninhabitable, he may rescind the contract if the main purpose of the lease is to provide a dwelling place for the lessee. (1678), Obligations of the Partners Among Themselves, ARTICLE 1784. (867a). (1061). (n). (2) For any unpaid contribution which he agreed in the certificate to make in the future at the time and on the conditions stated in the certificate. If the fault is also punished by the previous legislation, the less severe sanction shall be applied. (n), ARTICLE 1675. The family home may also be set up by an unmarried person who is the head of a family or household. (1766a), ARTICLE 1973. In case of loss, deterioration or improvement of the thing before its delivery, the rules in article 1189 shall be observed, the vendor being considered the debtor. ARTICLE 1057. (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. Should brothers and sisters survive together with nephews and nieces, who are the children of the descendant’s brothers and sisters of the full blood, the former shall inherit per capita, and the latter per stirpes. Should there have been no fruits at the time of the sale, and some exist at the time of redemption, they shall be prorated between the redemptioner and the vendee, giving the latter the part corresponding to the time he possessed the land in the last year, counted from the anniversary of the date of the sale. (n), ARTICLE 1395. ARTICLE 33. If the price of the sale is more than said amount, the debtor shall not be entitled to the excess, unless it is otherwise agreed. The donees, devisees and legatees, who are not entitled to the legitime and the creditors of the deceased can neither ask for the reduction nor avail themselves thereof. (1184a), ARTICLE 1267. (2) The partners who have not caused the dissolution wrongfully, if they all desire to continue the business in the same name either by themselves or jointly with others, may do so, during the agreed term for the partnership and for that purpose may possess the partnership property, provided they secure the payment by bond approved by the court, or pay any partner who has caused the dissolution wrongfully, the value of his interest in the partnership at the dissolution, less any damages recoverable under the second paragraph, No. If in consequence of the enforcement of the action he acquires the thing claimed, the usufruct shall be limited to the fruits, the dominion remaining with the owner. (n). The parties may stipulate that ownership in the thing shall not pass to the purchaser until he has fully paid the price. They shall not prejudice third persons unless they are recorded in the Registry of Property. If each of the instituted heirs has been given an aliquot part of the inheritance, and the parts together exceed the whole inheritance, or the whole free portion, as the case may be, each part shall be reduced proportionally. 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. (1941), ARTICLE 1119. If the condition is casual or mixed, it shall be sufficient if it happen or be fulfilled at any time before or after the death of the testator, unless he has provided otherwise. Expenses for support, education, medical attendance, even in extraordinary illness, apprenticeship, ordinary equipment, or customary gifts are not subject to collation. This same presumption exists if the thing pledged is in the possession of a third person who has received it from the pledgor or owner after the constitution of the pledge. 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. ARTICLE 1855. An absolutely simulated or fictitious contract is void. (1404a), ARTICLE 159. (11a), ARTICLE 66. (320a), ARTICLE 403. A generic legacy of release or remission of debts comprises those existing at the time of the execution of the will, but not subsequent ones. The usage or custom of the place shall be borne in mind in the interpretation of the ambiguities of a contract, and shall fill the omission of stipulations which are ordinarily established. (1141a), ARTICLE 1213. (n), ARTICLE 2046. (1768a). Should the part repudiated be the legitime, the other co-heirs shall succeed to it in their own right, and not by the right of accretion. ARTICLE 148. A special power to sell excludes the power to mortgage; and a special power to mortgage does not include the power to sell. Nevertheless, an agreement to keep the thing undivided for a certain period of time, not exceeding ten years, shall be valid. The latter case shall be presumed when a team, yoke pair, or set is bought, even if a separate price has been fixed for each one of the animals composing the same. Prohibitive laws concerning persons, their acts or property, and those which have for their object public order, public policy and good customs shall not be rendered ineffective by laws or judgments promulgated, or by determinations or conventions agreed upon in a foreign country. If a widow or widower and legitimate children or descendants are left, the surviving spouse has in the succession the same share as that of each of the children. The former comprises all the business of the principal. (372a), ARTICLE 463. (1187). 1, the action for declaration of nullity may be brought by the spouse of the donor or donee; and the guilt of the donor and donee may be proved by preponderance of evidence in the same action. Any third person who induces another to violate his contract shall be liable for damages to the other contracting party. Real contracts, such as deposit, pledge and commodatum, are not perfected until the delivery of the object of the obligation. ARTICLE 473. The same rule applies to any amount he may have taken from the partnership coffers, and his liability shall begin from the time he converted the amount to his own use. ARTICLE 1652. ARTICLE 1442. If among persons having the same names and surnames, there is a similarity of circumstances in such a way that, even with the use of other proof, the person instituted cannot be identified, none of them shall be an heir. (1813). Where the goods have not been delivered to the buyer, and the buyer has repudiated the contract of sale, or has manifested his inability to perform his obligations thereunder, or has committed a breach thereof, the seller may totally rescind the contract of sale by giving notice of his election so to do to the buyer. In case either of the contracting parties is a widowed or divorced person, the same shall be required to furnish, instead of the baptismal or birth certificate required in the last preceding article, the death certificate of the deceased spouse or the decree of the divorce court, as the case may be. Proof of actual damages suffered by the creditor is not necessary in order that the penalty may be demanded. ARTICLE 770. The commission agent who does not collect the credits of his principal at the time when they become due and demandable shall be liable for damages, unless he proves that he exercised due diligence for that purpose. The owner of a thing cannot make use thereof in such manner as to injure the rights of a third person. (1588a), ARTICLE 1714. (n). (40a), ARTICLE 51. (1730), ARTICLE 1915. When the landowner acted in bad faith and the builder, planter or sower proceeded in good faith, the provisions of article 447 shall apply. Obligations arise from: Liaiim, (4) Acts or omissions punished by law; and, ARTICLE 1158. Nevertheless, the creditor may bring the actions which pertain to the owner of the thing pledged in order to recover it from, or defend it against a third person. ARTICLE 1835. (357), Right of Accession with Respect to Immovable Property, ARTICLE 445. Ownership and other real rights over property are acquired and transmitted by law, by donation, by testate and intestate succession, and in consequence of certain contracts, by tradition. He cannot, however, directly or indirectly buy the goods. (479), ARTICLE 572. (1971). The bailee is obliged to pay for the ordinary expenses for the use and preservation of the thing loaned. However, he may provide in his will that the family home shall be subject to payment of debts not specified in article 243. (n), ARTICLE 1284. ARTICLE 1021. (841a), ARTICLE 1001. (1454a), ARTICLE 1483. To determine the legitime, the value of the property left at the death of the testator shall be considered, deducting all debts and charges, which shall not include those imposed in the will. The marriage so contracted shall be valid in any of the three cases until declared null and void by a competent court. Acts of Lasciviousness R EVISED O RTEGA L ECTURE N OTES ON C RIMINAL L AW 229 Under this article, the offended party may be a man or a woman. For the purposes of this article, the wife’s adultery need not be proved in a criminal case. Contracts take effect only between the parties, their assigns and heirs, except in case where the rights and obligations arising from the contract are not transmissible by their nature, or by stipulation or by provision of law. (1495). The contributions of a limited partner may be cash or property, but not services. If the plaintiff’s property has been insured, and he has received indemnity from the insurance company for the injury or loss arising out of the wrong or breach of contract complained of, the insurance company shall be subrogated to the rights of the insured against the wrongdoer or the person who has violated the contract. (999a). Attorney’s fees and expenses incurred in the litigation shall be charged to the conjugal partnership property, unless the action fails. He cannot complain of the reasonable requirements of aerial navigation. Even though forbidden by the testator, the co-ownership terminates when any of the causes for which partnership is dissolved takes place, or when the court finds for compelling reasons that division should be ordered, upon petition of one of the co-heirs. Section 2. 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: (1) When he was not given the power to appoint one; (2) When he was given such power, but without designating the person, and the person appointed was notoriously incompetent or insolvent. ARTICLE 1035. (611), ARTICLE 716. A limited partner may receive from the partnership the share of the profits or the compensation by way of income stipulated for in the certificate; provided, that after such payment is made, whether from the property of the partnership or that of a general partner, the partnership assets are in excess of all liabilities of the partnership except liabilities to limited partners on account of their contributions and to general partners. (n), ARTICLE 1334. The ownership, administration, possession and enjoyment of the common property belong to both spouses jointly. Should there be more than one of equal degree belonging to the same line they shall divide the inheritance per capita; should they be of different lines but of equal degree, one-half shall go to the paternal and the other half to the maternal ascendants. (1528). ARTICLE 939. (519), ARTICLE 610. ARTICLE 1481. (1270), ARTICLE 1345. No part-owner may, without the consent of the others, open through the party wall any window or aperture of any kind. (2) Subsequently, but within a sufficient time before the statement was relied upon to enable him to cancel or amend the certificate, or to file a petition for its cancellation or amendment as provided in article 1865. 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. The vendor shall be responsible for warranty against the hidden defects which the thing sold may have, should they render it unfit for the use for which it is intended, or should they diminish its fitness for such use to such an extent that, had the vendee been aware thereof, he would not have acquired it or would have given a lower price for it; but said vendor shall not be answerable for patent defects or those which may be visible, or for those which are not visible if the vendee is an expert who, by reason of his trade or profession, should have known them. (n). The obligation of the guarantor is extinguished at the same time as that of the debtor, and for the same causes as all other obligations. A contract of sale of animals shall also be void if the use or service for which they are acquired has been stated in the contract and they are found to be unfit therefor. (1) Those who have legitimate, legitimated, acknowledged natural children, or natural children by legal fiction; (2) The guardian, with respect to the ward, before the final approval of his accounts; (3) A married person, without the consent of the other spouse; (5) Resident aliens with whose government the Republic of the Philippines has broken diplomatic relations; (6) Any person who has been convicted of a crime involving moral turpitude, when the penalty imposed was six months’ imprisonment or more. If solidarity has been agreed upon, each of the agents is responsible for the non-fulfillment of the agency, and for the fault or negligence of his fellows agents, except in the latter case when the fellow agents acted beyond the scope of their authority. The contributory negligence of the passenger does not bar recovery of damages for his death or injuries, if the proximate cause thereof is the negligence of the common carrier, but the amount of damages shall be equitably reduced. 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