Every concession for the use of waters is understood to be without prejudice to third persons. Article 670. Freedom of religion shall be observed by public officials in the issuance of authorization to solemnize marriages. A child born within one hundred eighty days following the celebration of the marriage is prima facie presumed to be legitimate. 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. (n), Article 2045. The obligation to deliver the thing sold includes that of placing in the control of the vendee all that is mentioned in the contract, in conformity with the following rules: If the sale of real estate should be made with a statement of its area, at the rate of a certain price for a unit of measure or number, the vendor shall be obliged to deliver to the vendee, if the latter should demand it, all that may have been stated in the contract; but, should this be not possible, the vendee may choose between a proportional reduction of the price and the rescission of the contract, provided that, in the latter case, the lack in the area be not less than one-tenth of that stated. When a person has been thus represented to be a partner in an existing partnership, or with one or more persons not actual partners, he is an agent of the persons consenting to such representation to bind them to the same extent and in the same manner as though he were a partner in fact, with respect to persons who rely upon the representation. (507). (185), Article 386. (1755a), Article 1957. (771), Article 850. If there are several relatives of the same degree, and one or some of them are unwilling or incapacitated to succeed, his portion shall accrue to the others of the same degree, save the right of representation when it should take place. Compensation for workmen and other employees in case of death, injury or illness is regulated by special laws. Article 1539. (1813). Interest may, in the discretion of the court, be allowed upon damages awarded for breach of contract. Article 308. The officious manager is personally liable for contracts which he has entered into with third persons, even though he acted in the name of the owner, and there shall be no right of action between the owner and third persons. Article 1576. The usufructuary may make on the property held in usufruct such useful improvements or expenses for mere pleasure as he may deem proper, provided he does not alter its form or substance; but he shall have no right to be indemnified therefor. (1554a), Article 1655. 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. Article 657. Article 1696. (995a), Article 1048. (1834a), Article 2072. When one or both debts are rescissible or voidable, they may be compensated against each other before they are judicially rescinded or avoided. Article 373. As regards the reimbursement for improvements and expenses incurred by him who unduly received the thing, the provisions of Title V of Book II shall govern. The share of the spouse who is under civil interdiction or absent shall be administered in accordance with the Rules of Court. (746a). Where title to real property is in the name of the partnership, a conveyance executed by a partner, in his own name, passes the equitable interest of the partnership, provided the act is one within the authority of the partner under the provisions of the first paragraph of article 1818. (108a), Article 256. (1455a), Article 1488. The hereditary rights granted by the two preceding articles to illegitimate children shall be transmitted upon their death to their descendants, who shall inherit by right of representation from their deceased grandparent. (1499), Article 1581. (543a). The guarantor shall be subject to the jurisdiction of the court of the place where this obligation is to be complied with. (611), Article 716. If ratification is made by the parents or guardians, as the case may be, of both contracting parties, the contract shall be validated from the inception. In these cases, the courts may also deprive the parents in whole or in part, of the usufruct over the child's property, or adopt such measures as they may deem advisable in the interest of the child. (n), Article 1807. (n), Article 1874. Article 533. In case of a divisible contract, if the illegal terms can be separated from the legal ones, the latter may be enforced. A thing under a pledge by operation of law may be sold only after demand of the amount for which the thing is retained. Contracts shall be obligatory, in whatever form they may have been entered into, provided all the essential requisites for their validity are present. Should he do so, the same shall be considered as not imposed. The possession of movables is not deemed lost so long as they remain under the control of the possessor, even though for the time being he may not know their whereabouts. Neither can he impose upon the same any burden, encumbrance, condition, or substitution of any kind whatsoever. If the thing pledged is returned by the pledgee to the pledgor or owner, the pledge is extinguished. (1139), Article 1210. (1898), Article 2162. By the contract of agency a person binds himself to render some service or to do something in representation or on behalf of another, with the consent or authority of the latter. In obligations to do and not to do, the courts shall determine, in each case, the retroactive effect of the condition that has been complied with. If the substitution is without the knowledge or against the will of the debtor, the new debtor's insolvency or non-fulfillment of the obligations shall not give rise to any liability on the part of the original debtor. The ownership of the thing sold shall be transferred to the vendee upon the actual or constructive delivery thereof. When the acts referred to are executed before the diplomatic or consular officials of the Republic of the Philippines in a foreign country, the solemnities established by Philippine laws shall be observed in their execution. Article 307. (168a), Article 329. (612a), Article 717. The owner of domesticated animals may also claim them within twenty days to be counted from their occupation by another person. A creditor, to whom partial payment has been made, may exercise his right for the remainder, and he shall be preferred to the person who has been subrogated in his place in virtue of the partial payment of the same credit. The persons disqualified to buy referred to in articles 1490 and 1491, are also disqualified to become lessees of the things mentioned therein. (n), Article 1323. When a marriage is annulled, the court shall award the custody of the children as it may deem best, and make provision for their education and support. Article 1484. (1689a). Novation which consists in substituting a new debtor in the place of the original one, may be made even without the knowledge or against the will of the latter, but not without the consent of the creditor. (62a). If the witnesses attesting the execution of a will are competent at the time of attesting, their becoming subsequently incompetent shall not prevent the allowance of the will. If only legitimate or illegitimate children are left, the parents are not entitled to any legitime whatsoever. (155), Article 317. (1166a), Article 1245. (1397), Article 150. (n), Article 1597. Antenuptial debts of either spouse shall not be paid from the community, unless the same have redounded to the benefit of the family. 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. Even if the loss, destruction, or deterioration of the goods should be caused by the character of the goods, or the faulty nature of the packing or of the containers, the common carrier must exercise due diligence to forestall or lessen the loss. (n), Article 1343. The Civil Code of 1889 and other previous laws shall govern rights originating, under said laws, from acts done or events which took place under their regime, even though this Code may regulate them in a different manner, or may not recognize them. A stipulation that the common carrier's liability is limited to the value of the goods appearing in the bill of lading, unless the shipper or owner declares a greater value, is binding. Article 297. Should they not be able to read and write, the inheritance shall be accepted by their guardians. Whatever may be lost during the marriage in any kind of gambling, betting or game, whether permitted or prohibited by law, shall be borne by the loser, and shall not be charged to the conjugal partnership. Article 782. In a sale with a right to repurchase, the vendee of a part of an undivided immovable who acquires the whole thereof in the case of article 498, may compel the vendor to redeem the whole property, if the latter wishes to make use of the right of redemption. (n), Article 2014. In case the recognition is made by only one of the parents, it shall be presumed that the child is natural, if the parent recognizing it had legal capacity to contract marriage at the time of the conception. (162), Article 326. Subrogation transfers to the persons subrogated the credit with all the rights thereto appertaining, either against the debtor or against third person, be they guarantors or possessors of mortgages, subject to stipulation in a conventional subrogation. The agent is bound by his acceptance to carry out the agency, and is liable for the damages which, through his non-performance, the principal may suffer. (1936a), Article 1114. In default of testamentary heirs, the law vests the inheritance, in accordance with the rules hereinafter set forth, in the legitimate and illegitimate relatives of the deceased, in the surviving spouse, and in the State. (349a), Article 436. In order to acquire by prescription the easements referred to in the preceding article, the time of possession shall be computed thus: in positive easements, from the day on which the owner of the dominant estate, or the person who may have made use of the easement, commenced to exercise it upon the servient estate; and in negative easements, from the day on which the owner of the dominant estate forbade, by an instrument acknowledged before a notary public, the owner of the servient estate, from executing an act which would be lawful without the easement. The debtor may exercise his right within thirty days from the date the assignee demands payment from him. Every will must be acknowledged before a notary public by the testator and the witnesses. If the devise subject to reduction should consist of real property, which cannot be conveniently divided, it shall go to the devisee if the reduction does not absorb one-half of its value; and in a contrary case, to the compulsory heirs; but the former and the latter shall reimburse each other in cash for what respectively belongs to them. The creditor cannot claim from the guarantors except the shares which they are respectively bound to pay, unless solidarity has been expressly stipulated. (n), Article 1207. The donation shall be inofficious in all that it may exceed this limitation. (n). (n), Article 1515. No suit shall be filed or maintained between members of the same family unless it should appear that earnest efforts toward a compromise have been made, but that the same have failed, subject to the limitations in article 2035. (n), Article 1467. 1, and the limited partner would otherwise be entitled to the return of his contribution. Employers shall be liable for the damages caused by their employees and household helpers acting within the scope of their assigned tasks, even though the former are not engaged in any business or industry. (n), CHAPTER 1Deposit in General and its Different Kinds, Article 1962. Six months from the publication having elapsed without the owner having appeared, the thing found, or its value, shall be awarded to the finder. 4, the expiration of the month allowed for the report. In case two persons married in accordance with law desire to ratify their union in conformity with the regulations, rites, or practices of any church, sect, or religion it shall no longer be necessary to comply with the requirements of Chapter 1 of this Title and any ratification so made shall merely be considered as a purely religious ceremony. (1739). Article 176. (n), Article 2238. If the owner should make the extraordinary repairs, he shall have a right to demand of the usufructuary the legal interest on the amount expended for the time that the usufruct lasts. Article 1985. Fault on the part of the depositary is presumed, unless there is proof to the contrary. The owner may demand from the person benefited indemnity for the damage to him. (407). (n), SUBSECTION 1. Article 28. Should the deposit consist of money, the provisions relative to agents in article 1896 shall be applied to the depositary. (1263a), Article 1328. (797a). To the net value of the hereditary estate, shall be added the value of all donations by the testator that are subject to collation, at the time he made them. Willful injury to property may be a legal ground for awarding moral damages if the court should find that, under the circumstances, such damages are justly due. Article 1629. The same rule shall be applied in case the owner is obliged, at the time the usufruct is constituted, to make periodical payments, even if there should be no known capital. (1570). When the title comprises two or more pieces of land which have been assigned to two or more co-heirs, or when it covers one piece of land which has been divided between two or more co-heirs, the title shall be delivered to the one having the largest interest, and authentic copies of the title shall be furnished to the other co-heirs at the expense of the estate. Grandsons and other direct male descendants shall either: (1) Add a middle name or the mother's surname, or. The inheritance includes all the property, rights and obligations of a person which are not extinguished by his death. (n). If it cannot be determined which of the parties first violated the contract, the same shall be deemed extinguished, and each shall bear his own damages. A simple substitution, without a statement of the cases to which it refers, shall comprise the three mentioned in the preceding paragraph, unless the testator has otherwise provided. In the latter case, the creditor shall have the right to collect the excess, if any, of the credit or of the legacy or devise. Persons who accept donations in representation of others who may not do so by themselves, shall be obliged to make the notification and notation of which article 749 speaks. The owner, or any person who by virtue of a real right may cultivate or use any immovable, which is surrounded by other immovables pertaining to other persons and without adequate outlet to a public highway, is entitled to demand a right of way through the neighboring estates, after payment of the proper indemnity. If two or more adjoining owners desire to exercise the right of redemption at the same time, the owner of the adjoining land of smaller area shall be preferred; and should both lands have the same area, the one who first requested the redemption. (1176a). The owner has also a right of action against the holder and possessor of the thing in order to recover it. (n), Article 1300. Unless otherwise agreed, when the seller tenders delivery of goods to the buyer, he is bound, on request, to afford the buyer a reasonable opportunity of examining the goods for the purpose of ascertaining whether they are in conformity with the contract. Consensual- wherein mere consent is sufficient to perfect such contract. He who made the payment may claim from his co-debtors only the share which corresponds to each, with the interest for the payment already made. (n). (n). (1394a), Article 147. In the latter case, the legitime of the surviving spouse shall be that specified in the preceding paragraph. (n), Article 2263. (1665a), Article 1768. The wife retains the ownership of the paraphernal property. Article 476. (n), Article 1586. 2 and 1405. (1953), Article 1131. (1069a). The vendor may bring his action against every possessor whose right is derived from the vendee, even if in the second contract no mention should have been made of the right to repurchase, without prejudice to the provisions of the Mortgage Law and the Land Registration Law with respect to third persons. These expenses shall be met first from the conjugal property, then from the husband's capital, and lastly from the wife's paraphernal property. If the will is contested, at least three of such witnesses shall be required. TITLE XVIPLEDGE, MORTGAGE AND ANTICHRESIS, CHAPTER 1Provisions Common to Pledge and Mortgage. Legal or intestate succession takes place: (1) If a person dies without a will, or with a void will, or one which has subsequently lost its validity; (2) When the will does not institute an heir to, or dispose of all the property belonging to the testator. SECTION 2Judicial Constitution of the Family Home. (1159a), Article 1238. (783), Article 866. (890a), Article 956. Property acquired after the making of a will shall only pass thereby, as if the testator had possessed it at the time of making the will, should it expressly appear by the will that such was his intention. An offer becomes ineffective upon the death, civil interdiction, insanity, or insolvency of either party before acceptance is conveyed. (1210a), Article 1303. (33a). (1041), Article 1068. (439a). No vested or acquired right can arise from acts or omissions which are against the law or which infringe upon the rights of others. Article 1200. Children are obliged to obey their parents so long as they are under parental power, and to observe respect and reverence toward them always. (375), Article 467. Any express or tacit recognition which the possessor may make of the owner's right also interrupts possession. (1722a), Article 1894. (n), Article 2131. In case of legal separation, the guilty spouse shall forfeit his or her share of the conjugal partnership profits, which shall be awarded to the children of both, and the children of the guilty spouse had by a prior marriage. (1281), Article 1371. He shall not thereafter be liable to the original buyer upon the contract of sale or for any profit made by such resale, but may recover from the buyer damages for any loss occasioned by the breach of the contract of sale. (1523a) ARTICLE 1622. 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. If the omitted compulsory heirs should die before the testator, the institution shall be effectual, without prejudice to the right of representation. Parental authority is suspended by the incapacity or absence of the father, or in a proper case of the mother, judicially declared, and also by civil interdiction. (1510), Article 1609. Ratification may be effected expressly or tacitly. An absolutely simulated or fictitious contract is void. Article 1700. Common carriers, from the nature of their business and for reasons of public policy, are bound to observe extraordinary diligence in the vigilance over the goods and for the safety of the passengers transported by them, according to all the circumstances of each case. Every co-owner shall, after partition, be liable for defects of title and quality of the portion assigned to each of the other co-owners. Autonomy- such stipulations, clauses, terms and conditions are established by the contracting parties as they may deem convenient, provided they are not contrary to law, morals, good customs, public order, or public policy. It shall, among other functions: (1) Foster the education of every child in the municipality; (2) Encourage the cultivation of the duties of parents; (3) Protect and assist abandoned or mistreated children, and orphans; (4) Take steps to prevent juvenile delinquency; (5) Adopt measures for the health of children; (6) Promote the opening and maintenance of playgrounds; (7) Coordinate the activities of organizations devoted to the welfare of children, and secure their cooperation. A limited partnership formed under the law prior to the effectivity of this Code, may become a limited partnership under this Chapter by complying with the provisions of article 1844, provided the certificate sets forth: (1) The amount of the original contribution of each limited partner, and the time when the contribution was made; and. If the revocation is based upon noncompliance with any of the conditions imposed in the donation, the donee shall return not only the property but also the fruits thereof which he may have received after having failed to fulfill the condition. (1120). Otherwise, the donation shall be void. Unless otherwise agreed, where goods are sent by the seller to the buyer under circumstances in which the seller knows or ought to know that it is usual to insure, the seller must give such notice to the buyer as may enable him to insure them during their transit, and, if the seller fails to do so, the goods shall be deemed to be at his risk during such transit. (n), Article 1111. Article 1575. A revocation done outside the Philippines, by a person who does not have his domicile in this country, is valid when it is done according to the law of the place where the will was made, or according to the law of the place in which the testator had his domicile at the time; and if the revocation takes place in this country, when it is in accordance with the provisions of this Code. (949), Article 1007. (23). These easements may be modified by agreement of the interested parties, whenever the law does not prohibit it or no injury is suffered by a third person. (2) Money or other property wrongfully paid or conveyed to him on account of his contribution. If no time has been fixed, the condition shall be deemed fulfilled at such time as may have probably been contemplated, bearing in mind the nature of the obligation. In order that the donation of an immovable may be valid, it must be made in a public document, specifying therein the property donated and the value of the charges which the donee must satisfy. The vendee is bound to accept delivery and to pay the price of the thing sold at the time and place stipulated in the contract. (745, 752, 753, 754a), Article 1028. (n), Article 1352. (n), Article 824. If a guaranty is entered into without the knowledge or consent, or against the will of the principal debtor, the provisions of articles 1236 and 1237 shall apply. The determination of the performance may be left to a third person, whose decision shall not be binding until it has been made known to both contracting parties. Whenever a child is found delinquent by any court, the father, mother, or guardian may in a proper case be judicially admonished. Article 59. 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