(n), Article 1472. When the price of any article or commodity is determined by statute, or by authority of law, any person paying any amount in excess of the maximum price allowed may recover such excess. However, the payment of debts contracted by the husband or the wife before the marriage, and that of fines and indemnities imposed upon them, may be enforced against the partnership assets after the responsibilities enumerated in article 161 have been covered, if the spouse who is bound should have no exclusive property or if it should be insufficient; but at the time of the liquidation of the partnership such spouse shall be charged for what has been paid for the purpose above-mentioned. Revocation of Wills and Testamentary Dispositions, Article 828. Actions prescribe by the mere lapse of time fixed by law. When the plaintiff's own negligence was the immediate and proximate cause of his injury, he cannot recover damages. (1955a), Article 1133. (n). (1100a), Article 1170. An heir is a person called to the succession either by the provision of a will or by operation of law. (813a), Article 873. Whenever by provision of the law, or an individual declaration, the expression "immovable things or property," or "movable things or property," is used, it shall be deemed to include, respectively, the things enumerated in Chapter 1 and Chapter 2. Through estoppel an admission or representation is rendered conclusive upon the person making it, and cannot be denied or disproved as against the person relying thereon. The person who has reached majority is qualified for all acts of civil life, save the exceptions established by this Code in special cases. If the right of way is permanent, the necessary repairs shall be made by the owner of the dominant estate. (786), Article 869. Article 2107. (1891a). When the widow or widower survives with legitimate children or descendants, and acknowledged natural children, or natural children by legal fiction, such surviving spouse shall be entitled to a portion equal to the legitime of each of the legitimate children which must be taken from that part of the estate which the testator can freely dispose of. Article 1093. (1556), Article 1660. If two or more solidary debtors offer to pay, the creditor may choose which offer to accept. These expenses shall be met first from the conjugal property, then from the husband's capital, and lastly from the wife's paraphernal property. (1401), Article 154. (546a), Article 632. Article 1780. Voluntary heirs upon whom some condition has been imposed cannot demand a partition until the condition has been fulfilled; but the other co-heirs may demand it by giving sufficient security for the rights which the former may have in case the condition should be complied with, and until it is known that the condition has not been fulfilled or can never be complied with, the partition shall be understood to be provisional. All services which are not contrary to law, morals, good customs, public order or public policy may likewise be the object of a contract. The vendee is subrogated to the vendor's rights and actions. In the cases of articles 1561, 1562, 1564, 1565 and 1566, the vendee may elect between withdrawing from the contract and demanding a proportionate reduction of the price, with damages in either case. The amount of the principal and of the interest shall be specified in writing; otherwise, the contract of antichresis shall be void. (1483a), SUBSECTION 2. Alienations by onerous title are also presumed fraudulent when made by persons against whom some judgment has been issued. The validity of the negotiation of a negotiable document of title is not impaired by the fact that the negotiation was a breach of duty on the part of the person making the negotiation, or by the fact that the owner of the document was deprived of the possession of the same by loss, theft, fraud, accident, mistake, duress, or conversion, if the person to whom the document was negotiated or a person to whom the document was subsequently negotiated paid value therefor in good faith without notice of the breach of duty, or loss, theft, fraud, accident, mistake, duress or conversion. In contracts creating real rights, third persons who come into possession of the object of the contract are bound thereby, subject to the provisions of the Mortgage Law and the Land Registration Laws. Article 1439. Creditors and all other persons interested in making the prescription effective may avail themselves thereof notwithstanding the express or tacit renunciation by the debtor or proprietor. (1282), Article 1372. Ignorance of the law excuses no one from compliance therewith. Article 44. However, if in the meantime, he should have urgent need of the thing, he may demand its return or temporary use. Codicils and Incorporation by Reference, Article 825. (1729), Article 1914. Those who put their labor upon or furnish materials for a piece of work undertaken by the contractor have an action against the owner up to the amount owing from the latter to the contractor at the time the claim is made. Was the BIR correct? The losses and profits shall be distributed in conformity with the agreement. Article 365. In the sale of animals with redhibitory defects, the vendee shall also enjoy the right mentioned in article 1567; but he must make use thereof within the same period which has been fixed for the exercise of the redhibitory action. (875a), Article 942. Such estate shall be for the benefit of public schools, and public charitable institutions and centers, in such municipalities or cities. If a person legally entitled to the estate of the deceased appears and files a claim thereto with the court within five years from the date the property was delivered to the State, such person shall be entitled to the possession of the same, or if sold, the municipality or city shall be accountable to him for such part of the proceeds as may not have been lawfully spent. 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. Article 2174. If the payer was in doubt whether the debt was due, he may recover if he proves that it was not due. 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. Article 104. (n), Article 1268. (4a), Article 57. (1768a). When dissolution is caused in contravention of the partnership agreement the rights of the partners shall be as follows: (1) Each partner who has not caused dissolution wrongfully shall have: (a) All the rights specified in the first paragraph of this article, and. Article 1153. In no case shall corporal punishment be countenanced. If, the consignation having been made, the creditor should authorize the debtor to withdraw the same, he shall lose every preference which he may have over the thing. 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. In crimes, the damages to be adjudicated may be respectively increased or lessened according to the aggravating or mitigating circumstances. If the law requires a document or other special form, as in the acts and contracts enumerated in the following article, the contracting parties may compel each other to observe that form, once the contract has been perfected. If two parties agree upon the mortgage or pledge of real or personal property, but the instrument states that the property is sold absolutely or with a right of repurchase, reformation of the instrument is proper. All contracts by virtue of which the debtor alienates property by gratuitous title are presumed to have been entered into in fraud of creditors, when the donor did not reserve sufficient property to pay all debts contracted before the donation. Illegitimate children other than natural in accordance with article 269 and other than natural children by legal fiction are entitled to support and such successional rights as are granted in this Code. (1294), Art. (479), Article 572. The contractor is likewise responsible for the damages if the edifice falls, within the same period, on account of defects in the construction or the use of materials of inferior quality furnished by him, or due to any violation of the terms of the contract. Two or more persons may be substituted for one; and one person for two or more heirs. (1895), Article 2155. (28a). If at the time of the execution of the sale there should be on the land, visible or growing fruits, there shall be no reimbursement for or prorating of those existing at the time of redemption, if no indemnity was paid by the purchaser when the sale was executed. If the original obligation was subject to a suspensive or resolutory condition, the new obligation shall be under the same condition, unless it is otherwise stipulated. The father and the mother have, with respect to their unemancipated children: (1) The duty to support them, to have them in their company, educate and instruct them in keeping with their means, and to represent them in all actions which may redound to their benefit; (2) The power to correct them and to punish them moderately. Unless a lease is recorded, it shall not be binding upon third persons. (n), Article 1821. In order to judge the intention of the contracting parties, their contemporaneous and subsequent acts shall be principally considered. As to lands registered under the Land Registration Act, the provisions of that special law shall govern. If the testator leaves illegitimate children, the surviving spouse shall be entitled to one-third of the hereditary estate of the deceased and the illegitimate children to another third. In a contract where both parties are incapable of giving consent, express or implied ratification by the parent, or guardian, as the case may be, of one of the contracting parties shall give the contract the same effect as if only one of them were incapacitated. 1349. Inheritance The proposal is towards equity. This action can only be exercised with respect to faults and defects which are determined by law or by local customs. Islands which through successive accumulation of alluvial deposits are formed in non-navigable and non-floatable rivers, belong to the owners of the margins or banks nearest to each of them, or to the owners of both margins if the island is in the middle of the river, in which case it shall be divided longitudinally in halves. A guaranty is not presumed; it must be express and cannot extend to more than what is stipulated therein. When a person, claiming to be injured by a criminal offense, charges another with the same, for which no independent civil action is granted in this Code or any special law, but the justice of the peace finds no reasonable grounds to believe that a crime has been committed, or the prosecuting attorney refuses or fails to institute criminal proceedings, the complaint may bring a civil action for damages against the alleged offender. Art. An agency couched in general terms comprises only acts of administration, even if the principal should state that he withholds no power or that the agent may execute such acts as he may consider appropriate, or even though the agency should authorize a general and unlimited management. A corporation or association authorized to conduct the business of a trust company in the Philippines may be appointed as an executor, administrator, guardian of an estate, or trustee, in like manner as an individual; but it shall not be appointed guardian of the person of a ward. (n), Article 1219. 2 of the preceding article shall not apply to the donor who has reserved the usufruct of the property donated, or to the parents who are usufructuaries of their children's property, except when the parents contract a second marriage. Article 253. (1165). In contracts creating real rights, third persons who come into possession of the object of the contract are bound thereby, subject to the provisions of the Mortgage Law and the Land Registration Laws. Otherwise, the donation shall be void. (538a), Article 622. (4) Where notice has not been given that a sale by auction is subject to a right to bid on behalf of the seller, it shall not be lawful for the seller to bid himself or to employ or induce any person to bid at such sale on his behalf or for the auctioneer, to employ or induce any person to bid at such sale on behalf of the seller or knowingly to take any bid from the seller or any person employed by him. (n). Things acquired by occupation, such as fishing and hunting, pertain to the conjugal partnership of gains. Interest cannot be recovered upon unliquidated claims or damages, except when the demand can be established with reasonable certainty. Article 1545. (n), Article 1111. Where, in pursuance of a contract of sale, the seller is authorized or required to send the goods to the buyer, delivery of the goods to a carrier, whether named by the buyer or not, for the purpose of transmission to the buyer is deemed to be a delivery of the goods to the buyer, except in the cases provided for in article 1503, first, second and third paragraphs, or unless a contrary intent appears. (503), Article 596. Article 231. Article 1788. (840a), Article 896. (956a), Article 1014. (n), Article 432. It is presumed that possession continues to be enjoyed in the same character in which it was acquired, until the contrary is proved. (1464), Article 1502. Art. (355a), Article 443. (989) Art. (413a), Article 525. (n), Article 288. (1789a), Article 2010. The transfer of title shall not be held to have been rescinded by an unpaid seller until he has manifested by notice to the buyer or by some other overt act an intention to rescind. Children are obliged to obey their parents so long as they are under parental power, and to observe respect and reverence toward them always. In the following cases an agreement hereafter made shall be unenforceable by action, unless the same, or some note or memorandum, thereof, be in writing, and subscribed by the party charged, or by his agent; evidence, therefore, of the agreement cannot be received without the writing, or a secondary evidence of its contents: (a) An agreement that by its terms is not to be performed within a year from the making thereof; (b) A special promise to answer for the debt, default, or miscarriage of another; (c) An agreement made in consideration of marriage, other than a mutual promise to marry; (d) An agreement for the sale of goods, chattels or things in action, at a price not less than five hundred pesos, unless the buyer accept and receive part of such goods and chattels, or the evidences, or some of them, of such things in action or pay at the time some part of the purchase money; but when a sale is made by auction and entry is made by the auctioneer in his sales book, at the time of the sale, of the amount and kind of property sold, terms of sale, price, names of the purchasers and person on whose account the sale is made, it is a sufficient memorandum; (e) An agreement of the leasing for a longer period than one year, or for the sale of real property or of an interest therein; (f) A representation as to the credit of a third person. Misrepresentation made in good faith is not fraudulent but may constitute error. Article 1057. The title for prescription must be true and valid. (1415a), Article 172. In the probate of a holographic will, it shall be necessary that at least one witness who knows the handwriting and signature of the testator explicitly declare that the will and the signature are in the handwriting of the testator. Art. (n). (n), Article 1282. The excussion shall not take place: (1) If the guarantor has expressly renounced it; (2) If he has bound himself solidarily with the debtor; (4) When he has absconded, or cannot be sued within the Philippines unless he has left a manager or representative; (5) If it may be presumed that an execution on the property of the principal debtor would not result in the satisfaction of the obligation. 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 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. (1774). The amount of the compensation is computed, on the one hand, by the duration of the delay and the amount of the compensation stipulated, and on the other hand, by what the contractor has saved in expenses by reason of the delay or is able to earn by a different employment of his time and industry. (1296a). However, such person so attesting shall be admitted as a witness as if such devise or legacy had not been made or given. A guaranty may also be given as security for future debts, the amount of which is not yet known; there can be no claim against the guarantor until the debt is liquidated. Article 1319. 1317. (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. 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. & Its Modifications, Book 3: Different Modes of Acquiring Ownership. Article 799. (439a). (n), Article 434. (n). When a person donates something, subject to the resolutory condition of the donor's survival, there is a donation inter vivos. (1567). (n), Article 737. (n), Art. (30a). The debtor in obligations to do shall also be released when the prestation becomes legally or physically impossible without the fault of the obligor. 2 of article 1657, as regards the use thereof. (n), Article 1826. 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. Article 1347. 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. When the lessor of a house, or part thereof, used as a dwelling for a family, or when the lessor of a store, or industrial establishment, also leases the furniture, the lease of the latter shall be deemed to be for the duration of the lease of the premises. (1467a). With the exception of the provisions of the preceding paragraphs, the usufructuary cannot cut down trees unless it be to restore or improve some of the things in usufruct, and in such case shall first inform the owner of the necessity for the work. Usufruct is constituted by law, by the will of private persons expressed in acts inter vivos or in a last will and testament, and by prescription. Article 137. (n), Article 1905. Gross inadequacy of price does not affect a contract of sale, except as it may indicate a defect in the consent, or that the parties really intended a donation or some other act or contract. 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. 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. (495), Article 588. In order that fraud may make a contract voidable, it should be serious and should not have been employed by both contracting parties. 774). Wedding gifts by parents and ascendants consisting of jewelry, clothing, and outfit, shall not be reduced as inofficious except insofar as they may exceed one-tenth of the sum which is disposable by will. (n). (378). (637). The debtor is liable with all his property, present and future, for the fulfillment of his obligations, subject to the exemptions provided by law. Article 967. Article 1853. Article 1435. Article 1404. (1258), Article 1316. The action to claim rescission must be commenced within four years. The amount of the bond and other terms shall be fixed by the competent public official. The agent may retain in pledge the things which are the object of the agency until the principal effects the reimbursement and pays the indemnity set forth in the two preceding articles. 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. Article 374. (n), Article 2188. (n), Article 1908. (1305). Article 1814. If the guarantor should be convicted in first instance of a crime involving dishonesty or should become insolvent, the creditor may demand another who has all the qualifications required in the preceding article. The defendant vendee shall ask, within the time fixed in the Rules of Court for answering the complaint, that the vendor be made a co-defendant. 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For this purpose, and the creditor without the express permission of the same conditions established for the use the...
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