REPUBLIC ACT NO. 386 Art. 9. No judge or court shall decline to render Art. 17.

decline to render Art. 17. The forms and solemnities of contracts, wills,
AN ACT TO ORDAIN AND INSTITUTE judgment by reason of the silence, obscurity or and other public instruments shall be governed by the
THE CIVIL CODE OF THE PHILIPPINES insufficiency of the laws. (6) laws of the country in which they are executed.

PRELIMINARY TITLE Art. 10. In case of doubt in the interpretation or When the acts referred to are executed before the
application of laws, it is presumed that the lawmaking diplomatic or consular officials of the Republic of the
CHAPTER I body intended right and justice to prevail. (n) Philippines in a foreign country, the solemnities
EFFECT AND APPLICATION OF LAWS established by Philippine laws shall be observed in
Art. 11. Customs which are contrary to law, public their execution.
Article 1. This Act shall be known as the "Civil Code order or public policy shall not be countenanced. (n)
of the Philippines." (n) Prohibitive laws concerning persons, their acts or
Art. 12. A custom must be proved as a fact, according property, and those which have, for their object, public
Art. 2. Laws shall take effect after fifteen days to the rules of evidence. (n) order, public policy and good customs shall not be
following the completion of their publication in the rendered ineffective by laws or judgments
Official Gazette, unless it is otherwise provided. This Art. 13. When the laws speak of years, months, days promulgated, or by determinations or conventions
Code shall take effect one year after such publication. or nights, it shall be understood that years are of three agreed upon in a foreign country. (11a)
(1a) hundred sixty-five days each; months, of thirty days;
days, of twenty-four hours; and nights from sunset to Art. 18. In matters which are governed by the Code
Art. 3. Ignorance of the law excuses no one from sunrise. of Commerce and special laws, their deficiency shall
compliance therewith. (2) be supplied by the provisions of this Code. (16a)
If months are designated by their name, they shall be
Art. 4. Laws shall have no retroactive effect, unless computed by the number of days which they CHAPTER 2
the contrary is provided. (3) respectively have. HUMAN RELATIONS (n)

Art. 5. Acts executed against the provisions of In computing a period, the first day shall be excluded, Art. 19. Every person must, in the exercise of his
mandatory or prohibitory laws shall be void, except and the last day included. (7a) rights and in the performance of his duties, act with
when the law itself authorizes their validity. (4a) justice, give everyone his due, and observe honesty
Art. 14. Penal laws and those of public security and and good faith.
Art. 6. Rights may be waived, unless the waiver is safety shall be obligatory upon all who live or sojourn
contrary to law, public order, public policy, morals, or in the Philippine territory, subject to the principles of Art. 20. Every person who, contrary to law, wilfully or
good customs, or prejudicial to a third person with a public international law and to treaty stipulations. (8a) negligently causes damage to another, shall
right recognized by law. (4a) indemnify the latter for the same.
Art. 15. Laws relating to family rights and duties, or to
Art. 7. Laws are repealed only by subsequent ones, the status, condition and legal capacity of persons are Art. 21. Any person who wilfully causes loss or injury
and their violation or non-observance shall not be binding upon citizens of the Philippines, even though to another in a manner that is contrary to morals,
excused by disuse, or custom or practice to the living abroad. (9a) good customs or public policy shall compensate the
contrary. latter for the damage.
Art. 16. Real property as well as personal property is
When the courts declared a law to be inconsistent subject to the law of the country where it is stipulated. Art. 22. Every person who through an act of
with the Constitution, the former shall be void and the performance by another, or any other means,
latter shall govern. However, intestate and testamentary successions, acquires or comes into possession of something at
both with respect to the order of succession and to the expense of the latter without just or legal ground,
Administrative or executive acts, orders and the amount of successional rights and to the intrinsic shall return the same to him.
regulations shall be valid only when they are not validity of testamentary provisions, shall be regulated
contrary to the laws or the Constitution. (5a) by the national law of the person whose succession is Art. 23. Even when an act or event causing damage
under consideration, whatever may be the nature of to another's property was not due to the fault or
Art. 8. Judicial decisions applying or interpreting the the property and regardless of the country wherein negligence of the defendant, the latter shall be liable
laws or the Constitution shall form a part of the legal said property may be found. (10a) for indemnity if through the act or event he was
system of the Philippines. (n) benefited.
Art. 24. In all contractual, property or other relations, damages in case the complaint should be found to be
when one of the parties is at a disadvantage on malicious. (10) The liberty of abode and of changing the same;
account of his moral dependence, ignorance,
indigence, mental weakness, tender age or other If in a criminal case the judgment of acquittal is based (11) The privacy of communication and
handicap, the courts must be vigilant for his upon reasonable doubt, the court shall so declare. In correspondence;
protection. the absence of any declaration to that effect, it may
be inferred from the text of the decision whether or (12) The right to become a member of associations
Art. 25. Thoughtless extravagance in expenses for not the acquittal is due to that ground. or societies for purposes not contrary to law;
pleasure or display during a period of acute public
want or emergency may be stopped by order of the Art. 30. When a separate civil action is brought to (13) The right to take part in a peaceable assembly to
courts at the instance of any government or private demand civil liability arising from a criminal offense, petition the government for redress of grievances;
charitable institution. and no criminal proceedings are instituted during the
pendency of the civil case, a preponderance of (14) The right to be free from involuntary servitude in
Art. 26. Every person shall respect the dignity, evidence shall likewise be sufficient to prove the act any form;
personality, privacy and peace of mind of his complained of.
neighbors and other persons. The following and (15) The right of the accused against excessive bail;
similar acts, though they may not constitute a criminal Art. 31. When the civil action is based on an
offense, shall produce a cause of action for damages, obligation not arising from the act or omission (16) The right of the accused to be heard by himself
prevention and other relief: complained of as a felony, such civil action may and counsel, to be informed of the nature and cause
proceed independently of the criminal proceedings of the accusation against him, to have a speedy and
(1) Prying into the privacy of another's residence: and regardless of the result of the latter. public trial, to meet the witnesses face to face, and to
(2) Meddling with or disturbing the private life or family have compulsory process to secure the attendance of
relations of another; Art. 32. Any public officer or employee, or any private witness in his behalf;
(3) Intriguing to cause another to be alienated from individual, who directly or indirectly obstructs, defeats,
his friends; violates or in any manner impedes or impairs any of (17) Freedom from being compelled to be a witness
(4) Vexing or humiliating another on account of his the following rights and liberties of another person against one's self, or from being forced to confess
religious beliefs, lowly station in life, place of birth, shall be liable to the latter for damages: guilt, or from being induced by a promise of immunity
physical defect, or other personal condition. or reward to make such confession, except when the
(1) Freedom of religion; person confessing becomes a State witness;
Art. 27. Any person suffering material or moral loss
because a public servant or employee refuses or (2) Freedom of speech; (18) Freedom from excessive fines, or cruel and
neglects, without just cause, to perform his official unusual punishment, unless the same is imposed or
duty may file an action for damages and other relief (3) Freedom to write for the press or to maintain a inflicted in accordance with a statute which has not
against he latter, without prejudice to any disciplinary periodical publication; been judicially declared unconstitutional; and
administrative action that may be taken.
(4) Freedom from arbitrary or illegal detention; (19) Freedom of access to the courts.
Art. 28. Unfair competition in agricultural, commercial
or industrial enterprises or in labor through the use of (5) Freedom of suffrage; In any of the cases referred to in this article, whether
force, intimidation, deceit, machination or any other or not the defendant's act or omission constitutes a
unjust, oppressive or highhanded method shall give (6) The right against deprivation of property without criminal offense, the aggrieved party has a right to
rise to a right of action by the person who thereby due process of law; commence an entirely separate and distinct civil
suffers damage. action for damages, and for other relief. Such civil
(7) The right to a just compensation when private action shall proceed independently of any criminal
Art. 29. When the accused in a criminal prosecution is property is taken for public use; prosecution (if the latter be instituted), and mat be
acquitted on the ground that his guilt has not been proved by a preponderance of evidence.
proved beyond reasonable doubt, a civil action for (8) The right to the equal protection of the laws; The indemnity shall include moral damages.
damages for the same act or omission may be Exemplary damages may also be adjudicated.
instituted. Such action requires only a preponderance (9) The right to be secure in one's person, house,
of evidence. Upon motion of the defendant, the court papers, and effects against unreasonable searches
may require the plaintiff to file a bond to answer for and seizures;
The responsibility herein set forth is not demandable BOOK I
from a judge unless his act or omission constitutes a PERSONS Art. 42. Civil personality is extinguished by death.
violation of the Penal Code or other penal statute.
Title I. - CIVIL PERSONALITY The effect of death upon the rights and obligations of
Art. 33. In cases of defamation, fraud, and physical the deceased is determined by law, by contract and
injuries a civil action for damages, entirely separate CHAPTER 1 by will. (32a)
and distinct from the criminal action, may be brought GENERAL PROVISIONS
by the injured party. Such civil action shall proceed Art. 43. If there is a doubt, as between two or more
independently of the criminal prosecution, and shall Art. 37. Juridical capacity, which is the fitness to be persons who are called to succeed each other, as to
require only a preponderance of evidence. the subject of legal relations, is inherent in every which of them died first, whoever alleges the death of
natural person and is lost only through death. one prior to the other, shall prove the same; in the
Art. 34. When a member of a city or municipal police Capacity to act, which is the power to do acts with absence of proof, it is presumed that they died at the
force refuses or fails to render aid or protection to any legal effect, is acquired and may be lost. (n) same time and there shall be no transmission of rights
person in case of danger to life or property, such from one to the other. (33)
peace officer shall be primarily liable for damages, Art. 38. Minority, insanity or imbecility, the state of
and the city or municipality shall be subsidiarily being a deaf-mute, prodigality and civil interdiction are CHAPTER 3
responsible therefor. The civil action herein mere restrictions on capacity to act, and do not JURIDICAL PERSONS
recognized shall be independent of any criminal exempt the incapacitated person from certain
proceedings, and a preponderance of evidence shall obligations, as when the latter arise from his acts or Art. 44. The following are juridical persons:
suffice to support such action. from property relations, such as easements. (32a)
(1) The State and its political subdivisions;
Art. 35. When a person, claiming to be injured by a Art. 39. The following circumstances, among others,
criminal offense, charges another with the same, for modify or limit capacity to act: age, insanity, imbecility, (2) Other corporations, institutions and entities for
which no independent civil action is granted in this the state of being a deaf-mute, penalty, prodigality, public interest or purpose, created by law; their
Code or any special law, but the justice of the peace family relations, alienage, absence, insolvency and personality begins as soon as they have been
finds no reasonable grounds to believe that a crime trusteeship. The consequences of these constituted according to law;
has been committed, or the prosecuting attorney circumstances are governed in this Code, other
refuses or fails to institute criminal proceedings, the codes, the Rules of Court, and in special laws. (3) Corporations, partnerships and associations for
complaint may bring a civil action for damages Capacity to act is not limited on account of religious private interest or purpose to which the law grants a
against the alleged offender. Such civil action may be belief or political opinion. juridical personality, separate and distinct from that of
supported by a preponderance of evidence. Upon the each shareholder, partner or member. (35a)
defendant's motion, the court may require the plaintiff A married woman, twenty-one years of age or over, is
to file a bond to indemnify the defendant in case the qualified for all acts of civil life, except in cases Art. 45. Juridical persons mentioned in Nos. 1 and 2
complaint should be found to be malicious. specified by law. (n) of the preceding article are governed by the laws
creating or recognizing them.
If during the pendency of the civil action, an CHAPTER 2
information should be presented by the prosecuting NATURAL PERSONS Private corporations are regulated by laws of general
attorney, the civil action shall be suspended until the application on the subject.
termination of the criminal proceedings. Art. 40. Birth determines personality; but the
conceived child shall be considered born for all Partnerships and associations for private interest or
Art. 36. Pre-judicial questions which must be decided purposes that are favorable to it, provided it be born purpose are governed by the provisions of this Code
before any criminal prosecution may be instituted or later with the conditions specified in the following concerning partnerships. (36 and 37a)
may proceed, shall be governed by rules of court article. (29a)
which the Supreme Court shall promulgate and which Art. 46. Juridical persons may acquire and possess
shall not be in conflict with the provisions of this Code. Art. 41. For civil purposes, the fetus is considered property of all kinds, as well as incur obligations and
born if it is alive at the time it is completely delivered bring civil or criminal actions, in conformity with the
REPUBLIC ACT NO. 386 from the mother's womb. However, if the fetus had an laws and regulations of their organization. (38a)
AN ACT TO ORDAIN AND INSTITUTE intra-uterine life of less than seven months, it is not
THE CIVIL CODE OF THE PHILIPPINES deemed born if it dies within twenty-four hours after its Art. 47. Upon the dissolution of corporations,
complete delivery from the maternal womb. (30a) institutions and other entities for public interest or
purpose mentioned in No. 2 of Article 44, their REQUISITES OF MARRIAGE
property and other assets shall be disposed of in (2) The Presiding Justice and the Justices of the
pursuance of law or the charter creating them. If Art. 52. Marriage is not a mere contract but an Court of Appeals;
nothing has been specified on this point, the property inviolable social institution. Its nature, consequences
and other assets shall be applied to similar purposes and incidents are governed by law and not subject to (3) Judges of the Courts of First Instance;
for the benefit of the region, province, city or stipulation, except that the marriage settlements may
municipality which during the existence of the to a certain extent fix the property relations during the (4) Mayors of cities and municipalities;
institution derived the principal benefits from the marriage. (n)
same. (39a) (5) Municipal judges and justices of the peace;
Art. 53. No marriage shall be solemnized unless all
Title II. - CITIZENSHIP AND DOMICILE these requisites are complied with: (6) Priests, rabbis, ministers of the gospel of any
denomination, church, religion or sect, duly
Art. 48. The following are citizens of the Philippines: (1) Legal capacity of the contracting parties; registered, as provided in Article 92; and

(1) Those who were citizens of the Philippines at the (2) Their consent, freely given; (7) Ship captains, airplane chiefs, military
time of the adoption of the Constitution of the commanders, and consuls and vice-consuls in special
Philippines; (3) Authority of the person performing the marriage; cases provided in Articles 74 and 75. (4a)
and
(2) Those born in the Philippines of foreign parents Art. 57. The marriage shall be solemnized publicly in
who, before the adoption of said Constitution, had (4) A marriage license, except in a marriage of the office of the judge in open court or of the mayor;
been elected to public office in the Philippines; exceptional character (Sec. 1a, Art. 3613). or in the church, chapel or temple, as the case may
be, and not elsewhere, except in cases of marriages
(3) Those whose fathers are citizens of the Art. 54. Any male of the age of sixteen years or contracted on the point of death or in remote places in
Philippines; upwards, and any female of the age of fourteen years accordance with Article 72 of this Code, or in case of
or upwards, not under any of the impediments marriage referred to in Article 76 or when one of the
(4) Those whose mothers are citizens of the mentioned in Articles 80 to 84, may contract marriage. parents or the guardian of the female or the latter
Philippines and, upon reaching the age of majority, (2) herself if over eighteen years of age request it in
elect Philippine citizenship; writing, in which cases the marriage may be
Art. 55. No particular form for the ceremony of solemnized at a house or place designated by said
(5) Those who are naturalized in accordance with law. marriage is required, but the parties with legal parent or guardian of the female or by the latter
(n) capacity to contract marriage must declare, in the herself in a sworn statement to that effect. (5a)
presence of the person solemnizing the marriage and
Art. 49. Naturalization and the loss and reacquisition of two witnesses of legal age, that they take each Art. 58. Save marriages of an exceptional character
of citizenship of the Philippines are governed by other as husband and wife. This declaration shall be authorized in Chapter 2 of this Title, but not those
special laws. (n) set forth in an instrument in triplicate, signed by under Article 75, no marriage shall be solemnized
signature or mark by the contracting parties and said without a license first being issued by the local civil
Art. 50. For the exercise of civil rights and the two witnesses and attested by the person solemnizing registrar of the municipality where either contracting
fulfillment of civil obligations, the domicile of natural the marriage. party habitually resides. (7a)
persons is the place of their habitual residence. (40a)
In case of a marriage on the point of death, when the Art. 59. The local civil registrar shall issue the proper
Art. 51. When the law creating or recognizing them, or dying party, being physically unable, cannot sign the license if each of the contracting parties swears
any other provision does not fix the domicile of instrument by signature or mark, it shall be sufficient separately before him or before any public official
juridical persons, the same shall be understood to be for one of the witnesses to the marriage to sign in his authorized to administer oaths, to an application in
the place where their legal representation is name, which fact shall be attested by the minister writing setting forth that such party has the necessary
established or where they exercise their principal solemnizing the marriage. (3) qualifications for contracting marriage. The applicants,
functions. (41a) their parents or guardians shall not be required to
Art. 56. Marriage may be solemnized by: exhibit their residence certificates in any formality in
Title III. - MARRIAGE connection with the securing of the marriage license.
(1) The Chief Justice and Associate Justices of the Such application shall insofar as possible contain the
CHAPTER 1 Supreme Court; following data:
 application, such party may furnish in lieu thereof his witnesses and attested before any official authorized
(1) Full name of the contracting party; residence certificate for the current year or any by law to administer oaths. (9a)
previous years, to show the age stated in his
(2) Place of birth; application or, in the absence thereof, an instrument Art. 62. Males above twenty but under twenty-five
drawn up and sworn to before the local civil registrar years of age, or females above eighteen but under
(3) Age, date of birth; concerned or any public official authorized to twenty-three years of age, shall be obliged to ask their
solemnize marriage. Such instrument shall contain parents or guardian for advice upon the intended
(4) Civil status (single, widow or widower, or the sworn declaration of two witnesses, of lawful age, marriage. If they do not obtain such advice, or if it be
divorced); of either sex, setting forth the full name, profession, unfavorable, the marriage shall not take place till after
and residence of such contracting party and of his or three months following the completion of the
(5) If divorced, how and when the previous marriage her parents, if known, and the place and date of birth publication of the application for marriage license. A
was dissolved; of such party. The nearest of kin of the contracting sworn statement by the contracting parties to the
parties shall be preferred as witnesses, and in their effect that such advice has been sought, together with
(6) Present residence; default, persons well known in the province or the the written advice given, if any, shall accompany the
locality for their honesty and good repute. application for marriage license. Should the parents or
(7) Degree of relationship of the contracting parties; guardian refuse to give any advice, this fact shall be
The exhibition of baptismal or birth certificates shall stated in the sworn declaration. (n)
(8) Full name of the father; not be required if the parents of the contracting
parties appear personally before the local civil Art. 63. The local civil registrar shall post during ten
(9) Residence of the father; registrar concerned and swear to the correctness of consecutive days at the main door of the building
the lawful age of said parties, as stated in the where he has his office a notice, the location of which
(10) Full name of the mother; application, or when the local civil registrar shall, by shall not be changed once it has been placed, setting
merely looking at the applicants upon their personally forth the full names and domiciles of the applicants for
(11) Residence of the mother; appearing before him, be convinced that either or a marriage license and other information given in the
both of them have the required age. (8a) application. This notice shall request all persons
(12) Full name and residence of the guardian or having knowledge of any impediment to the marriage
person having charge, in case the contracting party Art. 61. In case either of the contracting parties is a to advise the local registrar thereof. The license shall
has neither father nor mother and is under the age of widowed or divorced person, the same shall be be issued after the completion of the publication,
twenty years, if a male, or eighteen years if a female. required to furnish, instead of the baptismal or birth unless the local civil registrar receives information
(7a) certificate required in the last preceding article, the upon any alleged impediment to the marriage. (10a)
death certificate of the deceased spouse or the
Art. 60. The local civil registrar, upon receiving such decree of the divorce court, as the case may be. In Art. 64. Upon being advised of any alleged
application, shall require the exhibition of the original case the death certificate cannot be found, the party impediment to the marriage, the local civil registrar
baptismal or birth certificates of the contracting parties shall make an affidavit setting forth this circumstance shall forthwith make an investigation, examining
or copies of such documents duly attested by the and his or her actual civil status and the name and the persons under oath. If he is convicted that there is an
persons having custody of the originals. These date of the death of the deceased spouse. impediment to the marriage, it shall be his duty to
certificates or certified copies of the documents withhold the marriage license, unless he is otherwise
required by this article need not to be sworn to and In case either or both of the contracting parties, being ordered by a competent court. (n)
shall be exempt from the documentary stamp tax. The neither widowed nor divorced, are less than twenty
signature and official title of the person issuing the years of age as regards the male and less than Art. 65. The local civil registrar shall demand the
certificate shall be sufficient proof of its authenticity. eighteen years as regards the female, they shall, in previous payment of fees required by law or
addition to the requirements of the preceding articles, regulations for each license issued. No other sum
If either of the contracting parties is unable to produce exhibit to the local civil registrar, the consent to their shall be collected, in the nature of a fee or tax of any
his baptismal or birth certificate or a certified copy of marriage, of their father, mother or guardian, or kind, for the issuance of a marriage license. Marriage
either because of the destruction or loss of the persons having legal charge of them, in the order licenses shall be issued free of charge to indigent
original, or if it is shown by an affidavit of such party or mentioned. Such consent shall be in writing, under parties, when both male and female do not each own
of any other person that such baptismal or birth oath taken with the appearance of the interested assessed real property in excess of five hundred
certificate has not yet been received though the same parties before the proper local civil registrar or in the pesos, a fact certified to, without cost, by the
has been requested of the person having custody form of an affidavit made in the presence of two provincial treasurer, or in the absence thereof, by a
thereof at least fifteen days prior to the date of the statement duly sworn to by the contracting parties
before the local civil registrar. The license shall be those mentioned in Article 57 if there be any such
valid in any part of the Philippines; but it shall be good affidavit, in the files that he must keep. (16a) Art. 73. The original of the affidavit required in the last
for no more than one hundred and twenty days from Art. 69. It shall be the duty of the local civil registrar to preceding article, together with a copy of the marriage
the date on which it is issued and shall be deemed prepare the documents required by this Title, and to contract, shall be sent by the person solemnizing the
canceled at the expiration of said period if the administer oaths to all interested parties without any marriage to the local civil registrar of the municipality
interested parties have not made use of it. (11a) charge in both cases. where it was performed within the period of thirty
days, after the performance of the marriage. The local
Art. 66. When either or both of the contracting parties The documents and affidavits filed in connection with civil registrar shall, however, before filing the papers,
are citizens or subjects of a foreign country, it shall be applications for marriage licenses shall be exempt require the payment into the municipal treasury of the
necessary, before a marriage license can be from the documentary stamp tax. (17a) legal fees required in Article 65. (21)
obtained, to provide themselves with a certificate of
legal capacity to contract marriage, to be issued by Art. 70. The local civil registrar concerned shall enter Art. 74. A marriage in articulo mortis may also be
their respective diplomatic or consular officials. (13a) all applications for marriage licenses filed with him in solemnized by the captain of a ship or chief of an
a register book strictly in the order in which the same airplane during a voyage, or by the commanding
Art. 67. The marriage certificate in which the shall be received. He shall enter in said register the officer of a military unit, in the absence of a chaplain,
contracting parties shall state that they take each names of the applicants, the date on which the during war. The duties mentioned in the two
other as husband and wife, shall also contain: marriage license was issued, and such other data as preceding articles shall be complied with by the ship
may be necessary. (18a) captain, airplane chief or commanding officer. (n)
(1) The full names and domiciles of the contracting
parties; Art. 71. All marriages performed outside the Art. 75. Marriages between Filipino citizens abroad
Philippines in accordance with the laws in force in the may be solemnized by consuls and vice-consuls of
(2) The age of each; country where they were performed, and valid there the Republic of the Philippines. The duties of the local
as such, shall also be valid in this country, except civil registrar and of a judge or justice of the peace or
(3) A statement that the proper marriage license has bigamous, polygamous, or incestuous marriages as mayor with regard to the celebration of marriage shall
been issued according to law and that the contracting determined by Philippine law. (19a) be performed by such consuls and vice-consuls. (n)
parties have the consent of their parents in case the
male is under twenty or the female under eighteen CHAPTER 2 Art. 76. No marriage license shall be necessary when
years of age; and MARRIAGES OF EXCEPTIONAL CHARACTER a man and a woman who have attained the age of
majority and who, being unmarried, have lived
(4) A statement that the guardian or parent has been Art. 72. In case either of the contracting parties is on together as husband and wife for at least five years,
informed of the marriage, if the male is between the the point of death or the female has her habitual desire to marry each other. The contracting parties
ages of twenty and twenty-five years, and the female residence at a place more than fifteen kilometers shall state the foregoing facts in an affidavit before
between eighteen and twenty-three years of age. distant from the municipal building and there is no any person authorized by law to administer oaths.
(15a) communication by railroad or by provincial or local The official, priest or minister who solemnized the
highways between the former and the latter, the marriage shall also state in an affidavit that he took
Art. 68. It shall be the duty of the person solemnizing marriage may be solemnized without necessity of a steps to ascertain the ages and other qualifications of
the marriage to furnish to either of the contracting marriage license; but in such cases the official, priest, the contracting parties and that he found no legal
parties one of the three copies of the marriage or minister solemnizing it shall state in an affidavit impediment to the marriage. (n)
contract referred to in Article 55, and to send another made before the local civil registrar or any person
copy of the document not later than fifteen days after authorized by law to administer oaths that the Art. 77. In case two persons married in accordance
the marriage took place to the local civil registrar marriage was performed in articulo mortis or at a with law desire to ratify their union in conformity with
concerned, whose duty it shall be to issue the proper place more than fifteen kilometers distant from the the regulations, rites, or practices of any church, sect,
receipt to any person sending a marriage contract municipal building concerned, in which latter case he or religion it shall no longer be necessary to comply
solemnized by him, including marriages of an shall give the name of the barrio where the marriage with the requirements of Chapter 1 of this Title and
exceptional character. The official, priest, or minister was solemnized. The person who solemnized the any ratification made shall merely be considered as a
solemnizing the marriage shall retain the third copy of marriage shall also state, in either case, that he took purely religious ceremony. (23)
the marriage contract, the marriage license and the the necessary steps to ascertain the ages and
affidavit of the interested party regarding the relationship of the contracting parties and that there Art. 78. Marriages between Mohammedans or pagans
solemnization of the marriage in a place other than was in his opinion no legal impediment to the who live in the non-Christian provinces may be
marriage at the time that it was solemnized. (20) performed in accordance with their customs, rites or
practices. No marriage license or formal requisites until declared null and void by a competent court.
shall be necessary. Nor shall the persons solemnizing (7) Those between stepbrothers and stepsisters and (29a)
these marriages be obliged to comply with Article 92. other marriages specified in Article 82. (n)
Art. 84. No marriage license shall be issued to a
However, twenty years after approval of this Code, all Art. 81. Marriages between the following are widow till after three hundred days following the death
marriages performed between Mohammedans or incestuous and void from their performance, whether of her husband, unless in the meantime she has given
pagans shall be solemnized in accordance with the the relationship between the parties be legitimate or birth to a child. (n)
provisions of this Code. But the President of the illegitimate:
Philippines, upon recommendation of the Secretary of Art. 85. A marriage may be annulled for any of the
the Interior, may at any time before the expiration of (1) Between ascendants and descendants of any following causes, existing at the time of the marriage:
said period, by proclamation, make any of said degree;
provisions applicable to the Mohammedan and non- (1) That the party in whose behalf it is sought to have
Christian inhabitants of any of the non-Christian (2) Between brothers and sisters, whether of the full the marriage annulled was between the ages of
provinces. (25a) or half blood; sixteen and twenty years, if male, or between the
ages of fourteen and eighteen years, if female, and
Art. 79. Mixed marriages between a Christian male (3) Between collateral relatives by blood within the the marriage was solemnized without the consent of
and a Mohammedan or pagan female shall be fourth civil degree. (28a) the parent, guardian or person having authority over
governed by the general provision of this Title and not the party, unless after attaining the ages of twenty or
by those of the last preceding article, but mixed Art. 82. The following marriages shall also be void eighteen years, as the case may be, such party freely
marriages between a Mohammedan or pagan male from the beginning: cohabited with the other and both lived together as
and a Christian female may be performed under the husband and wife;
provisions of the last preceding article if so desired by (1) Between stepfathers and stepdaughters, and
the contracting parties, subject, however, in the latter stepmothers and stepsons; (2) In a subsequent marriage under Article 83,
case to the provisions of the second paragraph of Number 2, that the former husband or wife believed to
said article. (26) (2) Between the adopting father or mother and the be dead was in fact living and the marriage with such
adopted, between the latter and the surviving spouse former husband or wife was then in force;
CHAPTER 3 of the former, and between the former and the
VOID AND VOIDABLE MARRIAGES surviving spouse of the latter; (3) That either party was of unsound mind, unless
such party, after coming to reason, freely cohabited
Art. 80. The following marriages shall be void from the (3) Between the legitimate children of the adopter and with the other as husband or wife;
beginning: the adopted. (28a)
(4) That the consent of either party was obtained by
(1) Those contracted under the ages of sixteen and Art. 83. Any marriage subsequently contracted by any fraud, unless such party afterwards, with full
fourteen years by the male and female respectively, person during the lifetime of the first spouse of such knowledge of the facts constituting the fraud, freely
even with the consent of the parents; person with any person other than such first spouse cohabited with the other as her husband or his wife,
shall be illegal and void from its performance, unless: as the case may be;
(2) Those solemnized by any person not legally
authorized to perform marriages; (1) The first marriage was annulled or dissolved; or (5) That the consent of either party was obtained by
force or intimidation, unless the violence or threat
(3) Those solemnized without a marriage license, (2) The first spouse had been absent for seven having disappeared, such party afterwards freely
save marriages of exceptional character; consecutive years at the time of the second marriage cohabited with the other as her husband or his wife,
without the spouse present having news of the as the case may be;
(4) Bigamous or polygamous marriages not falling absentee being alive, or if the absentee, though he
under Article 83, Number 2; has been absent for less than seven years, is (6) That either party was, at the time of marriage,
generally considered as dead and believed to be so physically incapable of entering into the married state,
(5) Incestuous marriages mentioned in Article 81; by the spouse present at the time of contracting such and such incapacity continues, and appears to be
subsequent marriage, or if the absentee is presumed incurable. (30a)
(6) Those where one or both contracting parties have dead according to Articles 390 and 391. The marriage
been found guilty of the killing of the spouse of either so contracted shall be valid in any of the three cases
of them;
Art. 86. Any of the following circumstances shall (5) For causes mentioned in Number 5, by the injured (4) If a bigamous or polygamous marriage was
constitute fraud referred to in Number 4 of the party, within four years from the time the force or celebrated, and the impediment was concealed from
preceding article: intimidation ceased; the plaintiff by the party disqualified;

(1) Misrepresentation as to the identity of one of the (6) For causes mentioned in Number 6, by the injured (5) If in an incestuous marriage, or a marriage
contracting parties; party, within eight years after the marriage. (31a) between a stepbrother and a stepsister or other
marriage prohibited by article 82, the relationship was
(2) Non-disclosure of the previous conviction of the Art. 88. No judgment annulling a marriage shall be known to only one of the contracting parties but was
other party of a crime involving moral turpitude, and promulgated upon a stipulation of facts or by not disclosed to the other;
the penalty imposed was imprisonment for two years confession of judgment.
or more; (6) If one party was insane and the other was aware
Art. 89. Children conceived or born of marriages thereof at the time of the marriage. (n)
(3) Concealment by the wife of the fact that at the which are void from the beginning shall have the
time of the marriage, she was pregnant by a man same status, rights and obligations as acknowledged CHAPTER 4
other than her husband. natural children, and are called natural children by AUTHORITY TO SOLEMNIZE MARRIAGES
legal fiction.
No other misrepresentation or deceit as to character, Art. 92. Every priest, or minister, or rabbi authorized
rank, fortune or chastity shall constitute such fraud as Children conceived of voidable marriages before the by his denomination, church, sect, or religion to
will give grounds for action for the annulment of decree of annulment shall be considered as solemnize marriage shall send to the proper
marriage. (n) legitimate; and children conceived thereafter shall government office a sworn statement setting forth his
have the same status, rights and obligations as full name and domicile, and that he is authorized by
Art. 87. The action for annulment of marriage must be acknowledged natural children, and are also called his denomination, church, sect, or religion to
commenced by the parties and within the periods as natural children by legal fiction. (n) solemnize marriage, attaching to said statement a
follows: certified copy of his appointment. The director of the
Art. 90. When a marriage is annulled, the court shall proper government office, upon receiving such sworn
(1) For causes mentioned in Number 1 of Article 85, award the custody of the children as it may deem statement containing the information required, and
by the party whose parent or guardian did not give his best, and make provision for their education and being satisfied that the denomination, church, sect, or
or her consent, within four years after attaining the support. Attorney's fees and expenses incurred in the region of the applicant operates in the Philippines,
age of twenty or eighteen years, as the case may be; litigation shall be charged to the conjugal partnership shall record the name of such priest or minister in a
or by the parent or guardian or person having legal property, unless the action fails. (33a) suitable register and issue to him an authorization to
charge, at any time before such party has arrived at solemnize marriage. Said priest or minister or rabbi
the age of twenty or eighteen years; Art. 91. Damages may be awarded in the following shall be obliged to exhibit his authorization to the
cases when the marriage is judicially annulled or contracting parties, to their parents, grandparents,
(2) For causes mentioned in Number 2 of Article 85, declared void from the beginning: guardians, or persons in charge demanding the same.
by the spouse who has been absent, during his or her No priest or minister not having the required
lifetime; or by either spouse of the subsequent (1) If there has been fraud, force or intimidation in authorization may solemnize marriage. (34a)
marriage during the lifetime of the other; obtaining the consent of one of the contracting
parties; Art. 93. Freedom of religion shall be observed by
(3) For causes mentioned in Number 3 of Article 85, public officials in the issuance of authorization to
by the sane spouse, who had no knowledge of the (2) If either party was, at the time of the marriage, solemnize marriages. Consequently, no public official
other's insanity; or by any relative or guardian of the physically incapable of entering into the married state, shall attempt to inquire into the truth or validity of any
party of unsound mind, at any time before the death and the other party was unaware thereof; religious doctrine held by the applicant or by his
of either party; church. (n)
(3) If the person solemnizing the marriage was not
(4) For causes mentioned in Number 4, by the injured legally authorized to perform marriages, and that fact Art. 94. The public official in charge of registration of
party, within four years after the discovery of the was known to one of the contracting parties, but he or priests and ministers shall cancel the authorization
fraud; she concealed it from the other; issued to a bishop, head, priest, rabbi, pastor or
minister of the gospel of any denomination, church,
sect, or religion, on his own initiative or at the request
of any interested party, upon showing that the church,
sect or religion whose ministers have been authorized concubinage. Where both spouses are offenders, a parents have by mutual agreement, made provision
to solemnize marriage is no longer in operation. The legal separation cannot be claimed by either of them. for the care of said minor children and these are, in
cancellation of the authorization granted to a priest, Collusion between the parties to obtain legal the judgment of the court, well cared for. (7a, Act
pastor or minister shall likewise be ordered upon the separation shall cause the dismissal of the petition. 2710)
request of the bishop, head, or lawful authorities of (3a, Act No. 2710)
the denomination, church, sect or religion to which he Art. 106. The decree of legal separation shall have
belongs. (35a) Art. 101. No decree of legal separation shall be the following effects:
promulgated upon a stipulation of facts or by
Art. 95. The public official in charge of registration of confession of judgment. (1) The spouses shall be entitled to live separately
priests and ministers, with the approval of the proper from each other, but marriage bonds shall not be
head of Department, is hereby authorized to prepare In case of non-appearance of the defendant, the court severed;
the necessary forms and to promulgate regulations for shall order the prosecuting attorney to inquire whether
the purpose of enforcing the provisions of this Title. or not a collusion between the parties exists. If there (2) The conjugal partnership of gains or the absolute
Said official may also by regulations fix and collect is no collusion, the prosecuting attorney shall conjugal community of property shall be dissolved
fees for the authorization of priests and ministers to intervene for the State in order to take care that the and liquidated, but the offending spouse shall have no
solemnize marriages. (36a) evidence for the plaintiff is not fabricated. (n) right to any share of the profits earned by the
partnership or community, without prejudice to the
Art. 96. The existing laws which punish acts or Art. 102. An action for legal separation cannot be filed provisions of Article 176;
omissions concerning the marriage license, except within one year from and after the date on
solemnization of marriage, authority to solemnize which the plaintiff became cognizant of the cause and (3) The custody of the minor children shall be
marriages, and other acts or omissions relative to the within five years from and after the date when such awarded to the innocent spouse, unless otherwise
celebration of marriage shall remain and continue to cause occurred. (4a, Act 2710) directed by the court in the interest of said minors, for
be in force. (n) whom said court may appoint a guardian;
Art. 103. An action for legal separation shall in no
Title IV. - LEGAL SEPARATION case be tried before six months shall have elapsed (4) The offending spouse shall be disqualified from
since the filing of the petition. (5a, Act 2710) inheriting from the innocent spouse by intestate
Art. 97. A petition for legal separation may be filed: succession. Moreover, provisions in favor of the
Art. 104. After the filing of the petition for legal offending spouse made in the will of the innocent one
(1) For adultery on the part of the wife and for separation, the spouses shall be entitled to live shall be revoked by operation of law. (n)
concubinage on the part of the husband as defined in separately from each other and manage their
the Penal Code; or respective property. Art. 107. The innocent spouse, after a decree of legal
separation has been granted, may revoke the
(2) An attempt by one spouse against the life of the The husband shall continue to manage the conjugal donations by reason of marriage made by him or by
other. (n) partnership property but if the court deems it proper, it her to the offending spouse. Alienation and mortgages
may appoint another to manage said property, in made before the notation of the complaint for
Art. 98. In every case the court must take steps, which case the administrator shall have the same revocation in the Registry of Property shall be valid.
before granting the legal separation, toward the rights and duties as a guardian and shall not be
reconciliation of the spouses, and must be fully allowed to dispose of the income or of the capital This action lapses after four years following the date
satisfied that such reconciliation is highly improbable. except in accordance with the orders of the court. (6, the decree became final. (n)
(n) Act 2710)
Art. 108. Reconciliation stops the proceedings for
Art. 99. No person shall be entitled to a legal Art. 105. During the pendency of legal separation legal separation and rescinds the decree of legal
separation who has not resided in the Philippines for proceedings the court shall make provision for the separation already rendered.
one year prior to the filing of the petition, unless the care of the minor children in accordance with the
cause for the legal separation has taken place within circumstances and may order the conjugal The revival of the conjugal partnership of gains or of
the territory of this Republic. (Sec. 2a, Act No. 2710) partnership property or the income therefrom to be set the absolute conjugal community of property shall be
aside for their support; and in default thereof said governed by Article 195. (10a. Act 2710)
Art. 100. The legal separation may be claimed only by minor children shall be cared for in conformity with the
the innocent spouse, provided there has been no provisions of this Code; but the Court shall abstain
condonation of or consent to the adultery or from making any order in this respect in case the Title V. - RIGHTS AND OBLIGATIONS
 BETWEEN HUSBAND AND WIFE (8) If the litigation is incidental to the profession, the court will decide whatever may be proper and in
occupation or business in which she is engaged; the best interest of the family. (n)
Art. 109. The husband and wife are obliged to live
together, observe mutual respect and fidelity, and (9) In any civil action referred to in Articles 25 to 35; Title VI. - PROPERTY RELATIONS
render mutual help and support. (56a) and BETWEEN HUSBAND AND WIFE

Art. 110. The husband shall fix the residence of the (10) In an action upon a quasi-delict. CHAPTER 1
family. But the court may exempt the wife from living GENERAL PROVISIONS
with the husband if he should live abroad unless in In the cases mentioned in Nos. 7 to 10, the husband
the service of the Republic. (58a) must be joined as a party defendant if the third Art. 118. The property relations between husband and
paragraph of Article 163 is applicable. (n) wife shall be governed in the following order:
Art. 111. The husband is responsible for the support of
the wife and the rest of the family. These expenses Art. 114. The wife cannot, without the husband's (1) By contract executed before the marriage;
shall be met first from the conjugal property, then from consent acquire any property by gratuitous title,
the husband's capital, and lastly from the wife's except from her ascendants, descendants, parents-in- (2) By the provisions of this Code; and
paraphernal property. In case there is a separation of law, and collateral relatives within the fourth degree.
property, by stipulation in the marriage settlements, (n) (3) By custom. (1315a)
the husband and wife shall contribute proportionately
to the family expenses. (n) Art. 115. The wife manages the affairs of the Art. 119. The future spouses may in the marriage
household. She may purchase things necessary for settlements agree upon absolute or relative
Art. 112. The husband is the administrator of the the support of the family, and the conjugal partnership community of property, or upon complete separation
conjugal property, unless there is a stipulation in the shall be bound thereby. She may borrow money for of property, or upon any other regime. In the absence
marriage settlements conferring the administration this purpose, if the husband fails to deliver the proper of marriage settlements, or when the same are void,
upon the wife. She may also administer the conjugal sum. The purchase of jewelry and precious objects is the system of relative community or conjugal
partnership in other cases specified in this Code. (n) voidable, unless the transaction has been expressly partnership of gains as established in this Code, shall
or tacitly approved by the husband, or unless the govern the property relations between husband and
Art. 113. The husband must be joined in all suits by or price paid is from her paraphernal property. (62a) wife. (n)
against the wife, except:
Art. 116. When one of the spouses neglects his or her Art. 120. A minor who according to law may contract
(1) When they are judicially separated; duties to the conjugal union or brings danger, marriage, may also execute his or her marriage
dishonor or material injury upon the other, the injured settlements; but they shall be valid only if the persons
(2) If they have in fact been separated for at least one party may apply to the court for relief. designated by law to give consent to the marriage of
year; the minor take part in the ante-nuptial agreement. In
The court may counsel the offender to comply with his the absence of the parents or of a guardian, the
(3) When there is a separation of property agreed or her duties, and take such measures as may be consent to the marriage settlements will be given by
upon in the marriage settlements; proper. (n) the family council. (1318a)

(4) If the administration of all the property in the Art. 117. The wife may exercise any profession or Art. 121. In order that any modification in the marriage
marriage has been transferred to her, in accordance occupation or engage in business. However, the settlements may be valid, it must be made before the
with Articles 196 and 197; husband may object, provided: celebration of the marriage, subject to the provisions
of Article 191. (1319a)
(5) When the litigation is between the husband and (1) His income is sufficient for the family, according to
wife; its social standing, and Art. 122. The marriage settlements and any
modification thereof shall be governed by the Statute
(6) If the suit concerns her paraphernal property; (2) His opposition is founded on serious and valid of Frauds, and executed before the celebration of the
grounds. marriage. They shall not prejudice third persons
(7) When the action is upon the civil liability arising unless they are recorded in the Registry of Property.
from a criminal offense; In case of disagreement on this question, the parents (1321a)
and grandparents as well as the family council, if any,
shall be consulted. If no agreement is still arrived at,
Art. 123. For the validity of marriage settlements Art. 129. Express acceptance is not necessary for the by another marriage, or to persons of whom the other
executed by any person upon whom a sentence of validity of these donations. (1330) spouse is a presumptive heir at the time of the
civil interdiction has been pronounced, the presence donation are voidable, at the instance of the donor's
and participation of the guardian shall be Art. 130. The future spouses may give each other in heirs after his death. (1335a)
indispensable, who for this purpose shall be their marriage settlements as much as one-fifth of
designated by a competent court, in accordance with their present property, and with respect to their future CHAPTER 3
the provisions of the Rules of Court. (1323a) property, only in the event of death, to the extent laid PARAPHERNAL PROPERTY
down by the provisions of this Code referring to
Art. 124. If the marriage is between a citizen of the testamentary succession. (1331a) Art. 135. All property brought by the wife to the
Philippines and a foreigner, whether celebrated in the marriage, as well as all property she acquires during
Philippines or abroad, the following rules shall prevail: Art. 131. The donor by reason of marriage shall the marriage, in accordance with article 148, is
release the property donated from mortgages and all paraphernal. (1381a)
(1) If the husband is a citizen of the Philippines while other encumbrances upon the same, with the
the wife is a foreigner, the provisions of this Code exception of easements, unless in the marriage Art. 136. The wife retains the ownership of the
shall govern their relations; settlements or in the contracts the contrary has been paraphernal property. (1382)
stipulated. (1332a)
(2) If the husband is a foreigner and the wife is a Art. 137. The wife shall have the administration of the
citizen of the Philippines, the laws of the husband's Art. 132. A donation by reason of marriage is not paraphernal property, unless she delivers the same to
country shall be followed, without prejudice to the revocable, save in the following cases: the husband by means of a public instrument
provisions of this Code with regard to immovable empowering him to administer it.
property. (1325a) (1) If it is conditional and the condition is not complied
with; In this case, the public instrument shall be recorded in
Art. 125. Everything stipulated in the settlements or the Registry of Property. As for the movables, the
contracts referred to in the preceding articles in (2) If the marriage is not celebrated; husband shall give adequate security. (1384a)
consideration of a future marriage shall be rendered
void and without effect whatever, if the marriage (3) When the marriage takes place without the Art. 138. The fruits of the paraphernal property form
should not take place. However, those stipulations consent of the parents or guardian, as required by part of the assets of the conjugal partnership, and
that do not depend upon the celebration of the law; shall be subject to the payment of the expenses of the
marriage shall be valid. (1326a) marriage.
(4) When the marriage is annulled, and the donee
CHAPTER 2 acted in bad faith; The property itself shall also be subject to the daily
DONATIONS BY REASON OF MARRIAGE expenses of the family, if the property of the conjugal
(5) Upon legal separation, the donee being the guilty partnership and the husband's capital are not
Art. 126. Donations by reasons of marriage are those spouse; sufficient therefor. (1385a)
which are made before its celebration, in
consideration of the same and in favor of one or both (6) When the donee has committed an act of Art. 139. The personal obligations of the husband can
of the future spouses. (1327) ingratitude as specified by the provisions of this Code not be enforced against the fruits of the paraphernal
on donations in general. (1333a) property, unless it be proved that they redounded to
Art. 127. These donations are governed by the rules the benefit of the family. (1386)
on ordinary donations established in Title III of Book Art. 133. Every donation between the spouses during
III, except as to their form which shall be regulated by the marriage shall be void. This prohibition does not Art. 140. A married woman of age may mortgage,
the Statute of Frauds; and insofar as they are not apply when the donation takes effect after the death encumber, alienate or otherwise dispose of her
modified by the following articles. (1328a) of the donor. paraphernal property, without the permission of the
husband, and appear alone in court to litigate with
Art. 128. Minors may make and receive donations in Neither does this prohibition apply to moderate gifts regard to the same. (n)
their ante-nuptial contract, provided they are which the spouses may give each other on the
authorized by the persons who are to give their occasion of any family rejoicing. (1334a) Art. 141. The alienation of any paraphernal property
consent to the marriage of said minors. (1329a) administered by the husband gives a right to the wife
Art. 134. Donations during the marriage by one of the to require the constitution of a mortgage or any other
spouses to the children whom the other spouse had
security for the amount of the price which the Art. 148. The following shall be the exclusive property
husband may have received. (1390a) of each spouse: (2) That which is obtained by the industry, or work, or
as salary of the spouses, or of either of them;
CHAPTER 4 (1) That which is brought to the marriage as his or her
CONJUGAL PARTNERSHIP OF GAINS own; (3) The fruits, rents or interests received or due during
the marriage, coming from the common property or
SECTION 1. - General Provisions (2) That which each acquires, during the marriage, by from the exclusive property of each spouse. (1401)
lucrative title;
Art. 142. By means of the conjugal partnership of Art. 154. That share of the hidden treasure which the
gains the husband and wife place in a common fund (3) That which is acquired by right of redemption or by law awards to the finder or the proprietor belongs to
the fruits of their separate property and the income exchange with other property belonging to only one of the conjugal partnership. (n)
from their work or industry, and divide equally, upon the spouses;
the dissolution of the marriage or of the partnership, Art. 155. Things acquired by occupation, such as
the net gains or benefits obtained indiscriminately by (4) That which is purchased with exclusive money of fishing and hunting, pertain to the conjugal
either spouse during the marriage. (1392a) the wife or of the husband. (1396) partnership of gains. (n)

Art. 143. All property of the conjugal partnership of Art. 149. Whoever gives or promises capital to the Art. 156. Whenever an amount or credit payable in a
gains is owned in common by the husband and wife. husband shall not be subject to warranty against certain number of years belongs to one of the
(n) eviction, except in case of fraud. (1937) spouses, the sums which may be collected by
installments due during the marriage shall not pertain
Art. 144. When a man and a woman live together as Art. 150. Property donated or left by will to the to the conjugal partnership, but shall be considered
husband and wife, but they are not married, or their spouses, jointly and with designation of determinate capital of the husband or of the wife, as the credit may
marriage is void from the beginning, the property shares, shall pertain to the wife as paraphernal belong to one or the other spouse. (1402)
acquired by either or both of them through their work property, and to the husband as capital, in the
or industry or their wages and salaries shall be proportion specified by the donor or testator, and in Art. 157. The right to an annuity, whether perpetual or
governed by the rules on co-ownership. (n) the absence of designation, share and share alike, of life, and the right of usufruct, belonging to one of
without prejudice to what is provided in Article 753. the spouses shall form a part of his or her separate
Art. 145. The conjugal partnership shall commence (1398a) property, but the fruits, pensions and interests due
precisely on the date of the celebration of the during the marriage shall belong to the partnership.
marriage. Any stipulation to the contrary shall be void. Art. 151. If the donations are onerous, the amount of
(1393) the charges shall be deducted from the paraphernal The usufruct which the spouses have over the
property or from the husband's capital, whenever they property of their children, though of another marriage,
Art. 146. Waiver of the gains or of the effects of this have been borne by the conjugal partnership. (1399a) shall be included in this provision. (1403a)
partnership during marriage cannot be made except
in case of judicial separation. Art. 152. If some credit payable in a certain number of Art. 158. Improvements, whether for utility or
years, or a life pension, should pertain to one of the adornment, made on the separate property of the
When the waiver takes place by reason of separation, spouses, the provisions of Articles 156 and 157 shall spouses through advancements from the partnership
or after the marriage has been dissolved or annulled, be observed to determine what constitutes the or through the industry of either the husband or the
the same shall appear in a public instrument, and the paraphernal property and what forms the capital of wife, belong to the conjugal partnership.
creditors shall have the right which Article 1052 grants the husband. (1400a)
them. (1394a) Buildings constructed, at the expense of the
SECTION 3. - Conjugal Partnership Property partnership, during the marriage on land belonging to
Art. 147. The conjugal partnership shall be governed one of the spouses, also pertain to the partnership,
by the rules on the contract of partnership in all that is Art. 153. The following are conjugal partnership but the value of the land shall be reimbursed to the
not in conflict with what is expressly determined in this property: spouse who owns the same. (1404a)
Chapter. (1395)
(1) That which is acquired by onerous title during the Art. 159. Whenever the paraphernal property or the
SECTION 2. - Exclusive Property of Each Spouse marriage at the expense of the common fund, husband's capital consists, in whole or in part, of
whether the acquisition be for the partnership, or for livestock existing upon the dissolution of the
only one of the spouses; partnership, the number of animals exceeding that
brought to the marriage shall be deemed to be of the Neither shall the fines and pecuniary indemnities Art. 169. The wife may also by express authority of
conjugal partnership. (1405a) imposed upon them be charged to the partnership. the husband appearing in a public instrument,
administer the latter's estate. (n)
Art. 160. All property of the marriage is presumed to However, the payment of debts contracted by the
belong to the conjugal partnership, unless it be husband or the wife before the marriage, and that of Art. 170. The husband or the wife may dispose by will
proved that it pertains exclusively to the husband or to fines and indemnities imposed upon them, may be of his or her half of the conjugal partnership profits.
the wife. (1407) enforced against the partnership assets after the (1414a)
responsibilities enumerated in Article 161 have been
SECTION 4. - Charges Upon and Obligation covered, if the spouse who is bound should have no Art. 171. The husband may dispose of the conjugal
of the Conjugal Partnership exclusive property or if it should be insufficient; but at partnership property for the purposes specified in
the time of the liquidation of the partnership such Articles 161 and 162. (1415a)
Art. 161. The conjugal partnership shall be liable for: spouse shall be charged for what has been paid for
the purpose above-mentioned. (1410) Art. 172. The wife cannot bind the conjugal
(1) All debts and obligations contracted by the partnership without the husband's consent except in
husband for the benefit of the conjugal partnership, Art. 164. Whatever may be lost during the marriage in cases provided by law. (1416a)
and those contracted by the wife, also for the same any kind of gambling, betting or game, whether
purpose, in the cases where she may legally bind the permitted or prohibited by law, shall be borne by the Art. 173. The wife may, during the marriage, and
partnership; loser, and shall not be charged to the conjugal within ten years from the transaction questioned, ask
partnership. (1411a) the courts for the annulment of any contract of the
(2) Arrears or income due, during the marriage, from husband entered into without her consent, when such
obligations which constitute a charge upon property of SECTION 5. - Administration of the Conjugal consent is required, or any act or contract of the
either spouse or of the partnership; Partnership husband which tends to defraud her or impair her
interest in the conjugal partnership property. Should
(3) Minor repairs or for mere preservation made Art. 165. The husband is the administrator of the the wife fail to exercise this right, she or her heirs,
during the marriage upon the separate property of conjugal partnership. (1412a) after the dissolution of the marriage, may demand the
either the husband or the wife; major repairs shall not value of property fraudulently alienated by the
be charged to the partnership; Art. 166. Unless the wife has been declared a non husband. (n)
compos mentis or a spendthrift, or is under civil
(4) Major or minor repairs upon the conjugal interdiction or is confined in a leprosarium, the Art. 174. With the exception of moderate donations for
partnership property; husband cannot alienate or encumber any real charity, neither husband nor wife can donate any
property of the conjugal partnership without the wife's property of the conjugal partnership without the
(5) The maintenance of the family and the education consent. If she refuses unreasonably to give her consent of the other. (n)
of the children of both husband and wife, and of consent, the court may compel her to grant the same.
legitimate children of one of the spouses; SECTION 6. - Dissolution of the Conjugal Partnership
This article shall not apply to property acquired by the
(6) Expenses to permit the spouses to complete a conjugal partnership before the effective date of this Art. 175. The conjugal partnership of gains
professional, vocational or other course. (1408a) Code. (1413a) terminates:

Art. 162. The value of what is donated or promised to Art. 167. In case of abuse of powers of administration (1) Upon the death of either spouse;
the common children by the husband, only for of the conjugal partnership property by the husband,
securing their future or the finishing of a career, or by the courts, on petition of the wife, may provide for (2) When there is a decree of legal separation;
both spouses through a common agreement, shall receivership, or administration by the wife, or
also be charged to the conjugal partnership, when separation of property. (n) (3) When the marriage is annulled;
they have not stipulated that it is to be satisfied from
the property of one of them, in whole or in part. (1409) Art. 168. The wife may, by express authority of the (4) In case of judicial separation of property under
husband embodied in a public instrument, administer Article 191. (1417a)
Art. 163. The payment of debts contracted by the the conjugal partnership property. (n)
husband or the wife before the marriage shall not be Art. 176. In case of legal separation, the guilty spouse
charged to the conjugal partnership. 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 for support which exceeds the fruits or rents
had by a prior marriage. However, if the conjugal Art. 181. The inventory having been completed, the pertaining to them. (1430)
partnership property came mostly or entirely from the paraphernal property shall first be paid. Then, the
work or industry, or from the wages and salaries, or debts and charges against the conjugal partnership Art. 189. Whenever the liquidation of the partnership
from the fruits of the separate property of the guilty shall be paid. (1422a) of two or more marriages contracted by the same
spouse, this forfeiture shall not apply. person should be carried out at the same time, in
In case there are no children, the innocent spouse Art. 182. The debts, charges and obligations of the order to determine the capital of each partnership all
shall be entitled to all the net profits. (n) conjugal partnership having been paid; the capital of kinds of proof in the absence of inventories shall be
the husband shall be liquidated and paid to the admitted; and in case of doubt, the partnership
Art. 177. In case of annulment of the marriage, the amount of the property inventoried. (1423a) property shall be divided between the different
spouse who acted in bad faith or gave cause for partnerships in proportion to the duration of each and
annulment shall forfeit his or her share of the conjugal Art. 183. The deductions from the inventoried property to the property belonging to the respective spouses.
partnership profits. The provision of the preceding having been made as provided in the two preceding (1431)
article shall govern. (n) articles, the remainder of said property shall constitute
the credit of the conjugal partnership. (1424) CHAPTER 5
Art. 178. The separation in fact between husband and SEPARATION OF PROPERTY OF THE SPOUSES
wife without judicial approval, shall not affect the Art. 184. The loss or deterioration of the movables AND ADMINISTRATION OF PROPERTY
conjugal partnership, except that: belonging to either spouse, although through BY THE WIFE DURING THE MARRIAGE
fortuitous event, shall be paid from the conjugal
(1) The spouse who leaves the conjugal home or partnership of gains, should there be any. Art. 190. In the absence of an express declaration in
refuses to live therein, without just cause, shall not the marriage settlements, the separation of property
have a right to be supported; Those suffered by real property shall not be between spouses during the marriage shall not take
reimbursable in any case, except those on place save in virtue of a judicial order. (1432a)
(2) When the consent of one spouse to any paraphernal property administered by the husband,
transaction of the other is required by law, judicial when the losses were due to his fault. He shall pay for Art. 191. The husband or the wife may ask for the
authorization shall be necessary; the same. (1425a) separation of property, and it shall be decreed when
the spouse of the petitioner has been sentenced to a
(3) If the husband has abandoned the wife without Art. 185. The net remainder of the conjugal penalty which carries with it civil interdiction, or has
just cause for at least one year, she may petition the partnership of gains shall be divided equally between been declared absent, or when legal separation has
court for a receivership, or administration by her of the the husband and the wife or their respective heirs, been granted.
conjugal partnership property, or separation of unless a different basis of division was agreed upon in
property. (n) the marriage settlements. (1426a) In case of abuse of powers of administration of the
conjugal partnership property by the husband, or in
SECTION 7. - Liquidation of the Conjugal Partnership Art. 186. The mourning apparel of the widow shall be case of abandonment by the husband, separation of
paid for out of the estate of the deceased husband. property may also be ordered by the court, according
Art. 179. Upon the dissolution of the conjugal (1427a) to the provisions of Articles 167 and 178, No. 3.
partnership, an inventory shall be formed, but such
inventory shall not be necessary: Art. 187. With regard to the formation of the inventory, In all these cases, it is sufficient to present the final
rules for appraisal and sale of property of the conjugal judgment which has been entered against the guilty or
(1) If, after the dissolution of the partnership, one of partnership, and other matters which are not absent spouse. (1433a)
the spouses should have renounced its effects and expressly determined in the present Chapter, the
consequences in due time; or Rules of Court on the administration of estates of The husband and the wife may agree upon the
deceased persons shall be observed. (1428a) dissolution of the conjugal partnership during the
(2) When separation of property has preceded the marriage, subject to judicial approval. All the creditors
dissolution of the partnership. (1418a) Art. 188. From the common mass of property support of the husband and of the wife, as well as of the
shall be given to the surviving spouse and to the conjugal partnership shall be notified of any petition
Art. 180. The bed and bedding which the spouses children during the liquidation of the inventoried for judicial approval or the voluntary dissolution of the
ordinarily use shall not be included in the inventory. property and until what belongs to them is delivered; conjugal partnership, so that any such creditors may
These effects, as well as the clothing for their ordinary but from this shall be deducted that amount received appear at the hearing to safeguard his interests. Upon
use, shall be delivered to the surviving spouse. (1420) approval of the petition for dissolution of the conjugal
partnership, the court shall take such measures as
may protect the creditors and other third persons. In the above cases, the property relations between Art. 199. In the absence of stipulation to the contrary,
the spouses shall be governed by the same rules as the community shall consist of all present and future
After dissolution of the conjugal partnership, the before the separation, without prejudice to the acts property of the spouses not excepted by law.
provisions of Articles 214 and 215 shall apply. The and contracts legally executed during the separation.
provisions of this Code concerning the effect of The spouses shall state, in a public document, all the Art. 200. Neither spouse may renounce any
partition stated in Articles 498 to 501 shall be property which they return to the marriage and which inheritance without the consent of the other. In case of
applicable. (1433a) shall constitute the separate property of each. conflict, the court shall decide the question, after
consulting the family council, if there is any.
Art. 192. Once the separation of property has been This public document shall be recorded in the
ordered, the conjugal partnership shall be dissolved, Registry of Property. Art. 201. The following shall be excluded from the
and its liquidation shall be made in conformity with community:
what has been established by this Code. In the cases referred to in this article, all the property
brought in shall be deemed to be newly contributed, (1) Property acquired by gratuitous title by either
However, without prejudice to the provisions of Article even though all or some may be the same which spouse, when it is provided by the donor or testator
292, the husband and the wife shall be reciprocally existed before the liquidation effected by reason of that it shall not become a part of the community;
liable for their support during the separation, and for the separation. (1439a)
the support and education of their children; all in (2) Property inherited by either husband or wife
proportion to their respective property. Art. 196. With the conjugal partnership subsisting, the through the death of a child by a former marriage,
administration of all classes of property in the there being brothers or sisters of the full blood of the
The share of the spouse who is under civil interdiction marriage may be transferred by the courts to the wife: deceased child;
or absent shall be administered in accordance with
the Rules of Court. (1434a) (1) When she becomes the guardian of her husband; (3) A portion of the property of either spouse
equivalent to the presumptive legitime of the children
Art. 193. The complaint for separation and the final (2) When she asks for the declaration of his absence; by a former marriage;
judgment declaring the same, shall be noted and
recorded in the proper registers of property, if the (3) In case of civil interdiction of the husband. (4) Personal belongings of either spouse.
judgment should refer to immovable property. (1437)
The courts may also confer the administration to the However, all the fruits and income of the foregoing
Art. 194. The separation of property shall not wife, with such limitation as they may deem advisable, classes of property shall be included in the
prejudice the rights previously acquired by creditors. if the husband should become a fugitive from justice community.
(1438) or be in hiding as a defendant in a criminal case, or if,
being absolutely unable to administer, he should have Art. 202. Ante-nuptial debts of either spouse shall not
Art. 195. The separation of property ceases: failed to provide for administration. (1441a) be paid from the community, unless the same have
redounded to the benefit of the family.
(1) Upon reconciliation of the spouses, in case of Art. 197. The wife to whom the administration of all
legal separation; the property of the marriage is transferred shall have, Art. 203. Debts contracted by both spouses or by one
with respect to said property, the same powers and of them with the consent of the other shall be paid
(2) When the civil interdiction terminates; responsibility which the husband has when he is the from the community. If the common property is
administrator, but always subject to the provisions of insufficient to cover common debts, the same may be
(3) When the absent spouse appears; the last paragraph of the preceding article. (1442a) enforced against the separate property of the
spouses, who shall be equally liable.
(4) When the court, at the instance of the wife, CHAPTER 6
authorizes the husband to resume the administration SYSTEM OF ABSOLUTE COMMUNITY (n) Art. 204. Debts contracted by either spouse without
of the conjugal partnership, the court being satisfied the consent of the other shall be chargeable against
that the husband will not again abuse his powers as Art. 198. In case the future spouses agree in the the community to the extent that the family may have
an administrator; marriage settlements that the system of absolute been benefited thereby.
community shall govern their property relations during
(5) When the husband, who has abandoned the wife, marriage, the following provisions shall be of Art. 205. Indemnities that must be paid by either
rejoins her. supplementary application. spouse on account of a crime or of a quasi-delict shall
be paid from the common assets, without any without the consent of the other. All earnings from any or of the absolute community of property between
obligation to make reimbursement. profession, business or industry shall likewise belong husband and wife;
to each spouse.
Art. 206. The ownership, administration, possession (3) Every collusion to obtain a decree of legal
and enjoyment of the common property belong to Art. 215. Each spouse shall proportionately bear the separation, or of annulment of marriage;
both spouses jointly. In case of disagreement, the family expenses.
courts shall settle the difficulty. (4) Any simulated alienation of property with intent to
Title VII. - THE FAMILY (n) deprive the compulsory heirs of their legitime.
Art. 207. Neither spouse may alienate or encumber
any common property without the consent of the CHAPTER 1 Art. 222. No suit shall be filed or maintained between
other. In case of unjustifiable refusal by the other THE FAMILY AS AN INSTITUTION members of the same family unless it should appear
spouse, the courts may grant the necessary consent. that earnest efforts toward a compromise have been
Art. 216. The family is a basic social institution which made, but that the same have failed, subject to the
Art. 208. The absolute community of property shall be public policy cherishes and protects. limitations in Article 2035.
dissolved on any of the grounds specified in Article
175. Art. 217. Family relations shall include those: CHAPTER 2
THE FAMILY HOME (n)
Art. 209. When there is a separation in fact between (1) Between husband and wife;
husband and wife, without judicial approval, the SECTION 1. - General Provisions
provisions of Article 178 shall apply. (2) Between parent and child;
Art. 223. The family home is the dwelling house
Art. 210. Upon the dissolution and liquidation of the (3) Among other ascendants and their descendants; where a person and his family reside, and the land on
community, the net assets shall be divided equally which it is situated. If constituted as herein provided,
between the husband and the wife or their heirs. In (4) Among brothers and sisters. the family home shall be exempt from execution,
case of legal separation or annulment of marriage, the forced sale or attachment, except as provided in
provisions of Articles 176 and 177 shall apply to the Art. 218. The law governs family relations. No custom, Articles 232 and 243.
net profits acquired during the marriage. practice or agreement which is destructive of the
family shall be recognized or given any effect. Art. 224. The family home may be established
Art. 211. Liquidation of the absolute community shall judicially or extrajudicially.
be governed by the Rules of Court on the Art. 219. Mutual aid, both moral and material, shall be
administration of the estate of deceased persons. rendered among members of the same family. SECTION 2. - Judicial Constitution of the Family
Judicial and administrative officials shall foster this Home
CHAPTER 7 mutual assistance.
SYSTEM OF COMPLETE SEPARATION OF Art. 225. The family home may be constituted by a
PROPERTY (n) Art. 220. In case of doubt, all presumptions favor the verified petition to the Court of First Instance by the
solidarity of the family. Thus, every intendment of law owner of the property, and by approval thereof by the
Art. 212. Should the future spouses agree in the or facts leans toward the validity of marriage, the court.
marriage settlements that their property relations indissolubility of the marriage bonds, the legitimacy of
during marriage shall be based upon the system of children, the community of property during marriage, Art. 226. The following shall be beneficiaries of the
complete separation of property, the following the authority of parents over their children, and the family home:
provisions shall supplement the marriage settlements. validity of defense for any member of the family in
case of unlawful aggression. (1) The person establishing the same;
Art. 213. Separation of property may refer to present
or future property or both. It may be total or partial. In Art. 221. The following shall be void and of no effect: (2) His or her spouse;
the latter case, the property not agreed upon as
separate shall pertain to the conjugal partnership of (1) Any contract for personal separation between (3) His or her parents, ascendants, descendants,
gains. husband and wife; brothers and sisters, whether the relationship be
legitimate or otherwise, who are living in the family
Art. 214. Each spouse shall own, dispose of, possess, (2) Every extra-judicial agreement, during marriage, home and who depend upon him for support.
administer and enjoy his or her own separate estate, for the dissolution of the conjugal partnership of gains
Art. 227. The family home may also be set up by an Art. 238. Upon the death of the person who has set
unmarried person who is the head of a family or (2) In satisfaction of a judgment on a debt secured by up the family home, the same shall continue, unless
household. a mortgage constituted on the immovable before or he desired otherwise in his will. The heirs cannot ask
after the establishment of the family home. for its partition during the first ten years following the
Art. 228. If the petitioner is married, the family home death of the person constituting the same, unless the
may be selected from the conjugal partnership or In case of insolvency of the person constituting the court finds powerful reasons therefor.
community property, or from the separate property of family home, the property shall not be considered one
the husband, or, with the consent of the wife, from her of the assets to be taken possession of by the Art. 239. The family home shall not be subject to
paraphernal property. assignee for the benefit of creditors. payment of the debts of the deceased, unless in his
will the contrary is stated. However, the claims
Art. 229. The petition shall contain the following Art. 233. The order of the court approving the mentioned in Article 232 shall not be adversely
particulars: establishment of the family home shall be recorded in affected by the death of the person who has
the Registry of Property. established the family home.
(1) Description of the property;
Art. 234. When there is danger that a person obliged SECTION 3. - Extra-judicial Creation of the Family
(2) An estimate of its actual value; to give support may lose his or her fortune because of Home
grave mismanagement or on account of riotous living,
(3) A statement that the petitioner is actually residing his or her spouse, if any, and a majority of those Art. 240. The family home may be extrajudicially
in the premises; entitled to be supported by him or by her may petition constituted by recording in the Registry of Property a
the Court of First Instance for the creation of the public instrument wherein a person declares that he
(4) The encumbrances thereon; family home. thereby establishes a family home out of a dwelling
place with the land on which it is situated.
(5) The names and addresses of all the creditors of Art. 235. The family home may be sold, alienated or
the petitioner and of all mortgagees and other encumbered by the person who has constituted the Art. 241. The declaration setting up the family home
persons who have an interest in the property; same, with the consent of his or her spouse, and with shall be under oath and shall contain:
the approval of the court. However, the family home
(6) The names of the other beneficiaries specified in shall under no circumstances be donated as long as (1) A statement that the claimant is the owner of, and
Article 226. there are beneficiaries. In case of sale, the price or is actually residing in the premises;
such portion thereof as may be determined by the
Art. 230. Creditors, mortgagees and all other persons court shall be used in acquiring property which shall (2) A description of the property;
who have an interest in the estate shall be notified of be formed into a new family home. Any sum of money
the petition, and given an opportunity to present their obtained through an encumbrance on the family home (3) An estimate of its actual value; and
objections thereto. The petition shall, moreover, be shall be used in the interest of the beneficiaries. The
published once a week for three consecutive weeks in court shall take measures to implement the last two (4) The names of the claimant's spouse and the other
a newspaper of general circulation. provisions. beneficiaries mentioned in Article 226.

Art. 231. If the court finds that the actual value of the Art. 236. The family home may be dissolved upon the Art. 242. The recording in the Registry of Property of
proposed family home does not exceed twenty petition of the person who has constituted the same, the declaration referred to in the two preceding
thousand pesos, or thirty thousand pesos in chartered with the written consent of his or her spouse and of at articles is the operative act which creates the family
cities, and that no third person is prejudiced, the least one half of all the other beneficiaries who are home.
petition shall be approved. Should any creditor whose eighteen years of age or over. The court may grant
claim is unsecured, oppose the establishment of the the petition if it is satisfactorily shown that the best Art. 243. The family home extrajudicially formed shall
family home, the court shall grant the petition if the interest of the family requires the dissolution of the be exempt from execution, forced sale or attachment,
debtor gives sufficient security for the debt. family home. except:

Art. 232. The family home, after its creation by virtue Art. 237. In case of legal separation or annulment of (1) For nonpayment of taxes;
of judicial approval, shall be exempt from execution, marriage, the family home shall be dissolved, and the
forced sale, or attachment, except: property shall cease to be exempt from execution, (2) For debts incurred before the declaration was
forced sale or attachment. recorded in the Registry of Property;
(1) For nonpayment of taxes; or
(3) For debts secured by mortgages on the premises The excess, if any, belongs to the person constituting Against this presumption no evidence shall be
before or after such record of the declaration; the family home. admitted other than that of the physical impossibility
of the husband's having access to his wife within the
(4) For debts due to laborers, mechanics, architects, Art. 250. The amount mentioned in Article 231 thus first one hundred and twenty days of three hundred
builders, material-men and others who have rendered received by the person who has established the which preceded the birth of the child.
service or furnished material for the prosecution of the family home, or as much thereof as the court may
building. determine, shall be invested in constitution of a new This physical impossibility may be caused:
family home. The court shall take measures to
Art. 244. The provisions of Articles 226 to 228 and enforce this provision. (1) By the impotence of the husband;
235 to 238 are likewise applicable to family homes
extrajudicially established. Art. 251. In case of insolvency of the person creating (2) By the fact that the husband and wife were living
the family home, the claims specified in Article 243 separately, in such a way that access was not
Art. 245. Upon the death of the person who has may be satisfied notwithstanding the insolvency possible;
extrajudicially constituted the family home, the proceedings.
property shall not be liable for his debts other than (3) By the serious illness of the husband. (108a)
those mentioned in Article 243. However, he may If the assignee has reasonable grounds to believe
provide in his will that the family home shall be that the actual value of the family home exceeds the Art. 256. The child shall be presumed legitimate,
subject to payment of debts not specified in Article amount fixed in Article 231, he may take action under although the mother may have declared against its
243. the provisions of Articles 247, 248 and 249. legitimacy or may have been sentenced as an
adulteress. (109)
Art. 246. No declaration for the extrajudicial CHAPTER 3
establishment of the family home shall be recorded in THE FAMILY COUNCIL (n) Art. 257. Should the wife commit adultery at or about
the Registry of Property if the estimated actual value the time of the conception of the child, but there was
of the building and the land exceeds the amount Art. 252. The Court of First Instance may, upon no physical impossibility of access between her and
stated in Article 231. application of any member of the family, a relative, or her husband as set forth in Article 255, the child is
a friend, appoint a family council, whose duty it shall prima facie presumed to be illegitimate if it appears
Art. 247. When a creditor whose claim is not be to advise the court, the spouses, the parents, highly improbable, for ethnic reasons, that the child is
mentioned in Article 243 obtains a judgment in his guardians and the family on important family that of the husband. For the purposes of this article,
favor, and he has reasonable grounds to believe that questions. the wife's adultery need not be proved in a criminal
the family home of the judgment debtor is worth more case. (n)
than the amount mentioned in Article 231, he may Art. 253. The family council shall be composed of five
apply to the Court of First Instance for an order members, who shall be relatives of the parties Art. 258. A child born within one hundred eighty days
directing the sale of the property under execution. concerned. But the court may appoint one or two following the celebration of the marriage is prima facie
friends of the family. presumed to be legitimate. Such a child is
Art. 248. The hearing on the petition, appraisal of the conclusively presumed to be legitimate in any of these
value of the family home, the sale under execution Art. 254. The family council shall elect its chairman, cases:
and other matters relative to the proceedings shall be and shall meet at the call of the latter or upon order of
governed by such provisions in the Rules of Court as the court. (1) If the husband, before the marriage, knew of the
the Supreme Court shall promulgate on the subject, pregnancy of the wife;
provided they are not inconsistent with this Code. Title VIII. - PATERNITY AND FILIATION
(2) If he consented, being present, to the putting of his
Art. 249. At the sale under execution referred to in the CHAPTER 1 surname on the record of birth of the child;
two preceding articles, no bid shall be considered LEGITIMATE CHILDREN
unless it exceeds the amount specified in Article 231. (3) If he expressly or tacitly recognized the child as
The proceeds of the sale shall be applied in the Art. 255. Children born after one hundred and eighty his own. (110a)
following order: days following the celebration of the marriage, and
before three hundred days following its dissolution or Art. 259. If the marriage is dissolved by the death of
(1) To the amount mentioned in Article 231; the separation of the spouses shall be presumed to the husband, and the mother contracted another
(2) To the judgment and the costs. be legitimate. marriage within three hundred days following such
death, these rules shall govern:
 husband should be in the same place, or in a proper CHAPTER 3
(1) A child born before one hundred eighty days after case, any of his heirs. LEGITIMATED CHILDREN
the solemnization of the subsequent marriage is
disputably presumed to have been conceived during If he or his heirs are absent, the period shall be Art. 269. Only natural children can be legitimated.
the former marriage, provided it be born within three eighteen months if they should reside in the Children born outside wedlock of parents who, at the
hundred days after the death of the former husband: Philippines; and two years if abroad. If the birth of the time of the conception of the former, were not
child has been concealed, the term shall be counted disqualified by any impediment to marry each other,
(2) A child born after one hundred eighty days from the discovery of the fraud. (113a) are natural. (119a)
following the celebration of the subsequent marriage
is prima facie presumed to have been conceived Art. 264. Legitimate children shall have the right: Art. 270. Legitimation shall take place by the
during such marriage, even though it be born within subsequent marriage between the parents. (120a)
the three hundred days after the death of the former (1) To bear the surnames of the father and of the
husband. (n) mother; Art. 271. Only natural children who have been
recognized by the parents before or after the
Art. 260. If after a judgment annulling a marriage, the (2) To receive support from them, from their celebration of the marriage, or have been declared
former wife should believe herself to be pregnant by ascendants and in a proper case, from their brothers natural children by final judgment, may be considered
the former husband, she shall, within thirty days from and sisters, in conformity with Article 291; legitimated by subsequent marriage.
the time she became aware of her pregnancy, notify
the former husband or his heirs of that fact. He or his (3) To the legitime and other successional rights If a natural child is recognized or judicially declared as
heirs may ask the court to take measures to prevent a which this Code recognizes in their favor. (114) natural, such recognition or declaration shall extend to
simulation of birth. his or her brothers or sisters of the full blood:
CHAPTER 2 Provided, That the consent of the latter shall be
The same obligation shall devolve upon a widow who PROOF OF FILIATION OF LEGITIMATE CHILDREN implied if they do not impugn the recognition within
believes herself to have been left pregnant by the four years from the time of such recognition, or in
deceased husband, or upon the wife who believes Art. 265. The filiation of legitimate children is proved case they are minors, within four years following the
herself to be pregnant by her husband from whom by the record of birth appearing in the Civil Register, attainment of majority. (121a)
she has been legally separated. (n) or by an authentic document or a final judgment. (115)
Art. 272. Children who are legitimated by subsequent
Art. 261. There is no presumption of legitimacy or Art. 266. In the absence of the titles indicated in the marriage shall enjoy the same rights as legitimate
illegitimacy of a child born after three hundred days preceding article, the filiation shall be proved by the children. (122)
following the dissolution of the marriage or the continuous possession of status of a legitimate child.
separation of the spouses. Whoever alleges the (116) Art. 273. Legitimation shall take effect from the time of
legitimacy or the illegitimacy of such child must prove the child's birth. (123a)
his allegation. (n) Art. 267. In the absence of a record of birth, authentic
document, final judgment or possession of status, Art. 274. The legitimation of children who died before
Art. 262. The heirs of the husband may impugn the legitimate filiation may be proved by any other means the celebration of the marriage shall benefit their
legitimacy of the child only in the following cases: allowed by the Rules of Court and special laws. descendants. (124)
(117a)
(1) If the husband should die before the expiration of Art. 275. Legitimation may be impugned by those who
the period fixed for bringing his action; Art. 268. The action to claim his legitimacy may be are prejudiced in their rights, when it takes place in
brought by the child during all his lifetime, and shall favor of those who do not have the legal condition of
(2) If he should die after the filing of the complaint, be transmitted to his heirs if he should die during his natural children or when the requisites laid down in
without having desisted from the same; minority or in a state of insanity. In these cases the this Chapter are not complied with. (128a)
heirs shall have a period of five years within which to
(3) If the child was born after the death of the institute the action. CHAPTER 4
husband. (112) ILLEGITIMATE CHILDREN
The action already commenced by the child is
Art. 263. The action to impugn the legitimacy of the transmitted upon his death to the heirs, if the SECTION 1. - Recognition of Natural Children
child shall be brought within one year from the proceeding has not yet lapsed. (118)
recording of the birth in the Civil Register, if the
Art. 276. A natural child may be recognized by the such successional rights as are granted in this Code.
father and mother jointly, or by only one of them. (1) In cases of rape, abduction or seduction, when the (n)
(129) period of the offense coincides more or less with that
of the conception; Art. 288. Minor children mentioned in the preceding
Art. 277. In case the recognition is made by only one article are under the parental authority of the mother.
of the parents, it shall be presumed that the child is (2) When the child is in continuous possession of (n)
natural, if the parent recognizing it had legal capacity status of a child of the alleged father by the direct acts
to contract marriage at the time of the conception. of the latter or of his family; Art. 289. Investigation of the paternity or maternity of
(130) children mentioned in the two preceding articles is
(3) When the child was conceived during the time permitted under the circumstances specified in
Art. 278. Recognition shall be made in the record of when the mother cohabited with the supposed father; Articles 283 and 284. (n)
birth, a will, a statement before a court of record, or in
any authentic writing. (131a) (4) When the child has in his favor any evidence or Title IX. - SUPPORT
proof that the defendant is his father. (n)
Art. 279. A minor who may not contract marriage Art. 290. Support is everything that is indispensable
without parental consent cannot acknowledge a Art. 284. The mother is obliged to recognize her for sustenance, dwelling, clothing and medical
natural child, unless the parent or guardian approves natural child: attendance, according to the social position of the
the acknowledgment or unless the recognition is family.
made in a will. (n) (1) In any of the cases referred to in the preceding
article, as between the child and the mother; Support also includes the education of the person
Art. 280. When the father or the mother makes the (2) When the birth and the identity of the child are entitled to be supported until he completes his
recognition separately, he or she shall not reveal the clearly proved. (136a) education or training for some profession, trade or
name of the person with whom he or she had the vocation, even beyond the age of majority. (124a)
child; neither shall he or she state any circumstance Art. 285. The action for the recognition of natural
whereby the other parent may be identified. (132a) children may be brought only during the lifetime of the Art. 291. The following are obliged to support each
presumed parents, except in the following cases: other to the whole extent set forth in the preceding
Art. 281. A child who is of age cannot be recognized article:
without his consent. (1) If the father or mother died during the minority of
the child, in which case the latter may file the action (1) The spouses;
When the recognition of a minor does not take place before the expiration of four years from the attainment
in a record of birth or in a will, judicial approval shall of his majority; (2) Legitimate ascendants and descendants;
be necessary.
(2) If after the death of the father or of the mother a (3) Parents and acknowledged natural children and
A minor can in any case impugn the recognition within document should appear of which nothing had been the legitimate or illegitimate descendants of the latter;
four years following the attainment of his majority. heard and in which either or both parents recognize
(133a) the child. (4) Parents and natural children by legal fiction and
the legitimate and illegitimate descendants of the
Art. 282. A recognized natural child has the right: In this case, the action must be commenced within latter;
four years from the finding of the document. (137a)
(1) To bear the surname of the parent recognizing Art. 286. The recognition made in favor of a child who (5) Parents and illegitimate children who are not
him: does not possess all the conditions stated in Article natural.
269, or in which the requirements of the law have not
(2) To receive support from such parent, in conformity been fulfilled, may be impugned by those who are Brothers and sisters owe their legitimate and natural
with article 291; prejudiced by such recognition. (137) brothers and sisters, although they are only of the
half-blood, the necessaries for life, when by a physical
(3) To receive, in a proper case, the hereditary portion SECTION 2. - Other Illegitimate Children or mental defect, or any other cause not imputable to
which is determined in this Code. (134) the recipients, the latter cannot secure their
Art. 287. Illegitimate children other than natural in subsistence. This assistance includes, in a proper
Art. 283. In any of the following cases, the father is accordance with Article 269 and other than natural case, expenses necessary for elementary education
obliged to recognize the child as his natural child: children by legal fiction are entitled to support and and for professional or vocational training. (143a)
 concurrent obligees should be the spouse and a child any pension or gratuity from the government is
Art. 292. During the proceedings for legal separation, subject to parental authority, in which case the latter subject to attachment or execution. (n)
or for annulment of marriage, the spouses and shall be preferred. (145)
children, shall be supported from the conjugal Art. 303. The obligation to give support shall also
partnership property. After the final judgment of legal Art. 296. The amount of support, in the cases referred cease:
separation, or of annulment of marriage, the to in the five numbers of article 291, shall be in
obligation of mutual support between the spouses proportion to the resources or means of the giver and (1) Upon the death of the recipient;
ceases. However, in case of legal separation, the to the necessities of the recipient. (146a)
court may order that the guilty spouse shall give (2) When the resources of the obligor have been
support to the innocent one, the judgment specifying Art. 297. Support in the cases referred to in the reduced to the point where he cannot give the support
the terms of such order. (n) preceding article shall be reduced or increased without neglecting his own needs and those of his
proportionately, according to the reduction or increase family;
Art. 293. In an action for legal separation or of the needs of the recipient and the resources of the
annulment of marriage, attorney's fees and expenses person obliged to furnish the same. (147) (3) When the recipient may engage in a trade,
for litigation shall be charged to the conjugal profession, or industry, or has obtained work, or has
partnership property, unless the action fails. (n) Art. 298. The obligation to give support shall be improved his fortune in such a way that he no longer
demandable from the time the person who has a right needs the allowance for his subsistence;
Art. 294. The claim for support, when proper and two to receive the same needs it for maintenance, but it
or more persons are obliged to give it, shall be made shall not be paid except from the date it is (4) When the recipient, be he a forced heir or not, has
in the following order: extrajudicially demanded. committed some act which gives rise to
disinheritance;
(1) From the spouse; Payment shall be made monthly in advance, and
when the recipient dies, his heirs shall not be obliged (5) When the recipient is a descendant, brother or
(2) From the descendants of the nearest degree; to return what he has received in advance. (148a) sister of the obligor and the need for support is
caused by his or her bad conduct or by the lack of
(3) From the ascendants, also of the nearest degree; Art. 299. The person obliged to give support may, at application to work, so long as this cause subsists.
his option, fulfill his obligation either by paying the (152a)
(4) From the brothers and sisters. allowance fixed, or by receiving and maintaining in his
house the person who has a right to receive support. Art. 304. The foregoing provisions shall be applicable
Among descendants and ascendants the order in The latter alternative cannot be availed of in case to other cases where, in virtue of this Code or of any
which they are called to the intestate succession of there is a moral or legal obstacle thereto. (149a) other law, by will, or by stipulation there is a right to
the person who has a right to claim support shall be receive support, save what is stipulated, ordered by
observed. (144) Art. 300. The obligation to furnish support ceases the testator or provided by law for the special case.
upon the death of the obligor, even if he may be (153a)
Art. 295. When the obligation to give support falls bound to give it in compliance with a final judgment.
upon two or more persons, the payment of the same (150) Title X. - FUNERALS (n)
shall be divided between them in proportion to the
resources of each. Art. 301. The right to receive support cannot be Art. 305. The duty and the right to make
renounced; nor can it be transmitted to a third person. arrangements for the funeral of a relative shall be in
However, in case of urgent need and by special Neither can it be compensated with what the recipient accordance with the order established for support,
circumstances, the judge may order only one of them owes the obligor. under Article 294. In case of descendants of the same
to furnish the support provisionally, without prejudice degree, or of brothers and sisters, the oldest shall be
to his right to claim from the other obligors the share However, support in arrears may be compensated preferred. In case of ascendants, the paternal shall
due from them. and renounced, and the right to demand the same have a better right.
may be transmitted by onerous or gratuitous title.
When two or more recipients at the same time claim (151) Art. 306. Every funeral shall be in keeping with the
support from one and the same person legally obliged social position of the deceased.
to give it, and the latter should not have sufficient Art. 302. Neither the right to receive legal support nor
means to satisfy all, the order established in the any money or property obtained as such support or Art. 307. The funeral shall be in accordance with the
preceding article shall be followed, unless the expressed wishes of the deceased. In the absence of
such expression, his religious beliefs or affiliation shall Art. 313. Parental authority cannot be renounced or
determine the funeral rites. In case of doubt, the form transferred, except in cases of guardianship or CHAPTER 3
of the funeral shall be decided upon by the person adoption approved by the courts, or emancipation by EFFECT OF PARENTAL AUTHORITY
obliged to make arrangements for the same, after concession. ON THE PROPERTY OF THE CHILDREN
consulting the other members of the family.
The courts may, in cases specified by law, deprive Art. 320. The father, or in his absence the mother, is
Art. 308. No human remains shall be retained, parents of their authority. (n) the legal administrator of the property pertaining to
interred, disposed of or exhumed without the consent the child under parental authority. If the property is
of the persons mentioned in articles 294 and 305. Art. 314. A foundling shall be under the parental worth more than two thousand pesos, the father or
authority of the person or institution that has reared mother shall give a bond subject to the approval of
Art. 309. Any person who shows disrespect to the the same. (n) the Court of First Instance. (159a)
dead, or wrongfully interferes with a funeral shall be
liable to the family of the deceased for damages, Art. 315. No descendant can be compelled, in a Art. 321. The property which the unemancipated child
material and moral. criminal case, to testify against his parents and has acquired or may acquire with his work or industry,
ascendants. (n) or by any lucrative title, belongs to the child in
Art. 310. The construction of a tombstone or ownership, and in usufruct to the father or mother
mausoleum shall be deemed a part of the funeral CHAPTER 2 under whom he is under parental authority and in
expenses, and shall be chargeable to the conjugal EFFECT OF PARENTAL AUTHORITY whose company he lives; but if the child, with the
partnership property, if the deceased is one of the UPON THE PERSONS OF THE CHILDREN parent's consent, should live independently from
spouses. them, he shall be considered as emancipated for all
Art. 316. The father and the mother have, with respect purposes relative to said property, and he shall have
Title XI. - PARENTAL AUTHORITY to their unemancipated children: over it dominion, usufruct and administration. (160)

CHAPTER 1 (1) The duty to support them, to have them in their Art. 322. A child who earns money or acquires
GENERAL PROVISIONS company, educate and instruct them in keeping with property with his own work or industry shall be entitled
their means and to represent them in all actions which to a reasonable allowance from the earnings, in
Art. 311. The father and mother jointly exercise may redound to their benefit; addition to the expenses made by the parents for his
parental authority over their legitimate children who support and education. (n)
are not emancipated. In case of disagreement, the (2) The power to correct them and to punish them
father's decision shall prevail, unless there is a judicial moderately. (155) Art. 323. The fruits and interest of the child's property
order to the contrary. referred to in article 321 shall be applied first to the
Art. 317. The courts may appoint a guardian of the expenses for the support and education of the child.
Children are obliged to obey their parents so long as child' s property, or a guardian ad litem when the best After they have been fully met, the debts of the
they are under parental power, and to observe interest of the child so requires. (n) conjugal partnership which have redounded to the
respect and reverence toward them always. benefit of the family may be paid from said fruits and
Art. 318. Upon cause being shown by the parents, the interest. (n)
Recognized natural and adopted children who are local mayor may aid them in the exercise of their
under the age of majority are under the parental authority over the child. If the child is to be kept in a Art. 324. Whatever the child may acquire with the
authority of the father or mother recognizing or children's home or similar institution for not more than capital or property of the parents belongs to the latter
adopting them, and are under the same obligation one month, an order of the justice of the peace or in ownership and in usufruct. But if the parents should
stated in the preceding paragraph. municipal judge shall be necessary, after due hearing, expressly grant him all or part of the profits that he
where the child shall be heard. For his purpose, the may obtain, such profits shall not be charged against
Natural children by legal fiction are under the joint court may appoint a guardian ad litem. (156a) his legitime. (161)
authority of the father and mother, as provided in the
first paragraph of this article. (154a) Art. 319. The father and the mother shall satisfy the Art. 325. The property or income donated,
support for the detained child; but they shall not have bequeathed or devised to the unemancipated child for
Art. 312. Grandparents shall be consulted by all any intervention in the regime of the institution where the expenses of his education and instruction shall
members of the family on all important family the child is detained. They may lift the detention when pertain to him in ownership and usufruct; but the
questions. (n) they deem it opportune, with the approval of the court. father or mother shall administer the same, if in the
(158a)
donation or testamentary provision the contrary has Art. 331. Parental authority is suspended by the Art. 336. The husband and wife may jointly adopt.
not been stated. (162) incapacity or absence of the father, or in a proper Parental authority shall, in such case, be exercised as
case of the mother, judicially declared, and also by if the child were their own by nature. (n)
Art. 326. When the property of the child is worth more civil interdiction. (170)
than two thousand pesos, the father or mother shall Art. 337. Any person, even if of age, may be adopted,
be considered a guardian of the child's property, Art. 332. The courts may deprive the parents of their provided the adopter is sixteen years older. (173a)
subject to the duties and obligations of guardians authority or suspend the exercise of the same if they
under the Rules of Court. (n) should treat their children with excessive harshness Art. 338. The following may be adopted:
or should give them corrupting orders, counsels, or
CHAPTER 4 examples, or should make them beg or abandon (1) The natural child, by the natural father or mother;
EXTINGUISHMENT OF PARENTAL AUTHORITY them. In these cases, the courts may also deprive the
parents in whole or in part, of the usufruct over the (2) Other illegitimate children, by the father or mother;
Art. 327. Parental authority terminates: child's property, or adopt such measures as they may
deem advisable in the interest of the child. (171a) (3) A step-child, by the step-father or step-mother. (n)
(1) Upon the death of the parents or of the child;
Art. 333. If the widowed mother who has contracted a Art. 339. The following cannot be adopted:
(2) Upon emancipation; subsequent marriage should again become a widow,
she shall recover from this moment her parental (1) A married person, without the written consent of
(3) Upon adoption of the child; authority over all her unemancipated children. (172) the other spouse;

(4) Upon the appointment of a general guardian. CHAPTER 5 (2) An alien with whose government the Republic of
(167a) ADOPTION the Philippines has broken diplomatic relations;

Art. 328. The mother who contracts a subsequent Art. 334. Every person of age, who is in full (3) A person who has already been adopted. (n)
marriage loses the parental authority over her possession of his civil rights, may adopt. (173a)
children, unless the deceased husband, father of the Art. 340. The written consent of the following to the
latter, has expressly provided in his will that his widow Art. 335. The following cannot adopt: adoption shall be necessary:
might marry again, and has ordered that in such case
she should keep and exercise parental authority over (1) Those who have legitimate, legitimated, (1) The person to be adopted, if fourteen years of age
their children. acknowledged natural children, or natural children by or over;
legal fiction; (2) The parents, guardian or person in charge of the
The court may also appoint a guardian of the child's person to be adopted. (n)
property in case the father should contract a (2) The guardian, with respect to the ward, before the
subsequent marriage. (168a) final approval of his accounts; Art. 341. The adoption shall:

Art. 329. When the mother of an illegitimate child (3) A married person, without the consent of the other (1) Give to the adopted person the same rights and
marries a man other than its father, the court may spouse; duties as if he were a legitimate child of the adopter:
appoint a guardian for the child. (n)
(4) Non-resident aliens; (2) Dissolve the authority vested in the parents by
Art. 330. The father and in a proper case the mother, nature;
shall lose authority over their children: (5) Resident aliens with whose government the
Republic of the Philippines has broken diplomatic (3) Make the adopted person a legal heir of the
(1) When by final judgment in a criminal case the relations; adopter;
penalty of deprivation of said authority is imposed
upon him or her; (6) Any person who has been convicted of a crime (4) Entitle the adopted person to use the adopter's
involving moral turpitude, when the penalty imposed surname. (n)
(2) When by a final judgment in legal separation was six months' imprisonment or more. (174a)
proceedings such loss of authority is declared. (169a) Art. 342. The adopter shall not be a legal heir of the
adopted person, whose parents by nature shall inherit
from him. (177a)
 Art. 357. Every child shall:
Art. 343. If the adopter is survived by legitimate (6) The oldest brother or sister.
parents or ascendants and by an adopted person, the (1) Obey and honor his parents or guardian;
latter shall not have more successional rights than an Art. 350. The persons named in the preceding article
acknowledged natural child. (n) shall exercise reasonable supervision over the (2) Respect his grandparents, old relatives, and
conduct of the child. persons holding substitute parental authority;
Art. 344. The adopter may donate property, by an act
inter vivos or by will, to the adopted person, who shall Art. 351. A general guardian or a guardian over the (3) Exert his utmost for his education and training;
acquire ownership thereof. (n) person shall have the same authority over the ward's
person as the parents. With regard to the child's (4) Cooperate with the family in all matters that make
Art. 345. The proceedings for adoption shall be property, the Rules of Court on guardianship shall for the good of the same.
governed by the Rules of Court insofar as they are govern.
not in conflict with this Code. (n) Art. 358. Every parent and every person holding
Art. 352. The relations between teacher and pupil, substitute parental authority shall see to it that the
Art. 346. The adoption shall be recorded in the local professor and student, are fixed by government rights of the child are respected and his duties
civil register. (179a) regulations and those of each school or institution. In complied with, and shall particularly, by precept and
no case shall corporal punishment be countenanced. example, imbue the child with highmindedness, love
Art. 347. A minor or other incapacitated person may, The teacher or professor shall cultivate the best of country, veneration for the national heroes, fidelity
through a guardian ad litem, ask for the rescission of potentialities of the heart and mind of the pupil or to democracy as a way of life, and attachment to the
the adoption on the same grounds that cause the loss student. ideal of permanent world peace.
of parental authority. (n) Art. 359. The government promotes the full growth of
Art. 353. Apprentices shall be treated humanely. No the faculties of every child. For this purpose, the
Art. 348. The adopter may petition the court for corporal punishment against the apprentice shall be government will establish, whenever possible:
revocation of the adoption in any of these cases: permitted.
(1) Schools in every barrio, municipality and city
(1) If the adopted person has attempted against the Art. 354. Grandparents and in their default the oldest where optional religious instruction shall be taught as
life of the adopter; brother or sister shall exercise parental authority in part of the curriculum at the option of the parent or
case of death or absence of the child's parents. If the guardian;
(2) When the adopted minor has abandoned the parents are living, or if the child is under guardianship,
home of the adopter for more than three years; the grandparents may give advice and counsel to the (2) Puericulture and similar centers;
child, to the parents or to the guardian.
(3) When by other acts the adopted person has (3) Councils for the Protection of Children; and
definitely repudiated the adoption. (n) Art. 355. Substitute parental authority shall be
exercised by the grandparents in the following order: (4) Juvenile courts.
CHAPTER 6
SUBSTITUTE PARENTAL AUTHORITY (n) (1) Paternal grandparents; Art. 360. The Council for the Protection of Children
(2) Maternal grandparents. shall look after the welfare of children in the
Art. 349. The following persons shall exercise municipality. It shall, among other functions:
substitute parental authority: Title XII. - CARE AND EDUCATION OF CHILDREN
(1) Foster the education of every child in the
(1) Guardians; Art. 356. Every child: municipality;
(2) Teachers and professors; (1) Is entitled to parental care;
(2) Shall receive at least elementary education; (2) Encourage the cultivation of the duties of parents;
(3) Heads of children's homes, orphanages, and
similar institutions; (3) Shall be given moral and civic training by the (3) Protect and assist abandoned or mistreated
parents or guardian; children, and orphans;
(4) Directors of trade establishments, with regard to
apprentices; (4) Has a right to live in an atmosphere conducive to (4) Take steps to prevent juvenile delinquency;
his physical, moral and intellectual development.
(5) Grandparents; (5) Adopt measures for the health of children;
 and there is no injury to third persons. Pen names
(6) Promote the opening and maintenance of (2) Her maiden first name and her husband's surname and stage names cannot be usurped.
playgrounds; or
Art. 380. Except as provided in the preceding article,
(7) Coordinate the activities of organizations devoted (3) Her husband's full name, but prefixing a word no person shall use different names and surnames.
to the welfare of children, and secure their indicating that she is his wife, such as "Mrs."
cooperation. Title XIV. - ABSENCE
Art. 371. In case of annulment of marriage, and the
Art. 361. Juvenile courts will be established, as far as wife is the guilty party, she shall resume her maiden CHAPTER 1
practicable, in every chartered city or large name and surname. If she is the innocent spouse, PROVISIONAL MEASURES IN CASE OF ABSENCE
municipality. she may resume her maiden name and surname.
However, she may choose to continue employing her Art. 381. When a person disappears from his
Art. 362. Whenever a child is found delinquent by any former husband's surname, unless: domicile, his whereabouts being unknown, and
court, the father, mother, or guardian may in a proper without leaving an agent to administer his property,
case be judicially admonished. (1) The court decrees otherwise, or the judge, at the instance of an interested party, a
(2) She or the former husband is married again to relative, or a friend, may appoint a person to
Art. 363. In all questions on the care, custody, another person. represent him in all that may be necessary.
education and property of children the latter's welfare
shall be paramount. No mother shall be separated Art. 372. When legal separation has been granted, This same rule shall be observed when under similar
from her child under seven years of age, unless the the wife shall continue using her name and surname circumstances the power conferred by the absentee
court finds compelling reasons for such measure. employed before the legal separation. has expired. (181a)

Title XIII. - USE OF SURNAMES (n) Art. 373. A widow may use the deceased husband's Art. 382. The appointment referred to in the preceding
surname as though he were still living, in accordance article having been made, the judge shall take the
Art. 364. Legitimate and legitimated children shall with Article 370. necessary measures to safeguard the rights and
principally use the surname of the father. interests of the absentee and shall specify the
Art. 374. In case of identity of names and surnames, powers, obligations and remuneration of his
Art. 365. An adopted child shall bear the surname of the younger person shall be obliged to use such representative, regulating them, according to the
the adopter. additional name or surname as will avoid confusion. circumstances, by the rules concerning guardians.
(182)
Art. 366. A natural child acknowledged by both Art. 375. In case of identity of names and surnames
parents shall principally use the surname of the father. between ascendants and descendants, the word Art. 383. In the appointment of a representative, the
If recognized by only one of the parents, a natural "Junior" can be used only by a son. Grandsons and spouse present shall be preferred when there is no
child shall employ the surname of the recognizing other direct male descendants shall either: legal separation.
parent.
(1) Add a middle name or the mother's surname, or If the absentee left no spouse, or if the spouse
Art. 367. Natural children by legal fiction shall (2) Add the Roman Numerals II, III, and so on. present is a minor, any competent person may be
principally employ the surname of the father. appointed by the court. (183a)
Art. 376. No person can change his name or surname
Art. 368. Illegitimate children referred to in Article 287 without judicial authority. CHAPTER 2
shall bear the surname of the mother. DECLARATION OF ABSENCE
Art. 377. Usurpation of a name and surname may be
Art. 369. Children conceived before the decree the subject of an action for damages and other relief. Art. 384. Two years having elapsed without any news
annulling a voidable marriage shall principally use the about the absentee or since the receipt of the last
surname of the father. Art. 378. The unauthorized or unlawful use of another news, and five years in case the absentee has left a
person's surname gives a right of action to the latter. person in charge of the administration of his property,
Art. 370. A married woman may use: his absence may be declared. (184)
Art. 379. The employment of pen names or stage
(1) Her maiden first name and surname and add her names is permitted, provided it is done in good faith Art. 385. The following may ask for the declaration of
husband's surname, or absence:
 PRESUMPTION OF DEATH representative. They shall all, as the case may be,
(1) The spouse present; make an inventory of the property. (196a)
Art. 390. After an absence of seven years, it being
(2) The heirs instituted in a will, who may present an unknown whether or not the absentee still lives, he Art. 395. The provisions of the preceding article are
authentic copy of the same; shall be presumed dead for all purposes, except for understood to be without prejudice to the action of
those of succession. petition for inheritance or other rights which are
(3) The relatives who may succeed by the law of vested in the absentee, his representatives or
intestacy; The absentee shall not be presumed dead for the successors in interest. These rights shall not be
purpose of opening his succession till after an extinguished save by lapse of time fixed for
(4) Those who may have over the property of the absence of ten years. If he disappeared after the age prescription. In the record that is made in the Registry
absentee some right subordinated to the condition of of seventy-five years, an absence of five years shall of the real estate which accrues to the coheirs, the
his death. (185) be sufficient in order that his succession may be circumstance of its being subject to the provisions of
opened. (n) this article shall be stated. (197)
Art. 386. The judicial declaration of absence shall not
take effect until six months after its publication in a Art. 391. The following shall be presumed dead for all Art. 396. Those who may have entered upon the
newspaper of general circulation. (186a) purposes, including the division of the estate among inheritance shall appropriate the fruits received in
the heirs: good faith so long as the absentee does not appear,
CHAPTER 3 or while his representatives or successors in interest
ADMINISTRATION OF THE PROPERTY OF THE (1) A person on board a vessel lost during a sea do not bring the proper actions. (198)
ABSENTEE voyage, or an aeroplane which is missing, who has
not been heard of for four years since the loss of the Title XV. - EMANCIPATION AND AGE OF MAJORITY
Art. 387. An administrator of the absentee's property vessel or aeroplane;
shall be appointed in accordance with Article 383. CHAPTER 1
(187a) (2) A person in the armed forces who has taken part EMANCIPATION
in war, and has been missing for four years;
Art. 388. The wife who is appointed as an Art. 397. Emancipation takes place:
administratrix of the husband's property cannot (3) A person who has been in danger of death under
alienate or encumber the husband's property, or that other circumstances and his existence has not been (1) By the marriage of the minor;
of the conjugal partnership, without judicial authority. known for four years. (n) (2) By the attainment of majority;
(188a) (3) By the concession of the father or of the mother
Art. 392. If the absentee appears, or without who exercise parental authority. (314)
Art. 389. The administration shall cease in any of the appearing his existence is proved, he shall recover
following cases: his property in the condition in which it may be found, Art. 398. Emancipation treated of in No. 3 of the
and the price of any property that may have been preceding article shall be effected in a public
(1) When the absentee appears personally or by alienated or the property acquired therewith; but he instrument which shall be recorded in the Civil
means of an agent; cannot claim either fruits or rents. (194) Register, and unless so recorded, it shall take no
effect against third persons. (316a)
(2) When the death of the absentee is proved and his CHAPTER 5
testate or intestate heirs appear; EFFECT OF ABSENCE UPON THE Art. 399. Emancipation by marriage or by voluntary
CONTINGENT RIGHTS OF THE ABSENTEE concession shall terminate parental authority over the
(3) When a third person appears, showing by a proper child's person. It shall enable the minor to administer
document that he has acquired the absentee's Art. 393. Whoever claims a right pertaining to a his property as though he were of age, but he cannot
property by purchase or other title. person whose existence is not recognized must prove borrow money or alienate or encumber real property
that he was living at the time his existence was without the consent of his father or mother, or
In these cases the administrator shall cease in the necessary in order to acquire said right. (195) guardian. He can sue and be sued in court only with
performance of his office, and the property shall be at the assistance of his father, mother or guardian.
the disposal of those who may have a right thereto. Art. 394. Without prejudice to the provision of the (317a)
(190) preceding article, upon the opening of a succession to
which an absentee is called, his share shall accrue to Art. 400. In order that emancipation by concession of
CHAPTER 4 his co-heirs, unless he has heirs, assigns, or a the father or of the mother may take place, it is
required that the minor be eighteen years of age, and Art. 407. Acts, events and judicial decrees Art. 413. All other matters pertaining to the registration
that he give his consent thereto. (318) concerning the civil status of persons shall be of civil status shall be governed by special laws. (n)
recorded in the civil register. (325a)
Art. 401. Emancipation is final or irrevocable. (319a) REPUBLIC ACT NO. 386
Art. 408. The following shall be entered in the civil AN ACT TO ORDAIN AND INSTITUTE
CHAPTER 2 register: THE CIVIL CODE OF THE PHILIPPINES
AGE OF MAJORITY
(1) Births; BOOK II
Art. 402. Majority commences upon the attainment of (2) marriages;
the age of twenty-one years. (3) deaths; PROPERTY, OWNERSHIP, AND ITS
(4) legal separations; MODIFICATIONS
The person who has reached majority is qualified for (5) annulments of marriage;
all acts of civil life, save the exceptions established by (6) judgments declaring marriages void from the Title I. - CLASSIFICATION OF PROPERTY
this Code in special cases. (320a) beginning;
(7) legitimations; PRELIMINARY PROVISIONS
Art. 403. Notwithstanding the provisions of the (8) adoptions;
preceding article, a daughter above twenty-one but (9) acknowledgments of natural children; Art. 414. All things which are or may be the object of
below twenty-three years of age cannot leave the (10) naturalization; appropriation are considered either:
parental home without the consent of the father or (11) loss, or (12) recovery of citizenship;
mother in whose company she lives, except to (13) civil interdiction; (1) Immovable or real property; or
become a wife, or when she exercises a profession or (14) judicial determination of filiation; (2) Movable or personal property. (333)
calling, or when the father or mother has contracted a (15) voluntary emancipation of a minor; and
subsequent marriage. (321a) (16) changes of name. (326a) CHAPTER 1
IMMOVABLE PROPERTY
Art. 404. An orphan who is minor may, at the instance Art. 409. In cases of legal separation, adoption,
of any relative or other person, obtain emancipation naturalization and other judicial orders mentioned in Art. 415. The following are immovable property:
by concession upon an order of the Court of First the preceding article, it shall be the duty of the clerk of
Instance. (322a) the court which issued the decree to ascertain (1) Land, buildings, roads and constructions of all
whether the same has been registered, and if this has kinds adhered to the soil;
Art. 405. For the concession and approval referred to not been done, to send a copy of said decree to the
in the preceding article it is necessary: civil registry of the city or municipality where the court (2) Trees, plants, and growing fruits, while they are
is functioning. (n) attached to the land or form an integral part of an
(1) That the minor be eighteen years of age; immovable;
(2) That he consent thereto; and Art. 410. The books making up the civil register and
(3) That the concession be deemed convenient for all documents relating thereto shall be considered (3) Everything attached to an immovable in a fixed
the minor. public documents and shall be prima facie evidence manner, in such a way that it cannot be separated
of the facts therein contained. (n) therefrom without breaking the material or
The concession shall be recorded in the Civil deterioration of the object;
Register. (323a) Art. 411. Every civil registrar shall be civilly
responsible for any unauthorized alteration made in (4) Statues, reliefs, paintings or other objects for use
Art. 406. The provisions of Article 399 are applicable any civil register, to any person suffering damage or ornamentation, placed in buildings or on lands by
to an orphan who has been emancipated according to thereby. However, the civil registrar may exempt the owner of the immovable in such a manner that it
Article 404. The court will give the necessary approval himself from such liability if he proves that he has reveals the intention to attach them permanently to
with respect to the contracts mentioned in Article 399. taken every reasonable precaution to prevent the the tenements;
In litigations, a guardian ad litem for the minor shall be unlawful alteration. (n)
appointed by the court. (324a) (5) Machinery, receptacles, instruments or implements
Art. 412. No entry in a civil register shall be changed intended by the owner of the tenement for an industry
Title XVI. - CIVIL REGISTER or corrected, without a judicial order. (n) or works which may be carried on in a building or on a
piece of land, and which tend directly to meet the
needs of the said industry or works;
 Art. 418. Movable property is either consumable or Art. 425. Property of private ownership, besides the
(6) Animal houses, pigeon-houses, beehives, fish nonconsumable. To the first class belong those patrimonial property of the State, provinces, cities,
ponds or breeding places of similar nature, in case movables which cannot be used in a manner and municipalities, consists of all property belonging
their owner has placed them or preserves them with appropriate to their nature without their being to private persons, either individually or collectively.
the intention to have them permanently attached to consumed; to the second class belong all the others. (345a)
the land, and forming a permanent part of it; the (337)
animals in these places are included; PROVISIONS COMMON TO THE THREE
CHAPTER 3 PRECEDING CHAPTERS
(7) Fertilizer actually used on a piece of land; PROPERTY IN RELATION TO THE PERSON TO
WHOM IT BELONGS Art. 426. Whenever by provision of the law, or an
(8) Mines, quarries, and slag dumps, while the matter individual declaration, the expression "immovable
thereof forms part of the bed, and waters either Art. 419. Property is either of public dominion or of things or property," or "movable things or property," is
running or stagnant; private ownership. (338) used, it shall be deemed to include, respectively, the
things enumerated in Chapter 1 and Chapter 2.
(9) Docks and structures which, though floating, are Art. 420. The following things are property of public Whenever the word "muebles," or "furniture," is used
intended by their nature and object to remain at a dominion: alone, it shall not be deemed to include money,
fixed place on a river, lake, or coast; credits, commercial securities, stocks and bonds,
(1) Those intended for public use, such as roads, jewelry, scientific or artistic collections, books, medals,
(10) Contracts for public works, and servitudes and canals, rivers, torrents, ports and bridges constructed arms, clothing, horses or carriages and their
other real rights over immovable property. (334a) by the State, banks, shores, roadsteads, and others accessories, grains, liquids and merchandise, or other
of similar character; things which do not have as their principal object the
CHAPTER 2 furnishing or ornamenting of a building, except where
MOVABLE PROPERTY (2) Those which belong to the State, without being for from the context of the law, or the individual
public use, and are intended for some public service declaration, the contrary clearly appears. (346a)
Art. 416. The following things are deemed to be or for the development of the national wealth. (339a)
personal property: Title II. - OWNERSHIP
Art. 421. All other property of the State, which is not of
(1) Those movables susceptible of appropriation the character stated in the preceding article, is CHAPTER 1
which are not included in the preceding article; patrimonial property. (340a) OWNERSHIP IN GENERAL

(2) Real property which by any special provision of Art. 422. Property of public dominion, when no longer Art. 427. Ownership may be exercised over things or
law is considered as personal property; intended for public use or for public service, shall form rights. (n)
part of the patrimonial property of the State. (341a)
(3) Forces of nature which are brought under control Art. 428. The owner has the right to enjoy and
by science; and Art. 423. The property of provinces, cities, and dispose of a thing, without other limitations than those
municipalities is divided into property for public use established by law.
(4) In general, all things which can be transported and patrimonial property. (343)
from place to place without impairment of the real The owner has also a right of action against the
property to which they are fixed. (335a) Art. 424. Property for public use, in the provinces, holder and possessor of the thing in order to recover
cities, and municipalities, consist of the provincial it. (348a)
Art. 417. The following are also considered as roads, city streets, municipal streets, the squares,
personal property: fountains, public waters, promenades, and public Art. 429. The owner or lawful possessor of a thing has
works for public service paid for by said provinces, the right to exclude any person from the enjoyment
(1) Obligations and actions which have for their object cities, or municipalities. and disposal thereof. For this purpose, he may use
movables or demandable sums; and such force as may be reasonably necessary to repel
All other property possessed by any of them is or prevent an actual or threatened unlawful physical
(2) Shares of stock of agricultural, commercial and patrimonial and shall be governed by this Code, invasion or usurpation of his property. (n)
industrial entities, although they may have real estate. without prejudice to the provisions of special laws.
(336a) (344a) Art. 430. Every owner may enclose or fence his land
or tenements by means of walls, ditches, live or dead
hedges, or by any other means without detriment to Nevertheless, when the discovery is made on the Art. 443. He who receives the fruits has the obligation
servitudes constituted thereon. (388) property of another, or of the State or any of its to pay the expenses made by a third person in their
subdivisions, and by chance, one-half thereof shall be production, gathering, and preservation. (356)
Art. 431. The owner of a thing cannot make use allowed to the finder. If the finder is a trespasser, he
thereof in such manner as to injure the rights of a third shall not be entitled to any share of the treasure. Art. 444. Only such as are manifest or born are
person. (n) considered as natural or industrial fruits.
If the things found be of interest to science of the arts,
Art. 432. The owner of a thing has no right to prohibit the State may acquire them at their just price, which With respect to animals, it is sufficient that they are in
the interference of another with the same, if the shall be divided in conformity with the rule stated. the womb of the mother, although unborn. (357)
interference is necessary to avert an imminent danger (351a)
and the threatened damage, compared to the damage SECTION 2. - Right of Accession with Respect
arising to the owner from the interference, is much Art. 439. By treasure is understood, for legal to Immovable Property
greater. The owner may demand from the person purposes, any hidden and unknown deposit of money,
benefited indemnity for the damage to him. (n) jewelry, or other precious objects, the lawful Art. 445. Whatever is built, planted or sown on the
ownership of which does not appear. (352) land of another and the improvements or repairs
Art. 433. Actual possession under claim of ownership made thereon, belong to the owner of the land,
raises disputable presumption of ownership. The true CHAPTER 3 subject to the provisions of the following articles.
owner must resort to judicial process for the recovery RIGHT OF ACCESSION (358)
of the property. (n)
GENERAL PROVISIONS Art. 446. All works, sowing, and planting are
Art. 434. In an action to recover, the property must be presumed made by the owner and at his expense,
identified, and the plaintiff must rely on the strength of Art. 440. The ownership of property gives the right by unless the contrary is proved. (359)
his title and not on the weakness of the defendant's accession to everything which is produced thereby, or
claim. (n) which is incorporated or attached thereto, either Art. 447. The owner of the land who makes thereon,
naturally or artificially. (353) personally or through another, plantings,
Art. 435. No person shall be deprived of his property constructions or works with the materials of another,
except by competent authority and for public use and SECTION 1. - Right of Accession with Respect to shall pay their value; and, if he acted in bad faith, he
always upon payment of just compensation. What is Produced by Property shall also be obliged to the reparation of damages.
The owner of the materials shall have the right to
Should this requirement be not first complied with, the Art. 441. To the owner belongs: remove them only in case he can do so without injury
courts shall protect and, in a proper case, restore the to the work constructed, or without the plantings,
owner in his possession. (349a) (1) The natural fruits; constructions or works being destroyed. However, if
the landowner acted in bad faith, the owner of the
Art. 436. When any property is condemned or seized (2) The industrial fruits; materials may remove them in any event, with a right
by competent authority in the interest of health, safety to be indemnified for damages. (360a)
or security, the owner thereof shall not be entitled to (3) The civil fruits. (354)
compensation, unless he can show that such Art. 448. The owner of the land on which anything has
condemnation or seizure is unjustified. (n) Art. 442. Natural fruits are the spontaneous products been built, sown or planted in good faith, shall have
of the soil, and the young and other products of the right to appropriate as his own the works, sowing
Art. 437. The owner of a parcel of land is the owner of animals. or planting, after payment of the indemnity provided
its surface and of everything under it, and he can for in Articles 546 and 548, or to oblige the one who
construct thereon any works or make any plantations Industrial fruits are those produced by lands of any built or planted to pay the price of the land, and the
and excavations which he may deem proper, without kind through cultivation or labor. one who sowed, the proper rent. However, the builder
detriment to servitudes and subject to special laws or planter cannot be obliged to buy the land if its value
and ordinances. He cannot complain of the Civil fruits are the rents of buildings, the price of is considerably more than that of the building or trees.
reasonable requirements of aerial navigation. (350a) leases of lands and other property and the amount of In such case, he shall pay reasonable rent, if the
perpetual or life annuities or other similar income. owner of the land does not choose to appropriate the
Art. 438. Hidden treasure belongs to the owner of the (355a) building or trees after proper indemnity. The parties
land, building, or other property on which it is found. shall agree upon the terms of the lease and in case of
disagreement, the court shall fix the terms thereof. Art. 464. Islands which may be formed on the seas
(361a) Art. 456. In the cases regulated in the preceding within the jurisdiction of the Philippines, on lakes, and
articles, good faith does not necessarily exclude on navigable or floatable rivers belong to the State.
Art. 449. He who builds, plants or sows in bad faith on negligence, which gives right to damages under (371a)
the land of another, loses what is built, planted or article 2176. (n)
sown without right to indemnity. (362) Art. 465. Islands which through successive
Art. 457. To the owners of lands adjoining the banks accumulation of alluvial deposits are formed in non-
Art. 450. The owner of the land on which anything has of rivers belong the accretion which they gradually navigable and non-floatable rivers, belong to the
been built, planted or sown in bad faith may demand receive from the effects of the current of the waters. owners of the margins or banks nearest to each of
the demolition of the work, or that the planting or (336) them, or to the owners of both margins if the island is
sowing be removed, in order to replace things in their in the middle of the river, in which case it shall be
former condition at the expense of the person who Art. 458. The owners of estates adjoining ponds or divided longitudinally in halves. If a single island thus
built, planted or sowed; or he may compel the builder lagoons do not acquire the land left dry by the natural formed be more distant from one margin than from
or planter to pay the price of the land, and the sower decrease of the waters, or lose that inundated by the other, the owner of the nearer margin shall be the
the proper rent. (363a) them in extraordinary floods. (367) sole owner thereof. (373a)

Art. 451. In the cases of the two preceding articles, Art. 459. Whenever the current of a river, creek or SECTION 3. - Right of Accession
the landowner is entitled to damages from the builder, torrent segregates from an estate on its bank a known with Respect to Movable Property
planter or sower. (n) portion of land and transfers it to another estate, the
owner of the land to which the segregated portion Art. 466. Whenever two movable things belonging to
Art. 452. The builder, planter or sower in bad faith is belonged retains the ownership of it, provided that he different owners are, without bad faith, united in such
entitled to reimbursement for the necessary expenses removes the same within two years. (368a) a way that they form a single object, the owner of the
of preservation of the land. (n) principal thing acquires the accessory, indemnifying
Art. 460. Trees uprooted and carried away by the the former owner thereof for its value. (375)
Art. 453. If there was bad faith, not only on the part of current of the waters belong to the owner of the land Art. 467. The principal thing, as between two things
the person who built, planted or sowed on the land of upon which they may be cast, if the owners do not incorporated, is deemed to be that to which the other
another, but also on the part of the owner of such claim them within six months. If such owners claim has been united as an ornament, or for its use or
land, the rights of one and the other shall be the same them, they shall pay the expenses incurred in perfection. (376)
as though both had acted in good faith. gathering them or putting them in a safe place. (369a)
Art. 468. If it cannot be determined by the rule given
It is understood that there is bad faith on the part of Art. 461. River beds which are abandoned through in the preceding article which of the two things
the landowner whenever the act was done with his the natural change in the course of the waters ipso incorporated is the principal one, the thing of the
knowledge and without opposition on his part. (354a) facto belong to the owners whose lands are occupied greater value shall be so considered, and as between
by the new course in proportion to the area lost. two things of equal value, that of the greater volume.
Art. 454. When the landowner acted in bad faith and However, the owners of the lands adjoining the old
the builder, planter or sower proceeded in good faith, bed shall have the right to acquire the same by paying In painting and sculpture, writings, printed matter,
the provisions of article 447 shall apply. (n) the value thereof, which value shall not exceed the engraving and lithographs, the board, metal, stone,
value of the area occupied by the new bed. (370a) canvas, paper or parchment shall be deemed the
Art. 455. If the materials, plants or seeds belong to a accessory thing. (377)
third person who has not acted in bad faith, the owner Art. 462. Whenever a river, changing its course by
of the land shall answer subsidiarily for their value natural causes, opens a new bed through a private Art. 469. Whenever the things united can be
and only in the event that the one who made use of estate, this bed shall become of public dominion. separated without injury, their respective owners may
them has no property with which to pay. (372a) demand their separation.

This provision shall not apply if the owner makes use Art. 463. Whenever the current of a river divides itself Nevertheless, in case the thing united for the use,
of the right granted by article 450. If the owner of the into branches, leaving a piece of land or part thereof embellishment or perfection of the other, is much
materials, plants or seeds has been paid by the isolated, the owner of the land retains his ownership. more precious than the principal thing, the owner of
builder, planter or sower, the latter may demand from He also retains it if a portion of land is separated from the former may demand its separation, even though
the landowner the value of the materials and labor. the estate by the current. (374) the thing to which it has been incorporated may suffer
(365a) some injury. (378)
 transformed as his own, indemnifying the owner of the reimburse him for expenses that may have redounded
Art. 470. Whenever the owner of the accessory thing material for its value. to the plaintiff's benefit.
has made the incorporation in bad faith, he shall lose
the thing incorporated and shall have the obligation to If the material is more precious than the transformed Art. 480. The principles of the general law on the
indemnify the owner of the principal thing for the thing or is of more value, its owner may, at his option, quieting of title are hereby adopted insofar as they are
damages he may have suffered. appropriate the new thing to himself, after first paying not in conflict with this Code.
indemnity for the value of the work, or demand
If the one who has acted in bad faith is the owner of indemnity for the material. Art. 481. The procedure for the quieting of title or the
the principal thing, the owner of the accessory thing removal of a cloud therefrom shall be governed by
shall have a right to choose between the former If in the making of the thing bad faith intervened, the such rules of court as the Supreme Court shall
paying him its value or that the thing belonging to him owner of the material shall have the right to promulgated.
be separated, even though for this purpose it be appropriate the work to himself without paying
necessary to destroy the principal thing; and in both anything to the maker, or to demand of the latter that CHAPTER 4
cases, furthermore, there shall be indemnity for he indemnify him for the value of the material and the RUINOUS BUILDINGS AND TREES IN DANGER OF
damages. damages he may have suffered. However, the owner FALLING
of the material cannot appropriate the work in case
If either one of the owners has made the incorporation the value of the latter, for artistic or scientific reasons, Art. 482. If a building, wall, column, or any other
with the knowledge and without the objection of the is considerably more than that of the material. (383a) construction is in danger of falling, the owner shall be
other, their respective rights shall be determined as obliged to demolish it or to execute the necessary
though both acted in good faith. (379a) Art. 475. In the preceding articles, sentimental value work in order to prevent it from falling.
shall be duly appreciated. (n)
Art. 471. Whenever the owner of the material If the proprietor does not comply with this obligation,
employed without his consent has a right to an CHAPTER 3 the administrative authorities may order the
indemnity, he may demand that this consist in the QUIETING OF TITLE (n) demolition of the structure at the expense of the
delivery of a thing equal in kind and value, and in all owner, or take measures to insure public safety.
other respects, to that employed, or else in the price Art. 476. Whenever there is a cloud on title to real (389a)
thereof, according to expert appraisal. (380) property or any interest therein, by reason of any
instrument, record, claim, encumbrance or proceeding Art. 483. Whenever a large tree threatens to fall in
Art. 472. If by the will of their owners two things of the which is apparently valid or effective but is in truth and such a way as to cause damage to the land or
same or different kinds are mixed, or if the mixture in fact invalid, ineffective, voidable, or unenforceable, tenement of another or to travelers over a public or
occurs by chance, and in the latter case the things are and may be prejudicial to said title, an action may be private road, the owner of the tree shall be obliged to
not separable without injury, each owner shall acquire brought to remove such cloud or to quiet the title. fell and remove it; and should he not do so, it shall be
a right proportional to the part belonging to him, done at his expense by order of the administrative
bearing in mind the value of the things mixed or An action may also be brought to prevent a cloud authorities. (390a)
confused. (381) from being cast upon title to real property or any
interest therein. Title III. - CO-OWNERSHIP
Art. 473. If by the will of only one owner, but in good
faith, two things of the same or different kinds are Art. 477. The plaintiff must have legal or equitable title Art. 484. There is co-ownership whenever the
mixed or confused, the rights of the owners shall be to, or interest in the real property which is the subject ownership of an undivided thing or right belongs to
determined by the provisions of the preceding article. matter of the action. He need not be in possession of different persons.
said property.
If the one who caused the mixture or confusion acted In default of contracts, or of special provisions, co-
in bad faith, he shall lose the thing belonging to him Art. 478. There may also be an action to quiet title or ownership shall be governed by the provisions of this
thus mixed or confused, besides being obliged to pay remove a cloud therefrom when the contract, Title. (392)
indemnity for the damages caused to the owner of the instrument or other obligation has been extinguished
other thing with which his own was mixed. (382) or has terminated, or has been barred by extinctive Art. 485. The share of the co-owners, in the benefits
Art. 474. One who in good faith employs the material prescription. as well as in the charges, shall be proportional to their
of another in whole or in part in order to make a thing respective interests. Any stipulation in a contract to
of a different kind, shall appropriate the thing thus Art. 479. The plaintiff must return to the defendant all the contrary shall be void.
benefits he may have received from the latter, or
The portions belonging to the co-owners in the co- (3) The stairs from the entrance to the first story shall
ownership shall be presumed equal, unless the be maintained at the expense of all the owners pro Nevertheless, an agreement to keep the thing
contrary is proved. (393a) rata, with the exception of the owner of the ground undivided for a certain period of time, not exceeding
floor; the stairs from the first to the second story shall ten years, shall be valid. This term may be extended
Art. 486. Each co-owner may use the thing owned in be preserved at the expense of all, except the owner by a new agreement.
common, provided he does so in accordance with the of the ground floor and the owner of the first story;
purpose for which it is intended and in such a way as and so on successively. (396) A donor or testator may prohibit partition for a period
not to injure the interest of the co-ownership or which shall not exceed twenty years.
prevent the other co-owners from using it according to Art. 491. None of the co-owners shall, without the
their rights. The purpose of the co-ownership may be consent of the others, make alterations in the thing Neither shall there be any partition when it is
changed by agreement, express or implied. (394a) owned in common, even though benefits for all would prohibited by law.
result therefrom. However, if the withholding of the
Art. 487. Any one of the co-owners may bring an consent by one or more of the co-owners is clearly No prescription shall run in favor of a co-owner or co-
action in ejectment. (n) prejudicial to the common interest, the courts may heir against his co-owners or co-heirs so long as he
afford adequate relief. (397a) expressly or impliedly recognizes the co-ownership.
Art. 488. Each co-owner shall have a right to compel (400a)
the other co-owners to contribute to the expenses of Art. 492. For the administration and better enjoyment
preservation of the thing or right owned in common of the thing owned in common, the resolutions of the Art. 495. Notwithstanding the provisions of the
and to the taxes. Any one of the latter may exempt majority of the co-owners shall be binding. preceding article, the co-owners cannot demand a
himself from this obligation by renouncing so much of physical division of the thing owned in common, when
his undivided interest as may be equivalent to his There shall be no majority unless the resolution is to do so would render it unserviceable for the use for
share of the expenses and taxes. No such waiver approved by the co-owners who represent the which it is intended. But the co-ownership may be
shall be made if it is prejudicial to the co-ownership. controlling interest in the object of the co-ownership. terminated in accordance with Article 498. (401a)
(395a)
Should there be no majority, or should the resolution Art. 496. Partition may be made by agreement
Art. 489. Repairs for preservation may be made at the of the majority be seriously prejudicial to those between the parties or by judicial proceedings.
will of one of the co-owners, but he must, if interested in the property owned in common, the Partition shall be governed by the Rules of Court
practicable, first notify his co-owners of the necessity court, at the instance of an interested party, shall insofar as they are consistent with this Code. (402)
for such repairs. Expenses to improve or embellish order such measures as it may deem proper,
the thing shall be decided upon by a majority as including the appointment of an administrator. Art. 497. The creditors or assignees of the co-owners
determined in Article 492. (n) may take part in the division of the thing owned in
Whenever a part of the thing belongs exclusively to common and object to its being effected without their
Art. 490. Whenever the different stories of a house one of the co-owners, and the remainder is owned in concurrence. But they cannot impugn any partition
belong to different owners, if the titles of ownership do common, the preceding provision shall apply only to already executed, unless there has been fraud, or in
not specify the terms under which they should the part owned in common. (398) case it was made notwithstanding a formal opposition
contribute to the necessary expenses and there exists presented to prevent it, without prejudice to the right
no agreement on the subject, the following rules shall Art. 493. Each co-owner shall have the full ownership of the debtor or assignor to maintain its validity. (403)
be observed: of his part and of the fruits and benefits pertaining
thereto, and he may therefore alienate, assign or Art. 498. Whenever the thing is essentially indivisible
(1) The main and party walls, the roof and the other mortgage it, and even substitute another person in its and the co-owners cannot agree that it be allotted to
things used in common, shall be preserved at the enjoyment, except when personal rights are involved. one of them who shall indemnify the others, it shall be
expense of all the owners in proportion to the value of But the effect of the alienation or the mortgage, with sold and its proceeds distributed. (404)
the story belonging to each; respect to the co-owners, shall be limited to the
portion which may be alloted to him in the division Art. 499. The partition of a thing owned in common
(2) Each owner shall bear the cost of maintaining the upon the termination of the co-ownership. (399) shall not prejudice third persons, who shall retain the
floor of his story; the floor of the entrance, front door, rights of mortgage, servitude or any other real rights
common yard and sanitary works common to all, shall Art. 494. No co-owner shall be obliged to remain in belonging to them before the division was made.
be maintained at the expense of all the owners pro the co-ownership. Each co-owner may demand at any Personal rights pertaining to third persons against the
rata; time the partition of the thing owned in common, co-ownership shall also remain in force,
insofar as his share is concerned. notwithstanding the partition. (405)
 (1) Continuous or intermittent waters rising on lands Art. 507. The owner of a piece of land on which a
Art. 500. Upon partition, there shall be a mutual of private ownership, while running through the same; spring or brook rises, be it continuous or intermittent,
accounting for benefits received and reimbursements may use its waters while they run through the same,
for expenses made. Likewise, each co-owner shall (2) Lakes and lagoons, and their beds, formed by but after the waters leave the land they shall become
pay for damages caused by reason of his negligence Nature on such lands; public, and their use shall be governed by the Special
or fraud. (n) Law of Waters of August 3, 1866, and by the Irrigation
(3) Subterranean waters found on the same; Law. (412a)
Art. 501. Every co-owner shall, after partition, be
liable for defects of title and quality of the portion (4) Rain waters falling on said lands, as long as they Art. 508. The private ownership of the beds of rain
assigned to each of the other co-owners. (n) remain within the boundaries; waters does not give a right to make works or
constructions which may change their course to the
Title IV. - SOME SPECIAL PROPERTIES (5) The beds of flowing waters, continuous or damage of third persons, or whose destruction, by the
intermittent, formed by rain water, and those of force of floods, may cause such damage. (413)
CHAPTER I brooks, crossing lands which are not of public
WATERS dominion. Art. 509. No one may enter private property to search
waters or make use of them without permission from
SECTION 1. - Ownership of Waters In every drain or aqueduct, the water, bed, banks and the owners, except as provided by the Mining Law.
floodgates shall be considered as an integral part of (414a)
Art. 502. The following are of public dominion: the land of building for which the waters are intended.
The owners of lands, through which or along the Art. 510. The ownership which the proprietor of a
(1) Rivers and their natural beds; boundaries of which the aqueduct passes, cannot piece of land has over the waters rising thereon does
claim ownership over it, or any right to the use of its not prejudice the rights which the owners of lower
(2) Continuous or intermittent waters of springs and bed or banks, unless the claim is based on titles of estates may have legally acquired to the use thereof.
brooks running in their natural beds and the beds ownership specifying the right or ownership claimed. (415)
themselves; (408)
Art. 511. Every owner of a piece of land has the right
(3) Waters rising continuously or intermittently on SECTION 2. - The Use of Public Waters to construct within his property, reservoirs for rain
lands of public dominion; waters, provided he causes no damage to the public
Art. 504. The use of public waters is acquired: or to third persons. (416)
(4) Lakes and lagoons formed by Nature on public
lands, and their beds; (1) By administrative concession; SECTION 4. - Subterranean Waters
(2) By prescription for ten years.
(5) Rain waters running through ravines or sand beds, Art. 512. Only the owner of a piece of land, or another
which are also of public dominion; The extent of the rights and obligations of the use person with his permission, may make explorations
shall be that established, in the first case, by the thereon for subterranean waters, except as provided
(6) Subterranean waters on public lands; terms of the concession, and, in the second case, by by the Mining Law.
the manner and form in which the waters have been
(7) Waters found within the zone of operation of public used. (409a) Explorations for subterranean waters on lands of
works, even if constructed by a contractor; public dominion may be made only with the
Art. 505. Every concession for the use of waters is permission of the administrative authorities. (417a)
(8) Waters rising continuously or intermittently on understood to be without prejudice to third persons.
lands belonging to private persons, to the State, to a (410) Art. 513. Waters artificially brought forth in
province, or to a city or a municipality from the accordance with the Special Law of Waters of August
moment they leave such lands; Art. 506. The right to make use of public waters is 3, 1866, belong to the person who brought them up.
extinguished by the lapse of the concession and by (418)
(9) The waste waters of fountains, sewers and public non-user for five years. (411a)
establishments. (407) Art. 514. When the owner of waters artificially brought
SECTION 3. - The Use of Waters of Private to the surface abandons them to their natural course,
Art. 503. The following are of private ownership: Ownership they shall become of public dominion. (419)
SECTION 5. - General Provisions Art. 522. Trade-marks and trade-names are governed
by special laws. (n) Art. 531. Possession is acquired by the material
Art. 515. The owner of a piece of land on which there occupation of a thing or the exercise of a right, or by
are defensive works to check waters, or on which, Title V. - POSSESSION the fact that it is subject to the action of our will, or by
due to a change of their course, it may be necessary the proper acts and legal formalities established for
to reconstruct such works, shall be obliged, at his CHAPTER 1 acquiring such right. (438a)
election, either to make the necessary repairs or POSSESSION AND THE KINDS THEREOF
construction himself, or to permit them to be done, Art. 532. Possession may be acquired by the same
without damage to him, by the owners of the lands Art. 523. Possession is the holding of a thing or the person who is to enjoy it, by his legal representative,
which suffer or are clearly exposed to suffer injury. enjoyment of a right. (430a) by his agent, or by any person without any power
(420) whatever: but in the last case, the possession shall
Art. 524. Possession may be exercised in one's own not be considered as acquired until the person in
Art. 516. The provisions of the preceding article are name or in that of another. (413a) whose name the act of possession was executed has
applicable to the case in which it may be necessary to ratified the same, without prejudice to the juridical
clear a piece of land of matter, whose accumulation or Art. 525. The possession of things or rights may be consequences of negotiorum gestio in a proper case.
fall may obstruct the course of the waters, to the had in one of two concepts: either in the concept of (439a)
damage or peril of third persons. (421) owner, or in that of the holder of the thing or right to
keep or enjoy it, the ownership pertaining to another Art. 533. The possession of hereditary property is
Art. 517. All the owners who participate in the benefits person. (432) deemed transmitted to the heir without interruption
arising from the works referred to in the two preceding and from the moment of the death of the decedent, in
articles, shall be obliged to contribute to the expenses Art. 526. He is deemed a possessor in good faith who case the inheritance is accepted.
of construction in proportion to their respective is not aware that there exists in his title or mode of
interests. Those who by their fault may have caused acquisition any flaw which invalidates it. One who validly renounces an inheritance is deemed
the damage shall be liable for the expenses. (422) never to have possessed the same. (440)
He is deemed a possessor in bad faith who
Art. 518. All matters not expressly determined by the possesses in any case contrary to the foregoing. Art. 534. On who succeeds by hereditary title shall not
provisions of this Chapter shall be governed by the suffer the consequences of the wrongful possession
special Law of Waters of August 3, 1866, and by the Mistake upon a doubtful or difficult question of law of the decedent, if it is not shown that he was aware
Irrigation Law. (425a) may be the basis of good faith. (433a) of the flaws affecting it; but the effects of possession
in good faith shall not benefit him except from the
CHAPTER 2 Art. 527. Good faith is always presumed, and upon date of the death of the decedent. (442)
MINERALS him who alleges bad faith on the part of a possessor
rests the burden of proof. (434) Art. 535. Minors and incapacitated persons may
Art. 519. Mining claims and rights and other matters acquire the possession of things; but they need the
concerning minerals and mineral lands are governed Art. 528. Possession acquired in good faith does not assistance of their legal representatives in order to
by special laws. (427a) lose this character except in the case and from the exercise the rights which from the possession arise in
moment facts exist which show that the possessor is their favor. (443)
CHAPTER 3 not unaware that he possesses the thing improperly
TRADE-MARKS AND TRADE-NAMES or wrongfully. (435a) Art. 536. In no case may possession be acquired
through force or intimidation as long as there is a
Art. 520. A trade-mark or trade-name duly registered Art. 529. It is presumed that possession continues to possessor who objects thereto. He who believes that
in the proper government bureau or office is owned by be enjoyed in the same character in which it was he has an action or a right to deprive another of the
and pertains to the person, corporation, or firm acquired, until the contrary is proved. (436) holding of a thing, must invoke the aid of the
registering the same, subject to the provisions of competent court, if the holder should refuse to deliver
special laws. (n) Art. 530. Only things and rights which are susceptible the thing. (441a)
of being appropriated may be the object of
Art. 521. The goodwill of a business is property, and possession. (437) Art. 537. Acts merely tolerated, and those executed
may be transferred together with the right to use the clandestinely and without the knowledge of the
name under which the business is conducted. (n) CHAPTER 2 possessor of a thing, or by violence, do not affect
ACQUISITION OF POSSESSION possession. (444)
 the possessors. However, in case of civil interruption, Art. 548. Expenses for pure luxury or mere pleasure
Art. 538. Possession as a fact cannot be recognized the Rules of Court shall apply. (450a) shall not be refunded to the possessor in good faith;
at the same time in two different personalities except but he may remove the ornaments with which he has
in the cases of co-possession. Should a question Art. 544. A possessor in good faith is entitled to the embellished the principal thing if it suffers no injury
arise regarding the fact of possession, the present fruits received before the possession is legally thereby, and if his successor in the possession does
possessor shall be preferred; if there are two interrupted. not prefer to refund the amount expended. (454)
possessors, the one longer in possession; if the dates
of the possession are the same, the one who Natural and industrial fruits are considered received Art. 549. The possessor in bad faith shall reimburse
presents a title; and if all these conditions are equal, from the time they are gathered or severed. the fruits received and those which the legitimate
the thing shall be placed in judicial deposit pending possessor could have received, and shall have a right
determination of its possession or ownership through Civil fruits are deemed to accrue daily and belong to only to the expenses mentioned in paragraph 1 of
proper proceedings. (445) the possessor in good faith in that proportion. (451) Article 546 and in Article 443. The expenses incurred
in improvements for pure luxury or mere pleasure
CHAPTER 3 Art. 545. If at the time the good faith ceases, there shall not be refunded to the possessor in bad faith,
EFFECTS OF POSSESSION should be any natural or industrial fruits, the but he may remove the objects for which such
possessor shall have a right to a part of the expenses expenses have been incurred, provided that the thing
Art. 539. Every possessor has a right to be respected of cultivation, and to a part of the net harvest, both in suffers no injury thereby, and that the lawful
in his possession; and should he be disturbed therein proportion to the time of the possession. possessor does not prefer to retain them by paying
he shall be protected in or restored to said possession the value they may have at the time he enters into
by the means established by the laws and the Rules The charges shall be divided on the same basis by possession. (445a)
of Court. the two possessors.
Art. 550. The costs of litigation over the property shall
A possessor deprived of his possession through The owner of the thing may, should he so desire, give be borne by every possessor. (n)
forcible entry may within ten days from the filing of the the possessor in good faith the right to finish the
complaint present a motion to secure from the cultivation and gathering of the growing fruits, as an Art. 551. Improvements caused by nature or time
competent court, in the action for forcible entry, a writ indemnity for his part of the expenses of cultivation shall always insure to the benefit of the person who
of preliminary mandatory injunction to restore him in and the net proceeds; the possessor in good faith has succeeded in recovering possession. (456)
his possession. The court shall decide the motion who for any reason whatever should refuse to accept
within thirty (30) days from the filing thereof. (446a) this concession, shall lose the right to be indemnified Art. 552. A possessor in good faith shall not be liable
in any other manner. (452a) for the deterioration or loss of the thing possessed,
Art. 540. Only the possession acquired and enjoyed in except in cases in which it is proved that he has acted
the concept of owner can serve as a title for acquiring Art. 546. Necessary expenses shall be refunded to with fraudulent intent or negligence, after the judicial
dominion. (447) every possessor; but only the possessor in good faith summons.
may retain the thing until he has been reimbursed
Art. 541. A possessor in the concept of owner has in therefor. A possessor in bad faith shall be liable for
his favor the legal presumption that he possesses deterioration or loss in every case, even if caused by
with a just title and he cannot be obliged to show or Useful expenses shall be refunded only to the a fortuitous event. (457a)
prove it. (448a) possessor in good faith with the same right of
retention, the person who has defeated him in the Art. 553. One who recovers possession shall not be
Art. 542. The possession of real property presumes possession having the option of refunding the amount obliged to pay for improvements which have ceased
that of the movables therein, so long as it is not of the expenses or of paying the increase in value to exist at the time he takes possession of the thing.
shown or proved that they should be excluded. (449) which the thing may have acquired by reason thereof. (458)
(453a)
Art. 543. Each one of the participants of a thing Art. 554. A present possessor who shows his
possessed in common shall be deemed to have Art. 547. If the useful improvements can be removed possession at some previous time, is presumed to
exclusively possessed the part which may be allotted without damage to the principal thing, the possessor have held possession also during the intermediate
to him upon the division thereof, for the entire period in good faith may remove them, unless the person period, in the absence of proof to the contrary. (459)
during which the co-possession lasted. Interruption in who recovers the possession exercises the option
the possession of the whole or a part of a thing under paragraph 2 of the preceding article. (n) Art. 555. A possessor may lose his possession:
possessed in common shall be to the prejudice of all
(1) By the abandonment of the thing; Art. 561. One who recovers, according to law, shall be obliged to reimburse at the termination of the
possession unjustly lost, shall be deemed for all usufruct, from the proceeds of the growing fruits, the
(2) By an assignment made to another either by purposes which may redound to his benefit, to have ordinary expenses of cultivation, for seed, and other
onerous or gratuitous title; enjoyed it without interruption. (466) similar expenses incurred by the usufructuary.

(3) By the destruction or total loss of the thing, or Title VI. - USUFRUCT The provisions of this article shall not prejudice the
because it goes out of commerce; rights of third persons, acquired either at the
CHAPTER 1 beginning or at the termination of the usufruct. (472)
(4) By the possession of another, subject to the USUFRUCT IN GENERAL
provisions of Article 537, if the new possession has Art. 568. If the usufructuary has leased the lands or
lasted longer than one year. But the real right of Art. 562. Usufruct gives a right to enjoy the property of tenements given in usufruct, and the usufruct should
possession is not lost till after the lapse of ten years. another with the obligation of preserving its form and expire before the termination of the lease, he or his
(460a) substance, unless the title constituting it or the law heirs and successors shall receive only the
otherwise provides. (467) proportionate share of the rent that must be paid by
Art. 556. The possession of movables is not deemed the lessee. (473)
lost so long as they remain under the control of the Art. 563. Usufruct is constituted by law, by the will of
possessor, even though for the time being he may not private persons expressed in acts inter vivos or in a Art. 569. Civil fruits are deemed to accrue daily, and
know their whereabouts. (461) last will and testament, and by prescription. (468) belong to the usufructuary in proportion to the time
the usufruct may last. (474)
Art. 557. The possession of immovables and of real Art. 564. Usufruct may be constituted on the whole or
rights is not deemed lost, or transferred for purposes a part of the fruits of the thing, in favor of one more Art. 570. Whenever a usufruct is constituted on the
of prescription to the prejudice of third persons, persons, simultaneously or successively, and in every right to receive a rent or periodical pension, whether
except in accordance with the provisions of the case from or to a certain day, purely or conditionally. It in money or in fruits, or in the interest on bonds or
Mortgage Law and the Land Registration laws. (462a) may also be constituted on a right, provided it is not securities payable to bearer, each payment due shall
strictly personal or intransmissible. (469) be considered as the proceeds or fruits of such right.
Art. 558. Acts relating to possession, executed or
agreed to by one who possesses a thing belonging to Art. 565. The rights and obligations of the Whenever it consists in the enjoyment of benefits
another as a mere holder to enjoy or keep it, in any usufructuary shall be those provided in the title accruing from a participation in any industrial or
character, do not bind or prejudice the owner, unless constituting the usufruct; in default of such title, or in commercial enterprise, the date of the distribution of
he gave said holder express authority to do such acts, case it is deficient, the provisions contained in the two which is not fixed, such benefits shall have the same
or ratifies them subsequently. (463) following Chapters shall be observed. (470) character.

Art. 559. The possession of movable property CHAPTER 2 In either case they shall be distributed as civil fruits,
acquired in good faith is equivalent to a title. RIGHTS OF THE USUFRUCTUARY and shall be applied in the manner prescribed in the
Nevertheless, one who has lost any movable or has preceding article. (475)
been unlawfully deprived thereof may recover it from Art. 566. The usufructuary shall be entitled to all the
the person in possession of the same. natural, industrial and civil fruits of the property in Art. 571. The usufructuary shall have the right to
usufruct. With respect to hidden treasure which may enjoy any increase which the thing in usufruct may
If the possessor of a movable lost or which the owner be found on the land or tenement, he shall be acquire through accession, the servitudes established
has been unlawfully deprived, has acquired it in good considered a stranger. (471) in its favor, and, in general, all the benefits inherent
faith at a public sale, the owner cannot obtain its therein. (479)
return without reimbursing the price paid therefor. Art. 567. Natural or industrial fruits growing at the time
(464a) the usufruct begins, belong to the usufructuary. Art. 572. The usufructuary may personally enjoy the
thing in usufruct, lease it to another, or alienate his
Art. 560. Wild animals are possessed only while they Those growing at the time the usufruct terminates, right of usufruct, even by a gratuitous title; but all the
are under one's control; domesticated or tamed belong to the owner. contracts he may enter into as such usufructuary shall
animals are considered domestic or tame if they terminate upon the expiration of the usufruct, saving
retain the habit of returning to the premises of the In the preceding cases, the usufructuary, at the leases of rural lands, which shall be considered as
possessor. (465) beginning of the usufruct, has no obligation to refund subsisting during the agricultural year. (480)
to the owner any expenses incurred; but the owner
Art. 573. Whenever the usufruct includes things In nurseries, the usufructuary may make the Art. 583. The usufructuary, before entering upon the
which, without being consumed, gradually deteriorate necessary thinnings in order that the remaining trees enjoyment of the property, is obliged:
through wear and tear, the usufructuary shall have the may properly grow.
right to make use thereof in accordance with the (1) To make, after notice to the owner or his legitimate
purpose for which they are intended, and shall not be With the exception of the provisions of the preceding representative, an inventory of all the property, which
obliged to return them at the termination of the paragraphs, the usufructuary cannot cut down trees shall contain an appraisal of the movables and a
usufruct except in their condition at that time; but he unless it be to restore or improve some of the things description of the condition of the immovables;
shall be obliged to indemnify the owner for any in usufruct, and in such case shall first inform the
deterioration they may have suffered by reason of his owner of the necessity for the work. (485) (2) To give security, binding himself to fulfill the
fraud or negligence. (481) obligations imposed upon him in accordance with this
Art. 578. The usufructuary of an action to recover real Chapter. (491)
Art. 574. Whenever the usufruct includes things which property or a real right, or any movable property, has
cannot be used without being consumed, the the right to bring the action and to oblige the owner Art. 584. The provisions of No. 2 of the preceding
usufructuary shall have the right to make use of them thereof to give him the authority for this purpose and article shall not apply to the donor who has reserved
under the obligation of paying their appraised value at to furnish him whatever proof he may have. If in the usufruct of the property donated, or to the parents
the termination of the usufruct, if they were appraised consequence of the enforcement of the action he who are usufructuaries of their children's property,
when delivered. In case they were not appraised, he acquires the thing claimed, the usufruct shall be except when the parents contract a second marriage.
shall have the right to return at the same quantity and limited to the fruits, the dominion remaining with the (492a)
quality, or pay their current price at the time the owner. (486)
usufruct ceases. (482) Art. 585. The usufructuary, whatever may be the title
Art. 579. The usufructuary may make on the property of the usufruct, may be excused from the obligation of
Art. 575. The usufructuary of fruit-bearing trees and held in usufruct such useful improvements or making an inventory or of giving security, when no
shrubs may make use of the dead trunks, and even of expenses for mere pleasure as he may deem proper, one will be injured thereby. (493)
those cut off or uprooted by accident, under the provided he does not alter its form or substance; but
obligation to replace them with new plants. (483a) he shall have no right to be indemnified therefor. He Art. 586. Should the usufructuary fail to give security
may, however, remove such improvements, should it in the cases in which he is bound to give it, the owner
Art. 576. If in consequence of a calamity or be possible to do so without damage to the property. may demand that the immovables be placed under
extraordinary event, the trees or shrubs shall have (487) administration, that the movables be sold, that the
disappeared in such considerable number that it public bonds, instruments of credit payable to order or
would not be possible or it would be too burdensome Art. 580. The usufructuary may set off the to bearer be converted into registered certificates or
to replace them, the usufructuary may leave the dead, improvements he may have made on the property deposited in a bank or public institution, and that the
fallen or uprooted trunks at the disposal of the owner, against any damage to the same. (488) capital or sums in cash and the proceeds of the sale
and demand that the latter remove them and clear the of the movable property be invested in safe securities.
land. (484a) Art. 581. The owner of property the usufruct of which
is held by another, may alienate it, but he cannot alter The interest on the proceeds of the sale of the
Art. 577. The usufructuary of woodland may enjoy all its form or substance, or do anything thereon which movables and that on public securities and bonds,
the benefits which it may produce according to its may be prejudicial to the usufructuary. (489) and the proceeds of the property placed under
nature. administration, shall belong to the usufructuary.
Art. 582. The usufructuary of a part of a thing held in
If the woodland is a copse or consists of timber for common shall exercise all the rights pertaining to the Furthermore, the owner may, if he so prefers, until the
building, the usufructuary may do such ordinary owner thereof with respect to the administration and usufructuary gives security or is excused from so
cutting or felling as the owner was in the habit of the collection of fruits or interest. Should the co- doing, retain in his possession the property in usufruct
doing, and in default of this, he may do so in ownership cease by reason of the division of the thing as administrator, subject to the obligation to deliver to
accordance with the custom of the place, as to the held in common, the usufruct of the part allotted to the the usufructuary the net proceeds thereof, after
manner, amount and season. co-owner shall belong to the usufructuary. (490) deducting the sums which may be agreed upon or
judicially allowed him for such administration. (494)
In any case the felling or cutting of trees shall be CHAPTER 3
made in such manner as not to prejudice the OBLIGATIONS OF THE USUFRUCTUARY Art. 587. If the usufructuary who has not given
preservation of the land. security claims, by virtue of a promise under oath, the
delivery of the furniture necessary for his use, and
that he and his family be allowed to live in a house Should the usufruct be on sterile animals, it shall be recover the amount thereof at the termination of the
included in the usufruct, the court may grant this considered, with respect to its effects, as though usufruct. (505)
petition, after due consideration of the facts of the constituted on fungible things. (499a)
case. Art. 598. If the usufruct be constituted on the whole of
Art. 592. The usufructuary is obliged to make the a patrimony, and if at the time of its constitution the
The same rule shall be observed with respect to ordinary repairs needed by the thing given in usufruct. owner has debts, the provisions of Articles 758 and
implements, tools and other movable property 759 relating to donations shall be applied, both with
necessary for an industry or vocation in which he is By ordinary repairs are understood such as are respect to the maintenance of the usufruct and to the
engaged. required by the wear and tear due to the natural use obligation of the usufructuary to pay such debts.
of the thing and are indispensable for its preservation.
If the owner does not wish that certain articles be sold Should the usufructuary fail to make them after The same rule shall be applied in case the owner is
because of their artistic worth or because they have a demand by the owner, the latter may make them at obliged, at the time the usufruct is constituted, to
sentimental value, he may demand their delivery to the expense of the usufructuary. (500) make periodical payments, even if there should be no
him upon his giving security for the payment of the known capital. (506)
legal interest on their appraised value. (495) Art. 593. Extraordinary repairs shall be at the expense
of the owner. The usufructuary is obliged to notify the Art. 599. The usufructuary may claim any matured
Art. 588. After the security has been given by the owner when the need for such repairs is urgent. (501) credits which form a part of the usufruct if he has
usufructuary, he shall have a right to all the proceeds given or gives the proper security. If he has been
and benefits from the day on which, in accordance Art. 594. If the owner should make the extraordinary excused from giving security or has been able to give
with the title constituting the usufruct, he should have repairs, he shall have a right to demand of the it, or if that given is not sufficient, he shall need the
commenced to receive them. (496) usufructuary the legal interest on the amount authorization of the owner, or of the court in default
expended for the time that the usufruct lasts. thereof, to collect such credits.
Art. 589. The usufructuary shall take care of the
things given in usufruct as a good father of a family. Should he not make them when they are The usufructuary who has given security may use the
(497) indispensable for the preservation of the thing, the capital he has collected in any manner he may deem
usufructuary may make them; but he shall have a proper. The usufructuary who has not given security
Art. 590. A usufructuary who alienates or leases his right to demand of the owner, at the termination of the shall invest the said capital at interest upon
right of usufruct shall answer for any damage which usufruct, the increase in value which the immovable agreement with the owner; in default of such
the things in usufruct may suffer through the fault or may have acquired by reason of the repairs. (502a) agreement, with judicial authorization; and, in every
negligence of the person who substitutes him. (498) case, with security sufficient to preserve the integrity
Art. 595. The owner may construct any works and of the capital in usufruct. (507)
Art. 591. If the usufruct be constituted on a flock or make any improvements of which the immovable in
herd of livestock, the usufructuary shall be obliged to usufruct is susceptible, or make new plantings Art. 600. The usufructuary of a mortgaged immovable
replace with the young thereof the animals that die thereon if it be rural, provided that such acts do not shall not be obliged to pay the debt for the security of
each year from natural causes, or are lost due to the cause a diminution in the value of the usufruct or which the mortgage was constituted.
rapacity of beasts of prey. prejudice the right of the usufructuary. (503)
Should the immovable be attached or sold judicially
If the animals on which the usufruct is constituted Art. 596. The payment of annual charges and taxes for the payment of the debt, the owner shall be liable
should all perish, without the fault of the usufructuary, and of those considered as a lien on the fruits, shall to the usufructuary for whatever the latter may lose by
on account of some contagious disease or any other be at the expense of the usufructuary for all the time reason thereof. (509)
uncommon event, the usufructuary shall fulfill his that the usufruct lasts. (504)
obligation by delivering to the owner the remains Art. 601. The usufructuary shall be obliged to notify
which may have been saved from the misfortune. Art. 597. The taxes which, during the usufruct, may be the owner of any act of a third person, of which he
imposed directly on the capital, shall be at the may have knowledge, that may be prejudicial to the
Should the herd or flock perish in part, also by expense of the owner. rights of ownership, and he shall be liable should he
accident and without the fault of the usufructuary, the not do so, for damages, as if they had been caused
usufruct shall continue on the part saved. If the latter has paid them, the usufructuary shall pay through his own fault. (511)
him the proper interest on the sums which may have
been paid in that character; and, if the said sums
have been advanced by the usufructuary, he shall
Art. 602. The expenses, costs and liabilities in suits should be destroyed in any manner whatsoever, the
brought with regard to the usufruct shall be borne by usufructuary shall have a right to make use of the Art. 612. Upon the termination of the usufruct, the
the usufructuary. (512) land and the materials. thing in usufruct shall be delivered to the owner,
without prejudice to the right of retention pertaining to
CHAPTER 4 The same rule shall be applied if the usufruct is the usufructuary or his heirs for taxes and
EXTINGUISHMENT OF USUFRUCT constituted on a building only and the same should be extraordinary expenses which should be reimbursed.
destroyed. But in such a case, if the owner should After the delivery has been made, the security or
Art. 603. Usufruct is extinguished: wish to construct another building, he shall have a mortgage shall be cancelled. (522a)
right to occupy the land and to make use of the
(1) By the death of the usufructuary, unless a contrary materials, being obliged to pay to the usufructuary, Title VII. - EASEMENTS OF SERVITUDES
intention clearly appears; during the continuance of the usufruct, the interest
upon the sum equivalent to the value of the land and CHAPTER 1
(2) By the expiration of the period for which it was of the materials. (517) EASEMENTS IN GENERAL
constituted, or by the fulfillment of any resolutory
condition provided in the title creating the usufruct; Art. 608. If the usufructuary shares with the owner the SECTION 1. - Different Kinds of Easements
insurance of the tenement given in usufruct, the
(3) By merger of the usufruct and ownership in the former shall, in case of loss, continue in the Art. 613. An easement or servitude is an
same person; enjoyment of the new building, should one be encumbrance imposed upon an immovable for the
constructed, or shall receive the interest on the benefit of another immovable belonging to a different
(4) By renunciation of the usufructuary; insurance indemnity if the owner does not wish to owner.
rebuild.
(5) By the total loss of the thing in usufruct; The immovable in favor of which the easement is
Should the usufructuary have refused to contribute to established is called the dominant estate; that which
(6) By the termination of the right of the person the insurance, the owner insuring the tenement alone, is subject thereto, the servient estate. (530)
constituting the usufruct; the latter shall receive the full amount of the insurance
indemnity in case of loss, saving always the right Art. 614. Servitudes may also be established for the
(7) By prescription. (513a) granted to the usufructuary in the preceding article. benefit of a community, or of one or more persons to
(518a) whom the encumbered estate does not belong. (531)
Art. 604. If the thing given in usufruct should be lost
only in part, the right shall continue on the remaining Art. 609. Should the thing in usufruct be expropriated Art. 615. Easements may be continuous or
part. (514) for public use, the owner shall be obliged either to discontinuous, apparent or nonapparent.
replace it with another thing of the same value and of
Art. 605. Usufruct cannot be constituted in favor of a similar conditions, or to pay the usufructuary the legal Continuous easements are those the use of which is
town, corporation, or association for more than fifty interest on the amount of the indemnity for the whole or may be incessant, without the intervention of any
years. If it has been constituted, and before the period of the usufruct. If the owner chooses the latter act of man.
expiration of such period the town is abandoned, or alternative, he shall give security for the payment of
the corporation or association is dissolved, the the interest. (519) Discontinuous easements are those which are used
usufruct shall be extinguished by reason thereof. at intervals and depend upon the acts of man.
(515a) Art. 610. A usufruct is not extinguished by bad use of
the thing in usufruct; but if the abuse should cause Apparent easements are those which are made
Art. 606. A usufruct granted for the time that may considerable injury to the owner, the latter may known and are continually kept in view by external
elapse before a third person attains a certain age, demand that the thing be delivered to him, binding signs that reveal the use and enjoyment of the same.
shall subsist for the number of years specified, even if himself to pay annually to the usufructuary the net
the third person should die before the period expires, proceeds of the same, after deducting the expenses Nonapparent easements are those which show no
unless such usufruct has been expressly granted only and the compensation which may be allowed him for external indication of their existence. (532)
in consideration of the existence of such person. its administration. (520)
(516) Art. 616. Easements are also positive or negative.
Art. 611. A usufruct constituted in favor of several
Art. 607. If the usufruct is constituted on immovable persons living at the time of its constitution shall not A positive easement is one which imposes upon the
property of which a building forms part, and the latter be extinguished until death of the last survivor. (521) owner of the servient estate the obligation of allowing
something to be done or of doing it himself, and a recognition by the owner of the servient estate or by a If the owner of the servient estate should make use of
negative easement, that which prohibits the owner of final judgment. (540a) the easement in any manner whatsoever, he shall
the servient estate from doing something which he also be obliged to contribute to the expenses in the
could lawfully do if the easement did not exist. (533) Art. 624. The existence of an apparent sign of proportion stated, saving an agreement to the
easement between two estates, established or contrary. (544)
Art. 617. Easements are inseparable from the estate maintained by the owner of both, shall be considered,
to which they actively or passively belong. (534) should either of them be alienated, as a title in order Art. 629. The owner of the servient estate cannot
that the easement may continue actively and impair, in any manner whatsoever, the use of the
Art. 618. Easements are indivisible. If the servient passively, unless, at the time the ownership of the two servitude.
estate is divided between two or more persons, the estates is divided, the contrary should be provided in
easement is not modified, and each of them must the title of conveyance of either of them, or the sign Nevertheless, if by reason of the place originally
bear it on the part which corresponds to him. aforesaid should be removed before the execution of assigned, or of the manner established for the use of
the deed. This provision shall also apply in case of the the easement, the same should become very
If it is the dominant estate that is divided between two division of a thing owned in common by two or more inconvenient to the owner of the servient estate, or
or more persons, each of them may use the persons. (541a) should prevent him from making any important works,
easement in its entirety, without changing the place of repairs or improvements thereon, it may be changed
its use, or making it more burdensome in any other Art. 625. Upon the establishment of an easement, all at his expense, provided he offers another place or
way. (535) the rights necessary for its use are considered manner equally convenient and in such a way that no
granted. (542) injury is caused thereby to the owner of the dominant
Art. 619. Easements are established either by law or estate or to those who may have a right to the use of
by the will of the owners. The former are called legal Art. 626. The owner of the dominant estate cannot the easement. (545)
and the latter voluntary easements. (536) use the easement except for the benefit of the
immovable originally contemplated. Neither can he Art. 630. The owner of the servient estate retains the
SECTION 2. - Modes of Acquiring Easements exercise the easement in any other manner than that ownership of the portion on which the easement is
previously established. (n) established, and may use the same in such a manner
Art. 620. Continuous and apparent easements are as not to affect the exercise of the easement. (n)
acquired either by virtue of a title or by prescription of SECTION 3. - Rights and Obligations
ten years. (537a) of the Owners of the Dominant and Servient Estates SECTION 4. - Modes of Extinguishment of
Easements
Art. 621. In order to acquire by prescription the Art. 627. The owner of the dominant estate may
easements referred to in the preceding article, the make, at his own expense, on the servient state any Art. 631. Easements are extinguished:
time of possession shall be computed thus: in positive works necessary for the use and preservation of the
easements, from the day on which the owner of the servitude, but without altering it or rendering it more (1) By merger in the same person of the ownership of
dominant estate, or the person who may have made burdensome. the dominant and servient estates;
use of the easement, commenced to exercise it upon
the servient estate; and in negative easements, from For this purpose he shall notify the owner of the (2) By nonuser for ten years; with respect to
the day on which the owner of the dominant estate servient estate, and shall choose the most convenient discontinuous easements, this period shall be
forbade, by an instrument acknowledged before a time and manner so as to cause the least computed from the day on which they ceased to be
notary public, the owner of the servient estate, from inconvenience to the owner of the servient estate. used; and, with respect to continuous easements,
executing an act which would be lawful without the (543a) from the day on which an act contrary to the same
easement. (538a) took place;
Art. 628. Should there be several dominant estates,
Art. 622. Continuous nonapparent easements, and the owners of all of them shall be obliged to contribute (3) When either or both of the estates fall into such
discontinuous ones, whether apparent or not, may be to the expenses referred to in the preceding article, in condition that the easement cannot be used; but it
acquired only by virtue of a title. (539) proportion to the benefits which each may derive from shall revive if the subsequent condition of the estates
the work. Any one who does not wish to contribute or either of them should again permit its use, unless
Art. 623. The absence of a document or proof may exempt himself by renouncing the easement for when the use becomes possible, sufficient time for
showing the origin of an easement which cannot be the benefit of the others. prescription has elapsed, in accordance with the
acquired by prescription may be cured by a deed of provisions of the preceding number;
(4) By the expiration of the term or the fulfillment of man descend from the higher estates, as well as the as well as the owners of the lower estates upon which
the condition, if the easement is temporary or stones or earth which they carry with them. the waters may filter or descend. (557)
conditional;
The owner of the lower estate cannot construct works Art. 643. One desiring to make use of the right
(5) By the renunciation of the owner of the dominant which will impede this easement; neither can the granted in the preceding article is obliged:
estate; owner of the higher estate make works which will
increase the burden. (552) (1) To prove that he can dispose of the water and that
(6) By the redemption agreed upon between the it is sufficient for the use for which it is intended;
owners of the dominant and servient estates. (546a) Art. 638. The banks of rivers and streams, even in
case they are of private ownership, are subject (2) To show that the proposed right of way is the most
Art. 632. The form or manner of using the easement throughout their entire length and within a zone of convenient and the least onerous to third persons;
may prescribe as the easement itself, and in the same three meters along their margins, to the easement of
way. (547a) public use in the general interest of navigation, (3) To indemnify the owner of the servient estate in
floatage, fishing and salvage. the manner determined by the laws and regulations.
Art. 633. If the dominant estate belongs to several (558)
persons in common, the use of the easement by any Estates adjoining the banks of navigable or floatable
one of them prevents prescription with respect to the rivers are, furthermore, subject to the easement of Art. 644. The easement of aqueduct for private
others. (548) towpath for the exclusive service of river navigation interest cannot be imposed on buildings, courtyards,
and floatage. annexes, or outhouses, or on orchards or gardens
CHAPTER 2 already existing. (559)
LEGAL EASEMENTS If it be necessary for such purpose to occupy lands of
private ownership, the proper indemnity shall first be Art. 645. The easement of aqueduct does not prevent
SECTION 1. - General Provisions paid. (553a) the owner of the servient estate from closing or
fencing it, or from building over the aqueduct in such
Art. 634. Easements imposed by law have for their Art. 639. Whenever for the diversion or taking of water manner as not to cause the latter any damage, or
object either public use or the interest of private from a river or brook, or for the use of any other render necessary repairs and cleanings impossible.
persons. (549) continuous or discontinuous stream, it should be (560)
necessary to build a dam, and the person who is to
Art. 635. All matters concerning easements construct it is not the owner of the banks, or lands Art. 646. For legal purposes, the easement of
established for public or communal use shall be which must support it, he may establish the easement aqueduct shall be considered as continuous and
governed by the special laws and regulations relating of abutment of a dam, after payment of the proper apparent, even though the flow of the water may not
thereto, and, in the absence thereof, by the provisions indemnity. (554) be continuous, or its use depends upon the needs of
of this Title. (550) the dominant estate, or upon a schedule of alternate
Art. 640. Compulsory easements for drawing water or days or hours. (561)
Art. 636. Easements established by law in the interest for watering animals can be imposed only for reasons
of private persons or for private use shall be governed of public use in favor of a town or village, after Art. 647. One who for the purpose of irrigating or
by the provisions of this Title, without prejudice to the payment of the proper indemnity. (555) improving his estate, has to construct a stop lock or
provisions of general or local laws and ordinances for sluice gate in the bed of the stream from which the
the general welfare. Art. 641. Easements for drawing water and for water is to be taken, may demand that the owners of
watering animals carry with them the obligation of the the banks permit its construction, after payment of
These easements may be modified by agreement of owners of the servient estates to allow passage to damages, including those caused by the new
the interested parties, whenever the law does not persons and animals to the place where such easement to such owners and to the other irrigators.
prohibit it or no injury is suffered by a third person. easements are to be used, and the indemnity shall (562)
(551a) include this service. (556)
Art. 648. The establishment, extent, form and
SECTION 2. - Easements Relating to Waters Art. 642. Any person who may wish to use upon his conditions of the servitudes of waters, to which this
own estate any water of which he can dispose shall section refers, shall be governed by the special laws
Art. 637. Lower estates are obliged to receive the have the right to make it flow through the intervening relating thereto insofar as no provision therefor is
waters which naturally and without the intervention of estates, with the obligation to indemnify their owners, made in this Code. (563a)
SECTION 3. - Easement of Right of Way However, the donor shall not be liable for indemnity. Articles 640 and 641 shall be observed. In this case
(n) the width shall not exceed 10 meters. (570a)
Art. 649. The owner, or any person who by virtue of a
real right may cultivate or use any immovable, which Art. 654. If the right of way is permanent, the SECTION 4. - Easement of Party Wall
is surrounded by other immovables pertaining to other necessary repairs shall be made by the owner of the
persons and without adequate outlet to a public dominant estate. A proportionate share of the taxes Art. 658. The easement of party wall shall be
highway, is entitled to demand a right of way through shall be reimbursed by said owner to the proprietor of governed by the provisions of this Title, by the local
the neighboring estates, after payment of the proper the servient estate. (n) ordinances and customs insofar as they do not
indemnity. conflict with the same, and by the rules of co-
Art. 655. If the right of way granted to a surrounded ownership. (571a)
Should this easement be established in such a estate ceases to be necessary because its owner has
manner that its use may be continuous for all the joined it to another abutting on a public road, the Art. 659. The existence of an easement of party wall
needs of the dominant estate, establishing a owner of the servient estate may demand that the is presumed, unless there is a title, or exterior sign, or
permanent passage, the indemnity shall consist of the easement be extinguished, returning what he may proof to the contrary:
value of the land occupied and the amount of the have received by way of indemnity. The interest on
damage caused to the servient estate. the indemnity shall be deemed to be in payment of (1) In dividing walls of adjoining buildings up to the
rent for the use of the easement. point of common elevation;
In case the right of way is limited to the necessary
passage for the cultivation of the estate surrounded The same rule shall be applied in case a new road is (2) In dividing walls of gardens or yards situated in
by others and for the gathering of its crops through opened giving access to the isolated estate. cities, towns, or in rural communities;
the servient estate without a permanent way, the
indemnity shall consist in the payment of the damage In both cases, the public highway must substantially (3) In fences, walls and live hedges dividing rural
caused by such encumbrance. meet the needs of the dominant estate in order that lands. (572)
the easement may be extinguished. (568a)
This easement is not compulsory if the isolation of the Art. 660. It is understood that there is an exterior sign,
immovable is due to the proprietor's own acts. (564a) Art. 656. If it be indispensable for the construction, contrary to the easement of party wall:
repair, improvement, alteration or beautification of a
Art. 650. The easement of right of way shall be building, to carry materials through the estate of (1) Whenever in the dividing wall of buildings there is
established at the point least prejudicial to the another, or to raise therein scaffolding or other objects a window or opening;
servient estate, and, insofar as consistent with this necessary for the work, the owner of such estate shall
rule, where the distance from the dominant estate to a be obliged to permit the act, after receiving payment (2) Whenever the dividing wall is, on one side, straight
public highway may be the shortest. (565) of the proper indemnity for the damage caused him. and plumb on all its facement, and on the other, it has
(569a) similar conditions on the upper part, but the lower part
Art. 651. The width of the easement of right of way slants or projects outward;
shall be that which is sufficient for the needs of the Art. 657. Easements of the right of way for the
dominant estate, and may accordingly be changed passage of livestock known as animal path, animal (3) Whenever the entire wall is built within the
from time to time. (566a) trail or any other, and those for watering places, boundaries of one of the estates;
resting places and animal folds, shall be governed by
Art. 652. Whenever a piece of land acquired by sale, the ordinances and regulations relating thereto, and, (4) Whenever the dividing wall bears the burden of
exchange or partition, is surrounded by other estates in the absence thereof, by the usages and customs of the binding beams, floors and roof frame of one of the
of the vendor, exchanger, or co-owner, he shall be the place. buildings, but not those of the others;
obliged to grant a right of way without indemnity.
Without prejudice to rights legally acquired, the animal (5) Whenever the dividing wall between courtyards,
In case of a simple donation, the donor shall be path shall not exceed in any case the width of 75 gardens, and tenements is constructed in such a way
indemnified by the donee for the establishment of the meters, and the animal trail that of 37 meters and 50 that the coping sheds the water upon only one of the
right of way. (567a) centimeters. estates;

Art. 653. In the case of the preceding article, if it is the Whenever it is necessary to establish a compulsory (6) Whenever the dividing wall, being built of masonry,
land of the grantor that becomes isolated, he may easement of the right of way or for a watering place has stepping stones, which at certain intervals project
demand a right of way after paying a indemnity. for animals, the provisions of this Section and those of
from the surface on one side only, but not on the be paid for by him; and, in addition, the indemnity for close them should he acquire part-ownership thereof,
other; the increased expenses which may be necessary for if there be no stipulation to the contrary.
the preservation of the party wall by reason of the
(7) Whenever lands inclosed by fences or live hedges greater height or depth which has been given it. He can also obstruct them by constructing a building
adjoin others which are not inclosed. on his land or by raising a wall thereon contiguous to
If the party wall cannot bear the increased height, the that having such openings, unless an easement of
In all these cases, the ownership of the walls, fences owner desiring to raise it shall be obliged to light has been acquired. (581a)
or hedges shall be deemed to belong exclusively to reconstruct it at his own expense and, if for this
the owner of the property or tenement which has in its purpose it be necessary to make it thicker, he shall Art. 670. No windows, apertures, balconies, or other
favor the presumption based on any one of these give the space required from his own land. (577) similar projections which afford a direct view upon or
signs. (573) towards an adjoining land or tenement can be made,
Art. 665. The other owners who have not contributed without leaving a distance of two meters between the
Art. 661. Ditches or drains opened between two in giving increased height, depth or thickness to the wall in which they are made and such contiguous
estates are also presumed as common to both, if wall may, nevertheless, acquire the right of part- property.
there is no title or sign showing the contrary. ownership therein, by paying proportionally the value
of the work at the time of the acquisition and of the Neither can side or oblique views upon or towards
There is a sign contrary to the part-ownership land used for its increased thickness. (578a) such conterminous property be had, unless there be a
whenever the earth or dirt removed to open the ditch distance of sixty centimeters.
or to clean it is only on one side thereof, in which case Art. 666. Every part-owner of a party wall may use it
the ownership of the ditch shall belong exclusively to in proportion to the right he may have in the co- The nonobservance of these distances does not give
the owner of the land having this exterior sign in its ownership, without interfering with the common and rise to prescription. (582a)
favor. (574) respective uses by the other co-owners. (579a)
Art. 671. The distance referred to in the preceding
Art. 662. The cost of repairs and construction of party SECTION 5. - Easement of Light and View article shall be measured in cases of direct views from
walls and the maintenance of fences, live hedges, the outer line of the wall when the openings do not
ditches, and drains owned in common, shall be borne Art. 667. No part-owner may, without the consent of project, from the outer line of the latter when they do,
by all the owners of the lands or tenements having the the others, open through the party wall any window or and in cases of oblique view from the dividing line
party wall in their favor, in proportion to the right of aperture of any kind. (580) between the two properties. (583)
each.
Art. 668. The period of prescription for the acquisition Art. 672. The provisions of Article 670 are not
Nevertheless, any owner may exempt himself from of an easement of light and view shall be counted: applicable to buildings separated by a public way or
contributing to this charge by renouncing his part- alley, which is not less than three meters wide, subject
ownership, except when the party wall supports a (1) From the time of the opening of the window, if it is to special regulations and local ordinances. (584a)
building belonging to him. (575) through a party wall; or
Art. 673. Whenever by any title a right has been
Art. 663. If the owner of a building, supported by a (2) From the time of the formal prohibition upon the acquired to have direct views, balconies or
party wall desires to demolish the building, he may proprietor of the adjoining land or tenement, if the belvederes overlooking an adjoining property, the
also renounce his part-ownership of the wall, but the window is through a wall on the dominant estate. (n) owner of the servient estate cannot build thereon at
cost of all repairs and work necessary to prevent any less than a distance of three meters to be measured
damage which the demolition may cause to the party Art. 669. When the distances in Article 670 are not in the manner provided in Article 671. Any stipulation
wall, on this occasion only, shall be borne by him. observed, the owner of a wall which is not party wall, permitting distances less than those prescribed in
(576) adjoining a tenement or piece of land belonging to Article 670 is void. (585a)
another, can make in it openings to admit light at the
Art. 664. Every owner may increase the height of the height of the ceiling joints or immediately under the SECTION 6. - Drainage of Buildings
party wall, doing at his own expense and paying for ceiling, and of the size of thirty centimeters square,
any damage which may be caused by the work, even and, in every case, with an iron grating imbedded in Art. 674. The owner of a building shall be obliged to
though such damage be temporary. the wall and with a wire screen. construct its roof or covering in such manner that the
rain water shall fall on his own land or on a street or
The expenses of maintaining the wall in the part Nevertheless, the owner of the tenement or property public place, and not on the land of his neighbor, even
newly raised or deepened at its foundation shall also adjoining the wall in which the openings are made can though the adjacent land may belong to two or more
persons, one of whom is the owner of the roof. Even if
it should fall on his own land, the owner shall be Art. 679. No trees shall be planted near a tenement or Art. 686. The legal easement of lateral and subjacent
obliged to collect the water in such a way as not to piece of land belonging to another except at the support is not only for buildings standing at the time
cause damage to the adjacent land or tenement. distance authorized by the ordinances or customs of the excavations are made but also for constructions
(586a) the place, and, in the absence thereof, at a distance that may be erected.
of at least two meters from the dividing line of the
Art. 675. The owner of a tenement or a piece of land, estates if tall trees are planted and at a distance of at Art. 687. Any proprietor intending to make any
subject to the easement of receiving water falling from least fifty centimeters if shrubs or small trees are excavation contemplated in the three preceding
roofs, may build in such manner as to receive the planted. articles shall notify all owners of adjacent lands.
water upon his own roof or give it another outlet in
accordance with local ordinances or customs, and in Every landowner shall have the right to demand that CHAPTER 3
such a way as not to cause any nuisance or damage trees hereafter planted at a shorter distance from his VOLUNTARY EASEMENTS
whatever to the dominant estate. (587) land or tenement be uprooted.
Art. 688. Every owner of a tenement or piece of land
Art. 676. Whenever the yard or court of a house is The provisions of this article also apply to trees which may establish thereon the easements which he may
surrounded by other houses, and it is not possible to have grown spontaneously. (591a) deem suitable, and in the manner and form which he
give an outlet through the house itself to the rain may deem best, provided he does not contravene the
water collected thereon, the establishment of an Art. 680. If the branches of any tree should extend laws, public policy or public order. (594)
easement of drainage can be demanded, giving an over a neighboring estate, tenement, garden or yard,
outlet to the water at the point of the contiguous lands the owner of the latter shall have the right to demand Art. 689. The owner of a tenement or piece of land,
or tenements where its egress may be easiest, and that they be cut off insofar as they may spread over the usufruct of which belongs to another, may impose
establishing a conduit for the drainage in such his property, and, if it be the roots of a neighboring thereon, without the consent of the usufructuary, any
manner as to cause the least damage to the servient tree which should penetrate into the land of another, servitudes which will not injure the right of usufruct.
estate, after payment of the property indemnity. (583) the latter may cut them off himself within his property. (595)
(592)
SECTION 7. - Intermediate Distances Art. 690. Whenever the naked ownership of a
and Works for Certain Constructions and Plantings Art. 681. Fruits naturally falling upon adjacent land tenement or piece of land belongs to one person and
belong to the owner of said land. (n) the beneficial ownership to another, no perpetual
Art. 677. No constructions can be built or plantings voluntary easement may be established thereon
made near fortified places or fortresses without SECTION 8. - Easement Against Nuisance (n) without the consent of both owners. (596)
compliance with the conditions required in special
laws, ordinances, and regulations relating thereto. Art. 682. Every building or piece of land is subject to Art. 691. In order to impose an easement on an
(589) the easement which prohibits the proprietor or undivided tenement, or piece of land, the consent of
possessor from committing nuisance through noise, all the co-owners shall be required.
Art. 678. No person shall build any aqueduct, well, jarring, offensive odor, smoke, heat, dust, water, glare
sewer, furnace, forge, chimney, stable, depository of and other causes. The consent given by some only, must be held in
corrosive substances, machinery, or factory which by abeyance until the last one of all the co-owners shall
reason of its nature or products is dangerous or Art. 683. Subject to zoning, health, police and other have expressed his conformity.
noxious, without observing the distances prescribed laws and regulations, factories and shops may be
by the regulations and customs of the place, and maintained provided the least possible annoyance is But the consent given by one of the co-owners
without making the necessary protective works, caused to the neighborhood. separately from the others shall bind the grantor and
subject, in regard to the manner thereof, to the his successors not to prevent the exercise of the right
conditions prescribed by such regulations. These SECTION 9. - Lateral and Subjacent Support (n) granted. (597a)
prohibitions cannot be altered or renounced by
stipulation on the part of the adjoining proprietors. Sec. 684. No proprietor shall make such excavations Art. 692. The title and, in a proper case, the
upon his land as to deprive any adjacent land or possession of an easement acquired by prescription
In the absence of regulations, such precautions shall building of sufficient lateral or subjacent support. shall determine the rights of the dominant estate and
be taken as may be considered necessary, in order to Art. 685. Any stipulation or testamentary provision the obligations of the servient estate. In default
avoid any damage to the neighboring lands or allowing excavations that cause danger to an thereof, the easement shall be governed by such
tenements. (590a) adjacent land or building shall be void. provisions of this Title as are applicable thereto. (598)
 (1) A prosecution under the Penal Code or any local Art. 706. Any person injured by a private nuisance
Art. 693. If the owner of the servient estate should ordinance: or may abate it by removing, or if necessary, by
have bound himself, upon the establishment of the destroying the thing which constitutes the nuisance,
easement, to bear the cost of the work required for (2) A civil action; or without committing a breach of the peace or doing
the use and preservation thereof, he may free himself unnecessary injury. However, it is indispensable that
from this obligation by renouncing his property to the (3) Abatement, without judicial proceedings. the procedure for extrajudicial abatement of a public
owner of the dominant estate. (599) nuisance by a private person be followed.
Art. 700. The district health officer shall take care that
Title VIII. - NUISANCE (n) one or all of the remedies against a public nuisance Art. 707. A private person or a public official
are availed of. extrajudicially abating a nuisance shall be liable for
Art. 694. A nuisance is any act, omission, damages:
establishment, business, condition of property, or Art. 701. If a civil action is brought by reason of the
anything else which: maintenance of a public nuisance, such action shall (1) If he causes unnecessary injury; or
be commenced by the city or municipal mayor. (2) If an alleged nuisance is later declared by the
(1) Injures or endangers the health or safety of others; courts to be not a real nuisance.
or Art. 702. The district health officer shall determine
whether or not abatement, without judicial Title IX. - REGISTRY OF PROPERTY
(2) Annoys or offends the senses; or proceedings, is the best remedy against a public
nuisance. Art. 708. The Registry of Property has for its object
(3) Shocks, defies or disregards decency or morality; the inscription or annotation of acts and contracts
or Art. 703. A private person may file an action on relating to the ownership and other rights over
account of a public nuisance, if it is specially injurious immovable property. (605)
(4) Obstructs or interferes with the free passage of to himself.
any public highway or street, or any body of water; or Art. 709. The titles of ownership, or of other rights
Art. 704. Any private person may abate a public over immovable property, which are not duly inscribed
(5) Hinders or impairs the use of property. nuisance which is specially injurious to him by or annotated in the Registry of Property shall not
removing, or if necessary, by destroying the thing prejudice third persons. (606)
Art. 695. Nuisance is either public or private. A public which constitutes the same, without committing a
nuisance affects a community or neighborhood or any breach of the peace, or doing unnecessary injury. But Art. 710. The books in the Registry of Property shall
considerable number of persons, although the extent it is necessary: be public for those who have a known interest in
of the annoyance, danger or damage upon individuals ascertaining the status of the immovables or real
may be unequal. A private nuisance is one that is not (1) That demand be first made upon the owner or rights annotated or inscribed therein. (607)
included in the foregoing definition. possessor of the property to abate the nuisance;
Art. 711. For determining what titles are subject to
Art. 696. Every successive owner or possessor of (2) That such demand has been rejected; inscription or annotation, as well as the form, effects,
property who fails or refuses to abate a nuisance in and cancellation of inscriptions and annotations, the
that property started by a former owner or possessor (3) That the abatement be approved by the district manner of keeping the books in the Registry, and the
is liable therefor in the same manner as the one who health officer and executed with the assistance of the value of the entries contained in said books, the
created it. local police; and provisions of the Mortgage Law, the Land Registration
Act, and other special laws shall govern. (608a)
Art. 697. The abatement of a nuisance does not (4) That the value of the destruction does not exceed
preclude the right of any person injured to recover three thousand pesos.
damages for its past existence.
Art. 705. The remedies against a private nuisance
Art. 698. Lapse of time cannot legalize any nuisance, are:
whether public or private.
(1) A civil action; or
Art. 699. The remedies against a public nuisance are: (2) Abatement, without judicial proceedings.

REPUBLIC ACT NO. 386

 AN ACT TO ORDAIN AND INSTITUTE published, their rights are governed by the Copyright
THE CIVIL CODE OF THE PHILIPPINES Art. 718. He who by chance discovers hidden laws.
treasure in another's property shall have the right
BOOK III granted him in article 438 of this Code. (614) The painter, sculptor or other artist shall have
dominion over the product of his art even before it is
DIFFERENT MODES OF ACQUIRING OWNERSHIP Art. 719. Whoever finds a movable, which is not copyrighted.
treasure, must return it to its previous possessor. If
PRELIMINARY PROVISION the latter is unknown, the finder shall immediately The scientist or technologist has the ownership of his
deposit it with the mayor of the city or municipality discovery or invention even before it is patented. (n)
Art. 712. Ownership is acquired by occupation and by where the finding has taken place.
intellectual creation. Art. 723. Letters and other private communications in
The finding shall be publicly announced by the mayor writing are owned by the person to whom they are
Ownership and other real rights over property are for two consecutive weeks in the way he deems best. addressed and delivered, but they cannot be
acquired and transmitted by law, by donation, by published or disseminated without the consent of the
estate and intestate succession, and in consequence If the movable cannot be kept without deterioration, or writer or his heirs. However, the court may authorize
of certain contracts, by tradition. without expenses which considerably diminish its their publication or dissemination if the public good or
value, it shall be sold at public auction eight days after the interest of justice so requires. (n)
They may also be acquired by means of prescription. the publication.
(609a) Art. 724. Special laws govern copyright and patent.
Six months from the publication having elapsed (429a)
Title I. - OCCUPATION without the owner having appeared, the thing found,
or its value, shall be awarded to the finder. The finder Title III. - DONATION
Art. 713. Things appropriable by nature which are and the owner shall be obliged, as the case may be,
without an owner, such as animals that are the object to reimburse the expenses. (615a) CHAPTER 1
of hunting and fishing, hidden treasure and NATURE OF DONATIONS
abandoned movables, are acquired by occupation. Art. 720. If the owner should appear in time, he shall
(610) be obliged to pay, as a reward to the finder, one-tenth Art. 725. Donation is an act of liberality whereby a
of the sum or of the price of the thing found. (616a) person disposes gratuitously of a thing or right in
Art. 714. The ownership of a piece of land cannot be favor of another, who accepts it. (618a)
acquired by occupation. (n) Title II. - INTELLECTUAL CREATION
Art. 726. When a person gives to another a thing or
Art. 715. The right to hunt and to fish is regulated by Art. 721. By intellectual creation, the following right on account of the latter's merits or of the services
special laws. (611) persons acquire ownership: rendered by him to the donor, provided they do not
constitute a demandable debt, or when the gift
Art. 716. The owner of a swarm of bees shall have a (1) The author with regard to his literary, dramatic, imposes upon the donee a burden which is less than
right to pursue them to another's land, indemnifying historical, legal, philosophical, scientific or other work; the value of the thing given, there is also a donation.
the possessor of the latter for the damage. If the (619)
owner has not pursued the swarm, or ceases to do so (2) The composer; as to his musical composition;
within two consecutive days, the possessor of the Art. 727. Illegal or impossible conditions in simple and
land may occupy or retain the same. The owner of (3) The painter, sculptor, or other artist, with respect to remuneratory donations shall be considered as not
domesticated animals may also claim them within the product of his art; imposed. (n)
twenty days to be counted from their occupation by
another person. This period having expired, they shall (4) The scientist or technologist or any other person Art. 728. Donations which are to take effect upon the
pertain to him who has caught and kept them. (612a) with regard to his discovery or invention. (n) death of the donor partake of the nature of
testamentary provisions, and shall be governed by the
Art. 717. Pigeons and fish which from their respective Art. 722. The author and the composer, mentioned in rules established in the Title on Succession. (620)
breeding places pass to another pertaining to a Nos. 1 and 2 of the preceding article, shall have the
different owner shall belong to the latter, provided ownership of their creations even before the Art. 729. When the donor intends that the donation
they have not been enticed by some article of fraud. publication of the same. Once their works are shall take effect during the lifetime of the donor,
(613a) though the property shall not be delivered till after the
donor's death, this shall be a donation inter vivos. The Art. 748. The donation of a movable may be made
fruits of the property from the time of the acceptance (2) Those made between persons found guilty of the orally or in writing.
of the donation, shall pertain to the donee, unless the same criminal offense, in consideration thereof;
donor provides otherwise. (n) An oral donation requires the simultaneous delivery of
(3) Those made to a public officer or his wife, the thing or of the document representing the right
Art. 730. The fixing of an event or the imposition of a descedants and ascendants, by reason of his office. donated.
suspensive condition, which may take place beyond
the natural expectation of life of the donor, does not In the case referred to in No. 1, the action for If the value of the personal property donated exceeds
destroy the nature of the act as a donation inter vivos, declaration of nullity may be brought by the spouse of five thousand pesos, the donation and the acceptance
unless a contrary intention appears. (n) the donor or donee; and the guilt of the donor and shall be made in writing, otherwise, the donation shall
donee may be proved by preponderance of evidence be void. (632a)
Art. 731. When a person donates something, subject in the same action. (n)
to the resolutory condition of the donor's survival, Art. 749. In order that the donation of an immovable
there is a donation inter vivos. (n) Art. 740. Incapacity to succeed by will shall be may be valid, it must be made in a public document,
applicable to donations inter vivos. (n) specifying therein the property donated and the value
Art. 732. Donations which are to take effect inter vivos of the charges which the donee must satisfy.
shall be governed by the general provisions on Art. 741. Minors and others who cannot enter into a
contracts and obligations in all that is not determined contract may become donees but acceptance shall be The acceptance may be made in the same deed of
in this Title. (621) done through their parents or legal representatives. donation or in a separate public document, but it shall
(626a) not take effect unless it is done during the lifetime of
Art. 733. Donations with an onerous cause shall be the donor.
governed by the rules on contracts and remuneratory Art. 742. Donations made to conceived and unborn
donations by the provisions of the present Title as children may be accepted by those persons who If the acceptance is made in a separate instrument,
regards that portion which exceeds the value of the would legally represent them if they were already the donor shall be notified thereof in an authentic
burden imposed. (622) born. (627) form, and this step shall be noted in both instruments.
(633)
Art. 734. The donation is perfected from the moment Art. 743. Donations made to incapacitated persons
the donor knows of the acceptance by the donee. shall be void, though simulated under the guise of CHAPTER 3
(623) another contract or through a person who is EFFECT OF DONATIONS AND LIMITATIONS
interposed. (628) THEREON
CHAPTER 2
PERSONS WHO MAY GIVE OR RECEIVE A Art. 744. Donations of the same thing to two or more Art. 750. The donations may comprehend all the
DONATION different donees shall be governed by the provisions present property of the donor, or part thereof,
concerning the sale of the same thing to two or more provided he reserves, in full ownership or in usufruct,
Art. 735. All persons who may contract and dispose of different persons. (n) sufficient means for the support of himself, and of all
their property may make a donation. (624) relatives who, at the time of the acceptance of the
Art. 745. The donee must accept the donation donation, are by law entitled to be supported by the
Art. 736. Guardians and trustees cannot donate the personally, or through an authorized person with a donor. Without such reservation, the donation shall be
property entrusted to them. (n) special power for the purpose, or with a general and reduced in petition of any person affected. (634a)
sufficient power; otherwise, the donation shall be void.
Art. 737. The donor's capacity shall be determined as (630) Art. 751. Donations cannot comprehend future
of the time of the making of the donation. (n) property.
Art. 746. Acceptance must be made during the
Art. 738. Al those who are not specially disqualified by lifetime of the donor and of the donee. (n) By future property is understood anything which the
law therefor may accept donations. (625) donor cannot dispose of at the time of the donation.
Art. 747. Persons who accept donations in (635)
Art. 739. The following donations shall be void: representation of others who may not do so by
themselves, shall be obliged to make the notification Art. 752. The provisions of Article 750
(1) Those made between persons who were guilty of and notation of which Article 749 speaks. (631) notwithstanding, no person may give or receive, by
adultery or concubinage at the time of the donation;
way of donation, more than he may give or receive by Art. 758. When the donation imposes upon the donee child, the property affected shall be returned or its
will. the obligation to pay the debts of the donor, if the value if the donee has sold the same.
clause does not contain any declaration to the
The donation shall be inofficious in all that it may contrary, the former is understood to be liable to pay If the property is mortgaged, the donor may redeem
exceed this limitation. (636) only the debts which appear to have been previously the mortgage, by paying the amount guaranteed, with
contracted. In no case shall the donee be responsible a right to recover the same from the donee.
Art. 753. When a donation is made to several persons for the debts exceeding the value of the property
jointly, it is understood to be in equal shares, and donated, unless a contrary intention clearly appears. When the property cannot be returned, it shall be
there shall be no right of accretion among them, (642a) estimated at what it was worth at the time of the
unless the donor has otherwise provided. donation. (645a)
Art. 759. There being no stipulation regarding the
The preceding paragraph shall not be applicable to payment of debts, the donee shall be responsible Art. 763. The action for revocation or reduction on the
donations made to the husband and wife jointly, therefor only when the donation has been made in grounds set forth in article 760 shall prescribe after
between whom there shall be a right of accretion, if fraud of creditors. four years from the birth of the first child, or from his
the contrary has not been provided by the donor. legitimation, recognition or adoption, or from the
(637) The donation is always presumed to be in fraud of judicial declaration of filiation, or from the time
creditors, when at the time thereof the donor did not information was received regarding the existence of
Art. 754. The donee is subrogated to all the rights and reserve sufficient property to pay his debts prior to the the child believed dead.
actions which in case of eviction would pertain to the donation. (643)
donor. The latter, on the other hand, is not obliged to This action cannot be renounced, and is transmitted,
warrant the things donated, save when the donation is CHAPTER 4 upon the death of the donor, to his legitimate and
onerous, in which case the donor shall be liable for REVOCATION AND REDUCTION OF DONATIONS illegitimate children and descendants. (646a)
eviction to the concurrence of the burden.
Art. 760. Every donation inter vivos, made by a Art. 764. The donation shall be revoked at the
The donor shall also be liable for eviction or hidden person having no children or descendants, legitimate instance of the donor, when the donee fails to comply
defects in case of bad faith on his part. (638a) or legitimated by subsequent marriage, or illegitimate, with any of the conditions which the former imposed
may be revoked or reduced as provided in the next upon the latter.
Art. 755. The right to dispose of some of the things article, by the happening of any of these events:
donated, or of some amount which shall be a charge In this case, the property donated shall be returned to
thereon, may be reserved by the donor; but if he (1) If the donor, after the donation, should have the donor, the alienations made by the donee and the
should die without having made use of this right, the legitimate or legitimated or illegitimate children, mortgages imposed thereon by him being void, with
property or amount reserved shall belong to the even though they be posthumous; the limitations established, with regard to third
donee. (639) persons, by the Mortgage Law and the Land
(2) If the child of the donor, whom the latter believed Registration Laws.
Art. 756. The ownership of property may also be to be dead when he made the donation, should turn
donated to one person and the usufruct to another or out to be living; This action shall prescribe after four years from the
others, provided all the donees are living at the time noncompliance with the condition, may be transmitted
of the donation. (640a) (3) If the donor subsequently adopt a minor child. to the heirs of the donor, and may be exercised
(644a) against the donee's heirs. (647a)
Art. 757. Reversion may be validly established in
favor of only the donor for any case and Art. 761. In the cases referred to in the preceding Art. 765. The donation may also be revoked at the
circumstances, but not in favor of other persons article, the donation shall be revoked or reduced instance of the donor, by reason of ingratitude in the
unless they are all living at the time of the donation. insofar as it exceeds the portion that may be freely following cases:
disposed of by will, taking into account the whole
Any reversion stipulated by the donor in favor of a estate of the donor at the time of the birth, (1) If the donee should commit some offense against
third person in violation of what is provided in the appearance or adoption of a child. (n) the person, the honor or the property of the donor, or
preceding paragraph shall be void, but shall not nullify of his wife or children under his parental authority;
the donation. (614a) Art. 762. Upon the revocation or reduction of the
donation by the birth, appearance or adoption of a (2) If the donee imputes to the donor any criminal
offense, or any act involving moral turpitude, even
though he should prove it, unless the crime or the act Neither can this action be brought against the heir of Art. 775. In this Title, "decedent" is the general term
has been committed against the donee himself, his the donee, unless upon the latter's death the applied to the person whose property is transmitted
wife or children under his authority; complaint has been filed. (653) through succession, whether or not he left a will. If he
left a will, he is also called the testator. (n)
(3) If he unduly refuses him support when the donee Art. 771. Donations which in accordance with the
is legally or morally bound to give support to the provisions of Article 752, are inofficious, bearing in Art. 776. The inheritance includes all the property,
donor. (648a) mind the estimated net value of the donor's property rights and obligations of a person which are not
at the time of his death, shall be reduced with regard extinguished by his death. (659)
Art. 766. Although the donation is revoked on account to the excess; but this reduction shall not prevent the
of ingratitude, nevertheless, the alienations and donations from taking effect during the life of the Art. 777. The rights to the succession are transmitted
mortgages effected before the notation of the donor, nor shall it bar the donee from appropriating from the moment of the death of the decedent. (657a)
complaint for revocation in the Registry of Property the fruits.
shall subsist. Art. 778. Succession may be:
For the reduction of donations the provisions of this
Later ones shall be void. (649) Chapter and of Articles 911 and 912 of this Code shall (1) Testamentary;
govern. (654) (2) Legal or intestate; or
Art. 767. In the case referred to in the first paragraph (3) Mixed. (n)
of the preceding article, the donor shall have a right to Art. 772. Only those who at the time of the donor's
demand from the donee the value of property death have a right to the legitime and their heirs and Art. 779. Testamentary succession is that which
alienated which he cannot recover from third persons, successors in interest may ask for the reduction or results from the designation of an heir, made in a will
or the sum for which the same has been mortgaged. inofficious donations. executed in the form prescribed by law. (n)

The value of said property shall be fixed as of the time Those referred to in the preceding paragraph cannot Art. 780. Mixed succession is that effected partly by
of the donation. (650) renounce their right during the lifetime of the donor, will and partly by operation of law. (n)
either by express declaration, or by consenting to the
Art. 768. When the donation is revoked for any of the donation. Art. 781. The inheritance of a person includes not only
causes stated in Article 760, or by reason of the property and the transmissible rights and
ingratitude, or when it is reduced because it is The donees, devisees and legatees, who are not obligations existing at the time of his death, but also
inofficious, the donee shall not return the fruits except entitled to the legitime and the creditors of the those which have accrued thereto since the opening
from the filing of the complaint. deceased can neither ask for the reduction nor avail of the succession. (n)
themselves thereof. (655a)
If the revocation is based upon noncompliance with Art. 782. An heir is a person called to the succession
any of the conditions imposed in the donation, the Art. 773. If, there being two or more donations, the either by the provision of a will or by operation of law.
donee shall return not only the property but also the disposable portion is not sufficient to cover all of
fruits thereof which he may have received after having them, those of the more recent date shall be Devisees and legatees are persons to whom gifts of
failed to fulfill the condition. (651) suppressed or reduced with regard to the excess. real and personal property are respectively given by
(656) virtue of a will. (n)
Art. 769. The action granted to the donor by reason of
ingratitude cannot be renounced in advance. This Title IV. - SUCCESSION CHAPTER 2
action prescribes within one year, to be counted from TESTAMENTARY SUCCESSION
the time the donor had knowledge of the fact and it CHAPTER 1
was possible for him to bring the action. (652) GENERAL PROVISIONS SECTION 1. - Wills

Art. 770. This action shall not be transmitted to the Art. 774. Succession is a mode of acquisition by virtue SUBSECTION 1. - Wills in General
heirs of the donor, if the latter did not institute the of which the property, rights and obligations to the
same, although he could have done so, and even if extent of the value of the inheritance, of a person are Art. 783. A will is an act whereby a person is
he should die before the expiration of one year. transmitted through his death to another or others permitted, with the formalities prescribed by law, to
either by his will or by operation of law. (n) control to a certain degree the disposition of this
estate, to take effect after his death. (667a)
Art. 784. The making of a will is a strictly personal act; It shall be sufficient if the testator was able at the time
it cannot be left in whole or in part of the discretion of Art. 791. The words of a will are to receive an of making the will to know the nature of the estate to
a third person, or accomplished through the interpretation which will give to every expression be disposed of, the proper objects of his bounty, and
instrumentality of an agent or attorney. (670a) some effect, rather than one which will render any of the character of the testamentary act. (n)
the expressions inoperative; and of two modes of
Art. 785. The duration or efficacy of the designation of interpreting a will, that is to be preferred which will Art. 800. The law presumes that every person is of
heirs, devisees or legatees, or the determination of prevent intestacy. (n) sound mind, in the absence of proof to the contrary.
the portions which they are to take, when referred to
by name, cannot be left to the discretion of a third Art. 792. The invalidity of one of several dispositions The burden of proof that the testator was not of sound
person. (670a) contained in a will does not result in the invalidity of mind at the time of making his dispositions is on the
the other dispositions, unless it is to be presumed that person who opposes the probate of the will; but if the
Art. 786. The testator may entrust to a third person the testator would not have made such other testator, one month, or less, before making his will
the distribution of specific property or sums of money dispositions if the first invalid disposition had not been was publicly known to be insane, the person who
that he may leave in general to specified classes or made. (n) maintains the validity of the will must prove that the
causes, and also the designation of the persons, testator made it during a lucid interval. (n)
institutions or establishments to which such property Art. 793. Property acquired after the making of a will
or sums are to be given or applied. (671a) shall only pass thereby, as if the testator had Art. 801. Supervening incapacity does not invalidate
possessed it at the time of making the will, should it an effective will, nor is the will of an incapable
Art. 787. The testator may not make a testamentary expressly appear by the will that such was his validated by the supervening of capacity. (n)
disposition in such manner that another person has to intention. (n)
determine whether or not it is to be operative. (n) Art. 802. A married woman may make a will without
Art. 794. Every devise or legacy shall cover all the the consent of her husband, and without the authority
Art. 788. If a testamentary disposition admits of interest which the testator could device or bequeath in of the court. (n)
different interpretations, in case of doubt, that the property disposed of, unless it clearly appears
interpretation by which the disposition is to be from the will that he intended to convey a less Art. 803. A married woman may dispose by will of all
operative shall be preferred. (n) interest. (n) her separate property as well as her share of the
conjugal partnership or absolute community property.
Art. 789. When there is an imperfect description, or Art. 795. The validity of a will as to its form depends (n)
when no person or property exactly answers the upon the observance of the law in force at the time it
description, mistakes and omissions must be is made. (n) SUBSECTION 3. - Forms of Wills
corrected, if the error appears from the context of the
will or from extrinsic evidence, excluding the oral SUBSECTION 2. - Testamentary Capacity and Intent Art. 804. Every will must be in writing and executed in
declarations of the testator as to his intention; and a language or dialect known to the testator. (n)
when an uncertainty arises upon the face of the will, Art. 796. All persons who are not expressly prohibited
as to the application of any of its provisions, the by law may make a will. (662) Art. 805. Every will, other than a holographic will,
testator's intention is to be ascertained from the words must be subscribed at the end thereof by the testator
of the will, taking into consideration the circumstances Art. 797. Persons of either sex under eighteen years himself or by the testator's name written by some
under which it was made, excluding such oral of age cannot make a will. (n) other person in his presence, and by his express
declarations. (n) direction, and attested and subscribed by three or
Art. 798. In order to make a will it is essential that the more credible witnesses in the presence of the
Art. 790. The words of a will are to be taken in their testator be of sound mind at the time of its execution. testator and of one another.
ordinary and grammatical sense, unless a clear (n)
intention to use them in another sense can be The testator or the person requested by him to write
gathered, and that other can be ascertained. Art. 799. To be of sound mind, it is not necessary that his name and the instrumental witnesses of the will,
the testator be in full possession of all his reasoning shall also sign, as aforesaid, each and every page
Technical words in a will are to be taken in their faculties, or that his mind be wholly unbroken, thereof, except the last, on the left margin, and all the
technical sense, unless the context clearly indicates a unimpaired, or unshattered by disease, injury or other pages shall be numbered correlatively in letters
contrary intention, or unless it satisfactorily appears cause. placed on the upper part of each page.
that he was unacquainted with such technical sense.
(675a)
The attestation shall state the number of pages used In the absence of any competent witness referred to
upon which the will is written, and the fact that the in the preceding paragraph, and if the court deem it SUBSECTION 4. - Witnesses to Wills
testator signed the will and every page thereof, or necessary, expert testimony may be resorted to.
caused some other person to write his name, under (619a) Art. 820. Any person of sound mind and of the age of
his express direction, in the presence of the eighteen years or more, and not bind, deaf or dumb,
instrumental witnesses, and that the latter witnessed Art. 812. In holographic wills, the dispositions of the and able to read and write, may be a witness to the
and signed the will and all the pages thereof in the testator written below his signature must be dated and execution of a will mentioned in Article 805 of this
presence of the testator and of one another. signed by him in order to make them valid as Code. (n)
testamentary dispositions. (n)
If the attestation clause is in a language not known to Art. 821. The following are disqualified from being
the witnesses, it shall be interpreted to them. (n) Art. 813. When a number of dispositions appearing in witnesses to a will:
a holographic will are signed without being dated, and
Art. 806. Every will must be acknowledged before a the last disposition has a signature and a date, such (1) Any person not domiciled in the Philippines;
notary public by the testator and the witnesses. The date validates the dispositions preceding it, whatever (2) Those who have been convicted of falsification of
notary public shall not be required to retain a copy of be the time of prior dispositions. (n) a document, perjury or false testimony. (n)
the will, or file another with the Office of the Clerk of
Court. (n) Art. 814. In case of any insertion, cancellation, Art. 822. If the witnesses attesting the execution of a
erasure or alteration in a holographic will, the testator will are competent at the time of attesting, their
Art. 807. If the testator be deaf, or a deaf-mute, he must authenticate the same by his full signature. (n) becoming subsequently incompetent shall not prevent
must personally read the will, if able to do so; the allowance of the will. (n)
otherwise, he shall designate two persons to read it Art. 815. When a Filipino is in a foreign country, he is
and communicate to him, in some practicable manner, authorized to make a will in any of the forms Art. 823. If a person attests the execution of a will, to
the contents thereof. (n) established by the law of the country in which he may whom or to whose spouse, or parent, or child, a
be. Such will may be probated in the Philippines. (n) devise or legacy is given by such will, such devise or
Art. 808. If the testator is blind, the will shall be read legacy shall, so far only as concerns such person, or
to him twice; once, by one of the subscribing Art. 816. The will of an alien who is abroad produces spouse, or parent, or child of such person, or any one
witnesses, and again, by the notary public before effect in the Philippines if made with the formalities claiming under such person or spouse, or parent, or
whom the will is acknowledged. (n) prescribed by the law of the place in which he resides, child, be void, unless there are three other competent
or according to the formalities observed in his country, witnesses to such will. However, such person so
Art. 809. In the absence of bad faith, forgery, or fraud, or in conformity with those which this Code attesting shall be admitted as a witness as if such
or undue and improper pressure and influence, prescribes. (n) devise or legacy had not been made or given. (n)
defects and imperfections in the form of attestation or
in the language used therein shall not render the will Art. 817. A will made in the Philippines by a citizen or Art. 824. A mere charge on the estate of the testator
invalid if it is proved that the will was in fact executed subject of another country, which is executed in for the payment of debts due at the time of the
and attested in substantial compliance with all the accordance with the law of the country of which he is testator's death does not prevent his creditors from
requirements of Article 805. (n) a citizen or subject, and which might be proved and being competent witnesses to his will. (n)
allowed by the law of his own country, shall have the
Art. 810. A person may execute a holographic will same effect as if executed according to the laws of SUBSECTION 5. - Codicils and Incorporation by
which must be entirely written, dated, and signed by the Philippines. (n) Reference
the hand of the testator himself. It is subject to no
other form, and may be made in or out of the Art. 818. Two or more persons cannot make a will Art. 825. A codicil is supplement or addition to a will,
Philippines, and need not be witnessed. (678, 688a) jointly, or in the same instrument, either for their made after the execution of a will and annexed to be
reciprocal benefit or for the benefit of a third person. taken as a part thereof, by which disposition made in
Art. 811. In the probate of a holographic will, it shall (669) the original will is explained, added to, or altered. (n)
be necessary that at least one witness who knows the
handwriting and signature of the testator explicitly Art. 819. Wills, prohibited by the preceding article, Art. 826. In order that a codicil may be effective, it
declare that the will and the signature are in the executed by Filipinos in a foreign country shall not be shall be executed as in the case of a will. (n)
handwriting of the testator. If the will is contested, at valid in the Philippines, even though authorized by the
least three of such witnesses shall be required. laws of the country where they may have been Art. 827. If a will, executed as required by this Code,
executed. (733a) incorporates into itself by reference any document or
paper, such document or paper shall not be fact of its unauthorized destruction, cancellation, or The Supreme Court shall formulate such additional
considered a part of the will unless the following obliteration are established according to the Rules of Rules of Court as may be necessary for the allowance
requisites are present: Court. (n) of wills on petition of the testator.

(1) The document or paper referred to in the will must Art. 831. Subsequent wills which do not revoke the Subject to the right of appeal, the allowance of the
be in existence at the time of the execution of the will; previous ones in an express manner, annul only such will, either during the lifetime of the testator or after
dispositions in the prior wills as are inconsistent with his death, shall be conclusive as to its due execution.
(2) The will must clearly describe and identify the or contrary to those contained in the latter wills. (n) (n)
same, stating among other things the number of Art. 832. A revocation made in a subsequent will shall
pages thereof; take effect, even if the new will should become Art. 839. The will shall be disallowed in any of the
inoperative by reason of the incapacity of the heirs, following cases:
(3) It must be identified by clear and satisfactory proof devisees or legatees designated therein, or by their
as the document or paper referred to therein; and renunciation. (740a) (1) If the formalities required by law have not been
complied with;
(4) It must be signed by the testator and the Art. 833. A revocation of a will based on a false cause
witnesses on each and every page, except in case of or an illegal cause is null and void. (n) (2) If the testator was insane, or otherwise mentally
voluminous books of account or inventories. (n) incapable of making a will, at the time of its execution;
Art. 834. The recognition of an illegitimate child does
SUBSECTION 6. - Revocation of Wills and not lose its legal effect, even though the will wherein it (3) If it was executed through force or under duress,
Testamentary Dispositions was made should be revoked. (714) or the influence of fear, or threats;

Art. 828. A will may be revoked by the testator at any SUBSECTION 7. - Republication and Revival of Wills (4) If it was procured by undue and improper pressure
time before his death. Any waiver or restriction of this and influence, on the part of the beneficiary or of
right is void. (737a) Art. 835. The testator cannot republish, without some other person;
reproducing in a subsequent will, the dispositions
Art. 829. A revocation done outside the Philippines, by contained in a previous one which is void as to its (5) If the signature of the testator was procured by
a person who does not have his domicile in this form. (n) fraud;
country, is valid when it is done according to the law
of the place where the will was made, or according to Art. 836. The execution of a codicil referring to a (6) If the testator acted by mistake or did not intend
the law of the place in which the testator had his previous will has the effect of republishing the will as that the instrument he signed should be his will at the
domicile at the time; and if the revocation takes place modified by the codicil. (n) time of affixing his signature thereto. (n)
in this country, when it is in accordance with the
provisions of this Code. (n) Art. 837. If after making a will, the testator makes a SECTION 2. - Institution of Heir
second will expressly revoking the first, the revocation
Art. 830. No will shall be revoked except in the of the second will does not revive the first will, which Art. 840. Institution of heir is an act by virtue of which
following cases: can be revived only by another will or codicil. (739a) a testator designates in his will the person or persons
who are to succeed him in his property and
(1) By implication of law; or SUBSECTION 8. - Allowance and Disallowance of transmissible rights and obligations. (n)
Wills
(2) By some will, codicil, or other writing executed as Art. 841. A will shall be valid even though it should not
provided in case of wills; or Art. 838. No will shall pass either real or personal contain an institution of an heir, or such institution
property unless it is proved and allowed in should not comprise the entire estate, and even
(3) By burning, tearing, cancelling, or obliterating the accordance with the Rules of Court. though the person so instituted should not accept the
will with the intention of revoking it, by the testator inheritance or should be incapacitated to succeed.
himself, or by some other person in his presence, and The testator himself may, during his lifetime, petition
by his express direction. If burned, torn, cancelled, or the court having jurisdiction for the allowance of his In such cases the testamentary dispositions made in
obliterated by some other person, without the express will. In such case, the pertinent provisions of the accordance with law shall be complied with and the
direction of the testator, the will may still be Rules of Court for the allowance of wills after the remainder of the estate shall pass to the legal heirs.
established, and the estate distributed in accordance testator's a death shall govern. (764)
therewith, if its contents, and due execution, and the
Art. 842. One who has no compulsory heirs may of half blood, the inheritance shall be distributed Art. 855. The share of a child or descendant omitted
dispose by will of all his estate or any part of it in favor equally unless a different intention appears. (770a) in a will must first be taken from the part of the estate
of any person having capacity to succeed. not disposed of by the will, if any; if that is not
Art. 849. When the testator calls to the succession a sufficient, so much as may be necessary must be
One who has compulsory heirs may dispose of his person and his children they are all deemed to have taken proportionally from the shares of the other
estate provided he does not contravene the been instituted simultaneously and not successively. compulsory heirs. (1080a)
provisions of this Code with regard to the legitime of (771)
said heirs. (763a) Art. 856. A voluntary heir who dies before the testator
Art. 850. The statement of a false cause for the transmits nothing to his heirs.
Art. 843. The testator shall designate the heir by his institution of an heir shall be considered as not
name and surname, and when there are two persons written, unless it appears from the will that the testator A compulsory heir who dies before the testator, a
having the same names, he shall indicate some would not have made such institution if he had known person incapacitated to succeed, and one who
circumstance by which the instituted heir may be the falsity of such cause. (767a) renounces the inheritance, shall transmit no right to
known. his own heirs except in cases expressly provided for
Art. 851. If the testator has instituted only one heir, in this Code. (766a)
Even though the testator may have omitted the name and the institution is limited to an aliquot part of the
of the heir, should he designate him in such manner inheritance, legal succession takes place with respect SECTION 3. - Substitution of Heirs
that there can be no doubt as to who has been to the remainder of the estate.
instituted, the institution shall be valid. (772) Art. 857. Substitution is the appointment of another
The same rule applies if the testator has instituted heir so that he may enter into the inheritance in
Art. 844. An error in the name, surname, or several heirs, each being limited to an aliquot part, default of the heir originally instituted. (n)
circumstances of the heir shall not vitiate the and all the parts do not cover the whole inheritance.
institution when it is possible, in any other manner, to (n) Art. 858. Substitution of heirs may be:
know with certainty the person instituted.
Art. 852. If it was the intention of the testator that the (1) Simple or common;
If among persons having the same names and instituted heirs should become sole heirs to the whole (2) Brief or compendious;
surnames, there is a similarity of circumstances in estate, or the whole free portion, as the case may be, (3) Reciprocal; or
such a way that, even with the use of the other proof, and each of them has been instituted to an aliquot (4) Fideicommissary. (n)
the person instituted cannot be identified, none of part of the inheritance and their aliquot parts together
them shall be an heir. (773a) do not cover the whole inheritance, or the whole free Art. 859. The testator may designate one or more
portion, each part shall be increased proportionally. persons to substitute the heir or heirs instituted in
Art. 845. Every disposition in favor of an unknown (n) case such heir or heirs should die before him, or
person shall be void, unless by some event or should not wish, or should be incapacitated to accept
circumstance his identity becomes certain. However, Art. 853. If each of the instituted heirs has been given the inheritance.
a disposition in favor of a definite class or group of an aliquot part of the inheritance, and the parts
persons shall be valid. (750a) together exceed the whole inheritance, or the whole A simple substitution, without a statement of the
free portion, as the case may be, each part shall be cases to which it refers, shall comprise the three
Art. 846. Heirs instituted without designation of shares reduced proportionally. (n) mentioned in the preceding paragraph, unless the
shall inherit in equal parts. (765) testator has otherwise provided. (774)
Art. 854. The preterition or omission of one, some, or
Art. 847. When the testator institutes some heirs all of the compulsory heirs in the direct line, whether Art. 860. Two or more persons may be substituted for
individually and others collectively as when he says, "I living at the time of the execution of the will or born one; and one person for two or more heirs. (778)
designate as my heirs A and B, and the children of C," after the death of the testator, shall annul the
those collectively designated shall be considered as institution of heir; but the devises and legacies shall Art. 861. If heirs instituted in unequal shares should
individually instituted, unless it clearly appears that be valid insofar as they are not inofficious. be reciprocally substituted, the substitute shall acquire
the intention of the testator was otherwise. (769a) the share of the heir who dies, renounces, or is
If the omitted compulsory heirs should die before the incapacitated, unless it clearly appears that the
Art. 848. If the testator should institute his brothers testator, the institution shall be effectual, without intention of the testator was otherwise. If there are
and sisters, and he has some of full blood and others prejudice to the right of representation. (814a) more than one substitute, they shall have the same
share in the substitution as in the institution. (779a)
 (4) Those which leave to a person the whole part of Art. 875. Any disposition made upon the condition that
Art. 862. The substitute shall be subject to the same the hereditary property in order that he may apply or the heir shall make some provision in his will in favor
charges and conditions imposed upon the instituted invest the same according to secret instructions of the testator or of any other person shall be void.
heir, unless and testator has expressly provided the communicated to him by the testator. (785a) (794a)
contrary, or the charges or conditions are personally
applicable only to the heir instituted. (780) Art. 868. The nullity of the fideicommissary Art. 876. Any purely potestative condition imposed
substitution does not prejudice the validity of the upon an heir must be fulfilled by him as soon as he
Art. 863. A fideicommissary substitution by virtue of institution of the heirs first designated; the learns of the testator's death.
which the fiduciary or first heir instituted is entrusted fideicommissary clause shall simply be considered as
with the obligation to preserve and to transmit to a not written. (786) This rule shall not apply when the condition, already
second heir the whole or part of the inheritance, shall complied with, cannot be fulfilled again. (795a)
be valid and shall take effect, provided such Art. 869. A provision whereby the testator leaves to a
substitution does not go beyond one degree from the person the whole or part of the inheritance, and to Art. 877. If the condition is casual or mixed, it shall be
heir originally instituted, and provided further, that the another the usufruct, shall be valid. If he gives the sufficient if it happens or be fulfilled at any time before
fiduciary or first heir and the second heir are living at usufruct to various persons, not simultaneously, but or after the death of the testator, unless he has
the time of the death of the testator. (781a) successively, the provisions of Article 863 shall apply. provided otherwise.
(787a)
Art. 864. A fideicommissary substitution can never Should it have existed or should it have been fulfilled
burden the legitime. (782a) Art. 870. The dispositions of the testator declaring all at the time the will was executed and the testator was
or part of the estate inalienable for more than twenty unaware thereof, it shall be deemed as complied with.
Art. 865. Every fideicommissary substitution must be years are void. (n)
expressly made in order that it may be valid. If he had knowledge thereof, the condition shall be
SECTION 4. - Conditional Testamentary Dispositions considered fulfilled only when it is of such a nature
The fiduciary shall be obliged to deliver the and Testamentary Dispositions With a Term that it can no longer exist or be complied with again.
inheritance to the second heir, without other (796)
deductions than those which arise from legitimate Art. 871. The institution of an heir may be made
expenses, credits and improvements, save in the conditionally, or for a certain purpose or cause. (790a) Art. 878. A disposition with a suspensive term does
case where the testator has provided otherwise. (783) not prevent the instituted heir from acquiring his rights
Art. 872. The testator cannot impose any charge, and transmitting them to his heirs even before the
Art. 866. The second heir shall acquire a right to the condition, or substitution whatsoever upon the arrival of the term. (799a)
succession from the time of the testator's death, even legitimes prescribed in this Code. Should he do so,
though he should die before the fiduciary. The right of the same shall be considered as not imposed. (813a) Art. 879. If the potestative condition imposed upon the
the second heir shall pass to his heirs. (784) heir is negative, or consists in not doing or not giving
Art. 873. Impossible conditions and those contrary to something, he shall comply by giving a security that
Art. 867. The following shall not take effect: law or good customs shall be considered as not he will not do or give that which has been prohibited
imposed and shall in no manner prejudice the heir, by the testator, and that in case of contravention he
(1) Fideicommissary substitutions which are not made even if the testator should otherwise provide. (792a) will return whatever he may have received, together
in an express manner, either by giving them this with its fruits and interests. (800a)
name, or imposing upon the fiduciary the absolute Art. 874. An absolute condition not to contract a first
obligation to deliver the property to a second heir; or subsequent marriage shall be considered as not Art. 880. If the heir be instituted under a suspensive
written unless such condition has been imposed on condition or term, the estate shall be placed under
(2) Provisions which contain a perpetual prohibition to the widow or widower by the deceased spouse, or by administration until the condition is fulfilled, or until it
alienate, and even a temporary one, beyond the limit the latter's ascendants or descendants. becomes certain that it cannot be fulfilled, or until the
fixed in article 863; arrival of the term.
Nevertheless, the right of usufruct, or an allowance or
(3) Those which impose upon the heir the charge of some personal prestation may be devised or The same shall be done if the heir does not give the
paying to various persons successively, beyond the bequeathed to any person for the time during which security required in the preceding article. (801a)
limit prescribed in article 863, a certain income or he or she should remain unmarried or in widowhood.
pension; (793a) Art. 881. The appointment of the administrator of the
estate mentioned in the preceding article, as well as
the manner of the administration and the rights and If the testator leaves neither father nor mother, but is
obligations of the administrator shall be governed by Art. 887. The following are compulsory heirs: survived by ascendants of equal degree of the
the Rules of Court. (804a) paternal and maternal lines, the legitime shall be
(1) Legitimate children and descendants, with respect divided equally between both lines. If the ascendants
Art. 882. The statement of the object of the institution, to their legitimate parents and ascendants; should be of different degrees, it shall pertain entirely
or the application of the property left by the testator, or to the ones nearest in degree of either line. (810)
the charge imposed by him, shall not be considered (2) In default of the foregoing, legitimate parents and
as a condition unless it appears that such was his ascendants, with respect to their legitimate children Art. 891. The ascendant who inherits from his
intention. and descendants; descendant any property which the latter may have
acquired by gratuitous title from another ascendant, or
That which has been left in this manner may be (3) The widow or widower; a brother or sister, is obliged to reserve such property
claimed at once provided that the instituted heir or his as he may have acquired by operation of law for the
heirs give security for compliance with the wishes of (4) Acknowledged natural children, and natural benefit of relatives who are within the third degree
the testator and for the return of anything he or they children by legal fiction; and who belong to the line from which said property
may receive, together with its fruits and interests, if he came. (871)
or they should disregard this obligation. (797a) (5) Other illegitimate children referred to in Article 287.
Art. 892. If only one legitimate child or descendant of
Art. 883. When without the fault of the heir, an Compulsory heirs mentioned in Nos. 3, 4, and 5 are the deceased survives, the widow or widower shall be
institution referred to in the preceding article cannot not excluded by those in Nos. 1 and 2; neither do they entitled to one-fourth of the hereditary estate. In case
take effect in the exact manner stated by the testator, exclude one another. of a legal separation, the surviving spouse may inherit
it shall be complied with in a manner most analogous In all cases of illegitimate children, their filiation must if it was the deceased who had given cause for the
to and in conformity with his wishes. be duly proved. same.

If the person interested in the condition should The father or mother of illegitimate children of the If there are two or more legitimate children or
prevent its fulfillment, without the fault of the heir, the three classes mentioned, shall inherit from them in the descendants, the surviving spouse shall be entitled to
condition shall be deemed to have been complied manner and to the extent established by this Code. a portion equal to the legitime of each of the
with. (798a) (807a) legitimate children or descendants.

Art. 884. Conditions imposed by the testator upon the Art. 888. The legitime of legitimate children and In both cases, the legitime of the surviving spouse
heirs shall be governed by the rules established for descendants consists of one-half of the hereditary shall be taken from the portion that can be freely
conditional obligations in all matters not provided for estate of the father and of the mother. disposed of by the testator. (834a)
by this Section. (791a)
The latter may freely dispose of the remaining half, Art. 893. If the testator leaves no legitimate
Art. 885. The designation of the day or time when the subject to the rights of illegitimate children and of the descendants, but leaves legitimate ascendants, the
effects of the institution of an heir shall commence or surviving spouse as hereinafter provided. (808a) surviving spouse shall have a right to one-fourth of
cease shall be valid. the hereditary estate.
Art. 889. The legitime of legitimate parents or
In both cases, the legal heir shall be considered as ascendants consists of one-half of the hereditary This fourth shall be taken from the free portion of the
called to the succession until the arrival of the period estates of their children and descendants. estate. (836a)
or its expiration. But in the first case he shall not enter
into possession of the property until after having given The children or descendants may freely dispose of Art. 894. If the testator leaves illegitimate children, the
sufficient security, with the intervention of the the other half, subject to the rights of illegitimate surviving spouse shall be entitled to one-third of the
instituted heir. (805) children and of the surviving spouse as hereinafter hereditary estate of the deceased and the illegitimate
provided. (809a) children to another third. The remaining third shall be
SECTION 5. - Legitime at the free disposal of the testator. (n)
Art. 890. The legitime reserved for the legitimate
Art. 886. Legitime is that part of the testator's property parents shall be divided between them equally; if one Art. 895. The legitime of each of the acknowledged
which he cannot dispose of because the law has of the parents should have died, the whole shall pass natural children and each of the natural children by
reserved it for certain heirs who are, therefore, called to the survivor. legal fiction shall consist of one-half of the legitime of
compulsory heirs. (806) each of the legitimate children or descendants.
 If the marriage between the surviving spouse and the
The legitime of an illegitimate child who is neither an testator was solemnized in articulo mortis, and the Art. 906. Any compulsory heir to whom the testator
acknowledged natural, nor a natural child by legal testator died within three months from the time of the has left by any title less than the legitime belonging to
fiction, shall be equal in every case to four-fifths of the marriage, the legitime of the surviving spouse as the him may demand that the same be fully satisfied.
legitime of an acknowledged natural child. sole heir shall be one-third of the hereditary estate, (815)
except when they have been living as husband and
The legitime of the illegitimate children shall be taken wife for more than five years. In the latter case, the Art. 907. Testamentary dispositions that impair or
from the portion of the estate at the free disposal of legitime of the surviving spouse shall be that specified diminish the legitime of the compulsory heirs shall be
the testator, provided that in no case shall the total in the preceding paragraph. (n) reduced on petition of the same, insofar as they may
legitime of such illegitimate children exceed that free be inofficious or excessive. (817)
portion, and that the legitime of the surviving spouse Art. 901. When the testator dies leaving illegitimate
must first be fully satisfied. (840a) children and no other compulsory heirs, such Art. 908. To determine the legitime, the value of the
illegitimate children shall have a right to one-half of property left at the death of the testator shall be
Art. 896. Illegitimate children who may survive with the hereditary estate of the deceased. considered, deducting all debts and charges, which
legitimate parents or ascendants of the deceased shall not include those imposed in the will.
shall be entitled to one-fourth of the hereditary estate The other half shall be at the free disposal of the
to be taken from the portion at the free disposal of the testator. (842a) To the net value of the hereditary estate, shall be
testator. (841a) added the value of all donations by the testator that
Art. 902. The rights of illegitimate children set forth in are subject to collation, at the time he made them.
Art. 897. When the widow or widower survives with the preceding articles are transmitted upon their death (818a)
legitimate children or descendants, and to their descendants, whether legitimate or
acknowledged natural children, or natural children by illegitimate. (843a) Art. 909. Donations given to children shall be charged
legal fiction, such surviving spouse shall be entitled to to their legitime.
a portion equal to the legitime of each of the Art. 903. The legitime of the parents who have an
legitimate children which must be taken from that part illegitimate child, when such child leaves neither Donations made to strangers shall be charged to that
of the estate which the testator can freely dispose of. legitimate descendants, nor a surviving spouse, nor part of the estate of which the testator could have
(n) illegitimate children, is one-half of the hereditary disposed by his last will.
estate of such illegitimate child. If only legitimate or
Art. 898. If the widow or widower survives with illegitimate children are left, the parents are not Insofar as they may be inofficious or may exceed the
legitimate children or descendants, and with entitled to any legitime whatsoever. If only the widow disposable portion, they shall be reduced according to
illegitimate children other than acknowledged natural, or widower survives with parents of the illegitimate the rules established by this Code. (819a)
or natural children by legal fiction, the share of the child, the legitime of the parents is one-fourth of the
surviving spouse shall be the same as that provided hereditary estate of the child, and that of the surviving Art. 910. Donations which an illegitimate child may
in the preceding article. (n) spouse also one-fourth of the estate. (n) have received during the lifetime of his father or
mother, shall be charged to his legitime.
Art. 899. When the widow or widower survives with Art. 904. The testator cannot deprive his compulsory
legitimate parents or ascendants and with illegitimate heirs of their legitime, except in cases expressly Should they exceed the portion that can be freely
children, such surviving spouse shall be entitled to specified by law. disposed of, they shall be reduced in the manner
one-eighth of the hereditary estate of the deceased prescribed by this Code. (847a)
which must be taken from the free portion, and the Neither can he impose upon the same any burden,
illegitimate children shall be entitled to one-fourth of encumbrance, condition, or substitution of any kind Art. 911. After the legitime has been determined in
the estate which shall be taken also from the whatsoever. (813a) accordance with the three preceding articles, the
disposable portion. The testator may freely dispose of reduction shall be made as follows:
the remaining one-eighth of the estate. (n) Art. 905. Every renunciation or compromise as
regards a future legitime between the person owing it (1) Donations shall be respected as long as the
Art. 900. If the only survivor is the widow or widower, and his compulsory heirs is void, and the latter may legitime can be covered, reducing or annulling, if
she or he shall be entitled to one-half of the hereditary claim the same upon the death of the former; but they necessary, the devises or legacies made in the will;
estate of the deceased spouse, and the testator may must bring to collation whatever they may have
freely dispose of the other half. (837a) received by virtue of the renunciation or compromise. (2) The reduction of the devises or legacies shall be
(816) pro rata, without any distinction whatever.
 Art. 918. Disinheritance without a specification of the
If the testator has directed that a certain devise or cause, or for a cause the truth of which, if (2) When the parent or ascendant has been convicted
legacy be paid in preference to others, it shall not contradicted, is not proved, or which is not one of of an attempt against the life of the testator, his or her
suffer any reduction until the latter have been applied those set forth in this Code, shall annul the institution spouse, descendants, or ascendants;
in full to the payment of the legitime. of heirs insofar as it may prejudice the person
disinherited; but the devises and legacies and other (3) When the parent or ascendant has accused the
(3) If the devise or legacy consists of a usufruct or life testamentary dispositions shall be valid to such extent testator of a crime for which the law prescribes
annuity, whose value may be considered greater than as will not impair the legitime. (851a) imprisonment for six years or more, if the accusation
that of the disposable portion, the compulsory heirs has been found to be false;
may choose between complying with the Art. 919. The following shall be sufficient causes for
testamentary provision and delivering to the devisee the disinheritance of children and descendants, (4) When the parent or ascendant has been convicted
or legatee the part of the inheritance of which the legitimate as well as illegitimate: of adultery or concubinage with the spouse of the
testator could freely dispose. (820a) testator;
(1) When a child or descendant has been found guilty
Art. 912. If the devise subject to reduction should of an attempt against the life of the testator, his or her (5) When the parent or ascendant by fraud, violence,
consist of real property, which cannot be conveniently spouse, descendants, or ascendants; intimidation, or undue influence causes the testator to
divided, it shall go to the devisee if the reduction does make a will or to change one already made;
not absorb one-half of its value; and in a contrary (2) When a child or descendant has accused the
case, to the compulsory heirs; but the former and the testator of a crime for which the law prescribes (6) The loss of parental authority for causes specified
latter shall reimburse each other in cash for what imprisonment for six years or more, if the accusation in this Code;
respectively belongs to them. has been found groundless;
The devisee who is entitled to a legitime may retain (7) The refusal to support the children or descendants
the entire property, provided its value does not (3) When a child or descendant has been convicted of without justifiable cause;
exceed that of the disposable portion and of the share adultery or concubinage with the spouse of the
pertaining to him as legitime. (821) testator; (8) An attempt by one of the parents against the life of
the other, unless there has been a reconciliation
Art. 913. If the heirs or devisees do not choose to (4) When a child or descendant by fraud, violence, between them. (756, 854, 674a)
avail themselves of the right granted by the preceding intimidation, or undue influence causes the testator to
article, any heir or devisee who did not have such make a will or to change one already made; Art. 921. The following shall be sufficient causes for
right may exercise it; should the latter not make use of disinheriting a spouse:
it, the property shall be sold at public auction at the (5) A refusal without justifiable cause to support the
instance of any one of the interested parties. (822) parent or ascendant who disinherits such child or (1) When the spouse has been convicted of an
descendant; attempt against the life of the testator, his or her
Art. 914. The testator may devise and bequeath the descendants, or ascendants;
free portion as he may deem fit. (n) (6) Maltreatment of the testator by word or deed, by
the child or descendant; (2) When the spouse has accused the testator of a
SECTION 6. - Disinheritance crime for which the law prescribes imprisonment of six
(7) When a child or descendant leads a dishonorable years or more, and the accusation has been found to
Art. 915. A compulsory heir may, in consequence of or disgraceful life; be false;
disinheritance, be deprived of his legitime, for causes
expressly stated by law. (848a) (8) Conviction of a crime which carries with it the (3) When the spouse by fraud, violence, intimidation,
penalty of civil interdiction. (756, 853, 674a) or undue influence cause the testator to make a will or
Art. 916. Disinheritance can be effected only through to change one already made;
a will wherein the legal cause therefor shall be Art. 920. The following shall be sufficient causes for
specified. (849) the disinheritance of parents or ascendants, whether (4) When the spouse has given cause for legal
legitimate or illegitimate: separation;
Art. 917. The burden of proving the truth of the cause
for disinheritance shall rest upon the other heirs of the (1) When the parents have abandoned their children (5) When the spouse has given grounds for the loss
testator, if the disinherited heir should deny it. (850) or induced their daughters to live a corrupt or immoral of parental authority;
life, or attempted against their virtue;
(6) Unjustifiable refusal to support the children or the legacy or devise shall be understood limited to such The same rule applies when the thing is pledged or
other spouse. (756, 855, 674a) part or interest, unless the testator expressly declares mortgaged after the execution of the will.
that he gives the thing in its entirety. (864a)
Art. 922. A subsequent reconciliation between the Any other charge, perpetual or temporary, with which
offender and the offended person deprives the latter Art. 930. The legacy or devise of a thing belonging to the thing bequeathed is burdened, passes with it to
of the right to disinherit, and renders ineffectual any another person is void, if the testator erroneously the legatee or devisee. (867a)
disinheritance that may have been made. (856) believed that the thing pertained to him. But if the
thing bequeathed, though not belonging to the Art. 935. The legacy of a credit against a third person
Art. 923. The children and descendants of the person testator when he made the will, afterwards becomes or of the remission or release of a debt of the legatee
disinherited shall take his or her place and shall his, by whatever title, the disposition shall take effect. shall be effective only as regards that part of the
preserve the rights of compulsory heirs with respect to (862a) credit or debt existing at the time of the death of the
the legitime; but the disinherited parent shall not have testator.
the usufruct or administration of the property which Art. 931. If the testator orders that a thing belonging to
constitutes the legitime. (857) another be acquired in order that it be given to a In the first case, the estate shall comply with the
legatee or devisee, the heir upon whom the obligation legacy by assigning to the legatee all rights of action it
SECTION 7. - Legacies and Devises is imposed or the estate must acquire it and give the may have against the debtor. In the second case, by
same to the legatee or devisee; but if the owner of the giving the legatee an acquittance, should he request
Art. 924. All things and rights which are within the thing refuses to alienate the same, or demands an one.
commerce of man be bequeathed or devised. (865a) excessive price therefor, the heir or the estate shall
only be obliged to give the just value of the thing. In both cases, the legacy shall comprise all interests
Art. 925. A testator may charge with legacies and (861a) on the credit or debt which may be due the testator at
devises not only his compulsory heirs but also the the time of his death. (870a)
legatees and devisees. Art. 932. The legacy or devise of a thing which at the
time of the execution of the will already belonged to Art. 936. The legacy referred to in the preceding
The latter shall be liable for the charge only to the the legatee or devisee shall be ineffective, even article shall lapse if the testator, after having made it,
extent of the value of the legacy or the devise though another person may have some interest should bring an action against the debtor for the
received by them. The compulsory heirs shall not be therein. payment of his debt, even if such payment should not
liable for the charge beyond the amount of the free have been effected at the time of his death.
portion given them. (858a) If the testator expressly orders that the thing be freed
from such interest or encumbrance, the legacy or The legacy to the debtor of the thing pledged by him
Art. 926. When the testator charges one of the heirs devise shall be valid to that extent. (866a) is understood to discharge only the right of pledge.
with a legacy or devise, he alone shall be bound. (871)
Art. 933. If the thing bequeathed belonged to the
Should he not charge anyone in particular, all shall be legatee or devisee at the time of the execution of the Art. 937. A generic legacy of release or remission of
liable in the same proportion in which they may will, the legacy or devise shall be without effect, even debts comprises those existing at the time of the
inherit. (859) though it may have subsequently alienated by him. execution of the will, but not subsequent ones. (872)

Art. 927. If two or more heirs take possession of the If the legatee or devisee acquires it gratuitously after Art. 938. A legacy or devise made to a creditor shall
estate, they shall be solidarily liable for the loss or such time, he can claim nothing by virtue of the not be applied to his credit, unless the testator so
destruction of a thing devised or bequeathed, even legacy or devise; but if it has been acquired by expressly declares.
though only one of them should have been negligent. onerous title he can demand reimbursement from the
(n) heir or the estate. (878a) In the latter case, the creditor shall have the right to
collect the excess, if any, of the credit or of the legacy
Art. 928. The heir who is bound to deliver the legacy Art. 934. If the testator should bequeath or devise or devise. (837a)
or devise shall be liable in case of eviction, if the thing something pledged or mortgaged to secure a
is indeterminate and is indicated only by its kind. recoverable debt before the execution of the will, the Art. 939. If the testator orders the payment of what he
(860) estate is obliged to pay the debt, unless the contrary believes he owes but does not in fact owe, the
intention appears. disposition shall be considered as not written. If as
Art. 929. If the testator, heir, or legatee owns only a regards a specified debt more than the amount
part of, or an interest in the thing bequeathed, the
thereof is ordered paid, the excess is not due, unless or general course, provided he pursues his course Art. 949. If the bequest should not be of a specific and
a contrary intention appears. diligently. determinate thing, but is generic or of quantity, its
fruits and interests from the time of the death of the
The foregoing provisions are without prejudice to the A legacy for support lasts during the lifetime of the testator shall pertain to the legatee or devisee if the
fulfillment of natural obligations. (n) legatee, if the testator has not otherwise provided. testator has expressly so ordered. (884a)

Art. 940. In alternative legacies or devises, the choice If the testator has not fixed the amount of such Art. 950. If the estate should not be sufficient to cover
is presumed to be left to the heir upon whom the legacies, it shall be fixed in accordance with the social all the legacies or devises, their payment shall be
obligation to give the legacy or devise may be standing and the circumstances of the legatee and made in the following order:
imposed, or the executor or administrator of the the value of the estate.
estate if no particular heir is so obliged. (1) Remuneratory legacies or devises;
If the testator or during his lifetime used to give the
If the heir, legatee or devisee, who may have been legatee a certain sum of money or other things by (2) Legacies or devises declared by the testator to be
given the choice, dies before making it, this right shall way of support, the same amount shall be deemed preferential;
pass to the respective heirs. bequeathed, unless it be markedly disproportionate to
the value of the estate. (879a) (3) Legacies for support;
Once made, the choice is irrevocable.
Art. 945. If a periodical pension, or a certain annual, (4) Legacies for education;
In the alternative legacies or devises, except as monthly, or weekly amount is bequeathed, the legatee
herein provided, the provisions of this Code regulating may petition the court for the first installment upon the (5) Legacies or devises of a specific, determinate
obligations of the same kind shall be observed, save death of the testator, and for the following ones which thing which forms a part of the estate;
such modifications as may appear from the intention shall be due at the beginning of each period; such
expressed by the testator. (874a) payment shall not be returned, even though the (6) All others pro rata. (887a)
legatee should die before the expiration of the period
Art. 941. A legacy of generic personal property shall which has commenced. (880a) Art. 951. The thing bequeathed shall be delivered with
be valid even if there be no things of the same kind in all its accessories and accessories and in the
the estate. Art. 946. If the thing bequeathed should be subject to condition in which it may be upon the death of the
a usufruct, the legatee or devisee shall respect such testator. (883a)
A devise of indeterminate real property shall be valid right until it is legally extinguished. (868a)
only if there be immovable property of its kind in the Art. 952. The heir, charged with a legacy or devise, or
estate. Art. 947. The legatee or devisee acquires a right to the executor or administrator of the estate, must
the pure and simple legacies or devises from the deliver the very thing bequeathed if he is able to do so
The right of choice shall belong to the executor or death of the testator, and transmits it to his heirs. and cannot discharge this obligation by paying its
administrator who shall comply with the legacy by the (881a) value.
delivery of a thing which is neither of inferior nor of
superior quality. (875a) Art. 948. If the legacy or device is of a specific and Legacies of money must be paid in cash, even though
determinate thing pertaining to the testator, the the heir or the estate may not have any.
Art. 942. Whenever the testator expressly leaves the legatee or devisee acquires the ownership thereof
right of choice to the heir, or to the legatee or devisee, upon the death of the testator, as well as any growing The expenses necessary for the delivery of the thing
the former may give or the latter may choose fruits, or unborn offspring of animals, or uncollected bequeathed shall be for the account of the heir or the
whichever he may prefer. (876a) income; but not the income which was due and estate, but without prejudice to the legitime. (886a)
unpaid before the latter's death.
Art. 943. If the heir, legatee or devisee cannot make Art. 953. The legatee or devisee cannot take
the choice, in case it has been granted him, his right From the moment of the testator's death, the thing possession of the thing bequeathed upon his own
shall pass to his heirs; but a choice once made shall bequeathed shall be at the risk of the legatee or authority, but shall request its delivery and possession
be irrevocable. (877a) devisee, who shall, therefore, bear its loss or of the heir charged with the legacy or devise, or of the
deterioration, and shall be benefited by its increase or executor or administrator of the estate should he be
Art. 944. A legacy for education lasts until the legatee improvement, without prejudice to the responsibility of authorized by the court to deliver it. (885a)
is of age, or beyond the age of majority in order that the executor or administrator. (882a)
the legatee may finish some professional, vocational
Art. 954. The legatee or devisee cannot accept a part (3) If the thing bequeathed is totally lost during the Art. 962. In every inheritance, the relative nearest in
of the legacy or devise and repudiate the other, if the lifetime of the testator, or after his death without the degree excludes the more distant ones, saving the
latter be onerous. heir's fault. Nevertheless, the person obliged to pay right of representation when it properly takes place.
the legacy or devise shall be liable for eviction if the
Should he die before having accepted the legacy or thing bequeathed should not have been determinate Relatives in the same degree shall inherit in equal
devise, leaving several heirs, some of the latter may as to its kind, in accordance with the provisions of shares, subject to the provisions of article 1006 with
accept and the others may repudiate the share Article 928. (869a) respect to relatives of the full and half blood, and of
respectively belonging to them in the legacy or Article 987, paragraph 2, concerning division between
devise. (889a) Art. 958. A mistake as to the name of the thing the paternal and maternal lines. (912a)
bequeathed or devised, is of no consequence, if it is
Art. 955. The legatee or devisee of two legacies or possible to identify the thing which the testator SUBSECTION 1. - Relationship
devises, one of which is onerous, cannot renounce intended to bequeath or devise. (n)
the onerous one and accept the other. If both are Art. 963. Proximity of relationship is determined by the
onerous or gratuitous, he shall be free to accept or Art. 959. A disposition made in general terms in favor number of generations. Each generation forms a
renounce both, or to renounce either. But if the of the testator's relatives shall be understood to be in degree. (915)
testator intended that the two legacies or devises favor of those nearest in degree. (751)
should be inseparable from each other, the legatee or Art. 964. A series of degrees forms a line, which may
devisee must either accept or renounce both. CHAPTER 3 be either direct or collateral.
LEGAL OR INTESTATE SUCCESSION
Any compulsory heir who is at the same time a A direct line is that constituted by the series of
legatee or devisee may waive the inheritance and SECTION 1. - General Provisions degrees among ascendants and descendants.
accept the legacy or devise, or renounce the latter
and accept the former, or waive or accept both. Art. 960. Legal or intestate succession takes place: A collateral line is that constituted by the series of
(890a) degrees among persons who are not ascendants and
(1) If a person dies without a will, or with a void will, or descendants, but who come from a common
Art. 956. If the legatee or devisee cannot or is one which has subsequently lost its validity; ancestor. (916a)
unwilling to accept the legacy or devise, or if the
legacy or devise for any reason should become (2) When the will does not institute an heir to, or Art. 965. The direct line is either descending or
ineffective, it shall be merged into the mass of the dispose of all the property belonging to the testator. In ascending.
estate, except in cases of substitution and of the right such case, legal succession shall take place only with
of accretion. (888a) respect to the property of which the testator has not The former unites the head of the family with those
disposed; who descend from him.
Art. 957. The legacy or devise shall be without effect:
(3) If the suspensive condition attached to the The latter binds a person with those from whom he
(1) If the testator transforms the thing bequeathed in institution of heir does not happen or is not fulfilled, or descends. (917)
such a manner that it does not retain either the form if the heir dies before the testator, or repudiates the
or the denomination it had; inheritance, there being no substitution, and no right Art. 966. In the line, as many degrees are counted as
of accretion takes place; there are generations or persons, excluding the
(2) If the testator by any title or for any cause progenitor.
alienates the thing bequeathed or any part thereof, it (4) When the heir instituted is incapable of
being understood that in the latter case the legacy or succeeding, except in cases provided in this Code. In the direct line, ascent is made to the common
devise shall be without effect only with respect to the (912a) ancestor. Thus, the child is one degree removed from
part thus alienated. If after the alienation the thing the parent, two from the grandfather, and three from
should again belong to the testator, even if it be by Art. 961. In default of testamentary heirs, the law the great-grandparent.
reason of nullity of the contract, the legacy or devise vests the inheritance, in accordance with the rules
shall not thereafter be valid, unless the reacquisition hereinafter set forth, in the legitimate and illegitimate In the collateral line, ascent is made to the common
shall have been effected by virtue of the exercise of relatives of the deceased, in the surviving spouse, ancestor and then descent is made to the person with
the right of repurchase; and in the State. (913a) whom the computation is to be made. Thus, a person
is two degrees removed from his brother, three from
his uncle, who is the brother of his father, four from
his first cousin, and so forth. (918a) Art. 974. Whenever there is succession by Art. 983. If illegitimate children survive with legitimate
representation, the division of the estate shall be children, the shares of the former shall be in the
Art. 967. Full blood relationship is that existing made per stirpes, in such manner that the proportions prescribed by Article 895. (n)
between persons who have the same father and the representative or representatives shall not inherit
same mother. more than what the person they represent would Art. 984. In case of the death of an adopted child,
inherit, if he were living or could inherit. (926a) leaving no children or descendants, his parents and
Half blood relationship is that existing between relatives by consanguinity and not by adoption, shall
persons who have the same father, but not the same Art. 975. When children of one or more brothers or be his legal heirs. (n)
mother, or the same mother, but not the same father. sisters of the deceased survive, they shall inherit from
(920a) the latter by representation, if they survive with their SUBSECTION 2. - Ascending Direct Line
uncles or aunts. But if they alone survive, they shall
Art. 968. If there are several relatives of the same inherit in equal portions. (927) Art. 985. In default of legitimate children and
degree, and one or some of them are unwilling or descendants of the deceased, his parents and
incapacitated to succeed, his portion shall accrue to Art. 976. A person may represent him whose ascendants shall inherit from him, to the exclusion of
the others of the same degree, save the right of inheritance he has renounced. (928a) collateral relatives. (935a)
representation when it should take place. (922)
Art. 977. Heirs who repudiate their share may not be Art. 986. The father and mother, if living, shall inherit
Art. 969. If the inheritance should be repudiated by represented. (929a) in equal shares.
the nearest relative, should there be one only, or by
all the nearest relatives called by law to succeed, SECTION 2. - Order of Intestate Succession Should one only of them survive, he or she shall
should there be several, those of the following degree succeed to the entire estate of the child. (936)
shall inherit in their own right and cannot represent SUBSECTION 1. - Descending Direct Line
the person or persons repudiating the inheritance. Art. 987. In default of the father and mother, the
(923) Art. 978. Succession pertains, in the first place, to the ascendants nearest in degree shall inherit.
descending direct line. (930)
SUBSECTION 2. - Right of Representation Should there be more than one of equal degree
Art. 979. Legitimate children and their descendants belonging to the same line they shall divide the
Art. 970. Representation is a right created by fiction of succeed the parents and other ascendants, without inheritance per capita; should they be of different lines
law, by virtue of which the representative is raised to distinction as to sex or age, and even if they should but of equal degree, one-half shall go to the paternal
the place and the degree of the person represented, come from different marriages. and the other half to the maternal ascendants. In each
and acquires the rights which the latter would have if line the division shall be made per capita. (937)
he were living or if he could have inherited. (942a) An adopted child succeeds to the property of the
adopting parents in the same manner as a legitimate SUBSECTION 3. - Illegitimate Children
Art. 971. The representative is called to the child. (931a)
succession by the law and not by the person Art. 988. In the absence of legitimate descendants or
represented. The representative does not succeed Art. 980. The children of the deceased shall always ascendants, the illegitimate children shall succeed to
the person represented but the one whom the person inherit from him in their own right, dividing the the entire estate of the deceased. (939a)
represented would have succeeded. (n) inheritance in equal shares. (932)
Art. 989. If, together with illegitimate children, there
Art. 972. The right of representation takes place in the Art. 981. Should children of the deceased and should survive descendants of another illegitimate
direct descending line, but never in the ascending. descendants of other children who are dead, survive, child who is dead, the former shall succeed in their
the former shall inherit in their own right, and the latter own right and the latter by right of representation.
In the collateral line, it takes place only in favor of the by right of representation. (934a) (940a)
children of brothers or sisters, whether they be of the
full or half blood. (925) Art. 982. The grandchildren and other descendants Art. 990. The hereditary rights granted by the two
shall inherit by right of representation, and if any one preceding articles to illegitimate children shall be
Art. 973. In order that representation may take place, of them should have died, leaving several heirs, the transmitted upon their death to their descendants,
it is necessary that the representative himself be portion pertaining to him shall be divided among the who shall inherit by right of representation from their
capable of succeeding the decedent. (n) latter in equal portions. (933) deceased grandparent. (941a)
 the full blood, the former shall inherit per capita, and
Art. 991. If legitimate ascendants are left, the Art. 998. If a widow or widower survives with the latter per stirpes. (948)
illegitimate children shall divide the inheritance with illegitimate children, such widow or widower shall be
them, taking one-half of the estate, whatever be the entitled to one-half of the inheritance, and the Art. 1006. Should brother and sisters of the full blood
number of the ascendants or of the illegitimate illegitimate children or their descendants, whether survive together with brothers and sisters of the half
children. (942-841a) legitimate or illegitimate, to the other half. (n) blood, the former shall be entitled to a share double
that of the latter. (949)
Art. 992. An illegitimate child has no right to inherit ab Art. 999. When the widow or widower survives with
intestato from the legitimate children and relatives of legitimate children or their descendants and Art. 1007. In case brothers and sisters of the half
his father or mother; nor shall such children or illegitimate children or their descendants, whether blood, some on the father's and some on the mother's
relatives inherit in the same manner from the legitimate or illegitimate, such widow or widower shall side, are the only survivors, all shall inherit in equal
illegitimate child. (943a) be entitled to the same share as that of a legitimate shares without distinction as to the origin of the
child. (n) property. (950)
Art. 993. If an illegitimate child should die without
issue, either legitimate or illegitimate, his father or Art. 1000. If legitimate ascendants, the surviving Art. 1008. Children of brothers and sisters of the half
mother shall succeed to his entire estate; and if the spouse, and illegitimate children are left, the blood shall succeed per capita or per stirpes, in
child's filiation is duly proved as to both parents, who ascendants shall be entitled to one-half of the accordance with the rules laid down for the brothers
are both living, they shall inherit from him share and inheritance, and the other half shall be divided and sisters of the full blood. (915)
share alike. (944) between the surviving spouse and the illegitimate
children so that such widow or widower shall have Art. 1009. Should there be neither brothers nor sisters
Art. 994. In default of the father or mother, an one-fourth of the estate, and the illegitimate children nor children of brothers or sisters, the other collateral
illegitimate child shall be succeeded by his or her the other fourth. (841a) relatives shall succeed to the estate.
surviving spouse who shall be entitled to the entire
estate. Art. 1001. Should brothers and sisters or their children The latter shall succeed without distinction of lines or
survive with the widow or widower, the latter shall be preference among them by reason of relationship by
If the widow or widower should survive with brothers entitled to one-half of the inheritance and the brothers the whole blood. (954a)
and sisters, nephews and nieces, she or he shall and sisters or their children to the other half. (953,
inherit one-half of the estate, and the latter the other 837a) Art. 1010. The right to inherit ab intestato shall not
half. (945a) extend beyond the fifth degree of relationship in the
Art. 1002. In case of a legal separation, if the collateral line. (955a)
SUBSECTION 4. - Surviving Spouse surviving spouse gave cause for the separation, he or
she shall not have any of the rights granted in the SUBSECTION 6. - The State
Art. 995. In the absence of legitimate descendants preceding articles. (n)
and ascendants, and illegitimate children and their Art. 1011. In default of persons entitled to succeed in
descendants, whether legitimate or illegitimate, the SUBSECTION 5. - Collateral Relatives accordance with the provisions of the preceding
surviving spouse shall inherit the entire estate, without Sections, the State shall inherit the whole estate.
prejudice to the rights of brothers and sisters, Art. 1003. If there are no descendants, ascendants, (956a)
nephews and nieces, should there be any, under illegitimate children, or a surviving spouse, the
article 1001. (946a) collateral relatives shall succeed to the entire estate Art. 1012. In order that the State may take possession
of the deceased in accordance with the following of the property mentioned in the preceding article, the
Art. 996. If a widow or widower and legitimate children articles. (946a) pertinent provisions of the Rules of Court must be
or descendants are left, the surviving spouse has in observed. (958a)
the succession the same share as that of each of the Art. 1004. Should the only survivors be brothers and
children. (834a) sisters of the full blood, they shall inherit in equal Art. 1013. After the payment of debts and charges,
shares. (947) the personal property shall be assigned to the
Art. 997. When the widow or widower survives with municipality or city where the deceased last resided in
legitimate parents or ascendants, the surviving Art. 1005. Should brothers and sisters survive the Philippines, and the real estate to the
spouse shall be entitled to one-half of the estate, and together with nephews and nieces, who are the municipalities or cities, respectively, in which the
the legitimate parents or ascendants to the other half. children of the descendant's brothers and sisters of same is situated.
(836a)
If the deceased never resided in the Philippines, the aliquot part, do not identify it by such description as
whole estate shall be assigned to the respective shall make each heir the exclusive owner of Art. 1025. In order to be capacitated to inherit, the
municipalities or cities where the same is located. determinate property, shall not exclude the right of heir, devisee or legatee must be living at the moment
accretion. the succession opens, except in case of
Such estate shall be for the benefit of public schools, representation, when it is proper.
and public charitable institutions and centers, in such In case of money or fungible goods, if the share of
municipalities or cities. The court shall distribute the each heir is not earmarked, there shall be a right of A child already conceived at the time of the death of
estate as the respective needs of each beneficiary accretion. (983a) the decedent is capable of succeeding provided it be
may warrant. born later under the conditions prescribed in article
Art. 1018. In legal succession the share of the person 41. (n)
The court, at the instance of an interested party, or on who repudiates the inheritance shall always accrue to
its own motion, may order the establishment of a his co-heirs. (981) Art. 1026. A testamentary disposition may be made to
permanent trust, so that only the income from the the State, provinces, municipal corporations, private
property shall be used. (956a) Art. 1019. The heirs to whom the portion goes by the corporations, organizations, or associations for
right of accretion take it in the same proportion that religious, scientific, cultural, educational, or charitable
Art. 1014. If a person legally entitled to the estate of they inherit. (n) purposes.
the deceased appears and files a claim thereto with
the court within five years from the date the property Art. 1020. The heirs to whom the inheritance accrues All other corporations or entities may succeed under a
was delivered to the State, such person shall be shall succeed to all the rights and obligations which will, unless there is a provision to the contrary in their
entitled to the possession of the same, or if sold the the heir who renounced or could not receive it would charter or the laws of their creation, and always
municipality or city shall be accountable to him for have had. (984) subject to the same. (746a)
such part of the proceeds as may not have been
lawfully spent. (n) Art. 1021. Among the compulsory heirs the right of Art. 1027. The following are incapable of succeeding:
accretion shall take place only when the free portion
CHAPTER 4 is left to two or more of them, or to any one of them (1) The priest who heard the confession of the
PROVISIONS COMMON TO TESTATE AND and to a stranger. testator during his last illness, or the minister of the
INTESTATE SUCCESSIONS gospel who extended spiritual aid to him during the
Should the part repudiated be the legitime, the other same period;
SECTION 1. - Right of Accretion co-heirs shall succeed to it in their own right, and not
by the right of accretion. (985) (2) The relatives of such priest or minister of the
Art. 1015. Accretion is a right by virtue of which, when gospel within the fourth degree, the church, order,
two or more persons are called to the same Art. 1022. In testamentary succession, when the right chapter, community, organization, or institution to
inheritance, devise or legacy, the part assigned to the of accretion does not take place, the vacant portion of which such priest or minister may belong;
one who renounces or cannot receive his share, or the instituted heirs, if no substitute has been
who died before the testator, is added or incorporated designated, shall pass to the legal heirs of the (3) A guardian with respect to testamentary
to that of his co-heirs, co-devisees, or co-legatees. (n) testator, who shall receive it with the same charges dispositions given by a ward in his favor before the
Art. 1016. In order that the right of accretion may take and obligations. (986) final accounts of the guardianship have been
place in a testamentary succession, it shall be approved, even if the testator should die after the
necessary: Art. 1023. Accretion shall also take place among approval thereof; nevertheless, any provision made
devisees, legatees and usufructuaries under the by the ward in favor of the guardian when the latter is
(1) That two or more persons be called to the same same conditions established for heirs. (987a) his ascendant, descendant, brother, sister, or spouse,
inheritance, or to the same portion thereof, pro shall be valid;
indiviso; and SECTION 2. - Capacity to Succeed by Will of by
Intestacy (4) Any attesting witness to the execution of a will, the
(2) That one of the persons thus called die before the spouse, parents, or children, or any one claiming
testator, or renounce the inheritance, or be Art. 1024. Persons not incapacitated by law may under such witness, spouse, parents, or children;
incapacitated to receive it. (928a) succeed by will or ab intestato.
(5) Any physician, surgeon, nurse, health officer or
Art. 1017. The words "one-half for each" or "in equal The provisions relating to incapacity by will are druggist who took care of the testator during his last
shares" or any others which, though designating an equally applicable to intestate succession. (744, 914) illness;
 (1) Parents who have abandoned their children or If the institution, devise or legacy should be
(6) Individuals, associations and corporations not induced their daughters to lead a corrupt or immoral conditional, the time of the compliance with the
permitted by law to inherit. (745, 752, 753, 754a) life, or attempted against their virtue; condition shall also be considered. (758a)

Art. 1028. The prohibitions mentioned in article 739, (2) Any person who has been convicted of an attempt Art. 1035. If the person excluded from the inheritance
concerning donations inter vivos shall apply to against the life of the testator, his or her spouse, by reason of incapacity should be a child or
testamentary provisions. (n) descendants, or ascendants; descendant of the decedent and should have children
or descendants, the latter shall acquire his right to the
Art. 1029. Should the testator dispose of the whole or (3) Any person who has accused the testator of a legitime.
part of his property for prayers and pious works for crime for which the law prescribes imprisonment for
the benefit of his soul, in general terms and without six years or more, if the accusation has been found The person so excluded shall not enjoy the usufruct
specifying its application, the executor, with the court's groundless; and administration of the property thus inherited by
approval shall deliver one-half thereof or its proceeds his children. (761a)
to the church or denomination to which the testator (4) Any heir of full age who, having knowledge of the
may belong, to be used for such prayers and pious violent death of the testator, should fail to report it to Art. 1036. Alienations of hereditary property, and acts
works, and the other half to the State, for the an officer of the law within a month, unless the of administration performed by the excluded heir,
purposes mentioned in Article 1013. (747a) authorities have already taken action; this prohibition before the judicial order of exclusion, are valid as to
shall not apply to cases wherein, according to law, the third persons who acted in good faith; but the co-
Art. 1030. Testamentary provisions in favor of the there is no obligation to make an accusation; heirs shall have a right to recover damages from the
poor in general, without designation of particular disqualified heir. (n)
persons or of any community, shall be deemed limited (5) Any person convicted of adultery or concubinage
to the poor living in the domicile of the testator at the with the spouse of the testator; Art. 1037. The unworthy heir who is excluded from the
time of his death, unless it should clearly appear that succession has a right to demand indemnity or any
his intention was otherwise. (6) Any person who by fraud, violence, intimidation, or expenses incurred in the preservation of the
undue influence should cause the testator to make a hereditary property, and to enforce such credits as he
The designation of the persons who are to be will or to change one already made; may have against the estate. (n)
considered as poor and the distribution of the property
shall be made by the person appointed by the testator (7) Any person who by the same means prevents Art. 1038. Any person incapable of succession, who,
for the purpose; in default of such person, by the another from making a will, or from revoking one disregarding the prohibition stated in the preceding
executor, and should there be no executor, by the already made, or who supplants, conceals, or alters articles, entered into the possession of the hereditary
justice of the peace, the mayor, and the municipal the latter's will; property, shall be obliged to return it together it its
treasurer, who shall decide by a majority of votes all accessions.
questions that may arise. In all these cases, the (8) Any person who falsifies or forges a supposed will
approval of the Court of First Instance shall be of the decedent. (756, 673, 674a) He shall be liable for all the fruits and rents he may
necessary. have received, or could have received through the
Art. 1033. The cause of unworthiness shall be without exercise of due diligence. (760a)
The preceding paragraph shall apply when the effect if the testator had knowledge thereof at the time
testator has disposed of his property in favor of the he made the will, or if, having known of them Art. 1039. Capacity to succeed is governed by the law
poor of a definite locality. (749a) subsequently, he should condone them in writing. of the nation of the decedent. (n)
(757a)
Art. 1031. A testamentary provision in favor of a Art. 1040. The action for a declaration of incapacity
disqualified person, even though made under the Art. 1034. In order to judge the capacity of the heir, and for the recovery of the inheritance, devise or
guise of an onerous contract, or made through an devisee or legatee, his qualification at the time of the legacy shall be brought within five years from the time
intermediary, shall be void. (755) death of the decedent shall be the criterion. the disqualified person took possession thereof. It
may be brought by any one who may have an interest
Art. 1032. The following are incapable of succeeding In cases falling under Nos. 2, 3, or 5 of Article 1032, it in the succession. (762a)
by reason of unworthiness: shall be necessary to wait until final judgment is
rendered, and in the case falling under No. 4, the
expiration of the month allowed for the report. SECTION 3. - Acceptance and Repudiation of the
Inheritance
 Art. 1049. Acceptance may be express or tacit. Art. 1053. If the heir should die without having
Art. 1041. The acceptance or repudiation of the accepted or repudiated the inheritance his right shall
inheritance is an act which is purely voluntary and An express acceptance must be made in a public or be transmitted to his heirs. (1006)
free. (988) private document.
Art. 1054. Should there be several heirs called to the
Art. 1042. The effects of the acceptance or A tacit acceptance is one resulting from acts by which inheritance, some of them may accept and the others
repudiation shall always retroact to the moment of the the intention to accept is necessarily implied, or which may repudiate it. (1007a)
death of the decedent. (989) one would have no right to do except in the capacity
of an heir. Art. 1055. If a person, who is called to the same
Art. 1043. No person may accept or repudiate an inheritance as an heir by will and ab intestato,
inheritance unless he is certain of the death of the Acts of mere preservation or provisional repudiates the inheritance in his capacity as a
person from whom he is to inherit, and of his right to administration do not imply an acceptance of the testamentary heir, he is understood to have
the inheritance. (991) inheritance if, through such acts, the title or capacity repudiated it in both capacities.
of an heir has not been assumed. (999a)
Art. 1044. Any person having the free disposal of his Should he repudiate it as an intestate heir, without
property may accept or repudiate an inheritance. Art. 1050. An inheritance is deemed accepted: knowledge of his being a testamentary heir, he may
still accept it in the latter capacity. (1009)
Any inheritance left to minors or incapacitated (1) If the heirs sells, donates, or assigns his right to a
persons may be accepted by their parents or stranger, or to his co-heirs, or to any of them; Art. 1056. The acceptance or repudiation of an
guardians. Parents or guardians may repudiate the inheritance, once made, is irrevocable, and cannot be
inheritance left to their wards only by judicial (2) If the heir renounces the same, even though impugned, except when it was made through any of
authorization. gratuitously, for the benefit of one or more of his co- the causes that vitiate consent, or when an unknown
heirs; will appears. (997)
The right to accept an inheritance left to the poor shall
belong to the persons designated by the testator to (3) If he renounces it for a price in favor of all his co- Art. 1057. Within thirty days after the court has issued
determine the beneficiaries and distribute the heirs indiscriminately; but if this renunciation should an order for the distribution of the estate in
property, or in their default, to those mentioned in be gratuitous, and the co-heirs in whose favor it is accordance with the Rules of Court, the heirs,
Article 1030. (992a) made are those upon whom the portion renounced devisees and legatees shall signify to the court having
should devolve by virtue of accretion, the inheritance jurisdiction whether they accept or repudiate the
Art. 1045. The lawful representatives of corporations, shall not be deemed as accepted. (1000) inheritance.
associations, institutions and entities qualified to
acquire property may accept any inheritance left to Art. 1051. The repudiation of an inheritance shall be If they do not do so within that time, they are deemed
the latter, but in order to repudiate it, the approval of made in a public or authentic instrument, or by to have accepted the inheritance. (n)
the court shall be necessary. (993a) petition presented to the court having jurisdiction over
the testamentary or intestate proceedings. (1008) SECTION 4. - Executors and Administrators
Art. 1046. Public official establishments can neither
accept nor repudiate an inheritance without the Art. 1052. If the heir repudiates the inheritance to the Art. 1058. All matters relating to the appointment,
approval of the government. (994) prejudice of his own creditors, the latter may petition powers and duties of executors and administrators
the court to authorize them to accept it in the name of and concerning the administration of estates of
Art. 1047. A married woman of age may repudiate an the heir. deceased persons shall be governed by the Rules of
inheritance without the consent of her husband. Court. (n)
(995a) The acceptance shall benefit the creditors only to an
extent sufficient to cover the amount of their credits. Art. 1059. If the assets of the estate of a decedent
Art. 1048. Deaf-mutes who can read and write may The excess, should there be any, shall in no case which can be applied to the payment of debts are not
accept or repudiate the inheritance personally or pertain to the renouncer, but shall be adjudicated to sufficient for that purpose, the provisions of Articles
through an agent. Should they not be able to read and the persons to whom, in accordance with the rules 2239 to 2251 on Preference of Credits shall be
write, the inheritance shall be accepted by their established in this Code, it may belong. (1001) observed, provided that the expenses referred to in
guardians. These guardians may repudiate the same Article 2244, No. 8, shall be those involved in the
with judicial approval. (996a) administration of the decedent's estate. (n)
Art. 1060. A corporation or association authorized to given by the parent to the spouses jointly, the child
conduct the business of a trust company in the shall be obliged to bring to collation one-half of the Art. 1074. Should the provisions of the preceding
Philippines may be appointed as an executor, thing donated. (1040) article be impracticable, if the property donated was
administrator, guardian of an estate, or trustee, in like immovable, the co-heirs shall be entitled to receive its
manner as an individual; but it shall not be appointed Art. 1067. Expenses for support, education, medical equivalent in cash or securities, at the rate of
guardian of the person of a ward. (n) attendance, even in extraordinary illness, quotation; and should there be neither cash or
apprenticeship, ordinary equipment, or customary marketable securities in the estate, so much of the
SECTION 5. - Collation gifts are not subject to collation. (1041) other property as may be necessary shall be sold at
public auction.
Art. 1061. Every compulsory heir, who succeeds with Art. 1068. Expenses incurred by the parents in giving
other compulsory heirs, must bring into the mass of their children a professional, vocational or other If the property donated was movable, the co-heirs
the estate any property or right which he may have career shall not be brought to collation unless the shall only have a right to select an equivalent of other
received from the decedent, during the lifetime of the parents so provide, or unless they impair the legitime; personal property of the inheritance at its just price.
latter, by way of donation, or any other gratuitous title, but when their collation is required, the sum which the (1048)
in order that it may be computed in the determination child would have spent if he had lived in the house
of the legitime of each heir, and in the account of the and company of his parents shall be deducted Art. 1075. The fruits and interest of the property
partition. (1035a) therefrom. (1042a) subject to collation shall not pertain to the estate
except from the day on which the succession is
Art. 1062. Collation shall not take place among Art. 1069. Any sums paid by a parent in satisfaction of opened.
compulsory heirs if the donor should have so the debts of his children, election expenses, fines,
expressly provided, or if the donee should repudiate and similar expenses shall be brought to collation. For the purpose of ascertaining their amount, the
the inheritance, unless the donation should be (1043a) fruits and interest of the property of the estate of the
reduced as inofficious. (1036) same kind and quality as that subject to collation shall
Art. 1070. Wedding gifts by parents and ascendants be made the standard of assessment. (1049)
Art. 1063. Property left by will is not deemed subject consisting of jewelry, clothing, and outfit, shall not be
to collation, if the testator has not otherwise provided, reduced as inofficious except insofar as they may Art. 1076. The co-heirs are bound to reimburse to the
but the legitime shall in any case remain unimpaired. exceed one-tenth of the sum which is disposable by donee the necessary expenses which he has incurred
(1037) will. (1044) for the preservation of the property donated to him,
though they may not have augmented its value.
Art. 1064. When the grandchildren, who survive with Art. 1071. The same things donated are not to be
their uncles, aunts, or cousins, inherit from their brought to collation and partition, but only their value The donee who collates in kind an immovable which
grandparents in representation of their father or at the time of the donation, even though their just has been given to him must be reimbursed by his co-
mother, they shall bring to collation all that their value may not then have been assessed. heirs for the improvements which have increased the
parents, if alive, would have been obliged to bring, value of the property, and which exist at the time the
even though such grandchildren have not inherited Their subsequent increase or deterioration and even partition if effected.
the property. their total loss or destruction, be it accidental or
culpable, shall be for the benefit or account and risk of As to works made on the estate for the mere pleasure
They shall also bring to collation all that they may the donee. (1045a) of the donee, no reimbursement is due him for them;
have received from the decedent during his lifetime, he has, however, the right to remove them, if he can
unless the testator has provided otherwise, in which Art. 1072. In the collation of a donation made by both do so without injuring the estate. (n)
case his wishes must be respected, if the legitime of parents, one-half shall be brought to the inheritance of
the co-heirs is not prejudiced. (1038) the father, and the other half, to that of the mother. Art. 1077. Should any question arise among the co-
That given by one alone shall be brought to collation heirs upon the obligation to bring to collation or as to
Art. 1065. Parents are not obliged to bring to collation in his or her inheritance. (1046a) the things which are subject to collation, the
in the inheritance of their ascendants any property distribution of the estate shall not be interrupted for
which may have been donated by the latter to their Art. 1073. The donee's share of the estate shall be this reason, provided adequate security is given.
children. (1039) reduced by an amount equal to that already received (1050)
by him; and his co-heirs shall receive an equivalent,
Art. 1066. Neither shall donations to the spouse of the as much as possible, in property of the same nature, SECTION 6. - Partition and Distribution of the Estate
child be brought to collation; but if they have been class and quality. (1047)
SUBSECTION 1. - Partition Even though forbidden by the testator, the co- Art. 1090. When the title comprises two or more
ownership terminates when any of the causes for pieces of land which have been assigned to two or
Art. 1078. Where there are two or more heirs, the which partnership is dissolved takes place, or when more co-heirs, or when it covers one piece of land
whole estate of the decedent is, before its partition, the court finds for compelling reasons that division which has been divided between two or more co-
owned in common by such heirs, subject to the should be ordered, upon petition of one of the co- heirs, the title shall be delivered to the one having the
payment of debts of the deceased. (n) heirs. (1051a) largest interest, and authentic copies of the title shall
be furnished to the other co-heirs at the expense of
Art. 1079. Partition, in general, is the separation, Art. 1084. Voluntary heirs upon whom some condition the estate. If the interest of each co-heir should be the
division and assignment of a thing held in common has been imposed cannot demand a partition until the same, the oldest shall have the title. (1066a)
among those to whom it may belong. The thing itself condition has been fulfilled; but the other co-heirs may
may be divided, or its value. (n) demand it by giving sufficient security for the rights SUBSECTION 2. - Effects of Partition
which the former may have in case the condition
Art. 1080. Should a person make partition of his should be complied with, and until it is known that the Art. 1091. A partition legally made confers upon each
estate by an act inter vivos, or by will, such partition condition has not been fulfilled or can never be heir the exclusive ownership of the property
shall be respected, insofar as it does not prejudice the complied with, the partition shall be understood to be adjudicated to him. (1068)
legitime of the compulsory heirs. provisional. (1054a) Art. 1092. After the partition has been made, the co-
heirs shall be reciprocally bound to warrant the title to,
A parent who, in the interest of his or her family, Art. 1085. In the partition of the estate, equality shall and the quality of, each property adjudicated. (1069a)
desires to keep any agricultural, industrial, or be observed as far as possible, dividing the property
manufacturing enterprise intact, may avail himself of into lots, or assigning to each of the co-heirs things of Art. 1093. The reciprocal obligation of warranty
the right granted him in this article, by ordering that the same nature, quality and kind. (1061) referred to in the preceding article shall be
the legitime of the other children to whom the property proportionate to the respective hereditary shares of
is not assigned, be paid in cash. (1056a) Art. 1086. Should a thing be indivisible, or would be the co-heirs, but if any one of them should be
much impaired by its being divided, it may be insolvent, the other co-heirs shall be liable for his part
Art. 1081. A person may, by an act inter vivos or adjudicated to one of the heirs, provided he shall pay in the same proportion, deducting the part
mortis causa, intrust the mere power to make the the others the excess in cash. corresponding to the one who should be indemnified.
partition after his death to any person who is not one
of the co-heirs. Nevertheless, if any of the heirs should demand that Those who pay for the insolvent heir shall have a right
the thing be sold at public auction and that strangers of action against him for reimbursement, should his
The provisions of this and of the preceding article be allowed to bid, this must be done. (1062) financial condition improve. (1071)
shall be observed even should there be among the
co-heirs a minor or a person subject to guardianship; Art. 1087. In the partition the co-heirs shall reimburse Art. 1094. An action to enforce the warranty among
but the mandatary, in such case, shall make an one another for the income and fruits which each one heirs must be brought within ten years from the date
inventory of the property of the estate, after notifying of them may have received from any property of the the right of action accrues. (n)
the co-heirs, the creditors, and the legatees or estate, for any useful and necessary expenses made
devisees. (1057a) upon such property, and for any damage thereto Art. 1095. If a credit should be assigned as collectible,
through malice or neglect. (1063) the co-heirs shall not be liable for the subsequent
Art. 1082. Every act which is intended to put an end to insolvency of the debtor of the estate, but only for his
indivision among co-heirs and legatees or devisees is Art. 1088. Should any of the heirs sell his hereditary insolvency at the time the partition is made.
deemed to be a partition, although it should purport to rights to a stranger before the partition, any or all of
be a sale, and exchange, a compromise, or any other the co-heirs may be subrogated to the rights of the The warranty of the solvency of the debtor can only
transaction. (n) purchaser by reimbursing him for the price of the sale, be enforced during the five years following the
provided they do so within the period of one month partition.
Art. 1083. Every co-heir has a right to demand the from the time they were notified in writing of the sale
division of the estate unless the testator should have by the vendor. (1067a) Co-heirs do not warrant bad debts, if so known to,
expressly forbidden its partition, in which case the and accepted by, the distributee. But if such debts are
period of indivision shall not exceed twenty years as Art. 1089. The titles of acquisition or ownership of not assigned to a co-heir, and should be collected, in
provided in article 494. This power of the testator to each property shall be delivered to the co-heir to whole or in part, the amount collected shall be
prohibit division applies to the legitime. whom said property has been adjudicated. (1065a) distributed proportionately among the heirs. (1072a)
Art. 1096. The obligation of warranty among co-heirs (1) Minors and other incapacitated persons who have
shall cease in the following cases: Art. 1102. An heir who has alienated the whole or a parents, guardians or other legal representatives;
considerable part of the real property adjudicated to (2) Absentees who have administrators, either
(1) When the testator himself has made the partition, him cannot maintain an action for rescission on the appointed by them before their disappearance, or
unless it appears, or it may be reasonably presumed, ground of lesion, but he shall have a right to be appointed by the courts;
that his intention was otherwise, but the legitime shall indemnified in cash. (1078a)
always remain unimpaired; (3) Persons living abroad, who have managers or
Art. 1103. The omission of one or more objects or administrators;
(2) When it has been so expressly stipulated in the securities of the inheritance shall not cause the
agreement of partition, unless there has been bad rescission of the partition on the ground of lesion, but (4) Juridical persons, except the State and its
faith; the partition shall be completed by the distribution of subdivisions.
the objects or securities which have been omitted.
(3) When the eviction is due to a cause subsequent to (1079a) Persons who are disqualified from administering their
the partition, or has been caused by the fault of the property have a right to claim damages from their
distributee of the property. (1070a) Art. 1104. A partition made with preterition of any of legal representatives whose negligence has been the
the compulsory heirs shall not be rescinded, unless it cause of prescription. (1932a)
SUBSECTION 3. - Rescission and Nullity of Partition be proved that there was bad faith or fraud on the part
of the other persons interested; but the latter shall be Art. 1109. Prescription does not run between husband
Art. 1097. A partition may be rescinded or annulled for proportionately obliged to pay to the person omitted and wife, even though there be a separation of
the same causes as contracts. (1073a) the share which belongs to him. (1080) property agreed upon in the marriage settlements or
by judicial decree.
Art. 1098. A partition, judicial or extra-judicial, may Art. 1105. A partition which includes a person believed
also be rescinded on account of lesion, when any one to be an heir, but who is not, shall be void only with Neither does prescription run between parents and
of the co-heirs received things whose value is less, by respect to such person. (1081a) children, during the minority or insanity of the latter,
at least one-fourth, than the share to which he is and between guardian and ward during the
entitled, considering the value of the things at the time continuance of the guardianship. (n)
they were adjudicated. (1074a) Title V. - PRESCRIPTION
Art. 1110. Prescription, acquisitive and extinctive, runs
Art. 1099. The partition made by the testator cannot CHAPTER 1 in favor of, or against a married woman. (n)
be impugned on the ground of lesion, except when GENERAL PROVISIONS
the legitime of the compulsory heirs is thereby Art. 1111. Prescription obtained by a co-proprietor or a
prejudiced, or when it appears or may reasonably be Art. 1106. By prescription, one acquires ownership co-owner shall benefit the others. (1933)
presumed, that the intention of the testator was and other real rights through the lapse of time in the
otherwise. (1075) manner and under the conditions laid down by law. Art. 1112. Persons with capacity to alienate property
In the same way, rights and conditions are lost by may renounce prescription already obtained, but not
Art. 1100. The action for rescission on account of prescription. (1930a) the right to prescribe in the future.
lesion shall prescribe after four years from the time
the partition was made. (1076) Art. 1107. Persons who are capable of acquiring Prescription is deemed to have been tacitly
property or rights by the other legal modes may renounced when the renunciation results from acts
Art. 1101. The heir who is sued shall have the option acquire the same by means of prescription. which imply the abandonment of the right acquired.
of indemnifying the plaintiff for the loss, or consenting (1935)
to a new partition. Minors and other incapacitated persons may acquire
property or rights by prescription, either personally or Art. 1113. All things which are within the commerce of
Indemnity may be made by payment in cash or by the through their parents, guardians or legal men are susceptible of prescription, unless otherwise
delivery of a thing of the same kind and quality as that representatives. (1931a) provided. Property of the State or any of its
awarded to the plaintiff. subdivisions not patrimonial in character shall not be
Art. 1108. Prescription, both acquisitive and extinctive, the object of prescription. (1936a)
If a new partition is made, it shall affect neither those runs against:
who have not been prejudiced nor those have not Art. 1114. Creditors and all other persons interested in
received more than their just share. (1077a) making the prescription effective may avail
themselves thereof notwithstanding the express or Art. 1123. Civil interruption is produced by judicial Art. 1130. The title for prescription must be true and
tacit renunciation by the debtor or proprietor. (1937) summons to the possessor. (1945a) valid. (1953)

Art. 1115. The provisions of the present Title are Art. 1124. Judicial summons shall be deemed not to Art. 1131. For the purposes of prescription, just title
understood to be without prejudice to what in this have been issued and shall not give rise to must be proved; it is never presumed. (1954a)
Code or in special laws is established with respect to interruption:
specific cases of prescription. (1938) Art. 1132. The ownership of movables prescribes
(1) If it should be void for lack of legal solemnities; through uninterrupted possession for four years in
Art. 1116. Prescription already running before the (2) If the plaintiff should desist from the complaint or good faith.
effectivity of this Code shall be governed by laws should allow the proceedings to lapse;
previously in force; but if since the time this Code took The ownership of personal property also prescribes
effect the entire period herein required for prescription (3) If the possessor should be absolved from the through uninterrupted possession for eight years,
should elapse, the present Code shall be applicable, complaint. without need of any other condition.
even though by the former laws a longer period might
be required. (1939) In all these cases, the period of the interruption shall With regard to the right of the owner to recover
be counted for the prescription. (1946a) personal property lost or of which he has been
CHAPTER 2 illegally deprived, as well as with respect to movables
PRESCRIPTION OF OWNERSHIP AND OTHER Art. 1125. Any express or tacit recognition which the acquired in a public sale, fair, or market, or from a
REAL RIGHTS possessor may make of the owner's right also merchant's store the provisions of Articles 559 and
interrupts possession. (1948) 1505 of this Code shall be observed. (1955a)
Art. 1117. Acquisitive prescription of dominion and
other real rights may be ordinary or extraordinary. Art. 1126. Against a title recorded in the Registry of Art. 1133. Movables possessed through a crime can
Ordinary acquisitive prescription requires possession Property, ordinary prescription of ownership or real never be acquired through prescription by the
of things in good faith and with just title for the time rights shall not take place to the prejudice of a third offender. (1956a)
fixed by law. (1940a) person, except in virtue of another title also recorded;
and the time shall begin to run from the recording of Art. 1134. Ownership and other real rights over
Art. 1118. Possession has to be in the concept of an the latter. immovable property are acquired by ordinary
owner, public, peaceful and uninterrupted. (1941) prescription through possession of ten years. (1957a)
As to lands registered under the Land Registration
Art. 1119. Acts of possessory character executed in Act, the provisions of that special law shall govern. Art. 1135. In case the adverse claimant possesses by
virtue of license or by mere tolerance of the owner (1949a) mistake an area greater, or less than that expressed
shall not be available for the purposes of possession. in his title, prescription shall be based on the
(1942) Art. 1127. The good faith of the possessor consists in possession. (n)
the reasonable belief that the person from whom he
Art. 1120. Possession is interrupted for the purposes received the thing was the owner thereof, and could Art. 1136. Possession in wartime, when the civil
of prescription, naturally or civilly. (1943) transmit his ownership. (1950a) courts are not open, shall not be counted in favor of
the adverse claimant.
Art. 1121. Possession is naturally interrupted when Art. 1128. The conditions of good faith required for
through any cause it should cease for more than one possession in Articles 526, 527, 528, and 529 of this Art. 1137. Ownership and other real rights over
year. Code are likewise necessary for the determination of immovables also prescribe through uninterrupted
good faith in the prescription of ownership and other adverse possession thereof for thirty years, without
The old possession is not revived if a new possession real rights. (1951) need of title or of good faith. (1959a)
should be exercised by the same adverse claimant.
(1944a) Art. 1129. For the purposes of prescription, there is Art. 1138. In the computation of time necessary for
just title when the adverse claimant came into prescription the following rules shall be observed:
Art. 1122. If the natural interruption is for only one possession of the property through one of the modes
year or less, the time elapsed shall be counted in recognized by law for the acquisition of ownership or (1) The present possessor may complete the period
favor of the prescription. (n) other real rights, but the grantor was not the owner or necessary for prescription by tacking his possession
could not transmit any right. (n) to that of his grantor or predecessor in interest;
(2) It is presumed that the present possessor who Art. 1145. The following actions must be commenced judgment commences from the time the judgment
was also the possessor at a previous time, has within six years: became final. (1971)
continued to be in possession during the intervening
time, unless there is proof to the contrary; (1) Upon an oral contract; Art. 1153. The period for prescription of actions to
(2) Upon a quasi-contract. (n) demand accounting runs from the day the persons
(3) The first day shall be excluded and the last day who should render the same cease in their functions.
included. (1960a) Art. 1146. The following actions must be instituted
within four years: The period for the action arising from the result of the
CHAPTER 3 accounting runs from the date when said result was
PRESCRIPTION OF ACTIONS (1) Upon an injury to the rights of the plaintiff; recognized by agreement of the interested parties.
(2) Upon a quasi-delict; (1972)
Art. 1139. Actions prescribe by the mere lapse of time
fixed by law. (1961) However, when the action arises from or out of any Art. 1154. The period during which the obligee was
act, activity, or conduct of any public officer involving prevented by a fortuitous event from enforcing his
Art. 1140. Actions to recover movables shall prescribe the exercise of powers or authority arising from right is not reckoned against him. (n)
eight years from the time the possession thereof is Martial Law including the arrest, detention and/or trial
lost, unless the possessor has acquired the of the plaintiff, the same must be brought within one Art. 1155. The prescription of actions is interrupted
ownership by prescription for a less period, according (1) year. (As amended by PD No. 1755, Dec. 24, when they are filed before the court, when there is a
to Articles 1132, and without prejudice to the 1980.) written extrajudicial demand by the creditors, and
provisions of Articles 559, 1505, and 1133. (1962a) when there is any written acknowledgment of the debt
Art. 1147. The following actions must be filed within by the debtor. (1973a)
Art. 1141. Real actions over immovables prescribe one year:
after thirty years. REPUBLIC ACT NO. 386
(1) For forcible entry and detainer; AN ACT TO ORDAIN AND INSTITUTE
This provision is without prejudice to what is (2) For defamation. (n) THE CIVIL CODE OF THE PHILIPPINES
established for the acquisition of ownership and other
real rights by prescription. (1963) Art. 1148. The limitations of action mentioned in BOOK IV
Articles 1140 to 1142, and 1144 to 1147 are without
Art. 1142. A mortgage action prescribes after ten prejudice to those specified in other parts of this OBLIGATIONS AND CONTRACTS
years. (1964a) Code, in the Code of Commerce, and in special laws.
(n) Title. I. - OBLIGATIONS
Art. 1143. The following rights, among others
specified elsewhere in this Code, are not extinguished Art. 1149. All other actions whose periods are not CHAPTER 1
by prescription: fixed in this Code or in other laws must be brought GENERAL PROVISIONS
within five years from the time the right of action
(1) To demand a right of way, regulated in Article 649; accrues. (n) Art. 1156. An obligation is a juridical necessity to give,
to do or not to do. (n)
(2) To bring an action to abate a public or private Art. 1150. The time for prescription for all kinds of
nuisance. (n) actions, when there is no special provision which Art. 1157. Obligations arise from:
ordains otherwise, shall be counted from the day they
Art. 1144. The following actions must be brought may be brought. (1969) (1) Law;
within ten years from the time the right of action (2) Contracts;
accrues: Art. 1151. The time for the prescription of actions (3) Quasi-contracts;
which have for their object the enforcement of (4) Acts or omissions punished by law; and
(1) Upon a written contract; obligations to pay principal with interest or annuity (5) Quasi-delicts. (1089a)
runs from the last payment of the annuity or of the
(2) Upon an obligation created by law; interest. (1970a) Art. 1158. Obligations derived from law are not
presumed. Only those expressly determined in this
(3) Upon a judgment. (n) Art. 1152. The period for prescription of actions to Code or in special laws are demandable, and shall be
demand the fulfillment of obligation declared by a regulated by the precepts of the law which establishes
them; and as to what has not been foreseen, by the Art. 1171. Responsibility arising from fraud is
provisions of this Book. (1090) Art. 1166. The obligation to give a determinate thing demandable in all obligations. Any waiver of an action
includes that of delivering all its accessions and for future fraud is void. (1102a)
Art. 1159. Obligations arising from contracts have the accessories, even though they may not have been
force of law between the contracting parties and mentioned. (1097a) Art. 1172. Responsibility arising from negligence in
should be complied with in good faith. (1091a) the performance of every kind of obligation is also
Art. 1167. If a person obliged to do something fails to demandable, but such liability may be regulated by
Art. 1160. Obligations derived from quasi-contracts do it, the same shall be executed at his cost. the courts, according to the circumstances. (1103)
shall be subject to the provisions of Chapter 1, Title
XVII, of this Book. (n) This same rule shall be observed if he does it in Art. 1173. The fault or negligence of the obligor
contravention of the tenor of the obligation. consists in the omission of that diligence which is
Art. 1161. Civil obligations arising from criminal Furthermore, it may be decreed that what has been required by the nature of the obligation and
offenses shall be governed by the penal laws, subject poorly done be undone. (1098) corresponds with the circumstances of the persons, of
to the provisions of Article 2177, and of the pertinent the time and of the place. When negligence shows
provisions of Chapter 2, Preliminary Title, on Human Art. 1168. When the obligation consists in not doing, bad faith, the provisions of Articles 1171 and 2201,
Relations, and of Title XVIII of this Book, regulating and the obligor does what has been forbidden him, it paragraph 2, shall apply.
damages. (1092a) shall also be undone at his expense. (1099a)
If the law or contract does not state the diligence
Art. 1162. Obligations derived from quasi-delicts shall Art. 1169. Those obliged to deliver or to do something which is to be observed in the performance, that
be governed by the provisions of Chapter 2, Title XVII incur in delay from the time the obligee judicially or which is expected of a good father of a family shall be
of this Book, and by special laws. (1093a) extrajudicially demands from them the fulfillment of required. (1104a)
their obligation.
CHAPTER 2 Art. 1174. Except in cases expressly specified by the
NATURE AND EFFECT OF OBLIGATIONS However, the demand by the creditor shall not be law, or when it is otherwise declared by stipulation, or
necessary in order that delay may exist: when the nature of the obligation requires the
Art. 1163. Every person obliged to give something is assumption of risk, no person shall be responsible for
also obliged to take care of it with the proper diligence (1) When the obligation or the law expressly so those events which could not be foreseen, or which,
of a good father of a family, unless the law or the declare; or though foreseen, were inevitable. (1105a)
stipulation of the parties requires another standard of
care. (1094a) (2) When from the nature and the circumstances of Art. 1175. Usurious transactions shall be governed by
the obligation it appears that the designation of the special laws. (n)
Art. 1164. The creditor has a right to the fruits of the time when the thing is to be delivered or the service is
thing from the time the obligation to deliver it arises. to be rendered was a controlling motive for the Art. 1176. The receipt of the principal by the creditor
However, he shall acquire no real right over it until the establishment of the contract; or without reservation with respect to the interest, shall
same has been delivered to him. (1095) give rise to the presumption that said interest has
(3) When demand would be useless, as when the been paid.
Art. 1165. When what is to be delivered is a obligor has rendered it beyond his power to perform.
determinate thing, the creditor, in addition to the right The receipt of a later installment of a debt without
granted him by Article 1170, may compel the debtor to In reciprocal obligations, neither party incurs in delay reservation as to prior installments, shall likewise
make the delivery. if the other does not comply or is not ready to comply raise the presumption that such installments have
in a proper manner with what is incumbent upon him. been paid. (1110a)
If the thing is indeterminate or generic, he may ask From the moment one of the parties fulfills his
that the obligation be complied with at the expense of obligation, delay by the other begins. (1100a) Art. 1177. The creditors, after having pursued the
the debtor. property in possession of the debtor to satisfy their
Art. 1170. Those who in the performance of their claims, may exercise all the rights and bring all the
If the obligor delays, or has promised to deliver the obligations are guilty of fraud, negligence, or delay, actions of the latter for the same purpose, save those
same thing to two or more persons who do not have and those who in any manner contravene the tenor which are inherent in his person; they may also
the same interest, he shall be responsible for any thereof, are liable for damages. (1101) impugn the acts which the debtor may have done to
fortuitous event until he has effected the delivery. defraud them. (1111)
(1096)
Art. 1178. Subject to the laws, all rights acquired in Art. 1185. The condition that some event will not (2) If the thing is lost through the fault of the debtor,
virtue of an obligation are transmissible, if there has happen at a determinate time shall render the he shall be obliged to pay damages; it is understood
been no stipulation to the contrary. (1112) obligation effective from the moment the time that the thing is lost when it perishes, or goes out of
indicated has elapsed, or if it has become evident that commerce, or disappears in such a way that its
CHAPTER 3 the event cannot occur. existence is unknown or it cannot be recovered;
DIFFERENT KINDS OF OBLIGATIONS
If no time has been fixed, the condition shall be (3) When the thing deteriorates without the fault of the
SECTION 1. - Pure and Conditional Obligations deemed fulfilled at such time as may have probably debtor, the impairment is to be borne by the creditor;
been contemplated, bearing in mind the nature of the
Art. 1179. Every obligation whose performance does obligation. (1118) (4) If it deteriorates through the fault of the debtor, the
not depend upon a future or uncertain event, or upon creditor may choose between the rescission of the
a past event unknown to the parties, is demandable at Art. 1186. The condition shall be deemed fulfilled obligation and its fulfillment, with indemnity for
once. when the obligor voluntarily prevents its fulfillment. damages in either case;
(1119)
Every obligation which contains a resolutory condition (5) If the thing is improved by its nature, or by time,
shall also be demandable, without prejudice to the Art. 1187. The effects of a conditional obligation to the improvement shall inure to the benefit of the
effects of the happening of the event. (1113) give, once the condition has been fulfilled, shall creditor;
retroact to the day of the constitution of the obligation.
Art. 1180. When the debtor binds himself to pay when Nevertheless, when the obligation imposes reciprocal (6) If it is improved at the expense of the debtor, he
his means permit him to do so, the obligation shall be prestations upon the parties, the fruits and interests shall have no other right than that granted to the
deemed to be one with a period, subject to the during the pendency of the condition shall be deemed usufructuary. (1122)
provisions of Article 1197. (n) to have been mutually compensated. If the obligation
is unilateral, the debtor shall appropriate the fruits and Art. 1190. When the conditions have for their purpose
Art. 1181. In conditional obligations, the acquisition of interests received, unless from the nature and the extinguishment of an obligation to give, the
rights, as well as the extinguishment or loss of those circumstances of the obligation it should be inferred parties, upon the fulfillment of said conditions, shall
already acquired, shall depend upon the happening of that the intention of the person constituting the same return to each other what they have received.
the event which constitutes the condition. (1114) was different. In case of the loss, deterioration or improvement of
the thing, the provisions which, with respect to the
Art. 1182. When the fulfillment of the condition In obligations to do and not to do, the courts shall debtor, are laid down in the preceding article shall be
depends upon the sole will of the debtor, the determine, in each case, the retroactive effect of the applied to the party who is bound to return.
conditional obligation shall be void. If it depends upon condition that has been complied with. (1120)
chance or upon the will of a third person, the As for the obligations to do and not to do, the
obligation shall take effect in conformity with the Art. 1188. The creditor may, before the fulfillment of provisions of the second paragraph of Article 1187
provisions of this Code. (1115) the condition, bring the appropriate actions for the shall be observed as regards the effect of the
preservation of his right. extinguishment of the obligation. (1123)
Art. 1183. Impossible conditions, those contrary to
good customs or public policy and those prohibited by The debtor may recover what during the same time Art. 1191. The power to rescind obligations is implied
law shall annul the obligation which depends upon he has paid by mistake in case of a suspensive in reciprocal ones, in case one of the obligors should
them. If the obligation is divisible, that part thereof condition. (1121a) not comply with what is incumbent upon him.
which is not affected by the impossible or unlawful
condition shall be valid. Art. 1189. When the conditions have been imposed The injured party may choose between the fulfillment
with the intention of suspending the efficacy of an and the rescission of the obligation, with the payment
The condition not to do an impossible thing shall be obligation to give, the following rules shall be of damages in either case. He may also seek
considered as not having been agreed upon. (1116a) observed in case of the improvement, loss or rescission, even after he has chosen fulfillment, if the
deterioration of the thing during the pendency of the latter should become impossible.
Art. 1184. The condition that some event happen at a condition:
determinate time shall extinguish the obligation as The court shall decree the rescission claimed, unless
soon as the time expires or if it has become (1) If the thing is lost without the fault of the debtor, there be just cause authorizing the fixing of a period.
indubitable that the event will not take place. (1117) the obligation shall be extinguished;
This is understood to be without prejudice to the rights Art. 1197. If the obligation does not fix a period, but Art. 1201. The choice shall produce no effect except
of third persons who have acquired the thing, in from its nature and the circumstances it can be from the time it has been communicated. (1133)
accordance with Articles 1385 and 1388 and the inferred that a period was intended, the courts may fix
Mortgage Law. (1124) the duration thereof. Art. 1202. The debtor shall lose the right of choice
when among the prestations whereby he is
Art. 1192. In case both parties have committed a The courts shall also fix the duration of the period alternatively bound, only one is practicable. (1134)
breach of the obligation, the liability of the first when it depends upon the will of the debtor.
infractor shall be equitably tempered by the courts. If Art. 1203. If through the creditor's acts the debtor
it cannot be determined which of the parties first In every case, the courts shall determine such period cannot make a choice according to the terms of the
violated the contract, the same shall be deemed as may under the circumstances have been probably obligation, the latter may rescind the contract with
extinguished, and each shall bear his own damages. contemplated by the parties. Once fixed by the courts, damages. (n)
(n) the period cannot be changed by them. (1128a)
Art. 1204. The creditor shall have a right to indemnity
SECTION 2. - Obligations with a Period Art. . The debtor shall lose every right to make use for damages when, through the fault of the debtor, all
of the period: the things which are alternatively the object of the
Art. 1193. Obligations for whose fulfillment a day obligation have been lost, or the compliance of the
certain has been fixed, shall be demandable only (1) When after the obligation has been contracted, he obligation has become impossible.
when that day comes. becomes insolvent, unless he gives a guaranty or
security for the debt; The indemnity shall be fixed taking as a basis the
Obligations with a resolutory period take effect at value of the last thing which disappeared, or that of
once, but terminate upon arrival of the day certain. (2) When he does not furnish to the creditor the the service which last became impossible.
guaranties or securities which he has promised;
A day certain is understood to be that which must Damages other than the value of the last thing or
necessarily come, although it may not be known (3) When by his own acts he has impaired said service may also be awarded. (1135a)
when. guaranties or securities after their establishment, and
when through a fortuitous event they disappear, Art. 1205. When the choice has been expressly given
If the uncertainty consists in whether the day will unless he immediately gives new ones equally to the creditor, the obligation shall cease to be
come or not, the obligation is conditional, and it shall satisfactory; alternative from the day when the selection has been
be regulated by the rules of the preceding Section. communicated to the debtor.
(1125a) (4) When the debtor violates any undertaking, in
consideration of which the creditor agreed to the Until then the responsibility of the debtor shall be
Art. 1194. In case of loss, deterioration or period; governed by the following rules:
improvement of the thing before the arrival of the day
certain, the rules in Article 1189 shall be observed. (n) (5) When the debtor attempts to abscond. (1129a) (1) If one of the things is lost through a fortuitous
event, he shall perform the obligation by delivering
Art. 1195. Anything paid or delivered before the arrival SECTION 3. - Alternative Obligations that which the creditor should choose from among the
of the period, the obligor being unaware of the period remainder, or that which remains if only one subsists;
or believing that the obligation has become due and Art. 1199. A person alternatively bound by different
demandable, may be recovered, with the fruits and prestations shall completely perform one of them. (2) If the loss of one of the things occurs through the
interests. (1126a) The creditor cannot be compelled to receive part of fault of the debtor, the creditor may claim any of those
one and part of the other undertaking. (1131) subsisting, or the price of that which, through the fault
Art. 1196. Whenever in an obligation a period is of the former, has disappeared, with a right to
designated, it is presumed to have been established Art. 1200. The right of choice belongs to the debtor, damages;
for the benefit of both the creditor and the debtor, unless it has been expressly granted to the creditor.
unless from the tenor of the same or other (3) If all the things are lost through the fault of the
circumstances it should appear that the period has The debtor shall have no right to choose those debtor, the choice by the creditor shall fall upon the
been established in favor of one or of the other. prestations which are impossible, unlawful or which price of any one of them, also with indemnity for
(1127) could not have been the object of the obligation. damages.
(1132)
The same rules shall be applied to obligations to do or Art. 1218. Payment by a solidary debtor shall not
not to do in case one, some or all of the prestations Art. 1212. Each one of the solidary creditors may do entitle him to reimbursement from his co-debtors if
should become impossible. (1136a) whatever may be useful to the others, but not such payment is made after the obligation has
anything which may be prejudicial to the latter. prescribed or become illegal. (n)
Art. 1206. When only one prestation has been agreed (1141a)
upon, but the obligor may render another in Art. 1219. The remission made by the creditor of the
substitution, the obligation is called facultative. Art. 1213. A solidary creditor cannot assign his rights share which affects one of the solidary debtors does
without the consent of the others. (n) not release the latter from his responsibility towards
The loss or deterioration of the thing intended as a the co-debtors, in case the debt had been totally paid
substitute, through the negligence of the obligor, does Art. 1214. The debtor may pay any one of the solidary by anyone of them before the remission was effected.
not render him liable. But once the substitution has creditors; but if any demand, judicial or extrajudicial, (1146a)
been made, the obligor is liable for the loss of the has been made by one of them, payment should be
substitute on account of his delay, negligence or made to him. (1142a) Art. 1220. The remission of the whole obligation,
fraud. (n) obtained by one of the solidary debtors, does not
Art. 1215. Novation, compensation, confusion or entitle him to reimbursement from his co-debtors. (n)
SECTION 4. - Joint and Solidary Obligations remission of the debt, made by any of the solidary
creditors or with any of the solidary debtors, shall Art. 1221. If the thing has been lost or if the prestation
Art. 1207. The concurrence of two or more creditors extinguish the obligation, without prejudice to the has become impossible without the fault of the
or of two or more debtors in one and the same provisions of Article 1219. solidary debtors, the obligation shall be extinguished.
obligation does not imply that each one of the former
has a right to demand, or that each one of the latter is The creditor who may have executed any of these If there was fault on the part of any one of them, all
bound to render, entire compliance with the acts, as well as he who collects the debt, shall be shall be responsible to the creditor, for the price and
prestation. There is a solidary liability only when the liable to the others for the share in the obligation the payment of damages and interest, without
obligation expressly so states, or when the law or the corresponding to them. (1143) prejudice to their action against the guilty or negligent
nature of the obligation requires solidarity. (1137a) debtor.
Art. 1216. The creditor may proceed against any one
Art. 1208. If from the law, or the nature or the wording of the solidary debtors or some or all of them If through a fortuitous event, the thing is lost or the
of the obligations to which the preceding article refers simultaneously. The demand made against one of performance has become impossible after one of the
the contrary does not appear, the credit or debt shall them shall not be an obstacle to those which may solidary debtors has incurred in delay through the
be presumed to be divided into as many shares as subsequently be directed against the others, so long judicial or extrajudicial demand upon him by the
there are creditors or debtors, the credits or debts as the debt has not been fully collected. (1144a) creditor, the provisions of the preceding paragraph
being considered distinct from one another, subject to shall apply. (1147a)
the Rules of Court governing the multiplicity of suits. Art. 1217. Payment made by one of the solidary
(1138a) debtors extinguishes the obligation. If two or more Art. 1222. A solidary debtor may, in actions filed by the
solidary debtors offer to pay, the creditor may choose creditor, avail himself of all defenses which are
Art. 1209. If the division is impossible, the right of the which offer to accept. derived from the nature of the obligation and of those
creditors may be prejudiced only by their collective which are personal to him, or pertain to his own
acts, and the debt can be enforced only by He who made the payment may claim from his co- share. With respect to those which personally belong
proceeding against all the debtors. If one of the latter debtors only the share which corresponds to each, to the others, he may avail himself thereof only as
should be insolvent, the others shall not be liable for with the interest for the payment already made. If the regards that part of the debt for which the latter are
his share. (1139) payment is made before the debt is due, no interest responsible. (1148a)
for the intervening period may be demanded.
Art. 1210. The indivisibility of an obligation does not SECTION 5. - Divisible and Indivisible Obligations
necessarily give rise to solidarity. Nor does solidarity When one of the solidary debtors cannot, because of
of itself imply indivisibility. (n) his insolvency, reimburse his share to the debtor Art. 1223. The divisibility or indivisibility of the things
paying the obligation, such share shall be borne by all that are the object of obligations in which there is only
Art. 1211. Solidarity may exist although the creditors his co-debtors, in proportion to the debt of each. one debtor and only one creditor does not alter or
and the debtors may not be bound in the same (1145a) modify the provisions of Chapter 2 of this Title. (1149)
manner and by the same periods and conditions.
(1140)
Art. 1224. A joint indivisible obligation gives rise to performance thereof should become impossible Art. 1232. Payment means not only the delivery of
indemnity for damages from the time anyone of the without his fault, the penalty may be enforced. money but also the performance, in any other
debtors does not comply with his undertaking. The (1153a) manner, of an obligation. (n)
debtors who may have been ready to fulfill their
promises shall not contribute to the indemnity beyond Art. 1228. Proof of actual damages suffered by the Art. 1233. A debt shall not be understood to have
the corresponding portion of the price of the thing or creditor is not necessary in order that the penalty may been paid unless the thing or service in which the
of the value of the service in which the obligation be demanded. (n) obligation consists has been completely delivered or
consists. (1150) rendered, as the case may be. (1157)
Art. 1229. The judge shall equitably reduce the
Art. 1225. For the purposes of the preceding articles, penalty when the principal obligation has been partly Art. 1234. If the obligation has been substantially
obligations to give definite things and those which are or irregularly complied with by the debtor. Even if performed in good faith, the obligor may recover as
not susceptible of partial performance shall be there has been no performance, the penalty may also though there had been a strict and complete
deemed to be indivisible. be reduced by the courts if it is iniquitous or fulfillment, less damages suffered by the obligee. (n)
unconscionable. (1154a)
When the obligation has for its object the execution of Art. 1235. When the obligee accepts the performance,
a certain number of days of work, the accomplishment Art. 1230. The nullity of the penal clause does not knowing its incompleteness or irregularity, and without
of work by metrical units, or analogous things which carry with it that of the principal obligation. expressing any protest or objection, the obligation is
by their nature are susceptible of partial performance, deemed fully complied with. (n)
it shall be divisible. The nullity of the principal obligation carries with it that
of the penal clause. (1155) Art. 1236. The creditor is not bound to accept
However, even though the object or service may be payment or performance by a third person who has
physically divisible, an obligation is indivisible if so CHAPTER 4 no interest in the fulfillment of the obligation, unless
provided by law or intended by the parties. EXTINGUISHMENT OF OBLIGATIONS there is a stipulation to the contrary.

In obligations not to do, divisibility or indivisibility shall GENERAL PROVISIONS Whoever pays for another may demand from the
be determined by the character of the prestation in debtor what he has paid, except that if he paid without
each particular case. (1151a) Art. 1231. Obligations are extinguished: the knowledge or against the will of the debtor, he can
recover only insofar as the payment has been
SECTION 6. - Obligations with a Penal Clause (1) By payment or performance: beneficial to the debtor. (1158a)

Art. 1226. In obligations with a penal clause, the (2) By the loss of the thing due: Art. 1237. Whoever pays on behalf of the debtor
penalty shall substitute the indemnity for damages without the knowledge or against the will of the latter,
and the payment of interests in case of (3) By the condonation or remission of the debt; cannot compel the creditor to subrogate him in his
noncompliance, if there is no stipulation to the rights, such as those arising from a mortgage,
contrary. Nevertheless, damages shall be paid if the (4) By the confusion or merger of the rights of creditor guaranty, or penalty. (1159a)
obligor refuses to pay the penalty or is guilty of fraud and debtor;
in the fulfillment of the obligation. Art. 1238. Payment made by a third person who does
(5) By compensation; not intend to be reimbursed by the debtor is deemed
The penalty may be enforced only when it is to be a donation, which requires the debtor's consent.
demandable in accordance with the provisions of this (6) By novation. But the payment is in any case valid as to the creditor
Code. (1152a) who has accepted it. (n)
Other causes of extinguishment of obligations, such
Art. 1227. The debtor cannot exempt himself from the as annulment, rescission, fulfillment of a resolutory Art. 1239. In obligations to give, payment made by
performance of the obligation by paying the penalty, condition, and prescription, are governed elsewhere one who does not have the free disposal of the thing
save in the case where this right has been expressly in this Code. (1156a) due and capacity to alienate it shall not be valid,
reserved for him. Neither can the creditor demand the without prejudice to the provisions of Article 1427
fulfillment of the obligation and the satisfaction of the SECTION 1. - Payment or Performance under the Title on "Natural Obligations." (1160a)
penalty at the same time, unless this right has been
clearly granted him. However, if after the creditor has Art. 1240. Payment shall be made to the person in
decided to require the fulfillment of the obligation, the whose favor the obligation has been constituted, or
his successor in interest, or any person authorized to purpose of the obligation and other circumstances
receive it. (1162a) shall be taken into consideration. (1167a) If the debtor changes his domicile in bad faith or after
he has incurred in delay, the additional expenses shall
Art. 1241. Payment to a person who is incapacitated Art. 1247. Unless it is otherwise stipulated, the be borne by him.
to administer his property shall be valid if he has kept extrajudicial expenses required by the payment shall
the thing delivered, or insofar as the payment has be for the account of the debtor. With regard to These provisions are without prejudice to venue
been beneficial to him. judicial costs, the Rules of Court shall govern. (1168a) under the Rules of Court. (1171a)

Payment made to a third person shall also be valid Art. 1248. Unless there is an express stipulation to SUBSECTION 1. - Application of Payments
insofar as it has redounded to the benefit of the that effect, the creditor cannot be compelled partially
creditor. Such benefit to the creditor need not be to receive the prestations in which the obligation Art. 1252. He who has various debts of the same kind
proved in the following cases: consists. Neither may the debtor be required to make in favor of one and the same creditor, may declare at
partial payments. the time of making the payment, to which of them the
(1) If after the payment, the third person acquires the same must be applied. Unless the parties so stipulate,
creditor's rights; However, when the debt is in part liquidated and in or when the application of payment is made by the
part unliquidated, the creditor may demand and the party for whose benefit the term has been constituted,
(2) If the creditor ratifies the payment to the third debtor may effect the payment of the former without application shall not be made as to debts which are
person; waiting for the liquidation of the latter. (1169a) not yet due.

(3) If by the creditor's conduct, the debtor has been Art. 1249. The payment of debts in money shall be If the debtor accepts from the creditor a receipt in
led to believe that the third person had authority to made in the currency stipulated, and if it is not which an application of the payment is made, the
receive the payment. (1163a) possible to deliver such currency, then in the currency former cannot complain of the same, unless there is a
which is legal tender in the Philippines. cause for invalidating the contract. (1172a)
Art. 1242. Payment made in good faith to any person
in possession of the credit shall release the debtor. The delivery of promissory notes payable to order, or Art. 1253. If the debt produces interest, payment of
(1164) bills of exchange or other mercantile documents shall the principal shall not be deemed to have been made
produce the effect of payment only when they have until the interests have been covered. (1173)
Art. 1243. Payment made to the creditor by the debtor been cashed, or when through the fault of the creditor
after the latter has been judicially ordered to retain the they have been impaired. Art. 1254. When the payment cannot be applied in
debt shall not be valid. (1165) accordance with the preceding rules, or if application
In the meantime, the action derived from the original can not be inferred from other circumstances, the
Art. 1244. The debtor of a thing cannot compel the obligation shall be held in the abeyance. (1170) debt which is most onerous to the debtor, among
creditor to receive a different one, although the latter those due, shall be deemed to have been satisfied.
may be of the same value as, or more valuable than Art. 1250. In case an extraordinary inflation or
that which is due. deflation of the currency stipulated should supervene, If the debts due are of the same nature and burden,
the value of the currency at the time of the the payment shall be applied to all of them
In obligations to do or not to do, an act or forbearance establishment of the obligation shall be the basis of proportionately. (1174a)
cannot be substituted by another act or forbearance payment, unless there is an agreement to the
against the obligee's will. (1166a) contrary. (n) SUBSECTION 2. - Payment by Cession

Art. 1245. Dation in payment, whereby property is Art. 1251. Payment shall be made in the place Art. 1255. The debtor may cede or assign his property
alienated to the creditor in satisfaction of a debt in designated in the obligation. to his creditors in payment of his debts. This cession,
money, shall be governed by the law of sales. (n) unless there is stipulation to the contrary, shall only
There being no express stipulation and if the release the debtor from responsibility for the net
Art. 1246. When the obligation consists in the delivery undertaking is to deliver a determinate thing, the proceeds of the thing assigned. The agreements
of an indeterminate or generic thing, whose quality payment shall be made wherever the thing might be which, on the effect of the cession, are made between
and circumstances have not been stated, the creditor at the moment the obligation was constituted. the debtor and his creditors shall be governed by
cannot demand a thing of superior quality. Neither can special laws. (1175a)
the debtor deliver a thing of inferior quality. The In any other case the place of payment shall be the
domicile of the debtor.
SUBSECTION 3. - Tender of Payment and Art. 1260. Once the consignation has been duly
Consignation made, the debtor may ask the judge to order the Art. 1267. When the service has become so difficult
cancellation of the obligation. as to be manifestly beyond the contemplation of the
Art. 1256. If the creditor to whom tender of payment parties, the obligor may also be released therefrom, in
has been made refuses without just cause to accept Before the creditor has accepted the consignation, or whole or in part. (n)
it, the debtor shall be released from responsibility by before a judicial declaration that the consignation has
the consignation of the thing or sum due. been properly made, the debtor may withdraw the Art. 1268. When the debt of a thing certain and
thing or the sum deposited, allowing the obligation to determinate proceeds from a criminal offense, the
Consignation alone shall produce the same effect in remain in force. (1180) debtor shall not be exempted from the payment of its
the following cases: price, whatever may be the cause for the loss, unless
Art. 1261. If, the consignation having been made, the the thing having been offered by him to the person
(1) When the creditor is absent or unknown, or does creditor should authorize the debtor to withdraw the who should receive it, the latter refused without
not appear at the place of payment; same, he shall lose every preference which he may justification to accept it. (1185)
have over the thing. The co-debtors, guarantors and
(2) When he is incapacitated to receive the payment sureties shall be released. (1181a) Art. 1269. The obligation having been extinguished by
at the time it is due; the loss of the thing, the creditor shall have all the
SECTION 2. - Loss of the Thing Due rights of action which the debtor may have against
(3) When, without just cause, he refuses to give a third persons by reason of the loss. (1186)
receipt; Art. 1262. An obligation which consists in the delivery
of a determinate thing shall be extinguished if it SECTION 3. - Condonation or Remission of the Debt
(4) When two or more persons claim the same right to should be lost or destroyed without the fault of the
collect; debtor, and before he has incurred in delay. Art. 1270. Condonation or remission is essentially
When by law or stipulation, the obligor is liable even gratuitous, and requires the acceptance by the
(5) When the title of the obligation has been lost. for fortuitous events, the loss of the thing does not obligor. It may be made expressly or impliedly.
(1176a) extinguish the obligation, and he shall be responsible One and the other kind shall be subject to the rules
for damages. The same rule applies when the nature which govern inofficious donations. Express
Art. 1257. In order that the consignation of the thing of the obligation requires the assumption of risk. condonation shall, furthermore, comply with the forms
due may release the obligor, it must first be (1182a) of donation. (1187)
announced to the persons interested in the fulfillment
of the obligation. Art. 1263. In an obligation to deliver a generic thing, Art. 1271. The delivery of a private document
the loss or destruction of anything of the same kind evidencing a credit, made voluntarily by the creditor to
The consignation shall be ineffectual if it is not made does not extinguish the obligation. (n) the debtor, implies the renunciation of the action
strictly in consonance with the provisions which which the former had against the latter.
regulate payment. (1177) Art. 1264. The courts shall determine whether, under
the circumstances, the partial loss of the object of the If in order to nullify this waiver it should be claimed to
Art. 1258. Consignation shall be made by depositing obligation is so important as to extinguish the be inofficious, the debtor and his heirs may uphold it
the things due at the disposal of judicial authority, obligation. (n) by proving that the delivery of the document was
before whom the tender of payment shall be proved, made in virtue of payment of the debt. (1188)
in a proper case, and the announcement of the Art. 1265. Whenever the thing is lost in the
consignation in other cases. possession of the debtor, it shall be presumed that the Art. 1272. Whenever the private document in which
loss was due to his fault, unless there is proof to the the debt appears is found in the possession of the
The consignation having been made, the interested contrary, and without prejudice to the provisions of debtor, it shall be presumed that the creditor delivered
parties shall also be notified thereof. (1178) article 1165. This presumption does not apply in case it voluntarily, unless the contrary is proved. (1189)
of earthquake, flood, storm, or other natural calamity.
Art. 1259. The expenses of consignation, when (1183a) Art. 1273. The renunciation of the principal debt shall
properly made, shall be charged against the creditor. extinguish the accessory obligations; but the waiver of
(1178) Art. 1266. The debtor in obligations to do shall also be the latter shall leave the former in force. (1190)
released when the prestation becomes legally or
physically impossible without the fault of the obligor. Art. 1274. It is presumed that the accessory obligation
(1184a) of pledge has been remitted when the thing pledged,
after its delivery to the creditor, is found in the compensation as regards what the creditor may owe Neither can compensation be set up against a creditor
possession of the debtor, or of a third person who the principal debtor. (1197) who has a claim for support due by gratuitous title,
owns the thing. (1191a) without prejudice to the provisions of paragraph 2 of
Art. 1281. Compensation may be total or partial. Article 301. (1200a)
SECTION 4. - Confusion or Merger of Rights When the two debts are of the same amount, there is
a total compensation. (n) Art. 1288. Neither shall there be compensation if one
Art. 1275. The obligation is extinguished from the time of the debts consists in civil liability arising from a
the characters of creditor and debtor are merged in Art. 1282. The parties may agree upon the penal offense. (n)
the same person. (1192a) compensation of debts which are not yet due. (n)
Art. 1289. If a person should have against him several
Art. 1276. Merger which takes place in the person of Art. 1283. If one of the parties to a suit over an debts which are susceptible of compensation, the
the principal debtor or creditor benefits the obligation has a claim for damages against the other, rules on the application of payments shall apply to the
guarantors. Confusion which takes place in the the former may set it off by proving his right to said order of the compensation. (1201)
person of any of the latter does not extinguish the damages and the amount thereof. (n)
obligation. (1193) Art. 1290. When all the requisites mentioned in Article
Art. 1284. When one or both debts are rescissible or 1279 are present, compensation takes effect by
Art. 1277. Confusion does not extinguish a joint voidable, they may be compensated against each operation of law, and extinguishes both debts to the
obligation except as regards the share corresponding other before they are judicially rescinded or avoided. concurrent amount, even though the creditors and
to the creditor or debtor in whom the two characters (n) debtors are not aware of the compensation. (1202a)
concur. (1194)
Art. 1285. The debtor who has consented to the SECTION 6. - Novation
SECTION 5. - Compensation assignment of rights made by a creditor in favor of a
third person, cannot set up against the assignee the Art. 1291. Obligations may be modified by:
Art. 1278. Compensation shall take place when two compensation which would pertain to him against the
persons, in their own right, are creditors and debtors assignor, unless the assignor was notified by the (1) Changing their object or principal conditions;
of each other. (1195) debtor at the time he gave his consent, that he (2) Substituting the person of the debtor;
reserved his right to the compensation. (3) Subrogating a third person in the rights of the
Art. 1279. In order that compensation may be proper, creditor. (1203)
it is necessary: If the creditor communicated the cession to him but
the debtor did not consent thereto, the latter may set Art. 1292. In order that an obligation may be
(1) That each one of the obligors be bound principally, up the compensation of debts previous to the cession, extinguished by another which substitute the same, it
and that he be at the same time a principal creditor of but not of subsequent ones. is imperative that it be so declared in unequivocal
the other; terms, or that the old and the new obligations be on
If the assignment is made without the knowledge of every point incompatible with each other. (1204)
(2) That both debts consist in a sum of money, or if the debtor, he may set up the compensation of all
the things due are consumable, they be of the same credits prior to the same and also later ones until he Art. 1293. Novation which consists in substituting a
kind, and also of the same quality if the latter has had knowledge of the assignment. (1198a) new debtor in the place of the original one, may be
been stated; made even without the knowledge or against the will
Art. 1286. Compensation takes place by operation of of the latter, but not without the consent of the
(3) That the two debts be due; law, even though the debts may be payable at creditor. Payment by the new debtor gives him the
different places, but there shall be an indemnity for rights mentioned in Articles 1236 and 1237. (1205a)
(4) That they be liquidated and demandable; expenses of exchange or transportation to the place
of payment. (1199a) Art. 1294. If the substitution is without the knowledge
(5) That over neither of them there be any retention or or against the will of the debtor, the new debtor's
controversy, commenced by third persons and Art. 1287. Compensation shall not be proper when insolvency or non-fulfillment of the obligations shall
communicated in due time to the debtor. (1196) one of the debts arises from a depositum or from the not give rise to any liability on the part of the original
obligations of a depositary or of a bailee in debtor. (n)
Art. 1280. Notwithstanding the provisions of the commodatum.
preceding article, the guarantor may set up Art. 1295. The insolvency of the new debtor, who has
been proposed by the original debtor and accepted by
the creditor, shall not revive the action of the latter pays, without prejudice to the effects of confusion as shall decide what is equitable under the
against the original obligor, except when said to the latter's share. (1210a) circumstances. (n)
insolvency was already existing and of public
knowledge, or known to the debtor, when the Art. 1303. Subrogation transfers to the persons Art. 1311. Contracts take effect only between the
delegated his debt. (1206a) subrogated the credit with all the rights thereto parties, their assigns and heirs, except in case where
appertaining, either against the debtor or against third the rights and obligations arising from the contract are
Art. 1296. When the principal obligation is person, be they guarantors or possessors of not transmissible by their nature, or by stipulation or
extinguished in consequence of a novation, accessory mortgages, subject to stipulation in a conventional by provision of law. The heir is not liable beyond the
obligations may subsist only insofar as they may subrogation. (1212a) value of the property he received from the decedent.
benefit third persons who did not give their consent.
(1207) Art. 1304. A creditor, to whom partial payment has If a contract should contain some stipulation in favor
been made, may exercise his right for the remainder, of a third person, he may demand its fulfillment
Art. 1297. If the new obligation is void, the original and he shall be preferred to the person who has been provided he communicated his acceptance to the
one shall subsist, unless the parties intended that the subrogated in his place in virtue of the partial payment obligor before its revocation. A mere incidental benefit
former relation should be extinguished in any event. of the same credit. (1213) or interest of a person is not sufficient. The
(n) contracting parties must have clearly and deliberately
Title II. - CONTRACTS conferred a favor upon a third person. (1257a)
Art. 1298. The novation is void if the original
obligation was void, except when annulment may be CHAPTER 1 Art. 1312. In contracts creating real rights, third
claimed only by the debtor or when ratification GENERAL PROVISIONS persons who come into possession of the object of
validates acts which are voidable. (1208a) the contract are bound thereby, subject to the
Art. 1305. A contract is a meeting of minds between provisions of the Mortgage Law and the Land
Art. 1299. If the original obligation was subject to a two persons whereby one binds himself, with respect Registration Laws. (n)
suspensive or resolutory condition, the new obligation to the other, to give something or to render some
shall be under the same condition, unless it is service. (1254a) Art. 1313. Creditors are protected in cases of
otherwise stipulated. (n) contracts intended to defraud them. (n)
Art. 1306. The contracting parties may establish such
Art. 1300. Subrogation of a third person in the rights stipulations, clauses, terms and conditions as they Art. 1314. Any third person who induces another to
of the creditor is either legal or conventional. The may deem convenient, provided they are not contrary violate his contract shall be liable for damages to the
former is not presumed, except in cases expressly to law, morals, good customs, public order, or public other contracting party. (n)
mentioned in this Code; the latter must be clearly policy. (1255a)
established in order that it may take effect. (1209a) Art. 1315. Contracts are perfected by mere consent,
Art. 1307. Innominate contracts shall be regulated by and from that moment the parties are bound not only
Art. 1301. Conventional subrogation of a third person the stipulations of the parties, by the provisions of to the fulfillment of what has been expressly stipulated
requires the consent of the original parties and of the Titles I and II of this Book, by the rules governing the but also to all the consequences which, according to
third person. (n) most analogous nominate contracts, and by the their nature, may be in keeping with good faith, usage
customs of the place. (n) and law. (1258)
Art. 1302. It is presumed that there is legal
subrogation: Art. 1308. The contract must bind both contracting Art. 1316. Real contracts, such as deposit, pledge
parties; its validity or compliance cannot be left to the and Commodatum, are not perfected until the delivery
(1) When a creditor pays another creditor who is will of one of them. (1256a) of the object of the obligation. (n)
preferred, even without the debtor's knowledge;
Art. 1309. The determination of the performance may Art. 1317. No one may contract in the name of
(2) When a third person, not interested in the be left to a third person, whose decision shall not be another without being authorized by the latter, or
obligation, pays with the express or tacit approval of binding until it has been made known to both unless he has by law a right to represent him.
the debtor; contracting parties. (n)
A contract entered into in the name of another by one
(3) When, even without the knowledge of the debtor, a Art. 1310. The determination shall not be obligatory if who has no authority or legal representation, or who
person interested in the fulfillment of the obligation it is evidently inequitable. In such case, the courts has acted beyond his powers, shall be unenforceable,
unless it is ratified, expressly or impliedly, by the
person on whose behalf it has been executed, before upon a consideration, as something paid or promised. enforcing the contract must show that the terms
it is revoked by the other contracting party. (1259a) (n) thereof have been fully explained to the former. (n)

CHAPTER 2 Art. 1325. Unless it appears otherwise, business Art. 1333. There is no mistake if the party alleging it
ESSENTIAL REQUISITES OF CONTRACTS advertisements of things for sale are not definite knew the doubt, contingency or risk affecting the
offers, but mere invitations to make an offer. (n) object of the contract. (n)
GENERAL PROVISIONS
Art. 1326. Advertisements for bidders are simply Art. 1334. Mutual error as to the legal effect of an
Art. 1318. There is no contract unless the following invitations to make proposals, and the advertiser is agreement when the real purpose of the parties is
requisites concur: not bound to accept the highest or lowest bidder, frustrated, may vitiate consent. (n)
unless the contrary appears. (n)
(1) Consent of the contracting parties; Art. 1335. There is violence when in order to wrest
(2) Object certain which is the subject matter of the Art. 1327. The following cannot give consent to a consent, serious or irresistible force is employed.
contract; contract:
(3) Cause of the obligation which is established. There is intimidation when one of the contracting
(1261) (1) Unemancipated minors; parties is compelled by a reasonable and well-
(2) Insane or demented persons, and deaf-mutes who grounded fear of an imminent and grave evil upon his
SECTION 1. - Consent do not know how to write. (1263a) person or property, or upon the person or property of
his spouse, descendants or ascendants, to give his
Art. 1319. Consent is manifested by the meeting of Art. 1328. Contracts entered into during a lucid consent.
the offer and the acceptance upon the thing and the interval are valid. Contracts agreed to in a state of
cause which are to constitute the contract. The offer drunkenness or during a hypnotic spell are voidable. To determine the degree of intimidation, the age, sex
must be certain and the acceptance absolute. A (n) and condition of the person shall be borne in mind.
qualified acceptance constitutes a counter-offer.
Art. 1329. The incapacity declared in Article 1327 is A threat to enforce one's claim through competent
Acceptance made by letter or telegram does not bind subject to the modifications determined by law, and is authority, if the claim is just or legal, does not vitiate
the offerer except from the time it came to his understood to be without prejudice to special consent. (1267a)
knowledge. The contract, in such a case, is presumed disqualifications established in the laws. (1264)
to have been entered into in the place where the offer Art. 1336. Violence or intimidation shall annul the
was made. (1262a) Art. 1330. A contract where consent is given through obligation, although it may have been employed by a
mistake, violence, intimidation, undue influence, or third person who did not take part in the contract.
Art. 1320. An acceptance may be express or implied. fraud is voidable. (1265a) (1268)
(n)
Art. 1331. In order that mistake may invalidate Art. 1337. There is undue influence when a person
Art. 1321. The person making the offer may fix the consent, it should refer to the substance of the thing takes improper advantage of his power over the will of
time, place, and manner of acceptance, all of which which is the object of the contract, or to those another, depriving the latter of a reasonable freedom
must be complied with. (n) conditions which have principally moved one or both of choice. The following circumstances shall be
parties to enter into the contract. considered: the confidential, family, spiritual and other
Art. 1322. An offer made through an agent is relations between the parties, or the fact that the
accepted from the time acceptance is communicated Mistake as to the identity or qualifications of one of person alleged to have been unduly influenced was
to him. (n) the parties will vitiate consent only when such identity suffering from mental weakness, or was ignorant or in
or qualifications have been the principal cause of the financial distress. (n)
Art. 1323. An offer becomes ineffective upon the contract.
death, civil interdiction, insanity, or insolvency of either Art. 1338. There is fraud when, through insidious
party before acceptance is conveyed. (n) A simple mistake of account shall give rise to its words or machinations of one of the contracting
correction. (1266a) parties, the other is induced to enter into a contract
Art. 1324. When the offerer has allowed the offeree a which, without them, he would not have agreed to.
certain period to accept, the offer may be withdrawn Art. 1332. When one of the parties is unable to read, (1269)
at any time before acceptance by communicating or if the contract is in a language not understood by
such withdrawal, except when the option is founded him, and mistake or fraud is alleged, the person
Art. 1339. Failure to disclose facts, when there is a All services which are not contrary to law, morals, Art. 1356. Contracts shall be obligatory, in whatever
duty to reveal them, as when the parties are bound by good customs, public order or public policy may form they may have been entered into, provided all
confidential relations, constitutes fraud. (n) likewise be the object of a contract. (1271a) the essential requisites for their validity are present.
However, when the law requires that a contract be in
Art. 1340. The usual exaggerations in trade, when the Art. 1348. Impossible things or services cannot be the some form in order that it may be valid or enforceable,
other party had an opportunity to know the facts, are object of contracts. (1272) or that a contract be proved in a certain way, that
not in themselves fraudulent. (n) requirement is absolute and indispensable. In such
Art. 1349. The object of every contract must be cases, the right of the parties stated in the following
Art. 1341. A mere expression of an opinion does not determinate as to its kind. The fact that the quantity is article cannot be exercised. (1278a)
signify fraud, unless made by an expert and the other not determinate shall not be an obstacle to the
party has relied on the former's special knowledge. (n) existence of the contract, provided it is possible to Art. 1357. If the law requires a document or other
determine the same, without the need of a new special form, as in the acts and contracts enumerated
Art. 1342. Misrepresentation by a third person does contract between the parties. (1273) in the following article, the contracting parties may
not vitiate consent, unless such misrepresentation compel each other to observe that form, once the
has created substantial mistake and the same is SECTION 3. - Cause of Contracts contract has been perfected. This right may be
mutual. (n) exercised simultaneously with the action upon the
Art. 1350. In onerous contracts the cause is contract. (1279a)
Art. 1343. Misrepresentation made in good faith is not understood to be, for each contracting party, the
fraudulent but may constitute error. (n) prestation or promise of a thing or service by the Art. 1358. The following must appear in a public
other; in remuneratory ones, the service or benefit document:
Art. 1344. In order that fraud may make a contract which is remunerated; and in contracts of pure
voidable, it should be serious and should not have beneficence, the mere liberality of the benefactor. (1) Acts and contracts which have for their object the
been employed by both contracting parties. (1274) creation, transmission, modification or extinguishment
of real rights over immovable property; sales of real
Incidental fraud only obliges the person employing it Art. 1351. The particular motives of the parties in property or of an interest therein a governed by
to pay damages. (1270) entering into a contract are different from the cause Articles 1403, No. 2, and 1405;
thereof. (n)
Art. 1345. Simulation of a contract may be absolute or (2) The cession, repudiation or renunciation of
relative. The former takes place when the parties do Art. 1352. Contracts without cause, or with unlawful hereditary rights or of those of the conjugal
not intend to be bound at all; the latter, when the cause, produce no effect whatever. The cause is partnership of gains;
parties conceal their true agreement. (n) unlawful if it is contrary to law, morals, good customs,
public order or public policy. (1275a) (3) The power to administer property, or any other
Art. 1346. An absolutely simulated or fictitious power which has for its object an act appearing or
contract is void. A relative simulation, when it does not Art. 1353. The statement of a false cause in contracts which should appear in a public document, or should
prejudice a third person and is not intended for any shall render them void, if it should not be proved that prejudice a third person;
purpose contrary to law, morals, good customs, public they were founded upon another cause which is true
order or public policy binds the parties to their real and lawful. (1276) (4) The cession of actions or rights proceeding from
agreement. (n) an act appearing in a public document.
Art. 1354. Although the cause is not stated in the
SECTION 2. - Object of Contracts contract, it is presumed that it exists and is lawful, All other contracts where the amount involved
unless the debtor proves the contrary. (1277) exceeds five hundred pesos must appear in writing,
Art. 1347. All things which are not outside the even a private one. But sales of goods, chattels or
commerce of men, including future things, may be the Art. 1355. Except in cases specified by law, lesion or things in action are governed by Articles, 1403, No. 2
object of a contract. All rights which are not inadequacy of cause shall not invalidate a contract, and 1405. (1280a)
intransmissible may also be the object of contracts. unless there has been fraud, mistake or undue
No contract may be entered into upon future influence. (n) CHAPTER 4
inheritance except in cases expressly authorized by REFORMATION OF INSTRUMENTS (n)
law. CHAPTER 3
FORM OF CONTRACTS Art. 1359. When, there having been a meeting of the
minds of the parties to a contract, their true intention
is not expressed in the instrument purporting to Art. 1367. When one of the parties has brought an
embody the agreement, by reason of mistake, fraud, action to enforce the instrument, he cannot Art. 1376. The usage or custom of the place shall be
inequitable conduct or accident, one of the parties subsequently ask for its reformation. borne in mind in the interpretation of the ambiguities
may ask for the reformation of the instrument to the of a contract, and shall fill the omission of stipulations
end that such true intention may be expressed. Art. 1368. Reformation may be ordered at the which are ordinarily established. (1287)
If mistake, fraud, inequitable conduct, or accident has instance of either party or his successors in interest, if
prevented a meeting of the minds of the parties, the the mistake was mutual; otherwise, upon petition of Art. 1377. The interpretation of obscure words or
proper remedy is not reformation of the instrument but the injured party, or his heirs and assigns. stipulations in a contract shall not favor the party who
annulment of the contract. caused the obscurity. (1288)
Art. 1369. The procedure for the reformation of
Art. 1360. The principles of the general law on the instrument shall be governed by rules of court to be Art. 1378. When it is absolutely impossible to settle
reformation of instruments are hereby adopted insofar promulgated by the Supreme Court. doubts by the rules established in the preceding
as they are not in conflict with the provisions of this articles, and the doubts refer to incidental
Code. CHAPTER 5 circumstances of a gratuitous contract, the least
INTERPRETATION OF CONTRACTS transmission of rights and interests shall prevail. If the
Art. 1361. When a mutual mistake of the parties contract is onerous, the doubt shall be settled in favor
causes the failure of the instrument to disclose their Art. 1370. If the terms of a contract are clear and of the greatest reciprocity of interests.
real agreement, said instrument may be reformed. leave no doubt upon the intention of the contracting
parties, the literal meaning of its stipulations shall If the doubts are cast upon the principal object of the
Art. 1362. If one party was mistaken and the other control. contract in such a way that it cannot be known what
acted fraudulently or inequitably in such a way that may have been the intention or will of the parties, the
the instrument does not show their true intention, the If the words appear to be contrary to the evident contract shall be null and void. (1289)
former may ask for the reformation of the instrument. intention of the parties, the latter shall prevail over the
former. (1281) Art. 1379. The principles of interpretation stated in
Art. 1363. When one party was mistaken and the Rule 123 of the Rules of Court shall likewise be
other knew or believed that the instrument did not Art. 1371. In order to judge the intention of the observed in the construction of contracts. (n)
state their real agreement, but concealed that fact contracting parties, their contemporaneous and
from the former, the instrument may be reformed. subsequent acts shall be principally considered. CHAPTER 6
(1282) RESCISSIBLE CONTRACTS
Art. 1364. When through the ignorance, lack of skill,
negligence or bad faith on the part of the person Art. 1372. However general the terms of a contract Art. 1380. Contracts validly agreed upon may be
drafting the instrument or of the clerk or typist, the may be, they shall not be understood to comprehend rescinded in the cases established by law. (1290)
instrument does not express the true intention of the things that are distinct and cases that are different
parties, the courts may order that the instrument be from those upon which the parties intended to agree. Art. 1381. The following contracts are rescissible:
reformed. (1283)
(1) Those which are entered into by guardians
Art. 1365. If two parties agree upon the mortgage or Art. 1373. If some stipulation of any contract should whenever the wards whom they represent suffer
pledge of real or personal property, but the instrument admit of several meanings, it shall be understood as lesion by more than one-fourth of the value of the
states that the property is sold absolutely or with a bearing that import which is most adequate to render things which are the object thereof;
right of repurchase, reformation of the instrument is it effectual. (1284)
proper. (2) Those agreed upon in representation of
Art. 1374. The various stipulations of a contract shall absentees, if the latter suffer the lesion stated in the
Art. 1366. There shall be no reformation in the be interpreted together, attributing to the doubtful preceding number;
following cases: ones that sense which may result from all of them
taken jointly. (1285) (3) Those undertaken in fraud of creditors when the
(1) Simple donations inter vivos wherein no condition latter cannot in any other manner collect the claims
is imposed; Art. 1375. Words which may have different due them;
(2) Wills; significations shall be understood in that which is
(3) When the real agreement is void. most in keeping with the nature and object of the (4) Those which refer to things under litigation if they
contract. (1286) have been entered into by the defendant without the
knowledge and approval of the litigants or of And when the action refers to contracts entered into
competent judicial authority; In addition to these presumptions, the design to by minors or other incapacitated persons, from the
defraud creditors may be proved in any other manner time the guardianship ceases. (1301a)
(5) All other contracts specially declared by law to be recognized by the law of evidence. (1297a) Art. 1392. Ratification extinguishes the action to annul
subject to rescission. (1291a) a voidable contract. (1309a)
Art. 1388. Whoever acquires in bad faith the things
Art. 1382. Payments made in a state of insolvency for alienated in fraud of creditors, shall indemnify the Art. 1393. Ratification may be effected expressly or
obligations to whose fulfillment the debtor could not latter for damages suffered by them on account of the tacitly. It is understood that there is a tacit ratification
be compelled at the time they were effected, are also alienation, whenever, due to any cause, it should be if, with knowledge of the reason which renders the
rescissible. (1292) impossible for him to return them. contract voidable and such reason having ceased, the
person who has a right to invoke it should execute an
Art. 1383. The action for rescission is subsidiary; it If there are two or more alienations, the first acquirer act which necessarily implies an intention to waive his
cannot be instituted except when the party suffering shall be liable first, and so on successively. (1298a) right. (1311a)
damage has no other legal means to obtain
reparation for the same. (1294) Art. 1389. The action to claim rescission must be Art. 1394. Ratification may be effected by the
commenced within four years. guardian of the incapacitated person. (n)
Art. 1384. Rescission shall be only to the extent
necessary to cover the damages caused. (n) For persons under guardianship and for absentees, Art. 1395. Ratification does not require the conformity
the period of four years shall not begin until the of the contracting party who has no right to bring the
Art. 1385. Rescission creates the obligation to return termination of the former's incapacity, or until the action for annulment. (1312)
the things which were the object of the contract, domicile of the latter is known. (1299)
together with their fruits, and the price with its interest; Art. 1396. Ratification cleanses the contract from all
consequently, it can be carried out only when he who CHAPTER 7 its defects from the moment it was constituted. (1313)
demands rescission can return whatever he may be VOIDABLE CONTRACTS
obliged to restore. Art. 1397. The action for the annulment of contracts
Art. 1390. The following contracts are voidable or may be instituted by all who are thereby obliged
Neither shall rescission take place when the things annullable, even though there may have been no principally or subsidiarily. However, persons who are
which are the object of the contract are legally in the damage to the contracting parties: capable cannot allege the incapacity of those with
possession of third persons who did not act in bad whom they contracted; nor can those who exerted
faith. (1) Those where one of the parties is incapable of intimidation, violence, or undue influence, or
giving consent to a contract; employed fraud, or caused mistake base their action
In this case, indemnity for damages may be upon these flaws of the contract. (1302a)
demanded from the person causing the loss. (1295) (2) Those where the consent is vitiated by mistake,
violence, intimidation, undue influence or fraud. Art. 1398. An obligation having been annulled, the
Art. 1386. Rescission referred to in Nos. 1 and 2 of contracting parties shall restore to each other the
Article 1381 shall not take place with respect to These contracts are binding, unless they are annulled things which have been the subject matter of the
contracts approved by the courts. (1296a) by a proper action in court. They are susceptible of contract, with their fruits, and the price with its
ratification. (n) interest, except in cases provided by law.
Art. 1387. All contracts by virtue of which the debtor
alienates property by gratuitous title are presumed to Art. 1391. The action for annulment shall be brought In obligations to render service, the value thereof shall
have been entered into in fraud of creditors, when the within four years. be the basis for damages. (1303a)
donor did not reserve sufficient property to pay all
debts contracted before the donation. This period shall begin: Art. 1399. When the defect of the contract consists in
the incapacity of one of the parties, the incapacitated
Alienations by onerous title are also presumed In cases of intimidation, violence or undue influence, person is not obliged to make any restitution except
fraudulent when made by persons against whom from the time the defect of the consent ceases. insofar as he has been benefited by the thing or price
some judgment has been issued. The decision or In case of mistake or fraud, from the time of the received by him. (1304)
attachment need not refer to the property alienated, discovery of the same.
and need not have been obtained by the party Art. 1400. Whenever the person obliged by the
seeking the rescission. decree of annulment to return the thing can not do so
because it has been lost through his fault, he shall Art. 1408. Unenforceable contracts cannot be
return the fruits received and the value of the thing at (d) An agreement for the sale of goods, chattels or assailed by third persons.
the time of the loss, with interest from the same date. things in action, at a price not less than five hundred
(1307a) pesos, unless the buyer accept and receive part of CHAPTER 9
such goods and chattels, or the evidences, or some of VOID AND INEXISTENT CONTRACTS
Art. 1401. The action for annulment of contracts shall them, of such things in action or pay at the time some
be extinguished when the thing which is the object part of the purchase money; but when a sale is made Art. 1409. The following contracts are inexistent and
thereof is lost through the fraud or fault of the person by auction and entry is made by the auctioneer in his void from the beginning:
who has a right to institute the proceedings. sales book, at the time of the sale, of the amount and
kind of property sold, terms of sale, price, names of (1) Those whose cause, object or purpose is contrary
If the right of action is based upon the incapacity of the purchasers and person on whose account the to law, morals, good customs, public order or public
any one of the contracting parties, the loss of the sale is made, it is a sufficient memorandum; policy;
thing shall not be an obstacle to the success of the
action, unless said loss took place through the fraud (e) An agreement of the leasing for a longer period (2) Those which are absolutely simulated or fictitious;
or fault of the plaintiff. (1314a) than one year, or for the sale of real property or of an
interest therein; (3) Those whose cause or object did not exist at the
Art. 1402. As long as one of the contracting parties time of the transaction;
does not restore what in virtue of the decree of (f) A representation as to the credit of a third person.
annulment he is bound to return, the other cannot be (4) Those whose object is outside the commerce of
compelled to comply with what is incumbent upon (3) Those where both parties are incapable of giving men;
him. (1308) consent to a contract.
(5) Those which contemplate an impossible service;
CHAPTER 8 Art. 1404. Unauthorized contracts are governed by
UNENFORCEABLE CONTRACTS (n) Article 1317 and the principles of agency in Title X of (6) Those where the intention of the parties relative to
this Book. the principal object of the contract cannot be
Art. 1403. The following contracts are unenforceable, ascertained;
unless they are ratified: Art. 1405. Contracts infringing the Statute of Frauds,
referred to in No. 2 of Article 1403, are ratified by the (7) Those expressly prohibited or declared void by
(1) Those entered into in the name of another person failure to object to the presentation of oral evidence to law.
by one who has been given no authority or legal prove the same, or by the acceptance of benefit under
representation, or who has acted beyond his powers; them. These contracts cannot be ratified. Neither can the
right to set up the defense of illegality be waived.
(2) Those that do not comply with the Statute of Art. 1406. When a contract is enforceable under the
Frauds as set forth in this number. In the following Statute of Frauds, and a public document is Art. 1410. The action or defense for the declaration of
cases an agreement hereafter made shall be necessary for its registration in the Registry of Deeds, the inexistence of a contract does not prescribe.
unenforceable by action, unless the same, or some the parties may avail themselves of the right under
note or memorandum, thereof, be in writing, and Article 1357. Art. 1411. When the nullity proceeds from the illegality
subscribed by the party charged, or by his agent; of the cause or object of the contract, and the act
evidence, therefore, of the agreement cannot be Art. 1407. In a contract where both parties are constitutes a criminal offense, both parties being in
received without the writing, or a secondary evidence incapable of giving consent, express or implied pari delicto, they shall have no action against each
of its contents: ratification by the parent, or guardian, as the case other, and both shall be prosecuted. Moreover, the
may be, of one of the contracting parties shall give the provisions of the Penal Code relative to the disposal
(a) An agreement that by its terms is not to be contract the same effect as if only one of them were of effects or instruments of a crime shall be applicable
performed within a year from the making thereof; incapacitated. to the things or the price of the contract.

(b) A special promise to answer for the debt, default, If ratification is made by the parents or guardians, as This rule shall be applicable when only one of the
or miscarriage of another; the case may be, of both contracting parties, the parties is guilty; but the innocent one may claim what
contract shall be validated from the inception. he has given, and shall not be bound to comply with
(c) An agreement made in consideration of marriage, his promise. (1305)
other than a mutual promise to marry;
Art. 1412. If the act in which the unlawful or forbidden to work longer than the maximum thus fixed, he may the whole thing or price received, notwithstanding the
cause consists does not constitute a criminal offense, demand additional compensation for service rendered fact the he has not been benefited thereby, there is no
the following rules shall be observed: beyond the time limit. right to demand the thing or price thus returned.

(1) When the fault is on the part of both contracting Art. 1419. When the law sets, or authorizes the Art. 1427. When a minor between eighteen and
parties, neither may recover what he has given by setting of a minimum wage for laborers, and a twenty-one years of age, who has entered into a
virtue of the contract, or demand the performance of contract is agreed upon by which a laborer accepts a contract without the consent of the parent or guardian,
the other's undertaking; lower wage, he shall be entitled to recover the voluntarily pays a sum of money or delivers a fungible
deficiency. thing in fulfillment of the obligation, there shall be no
(2) When only one of the contracting parties is at fault, right to recover the same from the obligee who has
he cannot recover what he has given by reason of the Art. 1420. In case of a divisible contract, if the illegal spent or consumed it in good faith. (1160A)
contract, or ask for the fulfillment of what has been terms can be separated from the legal ones, the latter
promised him. The other, who is not at fault, may may be enforced. Art. 1428. When, after an action to enforce a civil
demand the return of what he has given without any obligation has failed the defendant voluntarily
obligation to comply his promise. (1306) Art. 1421. The defense of illegality of contract is not performs the obligation, he cannot demand the return
available to third persons whose interests are not of what he has delivered or the payment of the value
Art. 1413. Interest paid in excess of the interest directly affected. of the service he has rendered.
allowed by the usury laws may be recovered by the
debtor, with interest thereon from the date of the Art. 1422. A contract which is the direct result of a Art. 1429. When a testate or intestate heir voluntarily
payment. previous illegal contract, is also void and inexistent. pays a debt of the decedent exceeding the value of
the property which he received by will or by the law of
Art. 1414. When money is paid or property delivered Title III. - NATURAL OBLIGATIONS intestacy from the estate of the deceased, the
for an illegal purpose, the contract may be repudiated payment is valid and cannot be rescinded by the
by one of the parties before the purpose has been Art. 1423. Obligations are civil or natural. Civil payer.
accomplished, or before any damage has been obligations give a right of action to compel their
caused to a third person. In such case, the courts performance. Natural obligations, not being based on Art. 1430. When a will is declared void because it has
may, if the public interest will thus be subserved, allow positive law but on equity and natural law, do not not been executed in accordance with the formalities
the party repudiating the contract to recover the grant a right of action to enforce their performance, required by law, but one of the intestate heirs, after
money or property. but after voluntary fulfillment by the obligor, they the settlement of the debts of the deceased, pays a
authorize the retention of what has been delivered or legacy in compliance with a clause in the defective
Art. 1415. Where one of the parties to an illegal rendered by reason thereof. Some natural obligations will, the payment is effective and irrevocable.
contract is incapable of giving consent, the courts are set forth in the following articles.
may, if the interest of justice so demands allow Title IV. - ESTOPPEL (n)
recovery of money or property delivered by the Art. 1424. When a right to sue upon a civil obligation
incapacitated person. has lapsed by extinctive prescription, the obligor who Art. 1431. Through estoppel an admission or
voluntarily performs the contract cannot recover what representation is rendered conclusive upon the
Art. 1416. When the agreement is not illegal per se he has delivered or the value of the service he has person making it, and cannot be denied or disproved
but is merely prohibited, and the prohibition by the law rendered. as against the person relying thereon.
is designated for the protection of the plaintiff, he may,
if public policy is thereby enhanced, recover what he Art. 1425. When without the knowledge or against the Art. 1432. The principles of estoppel are hereby
has paid or delivered. will of the debtor, a third person pays a debt which the adopted insofar as they are not in conflict with the
obligor is not legally bound to pay because the action provisions of this Code, the Code of Commerce, the
Art. 1417. When the price of any article or commodity thereon has prescribed, but the debtor later voluntarily Rules of Court and special laws.
is determined by statute, or by authority of law, any reimburses the third person, the obligor cannot
person paying any amount in excess of the maximum recover what he has paid. Art. 1433. Estoppel may be in pais or by deed.
price allowed may recover such excess.
Art. 1426. When a minor between eighteen and Art. 1434. When a person who is not the owner of a
Art. 1418. When the law fixes, or authorizes the fixing twenty-one years of age who has entered into a thing sells or alienates and delivers it, and later the
of the maximum number of hours of labor, and a contract without the consent of the parent or guardian, seller or grantor acquires title thereto, such title
contract is entered into whereby a laborer undertakes after the annulment of the contract voluntarily returns passes by operation of law to the buyer or grantee.
 benefit the trust has been created is referred to as the disputably presumed that there is a gift in favor of the
Art. 1435. If a person in representation of another beneficiary. child.
sells or alienates a thing, the former cannot
subsequently set up his own title as against the buyer Art. 1441. Trusts are either express or implied. Art. 1449. There is also an implied trust when a
or grantee. Express trusts are created by the intention of the donation is made to a person but it appears that
trustor or of the parties. Implied trusts come into being although the legal estate is transmitted to the donee,
Art. 1436. A lessee or a bailee is estopped from by operation of law. he nevertheless is either to have no beneficial interest
asserting title to the thing leased or received, as or only a part thereof.
against the lessor or bailor. Art. 1442. The principles of the general law of trusts,
insofar as they are not in conflict with this Code, the Art. 1450. If the price of a sale of property is loaned or
Art. 1437. When in a contract between third persons Code of Commerce, the Rules of Court and special paid by one person for the benefit of another and the
concerning immovable property, one of them is misled laws are hereby adopted. conveyance is made to the lender or payor to secure
by a person with respect to the ownership or real right the payment of the debt, a trust arises by operation of
over the real estate, the latter is precluded from CHAPTER 2 law in favor of the person to whom the money is
asserting his legal title or interest therein, provided all EXPRESS TRUSTS loaned or for whom its is paid. The latter may redeem
these requisites are present: the property and compel a conveyance thereof to him.
Art. 1443. No express trusts concerning an
(1) There must be fraudulent representation or immovable or any interest therein may be proved by Art. 1451. When land passes by succession to any
wrongful concealment of facts known to the party parol evidence. person and he causes the legal title to be put in the
estopped; name of another, a trust is established by implication
Art. 1444. No particular words are required for the of law for the benefit of the true owner.
(2) The party precluded must intend that the other creation of an express trust, it being sufficient that a
should act upon the facts as misrepresented; trust is clearly intended. Art. 1452. If two or more persons agree to purchase
property and by common consent the legal title is
(3) The party misled must have been unaware of the Art. 1445. No trust shall fail because the trustee taken in the name of one of them for the benefit of all,
true facts; and appointed declines the designation, unless the a trust is created by force of law in favor of the others
contrary should appear in the instrument constituting in proportion to the interest of each.
(4) The party defrauded must have acted in the trust.
accordance with the misrepresentation. Art. 1453. When property is conveyed to a person in
Art. 1446. Acceptance by the beneficiary is necessary. reliance upon his declared intention to hold it for, or
Art. 1438. One who has allowed another to assume Nevertheless, if the trust imposes no onerous transfer it to another or the grantor, there is an implied
apparent ownership of personal property for the condition upon the beneficiary, his acceptance shall trust in favor of the person whose benefit is
purpose of making any transfer of it, cannot, if he be presumed, if there is no proof to the contrary. contemplated.
received the sum for which a pledge has been
constituted, set up his own title to defeat the pledge of CHAPTER 3 Art. 1454. If an absolute conveyance of property is
the property, made by the other to a pledgee who IMPLIED TRUSTS made in order to secure the performance of an
received the same in good faith and for value. obligation of the grantor toward the grantee, a trust by
Art. 1447. The enumeration of the following cases of virtue of law is established. If the fulfillment of the
Art. 1439. Estoppel is effective only as between the implied trust does not exclude others established by obligation is offered by the grantor when it becomes
parties thereto or their successors in interest. the general law of trust, but the limitation laid down in due, he may demand the reconveyance of the
Article 1442 shall be applicable. property to him.
Title V. - TRUSTS (n)
Art. 1448. There is an implied trust when property is Art. 1455. When any trustee, guardian or other person
CHAPTER 1 sold, and the legal estate is granted to one party but holding a fiduciary relationship uses trust funds for the
GENERAL PROVISIONS the price is paid by another for the purpose of having purchase of property and causes the conveyance to
the beneficial interest of the property. The former is be made to him or to a third person, a trust is
Art. 1440. A person who establishes a trust is called the trustee, while the latter is the beneficiary. established by operation of law in favor of the person
the trustor; one in whom confidence is reposed as However, if the person to whom the title is conveyed to whom the funds belong.
regards property for the benefit of another person is is a child, legitimate or illegitimate, of the one paying
known as the trustee; and the person for whose the price of the sale, no trust is implied by law, it being
Art. 1456. If property is acquired through mistake or the perfection of the contract of sale, in this Title exceeds the amount of the money or its equivalent;
fraud, the person obtaining it is, by force of law, called "future goods." otherwise, it is a sale. (1446a)
considered a trustee of an implied trust for the benefit
of the person from whom the property comes. There may be a contract of sale of goods, whose Art. 1469. In order that the price may be considered
acquisition by the seller depends upon a contingency certain, it shall be sufficient that it be so with
Art. 1457. An implied trust may be proved by oral which may or may not happen. (n) reference to another thing certain, or that the
evidence. determination thereof be left to the judgment of a
Art. 1463. The sole owner of a thing may sell an special person or persons.
Title VI. - SALES undivided interest therein. (n)
Should such person or persons be unable or unwilling
CHAPTER 1 Art. 1464. In the case of fungible goods, there may be to fix it, the contract shall be inefficacious, unless the
NATURE AND FORM OF THE CONTRACT a sale of an undivided share of a specific mass, parties subsequently agree upon the price.
though the seller purports to sell and the buyer to buy
Art. 1458. By the contract of sale one of the a definite number, weight or measure of the goods in If the third person or persons acted in bad faith or by
contracting parties obligates himself to transfer the the mass, and though the number, weight or measure mistake, the courts may fix the price.
ownership and to deliver a determinate thing, and the of the goods in the mass is undetermined. By such a
other to pay therefor a price certain in money or its sale the buyer becomes owner in common of such a Where such third person or persons are prevented
equivalent. share of the mass as the number, weight or measure from fixing the price or terms by fault of the seller or
bought bears to the number, weight or measure of the the buyer, the party not in fault may have such
A contract of sale may be absolute or conditional. mass. If the mass contains less than the number, remedies against the party in fault as are allowed the
(1445a) weight or measure bought, the buyer becomes the seller or the buyer, as the case may be. (1447a)
owner of the whole mass and the seller is bound to
Art. 1459. The thing must be licit and the vendor must make good the deficiency from goods of the same Art. 1470. Gross inadequacy of price does not affect a
have a right to transfer the ownership thereof at the kind and quality, unless a contrary intent appears. (n) contract of sale, except as it may indicate a defect in
time it is delivered. (n) the consent, or that the parties really intended a
Art. 1465. Things subject to a resolutory condition donation or some other act or contract. (n)
Art. 1460. A thing is determinate when it is particularly may be the object of the contract of sale. (n)
designated or physical segregated from all other of Art. 1471. If the price is simulated, the sale is void, but
the same class. Art. 1466. In construing a contract containing the act may be shown to have been in reality a
provisions characteristic of both the contract of sale donation, or some other act or contract. (n)
The requisite that a thing be determinate is satisfied if and of the contract of agency to sell, the essential
at the time the contract is entered into, the thing is clauses of the whole instrument shall be considered. Art. 1472. The price of securities, grain, liquids, and
capable of being made determinate without the (n) other things shall also be considered certain, when
necessity of a new or further agreement between the the price fixed is that which the thing sold would have
parties. (n) Art. 1467. A contract for the delivery at a certain price on a definite day, or in a particular exchange or
of an article which the vendor in the ordinary course market, or when an amount is fixed above or below
Art. 1461. Things having a potential existence may be of his business manufactures or procures for the the price on such day, or in such exchange or market,
the object of the contract of sale. general market, whether the same is on hand at the provided said amount be certain. (1448)
time or not, is a contract of sale, but if the goods are
The efficacy of the sale of a mere hope or expectancy to be manufactured specially for the customer and Art. 1473. The fixing of the price can never be left to
is deemed subject to the condition that the thing will upon his special order, and not for the general market, the discretion of one of the contracting parties.
come into existence. it is a contract for a piece of work. (n) However, if the price fixed by one of the parties is
accepted by the other, the sale is perfected. (1449a)
The sale of a vain hope or expectancy is void. (n) Art. 1468. If the consideration of the contract consists
partly in money, and partly in another thing, the Art. 1474. Where the price cannot be determined in
Art. 1462. The goods which form the subject of a transaction shall be characterized by the manifest accordance with the preceding articles, or in any other
contract of sale may be either existing goods, owned intention of the parties. If such intention does not manner, the contract is inefficacious. However, if the
or possessed by the seller, or goods to be clearly appear, it shall be considered a barter if the thing or any part thereof has been delivered to and
manufactured, raised, or acquired by the seller after value of the thing given as a part of the consideration appropriated by the buyer he must pay a reasonable
price therefor. What is a reasonable price is a
question of fact dependent on the circumstances of An accepted unilateral promise to buy or to sell a (1) Exact fulfillment of the obligation, should the
each particular case. (n) determinate thing for a price certain is binding upon vendee fail to pay;
the promissor if the promise is supported by a
Art. 1475. The contract of sale is perfected at the consideration distinct from the price. (1451a) (2) Cancel the sale, should the vendee's failure to pay
moment there is a meeting of minds upon the thing cover two or more installments;
which is the object of the contract and upon the price. Art. 1480. Any injury to or benefit from the thing sold,
after the contract has been perfected, from the (3) Foreclose the chattel mortgage on the thing sold, if
From that moment, the parties may reciprocally moment of the perfection of the contract to the time of one has been constituted, should the vendee's failure
demand performance, subject to the provisions of the delivery, shall be governed by Articles 1163 to 1165, to pay cover two or more installments. In this case, he
law governing the form of contracts. (1450a) and 1262. shall have no further action against the purchaser to
recover any unpaid balance of the price. Any
Art. 1476. In the case of a sale by auction: This rule shall apply to the sale of fungible things, agreement to the contrary shall be void. (1454-A-a)
made independently and for a single price, or without
(1) Where goods are put up for sale by auction in lots, consideration of their weight, number, or measure. Art. 1485. The preceding article shall be applied to
each lot is the subject of a separate contract of sale. contracts purporting to be leases of personal property
Should fungible things be sold for a price fixed with option to buy, when the lessor has deprived the
(2) A sale by auction is perfected when the auctioneer according to weight, number, or measure, the risk lessee of the possession or enjoyment of the thing.
announces its perfection by the fall of the hammer, or shall not be imputed to the vendee until they have (1454-A-a)
in other customary manner. Until such announcement been weighed, counted, or measured and delivered, Art. 1486. In the case referred to in two preceding
is made, any bidder may retract his bid; and the unless the latter has incurred in delay. (1452a) articles, a stipulation that the installments or rents
auctioneer may withdraw the goods from the sale paid shall not be returned to the vendee or lessee
unless the auction has been announced to be without Art. 1481. In the contract of sale of goods by shall be valid insofar as the same may not be
reserve. description or by sample, the contract may be unconscionable under the circumstances. (n)
rescinded if the bulk of the goods delivered do not
(3) A right to bid may be reserved expressly by or on correspond with the description or the sample, and if Art. 1487. The expenses for the execution and
behalf of the seller, unless otherwise provided by law the contract be by sample as well as description, it is registration of the sale shall be borne by the vendor,
or by stipulation. not sufficient that the bulk of goods correspond with unless there is a stipulation to the contrary. (1455a)
the sample if they do not also correspond with the
(4) Where notice has not been given that a sale by description. Art. 1488. The expropriation of property for public use
auction is subject to a right to bid on behalf of the is governed by special laws. (1456)
seller, it shall not be lawful for the seller to bid himself The buyer shall have a reasonable opportunity of
or to employ or induce any person to bid at such sale comparing the bulk with the description or the sample. CHAPTER 2
on his behalf or for the auctioneer, to employ or (n) CAPACITY TO BUY OR SELL
induce any person to bid at such sale on behalf of the
seller or knowingly to take any bid from the seller or Art. 1482. Whenever earnest money is given in a Art. 1489. All persons who are authorized in this Code
any person employed by him. Any sale contravening contract of sale, it shall be considered as part of the to obligate themselves, may enter into a contract of
this rule may be treated as fraudulent by the buyer. price and as proof of the perfection of the contract. sale, saving the modifications contained in the
(n) (1454a) following articles.

Art. 1477. The ownership of the thing sold shall be Art. 1483. Subject to the provisions of the Statute of Where necessaries are those sold and delivered to a
transferred to the vendee upon the actual or Frauds and of any other applicable statute, a contract minor or other person without capacity to act, he must
constructive delivery thereof. (n) of sale may be made in writing, or by word of mouth, pay a reasonable price therefor. Necessaries are
or partly in writing and partly by word of mouth, or those referred to in Article 290. (1457a)
Art. 1478. The parties may stipulate that ownership in may be inferred from the conduct of the parties. (n)
the thing shall not pass to the purchaser until he has Art. 1490. The husband and the wife cannot sell
fully paid the price. (n) Art. 1484. In a contract of sale of personal property property to each other, except:
the price of which is payable in installments, the
Art. 1479. A promise to buy and sell a determinate vendor may exercise any of the following remedies: (1) When a separation of property was agreed upon in
thing for a price certain is reciprocally demandable. the marriage settlements; or
(2) When there has been a judicial separation or has been entirely lost, the contract shall be without With regard to movable property, its delivery may also
property under Article 191. (1458a) any effect. be made by the delivery of the keys of the place or
depository where it is stored or kept. (1463a)
Art. 1491. The following persons cannot acquire by But if the thing should have been lost in part only, the
purchase, even at a public or judicial auction, either in vendee may choose between withdrawing from the Art. 1499. The delivery of movable property may
person or through the mediation of another: contract and demanding the remaining part, paying its likewise be made by the mere consent or agreement
price in proportion to the total sum agreed upon. of the contracting parties, if the thing sold cannot be
(1) The guardian, the property of the person or (1460a) transferred to the possession of the vendee at the
persons who may be under his guardianship; time of the sale, or if the latter already had it in his
Art. 1494. Where the parties purport a sale of specific possession for any other reason. (1463a)
(2) Agents, the property whose administration or sale goods, and the goods without the knowledge of the
may have been entrusted to them, unless the consent seller have perished in part or have wholly or in a Art. 1500. There may also be tradition constitutum
of the principal has been given; material part so deteriorated in quality as to be possessorium. (n)
substantially changed in character, the buyer may at
(3) Executors and administrators, the property of the his option treat the sale: Art. 1501. With respect to incorporeal property, the
estate under administration; provisions of the first paragraph of article 1498 shall
(1) As avoided; or govern. In any other case wherein said provisions are
(4) Public officers and employees, the property of the (2) As valid in all of the existing goods or in so much not applicable, the placing of the titles of ownership in
State or of any subdivision thereof, or of any thereof as have not deteriorated, and as binding the the possession of the vendee or the use by the
government-owned or controlled corporation, or buyer to pay the agreed price for the goods in which vendee of his rights, with the vendor's consent, shall
institution, the administration of which has been the ownership will pass, if the sale was divisible. (n) be understood as a delivery. (1464)
intrusted to them; this provision shall apply to judges
and government experts who, in any manner CHAPTER 4 Art. 1502. When goods are delivered to the buyer "on
whatsoever, take part in the sale; OBLIGATIONS OF THE VENDOR sale or return" to give the buyer an option to return the
goods instead of paying the price, the ownership
(5) Justices, judges, prosecuting attorneys, clerks of SECTION 1. - General Provisions passes to the buyer of delivery, but he may revest the
superior and inferior courts, and other officers and ownership in the seller by returning or tendering the
employees connected with the administration of Art. 1495. The vendor is bound to transfer the goods within the time fixed in the contract, or, if no
justice, the property and rights in litigation or levied ownership of and deliver, as well as warrant the thing time has been fixed, within a reasonable time. (n)
upon an execution before the court within whose which is the object of the sale. (1461a)
jurisdiction or territory they exercise their respective Art. 1496. The ownership of the thing sold is acquired When goods are delivered to the buyer on approval or
functions; this prohibition includes the act of acquiring by the vendee from the moment it is delivered to him on trial or on satisfaction, or other similar terms, the
by assignment and shall apply to lawyers, with in any of the ways specified in Articles 1497 to 1501, ownership therein passes to the buyer:
respect to the property and rights which may be the or in any other manner signifying an agreement that
object of any litigation in which they may take part by the possession is transferred from the vendor to the (1) When he signifies his approval or acceptance to
virtue of their profession. vendee. (n) the seller or does any other act adopting the
transaction;
(6) Any others specially disqualified by law. (1459a) SECTION 2. - Delivery of the Thing Sold
(2) If he does not signify his approval or acceptance
Art. 1492. The prohibitions in the two preceding Art. 1497. The thing sold shall be understood as to the seller, but retains the goods without giving
articles are applicable to sales in legal redemption, delivered, when it is placed in the control and notice of rejection, then if a time has been fixed for
compromises and renunciations. (n) possession of the vendee. (1462a) the return of the goods, on the expiration of such time,
and, if no time has been fixed, on the expiration of a
CHAPTER 3 Art. 1498. When the sale is made through a public reasonable time. What is a reasonable time is a
EFFECTS OF THE CONTRACT instrument, the execution thereof shall be equivalent question of fact. (n)
WHEN THE THING SOLD HAS BEEN LOST to the delivery of the thing which is the object of the
contract, if from the deed the contrary does not Art. 1503. When there is a contract of sale of specific
Art. 1493. If at the time the contract of sale is appear or cannot clearly be inferred. goods, the seller may, by the terms of the contract,
perfected, the thing which is the object of the contract reserve the right of possession or ownership in the
goods until certain conditions have been fulfilled. The
right of possession or ownership may be thus (1) Where delivery of the goods has been made to the (1) Where by the terms of the document the carrier,
reserved notwithstanding the delivery of the goods to buyer or to a bailee for the buyer, in pursuance of the warehouseman or other bailee issuing the same
the buyer or to a carrier or other bailee for the contract and the ownership in the goods has been undertakes to deliver the goods to the bearer; or
purpose of transmission to the buyer. retained by the seller merely to secure performance
by the buyer of his obligations under the contract, the (2) Where by the terms of the document the carrier,
Where goods are shipped, and by the bill of lading the goods are at the buyer's risk from the time of such warehouseman or other bailee issuing the same
goods are deliverable to the seller or his agent, or to delivery; undertakes to deliver the goods to the order of a
the order of the seller or of his agent, the seller specified person, and such person or a subsequent
thereby reserves the ownership in the goods. But, if (2) Where actual delivery has been delayed through endorsee of the document has indorsed it in blank or
except for the form of the bill of lading, the ownership the fault of either the buyer or seller the goods are at to the bearer.
would have passed to the buyer on shipment of the the risk of the party in fault. (n)
goods, the seller's property in the goods shall be Where by the terms of a negotiable document of title
deemed to be only for the purpose of securing Art. 1505. Subject to the provisions of this Title, where the goods are deliverable to bearer or where a
performance by the buyer of his obligations under the goods are sold by a person who is not the owner negotiable document of title has been indorsed in
contract. thereof, and who does not sell them under authority or blank or to bearer, any holder may indorse the same
with the consent of the owner, the buyer acquires no to himself or to any specified person, and in such
Where goods are shipped, and by the bill of lading the better title to the goods than the seller had, unless the case the document shall thereafter be negotiated only
goods are deliverable to order of the buyer or of his owner of the goods is by his conduct precluded from by the endorsement of such endorsee. (n)
agent, but possession of the bill of lading is retained denying the seller's authority to sell.
by the seller or his agent, the seller thereby reserves Nothing in this Title, however, shall affect: Art. 1509. A negotiable document of title may be
a right to the possession of the goods as against the negotiated by the endorsement of the person to
buyer. (1) The provisions of any factors' act, recording laws, whose order the goods are by the terms of the
or any other provision of law enabling the apparent document deliverable. Such endorsement may be in
Where the seller of goods draws on the buyer for the owner of goods to dispose of them as if he were the blank, to bearer or to a specified person. If indorsed to
price and transmits the bill of exchange and bill of true owner thereof; a specified person, it may be again negotiated by the
lading together to the buyer to secure acceptance or endorsement of such person in blank, to bearer or to
payment of the bill of exchange, the buyer is bound to (2) The validity of any contract of sale under statutory another specified person. Subsequent negotiations
return the bill of lading if he does not honor the bill of power of sale or under the order of a court of may be made in like manner. (n)
exchange, and if he wrongfully retains the bill of competent jurisdiction;
lading he acquires no added right thereby. If, Art. 1510. If a document of title which contains an
however, the bill of lading provides that the goods are (3) Purchases made in a merchant's store, or in fairs, undertaking by a carrier, warehouseman or other
deliverable to the buyer or to the order of the buyer, or or markets, in accordance with the Code of bailee to deliver the goods to bearer, to a specified
is indorsed in blank, or to the buyer by the consignee Commerce and special laws. (n) person or order of a specified person or which
named therein, one who purchases in good faith, for contains words of like import, has placed upon it the
value, the bill of lading, or goods from the buyer will Art. 1506. Where the seller of goods has a voidable words "not negotiable," "non-negotiable" or the like,
obtain the ownership in the goods, although the bill of title thereto, but his title has not been avoided at the such document may nevertheless be negotiated by
exchange has not been honored, provided that such time of the sale, the buyer acquires a good title to the the holder and is a negotiable document of title within
purchaser has received delivery of the bill of lading goods, provided he buys them in good faith, for value, the meaning of this Title. But nothing in this Title
indorsed by the consignee named therein, or of the and without notice of the seller's defect of title. (n) contained shall be construed as limiting or defining
goods, without notice of the facts making the transfer the effect upon the obligations of the carrier,
wrongful. (n) Art. 1507. A document of title in which it is stated that warehouseman, or other bailee issuing a document of
the goods referred to therein will be delivered to the title or placing thereon the words "not negotiable,"
Art. 1504. Unless otherwise agreed, the goods remain bearer, or to the order of any person named in such "non-negotiable," or the like. (n)
at the seller's risk until the ownership therein is document is a negotiable document of title. (n)
transferred to the buyer, but when the ownership Art. 1511. A document of title which is not in such form
therein is transferred to the buyer the goods are at the Art. 1508. A negotiable document of title may be that it can be negotiated by delivery may be
buyer's risk whether actual delivery has been made or negotiated by delivery: transferred by the holder by delivery to a purchaser or
not, except that: donee. A non-negotiable document cannot be
negotiated and the endorsement of such a document
gives the transferee no additional right. (n)
 subsequent purchaser from the transfer of a
Art. 1512. A negotiable document of title may be subsequent sale of the goods by the transferor. (n) Art. 1519. If goods are delivered to a bailee by the
negotiated: owner or by a person whose act in conveying the title
Art. 1515. Where a negotiable document of title is to them to a purchaser in good faith for value would
(1) By the owner therefor; or transferred for value by delivery, and the endorsement bind the owner and a negotiable document of title is
of the transferor is essential for negotiation, the issued for them they cannot thereafter, while in
(2) By any person to whom the possession or custody transferee acquires a right against the transferor to possession of such bailee, be attached by
of the document has been entrusted by the owner, if, compel him to endorse the document unless a garnishment or otherwise or be levied under an
by the terms of the document the bailee issuing the contrary intention appears. The negotiation shall take execution unless the document be first surrendered to
document undertakes to deliver the goods to the effect as of the time when the endorsement is actually the bailee or its negotiation enjoined. The bailee shall
order of the person to whom the possession or made. (n) in no case be compelled to deliver up the actual
custody of the document has been entrusted, or if at possession of the goods until the document is
the time of such entrusting the document is in such Art. 1516. A person who for value negotiates or surrendered to him or impounded by the court. (n)
form that it may be negotiated by delivery. (n) transfers a document of title by endorsement or
delivery, including one who assigns for value a claim Art. 1520. A creditor whose debtor is the owner of a
Art. 1513. A person to whom a negotiable document secured by a document of title unless a contrary negotiable document of title shall be entitled to such
of title has been duly negotiated acquires thereby: intention appears, warrants: aid from courts of appropriate jurisdiction by injunction
and otherwise in attaching such document or in
(1) Such title to the goods as the person negotiating (1) That the document is genuine; satisfying the claim by means thereof as is allowed at
the document to him had or had ability to convey to a law or in equity in regard to property which cannot
purchaser in good faith for value and also such title to (2) That he has a legal right to negotiate or transfer it; readily be attached or levied upon by ordinary legal
the goods as the person to whose order the goods process. (n)
were to be delivered by the terms of the document (3) That he has knowledge of no fact which would
had or had ability to convey to a purchaser in good impair the validity or worth of the document; and Art. 1521. Whether it is for the buyer to take
faith for value; and possession of the goods or of the seller to send them
(4) That he has a right to transfer the title to the goods to the buyer is a question depending in each case on
(2) The direct obligation of the bailee issuing the and that the goods are merchantable or fit for a the contract, express or implied, between the parties.
document to hold possession of the goods for him particular purpose, whenever such warranties would Apart from any such contract, express or implied, or
according to the terms of the document as fully as if have been implied if the contract of the parties had usage of trade to the contrary, the place of delivery is
such bailee had contracted directly with him. (n) been to transfer without a document of title the goods the seller's place of business if he has one, and if not
represented thereby. (n) his residence; but in case of a contract of sale of
Art. 1514. A person to whom a document of title has specific goods, which to the knowledge of the parties
been transferred, but not negotiated, acquires Art. 1517. The endorsement of a document of title when the contract or the sale was made were in some
thereby, as against the transferor, the title to the shall not make the endorser liable for any failure on other place, then that place is the place of delivery.
goods, subject to the terms of any agreement with the the part of the bailee who issued the document or
transferor. previous endorsers thereof to fulfill their respective Where by a contract of sale the seller is bound to
If the document is non-negotiable, such person also obligations. (n) send the goods to the buyer, but no time for sending
acquires the right to notify the bailee who issued the them is fixed, the seller is bound to send them within
document of the transfer thereof, and thereby to Art. 1518. The validity of the negotiation of a a reasonable time.
acquire the direct obligation of such bailee to hold negotiable document of title is not impaired by the fact
possession of the goods for him according to the that the negotiation was a breach of duty on the part Where the goods at the time of sale are in the
terms of the document. of the person making the negotiation, or by the fact possession of a third person, the seller has not
that the owner of the document was deprived of the fulfilled his obligation to deliver to the buyer unless
Prior to the notification to such bailee by the transferor possession of the same by loss, theft, fraud, accident, and until such third person acknowledges to the buyer
or transferee of a non-negotiable document of title, mistake, duress, or conversion, if the person to whom that he holds the goods on the buyer's behalf.
the title of the transferee to the goods and the right to the document was negotiated or a person to whom
acquire the obligation of such bailee may be defeated the document was subsequently negotiated paid Demand or tender of delivery may be treated as
by the levy of an attachment of execution upon the value therefor in good faith without notice of the ineffectual unless made at a reasonable hour. What is
goods by a creditor of the transferor, or by a breach of duty, or loss, theft, fraud, accident, mistake, a reasonable hour is a question of fact.
notification to such bailee by the transferor or a duress or conversion. (n)
Unless otherwise agreed, the expenses of and lost or damaged in course of transit, the buyer may (4) A right to rescind the sale as likewise limited by
incidental to putting the goods into a deliverable state decline to treat the delivery to the carrier as a delivery this Title.
must be borne by the seller. (n) to himself, or may hold the seller responsible in
damages. Where the ownership in the goods has not passed to
Art. 1522. Where the seller delivers to the buyer a the buyer, the unpaid seller has, in addition to his
quantity of goods less than he contracted to sell, the Unless otherwise agreed, where goods are sent by other remedies a right of withholding delivery similar
buyer may reject them, but if the buyer accepts or the seller to the buyer under circumstances in which to and coextensive with his rights of lien and stoppage
retains the goods so delivered, knowing that the seller the seller knows or ought to know that it is usual to in transitu where the ownership has passed to the
is not going to perform the contract in full, he must insure, the seller must give such notice to the buyer buyer. (n)
pay for them at the contract rate. If, however, the as may enable him to insure them during their transit,
buyer has used or disposed of the goods delivered and, if the seller fails to do so, the goods shall be Art. 1527. Subject to the provisions of this Title, the
before he knows that the seller is not going to perform deemed to be at his risk during such transit. (n) unpaid seller of goods who is in possession of them is
his contract in full, the buyer shall not be liable for entitled to retain possession of them until payment or
more than the fair value to him of the goods so Art. 1524. The vendor shall not be bound to deliver tender of the price in the following cases, namely:
received. the thing sold, if the vendee has not paid him the
price, or if no period for the payment has been fixed in (1) Where the goods have been sold without any
Where the seller delivers to the buyer a quantity of the contract. (1466) stipulation as to credit;
goods larger than he contracted to sell, the buyer may
accept the goods included in the contract and reject Art. 1525. The seller of goods is deemed to be an (2) Where the goods have been sold on credit, but the
the rest. If the buyer accepts the whole of the goods unpaid seller within the meaning of this Title: term of credit has expired;
so delivered he must pay for them at the contract rate.
(1) When the whole of the price has not been paid or (3) Where the buyer becomes insolvent.
Where the seller delivers to the buyer the goods he tendered;
contracted to sell mixed with goods of a different The seller may exercise his right of lien
description not included in the contract, the buyer may (2) When a bill of exchange or other negotiable notwithstanding that he is in possession of the goods
accept the goods which are in accordance with the instrument has been received as conditional payment, as agent or bailee for the buyer. (n)
contract and reject the rest. and the condition on which it was received has been
broken by reason of the dishonor of the instrument, Art. 1528. Where an unpaid seller has made part
In the preceding two paragraphs, if the subject matter the insolvency of the buyer, or otherwise. delivery of the goods, he may exercise his right of lien
is indivisible, the buyer may reject the whole of the on the remainder, unless such part delivery has been
goods. In Articles 1525 to 1535 the term "seller" includes an made under such circumstances as to show an intent
agent of the seller to whom the bill of lading has been to waive the lien or right of retention. (n)
The provisions of this article are subject to any usage indorsed, or a consignor or agent who has himself
of trade, special agreement, or course of dealing paid, or is directly responsible for the price, or any Art. 1529. The unpaid seller of goods loses his lien
between the parties. (n) other person who is in the position of a seller. (n) thereon:

Art. 1523. Where, in pursuance of a contract of sale, Art. 1526. Subject to the provisions of this Title, (1) When he delivers the goods to a carrier or other
the seller is authorized or required to send the goods notwithstanding that the ownership in the goods may bailee for the purpose of transmission to the buyer
to the buyer, delivery of the goods to a carrier, have passed to the buyer, the unpaid seller of goods, without reserving the ownership in the goods or the
whether named by the buyer or not, for the purpose of as such, has: right to the possession thereof;
transmission to the buyer is deemed to be a delivery
of the goods to the buyer, except in the case provided (1) A lien on the goods or right to retain them for the (2) When the buyer or his agent lawfully obtains
for in Article 1503, first, second and third paragraphs, price while he is in possession of them; possession of the goods;
or unless a contrary intent appears.
(2) In case of the insolvency of the buyer, a right of (3) By waiver thereof.
Unless otherwise authorized by the buyer, the seller stopping the goods in transitu after he has parted with
must make such contract with the carrier on behalf of the possession of them; The unpaid seller of goods, having a lien thereon,
the buyer as may be reasonable, having regard to the does not lose his lien by reason only that he has
nature of the goods and the other circumstances of (3) A right of resale as limited by this Title; obtained judgment or decree for the price of the
the case. If the seller omit so to do, and the goods are goods. (n)
 If part delivery of the goods has been made to the not based on the perishable nature of the goods or
Art. 1530. Subject to the provisions of this Title, when buyer, or his agent in that behalf, the remainder of the upon an express provision of the contract of sale, the
the buyer of goods is or becomes insolvent, the goods may be stopped in transitu, unless such part giving or failure to give such notice shall be relevant in
unpaid seller who has parted with the possession of delivery has been under such circumstances as to any issue involving the question whether the buyer
the goods has the right of stopping them in transitu, show an agreement with the buyer to give up had been in default for an unreasonable time before
that is to say, he may resume possession of the possession of the whole of the goods. (n) the resale was made.
goods at any time while they are in transit, and he will
then become entitled to the same rights in regard to Art. 1532. The unpaid seller may exercise his right of It is not essential to the validity of a resale that notice
the goods as he would have had if he had never stoppage in transitu either by obtaining actual of the time and place of such resale should be given
parted with the possession. (n) possession of the goods or by giving notice of his by the seller to the original buyer.
claim to the carrier or other bailee in whose
Art. 1531. Goods are in transit within the meaning of possession the goods are. Such notice may be given The seller is bound to exercise reasonable care and
the preceding article: either to the person in actual possession of the goods judgment in making a resale, and subject to this
or to his principal. In the latter case the notice, to be requirement may make a resale either by public or
(1) From the time when they are delivered to a carrier effectual, must be given at such time and under such private sale. He cannot, however, directly or indirectly
by land, water, or air, or other bailee for the purpose circumstances that the principal, by the exercise of buy the goods. (n)
of transmission to the buyer, until the buyer, or his reasonable diligence, may prevent a delivery to the
agent in that behalf, takes delivery of them from such buyer. Art. 1534. An unpaid seller having the right of lien or
carrier or other bailee; having stopped the goods in transitu, may rescind the
When notice of stoppage in transitu is given by the transfer of title and resume the ownership in the
(2) If the goods are rejected by the buyer, and the seller to the carrier, or other bailee in possession of goods, where he expressly reserved the right to do so
carrier or other bailee continues in possession of the goods, he must redeliver the goods to, or in case the buyer should make default, or where the
them, even if the seller has refused to receive them according to the directions of, the seller. The buyer has been in default in the payment of the price
back. expenses of such delivery must be borne by the for an unreasonable time. The seller shall not
seller. If, however, a negotiable document of title thereafter be liable to the buyer upon the contract of
Goods are no longer in transit within the meaning of representing the goods has been issued by the carrier sale, but may recover from the buyer damages for
the preceding article: or other bailee, he shall not obliged to deliver or any loss occasioned by the breach of the contract.
justified in delivering the goods to the seller unless
(1) If the buyer, or his agent in that behalf, obtains such document is first surrendered for cancellation. The transfer of title shall not be held to have been
delivery of the goods before their arrival at the (n) rescinded by an unpaid seller until he has manifested
appointed destination; by notice to the buyer or by some other overt act an
Art. 1533. Where the goods are of perishable nature, intention to rescind. It is not necessary that such overt
(2) If, after the arrival of the goods at the appointed or where the seller expressly reserves the right of act should be communicated to the buyer, but the
destination, the carrier or other bailee acknowledges resale in case the buyer should make default, or giving or failure to give notice to the buyer of the
to the buyer or his agent that he holds the goods on where the buyer has been in default in the payment of intention to rescind shall be relevant in any issue
his behalf and continues in possession of them as the price for an unreasonable time, an unpaid seller involving the question whether the buyer had been in
bailee for the buyer or his agent; and it is immaterial having a right of lien or having stopped the goods in default for an unreasonable time before the right of
that further destination for the goods may have been transitu may resell the goods. He shall not thereafter rescission was asserted. (n)
indicated by the buyer; be liable to the original buyer upon the contract of
sale or for any profit made by such resale, but may Art. 1535. Subject to the provisions of this Title, the
(3) If the carrier or other bailee wrongfully refuses to recover from the buyer damages for any loss unpaid seller's right of lien or stoppage in transitu is
deliver the goods to the buyer or his agent in that occasioned by the breach of the contract of sale. not affected by any sale, or other disposition of the
behalf. goods which the buyer may have made, unless the
Where a resale is made, as authorized in this article, seller has assented thereto.
If the goods are delivered to a ship, freight train, truck, the buyer acquires a good title as against the original
or airplane chartered by the buyer, it is a question buyer. If, however, a negotiable document of title has been
depending on the circumstances of the particular issued for goods, no seller's lien or right of stoppage
case, whether they are in the possession of the It is not essential to the validity of resale that notice of in transitu shall defeat the right of any purchaser for
carrier as such or as agent of the buyer. an intention to resell the goods be given by the seller value in good faith to whom such document has been
to the original buyer. But where the right to resell is negotiated, whether such negotiation be prior or
subsequent to the notification to the carrier, or other Art. 1540. If, in the case of the preceding article, there
bailee who issued such document, of the seller's is a greater area or number in the immovable than Art. 1545. Where the obligation of either party to a
claim to a lien or right of stoppage in transitu. (n) that stated in the contract, the vendee may accept the contract of sale is subject to any condition which is
area included in the contract and reject the rest. If he not performed, such party may refuse to proceed with
Art. 1536. The vendor is not bound to deliver the thing accepts the whole area, he must pay for the same at the contract or he may waive performance of the
sold in case the vendee should lose the right to make the contract rate. (1470a) condition. If the other party has promised that the
use of the terms as provided in Article 1198. (1467a) condition should happen or be performed, such first
Art. 1541. The provisions of the two preceding articles mentioned party may also treat the nonperformance
Art. 1537. The vendor is bound to deliver the thing shall apply to judicial sales. (n) of the condition as a breach of warranty.
sold and its accessions and accessories in the Where the ownership in the thing has not passed, the
condition in which they were upon the perfection of Art. 1542. In the sale of real estate, made for a lump buyer may treat the fulfillment by the seller of his
the contract. sum and not at the rate of a certain sum for a unit of obligation to deliver the same as described and as
measure or number, there shall be no increase or warranted expressly or by implication in the contract
All the fruits shall pertain to the vendee from the day decrease of the price, although there be a greater or of sale as a condition of the obligation of the buyer to
on which the contract was perfected. (1468a) less area or number than that stated in the contract. perform his promise to accept and pay for the thing.
(n)
Art. 1538. In case of loss, deterioration or The same rule shall be applied when two or more
improvement of the thing before its delivery, the rules immovables as sold for a single price; but if, besides Art. 1546. Any affirmation of fact or any promise by
in Article 1189 shall be observed, the vendor being mentioning the boundaries, which is indispensable in the seller relating to the thing is an express warranty if
considered the debtor. (n) every conveyance of real estate, its area or number the natural tendency of such affirmation or promise is
should be designated in the contract, the vendor shall to induce the buyer to purchase the same, and if the
Art. 1539. The obligation to deliver the thing sold be bound to deliver all that is included within said buyer purchase the thing relying thereon. No
includes that of placing in the control of the vendee all boundaries, even when it exceeds the area or number affirmation of the value of the thing, nor any statement
that is mentioned in the contract, in conformity with specified in the contract; and, should he not be able to purporting to be a statement of the seller's opinion
the following rules: do so, he shall suffer a reduction in the price, in only, shall be construed as a warranty, unless the
proportion to what is lacking in the area or number, seller made such affirmation or statement as an
If the sale of real estate should be made with a unless the contract is rescinded because the vendee expert and it was relied upon by the buyer. (n)
statement of its area, at the rate of a certain price for does not accede to the failure to deliver what has
a unit of measure or number, the vendor shall be been stipulated. (1471) Art. 1547. In a contract of sale, unless a contrary
obliged to deliver to the vendee, if the latter should intention appears, there is:
demand it, all that may have been stated in the Art. 1543. The actions arising from Articles 1539 and
contract; but, should this be not possible, the vendee 1542 shall prescribe in six months, counted from the (1) An implied warranty on the part of the seller that
may choose between a proportional reduction of the day of delivery. (1472a) he has a right to sell the thing at the time when the
price and the rescission of the contract, provided that, ownership is to pass, and that the buyer shall from
in the latter case, the lack in the area be not less than Art. 1544. If the same thing should have been sold to that time have and enjoy the legal and peaceful
one-tenth of that stated. different vendees, the ownership shall be transferred possession of the thing;
to the person who may have first taken possession
The same shall be done, even when the area is the thereof in good faith, if it should be movable property. (2) An implied warranty that the thing shall be free
same, if any part of the immovable is not of the quality from any hidden faults or defects, or any charge or
specified in the contract. Should it be immovable property, the ownership shall encumbrance not declared or known to the buyer.
belong to the person acquiring it who in good faith first
The rescission, in this case, shall only take place at recorded it in the Registry of Property. This Article shall not, however, be held to render liable
the will of the vendee, when the inferior value of the a sheriff, auctioneer, mortgagee, pledgee, or other
thing sold exceeds one-tenth of the price agreed Should there be no inscription, the ownership shall person professing to sell by virtue of authority in fact
upon. pertain to the person who in good faith was first in the or law, for the sale of a thing in which a third person
possession; and, in the absence thereof, to the has a legal or equitable interest. (n)
Nevertheless, if the vendee would not have bought person who presents the oldest title, provided there is
the immovable had he known of its smaller area of good faith. (1473) SUBSECTION 1. - Warranty in Case of Eviction
inferior quality, he may rescind the sale. (1469a)
SECTION 3. - Conditions and Warranties
Art. 1548. Eviction shall take place whenever by a (2) The income or fruits, if he has been ordered to thereof, he may ask for the rescission of the contract,
final judgment based on a right prior to the sale or an deliver them to the party who won the suit against unless he should prefer the appropriate indemnity.
act imputable to the vendor, the vendee is deprived of him; Neither right can be exercised if the non-apparent
the whole or of a part of the thing purchased. burden or servitude is recorded in the Registry of
The vendor shall answer for the eviction even though (3) The costs of the suit which caused the eviction, Property, unless there is an express warranty that the
nothing has been said in the contract on the subject. and, in a proper case, those of the suit brought thing is free from all burdens and encumbrances.
against the vendor for the warranty;
The contracting parties, however, may increase, Within one year, to be computed from the execution of
diminish, or suppress this legal obligation of the (4) The expenses of the contract, if the vendee has the deed, the vendee may bring the action for
vendor. (1475a) paid them; rescission, or sue for damages.

Art. 1549. The vendee need not appeal from the (5) The damages and interests, and ornamental One year having elapsed, he may only bring an action
decision in order that the vendor may become liable expenses, if the sale was made in bad faith. (1478) for damages within an equal period, to be counted
for eviction. (n) from the date on which he discovered the burden or
Art. 1556. Should the vendee lose, by reason of the servitude. (1483a)
Art. 1550. When adverse possession had been eviction, a part of the thing sold of such importance, in
commenced before the sale but the prescriptive relation to the whole, that he would not have bought it SUBSECTION 2. - Warranty Against Hidden Defects
period is completed after the transfer, the vendor shall without said part, he may demand the rescission of of or Encumbrances Upon the Thing Sold
not be liable for eviction. (n) the contract; but with the obligation to return the thing
without other encumbrances that those which it had Art. 1561. The vendor shall be responsible for
Art. 1551. If the property is sold for nonpayment of when he acquired it. warranty against the hidden defects which the thing
taxes due and not made known to the vendee before He may exercise this right of action, instead of sold may have, should they render it unfit for the use
the sale, the vendor is liable for eviction. (n) enforcing the vendor's liability for eviction. for which it is intended, or should they diminish its
fitness for such use to such an extent that, had the
Art. 1552. The judgment debtor is also responsible for The same rule shall be observed when two or more vendee been aware thereof, he would not have
eviction in judicial sales, unless it is otherwise things have been jointly sold for a lump sum, or for a acquired it or would have given a lower price for it; but
decreed in the judgment. (n) separate price for each of them, if it should clearly said vendor shall not be answerable for patent defects
appear that the vendee would not have purchased or those which may be visible, or for those which are
Art. 1553. Any stipulation exempting the vendor from one without the other. (1479a) not visible if the vendee is an expert who, by reason
the obligation to answer for eviction shall be void, if he of his trade or profession, should have known them.
acted in bad faith. (1476) Art. 1557. The warranty cannot be enforced until a (1484a)
final judgment has been rendered, whereby the
Art. 1554. If the vendee has renounced the right to vendee loses the thing acquired or a part thereof. Art. 1562. In a sale of goods, there is an implied
warranty in case of eviction, and eviction should take (1480) warranty or condition as to the quality or fitness of the
place, the vendor shall only pay the value which the goods, as follows:
thing sold had at the time of the eviction. Should the Art. 1558. The vendor shall not be obliged to make
vendee have made the waiver with knowledge of the good the proper warranty, unless he is summoned in (1) Where the buyer, expressly or by implication,
risks of eviction and assumed its consequences, the the suit for eviction at the instance of the vendee. makes known to the seller the particular purpose for
vendor shall not be liable. (1477) (1481a) which the goods are acquired, and it appears that the
buyer relies on the seller's skill or judgment (whether
Art. 1555. When the warranty has been agreed upon Art. 1559. The defendant vendee shall ask, within the he be the grower or manufacturer or not), there is an
or nothing has been stipulated on this point, in case time fixed in the Rules of Court for answering the implied warranty that the goods shall be reasonably fit
eviction occurs, the vendee shall have the right to complaint, that the vendor be made a co-defendant. for such purpose;
demand of the vendor: (1482a)
(2) Where the goods are brought by description from
(1) The return of the value which the thing sold had at Art. 1560. If the immovable sold should be a seller who deals in goods of that description
the time of the eviction, be it greater or less than the encumbered with any non-apparent burden or (whether he be the grower or manufacturer or not),
price of the sale; servitude, not mentioned in the agreement, of such a there is an implied warranty that the goods shall be of
nature that it must be presumed that the vendee merchantable quality. (n)
would not have acquired it had he been aware
Art. 1563. In the case of contract of sale of a specified Art. 1570. The preceding articles of this Subsection Art. 1577. The redhibitory action, based on the faults
article under its patent or other trade name, there is shall be applicable to judicial sales, except that the or defects of animals, must be brought within forty
no warranty as to its fitness for any particular judgment debtor shall not be liable for damages. days from the date of their delivery to the vendee.
purpose, unless there is a stipulation to the contrary. (1489a)
(n) This action can only be exercised with respect to
Art. 1571. Actions arising from the provisions of the faults and defects which are determined by law or by
Art. 1564. An implied warranty or condition as to the preceding ten articles shall be barred after six local customs. (1496a)
quality or fitness for a particular purpose may be months, from the delivery of the thing sold. (1490)
annexed by the usage of trade. (n) Art. 1578. If the animal should die within three days
Art. 1572. If two or more animals are sold together, after its purchase, the vendor shall be liable if the
Art. 1565. In the case of a contract of sale by sample, whether for a lump sum or for a separate price for disease which cause the death existed at the time of
if the seller is a dealer in goods of that kind, there is each of them, the redhibitory defect of one shall only the contract. (1497a)
an implied warranty that the goods shall be free from give rise to its redhibition, and not that of the others;
any defect rendering them unmerchantable which unless it should appear that the vendee would not Art. 1579. If the sale be rescinded, the animal shall be
would not be apparent on reasonable examination of have purchased the sound animal or animals without returned in the condition in which it was sold and
the sample. (n) the defective one. delivered, the vendee being answerable for any injury
due to his negligence, and not arising from the
Art. 1566. The vendor is responsible to the vendee for The latter case shall be presumed when a team, yoke redhibitory fault or defect. (1498)
any hidden faults or defects in the thing sold, even pair, or set is bought, even if a separate price has
though he was not aware thereof. been fixed for each one of the animals composing the Art. 1580. In the sale of animals with redhibitory
same. (1491) defects, the vendee shall also enjoy the right
This provision shall not apply if the contrary has been mentioned in article 1567; but he must make use
stipulated, and the vendor was not aware of the Art. 1573. The provisions of the preceding article with thereof within the same period which has been fixed
hidden faults or defects in the thing sold. (1485) respect to the sale of animals shall in like manner be for the exercise of the redhibitory action. (1499)
applicable to the sale of other things. (1492)
Art. 1567. In the cases of Articles 1561, 1562, 1564, Art. 1581. The form of sale of large cattle shall be
1565 and 1566, the vendee may elect between Art. 1574. There is no warranty against hidden governed by special laws. (n)
withdrawing from the contract and demanding a defects of animals sold at fairs or at public auctions,
proportionate reduction of the price, with damages in or of live stock sold as condemned. (1493a) CHAPTER 5
either case. (1486a) OBLIGATIONS OF THE VENDEE
Art. 1575. The sale of animals suffering from
Art. 1568. If the thing sold should be lost in contagious diseases shall be void. Art. 1582. The vendee is bound to accept delivery and
consequence of the hidden faults, and the vendor was to pay the price of the thing sold at the time and place
aware of them, he shall bear the loss, and shall be A contract of sale of animals shall also be void if the stipulated in the contract.
obliged to return the price and refund the expenses of use or service for which they are acquired has been If the time and place should not have been stipulated,
the contract, with damages. If he was not aware of stated in the contract, and they are found to be unfit the payment must be made at the time and place of
them, he shall only return the price and interest therefor. (1494a) the delivery of the thing sold. (1500a)
thereon, and reimburse the expenses of the contract
which the vendee might have paid. (1487a) Art. 1576. If the hidden defect of animals, even in Art. 1583. Unless otherwise agreed, the buyer of
case a professional inspection has been made, goods is not bound to accept delivery thereof by
Art. 1569. If the thing sold had any hidden fault at the should be of such a nature that expert knowledge is installments.
time of the sale, and should thereafter be lost by a not sufficient to discover it, the defect shall be
fortuitous event or through the fault of the vendee, the considered as redhibitory. Where there is a contract of sale of goods to be
latter may demand of the vendor the price which he delivered by stated installments, which are to be
paid, less the value which the thing had when it was But if the veterinarian, through ignorance or bad faith separately paid for, and the seller makes defective
lost. should fail to discover or disclose it, he shall be liable deliveries in respect of one or more instalments, or
for damages. (1495) the buyer neglects or refuses without just cause to
If the vendor acted in bad faith, he shall pay damages take delivery of or pay for one more instalments, it
to the vendee. (1488a) depends in each case on the terms of the contract
and the circumstances of the case, whether the
breach of contract is so material as to justify the knows, or ought to know of such breach, the seller Art. 1592. In the sale of immovable property, even
injured party in refusing to proceed further and suing shall not be liable therefor. (n) though it may have been stipulated that upon failure
for damages for breach of the entire contract, or to pay the price at the time agreed upon the
whether the breach is severable, giving rise to a claim Art. 1587. Unless otherwise agreed, where goods are rescission of the contract shall of right take place, the
for compensation but not to a right to treat the whole delivered to the buyer, and he refuses to accept them, vendee may pay, even after the expiration of the
contract as broken. (n) having the right so to do, he is not bound to return period, as long as no demand for rescission of the
them to the seller, but it is sufficient if he notifies the contract has been made upon him either judicially or
Art. 1584. Where goods are delivered to the buyer, seller that he refuses to accept them. If he voluntarily by a notarial act. After the demand, the court may not
which he has not previously examined, he is not constitutes himself a depositary thereof, he shall be grant him a new term. (1504a)
deemed to have accepted them unless and until he liable as such. (n)
has had a reasonable opportunity of examining them Art. 1593. With respect to movable property, the
for the purpose of ascertaining whether they are in Art. 1588. If there is no stipulation as specified in the rescission of the sale shall of right take place in the
conformity with the contract if there is no stipulation to first paragraph of article 1523, when the buyer's interest of the vendor, if the vendee, upon the
the contrary. refusal to accept the goods is without just cause, the expiration of the period fixed for the delivery of the
title thereto passes to him from the moment they are thing, should not have appeared to receive it, or,
Unless otherwise agreed, when the seller tenders placed at his disposal. (n) having appeared, he should not have tendered the
delivery of goods to the buyer, he is bound, on price at the same time, unless a longer period has
request, to afford the buyer a reasonable opportunity Art. 1589. The vendee shall owe interest for the been stipulated for its payment. (1505)
of examining the goods for the purpose of period between the delivery of the thing and the
ascertaining whether they are in conformity with the payment of the price, in the following three cases: CHAPTER 6
contract. ACTIONS FOR BREACH OF CONTRACT OF SALE
(1) Should it have been so stipulated; OF GOODS
Where goods are delivered to a carrier by the seller,
in accordance with an order from or agreement with (2) Should the thing sold and delivered produce fruits Art. 1594. Actions for breach of the contract of sale of
the buyer, upon the terms that the goods shall not be or income; goods shall be governed particularly by the provisions
delivered by the carrier to the buyer until he has paid of this Chapter, and as to matters not specifically
the price, whether such terms are indicated by (3) Should he be in default, from the time of judicial or provided for herein, by other applicable provisions of
marking the goods with the words "collect on extrajudicial demand for the payment of the price. this Title. (n)
delivery," or otherwise, the buyer is not entitled to (1501a)
examine the goods before the payment of the price, in Art. 1595. Where, under a contract of sale, the
the absence of agreement or usage of trade Art. 1590. Should the vendee be disturbed in the ownership of the goods has passed to the buyer and
permitting such examination. (n) possession or ownership of the thing acquired, or he wrongfully neglects or refuses to pay for the goods
should he have reasonable grounds to fear such according to the terms of the contract of sale, the
Art. 1585. The buyer is deemed to have accepted the disturbance, by a vindicatory action or a foreclosure of seller may maintain an action against him for the price
goods when he intimates to the seller that he has mortgage, he may suspend the payment of the price of the goods.
accepted them, or when the goods have been until the vendor has caused the disturbance or danger
delivered to him, and he does any act in relation to to cease, unless the latter gives security for the return Where, under a contract of sale, the price is payable
them which is inconsistent with the ownership of the of the price in a proper case, or it has been stipulated on a certain day, irrespective of delivery or of transfer
seller, or when, after the lapse of a reasonable time, that, notwithstanding any such contingency, the of title and the buyer wrongfully neglects or refuses to
he retains the goods without intimating to the seller vendee shall be bound to make the payment. A mere pay such price, the seller may maintain an action for
that he has rejected them. (n) act of trespass shall not authorize the suspension of the price although the ownership in the goods has not
the payment of the price. (1502a) passed. But it shall be a defense to such an action
Art. 1586. In the absence of express or implied Art. 1591. Should the vendor have reasonable that the seller at any time before the judgment in such
agreement of the parties, acceptance of the goods by grounds to fear the loss of immovable property sold action has manifested an inability to perform the
the buyer shall not discharge the seller from liability in and its price, he may immediately sue for the contract of sale on his part or an intention not to
damages or other legal remedy for breach of any rescission of the sale. perform it.
promise or warranty in the contract of sale. But, if,
after acceptance of the goods, the buyer fails to give Should such ground not exist, the provisions of Article Although the ownership in the goods has not passed,
notice to the seller of the breach in any promise of 1191 shall be observed. (1503) if they cannot readily be resold for a reasonable price,
warranty within a reasonable time after the buyer and if the provisions of article 1596, fourth paragraph,
are not applicable, the seller may offer to deliver the unconditional, or upon such terms and conditions as goods, or immediately after an offer to return the
goods to the buyer, and, if the buyer refuses to to damages, payment of the price and otherwise, as goods in exchange for repayment of the price.
receive them, may notify the buyer that the goods are the court may deem just. (n)
thereafter held by the seller as bailee for the buyer. Where the buyer is entitled to rescind the sale and
Thereafter the seller may treat the goods as the Art. 1599. Where there is a breach of warranty by the elects to do so, if the seller refuses to accept an offer
buyer's and may maintain an action for the price. (n) seller, the buyer may, at his election: of the buyer to return the goods, the buyer shall
thereafter be deemed to hold the goods as bailee for
Art. 1596. Where the buyer wrongfully neglects or (1) Accept or keep the goods and set up against the the seller, but subject to a lien to secure payment of
refuses to accept and pay for the goods, the seller seller, the breach of warranty by way of recoupment in any portion of the price which has been paid, and with
may maintain an action against him for damages for diminution or extinction of the price; the remedies for the enforcement of such lien allowed
nonacceptance. to an unpaid seller by Article 1526.
(2) Accept or keep the goods and maintain an action
The measure of damages is the estimated loss against the seller for damages for the breach of (5) In the case of breach of warranty of quality, such
directly and naturally resulting in the ordinary course warranty; loss, in the absence of special circumstances showing
of events from the buyer's breach of contract. proximate damage of a greater amount, is the
(3) Refuse to accept the goods, and maintain an difference between the value of the goods at the time
Where there is an available market for the goods in action against the seller for damages for the breach of of delivery to the buyer and the value they would have
question, the measure of damages is, in the absence warranty; had if they had answered to the warranty. (n)
of special circumstances showing proximate damage
of a different amount, the difference between the (4) Rescind the contract of sale and refuse to receive CHAPTER 7
contract price and the market or current price at the the goods or if the goods have already been received, EXTINGUISHMENT OF SALE
time or times when the goods ought to have been return them or offer to return them to the seller and
accepted, or, if no time was fixed for acceptance, then recover the price or any part thereof which has been Art. 1600. Sales are extinguished by the same causes
at the time of the refusal to accept. paid. as all other obligations, by those stated in the
preceding articles of this Title, and by conventional or
If, while labor or expense of material amount is When the buyer has claimed and been granted a legal redemption. (1506)
necessary on the part of the seller to enable him to remedy in anyone of these ways, no other remedy
fulfill his obligations under the contract of sale, the can thereafter be granted, without prejudice to the SECTION 1. - Conventional Redemption
buyer repudiates the contract or notifies the seller to provisions of the second paragraph of Article 1191.
proceed no further therewith, the buyer shall be liable Art. 1601. Conventional redemption shall take place
to the seller for labor performed or expenses made Where the goods have been delivered to the buyer, when the vendor reserves the right to repurchase the
before receiving notice of the buyer's repudiation or he cannot rescind the sale if he knew of the breach of thing sold, with the obligation to comply with the
countermand. The profit the seller would have made if warranty when he accepted the goods without protest, provisions of Article 1616 and other stipulations which
the contract or the sale had been fully performed shall or if he fails to notify the seller within a reasonable may have been agreed upon. (1507)
be considered in awarding the damages. (n) time of the election to rescind, or if he fails to return or
to offer to return the goods to the seller in Art. 1602. The contract shall be presumed to be an
Art. 1597. Where the goods have not been delivered substantially as good condition as they were in at the equitable mortgage, in any of the following cases:
to the buyer, and the buyer has repudiated the time the ownership was transferred to the buyer. But if
contract of sale, or has manifested his inability to deterioration or injury of the goods is due to the (1) When the price of a sale with right to repurchase is
perform his obligations thereunder, or has committed breach or warranty, such deterioration or injury shall unusually inadequate;
a breach thereof, the seller may totally rescind the not prevent the buyer from returning or offering to
contract of sale by giving notice of his election so to return the goods to the seller and rescinding the sale. (2) When the vendor remains in possession as lessee
do to the buyer. (n) or otherwise;
Where the buyer is entitled to rescind the sale and
Art. 1598. Where the seller has broken a contract to elects to do so, he shall cease to be liable for the (3) When upon or after the expiration of the right to
deliver specific or ascertained goods, a court may, on price upon returning or offering to return the goods. If repurchase another instrument extending the period
the application of the buyer, direct that the contract the price or any part thereof has already been paid, of redemption or granting a new period is executed;
shall be performed specifically, without giving the the seller shall be liable to repay so much thereof as
seller the option of retaining the goods on payment of has been paid, concurrently with the return of the (4) When the purchaser retains for himself a part of
damages. The judgment or decree may be the purchase price;
 without prejudice to the provisions of the Mortgage for redemption may be instituted against him for the
(5) When the vendor binds himself to pay the taxes on Law and the Land Registration Law with respect to whole. (1517)
the thing sold; third persons. (1510)
Art. 1616. The vendor cannot avail himself of the right
(6) In any other case where it may be fairly inferred Art. 1609. The vendee is subrogated to the vendor's of repurchase without returning to the vendee the
that the real intention of the parties is that the rights and actions. (1511) price of the sale, and in addition:
transaction shall secure the payment of a debt or the
performance of any other obligation. Art. 1610. The creditors of the vendor cannot make (1) The expenses of the contract, and any other
use of the right of redemption against the vendee, legitimate payments made by reason of the sale;
In any of the foregoing cases, any money, fruits, or until after they have exhausted the property of the
other benefit to be received by the vendee as rent or vendor. (1512) (2) The necessary and useful expenses made on the
otherwise shall be considered as interest which shall thing sold. (1518)
be subject to the usury laws. (n) Art. 1611. In a sale with a right to repurchase, the
vendee of a part of an undivided immovable who Art. 1617. If at the time of the execution of the sale
Art. 1603. In case of doubt, a contract purporting to be acquires the whole thereof in the case of article 498, there should be on the land, visible or growing fruits,
a sale with right to repurchase shall be construed as may compel the vendor to redeem the whole property, there shall be no reimbursement for or prorating of
an equitable mortgage. (n) if the latter wishes to make use of the right of those existing at the time of redemption, if no
redemption. (1513) indemnity was paid by the purchaser when the sale
Art. 1604. The provisions of Article 1602 shall also was executed.
apply to a contract purporting to be an absolute sale. Art. 1612. If several persons, jointly and in the same
(n) contract, should sell an undivided immovable with a Should there have been no fruits at the time of the
right of repurchase, none of them may exercise this sale and some exist at the time of redemption, they
Art. 1605. In the cases referred to in Articles 1602 and right for more than his respective share. shall be prorated between the redemptioner and the
1604, the apparent vendor may ask for the vendee, giving the latter the part corresponding to the
reformation of the instrument. (n) The same rule shall apply if the person who sold an time he possessed the land in the last year, counted
immovable alone has left several heirs, in which case from the anniversary of the date of the sale. (1519a)
Art. 1606. The right referred to in Article 1601, in the each of the latter may only redeem the part which he
absence of an express agreement, shall last four may have acquired. (1514) Art. 1618. The vendor who recovers the thing sold
years from the date of the contract. shall receive it free from all charges or mortgages
Art. 1613. In the case of the preceding article, the constituted by the vendee, but he shall respect the
Should there be an agreement, the period cannot vendee may demand of all the vendors or co-heirs leases which the latter may have executed in good
exceed ten years. that they come to an agreement upon the purchase of faith, and in accordance with the custom of the place
the whole thing sold; and should they fail to do so, the where the land is situated. (1520)
However, the vendor may still exercise the right to vendee cannot be compelled to consent to a partial
repurchase within thirty days from the time final redemption. (1515) SECTION 2. - Legal Redemption
judgment was rendered in a civil action on the basis
that the contract was a true sale with right to Art. 1614. Each one of the co-owners of an undivided Art. 1619. Legal redemption is the right to be
repurchase. (1508a) immovable who may have sold his share separately, subrogated, upon the same terms and conditions
may independently exercise the right of repurchase stipulated in the contract, in the place of one who
Art. 1607. In case of real property, the consolidation of as regards his own share, and the vendee cannot acquires a thing by purchase or dation in payment, or
ownership in the vendee by virtue of the failure of the compel him to redeem the whole property. (1516) by any other transaction whereby ownership is
vendor to comply with the provisions of article 1616 transmitted by onerous title. (1521a)
shall not be recorded in the Registry of Property Art. 1615. If the vendee should leave several heirs,
without a judicial order, after the vendor has been duly the action for redemption cannot be brought against Art. 1620. A co-owner of a thing may exercise the
heard. (n) each of them except for his own share, whether the right of redemption in case the shares of all the other
thing be undivided, or it has been partitioned among co-owners or of any of them, are sold to a third
Art. 1608. The vendor may bring his action against them. person. If the price of the alienation is grossly
every possessor whose right is derived from the excessive, the redemptioner shall pay only a
vendee, even if in the second contract no mention But if the inheritance has been divided, and the thing reasonable one.
should have been made of the right to repurchase, sold has been awarded to one of the heirs, the action
Should two or more co-owners desire to exercise the CHAPTER 8 Art. 1630. One who sells an inheritance without
right of redemption, they may only do so in proportion ASSIGNMENT OF CREDITS AND OTHER enumerating the things of which it is composed, shall
to the share they may respectively have in the thing INCORPOREAL RIGHTS only be answerable for his character as an heir.
owned in common. (1522a) (1531)
Art. 1624. An assignment of creditors and other
Art. 1621. The owners of adjoining lands shall also incorporeal rights shall be perfected in accordance Art. 1631. One who sells for a lump sum the whole of
have the right of redemption when a piece of rural with the provisions of Article 1475. (n) certain rights, rents, or products, shall comply by
land, the area of which does not exceed one hectare, answering for the legitimacy of the whole in general;
is alienated, unless the grantee does not own any Art. 1625. An assignment of a credit, right or action but he shall not be obliged to warrant each of the
rural land. shall produce no effect as against third person, unless various parts of which it may be composed, except in
it appears in a public instrument, or the instrument is the case of eviction from the whole or the part of
This right is not applicable to adjacent lands which are recorded in the Registry of Property in case the greater value. (1532a)
separated by brooks, drains, ravines, roads and other assignment involves real property. (1526)
apparent servitudes for the benefit of other estates. Art. 1632. Should the vendor have profited by some of
Art. 1626. The debtor who, before having knowledge the fruits or received anything from the inheritance
If two or more adjoining owners desire to exercise the of the assignment, pays his creditor shall be released sold, he shall pay the vendee thereof, if the contrary
right of redemption at the same time, the owner of the from the obligation. (1527) has not been stipulated. (1533)
adjoining land of smaller area shall be preferred; and
should both lands have the same area, the one who Art. 1627. The assignment of a credit includes all the Art. 1633. The vendee shall, on his part, reimburse
first requested the redemption. (1523a) accessory rights, such as a guaranty, mortgage, the vendor for all that the latter may have paid for the
pledge or preference. (1528) debts of and charges on the estate and satisfy the
Art. 1622. Whenever a piece of urban land which is so credits he may have against the same, unless there is
small and so situated that a major portion thereof Art. 1628. The vendor in good faith shall be an agreement to the contrary. (1534)
cannot be used for any practical purpose within a responsible for the existence and legality of the credit
reasonable time, having been bought merely for at the time of the sale, unless it should have been Art. 1634. When a credit or other incorporeal right in
speculation, is about to be re-sold, the owner of any sold as doubtful; but not for the solvency of the litigation is sold, the debtor shall have a right to
adjoining land has a right of pre-emption at a debtor, unless it has been so expressly stipulated or extinguish it by reimbursing the assignee for the price
reasonable price. unless the insolvency was prior to the sale and of the latter paid therefor, the judicial costs incurred by
common knowledge. him, and the interest on the price from the day on
If the re-sale has been perfected, the owner of the which the same was paid.
adjoining land shall have a right of redemption, also at Even in these cases he shall only be liable for the
a reasonable price. price received and for the expenses specified in No. 1 A credit or other incorporeal right shall be considered
of Article 1616. in litigation from the time the complaint concerning the
When two or more owners of adjoining lands wish to same is answered.
exercise the right of pre-emption or redemption, the The vendor in bad faith shall always be answerable
owner whose intended use of the land in question for the payment of all expenses, and for damages. The debtor may exercise his right within thirty days
appears best justified shall be preferred. (n) (1529) from the date the assignee demands payment from
him. (1535)
Art. 1623. The right of legal pre-emption or Art. 1629. In case the assignor in good faith should
redemption shall not be exercised except within thirty have made himself responsible for the solvency of the Art. 1635. From the provisions of the preceding article
days from the notice in writing by the prospective debtor, and the contracting parties should not have shall be excepted the assignments or sales made:
vendor, or by the vendor, as the case may be. The agreed upon the duration of the liability, it shall last for
deed of sale shall not be recorded in the Registry of one year only, from the time of the assignment if the (1) To a co-heir or co-owner of the right assigned;
Property, unless accompanied by an affidavit of the period had already expired.
vendor that he has given written notice thereof to all (2) To a creditor in payment of his credit;
possible redemptioners. If the credit should be payable within a term or period
which has not yet expired, the liability shall cease one (3) To the possessor of a tenement or piece of land
The right of redemption of co-owners excludes that of year after the maturity. (1530a) which is subject to the right in litigation assigned.
adjoining owners. (1524a) (1536)
CHAPTER 9 merely to be exhibited or when they are accessory to
GENERAL PROVISIONS Art. 1638. By the contract of barter or exchange one an industrial establishment. (1545a)
of the parties binds himself to give one thing in
Art. 1636. In the preceding articles in this Title consideration of the other's promise to give another CHAPTER 2
governing the sale of goods, unless the context or thing. (1538a) LEASE OF RURAL AND URBAN LANDS
subject matter otherwise requires:
Art. 1639. If one of the contracting parties, having SECTION 1. - General Provisions
(1) "Document of title to goods" includes any bill of received the thing promised him in barter, should
lading, dock warrant, "quedan," or warehouse receipt prove that it did not belong to the person who gave it, Art. 1646. The persons disqualified to buy referred to
or order for the delivery of goods, or any other he cannot be compelled to deliver that which he in Articles 1490 and 1491, are also disqualified to
document used in the ordinary course of business in offered in exchange, but he shall be entitled to become lessees of the things mentioned therein. (n)
the sale or transfer of goods, as proof of the damages. (1539a)
possession or control of the goods, or authorizing or Art. 1647. If a lease is to be recorded in the Registry
purporting to authorize the possessor of the document Art. 1640. One who loses by eviction the thing of Property, the following persons cannot constitute
to transfer or receive, either by endorsement or by received in barter may recover that which he gave in the same without proper authority: the husband with
delivery, goods represented by such document. exchange with a right to damages, or he may only respect to the wife's paraphernal real estate, the
"Goods" includes all chattels personal but not things demand an indemnity for damages. However, he can father or guardian as to the property of the minor or
in action or money of legal tender in the Philippines. only make use of the right to recover the thing which ward, and the manager without special power.
The term includes growing fruits or crops. he has delivered while the same remains in the (1548a)
possession of the other party, and without prejudice to
"Order" relating to documents of title means an order the rights acquired in good faith in the meantime by a Art. 1648. Every lease of real estate may be recorded
by endorsement on the documents. third person. (1540a) in the Registry of Property. Unless a lease is
recorded, it shall not be binding upon third persons.
"Quality of goods" includes their state or condition. Art. 1641. As to all matters not specifically provided (1549a)
for in this Title, barter shall be governed by the
"Specific goods" means goods identified and agreed provisions of the preceding Title relating to sales. Art. 1649. The lessee cannot assign the lease without
upon at the time a contract of sale is made. (1541a) the consent of the lessor, unless there is a stipulation
to the contrary. (n)
An antecedent or pre-existing claim, whether for Title VIII. - LEASE
money or not, constitutes "value" where goods or Art. 1650. When in the contract of lease of things
documents of title are taken either in satisfaction CHAPTER 1 there is no express prohibition, the lessee may sublet
thereof or as security therefor. GENERAL PROVISIONS the thing leased, in whole or in part, without prejudice
to his responsibility for the performance of the
(2) A person is insolvent within the meaning of this Art. 1642. The contract of lease may be of things, or contract toward the lessor. (1550)
Title who either has ceased to pay his debts in the of work and service. (1542)
ordinary course of business or cannot pay his debts Art. 1651. Without prejudice to his obligation toward
as they become due, whether insolvency proceedings Art. 1643. In the lease of things, one of the parties the sublessor, the sublessee is bound to the lessor for
have been commenced or not. binds himself to give to another the enjoyment or use all acts which refer to the use and preservation of the
of a thing for a price certain, and for a period which thing leased in the manner stipulated between the
(3) Goods are in a "deliverable state" within the may be definite or indefinite. However, no lease for lessor and the lessee. (1551)
meaning of this Title when they are in such a state more than ninety-nine years shall be valid. (1543a)
that the buyer would, under the contract, be bound to Art. 1652. The sublessee is subsidiarily liable to the
take delivery of them. (n) Art. 1644. In the lease of work or service, one of the lessor for any rent due from the lessee. However, the
parties binds himself to execute a piece of work or to sublessee shall not be responsible beyond the
Art. 1637. The provisions of this Title are subject to render to the other some service for a price certain, amount of rent due from him, in accordance with the
the rules laid down by the Mortgage Law and the but the relation of principal and agent does not exist terms of the sublease, at the time of the extrajudicial
Land Registration Law with regard to immovable between them. (1544a) demand by the lessor.
property. (1537a)
Art. 1645. Consumable goods cannot be the subject Payments of rent in advance by the sublessee shall
Title VII. - BARTER OR EXCHANGE matter of a contract of lease, except when they are be deemed not to have been made, so far as the
lessor's claim is concerned, unless said payments from the nature of the thing leased, according to the Art. 1663. The lessee is obliged to bring to the
were effected in virtue of the custom of the place. custom of the place; knowledge of the proprietor, within the shortest
(1552a) possible time, every usurpation or untoward act which
(3) To pay expenses for the deed of lease. (1555) any third person may have committed or may be
Art. 1653. The provisions governing warranty, openly preparing to carry out upon the thing leased.
contained in the Title on Sales, shall be applicable to Art. 1658. The lessee may suspend the payment of
the contract of lease. the rent in case the lessor fails to make the necessary He is also obliged to advise the owner, with the same
repairs or to maintain the lessee in peaceful and urgency, of the need of all repairs included in No. 2 of
In the cases where the return of the price is required, adequate enjoyment of the property leased. (n) Article 1654.
reduction shall be made in proportion to the time
during which the lessee enjoyed the thing. (1553) Art. 1659. If the lessor or the lessee should not In both cases the lessee shall be liable for the
comply with the obligations set forth in Articles 1654 damages which, through his negligence, may be
SECTION 2. - Rights and Obligations of the Lessor and 1657, the aggrieved party may ask for the suffered by the proprietor.
and the Lessee rescission of the contract and indemnification for
damages, or only the latter, allowing the contract to If the lessor fails to make urgent repairs, the lessee, in
Art. 1654. The lessor is obliged: remain in force. (1556) order to avoid an imminent danger, may order the
repairs at the lessor's cost. (1559a)
(1) To deliver the thing which is the object of the Art. 1660. If a dwelling place or any other building
contract in such a condition as to render it fit for the intended for human habitation is in such a condition Art. 1664. The lessor is not obliged to answer for a
use intended; that its use brings imminent and serious danger to life mere act of trespass which a third person may cause
or health, the lessee may terminate the lease at once on the use of the thing leased; but the lessee shall
(2) To make on the same during the lease all the by notifying the lessor, even if at the time the contract have a direct action against the intruder.
necessary repairs in order to keep it suitable for the was perfected the former knew of the dangerous
use to which it has been devoted, unless there is a condition or waived the right to rescind the lease on There is a mere act of trespass when the third person
stipulation to the contrary; account of this condition. (n) claims no right whatever. (1560a)

(3) To maintain the lessee in the peaceful and Art. 1661. The lessor cannot alter the form of the thing Art. 1665. The lessee shall return the thing leased,
adequate enjoyment of the lease for the entire leased in such a way as to impair the use to which the upon the termination of the lease, as he received it,
duration of the contract. (1554a) thing is devoted under the terms of the lease. (1557a) save what has been lost or impaired by the lapse of
time, or by ordinary wear and tear, or from an
Art. 1655. If the thing leased is totally destroyed by a Art. 1662. If during the lease it should become inevitable cause. (1561a)
fortuitous event, the lease is extinguished. If the necessary to make some urgent repairs upon the
destruction is partial, the lessee may choose between thing leased, which cannot be deferred until the Art. 1666. In the absence of a statement concerning
a proportional reduction of the rent and a rescission of termination of the lease, the lessee is obliged to the condition of the thing at the time the lease was
the lease. (n) tolerate the work, although it may be very annoying to constituted, the law presumes that the lessee
him, and although during the same, he may be received it in good condition, unless there is proof to
Art. 1656. The lessor of a business or industrial deprived of a part of the premises. the contrary. (1562)
establishment may continue engaging in the same
business or industry to which the lessee devotes the If the repairs last more than forty days the rent shall Art. 1667. The lessee is responsible for the
thing leased, unless there is a stipulation to the be reduced in proportion to the time - including the deterioration or loss of the thing leased, unless he
contrary. (n) first forty days - and the part of the property of which proves that it took place without his fault. This burden
the lessee has been deprived. of proof on the lessee does not apply when the
Art. 1657. The lessee is obliged: destruction is due to earthquake, flood, storm or other
When the work is of such a nature that the portion natural calamity. (1563a)
(1) To pay the price of the lease according to the which the lessee and his family need for their dwelling
terms stipulated; becomes uninhabitable, he may rescind the contract if Art. 1668. The lessee is liable for any deterioration
the main purpose of the lease is to provide a dwelling caused by members of his household and by guests
(2) To use the thing leased as a diligent father of a place for the lessee. (1558a) and visitors. (1564a)
family, devoting it to the use stipulated; and in the
absence of stipulation, to that which may be inferred
Art. 1669. If the lease was made for a determinate article shall be counted from the time the appeal is not choose to retain them by paying their value at the
time, it ceases upon the day fixed, without the need of perfected. (n) time the lease is extinguished. (n)
a demand. (1565)
Art. 1675. Except in cases stated in Article 1673, the Art. 1679. If nothing has been stipulated concerning
Art. 1670. If at the end of the contract the lessee lessee shall have a right to make use of the periods the place and the time for the payment of the lease,
should continue enjoying the thing leased for fifteen established in Articles 1682 and 1687. (1570) the provisions or Article 1251 shall be observed as
days with the acquiescence of the lessor, and unless regards the place; and with respect to the time, the
a notice to the contrary by either party has previously Art. 1676. The purchaser of a piece of land which is custom of the place shall be followed. (1574)
been given, it is understood that there is an implied under a lease that is not recorded in the Registry of
new lease, not for the period of the original contract, Property may terminate the lease, save when there is SECTION 3. - Special Provisions for Leases of Rural
but for the time established in Articles 1682 and 1687. a stipulation to the contrary in the contract of sale, or Lands
The other terms of the original contract shall be when the purchaser knows of the existence of the
revived. (1566a) lease. Art. 1680. The lessee shall have no right to a
reduction of the rent on account of the sterility of the
Art. 1671. If the lessee continues enjoying the thing If the buyer makes use of this right, the lessee may land leased, or by reason of the loss of fruits due to
after the expiration of the contract, over the lessor's demand that he be allowed to gather the fruits of the ordinary fortuitous events; but he shall have such right
objection, the former shall be subject to the harvest which corresponds to the current agricultural in case of the loss of more than one-half of the fruits
responsibilities of a possessor in bad faith. (n) year and that the vendor indemnify him for damages through extraordinary and unforeseen fortuitous
suffered. events, save always when there is a specific
Art. 1672. In case of an implied new lease, the stipulation to the contrary.
obligations contracted by a third person for the If the sale is fictitious, for the purpose of extinguishing
security of the principal contract shall cease with the lease, the supposed vendee cannot make use of Extraordinary fortuitous events are understood to be:
respect to the new lease. (1567) the right granted in the first paragraph of this article. fire, war, pestilence, unusual flood, locusts,
The sale is presumed to be fictitious if at the time the earthquake, or others which are uncommon, and
Art. 1673. The lessor may judicially eject the lessee supposed vendee demands the termination of the which the contracting parties could not have
for any of the following causes: lease, the sale is not recorded in the Registry of reasonably foreseen. (1575)
Property. (1571a)
(1) When the period agreed upon, or that which is Art. 1681. Neither does the lessee have any right to a
fixed for the duration of leases under Articles 1682 Art. 1677. The purchaser in a sale with the right of reduction of the rent if the fruits are lost after they
and 1687, has expired; redemption cannot make use of the power to eject the have been separated from their stalk, root or trunk.
lessee until the end of the period for the redemption. (1576)
(2) Lack of payment of the price stipulated; (1572)
Art. 1682. The lease of a piece of rural land, when its
(3) Violation of any of the conditions agreed upon in Art. 1678. If the lessee makes, in good faith, useful duration has not been fixed, is understood to have
the contract; improvements which are suitable to the use for which been for all the time necessary for the gathering of the
the lease is intended, without altering the form or fruits which the whole estate leased may yield in one
(4) When the lessee devotes the thing leased to any substance of the property leased, the lessor upon the year, or which it may yield once, although two or more
use or service not stipulated which causes the termination of the lease shall pay the lessee one-half years have to elapse for the purpose. (1577a)
deterioration thereof; or if he does not observe the of the value of the improvements at that time. Should
requirement in No. 2 of Article 1657, as regards the the lessor refuse to reimburse said amount, the Art. 1683. The outgoing lessee shall allow the
use thereof. lessee may remove the improvements, even though incoming lessee or the lessor the use of the premises
the principal thing may suffer damage thereby. He and other means necessary for the preparatory labor
The ejectment of tenants of agricultural lands is shall not, however, cause any more impairment upon for the following year; and, reciprocally, the incoming
governed by special laws. (1569a) the property leased than is necessary. lessee or the lessor is under obligation to permit the
Art. 1674. In ejectment cases where an appeal is outgoing lessee to do whatever may be necessary for
taken the remedy granted in Article 539, second With regard to ornamental expenses, the lessee shall the gathering or harvesting and utilization of the fruits,
paragraph, shall also apply, if the higher court is not be entitled to any reimbursement, but he may all in accordance with the custom of the place.
satisfied that the lessee's appeal is frivolous or remove the ornamental objects, provided no damage (1578a)
dilatory, or that the lessor's appeal is prima facie is caused to the principal thing, and the lessor does
meritorious. The period of ten days referred to in said
Art. 1684. Land tenancy on shares shall be governed Art. 1690. The head of the family shall furnish, free of
by special laws, the stipulations of the parties, the charge, to the house helper, suitable and sanitary (1) If the compensation is paid by the day, notice may
provisions on partnership and by the customs of the quarters as well as adequate food and medical be given on any day that the service shall end at the
place. (1579a) attendance. close of the following day;

Art. 1685. The tenant on shares cannot be ejected Art. 1691. If the house helper is under the age of (2) If the compensation is paid by the week, notice
except in cases specified by law. (n) eighteen years, the head of the family shall give an may be given, at the latest on the first business day of
opportunity to the house helper for at least elementary the week, that the service shall be terminated at the
SECTION 4. - Special Provisions of the Lease of education. The cost of such education shall be a part end of the seventh day from the beginning of the
Urban Lands of the house helper's compensation, unless there is a week;
stipulation to the contrary.
Art. 1686. In default of a special stipulation, the (3) If the compensation is paid by the month, notice
custom of the place shall be observed with regard to Art. 1692. No contract for household service shall last may be given, at the latest, on the fifth day of the
the kind of repairs on urban property for which the for more than two years. However, such contract may month, that the service shall cease at the end of the
lessor shall be liable. In case of doubt it is understood be renewed from year to year. month.
that the repairs are chargeable against him. (1580a)
Art. 1693. The house helper's clothes shall be subject Art. 1699. Upon the extinguishment of the service
Art. 1687. If the period for the lease has not been to stipulation. However, any contract for household relation, the house helper may demand from the head
fixed, it is understood to be from year to year, if the service shall be void if thereby the house helper of the family a written statement on the nature and
rent agreed upon is annual; from month to month, if it cannot afford to acquire suitable clothing. duration of the service and the efficiency and conduct
is monthly; from week to week, if the rent is weekly; of the house helper.
and from day to day, if the rent is to be paid daily. Art. 1694. The head of the family shall treat the house
However, even though a monthly rent is paid, and no helper in a just and humane manner. In no case shall SECTION 2. - Contract of Labor (n)
period for the lease has been set, the courts may fix a physical violence be used upon the house helper.
longer term for the lease after the lessee has Art. 1700. The relations between capital and labor are
occupied the premises for over one year. If the rent is Art. 1695. House helper shall not be required to work not merely contractual. They are so impressed with
weekly, the courts may likewise determine a longer more than ten hours a day. Every house helper shall public interest that labor contracts must yield to the
period after the lessee has been in possession for be allowed four days' vacation each month, with pay. common good. Therefore, such contracts are subject
over six months. In case of daily rent, the courts may to the special laws on labor unions, collective
also fix a longer period after the lessee has stayed in Art. 1696. In case of death of the house helper, the bargaining, strikes and lockouts, closed shop, wages,
the place for over one month. (1581a) head of the family shall bear the funeral expenses if working conditions, hours of labor and similar
the house helper has no relatives in the place where subjects.
Art. 1688. When the lessor of a house, or part thereof, the head of the family lives, with sufficient means
used as a dwelling for a family, or when the lessor of therefor. Art. 1701. Neither capital nor labor shall act
a store, or industrial establishment, also leases the oppressively against the other, or impair the interest
furniture, the lease of the latter shall be deemed to be Art. 1697. If the period for household service is fixed or convenience of the public.
for the duration of the lease of the premises. (1582) neither the head of the family nor the house helper
may terminate the contract before the expiration of Art. 1702. In case of doubt, all labor legislation and all
CHAPTER 3 the term, except for a just cause. If the house helper labor contracts shall be construed in favor of the
WORK AND LABOR is unjustly dismissed, he shall be paid the safety and decent living for the laborer.
compensation already earned plus that for fifteen
SECTION 1. - Household Service (n) days by way of indemnity. If the house helper leaves Art. 1703. No contract which practically amounts to
without justifiable reason, he shall forfeit any salary involuntary servitude, under any guise whatsoever,
Art. 1689. Household service shall always be due him and unpaid, for not exceeding fifteen days. shall be valid.
reasonably compensated. Any stipulation that
household service is without compensation shall be Art. 1698. If the duration of the household service is Art. 1704. In collective bargaining, the labor union or
void. Such compensation shall be in addition to the not determined either by stipulation or by the nature of members of the board or committee signing the
house helper's lodging, food, and medical attendance. the service, the head of the family or the house helper contract shall be liable for non-fulfillment thereof.
may give notice to put an end to the service relation,
according to the following rules:
Art. 1705. The laborer's wages shall be paid in legal compensation. The contractor may either employ only
currency. his labor or skill, or also furnish the material. (1588a) Art. 1720. The price or compensation shall be paid at
the time and place of delivery of the work, unless
Art. 1706. Withholding of the wages, except for a debt Art. 1714. If the contractor agrees to produce the work there is a stipulation to the contrary. If the work is to
due, shall not be made by the employer. from material furnished by him, he shall deliver the be delivered partially, the price or compensation for
thing produced to the employer and transfer dominion each part having been fixed, the sum shall be paid at
Art. 1707. The laborer's wages shall be a lien on the over the thing. This contract shall be governed by the the time and place of delivery, in the absence if
goods manufactured or the work done. following articles as well as by the pertinent provisions stipulation. (n)
on warranty of title and against hidden defects and
Art. 1708. The laborer's wages shall not be subject to the payment of price in a contract of sale. (n) Art. 1721. If, in the execution of the work, an act of the
execution or attachment, except for debts incurred for employer is required, and he incurs in delay or fails to
food, shelter, clothing and medical attendance. Art. 1715. The contract shall execute the work in such perform the act, the contractor is entitled to a
a manner that it has the qualities agreed upon and reasonable compensation.
Art. 1709. The employer shall neither seize nor retain has no defects which destroy or lessen its value or
any tool or other articles belonging to the laborer. fitness for its ordinary or stipulated use. Should the The amount of the compensation is computed, on the
work be not of such quality, the employer may require one hand, by the duration of the delay and the
Art. 1710. Dismissal of laborers shall be subject to the that the contractor remove the defect or execute amount of the compensation stipulated, and on the
supervision of the Government, under special laws. another work. If the contract fails or refuses to comply other hand, by what the contractor has saved in
with this obligation, the employer may have the defect expenses by reason of the delay or is able to earn by
Art. 1711. Owners of enterprises and other employers removed or another work executed, at the contractor's a different employment of his time and industry. (n)
are obliged to pay compensation for the death of or cost. (n)
injuries to their laborers, workmen, mechanics or Art. 1722. If the work cannot be completed on account
other employees, even though the event may have Art. 1716. An agreement waiving or limiting the of a defect in the material furnished by the employer,
been purely accidental or entirely due to a fortuitous contractor's liability for any defect in the work is void if or because of orders from the employer, without any
cause, if the death or personal injury arose out of and the contractor acted fraudulently. (n) fault on the part of the contractor, the latter has a right
in the course of the employment. The employer is to an equitable part of the compensation
also liable for compensation if the employee contracts Art. 1717. If the contractor bound himself to furnish proportionally to the work done, and reimbursement
any illness or disease caused by such employment or the material, he shall suffer the loss if the work should for proper expenses made. (n)
as the result of the nature of the employment. If the be destroyed before its delivery, save when there has
mishap was due to the employee's own notorious been delay in receiving it. (1589) Art. 1723. The engineer or architect who drew up the
negligence, or voluntary act, or drunkenness, the plans and specifications for a building is liable for
employer shall not be liable for compensation. When Art. 1718. The contractor who has undertaken to put damages if within fifteen years from the completion of
the employee's lack of due care contributed to his only his work or skill, cannot claim any compensation the structure, the same should collapse by reason of
death or injury, the compensation shall be equitably if the work should be destroyed before its delivery, a defect in those plans and specifications, or due to
reduced. unless there has been delay in receiving it, or if the the defects in the ground. The contractor is likewise
destruction was caused by the poor quality of the responsible for the damages if the edifice falls, within
Art. 1712. If the death or injury is due to the material, provided this fact was communicated in due the same period, on account of defects in the
negligence of a fellow worker, the latter and the time to the owner. If the material is lost through a construction or the use of materials of inferior quality
employer shall be solidarily liable for compensation. If fortuitous event, the contract is extinguished. (1590a) furnished by him, or due to any violation of the terms
a fellow worker's intentional malicious act is the only of the contract. If the engineer or architect supervises
cause of the death or injury, the employer shall not be Art. 1719. Acceptance of the work by the employer the construction, he shall be solidarily liable with the
answerable, unless it should be shown that the latter relieves the contractor of liability for any defect in the contractor.
did not exercise due diligence in the selection or work, unless:
supervision of the plaintiff's fellow worker. Acceptance of the building, after completion, does not
(1) The defect is hidden and the employer is not, by imply waiver of any of the cause of action by reason
SECTION 3. - Contract for a Piece of Work his special knowledge, expected to recognize the of any defect mentioned in the preceding paragraph.
same; or
Art. 1713. By the contract for a piece of work the The action must be brought within ten years following
contractor binds himself to execute a piece of work for (2) The employer expressly reserves his rights against the collapse of the building. (n)
the employer, in consideration of a certain price or the contractor by reason of the defect. (n)
Art. 1724. The contractor who undertakes to build a not prejudice the laborers, employees and furnishers Art. 1734. Common carriers are responsible for the
structure or any other work for a stipulated price, in of materials: loss, destruction, or deterioration of the goods, unless
conformity with plans and specifications agreed upon the same is due to any of the following causes only:
with the land-owner, can neither withdraw from the (1) Payments made by the owner to the contractor
contract nor demand an increase in the price on before they are due; (1) Flood, storm, earthquake, lightning, or other
account of the higher cost of labor or materials, save natural disaster or calamity;
when there has been a change in the plans and (2) Renunciation by the contractor of any amount due
specifications, provided: him from the owner. (2) Act of the public enemy in war, whether
international or civil;
(1) Such change has been authorized by the This article is subject to the provisions of special laws.
proprietor in writing; and (1597a) (3) Act of omission of the shipper or owner of the
goods;
(2) The additional price to be paid to the contractor Art. 1730. If it is agreed that the work shall be
has been determined in writing by both parties. accomplished to the satisfaction of the proprietor, it is (4) The character of the goods or defects in the
(1593a) understood that in case of disagreement the question packing or in the containers;
shall be subject to expert judgment.
Art. 1725. The owner may withdraw at will from the (5) Order or act of competent public authority.
construction of the work, although it may have been If the work is subject to the approval of a third person,
commenced, indemnifying the contractor for all the his decision shall be final, except in case of fraud or Art. 1735. In all cases other than those mentioned in
latter's expenses, work, and the usefulness which the manifest error. (1598a) Nos. 1, 2, 3, 4, and 5 of the preceding article, if the
owner may obtain therefrom, and damages. (1594a) goods are lost, destroyed or deteriorated, common
Art. 1731. He who has executed work upon a carriers are presumed to have been at fault or to have
Art. 1726. When a piece of work has been entrusted movable has a right to retain it by way of pledge until acted negligently, unless they prove that they
to a person by reason of his personal qualifications, he is paid. (1600) observed extraordinary diligence as required in Article
the contract is rescinded upon his death. 1733.
SECTION 4. - Common Carriers (n)
In this case the proprietor shall pay the heirs of the Art. 1736. The extraordinary responsibility of the
contractor in proportion to the price agreed upon, the SUBSECTION 1. - General Provisions common carrier lasts from the time the goods are
value of the part of the work done, and of the unconditionally placed in the possession of, and
materials prepared, provided the latter yield him some Art. 1732. Common carriers are persons, received by the carrier for transportation until the
benefit. corporations, firms or associations engaged in the same are delivered, actually or constructively, by the
business of carrying or transporting passengers or carrier to the consignee, or to the person who has a
The same rule shall apply if the contractor cannot goods or both, by land, water, or air, for right to receive them, without prejudice to the
finish the work due to circumstances beyond his compensation, offering their services to the public. provisions of Article 1738.
control. (1595)
Art. 1733. Common carriers, from the nature of their Art. 1737. The common carrier's duty to observe
Art. 1727. The contractor is responsible for the work business and for reasons of public policy, are bound extraordinary diligence over the goods remains in full
done by persons employed by him. (1596) to observe extraordinary diligence in the vigilance force and effect even when they are temporarily
over the goods and for the safety of the passengers unloaded or stored in transit, unless the shipper or
Art. 1728. The contractor is liable for all the claims of transported by them, according to all the owner has made use of the right of stoppage in
laborers and others employed by him, and of third circumstances of each case. transitu.
persons for death or physical injuries during the
construction. (n) Such extraordinary diligence in the vigilance over the Art. 1738. The extraordinary liability of the common
goods is further expressed in Articles 1734, 1735, and carrier continues to be operative even during the time
Art. 1729. Those who put their labor upon or furnish 1745, Nos. 5, 6, and 7, while the extraordinary the goods are stored in a warehouse of the carrier at
materials for a piece of work undertaken by the diligence for the safety of the passengers is further the place of destination, until the consignee has been
contractor have an action against the owner up to the set forth in Articles 1755 and 1756. advised of the arrival of the goods and has had
amount owing from the latter to the contractor at the reasonable opportunity thereafter to remove them or
time the claim is made. However, the following shall SUBSECTION 2. - Vigilance Over Goods otherwise dispose of them.
Art. 1739. In order that the common carrier may be (1) That the goods are transported at the risk of the is reasonable and just under the circumstances, and
exempted from responsibility, the natural disaster owner or shipper; has been fairly and freely agreed upon.
must have been the proximate and only cause of the
loss. However, the common carrier must exercise due (2) That the common carrier will not be liable for any Art. 1751. The fact that the common carrier has no
diligence to prevent or minimize loss before, during loss, destruction, or deterioration of the goods; competitor along the line or route, or a part thereof, to
and after the occurrence of flood, storm or other which the contract refers shall be taken into
natural disaster in order that the common carrier may (3) That the common carrier need not observe any consideration on the question of whether or not a
be exempted from liability for the loss, destruction, or diligence in the custody of the goods; stipulation limiting the common carrier's liability is
deterioration of the goods. The same duty is reasonable, just and in consonance with public policy.
incumbent upon the common carrier in case of an act (4) That the common carrier shall exercise a degree
of the public enemy referred to in Article 1734, No. 2. of diligence less than that of a good father of a family, Art. 1752. Even when there is an agreement limiting
or of a man of ordinary prudence in the vigilance over the liability of the common carrier in the vigilance over
Art. 1740. If the common carrier negligently incurs in the movables transported; the goods, the common carrier is disputably
delay in transporting the goods, a natural disaster presumed to have been negligent in case of their loss,
shall not free such carrier from responsibility. (5) That the common carrier shall not be responsible destruction or deterioration.
for the acts or omission of his or its employees;
Art. 1741. If the shipper or owner merely contributed Art. 1753. The law of the country to which the goods
to the loss, destruction or deterioration of the goods, (6) That the common carrier's liability for acts are to be transported shall govern the liability of the
the proximate cause thereof being the negligence of committed by thieves, or of robbers who do not act common carrier for their loss, destruction or
the common carrier, the latter shall be liable in with grave or irresistible threat, violence or force, is deterioration.
damages, which however, shall be equitably reduced. dispensed with or diminished;
Art. 1754. The provisions of Articles 1733 to 1753
Art. 1742. Even if the loss, destruction, or (7) That the common carrier is not responsible for the shall apply to the passenger's baggage which is not in
deterioration of the goods should be caused by the loss, destruction, or deterioration of goods on account his personal custody or in that of his employee. As to
character of the goods, or the faulty nature of the of the defective condition of the car, vehicle, ship, other baggage, the rules in Articles 1998 and 2000 to
packing or of the containers, the common carrier must airplane or other equipment used in the contract of 2003 concerning the responsibility of hotel-keepers
exercise due diligence to forestall or lessen the loss. carriage. shall be applicable.

Art. 1743. If through the order of public authority the Art. 1746. An agreement limiting the common carrier's SUBSECTION 3. - Safety of Passengers
goods are seized or destroyed, the common carrier is liability may be annulled by the shipper or owner if the
not responsible, provided said public authority had common carrier refused to carry the goods unless the Art. 1755. A common carrier is bound to carry the
power to issue the order. former agreed to such stipulation. passengers safely as far as human care and foresight
can provide, using the utmost diligence of very
Art. 1744. A stipulation between the common carrier Art. 1747. If the common carrier, without just cause, cautious persons, with a due regard for all the
and the shipper or owner limiting the liability of the delays the transportation of the goods or changes the circumstances.
former for the loss, destruction, or deterioration of the stipulated or usual route, the contract limiting the
goods to a degree less than extraordinary diligence common carrier's liability cannot be availed of in case Art. 1756. In case of death of or injuries to
shall be valid, provided it be: of the loss, destruction, or deterioration of the goods. passengers, common carriers are presumed to have
been at fault or to have acted negligently, unless they
(1) In writing, signed by the shipper or owner; Art. 1748. An agreement limiting the common carrier's prove that they observed extraordinary diligence as
liability for delay on account of strikes or riots is valid. prescribed in Articles 1733 and 1755.
(2) Supported by a valuable consideration other than
the service rendered by the common carrier; and Art. 1749. A stipulation that the common carrier's Art. 1757. The responsibility of a common carrier for
liability is limited to the value of the goods appearing the safety of passengers as required in Articles 1733
(3) Reasonable, just and not contrary to public policy. in the bill of lading, unless the shipper or owner and 1755 cannot be dispensed with or lessened by
declares a greater value, is binding. stipulation, by the posting of notices, by statements
Art. 1745. Any of the following or similar stipulations on tickets, or otherwise.
shall be considered unreasonable, unjust and Art. 1750. A contract fixing the sum that may be
contrary to public policy: recovered. by the owner or shipper for the loss, Art. 1758. When a passenger is carried gratuitously, a
destruction, or deterioration of the goods is valid, if it stipulation limiting the common carrier's liability for
negligence is valid, but not for wilful acts or gross convenience granted to any common carrier that
negligence. repeatedly fails to comply with his or its duty to (b) As wages of an employee or rent to a landlord;
observe extraordinary diligence as prescribed in this
The reduction of fare does not justify any limitation of Section. (c) As an annuity to a widow or representative of a
the common carrier's liability. deceased partner;
Art. 1766. In all matters not regulated by this Code,
Art. 1759. Common carriers are liable for the death of the rights and obligations of common carriers shall be (d) As interest on a loan, though the amount of
or injuries to passengers through the negligence or governed by the Code of Commerce and by special payment vary with the profits of the business;
wilful acts of the former's employees, although such laws.
employees may have acted beyond the scope of their (e) As the consideration for the sale of a goodwill of a
authority or in violation of the orders of the common Title IX. - PARTNERSHIP business or other property by installments or
carriers. otherwise. (n)
CHAPTER 1
This liability of the common carriers does not cease GENERAL PROVISIONS Art. 1770. A partnership must have a lawful object or
upon proof that they exercised all the diligence of a purpose, and must be established for the common
good father of a family in the selection and Art. 1767. By the contract of partnership two or more benefit or interest of the partners.
supervision of their employees. persons bind themselves to contribute money, When an unlawful partnership is dissolved by a
property, or industry to a common fund, with the judicial decree, the profits shall be confiscated in favor
Art. 1760. The common carrier's responsibility intention of dividing the profits among themselves. of the State, without prejudice to the provisions of the
prescribed in the preceding article cannot be Two or more persons may also form a partnership for Penal Code governing the confiscation of the
eliminated or limited by stipulation, by the posting of the exercise of a profession. (1665a) instruments and effects of a crime. (1666a)
notices, by statements on the tickets or otherwise.
Art. 1768. The partnership has a judicial personality Art. 1771. A partnership may be constituted in any
Art. 1761. The passenger must observe the diligence separate and distinct from that of each of the form, except where immovable property or real rights
of a good father of a family to avoid injury to himself. partners, even in case of failure to comply with the are contributed thereto, in which case a public
requirements of Article 1772, first paragraph. (n) instrument shall be necessary. (1667a)
Art. 1762. The contributory negligence of the
passenger does not bar recovery of damages for his Art. 1769. In determining whether a partnership Art. 1772. Every contract of partnership having a
death or injuries, if the proximate cause thereof is the exists, these rules shall apply: capital of three thousand pesos or more, in money or
negligence of the common carrier, but the amount of property, shall appear in a public instrument, which
damages shall be equitably reduced. (1) Except as provided by Article 1825, persons who must be recorded in the Office of the Securities and
are not partners as to each other are not partners as Exchange Commission.
Art. 1763. A common carrier is responsible for injuries to third persons;
suffered by a passenger on account of the wilful acts Failure to comply with the requirements of the
or negligence of other passengers or of strangers, if (2) Co-ownership or co-possession does not of itself preceding paragraph shall not affect the liability of the
the common carrier's employees through the exercise establish a partnership, whether such-co-owners or partnership and the members thereof to third persons.
of the diligence of a good father of a family could have co-possessors do or do not share any profits made by (n)
prevented or stopped the act or omission. the use of the property;
Art. 1773. A contract of partnership is void, whenever
SUBSECTION 4. - Common Provisions (3) The sharing of gross returns does not of itself immovable property is contributed thereto, if an
establish a partnership, whether or not the persons inventory of said property is not made, signed by the
Art. 1764. Damages in cases comprised in this sharing them have a joint or common right or interest parties, and attached to the public instrument. (1668a)
Section shall be awarded in accordance with Title in any property from which the returns are derived;
XVIII of this Book, concerning Damages. Article 2206 Art. 1774. Any immovable property or an interest
shall also apply to the death of a passenger caused (4) The receipt by a person of a share of the profits of therein may be acquired in the partnership name. Title
by the breach of contract by a common carrier. a business is prima facie evidence that he is a partner so acquired can be conveyed only in the partnership
in the business, but no such inference shall be drawn name. (n)
Art. 1765. The Public Service Commission may, on its if such profits were received in payment:
own motion or on petition of any interested party, after Art. 1775. Associations and societies, whose articles
due hearing, cancel the certificate of public (a) As a debt by installments or otherwise; are kept secret among the members, and wherein any
one of the members may contract in his own name subsequent changes thereof being for account of the
with third persons, shall have no juridical personality, Art. 1783. A particular partnership has for its object partnership. (n)
and shall be governed by the provisions relating to co- determinate things, their use or fruits, or specific
ownership. (1669) undertaking, or the exercise of a profession or Art. 1788. A partner who has undertaken to contribute
vocation. (1678) a sum of money and fails to do so becomes a debtor
Art. 1776. As to its object, a partnership is either for the interest and damages from the time he should
universal or particular. As regards the liability of the CHAPTER 2 have complied with his obligation.
partners, a partnership may be general or limited. OBLIGATIONS OF THE PARTNERS
(1671a) The same rule applies to any amount he may have
SECTION 1. - Obligations of the Partners Among taken from the partnership coffers, and his liability
Art. 1777. A universal partnership may refer to all the Themselves shall begin from the time he converted the amount to
present property or to all the profits. (1672) his own use. (1682)
Art. 1784. A partnership begins from the moment of
Art. 1778. A partnership of all present property is that the execution of the contract, unless it is otherwise Art. 1789. An industrial partner cannot engage in
in which the partners contribute all the property which stipulated. (1679) business for himself, unless the partnership expressly
actually belongs to them to a common fund, with the permits him to do so; and if he should do so, the
intention of dividing the same among themselves, as Art. 1785. When a partnership for a fixed term or capitalist partners may either exclude him from the
well as all the profits which they may acquire particular undertaking is continued after the firm or avail themselves of the benefits which he may
therewith. (1673) termination of such term or particular undertaking have obtained in violation of this provision, with a right
without any express agreement, the rights and duties to damages in either case. (n)
Art. 1779. In a universal partnership of all present of the partners remain the same as they were at such
property, the property which belongs to each of the termination, so far as is consistent with a partnership Art. 1790. Unless there is a stipulation to the contrary,
partners at the time of the constitution of the at will. the partners shall contribute equal shares to the
partnership, becomes the common property of all the capital of the partnership. (n)
partners, as well as all the profits which they may A continuation of the business by the partners or such
acquire therewith. of them as habitually acted therein during the term, Art. 1791. If there is no agreement to the contrary, in
without any settlement or liquidation of the partnership case of an imminent loss of the business of the
A stipulation for the common enjoyment of any other affairs, is prima facie evidence of a continuation of the partnership, any partner who refuses to contribute an
profits may also be made; but the property which the partnership. (n) additional share to the capital, except an industrial
partners may acquire subsequently by inheritance, partner, to save the venture, shall he obliged to sell
legacy, or donation cannot be included in such Art. 1786. Every partner is a debtor of the partnership his interest to the other partners. (n)
stipulation, except the fruits thereof. (1674a) for whatever he may have promised to contribute
thereto. Art. 1792. If a partner authorized to manage collects a
Art. 1780. A universal partnership of profits comprises demandable sum which was owed to him in his own
all that the partners may acquire by their industry or He shall also be bound for warranty in case of eviction name, from a person who owed the partnership
work during the existence of the partnership. with regard to specific and determinate things which another sum also demandable, the sum thus collected
he may have contributed to the partnership, in the shall be applied to the two credits in proportion to their
Movable or immovable property which each of the same cases and in the same manner as the vendor is amounts, even though he may have given a receipt
partners may possess at the time of the celebration of bound with respect to the vendee. He shall also be for his own credit only; but should he have given it for
the contract shall continue to pertain exclusively to liable for the fruits thereof from the time they should the account of the partnership credit, the amount shall
each, only the usufruct passing to the partnership. have been delivered, without the need of any be fully applied to the latter.
(1675) demand. (1681a)
The provisions of this article are understood to be
Art. 1781. Articles of universal partnership, entered Art. 1787. When the capital or a part thereof which a without prejudice to the right granted to the other
into without specification of its nature, only constitute partner is bound to contribute consists of goods, their debtor by Article 1252, but only if the personal credit
a universal partnership of profits. (1676) appraisal must be made in the manner prescribed in of the partner should be more onerous to him. (1684)
the contract of partnership, and in the absence of
Art. 1782. Persons who are prohibited from giving stipulation, it shall be made by experts chosen by the Art. 1793. A partner who has received, in whole or in
each other any donation or advantage cannot enter partners, and according to current prices, the part, his share of a partnership credit, when the other
into universal partnership. (1677) partners have not collected theirs, shall be obliged, if
the debtor should thereafter become insolvent, to as may be just and equitable under the unless there is imminent danger of grave or
bring to the partnership capital what he received even circumstances. If besides his services he has irreparable injury to the partnership. (1694)
though he may have given receipt for his share only. contributed capital, he shall also receive a share in
(1685a) the profits in proportion to his capital. (1689a) Art. 1803. When the manner of management has not
been agreed upon, the following rules shall be
Art. 1794. Every partner is responsible to the Art. 1798. If the partners have agreed to intrust to a observed:
partnership for damages suffered by it through his third person the designation of the share of each one
fault, and he cannot compensate them with the profits in the profits and losses, such designation may be (1) All the partners shall be considered agents and
and benefits which he may have earned for the impugned only when it is manifestly inequitable. In no whatever any one of them may do alone shall bind the
partnership by his industry. However, the courts may case may a partner who has begun to execute the partnership, without prejudice to the provisions of
equitably lessen this responsibility if through the decision of the third person, or who has not impugned Article 1801.
partner's extraordinary efforts in other activities of the the same within a period of three months from the
partnership, unusual profits have been realized. time he had knowledge thereof, complain of such (2) None of the partners may, without the consent of
(1686a) decision. the others, make any important alteration in the
immovable property of the partnership, even if it may
Art. 1795. The risk of specific and determinate things, The designation of losses and profits cannot be be useful to the partnership. But if the refusal of
which are not fungible, contributed to the partnership intrusted to one of the partners. (1690) consent by the other partners is manifestly prejudicial
so that only their use and fruits may be for the to the interest of the partnership, the court's
common benefit, shall be borne by the partner who Art. 1799. A stipulation which excludes one or more intervention may be sought. (1695a)
owns them. partners from any share in the profits or losses is
void. (1691) Art. 1804. Every partner may associate another
If the things contribute are fungible, or cannot be kept person with him in his share, but the associate shall
without deteriorating, or if they were contributed to be Art. 1800. The partner who has been appointed not be admitted into the partnership without the
sold, the risk shall be borne by the partnership. In the manager in the articles of partnership may execute all consent of all the other partners, even if the partner
absence of stipulation, the risk of the things brought acts of administration despite the opposition of his having an associate should be a manager. (1696)
and appraised in the inventory, shall also be borne by partners, unless he should act in bad faith; and his
the partnership, and in such case the claim shall be power is irrevocable without just or lawful cause. The Art. 1805. The partnership books shall be kept,
limited to the value at which they were appraised. vote of the partners representing the controlling subject to any agreement between the partners, at the
(1687) interest shall be necessary for such revocation of principal place of business of the partnership, and
power. every partner shall at any reasonable hour have
Art. 1796. The partnership shall be responsible to access to and may inspect and copy any of them. (n)
every partner for the amounts he may have disbursed A power granted after the partnership has been
on behalf of the partnership and for the corresponding constituted may be revoked at any time. (1692a) Art. 1806. Partners shall render on demand true and
interest, from the time the expense are made; it shall full information of all things affecting the partnership to
also answer to each partner for the obligations he Art. 1801. If two or more partners have been intrusted any partner or the legal representative of any
may have contracted in good faith in the interest of with the management of the partnership without deceased partner or of any partner under legal
the partnership business, and for risks in specification of their respective duties, or without a disability. (n)
consequence of its management. (1688a) stipulation that one of them shall not act without the
consent of all the others, each one may separately Art. 1807. Every partner must account to the
Art. 1797. The losses and profits shall be distributed execute all acts of administration, but if any of them partnership for any benefit, and hold as trustee for it
in conformity with the agreement. If only the share of should oppose the acts of the others, the decision of any profits derived by him without the consent of the
each partner in the profits has been agreed upon, the the majority shall prevail. In case of a tie, the matter other partners from any transaction connected with
share of each in the losses shall be in the same shall be decided by the partners owning the the formation, conduct, or liquidation of the
proportion. controlling interest. (1693a) partnership or from any use by him of its property. (n)

In the absence of stipulation, the share of each Art. 1802. In case it should have been stipulated that Art. 1808. The capitalist partners cannot engage for
partner in the profits and losses shall be in proportion none of the managing partners shall act without the their own account in any operation which is of the kind
to what he may have contributed, but the industrial consent of the others, the concurrence of all shall be of business in which the partnership is engaged,
partner shall not be liable for the losses. As for the necessary for the validity of the acts, and the absence unless there is a stipulation to the contrary.
profits, the industrial partner shall receive such share or disability of any one of them cannot be alleged,
Any capitalist partner violating this prohibition shall deceased partner, cannot claim any right under the
bring to the common funds any profits accruing to him homestead or exemption laws; (2) With partnership property, by any one or more of
from his transactions, and shall personally bear all the the partners with the consent of all the partners
losses. (n) (4) A partner's right in specific partnership property is whose interests are not so charged or sold.
not subject to legal support under Article 291. (n)
Art. 1809. Any partner shall have the right to a formal Nothing in this Title shall be held to deprive a partner
account as to partnership affairs: Art. 1812. A partner's interest in the partnership is his of his right, if any, under the exemption laws, as
share of the profits and surplus. (n) regards his interest in the partnership. (n)
(1) If he is wrongfully excluded from the partnership
business or possession of its property by his co- Art. 1813. A conveyance by a partner of his whole SECTION 3. - Obligations of the Partners
partners; interest in the partnership does not of itself dissolve With Regard to Third Persons
the partnership, or, as against the other partners in
(2) If the right exists under the terms of any the absence of agreement, entitle the assignee, Art. 1815. Every partnership shall operate under a
agreement; during the continuance of the partnership, to interfere firm name, which may or may not include the name of
in the management or administration of the one or more of the partners.
(3) As provided by article 1807; partnership business or affairs, or to require any Those who, not being members of the partnership,
information or account of partnership transactions, or include their names in the firm name, shall be subject
(4) Whenever other circumstances render it just and to inspect the partnership books; but it merely entitles to the liability of a partner. (n)
reasonable. (n) the assignee to receive in accordance with his
contract the profits to which the assigning partner Art. 1816. All partners, including industrial ones, shall
SECTION 2. - Property Rights of a Partner would otherwise be entitled. However, in case of fraud be liable pro rata with all their property and after all
in the management of the partnership, the assignee the partnership assets have been exhausted, for the
Art. 1810. The property rights of a partner are: may avail himself of the usual remedies. contracts which may be entered into in the name and
for the account of the partnership, under its signature
(1) His rights in specific partnership property; In case of a dissolution of the partnership, the and by a person authorized to act for the partnership.
(2) His interest in the partnership; and assignee is entitled to receive his assignor's interest However, any partner may enter into a separate
(3) His right to participate in the management. (n) and may require an account from the date only of the obligation to perform a partnership contract. (n)
last account agreed to by all the partners. (n)
Art. 1811. A partner is co-owner with his partners of Art. 1817. Any stipulation against the liability laid
specific partnership property. Art. 1814. Without prejudice to the preferred rights of down in the preceding article shall be void, except as
partnership creditors under Article 1827, on due among the partners. (n)
The incidents of this co-ownership are such that: application to a competent court by any judgment
creditor of a partner, the court which entered the Art. 1818. Every partner is an agent of the partnership
(1) A partner, subject to the provisions of this Title and judgment, or any other court, may charge the interest for the purpose of its business, and the act of every
to any agreement between the partners, has an equal of the debtor partner with payment of the unsatisfied partner, including the execution in the partnership
right with his partners to possess specific partnership amount of such judgment debt with interest thereon; name of any instrument, for apparently carrying on in
property for partnership purposes; but he has no right and may then or later appoint a receiver of his share the usual way the business of the partnership of
to possess such property for any other purpose of the profits, and of any other money due or to fall which he is a member binds the partnership, unless
without the consent of his partners; due to him in respect of the partnership, and make all the partner so acting has in fact no authority to act for
other orders, directions, accounts and inquiries which the partnership in the particular matter, and the
(2) A partner's right in specific partnership property is the debtor partner might have made, or which the person with whom he is dealing has knowledge of the
not assignable except in connection with the circumstances of the case may require. fact that he has no such authority.
assignment of rights of all the partners in the same
property; The interest charged may be redeemed at any time An act of a partner which is not apparently for the
before foreclosure, or in case of a sale being directed carrying on of business of the partnership in the usual
(3) A partner's right in specific partnership property is by the court, may be purchased without thereby way does not bind the partnership unless authorized
not subject to attachment or execution, except on a causing a dissolution: by the other partners.
claim against the partnership. When partnership
property is attached for a partnership debt the (1) With separate property, by any one or more of the Except when authorized by the other partners or
partners, or any of them, or the representatives of a partners; or unless they have abandoned the business, one or
more but less than all the partners have no authority partnership under the provisions of the first paragraph and the money or property so received is misapplied
to: of Article 1818, unless the purchaser or his assignee, by any partner while it is in the custody of the
is a holder for value, without knowledge. partnership. (n)
(1) Assign the partnership property in trust for
creditors or on the assignee's promise to pay the Where the title to real property is in the name of one Art. 1824. All partners are liable solidarily with the
debts of the partnership; or more or all the partners, or in a third person in trust partnership for everything chargeable to the
for the partnership, a conveyance executed by a partnership under Articles 1822 and 1823. (n)
(2) Dispose of the good-will of the business; partner in the partnership name, or in his own name,
passes the equitable interest of the partnership, Art. 1825. When a person, by words spoken or written
(3) Do any other act which would make it impossible provided the act is one within the authority of the or by conduct, represents himself, or consents to
to carry on the ordinary business of a partnership; partner under the provisions of the first paragraph of another representing him to anyone, as a partner in
Article 1818. an existing partnership or with one or more persons
(4) Confess a judgment; not actual partners, he is liable to any such persons to
Where the title to real property is in the name of all whom such representation has been made, who has,
(5) Enter into a compromise concerning a partnership the partners a conveyance executed by all the on the faith of such representation, given credit to the
claim or liability; partners passes all their rights in such property. (n) actual or apparent partnership, and if he has made
such representation or consented to its being made in
(6) Submit a partnership claim or liability to arbitration; Art. 1820. An admission or representation made by a public manner he is liable to such person, whether
any partner concerning partnership affairs within the the representation has or has not been made or
(7) Renounce a claim of the partnership. scope of his authority in accordance with this Title is communicated to such person so giving credit by or
evidence against the partnership. (n) with the knowledge of the apparent partner making
No act of a partner in contravention of a restriction on the representation or consenting to its being made:
authority shall bind the partnership to persons having Art. 1821. Notice to any partner of any matter relating
knowledge of the restriction. (n) to partnership affairs, and the knowledge of the (1) When a partnership liability results, he is liable as
partner acting in the particular matter, acquired while though he were an actual member of the partnership;
Art. 1819. Where title to real property is in the a partner or then present to his mind, and the
partnership name, any partner may convey title to knowledge of any other partner who reasonably could (2) When no partnership liability results, he is liable
such property by a conveyance executed in the and should have communicated it to the acting pro rata with the other persons, if any, so consenting
partnership name; but the partnership may recover partner, operate as notice to or knowledge of the to the contract or representation as to incur liability,
such property unless the partner's act binds the partnership, except in the case of fraud on the otherwise separately.
partnership under the provisions of the first paragraph partnership, committed by or with the consent of that
of article 1818, or unless such property has been partner. (n) When a person has been thus represented to be a
conveyed by the grantee or a person claiming through partner in an existing partnership, or with one or more
such grantee to a holder for value without knowledge Art. 1822. Where, by any wrongful act or omission of persons not actual partners, he is an agent of the
that the partner, in making the conveyance, has any partner acting in the ordinary course of the persons consenting to such representation to bind
exceeded his authority. business of the partnership or with the authority of co- them to the same extent and in the same manner as
partners, loss or injury is caused to any person, not though he were a partner in fact, with respect to
Where title to real property is in the name of the being a partner in the partnership, or any penalty is persons who rely upon the representation. When all
partnership, a conveyance executed by a partner, in incurred, the partnership is liable therefor to the same the members of the existing partnership consent to
his own name, passes the equitable interest of the extent as the partner so acting or omitting to act. (n) the representation, a partnership act or obligation
partnership, provided the act is one within the results; but in all other cases it is the joint act or
authority of the partner under the provisions of the Art. 1823. The partnership is bound to make good the obligation of the person acting and the persons
first paragraph of Article 1818. loss: consenting to the representation. (n)

Where title to real property is in the name of one or (1) Where one partner acting within the scope of his Art. 1826. A person admitted as a partner into an
more but not all the partners, and the record does not apparent authority receives money or property of a existing partnership is liable for all the obligations of
disclose the right of the partnership, the partners in third person and misapplies it; and the partnership arising before his admission as
whose name the title stands may convey title to such though he had been a partner when such obligations
property, but the partnership may recover such (2) Where the partnership in the course of its were incurred, except that this liability shall be
property if the partners' act does not bind the business receives money or property of a third person
satisfied only out of partnership property, unless there (3) By any event which makes it unlawful for the
is a stipulation to the contrary. (n) business of the partnership to be carried on or for the (1) After the termination of the specified term or
members to carry it on in partnership; particular undertaking;
Art. 1827. The creditors of the partnership shall be
preferred to those of each partner as regards the (4) When a specific thing which a partner had (2) At any time if the partnership was a partnership at
partnership property. Without prejudice to this right, promised to contribute to the partnership, perishes will when the interest was assigned or when the
the private creditors of each partner may ask the before the delivery; in any case by the loss of the charging order was issued. (n)
attachment and public sale of the share of the latter in thing, when the partner who contributed it having
the partnership assets. (n) reserved the ownership thereof, has only transferred Art. 1832. Except so far as may be necessary to wind
to the partnership the use or enjoyment of the same; up partnership affairs or to complete transactions
CHAPTER 3 but the partnership shall not be dissolved by the loss begun but not then finished, dissolution terminates all
DISSOLUTION AND WINDING UP of the thing when it occurs after the partnership has authority of any partner to act for the partnership:
acquired the ownership thereof;
Art. 1828. The dissolution of a partnership is the (1) With respect to the partners:
change in the relation of the partners caused by any (5) By the death of any partner;
partner ceasing to be associated in the carrying on as (a) When the dissolution is not by the act, insolvency
distinguished from the winding up of the business. (n) (6) By the insolvency of any partner or of the or death of a partner; or
partnership;
Art. 1829. On dissolution the partnership is not (b) When the dissolution is by such act, insolvency or
terminated, but continues until the winding up of (7) By the civil interdiction of any partner; death of a partner, in cases where article 1833 so
partnership affairs is completed. (n) requires;
(8) By decree of court under the following article.
Art. 1830. Dissolution is caused: (1700a and 1701a) (2) With respect to persons not partners, as declared
in article 1834. (n)
(1) Without violation of the agreement between the Art. 1831. On application by or for a partner the court
partners: shall decree a dissolution whenever: Art. 1833. Where the dissolution is caused by the act,
death or insolvency of a partner, each partner is liable
(a) By the termination of the definite term or particular (1) A partner has been declared insane in any judicial to his co-partners for his share of any liability created
undertaking specified in the agreement; proceeding or is shown to be of unsound mind; by any partner acting for the partnership as if the
partnership had not been dissolved unless:
(b) By the express will of any partner, who must act in (2) A partner becomes in any other way incapable of
good faith, when no definite term or particular is performing his part of the partnership contract; (1) The dissolution being by act of any partner, the
specified; partner acting for the partnership had knowledge of
(3) A partner has been guilty of such conduct as tends the dissolution; or
(c) By the express will of all the partners who have not to affect prejudicially the carrying on of the business;
assigned their interests or suffered them to be (2) The dissolution being by the death or insolvency of
charged for their separate debts, either before or after (4) A partner wilfully or persistently commits a breach a partner, the partner acting for the partnership had
the termination of any specified term or particular of the partnership agreement, or otherwise so knowledge or notice of the death or insolvency.
undertaking; conducts himself in matters relating to the partnership
business that it is not reasonably practicable to carry Art. 1834. After dissolution, a partner can bind the
(d) By the expulsion of any partner from the business on the business in partnership with him; partnership, except as provided in the third paragraph
bona fide in accordance with such a power conferred of this article:
by the agreement between the partners; (5) The business of the partnership can only be
carried on at a loss; (1) By any act appropriate for winding up partnership
(2) In contravention of the agreement between the affairs or completing transactions unfinished at
partners, where the circumstances do not permit a (6) Other circumstances render a dissolution dissolution;
dissolution under any other provision of this article, by equitable.
the express will of any partner at any time; (2) By any transaction which would bind the
On the application of the purchaser of a partner's partnership if dissolution had not taken place,
interest under Article 1813 or 1814: provided the other party to the transaction:
 Nothing in this article shall affect the liability under
(a) Had extended credit to the partnership prior to Article 1825 of any person who, after dissolution, (1) Each partner who has not caused dissolution
dissolution and had no knowledge or notice of the represents himself or consents to another wrongfully shall have:
dissolution; or representing him as a partner in a partnership
engaged in carrying business. (n) (a) All the rights specified in the first paragraph of this
(b) Though he had not so extended credit, had article, and
nevertheless known of the partnership prior to Art. 1835. The dissolution of the partnership does not (b) The right, as against each partner who has caused
dissolution, and, having no knowledge or notice of of itself discharge the existing liability of any partner. the dissolution wrongfully, to damages breach of the
dissolution, the fact of dissolution had not been agreement.
advertised in a newspaper of general circulation in the A partner is discharged from any existing liability upon
place (or in each place if more than one) at which the dissolution of the partnership by an agreement to that (2) The partners who have not caused the dissolution
partnership business was regularly carried on. effect between himself, the partnership creditor and wrongfully, if they all desire to continue the business
the person or partnership continuing the business; in the same name either by themselves or jointly with
The liability of a partner under the first paragraph, No. and such agreement may be inferred from the course others, may do so, during the agreed term for the
2, shall be satisfied out of partnership assets alone of dealing between the creditor having knowledge of partnership and for that purpose may possess the
when such partner had been prior to dissolution: the dissolution and the person or partnership partnership property, provided they secure the
continuing the business. payment by bond approved by the court, or pay any
(1) Unknown as a partner to the person with whom partner who has caused the dissolution wrongfully,
the contract is made; and The individual property of a deceased partner shall be the value of his interest in the partnership at the
liable for all obligations of the partnership incurred dissolution, less any damages recoverable under the
(2) So far unknown and inactive in partnership affairs while he was a partner, but subject to the prior second paragraph, No. 1 (b) of this article, and in like
that the business reputation of the partnership could payment of his separate debts. (n) manner indemnify him against all present or future
not be said to have been in any degree due to his partnership liabilities.
connection with it. Art. 1836. Unless otherwise agreed, the partners who
have not wrongfully dissolved the partnership or the (3) A partner who has caused the dissolution
The partnership is in no case bound by any act of a legal representative of the last surviving partner, not wrongfully shall have:
partner after dissolution: insolvent, has the right to wind up the partnership
affairs, provided, however, that any partner, his legal (a) If the business is not continued under the
(1) Where the partnership is dissolved because it is representative or his assignee, upon cause shown, provisions of the second paragraph, No. 2, all the
unlawful to carry on the business, unless the act is may obtain winding up by the court. (n) rights of a partner under the first paragraph, subject to
appropriate for winding up partnership affairs; or liability for damages in the second paragraph, No. 1
Art. 1837. When dissolution is caused in any way, (b), of this article.
(2) Where the partner has become insolvent; or except in contravention of the partnership agreement,
each partner, as against his co-partners and all (b) If the business is continued under the second
(3) Where the partner has no authority to wind up persons claiming through them in respect of their paragraph, No. 2, of this article, the right as against
partnership affairs; except by a transaction with one interests in the partnership, unless otherwise agreed, his co-partners and all claiming through them in
who: may have the partnership property applied to respect of their interests in the partnership, to have
discharge its liabilities, and the surplus applied to pay the value of his interest in the partnership, less any
(a) Had extended credit to the partnership prior to in cash the net amount owing to the respective damage caused to his co-partners by the dissolution,
dissolution and had no knowledge or notice of his partners. But if dissolution is caused by expulsion of a ascertained and paid to him in cash, or the payment
want of authority; or partner, bona fide under the partnership agreement secured by a bond approved by the court, and to be
and if the expelled partner is discharged from all released from all existing liabilities of the partnership;
(b) Had not extended credit to the partnership prior to partnership liabilities, either by payment or agreement but in ascertaining the value of the partner's interest
dissolution, and, having no knowledge or notice of his under the second paragraph of Article 1835, he shall the value of the good-will of the business shall not be
want of authority, the fact of his want of authority has receive in cash only the net amount due him from the considered. (n)
not been advertised in the manner provided for partnership.
advertising the fact of dissolution in the first Art. 1838. Where a partnership contract is rescinded
paragraph, No. 2 (b). When dissolution is caused in contravention of the on the ground of the fraud or misrepresentation of one
partnership agreement the rights of the partners shall of the parties thereto, the party entitled to rescind is,
be as follows: without prejudice to any other right, entitled:
 enforce the contributions specified in the preceding
(1) To a lien on, or right of retention of, the surplus of number. (4) When all the partners or their representatives
the partnership property after satisfying the assign their rights in partnership property to one or
partnership liabilities to third persons for any sum of (6) Any partner or his legal representative shall have more third persons who promise to pay the debts and
money paid by him for the purchase of an interest in the right to enforce the contributions specified in No. who continue the business of the dissolved
the partnership and for any capital or advances 4, to the extent of the amount which he has paid in partnership;
contributed by him; excess of his share of the liability.
(5) When any partner wrongfully causes a dissolution
(2) To stand, after all liabilities to third persons have (7) The individual property of a deceased partner shall and the remaining partners continue the business
been satisfied, in the place of the creditors of the be liable for the contributions specified in No. 4. under the provisions of article 1837, second
partnership for any payments made by him in respect paragraph, No. 2, either alone or with others, and
of the partnership liabilities; and (8) When partnership property and the individual without liquidation of the partnership affairs;
properties of the partners are in possession of a court
(3) To be indemnified by the person guilty of the fraud for distribution, partnership creditors shall have (6) When a partner is expelled and the remaining
or making the representation against all debts and priority on partnership property and separate creditors partners continue the business either alone or with
liabilities of the partnership. (n) on individual property, saving the rights of lien or others without liquidation of the partnership affairs.
secured creditors.
Art. 1839. In settling accounts between the partners The liability of a third person becoming a partner in
after dissolution, the following rules shall be observed, (9) Where a partner has become insolvent or his the partnership continuing the business, under this
subject to any agreement to the contrary: estate is insolvent, the claims against his separate article, to the creditors of the dissolved partnership
property shall rank in the following order: shall be satisfied out of the partnership property only,
(1) The assets of the partnership are: unless there is a stipulation to the contrary.
(a) Those owing to separate creditors; When the business of a partnership after dissolution
(a) The partnership property, (b) Those owing to partnership creditors; is continued under any conditions set forth in this
(c) Those owing to partners by way of contribution. (n) article the creditors of the dissolved partnership, as
(b) The contributions of the partners necessary for the against the separate creditors of the retiring or
payment of all the liabilities specified in No. 2. Art. 1840. In the following cases creditors of the deceased partner or the representative of the
dissolved partnership are also creditors of the person deceased partner, have a prior right to any claim of
(2) The liabilities of the partnership shall rank in order or partnership continuing the business: the retired partner or the representative of the
of payment, as follows: deceased partner against the person or partnership
(1) When any new partner is admitted into an existing continuing the business, on account of the retired or
(a) Those owing to creditors other than partners, partnership, or when any partner retires and assigns deceased partner's interest in the dissolved
(or the representative of the deceased partner partnership or on account of any consideration
(b) Those owing to partners other than for capital and assigns) his rights in partnership property to two or promised for such interest or for his right in
profits, more of the partners, or to one or more of the partners partnership property.
and one or more third persons, if the business is
(c) Those owing to partners in respect of capital, continued without liquidation of the partnership affairs; Nothing in this article shall be held to modify any right
of creditors to set aside any assignment on the
(d) Those owing to partners in respect of profits. (2) When all but one partner retire and assign (or the ground of fraud.
representative of a deceased partner assigns) their
(3) The assets shall be applied in the order of their rights in partnership property to the remaining partner, The use by the person or partnership continuing the
declaration in No. 1 of this article to the satisfaction of who continues the business without liquidation of business of the partnership name, or the name of a
the liabilities. partnership affairs, either alone or with others; deceased partner as part thereof, shall not of itself
make the individual property of the deceased partner
(4) The partners shall contribute, as provided by (3) When any partner retires or dies and the business liable for any debts contracted by such person or
article 1797, the amount necessary to satisfy the of the dissolved partnership is continued as set forth partnership. (n)
liabilities. in Nos. 1 and 2 of this article, with the consent of the
retired partners or the representative of the deceased Art. 1841. When any partner retires or dies, and the
(5) An assignee for the benefit of creditors or any partner, but without any assignment of his right in business is continued under any of the conditions set
person appointed by the court shall have the right to partnership property; forth in the preceding article, or in Article 1837,
second paragraph, No. 2, without any settlement of Art. 1846. The surname of a limited partner shall not
accounts as between him or his estate and the person (e) The term for which the partnership is to exist; appear in the partnership name unless:
or partnership continuing the business, unless
otherwise agreed, he or his legal representative as (f) The amount of cash and a description of and the (1) It is also the surname of a general partner, or
against such person or partnership may have the agreed value of the other property contributed by
value of his interest at the date of dissolution each limited partner; (2) Prior to the time when the limited partner became
ascertained, and shall receive as an ordinary creditor such, the business has been carried on under a name
an amount equal to the value of his interest in the (g) The additional contributions, if any, to be made by in which his surname appeared.
dissolved partnership with interest, or, at his option or each limited partner and the times at which or events
at the option of his legal representative, in lieu of on the happening of which they shall be made; A limited partner whose surname appears in a
interest, the profits attributable to the use of his right partnership name contrary to the provisions of the first
in the property of the dissolved partnership; provided (h) The time, if agreed upon, when the contribution of paragraph is liable as a general partner to partnership
that the creditors of the dissolved partnership as each limited partner is to be returned; creditors who extend credit to the partnership without
against the separate creditors, or the representative actual knowledge that he is not a general partner.
of the retired or deceased partner, shall have priority (i) The share of the profits or the other compensation
on any claim arising under this article, as provided by way of income which each limited partner shall Art. 1847. If the certificate contains a false statement,
Article 1840, third paragraph. (n) receive by reason of his contribution; one who suffers loss by reliance on such statement
may hold liable any party to the certificate who knew
Art. 1842. The right to an account of his interest shall (j) The right, if given, of a limited partner to substitute the statement to be false:
accrue to any partner, or his legal representative as an assignee as contributor in his place, and the terms
against the winding up partners or the surviving and conditions of the substitution; (1) At the time he signed the certificate, or
partners or the person or partnership continuing the
business, at the date of dissolution, in the absence of (k) The right, if given, of the partners to admit (2) Subsequently, but within a sufficient time before
any agreement to the contrary. (n) additional limited partners; the statement was relied upon to enable him to cancel
or amend the certificate, or to file a petition for its
CHAPTER 4 (l) The right, if given, of one or more of the limited cancellation or amendment as provided in Article
LIMITED PARTNERSHIP (n) partners to priority over other limited partners, as to 1865.
contributions or as to compensation by way of
Art. 1843. A limited partnership is one formed by two income, and the nature of such priority; Art. 1848. A limited partner shall not become liable as
or more persons under the provisions of the following a general partner unless, in addition to the exercise of
article, having as members one or more general (m) The right, if given, of the remaining general his rights and powers as a limited partner, he takes
partners and one or more limited partners. The limited partner or partners to continue the business on the part in the control of the business.
partners as such shall not be bound by the obligations death, retirement, civil interdiction, insanity or
of the partnership. insolvency of a general partner; and Art. 1849. After the formation of a lifted partnership,
additional limited partners may be admitted upon filing
Art. 1844. Two or more persons desiring to form a (n) The right, if given, of a limited partner to demand an amendment to the original certificate in
limited partnership shall: and receive property other than cash in return for his accordance with the requirements of Article 1865.
contribution.
(1) Sign and swear to a certificate, which shall state - Art. 1850. A general partner shall have all the rights
(2) File for record the certificate in the Office of the and powers and be subject to all the restrictions and
(a) The name of the partnership, adding thereto the Securities and Exchange Commission. liabilities of a partner in a partnership without limited
word "Limited"; partners. However, without the written consent or
A limited partnership is formed if there has been ratification of the specific act by all the limited
(b) The character of the business; substantial compliance in good faith with the partners, a general partner or all of the general
foregoing requirements. partners have no authority to:
(c) The location of the principal place of business;
Art. 1845. The contributions of a limited partner may (1) Do any act in contravention of the certificate;
(d) The name and place of residence of each be cash or property, but not services.
member, general and limited partners being (2) Do any act which would make it impossible to
respectively designated; carry on the ordinary business of the partnership;
 Art. 1853. A person may be a general partner and a of all liabilities of the partnership except liabilities to
(3) Confess a judgment against the partnership; limited partner in the same partnership at the same limited partners on account of their contributions and
time, provided that this fact shall be stated in the to general partners.
(4) Possess partnership property, or assign their rights certificate provided for in Article 1844.
in specific partnership property, for other than a Art. 1857. A limited partner shall not receive from a
partnership purpose; A person who is a general, and also at the same time general partner or out of partnership property any part
a limited partner, shall have all the rights and powers of his contributions until:
(5) Admit a person as a general partner; and be subject to all the restrictions of a general
partner; except that, in respect to his contribution, he (1) All liabilities of the partnership, except liabilities to
(6) Admit a person as a limited partner, unless the shall have the rights against the other members which general partners and to limited partners on account of
right so to do is given in the certificate; he would have had if he were not also a general their contributions, have been paid or there remains
partner. property of the partnership sufficient to pay them;
(7) Continue the business with partnership property
on the death, retirement, insanity, civil interdiction or Art. 1854. A limited partner also may loan money to (2) The consent of all members is had, unless the
insolvency of a general partner, unless the right so to and transact other business with the partnership, and, return of the contribution may be rightfully demanded
do is given in the certificate. unless he is also a general partner, receive on under the provisions of the second paragraph; and
account of resulting claims against the partnership,
Art. 1851. A limited partner shall have the same rights with general creditors, a pro rata share of the assets. (3) The certificate is cancelled or so amended as to
as a general partner to: No limited partner shall in respect to any such claim: set forth the withdrawal or reduction.

(1) Have the partnership books kept at the principal (1) Receive or hold as collateral security and Subject to the provisions of the first paragraph, a
place of business of the partnership, and at a partnership property, or limited partner may rightfully demand the return of his
reasonable hour to inspect and copy any of them; contribution:
(2) Receive from a general partner or the partnership
(2) Have on demand true and full information of all any payment, conveyance, or release from liability if (1) On the dissolution of a partnership; or
things affecting the partnership, and a formal account at the time the assets of the partnership are not
of partnership affairs whenever circumstances render sufficient to discharge partnership liabilities to persons (2) When the date specified in the certificate for its
it just and reasonable; and not claiming as general or limited partners. return has arrived, or

(3) Have dissolution and winding up by decree of The receiving of collateral security, or payment, (3) After he has six months' notice in writing to all
court. conveyance, or release in violation of the foregoing other members, if no time is specified in the
provisions is a fraud on the creditors of the certificate, either for the return of the contribution or
A limited partner shall have the right to receive a partnership. for the dissolution of the partnership.
share of the profits or other compensation by way of
income, and to the return of his contribution as Art. 1855. Where there are several limited partners In the absence of any statement in the certificate to
provided in Articles 1856 and 1857. the members may agree that one or more of the the contrary or the consent of all members, a limited
limited partners shall have a priority over other limited partner, irrespective of the nature of his contribution,
Art. 1852. Without prejudice to the provisions of partners as to the return of their contributions, as to has only the right to demand and receive cash in
Article 1848, a person who has contributed to the their compensation by way of income, or as to any return for his contribution.
capital of a business conducted by a person or other matter. If such an agreement is made it shall be
partnership erroneously believing that he has become stated in the certificate, and in the absence of such a A limited partner may have the partnership dissolved
a limited partner in a limited partnership, is not, by statement all the limited partners shall stand upon and its affairs wound up when:
reason of his exercise of the rights of a limited equal footing.
partner, a general partner with the person or in the (1) He rightfully but unsuccessfully demands the
partnership carrying on the business, or bound by the Art. 1856. A limited partner may receive from the return of his contribution, or
obligations of such person or partnership, provided partnership the share of the profits or the
that on ascertaining the mistake he promptly compensation by way of income stipulated for in the (2) The other liabilities of the partnership have not
renounces his interest in the profits of the business, or certificate; provided that after such payment is made, been paid, or the partnership property is insufficient
other compensation by way of income. whether from property of the partnership or that of a for their payment as required by the first paragraph,
general partner, the partnership assets are in excess
No. 1, and the limited partner would otherwise be An assignee shall have the right to become a
entitled to the return of his contribution. substituted limited partner if all the members consent Nothing in this Chapter shall be held to deprive a
thereto or if the assignor, being thereunto empowered limited partner of his statutory exemption.
Art. 1858. A limited partner is liable to the partnership: by the certificate, gives the assignee that right.
Art. 1863. In setting accounts after dissolution the
(1) For the difference between his contribution as An assignee becomes a substituted limited partner liabilities of the partnership shall be entitled to
actually made and that stated in the certificate as when the certificate is appropriately amended in payment in the following order:
having been made; and accordance with Article 1865.
(1) Those to creditors, in the order of priority as
(2) For any unpaid contribution which he agreed in the The substituted limited partner has all the rights and provided by law, except those to limited partners on
certificate to make in the future at the time and on the powers, and is subject to all the restrictions and account of their contributions, and to general partners;
conditions stated in the certificate. liabilities of his assignor, except those liabilities of
which he was ignorant at the time he became a (2) Those to limited partners in respect to their share
A limited partner holds as trustee for the partnership: limited partner and which could not be ascertained of the profits and other compensation by way of
from the certificate. income on their contributions;
(1) Specific property stated in the certificate as
contributed by him, but which was not contributed or The substitution of the assignee as a limited partner (3) Those to limited partners in respect to the capital
which has been wrongfully returned, and does not release the assignor from liability to the of their contributions;
partnership under Articles 1847 and 1848.
(2) Money or other property wrongfully paid or (4) Those to general partners other than for capital
conveyed to him on account of his contribution. Art. 1860. The retirement, death, insolvency, insanity and profits;
or civil interdiction of a general partner dissolves the
The liabilities of a limited partner as set forth in this partnership, unless the business is continued by the (5) Those to general partners in respect to profits;
article can be waived or compromised only by the remaining general partners:
consent of all members; but a waiver or compromise (6) Those to general partners in respect to capital.
shall not affect the right of a creditor of a partnership (1) Under a right so to do stated in the certificate, or
who extended credit or whose claim arose after the (2) With the consent of all members. Subject to any statement in the certificate or to
filing and before a cancellation or amendment of the subsequent agreement, limited partners share in the
certificate, to enforce such liabilities. Art. 1861. On the death of a limited partner his partnership assets in respect to their claims for
When a contributor has rightfully received the return executor or administrator shall have all the rights of a capital, and in respect to their claims for profits or for
in whole or in part of the capital of his contribution, he limited partner for the purpose of setting his estate, compensation by way of income on their contribution
is nevertheless liable to the partnership for any sum, and such power as the deceased had to constitute his respectively, in proportion to the respective amounts
not in excess of such return with interest, necessary assignee a substituted limited partner. of such claims.
to discharge its liabilities to all creditors who extended The estate of a deceased limited partner shall be
credit or whose claims arose before such return. liable for all his liabilities as a limited partner. Art. 1864. The certificate shall be cancelled when the
partnership is dissolved or all limited partners cease
Art. 1859. A limited partner's interest is assignable. Art. 1862. On due application to a court of competent to be such.
jurisdiction by any creditor of a limited partner, the
A substituted limited partner is a person admitted to court may charge the interest of the indebted limited A certificate shall be amended when:
all the rights of a limited partner who has died or has partner with payment of the unsatisfied amount of
assigned his interest in a partnership. such claim, and may appoint a receiver, and make all (1) There is a change in the name of the partnership
other orders, directions and inquiries which the or in the amount or character of the contribution of
An assignee, who does not become a substituted circumstances of the case may require. any limited partner;
limited partner, has no right to require any information
or account of the partnership transactions or to The interest may be redeemed with the separate (2) A person is substituted as a limited partner;
inspect the partnership books; he is only entitled to property of any general partner, but may not be
receive the share of the profits or other compensation redeemed with partnership property. (3) An additional limited partner is admitted;
by way of income, or the return of his contribution, to
which his assignor would otherwise be entitled. The remedies conferred by the first paragraph shall (4) A person is admitted as a general partner;
not be deemed exclusive of others which may exist.
(5) A general partner retires, dies, becomes insolvent amended, the court shall also cause to be filed for CHAPTER 1
or insane, or is sentenced to civil interdiction and the record in said office a certified copy of its decree NATURE, FORM AND KINDS OF AGENCY
business is continued under Article 1860; setting forth the amendment.
Art. 1868. By the contract of agency a person binds
(6) There is a change in the character of the business A certificate is amended or cancelled when there is himself to render some service or to do something in
of the partnership; filed for record in the Office of the Securities and representation or on behalf of another, with the
Exchange Commission, where the certificate is consent or authority of the latter. (1709a)
(7) There is a false or erroneous statement in the recorded:
certificate; Art. 1869. Agency may be express, or implied from
(1) A writing in accordance with the provisions of the the acts of the principal, from his silence or lack of
(8) There is a change in the time as stated in the first or second paragraph, or action, or his failure to repudiate the agency, knowing
certificate for the dissolution of the partnership or for that another person is acting on his behalf without
the return of a contribution; (2) A certified copy of the order of the court in authority.
accordance with the provisions of the fourth
(9) A time is fixed for the dissolution of the paragraph; Agency may be oral, unless the law requires a
partnership, or the return of a contribution, no time specific form. (1710a)
having been specified in the certificate, or (3) After the certificate is duly amended in accordance
with this article, the amended certified shall thereafter Art. 1870. Acceptance by the agent may also be
(10) The members desire to make a change in any be for all purposes the certificate provided for in this express, or implied from his acts which carry out the
other statement in the certificate in order that it shall Chapter. agency, or from his silence or inaction according to
accurately represent the agreement among them. the circumstances. (n)
Art. 1866. A contributor, unless he is a general
Art. 1865. The writing to amend a certificate shall: partner, is not a proper party to proceedings by or Art. 1871. Between persons who are present, the
against a partnership, except where the object is to acceptance of the agency may also be implied if the
(1) Conform to the requirements of Article 1844 as far enforce a limited partner's right against or liability to principal delivers his power of attorney to the agent
as necessary to set forth clearly the change in the the partnership. and the latter receives it without any objection. (n)
certificate which it is desired to make; and
Art. 1867. A limited partnership formed under the law Art. 1872. Between persons who are absent, the
(2) Be signed and sworn to by all members, and an prior to the effectivity of this Code, may become a acceptance of the agency cannot be implied from the
amendment substituting a limited partner or adding a limited partnership under this Chapter by complying silence of the agent, except:
limited or general partner shall be signed also by the with the provisions of Article 1844, provided the
member to be substituted or added, and when a certificate sets forth: (1) When the principal transmits his power of attorney
limited partner is to be substituted, the amendment to the agent, who receives it without any objection;
shall also be signed by the assigning limited partner. (1) The amount of the original contribution of each
limited partner, and the time when the contribution (2) When the principal entrusts to him by letter or
The writing to cancel a certificate shall be signed by was made; and telegram a power of attorney with respect to the
all members. business in which he is habitually engaged as an
(2) That the property of the partnership exceeds the agent, and he did not reply to the letter or telegram.
A person desiring the cancellation or amendment of a amount sufficient to discharge its liabilities to persons (n)
certificate, if any person designated in the first and not claiming as general or limited partners by an
second paragraphs as a person who must execute amount greater than the sum of the contributions of its Art. 1873. If a person specially informs another or
the writing refuses to do so, may petition the court to limited partners. states by public advertisement that he has given a
order a cancellation or amendment thereof. power of attorney to a third person, the latter thereby
A limited partnership formed under the law prior to the becomes a duly authorized agent, in the former case
If the court finds that the petitioner has a right to have effectivity of this Code, until or unless it becomes a with respect to the person who received the special
the writing executed by a person who refuses to do limited partnership under this Chapter, shall continue information, and in the latter case with regard to any
so, it shall order the Office of the Securities and to be governed by the provisions of the old law. person.
Exchange Commission where the certificate is
recorded, to record the cancellation or amendment of Title X. - AGENCY
the certificate; and when the certificate is to be
The power shall continue to be in full force until the the transaction were his own, except when the
notice is rescinded in the same manner in which it (7) To loan or borrow money, unless the latter act be contract involves things belonging to the principal.
was given. (n) urgent and indispensable for the preservation of the
things which are under administration; The provisions of this article shall be understood to be
Art. 1874. When a sale of a piece of land or any without prejudice to the actions between the principal
interest therein is through an agent, the authority of (8) To lease any real property to another person for and agent. (1717)
the latter shall be in writing; otherwise, the sale shall more than one year;
be void. (n) CHAPTER 2
(9) To bind the principal to render some service OBLIGATIONS OF THE AGENT
Art. 1875. Agency is presumed to be for a without compensation;
compensation, unless there is proof to the contrary. Art. 1884. The agent is bound by his acceptance to
(n) (10) To bind the principal in a contract of partnership; carry out the agency, and is liable for the damages
which, through his non-performance, the principal
Art. 1876. An agency is either general or special. (11) To obligate the principal as a guarantor or surety; may suffer.

The former comprises all the business of the principal. (12) To create or convey real rights over immovable He must also finish the business already begun on
The latter, one or more specific transactions. (1712) property; the death of the principal, should delay entail any
danger. (1718)
Art. 1877. An agency couched in general terms (13) To accept or repudiate an inheritance;
comprises only acts of administration, even if the Art. 1885. In case a person declines an agency, he is
principal should state that he withholds no power or (14) To ratify or recognize obligations contracted bound to observe the diligence of a good father of a
that the agent may execute such acts as he may before the agency; family in the custody and preservation of the goods
consider appropriate, or even though the agency forwarded to him by the owner until the latter should
should authorize a general and unlimited (15) Any other act of strict dominion. (n) appoint an agent or take charge of the goods. (n)
management. (n)
Art. 1879. A special power to sell excludes the power Art. 1886. Should there be a stipulation that the agent
Art. 1878. Special powers of attorney are necessary to mortgage; and a special power to mortgage does shall advance the necessary funds, he shall be bound
in the following cases: not include the power to sell. (n) to do so except when the principal is insolvent. (n)

(1) To make such payments as are not usually Art. 1880. A special power to compromise does not Art. 1887. In the execution of the agency, the agent
considered as acts of administration; authorize submission to arbitration. (1713a) shall act in accordance with the instructions of the
principal.
(2) To effect novations which put an end to obligations Art. 1881. The agent must act within the scope of his
already in existence at the time the agency was authority. He may do such acts as may be conducive In default thereof, he shall do all that a good father of
constituted; to the accomplishment of the purpose of the agency. a family would do, as required by the nature of the
(1714a) business. (1719)
(3) To compromise, to submit questions to arbitration,
to renounce the right to appeal from a judgment, to Art. 1882. The limits of the agent's authority shall not Art. 1888. An agent shall not carry out an agency if its
waive objections to the venue of an action or to be considered exceeded should it have been execution would manifestly result in loss or damage to
abandon a prescription already acquired; performed in a manner more advantageous to the the principal. (n)
principal than that specified by him. (1715)
(4) To waive any obligation gratuitously; Art. 1889. The agent shall be liable for damages if,
Art. 1883. If an agent acts in his own name, the there being a conflict between his interests and those
(5) To enter into any contract by which the ownership principal has no right of action against the persons of the principal, he should prefer his own. (n)
of an immovable is transmitted or acquired either with whom the agent has contracted; neither have
gratuitously or for a valuable consideration; such persons against the principal. Art. 1890. If the agent has been empowered to borrow
money, he may himself be the lender at the current
(6) To make gifts, except customary ones for charity In such case the agent is the one directly bound in rate of interest. If he has been authorized to lend
or those made to employees in the business favor of the person with whom he has contracted, as if money at interest, he cannot borrow it without the
managed by the agent; consent of the principal. (n)
 Art. 1905. The commission agent cannot, without the
Art. 1891. Every agent is bound to render an account Art. 1898. If the agent contracts in the name of the express or implied consent of the principal, sell on
of his transactions and to deliver to the principal principal, exceeding the scope of his authority, and credit. Should he do so, the principal may demand
whatever he may have received by virtue of the the principal does not ratify the contract, it shall be from him payment in cash, but the commission agent
agency, even though it may not be owing to the void if the party with whom the agent contracted is shall be entitled to any interest or benefit, which may
principal. aware of the limits of the powers granted by the result from such sale. (n)
principal. In this case, however, the agent is liable if
Every stipulation exempting the agent from the he undertook to secure the principal's ratification. (n) Art. 1906. Should the commission agent, with
obligation to render an account shall be void. (1720a) authority of the principal, sell on credit, he shall so
Art. 1899. If a duly authorized agent acts in inform the principal, with a statement of the names of
Art. 1892. The agent may appoint a substitute if the accordance with the orders of the principal, the latter the buyers. Should he fail to do so, the sale shall be
principal has not prohibited him from doing so; but he cannot set up the ignorance of the agent as to deemed to have been made for cash insofar as the
shall be responsible for the acts of the substitute: circumstances whereof he himself was, or ought to principal is concerned. (n)
have been, aware. (n)
(1) When he was not given the power to appoint one; Art. 1907. Should the commission agent receive on a
Art. 1900. So far as third persons are concerned, an sale, in addition to the ordinary commission, another
(2) When he was given such power, but without act is deemed to have been performed within the called a guarantee commission, he shall bear the risk
designating the person, and the person appointed scope of the agent's authority, if such act is within the of collection and shall pay the principal the proceeds
was notoriously incompetent or insolvent. terms of the power of attorney, as written, even if the of the sale on the same terms agreed upon with the
agent has in fact exceeded the limits of his authority purchaser. (n)
All acts of the substitute appointed against the according to an understanding between the principal
prohibition of the principal shall be void. (1721) and the agent. (n) Art. 1908. The commission agent who does not
collect the credits of his principal at the time when
Art. 1893. In the cases mentioned in Nos. 1 and 2 of Art. 1901. A third person cannot set up the fact that they become due and demandable shall be liable for
the preceding article, the principal may furthermore the agent has exceeded his powers, if the principal damages, unless he proves that he exercised due
bring an action against the substitute with respect to has ratified, or has signified his willingness to ratify diligence for that purpose. (n)
the obligations which the latter has contracted under the agent's acts. (n)
the substitution. (1722a) Art. 1909. The agent is responsible not only for fraud,
Art. 1902. A third person with whom the agent wishes but also for negligence, which shall be judged with
Art. 1894. The responsibility of two or more agents, to contract on behalf of the principal may require the more or less rigor by the courts, according to whether
even though they have been appointed presentation of the power of attorney, or the the agency was or was not for a compensation.
simultaneously, is not solidary, if solidarity has not instructions as regards the agency. Private or secret (1726)
been expressly stipulated. (1723) orders and instructions of the principal do not
prejudice third persons who have relied upon the CHAPTER 3
Art. 1895. If solidarity has been agreed upon, each of power of attorney or instructions shown them. (n) OBLIGATIONS OF THE PRINCIPAL
the agents is responsible for the non-fulfillment of
agency, and for the fault or negligence of his fellows Art. 1903. The commission agent shall be responsible Art. 1910. The principal must comply with all the
agents, except in the latter case when the fellow for the goods received by him in the terms and obligations which the agent may have contracted
agents acted beyond the scope of their authority. (n) conditions and as described in the consignment, within the scope of his authority.
unless upon receiving them he should make a written
Art. 1896. The agent owes interest on the sums he statement of the damage and deterioration suffered As for any obligation wherein the agent has exceeded
has applied to his own use from the day on which he by the same. (n) his power, the principal is not bound except when he
did so, and on those which he still owes after the ratifies it expressly or tacitly. (1727)
extinguishment of the agency. (1724a) Art. 1904. The commission agent who handles goods
of the same kind and mark, which belong to different Art. 1911. Even when the agent has exceeded his
Art. 1897. The agent who acts as such is not owners, shall distinguish them by countermarks, and authority, the principal is solidarily liable with the
personally liable to the party with whom he contracts, designate the merchandise respectively belonging to agent if the former allowed the latter to act as though
unless he expressly binds himself or exceeds the each principal. (n) he had full powers. (n)
limits of his authority without giving such party
sufficient notice of his powers. (1725)
Art. 1912. The principal must advance to the agent, given to the former agent, without prejudice to the
should the latter so request, the sums necessary for (3) When the agent incurred them with knowledge provisions of the two preceding articles. (1735a)
the execution of the agency. that an unfavorable result would ensue, if the principal
was not aware thereof; Art. 1924. The agency is revoked if the principal
Should the agent have advanced them, the principal directly manages the business entrusted to the agent,
must reimburse him therefor, even if the business or (4) When it was stipulated that the expenses would be dealing directly with third persons. (n)
undertaking was not successful, provided the agent is borne by the agent, or that the latter would be allowed
free from all fault. only a certain sum. (n) Art. 1925. When two or more principals have granted
a power of attorney for a common transaction, any
The reimbursement shall include interest on the sums CHAPTER 4 one of them may revoke the same without the
advanced, from the day on which the advance was MODES OF EXTINGUISHMENT OF AGENCY consent of the others. (n)
made. (1728)
Art. 1919. Agency is extinguished: Art. 1926. A general power of attorney is revoked by a
Art. 1913. The principal must also indemnify the agent special one granted to another agent, as regards the
for all the damages which the execution of the agency (1) By its revocation; special matter involved in the latter. (n)
may have caused the latter, without fault or
negligence on his part. (1729) (2) By the withdrawal of the agent; Art. 1927. An agency cannot be revoked if a bilateral
contract depends upon it, or if it is the means of
Art. 1914. The agent may retain in pledge the things (3) By the death, civil interdiction, insanity or fulfilling an obligation already contracted, or if a
which are the object of the agency until the principal insolvency of the principal or of the agent; partner is appointed manager of a partnership in the
effects the reimbursement and pays the indemnity set contract of partnership and his removal from the
forth in the two preceding articles. (1730) (4) By the dissolution of the firm or corporation which management is unjustifiable. (n)
entrusted or accepted the agency;
Art. 1915. If two or more persons have appointed an Art. 1928. The agent may withdraw from the agency
agent for a common transaction or undertaking, they (5) By the accomplishment of the object or purpose of by giving due notice to the principal. If the latter
shall be solidarily liable to the agent for all the the agency; should suffer any damage by reason of the
consequences of the agency. (1731) withdrawal, the agent must indemnify him therefor,
(6) By the expiration of the period for which the unless the agent should base his withdrawal upon the
Art. 1916. When two persons contract with regard to agency was constituted. (1732a) impossibility of continuing the performance of the
the same thing, one of them with the agent and the agency without grave detriment to himself. (1736a)
other with the principal, and the two contracts are Art. 1920. The principal may revoke the agency at
incompatible with each other, that of prior date shall will, and compel the agent to return the document Art. 1929. The agent, even if he should withdraw from
be preferred, without prejudice to the provisions of evidencing the agency. Such revocation may be the agency for a valid reason, must continue to act
Article 1544. (n) express or implied. (1733a) until the principal has had reasonable opportunity to
take the necessary steps to meet the situation.
Art. 1917. In the case referred to in the preceding Art. 1921. If the agency has been entrusted for the (1737a)
article, if the agent has acted in good faith, the purpose of contracting with specified persons, its
principal shall be liable in damages to the third person revocation shall not prejudice the latter if they were Art. 1930. The agency shall remain in full force and
whose contract must be rejected. If the agent acted in not given notice thereof. (1734) effect even after the death of the principal, if it has
bad faith, he alone shall be responsible. (n) been constituted in the common interest of the latter
Art. 1922. If the agent had general powers, revocation and of the agent, or in the interest of a third person
Art. 1918. The principal is not liable for the expenses of the agency does not prejudice third persons who who has accepted the stipulation in his favor. (n)
incurred by the agent in the following cases: acted in good faith and without knowledge of the
revocation. Notice of the revocation in a newspaper of Art. 1931. Anything done by the agent, without
(1) If the agent acted in contravention of the general circulation is a sufficient warning to third knowledge of the death of the principal or of any other
principal's instructions, unless the latter should wish to persons. (n) cause which extinguishes the agency, is valid and
avail himself of the benefits derived from the contract; shall be fully effective with respect to third persons
Art. 1923. The appointment of a new agent for the who may have contracted with him in good faith.
(2) When the expenses were due to the fault of the same business or transaction revokes the previous (1738)
agent; agency from the day on which notice thereof was
Art. 1932. If the agent dies, his heirs must notify the Art. 1937. Movable or immovable property may be the Art. 1943. The bailee does not answer for the
principal thereof, and in the meantime adopt such object of commodatum. (n) deterioration of the thing loaned due only to the use
measures as the circumstances may demand in the thereof and without his fault. (1746)
interest of the latter. (1739) Art. 1938. The bailor in commodatum need not be the
owner of the thing loaned. (n) Art. 1944. The bailee cannot retain the thing loaned
on the ground that the bailor owes him something,
Title XI. - LOAN Art. 1939. Commodatum is purely personal in even though it may be by reason of expenses.
character. Consequently: However, the bailee has a right of retention for
GENERAL PROVISIONS damages mentioned in Article 1951. (1747a)
(1) The death of either the bailor or the bailee
Art. 1933. By the contract of loan, one of the parties extinguishes the contract; Art. 1945. When there are two or more bailees to
delivers to another, either something not consumable whom a thing is loaned in the same contract, they are
so that the latter may use the same for a certain time (2) The bailee can neither lend nor lease the object of liable solidarily. (1748a)
and return it, in which case the contract is called a the contract to a third person. However, the members
commodatum; or money or other consumable thing, of the bailee's household may make use of the thing SECTION 3. - Obligations of the Bailor
upon the condition that the same amount of the same loaned, unless there is a stipulation to the contrary, or
kind and quality shall be paid, in which case the unless the nature of the thing forbids such use. (n) Art. 1946. The bailor cannot demand the return of the
contract is simply called a loan or mutuum. thing loaned till after the expiration of the period
Commodatum is essentially gratuitous. Art. 1940. A stipulation that the bailee may make use stipulated, or after the accomplishment of the use for
of the fruits of the thing loaned is valid. (n) which the commodatum has been constituted.
Simple loan may be gratuitous or with a stipulation to However, if in the meantime, he should have urgent
pay interest. SECTION 2. - Obligations of the Bailee need of the thing, he may demand its return or
temporary use.
In commodatum the bailor retains the ownership of Art. 1941. The bailee is obliged to pay for the ordinary
the thing loaned, while in simple loan, ownership expenses for the use and preservation of the thing In case of temporary use by the bailor, the contract of
passes to the borrower. (1740a) loaned. (1743a) commodatum is suspended while the thing is in the
possession of the bailor. (1749a)
Art. 1934. An accepted promise to deliver something Art. 1942. The bailee is liable for the loss of the thing,
by way of commodatum or simple loan is binding even if it should be through a fortuitous event: Art. 1947. The bailor may demand the thing at will,
upon parties, but the commodatum or simple loan and the contractual relation is called a precarium, in
itself shall not be perfected until the delivery of the (1) If he devotes the thing to any purpose different the following cases:
object of the contract. (n) from that for which it has been loaned;
(1) If neither the duration of the contract nor the use to
CHAPTER 1 (2) If he keeps it longer than the period stipulated, or which the thing loaned should be devoted, has been
COMMODATUM after the accomplishment of the use for which the stipulated; or
commodatum has been constituted;
SECTION 1 - Nature of Commodatum (2) If the use of the thing is merely tolerated by the
(3) If the thing loaned has been delivered with owner. (1750a)
Art. 1935. The bailee in commodatum acquires the appraisal of its value, unless there is a stipulation
used of the thing loaned but not its fruits; if any exemption the bailee from responsibility in case of a Art. 1948. The bailor may demand the immediate
compensation is to be paid by him who acquires the fortuitous event; return of the thing if the bailee commits any act of
use, the contract ceases to be a commodatum. ingratitude specified in Article 765. (n)
(1941a) (4) If he lends or leases the thing to a third person,
who is not a member of his household; Art. 1949. The bailor shall refund the extraordinary
Art. 1936. Consumable goods may be the subject of expenses during the contract for the preservation of
commodatum if the purpose of the contract is not the (5) If, being able to save either the thing borrowed or the thing loaned, provided the bailee brings the same
consumption of the object, as when it is merely for his own thing, he chose to save the latter. (1744a and to the knowledge of the bailor before incurring them,
exhibition. (n) 1745) except when they are so urgent that the reply to the
notification cannot be awaited without danger.
If the extraordinary expenses arise on the occasion of against usury shall be void. The borrower may
the actual use of the thing by the bailee, even though recover in accordance with the laws on usury. (n) Art. 1967. An extrajudicial deposit is either voluntary
he acted without fault, they shall be borne equally by or necessary. (1762)
both the bailor and the bailee, unless there is a Art. 1958. In the determination of the interest, if it is
stipulation to the contrary. (1751a) payable in kind, its value shall be appraised at the CHAPTER 2
current price of the products or goods at the time and VOLUNTARY DEPOSIT
Art. 1950. If, for the purpose of making use of the place of payment. (n)
thing, the bailee incurs expenses other than those SECTION 1. - General Provisions
referred to in Articles 1941 and 1949, he is not entitled Art. 1959. Without prejudice to the provisions of
to reimbursement. (n) Article 2212, interest due and unpaid shall not earn Art. 1968. A voluntary deposit is that wherein the
interest. However, the contracting parties may by delivery is made by the will of the depositor. A deposit
Art. 1951. The bailor who, knowing the flaws of the stipulation capitalize the interest due and unpaid, may also be made by two or more persons each of
thing loaned, does not advise the bailee of the same, which as added principal, shall earn new interest. (n) whom believes himself entitled to the thing deposited
shall be liable to the latter for the damages which he with a third person, who shall deliver it in a proper
may suffer by reason thereof. (1752) Art. 1960. If the borrower pays interest when there case to the one to whom it belongs. (1763)
has been no stipulation therefor, the provisions of this
Art. 1952. The bailor cannot exempt himself from the Code concerning solutio indebiti, or natural Art. 1969. A contract of deposit may be entered into
payment of expenses or damages by abandoning the obligations, shall be applied, as the case may be. (n) orally or in writing. (n)
thing to the bailee. (n)
Art. 1961. Usurious contracts shall be governed by Art. 1970. If a person having capacity to contract
CHAPTER 2 the Usury Law and other special laws, so far as they accepts a deposit made by one who is incapacitated,
SIMPLE LOAN OR MUTUUM are not inconsistent with this Code. (n) the former shall be subject to all the obligations of a
depositary, and may be compelled to return the thing
Art. 1953. A person who receives a loan of money or Title XII. - DEPOSIT by the guardian, or administrator, of the person who
any other fungible thing acquires the ownership made the deposit, or by the latter himself if he should
thereof, and is bound to pay to the creditor an equal CHAPTER 1 acquire capacity. (1764)
amount of the same kind and quality. (1753a) DEPOSIT IN GENERAL AND ITS DIFFERENT
KINDS Art. 1971. If the deposit has been made by a
Art. 1954. A contract whereby one person transfers capacitated person with another who is not, the
the ownership of non-fungible things to another with Art. 1962. A deposit is constituted from the moment a depositor shall only have an action to recover the
the obligation on the part of the latter to give things of person receives a thing belonging to another, with the thing deposited while it is still in the possession of the
the same kind, quantity, and quality shall be obligation of safely keeping it and of returning the depositary, or to compel the latter to pay him the
considered a barter. (n) same. If the safekeeping of the thing delivered is not amount by which he may have enriched or benefited
the principal purpose of the contract, there is no himself with the thing or its price. However, if a third
Art. 1955. The obligation of a person who borrows deposit but some other contract. (1758a) person who acquired the thing acted in bad faith, the
money shall be governed by the provisions of Articles depositor may bring an action against him for its
1249 and 1250 of this Code. Art. 1963. An agreement to constitute a deposit is recovery. (1765a)
binding, but the deposit itself is not perfected until the
If what was loaned is a fungible thing other than delivery of the thing. (n) SECTION 2. - Obligations of the Depositary
money, the debtor owes another thing of the same
kind, quantity and quality, even if it should change in Art. 1964. A deposit may be constituted judicially or Art. 1972. The depositary is obliged to keep the thing
value. In case it is impossible to deliver the same extrajudicially. (1759) safely and to return it, when required, to the depositor,
kind, its value at the time of the perfection of the loan or to his heirs and successors, or to the person who
shall be paid. (1754a) Art. 1965. A deposit is a gratuitous contract, except may have been designated in the contract. His
when there is an agreement to the contrary, or unless responsibility, with regard to the safekeeping and the
Art. 1956. No interest shall be due unless it has been the depositary is engaged in the business of storing loss of the thing, shall be governed by the provisions
expressly stipulated in writing. (1755a) goods. (1760a) of Title I of this Book.
If the deposit is gratuitous, this fact shall be taken into
Art. 1957. Contracts and stipulations, under any cloak Art. 1966. Only movable things may be the object of a account in determining the degree of care that the
or device whatever, intended to circumvent the laws deposit. (1761) depositary must observe. (1766a)
 The permission shall not be presumed, and its
Art. 1973. Unless there is a stipulation to the contrary, existence must be proved. (1768a) Should the deposit consist of money, the provisions
the depositary cannot deposit the thing with a third relative to agents in article 1896 shall be applied to
person. If deposit with a third person is allowed, the Art. 1979. The depositary is liable for the loss of the the depositary. (1770)
depositary is liable for the loss if he deposited the thing through a fortuitous event:
thing with a person who is manifestly careless or unfit. Art. 1984. The depositary cannot demand that the
The depositary is responsible for the negligence of his (1) If it is so stipulated; depositor prove his ownership of the thing deposited.
employees. (n)
(2) If he uses the thing without the depositor's Nevertheless, should he discover that the thing has
Art. 1974. The depositary may change the way of the permission; been stolen and who its true owner is, he must advise
deposit if under the circumstances he may reasonably the latter of the deposit.
presume that the depositor would consent to the (3) If he delays its return;
change if he knew of the facts of the situation. If the owner, in spite of such information, does not
However, before the depositary may make such (4) If he allows others to use it, even though he claim it within the period of one month, the depositary
change, he shall notify the depositor thereof and wait himself may have been authorized to use the same. shall be relieved of all responsibility by returning the
for his decision, unless delay would cause danger. (n) (n) thing deposited to the depositor.

Art. 1975. The depositary holding certificates, bonds, Art. 1980. Fixed, savings, and current deposits of If the depositary has reasonable grounds to believe
securities or instruments which earn interest shall be money in banks and similar institutions shall be that the thing has not been lawfully acquired by the
bound to collect the latter when it becomes due, and governed by the provisions concerning simple loan. depositor, the former may return the same. (1771a)
to take such steps as may be necessary in order that (n)
the securities may preserve their value and the rights Art. 1985. When there are two or more depositors, if
corresponding to them according to law. Art. 1981. When the thing deposited is delivered they are not solidary, and the thing admits of division,
closed and sealed, the depositary must return it in the each one cannot demand more than his share.
The above provision shall not apply to contracts for same condition, and he shall be liable for damages
the rent of safety deposit boxes. (n) should the seal or lock be broken through his fault. When there is solidarity or the thing does not admit of
division, the provisions of Articles 1212 and 1214 shall
Art. 1976. Unless there is a stipulation to the contrary, Fault on the part of the depositary is presumed, govern. However, if there is a stipulation that the thing
the depositary may commingle grain or other articles unless there is proof to the contrary. should be returned to one of the depositors, the
of the same kind and quality, in which case the depositary shall return it only to the person
various depositors shall own or have a proportionate As regards the value of the thing deposited, the designated. (1772a)
interest in the mass. (n) statement of the depositor shall be accepted, when
the forcible opening is imputable to the depositary, Art. 1986. If the depositor should lose his capacity to
Art. 1977. The depositary cannot make use of the should there be no proof to the contrary. However, the contract after having made the deposit, the thing
thing deposited without the express permission of the courts may pass upon the credibility of the depositor cannot be returned except to the persons who may
depositor. with respect to the value claimed by him. have the administration of his property and rights.
(1773)
Otherwise, he shall be liable for damages. When the seal or lock is broken, with or without the
depositary's fault, he shall keep the secret of the Art. 1987. If at the time the deposit was made a place
However, when the preservation of the thing deposit. (1769a) was designated for the return of the thing, the
deposited requires its use, it must be used but only for depositary must take the thing deposited to such
that purpose. (1767a) Art. 1982. When it becomes necessary to open a place; but the expenses for transportation shall be
locked box or receptacle, the depositary is presumed borne by the depositor.
Art. 1978. When the depositary has permission to use authorized to do so, if the key has been delivered to
the thing deposited, the contract loses the concept of him; or when the instructions of the depositor as If no place has been designated for the return, it shall
a deposit and becomes a loan or commodatum, regards the deposit cannot be executed without be made where the thing deposited may be, even if it
except where safekeeping is still the principal purpose opening the box or receptacle. (n) should not be the same place where the deposit was
of the contract. made, provided that there was no malice on the part
Art. 1983. The thing deposited shall be returned with of the depositary. (1774)
all its products, accessories and accessions.
Art. 1988. The thing deposited must be returned to Art. 1994. The depositary may retain the thing in inns as well as strangers; but not that which may
the depositor upon demand, even though a specified pledge until the full payment of what may be due him proceed from any force majeure. The fact that
period or time for such return may have been fixed. by reason of the deposit. (1780) travellers are constrained to rely on the vigilance of
the keeper of the hotels or inns shall be considered in
This provision shall not apply when the thing is Art. 1995. A deposit its extinguished: determining the degree of care required of him.
judicially attached while in the depositary's (1784a)
possession, or should he have been notified of the (1) Upon the loss or destruction of the thing
opposition of a third person to the return or the deposited; Art. 2001. The act of a thief or robber, who has
removal of the thing deposited. In these cases, the entered the hotel is not deemed force majeure, unless
depositary must immediately inform the depositor of (2) In case of a gratuitous deposit, upon the death of it is done with the use of arms or through an
the attachment or opposition. (1775) either the depositor or the depositary. (n) irresistible force. (n)

Art. 1989. Unless the deposit is for a valuable CHAPTER 3 Art. 2002. The hotel-keeper is not liable for
consideration, the depositary who may have justifiable NECESSARY DEPOSIT compensation if the loss is due to the acts of the
reasons for not keeping the thing deposited may, guest, his family, servants or visitors, or if the loss
even before the time designated, return it to the Art. 1996. A deposit is necessary: arises from the character of the things brought into
depositor; and if the latter should refuse to receive it, the hotel. (n)
the depositary may secure its consignation from the (1) When it is made in compliance with a legal
court. (1776a) obligation; Art. 2003. The hotel-keeper cannot free himself from
responsibility by posting notices to the effect that he is
Art. 1990. If the depositary by force majeure or (2) When it takes place on the occasion of any not liable for the articles brought by the guest. Any
government order loses the thing and receives money calamity, such as fire, storm, flood, pillage, shipwreck, stipulation between the hotel-keeper and the guest
or another thing in its place, he shall deliver the sum or other similar events. (1781a) whereby the responsibility of the former as set forth in
or other thing to the depositor. (1777a) articles 1998 to 2001 is suppressed or diminished
Art. 1997. The deposit referred to in No. 1 of the shall be void. (n)
Art. 1991. The depositor's heir who in good faith may preceding article shall be governed by the provisions
have sold the thing which he did not know was of the law establishing it, and in case of its deficiency, Art. 2004. The hotel-keeper has a right to retain the
deposited, shall only be bound to return the price he by the rules on voluntary deposit. things brought into the hotel by the guest, as a
may have received or to assign his right of action The deposit mentioned in No. 2 of the preceding security for credits on account of lodging, and
against the buyer in case the price has not been paid article shall be regulated by the provisions concerning supplies usually furnished to hotel guests. (n)
him. (1778) voluntary deposit and by Article 2168. (1782)
CHAPTER 4
SECTION 3. - Obligations of the Depositor Art. 1998. The deposit of effects made by the SEQUESTRATION OR JUDICIAL DEPOSIT
travellers in hotels or inns shall also be regarded as
Art. 1992. If the deposit is gratuitous, the depositor is necessary. The keepers of hotels or inns shall be Art. 2005. A judicial deposit or sequestration takes
obliged to reimburse the depositary for the expenses responsible for them as depositaries, provided that place when an attachment or seizure of property in
he may have incurred for the preservation of the thing notice was given to them, or to their employees, of the litigation is ordered. (1785)
deposited. (1779a) effects brought by the guests and that, on the part of
the latter, they take the precautions which said hotel- Art. 2006. Movable as well as immovable property
Art. 1993. The depositor shall reimburse the keepers or their substitutes advised relative to the may be the object of sequestration. (1786)
depositary for any loss arising from the character of care and vigilance of their effects. (1783)
the thing deposited, unless at the time of the Art. 2007. The depositary of property or objects
constitution of the deposit the former was not aware Art. 1999. The hotel-keeper is liable for the vehicles, sequestrated cannot be relieved of his responsibility
of, or was not expected to know the dangerous animals and articles which have been introduced or until the controversy which gave rise thereto has
character of the thing, or unless he notified the placed in the annexes of the hotel. (n) come to an end, unless the court so orders. (1787a)
depositary of the same, or the latter was aware of it
without advice from the depositor. (n) Art. 2000. The responsibility referred to in the two Art. 2008. The depositary of property sequestrated is
preceding articles shall include the loss of, or injury to bound to comply, with respect to the same, with all the
the personal property of the guests caused by the obligations of a good father of a family. (1788)
servants or employees of the keepers of hotels or
Art. 2009. As to matters not provided for in this Code, the loser have perpetrated fraud, no action for of whom must be living at the time the annuity is
judicial sequestration shall be governed by the Rules recovery can be brought by either. (n) established.
of Court. (1789)
Art. 2016. If the loser refuses or neglects to bring an It may also be constituted in favor of the person or
Title XIII. - ALEATORY CONTRACTS action to recover what has been lost, his or her persons upon whose life or lives the contract is
creditors, spouse, descendants or other persons entered into, or in favor of another or other persons.
GENERAL PROVISIONS entitled to be supported by the loser may institute the (1803)
action. The sum thereby obtained shall be applied to
Art. 2010. By an aleatory contract, one of the parties the creditors' claims, or to the support of the spouse Art. 2023. Life annuity shall be void if constituted upon
or both reciprocally bind themselves to give or to do or relatives, as the case may be. (n) the life of a person who was already dead at the time
something in consideration of what the other shall the contract was entered into, or who was at that time
give or do upon the happening of an event which is Art. 2017. The provisions of Article 2014 and 2016 suffering from an illness which caused his death
uncertain, or which is to occur at an indeterminate apply when two or more persons bet in a game of within twenty days following said date. (1804)
time. (1790) chance, although they take no active part in the game
itself. (1799a) Art. 2024. The lack of payment of the income due
CHAPTER 1 does not authorize the recipient of the life annuity to
INSURANCE Art. 2018. If a contract which purports to be for the demand the reimbursement of the capital or to retake
delivery of goods, securities or shares of stock is possession of the property alienated, unless there is a
Art. 2011. The contract of insurance is governed by entered into with the intention that the difference stipulation to the contrary; he shall have only a right
special laws. Matters not expressly provided for in between the price stipulated and the exchange or judicially to claim the payment of the income in
such special laws shall be regulated by this Code. (n) market price at the time of the pretended delivery arrears and to require a security for the future income,
shall be paid by the loser to the winner, the unless there is a stipulation to the contrary. (1805a)
Art. 2012. Any person who is forbidden from receiving transaction is null and void. The loser may recover
any donation under Article 739 cannot be named what he has paid. (n) Art. 2025. The income corresponding to the year in
beneficiary of a life insurance policy by the person which the person enjoying it dies shall be paid in
who cannot make any donation to him, according to Art. 2019. Betting on the result of sports, athletic proportion to the days during which he lived; if the
said article. (n) competitions, or games of skill may be prohibited by income should be paid by installments in advance, the
local ordinances. (n) whole amount of the installment which began to run
CHAPTER 2 during his life shall be paid. (1806)
GAMBLING Art. 2020. The loser in any game which is not one of
chance, when there is no local ordinance which Art. 2026. He who constitutes an annuity by gratuitous
Art. 2013. A game of chance is that which depends prohibits betting therein, is under obligation to pay his title upon his property, may provide at the time the
more on chance or hazard than or skill or ability. For loss, unless the amount thereof is excessive under annuity is established that the same shall not be
the purposes of the following articles, in case of doubt the circumstances. In the latter case, the court shall subject to execution or attachment on account of the
a game is deemed to be one of chance. (n) reduce the loss to the proper sum. (1801a) obligations of the recipient of the annuity. If the
annuity was constituted in fraud of creditors, the latter
Art. 2014. No action can be maintained by the winner CHAPTER 3 may ask for the execution or attachment of the
for the collection of what he has won in a game of LIFE ANNUITY property. (1807a)
chance. But any loser in a game of chance may
recover his loss from the winner, with legal interest Art. 2021. The aleatory contract of life annuity binds Art. 2027. No annuity shall be claimed without first
from the time he paid the amount lost, and subsidiarily the debtor to pay an annual pension or income during proving the existence of the person upon whose life
from the operator or manager of the gambling house. the life of one or more determinate persons in the annuity is constituted. (1808)
(1799a) consideration of a capital consisting of money or other
property, whose ownership is transferred to him at Title XIV. - COMPROMISES AND ARBITRATIONS
Art. 2015. If cheating or deceit is committed by the once with the burden of the income. (1802a)
winner, he, and subsidiarily the operator or manager CHAPTER 1
of the gambling house, shall pay by way of exemplary Art. 2022. The annuity may be constituted upon the COMPROMISES
damages, not less than the equivalent of the sum lost, life of the person who gives the capital, upon that of a
in addition to the latter amount. If both the winner and third person, or upon the lives of various persons, all Art. 2028. A compromise is a contract whereby the
parties, by making reciprocal concessions, avoid a
litigation or put an end to one already commenced. (3) Any ground for legal separation; Ignorance of a judgment which may be revoked or set
(1809a) aside is not a valid ground for attacking a
(4) Future support; compromise. (1819a)
Art. 2029. The court shall endeavor to persuade the
litigants in a civil case to agree upon some fair (5) The jurisdiction of courts; Art. 2041. If one of the parties fails or refuses to abide
compromise. (n) by the compromise, the other party may either
(6) Future legitime. (1814a) enforce the compromise or regard it as rescinded and
Art. 2030. Every civil action or proceeding shall be insist upon his original demand. (n)
suspended: Art. 2036. A compromise comprises only those
objects which are definitely stated therein, or which by CHAPTER 2
(1) If willingness to discuss a possible compromise is necessary implication from its terms should be ARBITRATIONS
expressed by one or both parties; or deemed to have been included in the same.
A general renunciation of rights is understood to refer Art. 2042. The same persons who may enter into a
(2) If it appears that one of the parties, before the only to those that are connected with the dispute compromise may submit their controversies to one or
commencement of the action or proceeding, offered which was the subject of the compromise. (1815) more arbitrators for decision. (1820a)
to discuss a possible compromise but the other party
refused the offer. Art. 2037. A compromise has upon the parties the Art. 2043. The provisions of the preceding Chapter
effect and authority of res judicata; but there shall be upon compromises shall also be applicable to
The duration and terms of the suspension of the civil no execution except in compliance with a judicial arbitrations. (1821a)
action or proceeding and similar matters shall be compromise. (1816)
governed by such provisions of the rules of court as Art. 2044. Any stipulation that the arbitrators' award or
the Supreme Court shall promulgate. Said rules of Art. 2038. A compromise in which there is mistake, decision shall be final, is valid, without prejudice to
court shall likewise provide for the appointment and fraud, violence, intimidation, undue influence, or Articles 2038, 2039, and 2040. (n)
duties of amicable compounders. (n) falsity of documents, is subject to the provisions of
Article 1330 of this Code. Art. 2045. Any clause giving one of the parties power
Art. 2031. The courts may mitigate the damages to be to choose more arbitrators than the other is void and
paid by the losing party who has shown a sincere However, one of parties cannot set up a mistake of of no effect. (n)
desire for a compromise. (n) fact as against the other if the latter, by virtue of the
compromise, has withdrawn from a litigation already Art. 2046. The appointment of arbitrators and the
Art. 2032. The court's approval is necessary in commenced. (1817a) procedure for arbitration shall be governed by the
compromises entered into by guardians, parents, provisions of such rules of court as the Supreme
absentee's representatives, and administrators or Art. 2039. When the parties compromise generally on Court shall promulgate. (n)
executors of decedent's estates. (1810a) all differences which they might have with each other,
the discovery of documents referring to one or more Title XV. - GUARANTY
Art. 2033. Juridical persons may compromise only in but not to all of the questions settled shall not itself be
the form and with the requisites which may be a cause for annulment or rescission of the CHAPTER 1
necessary to alienate their property. (1812a) compromise, unless said documents have been NATURE AND EXTENT OF GUARANTY
concealed by one of the parties.
Art. 2034. There may be a compromise upon the civil Art. 2047. By guaranty a person, called the guarantor,
liability arising from an offense; but such compromise But the compromise may be annulled or rescinded if it binds himself to the creditor to fulfill the obligation of
shall not extinguish the public action for the imposition refers only to one thing to which one of the parties the principal debtor in case the latter should fail to do
of the legal penalty. (1813) has no right, as shown by the newly-discovered so.
documents. (n)
Art. 2035. No compromise upon the following If a person binds himself solidarily with the principal
questions shall be valid: Art. 2040. If after a litigation has been decided by a debtor, the provisions of Section 4, Chapter 3, Title I
final judgment, a compromise should be agreed upon, of this Book shall be observed. In such case the
(1) The civil status of persons; either or both parties being unaware of the existence contract is called a suretyship. (1822a)
of the final judgment, the compromise may be
(2) The validity of a marriage or a legal separation; rescinded. Art. 2048. A guaranty is gratuitous, unless there is a
stipulation to the contrary. (n)
 liable for those costs incurred after he has been property of the debtor within Philippine territory,
Art. 2049. A married woman may guarantee an judicially required to pay. (1827a) sufficient to cover the amount of the debt. (1832)
obligation without the husband's consent, but shall not
thereby bind the conjugal partnership, except in cases Art. 2056. One who is obliged to furnish a guarantor Art. 2061. The guarantor having fulfilled all the
provided by law. (n) shall present a person who possesses integrity, conditions required in the preceding article, the
capacity to bind himself, and sufficient property to creditor who is negligent in exhausting the property
Art. 2050. If a guaranty is entered into without the answer for the obligation which he guarantees. The pointed out shall suffer the loss, to the extent of said
knowledge or consent, or against the will of the guarantor shall be subject to the jurisdiction of the property, for the insolvency of the debtor resulting
principal debtor, the provisions of Articles 1236 and court of the place where this obligation is to be from such negligence. (1833a)
1237 shall apply. (n) complied with. (1828a)
Art. 2062. In every action by the creditor, which must
Art. 2051. A guaranty may be conventional, legal or Art. 2057. If the guarantor should be convicted in first be against the principal debtor alone, except in the
judicial, gratuitous, or by onerous title. instance of a crime involving dishonesty or should cases mentioned in Article 2059, the former shall ask
become insolvent, the creditor may demand another the court to notify the guarantor of the action. The
It may also be constituted, not only in favor of the who has all the qualifications required in the guarantor may appear so that he may, if he so desire,
principal debtor, but also in favor of the other preceding article. The case is excepted where the set up such defenses as are granted him by law. The
guarantor, with the latter's consent, or without his creditor has required and stipulated that a specified benefit of excussion mentioned in Article 2058 shall
knowledge, or even over his objection. (1823) person should be the guarantor. (1829a) always be unimpaired, even if judgment should be
rendered against the principal debtor and the
Art. 2052. A guaranty cannot exist without a valid CHAPTER 2 guarantor in case of appearance by the latter. (1834a)
obligation. EFFECTS OF GUARANTY
Art. 2063. A compromise between the creditor and the
Nevertheless, a guaranty may be constituted to SECTION 1. - Effects of Guaranty principal debtor benefits the guarantor but does not
guarantee the performance of a voidable or an Between the Guarantor and the Creditor prejudice him. That which is entered into between the
unenforceable contract. It may also guarantee a guarantor and the creditor benefits but does not
natural obligation. (1824a) Art. 2058. The guarantor cannot be compelled to pay prejudice the principal debtor. (1835a)
the creditor unless the latter has exhausted all the
Art. 2053. A guaranty may also be given as security property of the debtor, and has resorted to all the Art. 2064. The guarantor of a guarantor shall enjoy
for future debts, the amount of which is not yet known; legal remedies against the debtor. (1830a) the benefit of excussion, both with respect to the
there can be no claim against the guarantor until the guarantor and to the principal debtor. (1836)
debt is liquidated. A conditional obligation may also be Art. 2059. The excussion shall not take place:
secured. (1825a) Art. 2065. Should there be several guarantors of only
(1) If the guarantor has expressly renounced it; one debtor and for the same debt, the obligation to
Art. 2054. A guarantor may bind himself for less, but answer for the same is divided among all. The
not for more than the principal debtor, both as regards (2) If he has bound himself solidarily with the debtor; creditor cannot claim from the guarantors except the
the amount and the onerous nature of the conditions. shares which they are respectively bound to pay,
(3) In case of insolvency of the debtor; unless solidarity has been expressly stipulated.
Should he have bound himself for more, his
obligations shall be reduced to the limits of that of the (4) When he has absconded, or cannot be sued within The benefit of division against the co-guarantors
debtor. (1826) the Philippines unless he has left a manager or ceases in the same cases and for the same reasons
representative; as the benefit of excussion against the principal
Art. 2055. A guaranty is not presumed; it must be debtor. (1837)
express and cannot extend to more than what is (5) If it may be presumed that an execution on the
stipulated therein. property of the principal debtor would not result in the SECTION 2. - Effects of Guaranty
satisfaction of the obligation. (1831a) Between the Debtor and the Guarantor
If it be simple or indefinite, it shall compromise not
only the principal obligation, but also all its Art. 2060. In order that the guarantor may make use Art. 2066. The guarantor who pays for a debtor must
accessories, including the judicial costs, provided with of the benefit of exclusion, he must set it up against be indemnified by the latter.
respect to the latter, that the guarantor shall only be the creditor upon the latter's demand for payment The indemnity comprises:
from him, and point out to the creditor available
(1) The total amount of the debt; (3) When the debtor has bound himself to relieve him principal debtor against the creditor, and which are
from the guaranty within a specified period, and this not purely personal to the debtor. (1845)
(2) The legal interests thereon from the time the period has expired;
payment was made known to the debtor, even though Art. 2075. A sub-guarantor, in case of the insolvency
it did not earn interest for the creditor; (4) When the debt has become demandable, by of the guarantor for whom he bound himself, is
reason of the expiration of the period for payment; responsible to the co-guarantors in the same terms as
(3) The expenses incurred by the guarantor after the guarantor. (1846)
having notified the debtor that payment had been (5) After the lapse of ten years, when the principal
demanded of him; obligation has no fixed period for its maturity, unless it CHAPTER 3
be of such nature that it cannot be extinguished EXTINGUISHMENT OF GUARANTY
(4) Damages, if they are due. (1838a) except within a period longer than ten years;
Art. 2076. The obligation of the guarantor is
Art. 2067. The guarantor who pays is subrogated by (6) If there are reasonable grounds to fear that the extinguished at the same time as that of the debtor,
virtue thereof to all the rights which the creditor had principal debtor intends to abscond; and for the same causes as all other obligations.
against the debtor. (1847)
(7) If the principal debtor is in imminent danger of
If the guarantor has compromised with the creditor, he becoming insolvent. Art. 2077. If the creditor voluntarily accepts
cannot demand of the debtor more than what he has immovable or other property in payment of the debt,
really paid. (1839) In all these cases, the action of the guarantor is to even if he should afterwards lose the same through
obtain release from the guaranty, or to demand a eviction, the guarantor is released. (1849)
Art. 2068. If the guarantor should pay without notifying security that shall protect him from any proceedings
the debtor, the latter may enforce against him all the by the creditor and from the danger of insolvency of Art. 2078. A release made by the creditor in favor of
defenses which he could have set up against the the debtor. (1834a) one of the guarantors, without the consent of the
creditor at the time the payment was made. (1840) others, benefits all to the extent of the share of the
Art. 2072. If one, at the request of another, becomes a guarantor to whom it has been granted. (1850)
Art. 2069. If the debt was for a period and the guarantor for the debt of a third person who is not
guarantor paid it before it became due, he cannot present, the guarantor who satisfies the debt may sue Art. 2079. An extension granted to the debtor by the
demand reimbursement of the debtor until the either the person so requesting or the debtor for creditor without the consent of the guarantor
expiration of the period unless the payment has been reimbursement. (n) extinguishes the guaranty. The mere failure on the
ratified by the debtor. (1841a) part of the creditor to demand payment after the debt
SECTION 3. - Effects of Guaranty as Between Co- has become due does not of itself constitute any
Art. 2070. If the guarantor has paid without notifying Guarantors extention of time referred to herein. (1851a)
the debtor, and the latter not being aware of the
payment, repeats the payment, the former has no Art. 2073. When there are two or more guarantors of Art. 2080. The guarantors, even though they be
remedy whatever against the debtor, but only against the same debtor and for the same debt, the one solidary, are released from their obligation whenever
the creditor. Nevertheless, in case of a gratuitous among them who has paid may demand of each of by some act of the creditor they cannot be subrogated
guaranty, if the guarantor was prevented by a the others the share which is proportionally owing to the rights, mortgages, and preference of the latter.
fortuitous event from advising the debtor of the from him. (1852)
payment, and the creditor becomes insolvent, the If any of the guarantors should be insolvent, his share
debtor shall reimburse the guarantor for the amount shall be borne by the others, including the payer, in Art. 2081. The guarantor may set up against the
paid. (1842a) the same proportion. creditor all the defenses which pertain to the principal
debtor and are inherent in the debt; but not those that
Art. 2071. The guarantor, even before having paid, The provisions of this article shall not be applicable, are personal to the debtor. (1853)
may proceed against the principal debtor: unless the payment has been made by virtue of a
judicial demand or unless the principal debtor is CHAPTER 4
(1) When he is sued for the payment; insolvent. (1844a) LEGAL AND JUDICIAL BONDS

(2) In case of insolvency of the principal debtor; Art. 2074. In the case of the preceding article, the co- Art. 2082. The bondsman who is to be offered in
guarantors may set up against the one who paid, the virtue of a provision of law or of a judicial order shall
same defenses which would have pertained to the
have the qualifications prescribed in Article 2056 and them. Any stipulation to the contrary is null and void. the possession of the creditor, or of a third person by
in special laws. (1854a) (1859a) common agreement. (1863)

Art. 2083. If the person bound to give a bond in the Art. 2089. A pledge or mortgage is indivisible, even Art. 2094. All movables which are within commerce
cases of the preceding article, should not be able to though the debt may be divided among the may be pledged, provided they are susceptible of
do so, a pledge or mortgage considered sufficient to successors in interest of the debtor or of the creditor. possession. (1864)
cover his obligation shall be admitted in lieu thereof.
(1855) Therefore, the debtor's heir who has paid a part of the Art. 2095. Incorporeal rights, evidenced by negotiable
debt cannot ask for the proportionate extinguishment instruments, bills of lading, shares of stock, bonds,
Art. 2084. A judicial bondsman cannot demand the of the pledge or mortgage as long as the debt is not warehouse receipts and similar documents may also
exhaustion of the property of the principal debtor. completely satisfied. be pledged. The instrument proving the right pledged
shall be delivered to the creditor, and if negotiable,
A sub-surety in the same case, cannot demand the Neither can the creditor's heir who received his share must be indorsed. (n)
exhaustion of the property of the debtor of the surety. of the debt return the pledge or cancel the mortgage,
to the prejudice of the other heirs who have not been Art. 2096. A pledge shall not take effect against third
Title XVI. - PLEDGE, MORTGAGE AND paid. persons if a description of the thing pledged and the
ANTICHRESIS date of the pledge do not appear in a public
From these provisions is expected the case in which, instrument. (1865a)
CHAPTER 1 there being several things given in mortgage or
PROVISIONS COMMON TO PLEDGE AND pledge, each one of them guarantees only a Art. 2097. With the consent of the pledgee, the thing
MORTGAGE determinate portion of the credit. pledged may be alienated by the pledgor or owner,
subject to the pledge. The ownership of the thing
Art. 2085. The following requisites are essential to the The debtor, in this case, shall have a right to the pledged is transmitted to the vendee or transferee as
contracts of pledge and mortgage: extinguishment of the pledge or mortgage as the soon as the pledgee consents to the alienation, but
portion of the debt for which each thing is specially the latter shall continue in possession. (n)
(1) That they be constituted to secure the fulfillment of answerable is satisfied. (1860)
a principal obligation; Art. 2098. The contract of pledge gives a right to the
Art. 2090. The indivisibility of a pledge or mortgage is creditor to retain the thing in his possession or in that
(2) That the pledgor or mortgagor be the absolute not affected by the fact that the debtors are not of a third person to whom it has been delivered, until
owner of the thing pledged or mortgaged; solidarily liable. (n) the debt is paid. (1866a)

(3) That the persons constituting the pledge or Art. 2091. The contract of pledge or mortgage may Art. 2099. The creditor shall take care of the thing
mortgage have the free disposal of their property, and secure all kinds of obligations, be they pure or subject pledged with the diligence of a good father of a family;
in the absence thereof, that they be legally authorized to a suspensive or resolutory condition. (1861) he has a right to the reimbursement of the expenses
for the purpose. made for its preservation, and is liable for its loss or
Art. 2092. A promise to constitute a pledge or deterioration, in conformity with the provisions of this
Third persons who are not parties to the principal mortgage gives rise only to a personal action between Code. (1867)
obligation may secure the latter by pledging or the contracting parties, without prejudice to the
mortgaging their own property. (1857) criminal responsibility incurred by him who defrauds Art. 2100. The pledgee cannot deposit the thing
another, by offering in pledge or mortgage as pledged with a third person, unless there is a
Art. 2086. The provisions of Article 2052 are unencumbered, things which he knew were subject to stipulation authorizing him to do so.
applicable to a pledge or mortgage. (n) some burden, or by misrepresenting himself to be the
owner of the same. (1862) The pledgee is responsible for the acts of his agents
Art. 2087. It is also of the essence of these contracts or employees with respect to the thing pledged. (n)
that when the principal obligation becomes due, the CHAPTER 2
things in which the pledge or mortgage consists may PLEDGE Art. 2101. The pledgor has the same responsibility as
be alienated for the payment to the creditor. (1858) a bailor in commodatum in the case under Article
Art. 2093. In addition to the requisites prescribed in 1951. (n)
Art. 2088. The creditor cannot appropriate the things Article 2085, it is necessary, in order to constitute the
given by way of pledge or mortgage, or dispose of contract of pledge, that the thing pledged be placed in
Art. 2102. If the pledge earns or produces fruits, The pledgee is bound to advise the pledgor, without Art. 2113. At the public auction, the pledgor or owner
income, dividends, or interests, the creditor shall delay, of any danger to the thing pledged. (n) may bid. He shall, moreover, have a better right if he
compensate what he receives with those which are should offer the same terms as the highest bidder.
owing him; but if none are owing him, or insofar as the Art. 2108. If, without the fault of the pledgee, there is
amount may exceed that which is due, he shall apply danger of destruction, impairment, or diminution in The pledgee may also bid, but his offer shall not be
it to the principal. Unless there is a stipulation to the value of the thing pledged, he may cause the same to valid if he is the only bidder. (n)
contrary, the pledge shall extend to the interest and be sold at a public sale. The proceeds of the auction
earnings of the right pledged. shall be a security for the principal obligation in the Art. 2114. All bids at the public auction shall offer to
same manner as the thing originally pledged. (n) pay the purchase price at once. If any other bid is
In case of a pledge of animals, their offspring shall accepted, the pledgee is deemed to have been
pertain to the pledgor or owner of animals pledged, Art. 2109. If the creditor is deceived on the substance received the purchase price, as far as the pledgor or
but shall be subject to the pledge, if there is no or quality of the thing pledged, he may either claim owner is concerned. (n)
stipulation to the contrary. (1868a) another thing in its stead, or demand immediate
payment of the principal obligation. (n) Art. 2115. The sale of the thing pledged shall
Art. 2103. Unless the thing pledged is expropriated, extinguish the principal obligation, whether or not the
the debtor continues to be the owner thereof. Art. 2110. If the thing pledged is returned by the proceeds of the sale are equal to the amount of the
pledgee to the pledgor or owner, the pledge is principal obligation, interest and expenses in a proper
Nevertheless, the creditor may bring the actions extinguished. Any stipulation to the contrary shall be case. If the price of the sale is more than said
which pertain to the owner of the thing pledged in void. amount, the debtor shall not be entitled to the excess,
order to recover it from, or defend it against a third unless it is otherwise agreed. If the price of the sale is
person. (1869) If subsequent to the perfection of the pledge, the thing less, neither shall the creditor be entitled to recover
is in the possession of the pledgor or owner, there is a the deficiency, notwithstanding any stipulation to the
Art. 2104. The creditor cannot use the thing pledged, prima facie presumption that the same has been contrary. (n)
without the authority of the owner, and if he should do returned by the pledgee. This same presumption
so, or should misuse the thing in any other way, the exists if the thing pledged is in the possession of a Art. 2116. After the public auction, the pledgee shall
owner may ask that it be judicially or extrajudicially third person who has received it from the pledgor or promptly advise the pledgor or owner of the result
deposited. When the preservation of the thing owner after the constitution of the pledge. (n) thereof. (n)
pledged requires its use, it must be used by the
creditor but only for that purpose. (1870a) Art. 2111. A statement in writing by the pledgee that Art. 2117. Any third person who has any right in or to
he renounces or abandons the pledge is sufficient to the thing pledged may satisfy the principal obligation
Art. 2105. The debtor cannot ask for the return of the extinguish the pledge. For this purpose, neither the as soon as the latter becomes due and demandable.
thing pledged against the will of the creditor, unless acceptance by the pledgor or owner, nor the return of (n)
and until he has paid the debt and its interest, with the thing pledged is necessary, the pledgee becoming
expenses in a proper case. (1871) a depositary. (n) Art. 2118. If a credit which has been pledged
becomes due before it is redeemed, the pledgee may
Art. 2106. If through the negligence or wilful act of the Art. 2112. The creditor to whom the credit has not collect and receive the amount due. He shall apply
pledgee, the thing pledged is in danger of being lost been satisfied in due time, may proceed before a the same to the payment of his claim, and deliver the
or impaired, the pledgor may require that it be Notary Public to the sale of the thing pledged. This surplus, should there be any, to the pledgor. (n)
deposited with a third person. (n) sale shall be made at a public auction, and with
notification to the debtor and the owner of the thing Art. 2119. If two or more things are pledged, the
Art. 2107. If there are reasonable grounds to fear the pledged in a proper case, stating the amount for pledgee may choose which he will cause to be sold,
destruction or impairment of the thing pledged, which the public sale is to be held. If at the first unless there is a stipulation to the contrary. He may
without the fault of the pledgee, the pledgor may auction the thing is not sold, a second one with the demand the sale of only as many of the things as are
demand the return of the thing, upon offering another same formalities shall be held; and if at the second necessary for the payment of the debt. (n)
thing in pledge, provided the latter is of the same kind auction there is no sale either, the creditor may
as the former and not of inferior quality, and without appropriate the thing pledged. In this case he shall be Art. 2120. If a third party secures an obligation by
prejudice to the right of the pledgee under the obliged to give an acquittance for his entire claim. pledging his own movable property under the
provisions of the following article. (1872a) provisions of Article 2085 he shall have the same
rights as a guarantor under Articles 2066 to 2070, and
Articles 2077 to 2081. He is not prejudiced by any Art. 2126. The mortgage directly and immediately Art. 2134. The amount of the principal and of the
waiver of defense by the principal obligor. (n) subjects the property upon which it is imposed, interest shall be specified in writing; otherwise, the
whoever the possessor may be, to the fulfillment of contract of antichresis shall be void. (n)
Art. 2121. Pledges created by operation of law, such the obligation for whose security it was constituted.
as those referred to in Articles 546, 1731, and 1994, (1876) Art. 2135. The creditor, unless there is a stipulation to
are governed by the foregoing articles on the the contrary, is obliged to pay the taxes and charges
possession, care and sale of the thing as well as on Art. 2127. The mortgage extends to the natural upon the estate.
the termination of the pledge. However, after payment accessions, to the improvements, growing fruits, and
of the debt and expenses, the remainder of the price the rents or income not yet received when the He is also bound to bear the expenses necessary for
of the sale shall be delivered to the obligor. (n) obligation becomes due, and to the amount of the its preservation and repair.
indemnity granted or owing to the proprietor from the
Art. 2122. A thing under a pledge by operation of law insurers of the property mortgaged, or in virtue of The sums spent for the purposes stated in this article
may be sold only after demand of the amount for expropriation for public use, with the declarations, shall be deducted from the fruits. (1882)
which the thing is retained. The public auction shall amplifications and limitations established by law,
take place within one month after such demand. If, whether the estate remains in the possession of the Art. 2136. The debtor cannot reacquire the enjoyment
without just grounds, the creditor does not cause the mortgagor, or it passes into the hands of a third of the immovable without first having totally paid what
public sale to be held within such period, the debtor person. (1877) he owes the creditor.
may require the return of the thing. (n)
Art. 2128. The mortgage credit may be alienated or But the latter, in order to exempt himself from the
Art. 2123. With regard to pawnshops and other assigned to a third person, in whole or in part, with the obligations imposed upon him by the preceding
establishments, which are engaged in making loans formalities required by law. (1878) article, may always compel the debtor to enter again
secured by pledges, the special laws and regulations upon the enjoyment of the property, except when
concerning them shall be observed, and subsidiarily, Art. 2129. The creditor may claim from a third person there is a stipulation to the contrary. (1883)
the provisions of this Title. (1873a) in possession of the mortgaged property, the payment
of the part of the credit secured by the property which Art. 2137. The creditor does not acquire the
CHAPTER 3 said third person possesses, in the terms and with the ownership of the real estate for non-payment of the
MORTGAGE formalities which the law establishes. (1879) debt within the period agreed upon.

Art. 2124. Only the following property may be the Art. 2130. A stipulation forbidding the owner from Every stipulation to the contrary shall be void. But the
object of a contract of mortgage: alienating the immovable mortgaged shall be void. (n) creditor may petition the court for the payment of the
debt or the sale of the real property. In this case, the
(1) Immovables; Art. 2131. The form, extent and consequences of a Rules of Court on the foreclosure of mortgages shall
(2) Alienable real rights in accordance with the laws, mortgage, both as to its constitution, modification and apply. (1884a)
imposed upon immovables. extinguishment, and as to other matters not included
in this Chapter, shall be governed by the provisions of Art. 2138. The contracting parties may stipulate that
Nevertheless, movables may be the object of a the Mortgage Law and of the Land Registration Law. the interest upon the debt be compensated with the
chattel mortgage. (1874a) (1880a) fruits of the property which is the object of the
antichresis, provided that if the value of the fruits
Art. 2125. In addition to the requisites stated in Article CHAPTER 4 should exceed the amount of interest allowed by the
2085, it is indispensable, in order that a mortgage ANTICHRESIS laws against usury, the excess shall be applied to the
may be validly constituted, that the document in which principal. (1885a)
it appears be recorded in the Registry of Property. If Art. 2132. By the contract of antichresis the creditor
the instrument is not recorded, the mortgage is acquires the right to receive the fruits of an Art. 2139. The last paragraph of Article 2085, and
nevertheless binding between the parties. immovable of his debtor, with the obligation to apply Articles 2089 to 2091 are applicable to this contract.
them to the payment of the interest, if owing, and (1886a)
The persons in whose favor the law establishes a thereafter to the principal of his credit. (1881)
mortgage have no other right than to demand the Art. 2133. The actual market value of the fruits at the CHAPTER 5
execution and the recording of the document in which time of the application thereof to the interest and CHATTEL MORTGAGE
the mortgage is formalized. (1875a) principal shall be the measure of such application. (n)
Art. 2140. By a chattel mortgage, personal property is Art. 2149. The ratification of the management by the
recorded in the Chattel Mortgage Register as a Art. 2145. The officious manager shall perform his owner of the business produces the effects of an
security for the performance of an obligation. If the duties with all the diligence of a good father of a express agency, even if the business may not have
movable, instead of being recorded, is delivered to family, and pay the damages which through his fault been successful. (1892a)
the creditor or a third person, the contract is a pledge or negligence may be suffered by the owner of the
and not a chattel mortgage. (n) property or business under management. Art. 2150. Although the officious management may
not have been expressly ratified, the owner of the
Art. 2141. The provisions of this Code on pledge, The courts may, however, increase or moderate the property or business who enjoys the advantages of
insofar as they are not in conflict with the Chattel indemnity according to the circumstances of each the same shall be liable for obligations incurred in his
Mortgage Law shall be applicable to chattel case. (1889a) interest, and shall reimburse the officious manager for
mortgages. (n) the necessary and useful expenses and for the
Art. 2146. If the officious manager delegates to damages which the latter may have suffered in the
Title XVII. - EXTRA-CONTRACTUAL OBLIGATIONS another person all or some of his duties, he shall be performance of his duties.
liable for the acts of the delegate, without prejudice to
CHAPTER 1 the direct obligation of the latter toward the owner of The same obligation shall be incumbent upon him
QUASI-CONTRACTS the business. when the management had for its purpose the
prevention of an imminent and manifest loss, although
Art. 2142. Certain lawful, voluntary and unilateral acts The responsibility of two or more officious managers no benefit may have been derived. (1893)
give rise to the juridical relation of quasi-contract to shall be solidary, unless the management was
the end that no one shall be unjustly enriched or assumed to save the thing or business from imminent Art. 2151. Even though the owner did not derive any
benefited at the expense of another. (n) danger. (1890a) benefit and there has been no imminent and manifest
danger to the property or business, the owner is liable
Art. 2143. The provisions for quasi-contracts in this Art. 2147. The officious manager shall be liable for as under the first paragraph of the preceding article,
Chapter do not exclude other quasi-contracts which any fortuitous event: provided:
may come within the purview of the preceding article.
(n) (1) If he undertakes risky operations which the owner (1) The officious manager has acted in good faith, and
was not accustomed to embark upon;
SECTION 1. - Negotiorum Gestio (2) The property or business is intact, ready to be
(2) If he has preferred his own interest to that of the returned to the owner. (n)
Art. 2144. Whoever voluntarily takes charge of the owner;
agency or management of the business or property of Art. 2152. The officious manager is personally liable
another, without any power from the latter, is obliged (3) If he fails to return the property or business after for contracts which he has entered into with third
to continue the same until the termination of the affair demand by the owner; persons, even though he acted in the name of the
and its incidents, or to require the person concerned owner, and there shall be no right of action between
to substitute him, if the owner is in a position to do so. (4) If he assumed the management in bad faith. the owner and third persons. These provisions shall
This juridical relation does not arise in either of these (1891a) not apply:
instances:
Art. 2148. Except when the management was (1) If the owner has expressly or tacitly ratified the
(1) When the property or business is not neglected or assumed to save property or business from imminent management, or
abandoned; danger, the officious manager shall be liable for
fortuitous events: (2) When the contract refers to things pertaining to the
(2) If in fact the manager has been tacitly authorized owner of the business. (n)
by the owner. (1) If he is manifestly unfit to carry on the
management; Art. 2153. The management is extinguished:
In the first case, the provisions of Articles 1317, 1403,
No. 1, and 1404 regarding unauthorized contracts (2) If by his intervention he prevented a more (1) When the owner repudiates it or puts an end
shall govern. competent person from taking up the management. thereto;
(n)
In the second case, the rules on agency in Title X of
this Book shall be applicable. (1888a)
(2) When the officious manager withdraws from the Art. 2161. As regards the reimbursement for unless the service has been rendered out of pure
management, subject to the provisions of Article improvements and expenses incurred by him who generosity.
2144; unduly received the thing, the provisions of Title V of
Book II shall govern. (1898) Art. 2168. When during a fire, flood, storm, or other
(3) By the death, civil interdiction, insanity or calamity, property is saved from destruction by
insolvency of the owner or the officious manager. (n) Art. 2162. He shall be exempt from the obligation to another person without the knowledge of the owner,
restore who, believing in good faith that the payment the latter is bound to pay the former just
SECTION 2. - Solutio Indebiti was being made of a legitimate and subsisting claim, compensation.
destroyed the document, or allowed the action to
Art. 2154. If something is received when there is no prescribe, or gave up the pledges, or cancelled the Art. 2169. When the government, upon the failure of
right to demand it, and it was unduly delivered guaranties for his right. He who paid unduly may any person to comply with health or safety regulations
through mistake, the obligation to return it arises. proceed only against the true debtor or the guarantors concerning property, undertakes to do the necessary
(1895) with regard to whom the action is still effective. (1899) work, even over his objection, he shall be liable to pay
the expenses.
Art. 2155. Payment by reason of a mistake in the Art. 2163. It is presumed that there was a mistake in
construction or application of a doubtful or difficult the payment if something which had never been due Art. 2170. When by accident or other fortuitous event,
question of law may come within the scope of the or had already been paid was delivered; but he from movables separately pertaining to two or more
preceding article. (n) whom the return is claimed may prove that the persons are commingled or confused, the rules on co-
delivery was made out of liberality or for any other just ownership shall be applicable.
Art. 2156. If the payer was in doubt whether the debt cause. (1901)
was due, he may recover if he proves that it was not Art. 2171. The rights and obligations of the finder of
due. (n) SECTION 3. - Other Quasi-Contracts lost personal property shall be governed by Articles
719 and 720.
Art. 2157. The responsibility of two or more payees, Art. 2164. When, without the knowledge of the person
when there has been payment of what is not due, is obliged to give support, it is given by a stranger, the Art. 2172. The right of every possessor in good faith
solidary. (n) latter shall have a right to claim the same from the to reimbursement for necessary and useful expenses
former, unless it appears that he gave it out of piety is governed by Article 546.
Art. 2158. When the property delivered or money paid and without intention of being repaid. (1894a)
belongs to a third person, the payee shall comply with Art. 2173. When a third person, without the
the provisions of article 1984. (n) Art. 2165. When funeral expenses are borne by a knowledge of the debtor, pays the debt, the rights of
third person, without the knowledge of those relatives the former are governed by Articles 1236 and 1237.
Art. 2159. Whoever in bad faith accepts an undue who were obliged to give support to the deceased,
payment, shall pay legal interest if a sum of money is said relatives shall reimburse the third person, should Art. 2174. When in a small community a nationality of
involved, or shall be liable for fruits received or which the latter claim reimbursement. (1894a) the inhabitants of age decide upon a measure for
should have been received if the thing produces fruits. protection against lawlessness, fire, flood, storm or
Art. 2166. When the person obliged to support an other calamity, any one who objects to the plan and
He shall furthermore be answerable for any loss or orphan, or an insane or other indigent person unjustly refuses to contribute to the expenses but is benefited
impairment of the thing from any cause, and for refuses to give support to the latter, any third person by the project as executed shall be liable to pay his
damages to the person who delivered the thing, until it may furnish support to the needy individual, with right share of said expenses.
is recovered. (1896a) of reimbursement from the person obliged to give
support. The provisions of this article apply when the Art. 2175. Any person who is constrained to pay the
Art. 2160. He who in good faith accepts an undue father or mother of a child under eighteen years of taxes of another shall be entitled to reimbursement
payment of a thing certain and determinate shall only age unjustly refuses to support him. from the latter.
be responsible for the impairment or loss of the same
or its accessories and accessions insofar as he has Art. 2167. When through an accident or other cause a CHAPTER 2
thereby been benefited. If he has alienated it, he shall person is injured or becomes seriously ill, and he is QUASI-DELICTS
return the price or assign the action to collect the treated or helped while he is not in a condition to give
sum. (1897) consent to a contract, he shall be liable to pay for the Art. 2176. Whoever by act or omission causes
services of the physician or other person aiding him, damage to another, there being fault or negligence, is
obliged to pay for the damage done. Such fault or
negligence, if there is no pre-existing contractual done properly pertains, in which case what is Art. 2186. Every owner of a motor vehicle shall file
relation between the parties, is called a quasi-delict provided in Article 2176 shall be applicable. with the proper government office a bond executed by
and is governed by the provisions of this Chapter. a government-controlled corporation or office, to
(1902a) Lastly, teachers or heads of establishments of arts answer for damages to third persons. The amount of
and trades shall be liable for damages caused by their the bond and other terms shall be fixed by the
Art. 2177. Responsibility for fault or negligence under pupils and students or apprentices, so long as they competent public official. (n)
the preceding article is entirely separate and distinct remain in their custody.
from the civil liability arising from negligence under Art. 2187. Manufacturers and processors of
the Penal Code. But the plaintiff cannot recover The responsibility treated of in this article shall cease foodstuffs, drinks, toilet articles and similar goods
damages twice for the same act or omission of the when the persons herein mentioned prove that they shall be liable for death or injuries caused by any
defendant. (n) observed all the diligence of a good father of a family noxious or harmful substances used, although no
to prevent damage. (1903a) contractual relation exists between them and the
Art. 2178. The provisions of Articles 1172 to 1174 are consumers. (n)
also applicable to a quasi-delict. (n) Art. 2181. Whoever pays for the damage caused by
his dependents or employees may recover from the Art. 2188. There is prima facie presumption of
Art. 2179. When the plaintiff's own negligence was the latter what he has paid or delivered in satisfaction of negligence on the part of the defendant if the death or
immediate and proximate cause of his injury, he the claim. (1904) injury results from his possession of dangerous
cannot recover damages. But if his negligence was weapons or substances, such as firearms and poison,
only contributory, the immediate and proximate cause Art. 2182. If the minor or insane person causing except when the possession or use thereof is
of the injury being the defendant's lack of due care, damage has no parents or guardian, the minor or indispensable in his occupation or business. (n)
the plaintiff may recover damages, but the courts shall insane person shall be answerable with his own
mitigate the damages to be awarded. (n) property in an action against him where a guardian ad Art. 2189. Provinces, cities and municipalities shall be
litem shall be appointed. (n) liable for damages for the death of, or injuries suffered
Art. 2180. The obligation imposed by Article 2176 is by, any person by reason of the defective condition of
demandable not only for one's own acts or omissions, Art. 2183. The possessor of an animal or whoever roads, streets, bridges, public buildings, and other
but also for those of persons for whom one is may make use of the same is responsible for the public works under their control or supervision. (n)
responsible. damage which it may cause, although it may escape
or be lost. This responsibility shall cease only in case Art. 2190. The proprietor of a building or structure is
The father and, in case of his death or incapacity, the the damage should come from force majeure or from responsible for the damages resulting from its total or
mother, are responsible for the damages caused by the fault of the person who has suffered damage. partial collapse, if it should be due to the lack of
the minor children who live in their company. (1905) necessary repairs. (1907)

Guardians are liable for damages caused by the Art. 2184. In motor vehicle mishaps, the owner is Art. 2191. Proprietors shall also be responsible for
minors or incapacitated persons who are under their solidarily liable with his driver, if the former, who was damages caused:
authority and live in their company. in the vehicle, could have, by the use of the due
diligence, prevented the misfortune. It is disputably (1) By the explosion of machinery which has not been
The owners and managers of an establishment or presumed that a driver was negligent, if he had been taken care of with due diligence, and the inflammation
enterprise are likewise responsible for damages found guilty or reckless driving or violating traffic of explosive substances which have not been kept in
caused by their employees in the service of the regulations at least twice within the next preceding a safe and adequate place;
branches in which the latter are employed or on the two months.
occasion of their functions. (2) By excessive smoke, which may be harmful to
If the owner was not in the motor vehicle, the persons or property;
Employers shall be liable for the damages caused by provisions of Article 2180 are applicable. (n)
their employees and household helpers acting within (3) By the falling of trees situated at or near highways
the scope of their assigned tasks, even though the Art. 2185. Unless there is proof to the contrary, it is or lanes, if not caused by force majeure;
former are not engaged in any business or industry. presumed that a person driving a motor vehicle has
been negligent if at the time of the mishap, he was (4) By emanations from tubes, canals, sewers or
The State is responsible in like manner when it acts violating any traffic regulation. (n) deposits of infectious matter, constructed without
through a special agent; but not when the damage precautions suitable to the place. (1908)
has been caused by the official to whom the task
Art. 2192. If damage referred to in the two preceding such pecuniary loss suffered by him as he has duly (1) The defendant shall be liable for the loss of the
articles should be the result of any defect in the proved. Such compensation is referred to as actual or earning capacity of the deceased, and the indemnity
construction mentioned in Article 1723, the third compensatory damages. shall be paid to the heirs of the latter; such indemnity
person suffering damages may proceed only against shall in every case be assessed and awarded by the
the engineer or architect or contractor in accordance Art. 2200. Indemnification for damages shall court, unless the deceased on account of permanent
with said article, within the period therein fixed. (1909) comprehend not only the value of the loss suffered, physical disability not caused by the defendant, had
but also that of the profits which the obligee failed to no earning capacity at the time of his death;
Art. 2193. The head of a family that lives in a building obtain. (1106)
or a part thereof, is responsible for damages caused (2) If the deceased was obliged to give support
by things thrown or falling from the same. (1910) Art. 2201. In contracts and quasi-contracts, the according to the provisions of Article 291, the recipient
damages for which the obligor who acted in good faith who is not an heir called to the decedent's inheritance
Art. 2194. The responsibility of two or more persons is liable shall be those that are the natural and by the law of testate or intestate succession, may
who are liable for quasi-delict is solidary. (n) probable consequences of the breach of the demand support from the person causing the death,
obligation, and which the parties have foreseen or for a period not exceeding five years, the exact
Title XVIII. - DAMAGES could have reasonably foreseen at the time the duration to be fixed by the court;
obligation was constituted.
CHAPTER 1 (3) The spouse, legitimate and illegitimate
GENERAL PROVISIONS In case of fraud, bad faith, malice or wanton attitude, descendants and ascendants of the deceased may
the obligor shall be responsible for all damages which demand moral damages for mental anguish by reason
Art. 2195. The provisions of this Title shall be may be reasonably attributed to the non-performance of the death of the deceased.
respectively applicable to all obligations mentioned in of the obligation. (1107a)
Article 1157. Art. 2207. If the plaintiff's property has been insured,
Art. 2202. In crimes and quasi-delicts, the defendant and he has received indemnity from the insurance
Art. 2196. The rules under this Title are without shall be liable for all damages which are the natural company for the injury or loss arising out of the wrong
prejudice to special provisions on damages and probable consequences of the act or omission or breach of contract complained of, the insurance
formulated elsewhere in this Code. Compensation for complained of. It is not necessary that such damages company shall be subrogated to the rights of the
workmen and other employees in case of death, injury have been foreseen or could have reasonably been insured against the wrongdoer or the person who has
or illness is regulated by special laws. Rules foreseen by the defendant. violated the contract. If the amount paid by the
governing damages laid down in other laws shall be insurance company does not fully cover the injury or
observed insofar as they are not in conflict with this Art. 2203. The party suffering loss or injury must loss, the aggrieved party shall be entitled to recover
Code. exercise the diligence of a good father of a family to the deficiency from the person causing the loss or
minimize the damages resulting from the act or injury.
Art. 2197. Damages may be: omission in question.
Art. 2208. In the absence of stipulation, attorney's
(1) Actual or compensatory; Art. 2204. In crimes, the damages to be adjudicated fees and expenses of litigation, other than judicial
(2) Moral; may be respectively increased or lessened according costs, cannot be recovered, except:
(3) Nominal; to the aggravating or mitigating circumstances.
(4) Temperate or moderate; (1) When exemplary damages are awarded;
(5) Liquidated; or Art. 2205. Damages may be recovered:
(6) Exemplary or corrective. (2) When the defendant's act or omission has
(1) For loss or impairment of earning capacity in compelled the plaintiff to litigate with third persons or
Art. 2198. The principles of the general law on cases of temporary or permanent personal injury; to incur expenses to protect his interest;
damages are hereby adopted insofar as they are not (2) For injury to the plaintiff's business standing or
inconsistent with this Code. commercial credit. (3) In criminal cases of malicious prosecution against
the plaintiff;
CHAPTER 2 Art. 2206. The amount of damages for death caused
ACTUAL OR COMPENSATORY DAMAGES by a crime or quasi-delict shall be at least three (4) In case of a clearly unfounded civil action or
thousand pesos, even though there may have been proceeding against the plaintiff;
Art. 2199. Except as provided by law or by stipulation, mitigating circumstances. In addition:
one is entitled to an adequate compensation only for
(5) Where the defendant acted in gross and evident (2) Quasi-delicts causing physical injuries;
bad faith in refusing to satisfy the plaintiff's plainly Art. 2215. In contracts, quasi-contracts, and quasi-
valid, just and demandable claim; delicts, the court may equitably mitigate the damages (3) Seduction, abduction, rape, or other lascivious
under circumstances other than the case referred to acts;
(6) In actions for legal support; in the preceding article, as in the following instances:
(4) Adultery or concubinage;
(7) In actions for the recovery of wages of household (1) That the plaintiff himself has contravened the
helpers, laborers and skilled workers; terms of the contract; (5) Illegal or arbitrary detention or arrest;
(2) That the plaintiff has derived some benefit as a
(8) In actions for indemnity under workmen's result of the contract; (6) Illegal search;
compensation and employer's liability laws;
(3) In cases where exemplary damages are to be (7) Libel, slander or any other form of defamation;
(9) In a separate civil action to recover civil liability awarded, that the defendant acted upon the advice of
arising from a crime; counsel; (8) Malicious prosecution;

(10) When at least double judicial costs are awarded; (4) That the loss would have resulted in any event; (9) Acts mentioned in Article 309;

(11) In any other case where the court deems it just (5) That since the filing of the action, the defendant (10) Acts and actions referred to in Articles 21, 26, 27,
and equitable that attorney's fees and expenses of has done his best to lessen the plaintiff's loss or 28, 29, 30, 32, 34, and 35.
litigation should be recovered. injury.
The parents of the female seduced, abducted, raped,
In all cases, the attorney's fees and expenses of CHAPTER 3 or abused, referred to in No. 3 of this article, may also
litigation must be reasonable. OTHER KINDS OF DAMAGES recover moral damages.

Art. 2209. If the obligation consists in the payment of Art. 2216. No proof of pecuniary loss is necessary in The spouse, descendants, ascendants, and brothers
a sum of money, and the debtor incurs in delay, the order that moral, nominal, temperate, liquidated or and sisters may bring the action mentioned in No. 9 of
indemnity for damages, there being no stipulation to exemplary damages, may be adjudicated. The this article, in the order named.
the contrary, shall be the payment of the interest assessment of such damages, except liquidated
agreed upon, and in the absence of stipulation, the ones, is left to the discretion of the court, according to Art. 2220. Willful injury to property may be a legal
legal interest, which is six per cent per annum. (1108) the circumstances of each case. ground for awarding moral damages if the court
should find that, under the circumstances, such
Art. 2210. Interest may, in the discretion of the court, SECTION 1. - Moral Damages damages are justly due. The same rule applies to
be allowed upon damages awarded for breach of breaches of contract where the defendant acted
contract. Art. 2217. Moral damages include physical suffering, fraudulently or in bad faith.
mental anguish, fright, serious anxiety, besmirched
Art. 2211. In crimes and quasi-delicts, interest as a reputation, wounded feelings, moral shock, social SECTION 2. - Nominal Damages
part of the damages may, in a proper case, be humiliation, and similar injury. Though incapable of
adjudicated in the discretion of the court. pecuniary computation, moral damages may be Art. 2221. Nominal damages are adjudicated in order
recovered if they are the proximate result of the that a right of the plaintiff, which has been violated or
Art. 2212. Interest due shall earn legal interest from defendant's wrongful act for omission. invaded by the defendant, may be vindicated or
the time it is judicially demanded, although the recognized, and not for the purpose of indemnifying
obligation may be silent upon this point. (1109a) Art. 2218. In the adjudication of moral damages, the the plaintiff for any loss suffered by him.
sentimental value of property, real or personal, may
Art. 2213. Interest cannot be recovered upon be considered. Art. 2222. The court may award nominal damages in
unliquidated claims or damages, except when the every obligation arising from any source enumerated
demand can be established with reasonably certainty. Art. 2219. Moral damages may be recovered in the in Article 1157, or in every case where any property
following and analogous cases: right has been invaded.
Art. 2214. In quasi-delicts, the contributory negligence
of the plaintiff shall reduce the damages that he may (1) A criminal offense resulting in physical injuries; Art. 2223. The adjudication of nominal damages shall
recover. preclude further contest upon the right involved and
all accessory questions, as between the parties to the Art. 2232. In contracts and quasi-contracts, the court order of the court, be transferred to the wife or to a
suit, or their respective heirs and assigns. may award exemplary damages if the defendant third person other than the assignee. (n)
acted in a wanton, fraudulent, reckless, oppressive, or
SECTION 3. - Temperate or Moderate Damages malevolent manner. Art. 2239. If there is property, other than that
mentioned in the preceding article, owned by two or
Art. 2224. Temperate or moderate damages, which Art. 2233. Exemplary damages cannot be recovered more persons, one of whom is the insolvent debtor,
are more than nominal but less than compensatory as a matter of right; the court will decide whether or his undivided share or interest therein shall be among
damages, may be recovered when the court finds that not they should be adjudicated. the assets to be taken possession of by the assignee
some pecuniary loss has been suffered but its amount for the payment of the insolvent debtor's obligations.
can not, from the nature of the case, be provided with Art. 2234. While the amount of the exemplary (n)
certainty. damages need not be proved, the plaintiff must show
that he is entitled to moral, temperate or Art. 2240. Property held by the insolvent debtor as a
Art. 2225. Temperate damages must be reasonable compensatory damages before the court may trustee of an express or implied trust, shall be
under the circumstances. consider the question of whether or not exemplary excluded from the insolvency proceedings. (n)
damages should be awarded. In case liquidated
SECTION 4. - Liquidated Damages damages have been agreed upon, although no proof CHAPTER 2
of loss is necessary in order that such liquidated CLASSIFICATION OF CREDITS
Art. 2226. Liquidated damages are those agreed upon damages may be recovered, nevertheless, before the
by the parties to a contract, to be paid in case of court may consider the question of granting Art. 2241. With reference to specific movable property
breach thereof. exemplary in addition to the liquidated damages, the of the debtor, the following claims or liens shall be
plaintiff must show that he would be entitled to moral, preferred:
Art. 2227. Liquidated damages, whether intended as temperate or compensatory damages were it not for
an indemnity or a penalty, shall be equitably reduced the stipulation for liquidated damages. (1) Duties, taxes and fees due thereon to the State or
if they are iniquitous or unconscionable. any subdivision thereof;
Art. 2235. A stipulation whereby exemplary damages
Art. 2228. When the breach of the contract committed are renounced in advance shall be null and void. (2) Claims arising from misappropriation, breach of
by the defendant is not the one contemplated by the trust, or malfeasance by public officials committed in
parties in agreeing upon the liquidated damages, the Title XIX. - CONCURRENCE AND PREFERENCE the performance of their duties, on the movables,
law shall determine the measure of damages, and not OF CREDITS money or securities obtained by them;
the stipulation.
CHAPTER 1 (3) Claims for the unpaid price of movables sold, on
SECTION 5. - Exemplary or Corrective Damages GENERAL PROVISIONS said movables, so long as they are in the possession
of the debtor, up to the value of the same; and if the
Art. 2229. Exemplary or corrective damages are Art. 2236. The debtor is liable with all his property, movable has been resold by the debtor and the price
imposed, by way of example or correction for the present and future, for the fulfillment of his is still unpaid, the lien may be enforced on the price;
public good, in addition to the moral, temperate, obligations, subject to the exemptions provided by this right is not lost by the immobilization of the thing
liquidated or compensatory damages. law. (1911a) by destination, provided it has not lost its form,
substance and identity; neither is the right lost by the
Art. 2230. In criminal offenses, exemplary damages Art. 2237. Insolvency shall be governed by special sale of the thing together with other property for a
as a part of the civil liability may be imposed when the laws insofar as they are not inconsistent with this lump sum, when the price thereof can be determined
crime was committed with one or more aggravating Code. (n) proportionally;
circumstances. Such damages are separate and
distinct from fines and shall be paid to the offended Art. 2238. So long as the conjugal partnership or (4) Credits guaranteed with a pledge so long as the
party. absolute community subsists, its property shall not be things pledged are in the hands of the creditor, or
among the assets to be taken possession of by the those guaranteed by a chattel mortgage, upon the
Art. 2231. In quasi-delicts, exemplary damages may assignee for the payment of the insolvent debtor's things pledged or mortgaged, up to the value thereof;
be granted if the defendant acted with gross obligations, except insofar as the latter have
negligence. redounded to the benefit of the family. If it is the (5) Credits for the making, repair, safekeeping or
husband who is insolvent, the administration of the preservation of personal property, on the movable
conjugal partnership of absolute community may, by thus made, repaired, kept or possessed;
 (3) Claims of laborers, masons, mechanics and other (2) Credits for services rendered the insolvent by
(6) Claims for laborers' wages, on the goods workmen, as well as of architects, engineers and employees, laborers, or household helpers for one
manufactured or the work done; contractors, engaged in the construction, year preceding the commencement of the
reconstruction or repair of buildings, canals or other proceedings in insolvency;
(7) For expenses of salvage, upon the goods works, upon said buildings, canals or other works;
salvaged; (3) Expenses during the last illness of the debtor or of
(4) Claims of furnishers of materials used in the his or her spouse and children under his or her
(8) Credits between the landlord and the tenant, construction, reconstruction, or repair of buildings, parental authority, if they have no property of their
arising from the contract of tenancy on shares, on the canals or other works, upon said buildings, canals or own;
share of each in the fruits or harvest; other works;
(4) Compensation due the laborers or their
(9) Credits for transportation, upon the goods carried, (5) Mortgage credits recorded in the Registry of dependents under laws providing for indemnity for
for the price of the contract and incidental expenses, Property, upon the real estate mortgaged; damages in cases of labor accident, or illness
until their delivery and for thirty days thereafter; resulting from the nature of the employment;
(6) Expenses for the preservation or improvement of
(10) Credits for lodging and supplies usually furnished real property when the law authorizes reimbursement, (5) Credits and advancements made to the debtor for
to travellers by hotel keepers, on the movables upon the immovable preserved or improved; support of himself or herself, and family, during the
belonging to the guest as long as such movables are last year preceding the insolvency;
in the hotel, but not for money loaned to the guests; (7) Credits annotated in the Registry of Property, in
virtue of a judicial order, by attachments or (6) Support during the insolvency proceedings, and
(11) Credits for seeds and expenses for cultivation executions, upon the property affected, and only as to for three months thereafter;
and harvest advanced to the debtor, upon the fruits later credits;
harvested; (7) Fines and civil indemnification arising from a
(8) Claims of co-heirs for warranty in the partition of criminal offense;
(12) Credits for rent for one year, upon the personal an immovable among them, upon the real property
property of the lessee existing on the immovable thus divided; (8) Legal expenses, and expenses incurred in the
leased and on the fruits of the same, but not on administration of the insolvent's estate for the
money or instruments of credit; (9) Claims of donors or real property for pecuniary common interest of the creditors, when properly
charges or other conditions imposed upon the donee, authorized and approved by the court;
(13) Claims in favor of the depositor if the depositary upon the immovable donated;
has wrongfully sold the thing deposited, upon the (9) Taxes and assessments due the national
price of the sale. (10) Credits of insurers, upon the property insured, for government, other than those mentioned in Articles
the insurance premium for two years. (1923a) 2241, No. 1, and 2242, No. 1;
In the foregoing cases, if the movables to which the
lien or preference attaches have been wrongfully Art. 2243. The claims or credits enumerated in the (10) Taxes and assessments due any province, other
taken, the creditor may demand them from any two preceding articles shall be considered as than those referred to in Articles 2241, No. 1, and
possessor, within thirty days from the unlawful mortgages or pledges of real or personal property, or 2242, No. 1;
seizure. (1922a) liens within the purview of legal provisions governing
insolvency. Taxes mentioned in No. 1, Article 2241, (11) Taxes and assessments due any city or
Art. 2242. With reference to specific immovable and No. 1, Article 2242, shall first be satisfied. (n) municipality, other than those indicated in Articles
property and real rights of the debtor, the following 2241, No. 1, and 2242, No. 1;
claims, mortgages and liens shall be preferred, and Art. 2244. With reference to other property, real and
shall constitute an encumbrance on the immovable or personal, of the debtor, the following claims or credits (12) Damages for death or personal injuries caused
real right: shall be preferred in the order named: by a quasi-delict;

(1) Taxes due upon the land or building; (1) Proper funeral expenses for the debtor, or children (13) Gifts due to public and private institutions of
under his or her parental authority who have no charity or beneficence;
(2) For the unpaid price of real property sold, upon the property of their own, when approved by the court;
immovable sold; (14) Credits which, without special privilege, appear in
(a) a public instrument; or (b) in a final judgment, if
they have been the subject of litigation. These credits TRANSITIONAL PROVISIONS
shall have preference among themselves in the order If the fault is also punished by the previous legislation,
of priority of the dates of the instruments and of the Art. 2252. Changes made and new provisions and the less severe sanction shall be applied.
judgments, respectively. (1924a) rules laid down by this Code which may prejudice or
impair vested or acquired rights in accordance with If a continuous or repeated act or omission was
Art. 2245. Credits of any other kind or class, or by any the old legislation shall have no retroactive effect. commenced before the beginning of the effectivity of
other right or title not comprised in the four preceding For the determination of the applicable law in cases this Code, and the same subsists or is maintained or
articles, shall enjoy no preference. (1925) which are not specified elsewhere in this Code, the repeated after this body of laws has become
following articles shall be observed: (Pars. 1 and 2, operative, the sanction or penalty prescribed in this
CHAPTER 3 Transitional Provisions). Code shall be applied, even though the previous laws
ORDER OF PREFERENCE OF CREDITS may not have provided any sanction or penalty
Art. 2253. The Civil Code of 1889 and other previous therefor. (Rule 3a)
Art. 2246. Those credits which enjoy preference with laws shall govern rights originating, under said laws,
respect to specific movables, exclude all others to the from acts done or events which took place under their Art. 2258. Actions and rights which came into being
extent of the value of the personal property to which regime, even though this Code may regulate them in but were not exercised before the effectivity of this
the preference refers. a different manner, or may not recognize them. But if Code, shall remain in full force in conformity with the
a right should be declared for the first time in this old legislation; but their exercise, duration and the
Art. 2247. If there are two or more credits with respect Code, it shall be effective at once, even though the procedure to enforce them shall be regulated by this
to the same specific movable property, they shall be act or event which gives rise thereto may have been Code and by the Rules of Court. If the exercise of the
satisfied pro rata, after the payment of duties, taxes done or may have occurred under prior legislation, right or of the action was commenced under the old
and fees due the State or any subdivision thereof. provided said new right does not prejudice or impair laws, but is pending on the date this Code takes
(1926a) any vested or acquired right, of the same origin. (Rule effect, and the procedure was different from that
1) established in this new body of laws, the parties
Art. 2248. Those credits which enjoy preference in concerned may choose which method or course to
relation to specific real property or real rights, exclude Art. 2254. No vested or acquired right can arise from pursue. (Rule 4)
all others to the extent of the value of the immovable acts or omissions which are against the law or which
or real right to which the preference refers. infringe upon the rights of others. (n) Art. 2259. The capacity of a married woman to
execute acts and contracts is governed by this Code,
Art. 2249. If there are two or more credits with respect Art. 2255. The former laws shall regulate acts and even if her marriage was celebrated under the former
to the same specific real property or real rights, they contracts with a condition or period, which were laws. (n)
shall be satisfied pro rata, after the payment of the executed or entered into before the effectivity of this
taxes and assessments upon the immovable property Code, even though the condition or period may still be Art. 2260. The voluntary recognition of a natural child
or real right. (1927a) pending at the time this body of laws goes into effect. shall take place according to this Code, even if the
(n) child was born before the effectivity of this body of
Art. 2250. The excess, if any, after the payment of the laws. (n)
credits which enjoy preference with respect to specific Art. 2256. Acts and contracts under the regime of the
property, real or personal, shall be added to the free old laws, if they are valid in accordance therewith, Art. 2261. The exemption prescribed in Article 302
property which the debtor may have, for the payment shall continue to be fully operative as provided in the shall also be applicable to any support, pension or
of the other credits. (1928a) same, with the limitations established in these rules. gratuity already existing or granted before this Code
But the revocation or modification of these acts and becomes effective. (n)
Art. 2251. Those credits which do not enjoy any contracts after the beginning of the effectivity of this
preference with respect to specific property, and those Code, shall be subject to the provisions of this new Art. 2262. Guardians of the property of minors,
which enjoy preference, as to the amount not paid, body of laws. (Rule 2a) appointed by the courts before this Code goes into
shall be satisfied according to the following rules: effect, shall continue to act as such, notwithstanding
Art. 2257. Provisions of this Code which attach a civil the provisions of Article 320. (n)
(1) In the order established in Article 2244; sanction or penalty or a deprivation of rights to acts or
omissions which were not penalized by the former Art. 2263. Rights to the inheritance of a person who
(2) Common credits referred to in Article 2245 shall be laws, are not applicable to those who, when said laws died, with or without a will, before the effectivity of this
paid pro rata regardless of dates. (1929a) were in force, may have executed the act or incurred Code, shall be governed by the Civil Code of 1889, by
in the omission forbidden or condemned by this Code. other previous laws, and by the Rules of Court. The
inheritance of those who, with or without a will, die (1) Article 29, Relative to criminal prosecutions
after the beginning of the effectivity of this Code, shall wherein the accused is acquitted on the ground that
be adjudicated and distributed in accordance with this his guilt has not been proved beyond reasonable
new body of laws and by the Rules of Court; but the doubt;
testamentary provisions shall be carried out insofar as
they may be permitted by this Code. Therefore, (2) Article 33, concerning cases of defamation, fraud,
legitimes, betterments, legacies and bequests shall and physical injuries. (n)
be respected; however, their amount shall be reduced
if in no other manner can every compulsory heir be Art. 2268. Suits between members of the same family
given his full share according to this Code. (Rule 12a) which are pending at the time this Code goes into
effect shall be suspended, under such terms as the
Art. 2264. The status and rights of natural children by court may determine, in order that compromise may
legal fiction referred to in article 89 and illegitimate be earnestly sought, or, in case of legal separation
children mentioned in Article 287, shall also be proceedings, for the purpose of effecting, if possible,
acquired by children born before the effectivity of this a reconciliation. (n)
Code. (n)
Art. 2269. The principles upon which the preceding
Art. 2265. The right of retention of real or personal transitional provisions are based shall, by analogy, be
property arising after this Code becomes effective, applied to cases not specifically regulated by them.
includes those things which came into the creditor's (Rule 13a)
possession before said date. (n)
REPEALING CLAUSE
Art. 2266. The following shall have not only
prospective but also retroactive effect: Art. 2270. The following laws and regulations are
hereby repealed:
(1) Article 315, whereby a descendant cannot be
compelled, in a criminal case, to testify against his (1) Those parts and provisions of the Civil Code of
parents and ascendants; 1889 which are in force on the date when this new
Civil Code becomes effective:
(2) Articles 101 and 88, providing against collusion in
cases of legal separation and annulment of marriage; (2) The provisions of the Code of Commerce
governing sales, partnership, agency, loan, deposit
(3) Articles 283, 284, and 289, concerning the proof of and guaranty;
illegitimate filiation;
(3) The provisions of the Code of Civil Procedure on
(4) Article 838, authorizing the probate of a will on prescription as far as inconsistent with this Code; and
petition of the testator himself;
(4) All laws, Acts, parts of Acts, rules of court,
(5) Articles 1359 to 1369, relative to the reformation of executive orders, and administrative regulations
instruments; which are inconsistent with this Code. (n)

(6) Articles 476 to 481, regulating actions to quiet title; Approved, June 18, 1949.

(7) Articles 2029 to 2031, which are designed to

promote compromise. (n)

Art. 2267. The following provisions shall apply not

only to future cases but also to those pending on the
date this Code becomes effective: