All property brought by the wife to the marriage, as well as all property she acquires during the marriage, in accordance with article 148, is paraphernal. The legitime of each of the acknowledged natural children and each of the natural children by legal fiction shall consist of one-half of the legitime of each of the legitimate children or descendants. (1201), Article 1290. If legitimate ascendants, the surviving spouse, and illegitimate children are left, the ascendants shall be entitled to one-half of the inheritance, and the other half shall be divided between the surviving spouse and the illegitimate children so that such widow or widower shall have one-fourth of the estate, and the illegitimate children the other fourth. Article 484. Article 1772. (1567). Nevertheless, in case the thing united for the use, embellishment or perfection of the other, is much more precious than the principal thing, the owner of the former may demand its separation, even though the thing to which it has been incorporated may suffer some injury. 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 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. In the case of the preceding article, if it is the land of the grantor that becomes isolated, he may demand a right of way after paying a indemnity. Obligations derived from quasi-contracts shall be subject to the provisions of Chapter 1, Title XVII, of this Book. Article 1766. When the testator institutes some heirs individually and others collectively as when he says, "I designate as my heirs A and B, and the children of C," those collectively designated shall be considered as individually instituted, unless it clearly appears that the intention of the testator was otherwise. Article 91. If the same thing should have been sold to different vendees, the ownership shall be transferred to the person who may have first taken possession thereof in good faith, if it should be movable property. Article 100. Should the agent have advanced them, the principal must reimburse him therefor, even if the business or undertaking was not successful, provided the agent is free from all fault. Where the seller of goods draws on the buyer for the price and transmits the bill of exchange and bill of lading together to the buyer to secure acceptance or payment of the bill of exchange, the buyer is bound to return the bill of lading if he does not honor the bill of exchange, and if he wrongfully retains the bill of lading he acquires no added right thereby. If the things found be of interest to science or the arts, the State may acquire them at their just price, which shall be divided in conformity with the rule stated. A mere expression of an opinion does not signify fraud, unless made by an expert and the other party has relied on the former's special knowledge. (373a), SECTION 3Right of Accession with Respect to Movable Property, Article 466. The last paragraph of article 2085, and articles 2089 to 2091 are applicable to this contract. (1) By merger in the same person of the ownership of the dominant and servient estates; (2) By nonuser for ten years; with respect to discontinuous easements, this period shall be computed from the day on which they ceased to be used; and, with respect to continuous easements, from the day on which an act contrary to the same took place; (3) When either or both of the estates fall into such condition that the easement cannot be used; but it shall revive if the subsequent condition of the estates or either of them should again permit its use, unless when the use becomes possible, sufficient time for prescription has elapsed, in accordance with the provisions of the preceding number; (4) By the expiration of the term or the fulfillment of the condition, if the easement is temporary or conditional; (5) By the renunciation of the owner of the dominant estate; (6) By the redemption agreed upon between the owners of the dominant and servient estates. In order that the right of accretion may take place in a testamentary succession, it shall be necessary: (1) That two or more persons be called to the same inheritance, or to the same portion thereof, pro indiviso; and, (2) That one of the persons thus called die before the testator, or renounce the inheritance, or be incapacitated to receive it. The marriage certificate in which the contracting parties shall state that they take each other as husband and wife, shall also contain: (1) The full names and domiciles of the contracting parties; (3) A statement that the proper marriage license has been issued according to law and that the contracting parties have the consent of their parents in case the male is under twenty or the female under eighteen years of age; and, (4) A statement that the guardian or parent has been informed of the marriage, if the male is between the ages of twenty and twenty-five years, and the female between eighteen and twenty-three years of age. Article 1629. But the real right of possession is not lost till after the lapse of ten years. Article 175. In case of death of or injuries to passengers, common carriers are presumed to have been at fault or to have acted negligently, unless they prove that they observed extraordinary diligence as prescribed in articles 1733 and 1755. 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. Whoever in bad faith accepts an undue payment, shall pay legal interest if a sum of money is involved, or shall be liable for fruits received or which should have been received if the thing produces fruits. 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. In case both parties have committed a breach of the obligation, the liability of the first infractor shall be equitably tempered by the courts. In case there is a separation of property, by stipulation in the marriage settlements, the husband and wife shall contribute proportionately to the family expenses. Article 877. Article 2214. Every renunciation or compromise as regards a future legitime between the person owing it and his compulsory heirs is void, and the latter may claim the same upon the death of the former; but they must bring to collation whatever they may have received by virtue of the renunciation or compromise. Creditors, mortgagees and all other persons who have an interest in the estate shall be notified of the petition, and given an opportunity to present their objections thereto. Article 1438. If only one legitimate child or descendant of the deceased survives, the widow or widower shall be entitled to one-fourth of the hereditary estate. Article 1797. One who recovers possession shall not be obliged to pay for improvements which have ceased to exist at the time he takes possession of the thing. (2) The legal interests thereon from the time the payment was made known to the debtor, even though it did not earn interest for the creditor; (3) The expenses incurred by the guarantor after having notified the debtor that payment had been demanded of him; Article 2067. Contracts validly agreed upon may be rescinded in the cases established by law. In the lease of work or service, one of the parties binds himself to execute a piece of work or to render to the other some service for a price certain, but the relation of principal and agent does not exist between them. Article 1405. (n), Article 1960. Each one of the solidary creditors may do whatever may be useful to the others, but not anything which may be prejudicial to the latter. Article 352. (n), Article 1587. 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 painting and sculpture, writings, printed matter, engraving and lithographs, the board, metal, stone, canvas, paper or parchment shall be deemed the accessory thing. When the civil action is based on an obligation not arising from the act or omission complained of as a felony, such civil action may proceed independently of the criminal proceedings and regardless of the result of the latter. These expenses shall be met first from the conjugal property, then from the husband's capital, and lastly from the wife's paraphernal property. The person who has reached majority is qualified for all acts of civil life, save the exceptions established by this Code in special cases. Article 1252. (1147a), Article 1222. The amount mentioned in article 231 thus received by the person who has established the family home, or as much thereof as the court may determine, shall be invested in constitution of a new family home. The donation shall be revoked at the instance of the donor, when the donee fails to comply with any of the conditions which the former imposed upon the latter. (785a), Article 868. The instrument proving the right pledged shall be delivered to the creditor, and if negotiable, must be indorsed. (871). The debtor cannot reacquire the enjoyment of the immovable without first having totally paid what he owes the creditor. (n), Article 1605. (29a), Article 84. A general renunciation of rights is understood to refer only to those that are connected with the dispute which was the subject of the compromise. For the reduction of donations the provisions of this Chapter and of articles 911 and 912 of this Code shall govern. Article 378. He cannot complain of the reasonable requirements of aerial navigation. 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. All acts of the substitute appointed against the prohibition of the principal shall be void. Article 259. In such cases, the right of the parties stated in the following article cannot be exercised. Article 482. (1569a), Article 1674. She may purchase things necessary for the support of the family, and the conjugal partnership shall be bound thereby. (n), Article 1563. Article 1636. Article 1814. (1854a), Article 2083. (1451a). Commodatum is purely personal in character. If it be necessary for such purpose to occupy lands of private ownership, the proper indemnity shall first be paid. 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. If both the winner and the loser have perpetrated fraud, no action for recovery can be brought by either. The pledgee is bound to advise the pledgor, without delay, of any danger to the thing pledged. (1874a). No interest shall be due unless it has been expressly stipulated in writing. (413), Article 509. Article 1617. (n), Article 1958. (1850), Article 2079. Every partner is an agent of the partnership for the purpose of its business, and the act of every partner, including the execution in the partnership name of any instrument, for apparently carrying on in the usual way the business of the partnership of which he is a member binds the partnership, unless the partner so acting has in fact no authority to act for the partnership in the particular matter, and the person with whom he is dealing has knowledge of the fact that he has no such authority. Article 827. (1461a), Article 1496. The relations between capital and labor are not merely contractual. The persons in whose favor the law establishes a mortgage have no other right than to demand the execution and the recording of the document in which the mortgage is formalized. There is no warranty against hidden defects of animals sold at fairs or at public auctions, or of live stock sold as condemned. If the owner has not pursued the swarm, or ceases to do so within two consecutive days, the possessor of the land may occupy or retain the same. (n), CHAPTER 4Authority to Solemnize Marriages, Article 92. Natural children by legal fiction are under the joint authority of the father and mother, as provided in the first paragraph of this article. (640a). (362), Article 450. (817). Article 205. The redhibitory action, based on the faults or defects of animals, must be brought within forty days from the date of their delivery to the vendee. When the business of a partnership after dissolution is continued under any conditions set forth in this article the creditors of the dissolved partnership, as against the separate creditors of the retiring or deceased partner or the representative of the deceased partner, have a prior right to any claim of the retired partner or the representative of the deceased partner against the person or partnership continuing the business, on account of the retired or deceased partner's interest in the dissolved partnership or on account of any consideration promised for such interest or for his right in partnership property. As to matters not provided for in this Code, judicial sequestration shall be governed by the Rules of Court. The proceeds of the sale shall be applied in the following order: (1) To the amount mentioned in article 231; The excess, if any, belongs to the person constituting the family home. (n), Article 1886. (1142a). In no case shall corporal punishment be countenanced. Illegal or impossible conditions in simple and remuneratory donations shall be considered as not imposed. The excess, should there be any, shall in no case pertain to the renouncer, but shall be adjudicated to the persons to whom, in accordance with the rules established in this Code, it may belong. Article 1873. (n), Article 2004. Any sum of money obtained through an encumbrance on the family home shall be used in the interest of the beneficiaries. (1289), Article 1379. Article 271. A creditor whose debtor is the owner of a negotiable document of title shall be entitled to such aid from courts of appropriate jurisdiction by injunction and otherwise in attaching such document or in satisfying the claim by means thereof as is allowed at law or in equity in regard to property which cannot readily be attached or levied upon by ordinary legal process. (558), Article 644. (n), Article 2111. The obligation of a person who borrows money shall be governed by the provisions of articles 1249 and 1250 of this Code. (1922a). Reversion may be validly established in favor of only the donor for any case and circumstances, but not in favor of other persons unless they are all living at the time of the donation. The court may also appoint a guardian of the child's property in case the father should contract a subsequent marriage. Ratification may be effected expressly or tacitly. However, persons who are capable cannot allege the incapacity of those with whom they contracted; nor can those who exerted intimidation, violence, or undue influence, or employed fraud, or caused mistake base their action upon these flaws of the contract. (n), Article 1904. With regard to the right of the owner to recover personal property lost or of which he has been illegally deprived, as well as with respect to movables acquired in a public sale, fair, or market, or from a merchant's store the provisions of articles 559 and 1505 of this Code shall be observed. (1579a), Article 1685. (1779a), Article 1993. The following persons cannot acquire by purchase, even at a public or judicial auction, either in person or through the mediation of another: (1) The guardian, the property of the person or persons who may be under his guardianship; (2) Agents, the property whose administration or sale may have been intrusted to them, unless the consent of the principal has been given; (3) Executors and administrators, the property of the estate under administration; (4) Public officers and employees, the property of the State or of any subdivision thereof, or of any government-owned or controlled corporation, or institution, the administration of which has been intrusted to them; this provision shall apply to judges and government experts who, in any manner whatsoever, take part in the sale; (5) Justices, judges, prosecuting attorneys, clerks of superior and inferior courts, and other officers and employees connected with the administration of justice, the property and rights in litigation or levied upon an execution before the court within whose jurisdiction or territory they exercise their respective functions; this prohibition includes the act of acquiring by assignment and shall apply to lawyers, with respect to the property and rights which may be the object of any litigation in which they may take part by virtue of their profession; (6) Any others specially disqualified by law. If the agent contracts in the name of the principal, exceeding the scope of his authority, and the principal does not ratify the contract, it shall be void if the party with whom the agent contracted is aware of the limits of the powers granted by the principal. If the one who caused the mixture or confusion acted in bad faith, he shall lose the thing belonging to him thus mixed or confused, besides being obliged to pay indemnity for the damages caused to the owner of the other thing with which his own was mixed. The contractor who undertakes to build a structure or any other work for a stipulated price, in conformity with plans and specifications agreed upon with the land-owner, can neither withdraw from the contract nor demand an increase in the price on account of the higher cost of labor or materials, save when there has been a change in the plans and specifications, provided: (1) Such change has been authorized by the proprietor in writing; and, (2) The additional price to be paid to the contractor has been determined in writing by both parties. (495), Article 588. It is presumed that there is legal subrogation: (1) When a creditor pays another creditor who is preferred, even without the debtor's knowledge; (2) When a third person, not interested in the obligation, pays with the express or tacit approval of the debtor; (3) When, even without the knowledge of the debtor, a person interested in the fulfillment of the obligation pays, without prejudice to the effects of confusion as to the latter's share. (1580a), Article 1687. Article 1258. The demand made against one of them shall not be an obstacle to those which may subsequently be directed against the others, so long as the debt has not been fully collected. If the latter should suffer any damage by reason of the withdrawal, the agent must indemnify him therefor, unless the agent should base his withdrawal upon the impossibility of continuing the performance of the agency without grave detriment to himself. In contracts, quasi-contracts, and quasi-delicts, the court may equitably mitigate the damages under circumstances other than the case referred to in the preceding article, as in the following instances: (1) That the plaintiff himself has contravened the terms of the contract; (2) That the plaintiff has derived some benefit as a result of the contract; (3) In cases where exemplary damages are to be awarded, that the defendant acted upon the advice of counsel; (4) That the loss would have resulted in any event; (5) That since the filing of the action, the defendant has done his best to lessen the plaintiff's loss or injury. If a person in representation of another sells or alienates a thing, the former cannot subsequently set up his own title as against the buyer or grantee. (1576), Article 1682. (609a), Article 713. An adopted child succeeds to the property of the adopting parents in the same manner as a legitimate child. Article 366. Contracts agreed to in a state of drunkenness or during a hypnotic spell are voidable. (1880a), Article 2132. When the property delivered or money paid belongs to a third person, the payee shall comply with the provisions of article 1984. The fixing of the price can never be left to the discretion of one of the contracting parties. It is presumed that possession continues to be enjoyed in the same character in which it was acquired, until the contrary is proved. BATASnatin Legal Services "Excellence is our Standard" Mobile Globe: +63 (915) 954-6080Mobile Smart: +63 (949) 589-8377Landline: (632) 359-4203 Email: [email protected] 2nd Floor LC Building, 31 Gen. Luna St., Tuktukan The bailor may demand the thing at will, and the contractual relation is called a precarium, in the following cases: (1) If neither the duration of the contract nor the use to which the thing loaned should be devoted, has been stipulated; or, (2) If the use of the thing is merely tolerated by the owner. (1865a), Article 2097. (934a), Article 982. (847a). (n), Article 1340. (1504a), Article 1593. Article 764. (36a), Article 96. If the payer was in doubt whether the debt was due, he may recover if he proves that it was not due. (n), Article 1842. Its nature, consequences and incidents are governed by law and not subject to stipulation, except that the marriage settlements may to a certain extent fix the property relations during the marriage. 158A ), CHAPTER 3Effects of the partnership although the obligation be complied with injured recover. More on chance or hazard than or skill or ability is subrogated to all the rights previously by... Or industrial fruits are deemed to have accepted the inheritance shall always inherit from him not borrow without! Demand by the usury law and not successively a document gives the proper indemnity shall that! It in the annexes of the latter shall leave the former in force to date with significant! 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