REPUBLIC ACT NO.

8981  valid professional identification

card
AN ACT MODERNIZING THE PROFESSIONAL  valid certificate of competency
REGULATION COMMISSION, REPEALING FOR THE issued by the Commission
PURPOSE PRESIDENTIAL DECREE NUMBERED TWO  valid professional license issued by
HUNDRED AND TWENTY-THREE, ENTITLED any government agency,
"CREATING THE PROFESSIONAL REGULATION  familiar with the principles and
COMMISSION AND PRESCRIBING ITS POWERS AND methods of professional regulation
FUNCTIONS," AND FOR OTHER PURPOSES licensing
 at least five (5) years of executive
Be it enacted by the Senate and House of Representatives of or management
the Philippines Congress assembled: experience: Provided, That, one (1)
of the Commissioners must be a
Section 1. Title – PRC Modernization Act of 2000 past Chairperson/member of a
Professional Regulatory Board.
Section 2. Statement of Policy – The State:
 recognizes the important role of professionals in Section 5. Exercise of Powers and Functions of the
nation-building Commission – The Chairperson of the Commission, and the
 promotes the sustained development of a reservoir of Commissioners as members thereof shall sit and act as a body
professionals whose: to exercise general administrative, executive and policy-making
o competence has been determined by functions of the Commission. The Commission shall establish
honest and credible licensure examinations and maintain a high standard of admission to the practice of all
o standards of professional service and professions and at all times ensure and safeguard the integrity
practice are internationally recognized and of all licensure examinations.
considered world-class brought about the The Chairperson shall:
regulatory measures, programs and activities  act as the presiding and chief executive officer of the
that foster professional growth and Commission.
advancement.  As presiding officer, he/she shall preside over the
meetings of the Commission sitting as a collegial
Section 3. Professional Regulation Commission – body.
 three-man commission  As chief executive officer of the Commission, he/she
 Professional Regulation Commission, aka shall be responsible for the implementation of the
Commission policies and the programs adopted by the Commission
 attached to the office of the President for general for the general administration of the Commission.
direction and coordination.  Perform such other activities which are necessary for
the effective exercise of the powers, functions and
Section 4. Composition – responsibilities of the Commission.
 one (1) full-time Chairperson
 two (2) full-time Commissioners Section 6. Compensation and Other Benefits –
 all to be appointed by the President for a Compensation and Benefits equivalent:
 term: of seven (7) years without reappointment to start  Chairpeson: Department Secretary
from the time they assume office.  Commissioners: Undersecretary.
 Appointments to a vacancy that occurs before the  The Chairperson and the members of the Commission
expiration of the term of a Commissioner shall cover shall be entitled to retirement benefits provided under
only the unexpired term of the immediate predecessor. RA 1568, as amended by RA 3595.
 At the expiration of the Chairperson, the most senior
of the Commissioners shall temporarily assume and Section 7. Powers, Functions and Responsibilities of the
perform the duties and functions of the Chairperson Commission – The powers, functions, and
until a permanent Chairperson is appointed by the responsibilities of the Commission are as follows:
President. (a) To administer, implement and enforce the
regulatory policies of the national government with
 The Chairperson or Commissioner shall be:
respect to the regulation and licensing of the various
o at least forty (40) years of age,
professions and occupations under its jurisdiction
o Holding: including the enhancement and maintenance of
 valid certificate of professional and occupational standards and ethics
registration/professional license
and the enforcement of the rules and regulations  provide schools, colleges and universities,
relative thereto: public and private, offering courses for
(b) To perform any and all acts, enter into contracts, licensure examinations, with copies of
make such rules and regulations and issue such sample test questions on examinations
orders and other administrative issuance as may be recently conducted by the Commission and
necessary in the execution and implementation of its copies of the syllabi or terms of
functions and the improvement of its services; specifications of subjects for licensure
(c) To review, revise, and approve resolutions, examinations;
embodying policies promulgated by the Professional  impose the penalty of suspension or
Regulatory Boards in the exercise of their powers and prohibition from taking licensure
functions or in implementing the laws regulating their examinations to any examinee charged and
respective professions and other official actions on found guilty of violating the rules and
non-ministerial matters within their respective regulations governing the conduct of
jurisdictions; licensure examinations promulgated by the
(d) On Licensure Exams Commission;
 administer and conduct the licensure (e) On Newly Licensed Professionals:
examinations of the various regulatory  To admit the successful examinees to the
boards in accordance with the rules and practice of the profession or occupation;
regulations promulgated by the Commission;  cause the entry of their names on its registry
 determine and fix the places and dates of book and computerized database;
examinations;  issue certificates of registration/professional
 use publicly or privately owned buildings and license, bearing the registrant’s name,
facilities for examination purposes; picture, and registration number, signed by
 conduct more than one (1) licensure all the members of the Board concerned and
examination: Provided: the Chairperson, with the official seal of the
o That, when there are two (2) or Board and the Commission affixed thereto
more examinations given in a year, which certificate shall be the authority to
at least one (1) examinations shall practice;
be held on weekdays (Monday to  and at the option of the professional
Friday): concerned, ministerially issue the
o That, if only one (1) examination is professional identification card, to be used
given in a year, this shall be held solely for the purpose of identification, upon
only on weekdays: payment of the appropriate
o That, the Commission is also amount, Provided:
authorized to require the o That, marine deck and marine
completion of a refresher course engineer officers shall also be
where the examinee has failed to issued endorsement certificates
pass three (3) times, except as exclusively by the Commission
otherwise provided by law; pursuant to the 1978 and 1995
 approve the results of examinations and the Standards of Training, Certification
release of the same; and Watch-keeping (STCW)
 adopt measures to preserve the integrity and Convention, to the exclusion of any
inviolability of licensure examinations; other government agency, Section
 appoint supervisors and room watchers from 1(2) of Executive Order No. 149,
among the employees of the government Series of 1999 and provisions of
and/or private individuals with baccalaureate other existing laws, executive
degrees, who: orders, administrative
o have been trained by the issuance/regulations to the
Commission for the purpose contrary notwithstanding
o shall be entitled to a reasonable o That, once a certificate of
daily allowance for every registration/professional license, or
examination day actually attended, certificate of competency, in the
to be determined and fixed by the case of marine deck and engine
Commission; officers are issued, this cannot be
 publish the list of successful examinees; withdrawn, cancelled, revoked, or
 suspended except for just cause as registration of and authorize the issuance of a
may be provided by law after due certificate of registration/license and professional
notice and hearing; identification card with or without examination to a
(f) To have custody of all the records of the various foreigner who is registered under the laws of his state
Boards, including examination papers, minutes of or country and whose certificate of registration issued
deliberation, records of administrative cases and therein has not been suspended or revoked: Provided:
investigations and examination results for control and  That, the requirements for the registration or
disposition; licensing in said foreign state or country are
(g) To determine and fix the amount of fees to be substantially the same as those required and
charged and collected for examination, registration, contemplated by the laws of the Philippines
registration without examination, professional and that the laws of such foreign state or
identification card, certification, docket, appeal, country allow the citizens of the Philippines
replacement, accreditation, including surcharges and to practice the profession on the same basis
other fees not specified under the provisions of RA and grant the same privileges as those
465 as amended by RA 6511 or to charge and collect enjoyed by the subjects or citizens of such
reasonable fees at the rates higher than the rates foreign state or country:
provided thereunder subject to the approval by the  That, the Commission may, upon
Office of the President. recommendation of the Board concerned,
(h) On the Organizational Structure: authorize the issuance of a certificate of
 To appoint subject to the Civil Service laws, registration/license or a special temporary
rules, and regulations, officials and permit to foreign professionals who desire to
employees of the Commission necessary for practice their professions in the country
the effective performance of its functions and under reciprocity and other international
responsibilities; agreements; consultants in foreign-funded,
 prescribe their duties and fix their joint venture or foreign-assisted projects of
compensation subject to the provisions RA the government, employees of Philippine or
6758 and allowances including other fringe foreign private firms or institutions pursuant
benefits; to law, or health professionals engaged in
 and to assign and/or reassign personnel as humanitarian mission for a limited period of
the exigency of the service requires subject time
to the Civil Service laws, rules and  That agencies, organizations or individuals
regulations; whether public or private, who secure the
 and to organize or reorganize the structure services of a foreign professional authorized
of the Commission; by law to practice in the Philippines for
 and create or abolish positions or change the reasons aforementioned, shall be
designation of existing positions in responsible for securing a special permit
accordance with a staffing pattern prepared from the Professional Regulation
by it and approved by the Office of the Commission (PRC) and the Department of
President upon the recommendation of the Labor and Employment (DOLE), pursuant to
Department of Budget and Management PRC and DOLE rules
(DBM) to meet the changing conditions or as (k) To authorize any officer of the Commission to
the need arises: Provided: administer oaths:
o That, such changes shall not affect (l) On Professional Practice of Foreigners:
the employment status of the  To supervise foreign nations who are
incumbents, reduce their ranks authorized by existing laws to practice their
and/or salaries nor shall result in professions either as holders of a certificate
their separation from the service; of registration and a professional
(i) To submit and recommend to the President of the identification card or a temporary special
Philippines the names of licensed/registered permit in the Philippines;
professionals for appointment as members of the  to ensue that the terms and conditions for
various Professional Regulatory Boards from among their practice or of their employment are
those nominated to fill up vacancies pursuant to the strictly complied with;
provisions of Executive Order No. 496, Series of 1991;  to require the hiring or employing
(j) Upon recommendation of the Professional government agency or private
Regulatory Board concerned, to approve the entity/institution to secure a temporary
 special permit from the concerned Board authenticity of the results of the said examinations
subject to approval by the Commission and and, if found guilty, to revoke or suspend their
to file a criminal complaint against the head certificates of registration and professional
of the government agency or officers of the licenses/identification cards and to recommend to the
said private entity/institution, who shall be President of the Philippines their suspension or
liable under the penalty provided for in the removal from office as the case may be;
concerned professional regulatory law or the (t) To issue summons, subpoena and subpoena duces
penalty imposed pursuant to this Act, when tecum in connection with the investigation of cases
the professional was hired and allowed to against officials and employees of the Commission
practice his/her profession without permit; and the members of the Professional Regulatory
 to file upon due process request for Boards;
deportation with the Bureau of Immigration (u) To hold in contempt in erring party or person only
and Deportation (BID); upon application with a court of competent jurisdiction;
 and to supervise professionals who were (v) To call upon or request any department,
former citizens of the Philippines and who instrumentality, office, bureau, institution or agency of
had been registered and issued a certificate the government including local government units to
of registration and a professional render such assistance as it may require, or to
identification card prior to their naturalization coordinate or cooperate in order to carry out, enforce
as foreign citizens, who may, while in the or implement the professional regulatory policies of
country on a visit, sojourn or permanent the government or any program or activity it may
residence, practice their undertake pursuant to the provisions of this Act;
profession: Provided, That, prior to the (w) To initiate an investigation, upon complaint under
practice of their profession they shall have oath by an aggrieved party, of any person, whether a
first been issued a special permit and private individual or professional, local or foreign, who
updated professional identification card by practices the regulated profession or occupation
the Board concerned subject to approval by without being authorized by law, or without being
the Commission and upon payment of the registered with and licensed by the concerned
permit and annual registration fees; regulatory board and issued the corresponding
(m) To monitor the performance of schools in licensure license/professional identification card or temporary or
examinations and publish the results thereof in a special permit, or who commits any of the prohibited
newspaper of national circulation; acts provided in the regulatory laws of the various
(n) To adopt and institute a comprehensive rating professions, which acts are criminal in nature, and if
system for universities, colleges, and training institutes the evidence so warrants, to forward the records of
based on the passing ratio and overall performance of the case to the office of the city or provincial
students in board examinations; prosecutor for the filing of the corresponding
(o) To exercise administrative supervision over the information in court by the lawyers of the legal
various professional regulatory boards and its services of the Commission who may prosecute said
members; case/s upon being deputized by the Secretary of
(p) To adopt and promulgate such rules and Justice;
regulations as may be necessary to effectively (x) To prepare an annual report of accomplishments
implement policies with respect to the regulation and on the programs, projects and activities of the
practice of the professions; Commission during the year for submission to
(q) To implement the program for the full Congress after the close of its calendar year and
computerization of all licensure examinations given by make appropriate recommendations on issues and/or
the various professional regulatory boards including problems affecting the Commission, the Professional
the registration of professionals not later than the year Regulatory Board, and the various professions under
2003 and other operations of the Commission; its jurisdiction; and
(r) To investigate and decide administrative matters (y) To perform such other functions and duties as may
involving officers and employees under the jurisdiction be necessary to carry out the provisions of this Act,
of the Commission; the various professional regulatory laws, decrees,
(s) To investigate motu proprio or upon the filing of a executive orders and other administrative issuance.
verified complaint, any member of the Professional
Regulatory Boards for neglect of duty, incompetence, Section 8. Regional Offices – The Commission is hereby
unprofessional, unethical, immoral or dishonorable authorized to create regional offices as may be necessary to
conduct, commission of irregularities in the licensure carry out their functions mandated under this Act.
examinations which taint or impugn the integrity and
Section 9. Powers, Functions and Responsibilities of the (g) After due process, to suspend, revoke or reissue,
Various Professional Regulatory Boards – The various, reinstate certificate of registration or licenses for
professional regulatory boards shall retain the following powers, causes provided by law;
functions and responsibilities: (h) On Licensure Examinations:
(a) To regulate the practice of the professions in  To prepare, adopt and issue the syllabi or
accordance with the provisions of their respective tables of specifications of the subjects for
professional regulatory laws; examinations in consultation with the
(b) To monitor the conditions affecting the practice of academe;
the profession or occupation under their respective  determine and prepare the questions for the
jurisdictions and whenever necessary, adopt such licensure examinations which shall strictly be
measures as may be deemed proper for the within the scope of the syllabus or table of
enhancement of the profession or occupation and/or specifications of the subject for examination;
the maintenance of high professional, ethical and  score and rate the examination papers with
technical standards, and for this purpose the members the name and signature of the Board
of the Board duly authorized by the Commission with member concerned appearing thereon and
deputized employees of the Commission, may submit the results in all subjects duly signed
conduct ocular inspection in industrial, mechanical, by the members of the Board to the
electrical or chemical plants or establishments, Commission within ten (10) days from the
hospitals, clinics, laboratories, testing facilities, mines last day of examination unless extended by
and quarries, other engineering facilities and in the the Commission for justifiable cause/s;
case of schools, in coordination with the Commission  and subject to the approval by the
on Higher Education (CHED); Commission, determine the appropriate
(c) To hear and investigate cases arising from passing general average rating in an
violations of their respective laws, the rules and examination if not provided for in the law
regulations promulgated thereunder and their Codes regulating the profession; and
of Ethics and, for this purpose, may issue (i) To prepare an annual report of accomplishments on
summons, subpoena and subpoena duces tecum to programs, projects and activities of the Board during
alleged violators and/or witnesses to compel their the year for submission to the Commission after the
attendance in such investigations or close of each calendar year and make appropriate
hearings: Provided, That, the decision of the recommendations on issues or problems affecting the
Professional Regulatory Board shall, unless appealed profession to the Commission.
to the Commission, become final and executory after
fifteen (15) days from receipt of notice of judgment or Section 10. Compensation of the Members of the Professional
decision; Regulatory Boards –
(d) To delegate the hearing or investigation of  members of the Professional Regulatory Boards shall
administrative cases filed before them except in cases receive compensation equivalent to, at least, two
where the issue or question involved strictly concerns salary grades lower than the salary grade of the
the practice of the profession or occupation, in which Commissioners: Provided,
case, the hearing shall be presided over by at least o That the Chairperson of the Regulatory
one (1) member of the Board concerned assisted by a Board shall receive a monthly compensation
Legal or Hearing Officer of the Commission; of two steps higher than the members of the
(e) To conduct, through the Legal Officers of the Board, and:
Commission, summary proceedings on minor o That they shall be entitled to other
violations of their respective regulatory laws, violations
allowances and benefits provided under
of the rules and regulations issued by the boards to
existing laws.
implement their respective laws, including violations of
the general instructions to examinees committed by
Section 11. Person to Teach Subjects for Licensure
examinees, and render summary judgment thereon
Examination on all Professions – All subjects for licensure
which shall, unless appealed to the Commission,
examinations shall be taught by persons who are holders of
become final and executory after fifteen (15) days
valid certificates of registration and valid professional licenses
from receipt of notice of judgment or decision;
of the profession and who comply with the other requirements
(f) Subject to final approval by the Commission, to
of the CHED.
recommend registration without examination and the
issuance of corresponding certificate of registration
Section 12. Assistance of Law Enforcement Agency – Any law
and professional identification card;
enforcement agency shall, upon call or request of the
Commission or of any Professional Regulatory Board, render Section 16. Penalties for Violation of Section 7 –
assistance in enforcing the regulatory law of the profession Subparagraph (1) by Heads of Government Agencies or
including the rules and regulations promulgated thereunder by Officers of Private Entities/Institutions – Any head of a
prosecuting the violators thereof in accordance with law and the government agency or officer(s) of a private firm/institution who
rules of court. violates Section 7 – subpar. (1) of this Act shall be punished by
imprisonment of not less than six (6) months and one (1) day to
Section 13. Appropriations – The amount necessary to carry not more than six (6) years, or a fine of not less than Fifty
out the initial implementation of this Act shall be charged thousand pesos (P50,000.00) to not more than Five hundred
against the current year’s appropriations of the Professional thousand pesos (P500,000.00) or both at the discretion of the
Regulation Commission. Thereafter, such sums as may be court.
necessary for the continued implementation of this Act shall be
included in the succeeding General Appropriations Act. Section 17. Implementing Rules and Regulations – Within
ninety (90) days after the approval of this Act, the Professional
Section 14. Authority to Use Income – In addition to the annual Regulation Commission, together with representatives of the
appropriations of the Commission provided under the Annual various Professional Regulatory Boards and accredited
General Appropriations Act, the Commission is hereby professional organizations, the DBM, and the CHED shall
authorized to use its income not exceeding the amount of Forty- prepare and promulgate the necessary rules and regulations
five million pesos (P45,000,000.00) a year for a period of five needed to implement the provisions of this Act.
(5) years after the effectivity of this Act to implement the
program for full computerization of the operations of the Section 18. Transitory Provisions – The incumbent
Commission, subject to the usual accounting and auditing Commissioner and two (2) incumbent Associate Commissioners
requirements. shall serve as Chairperson and Commissioners respectively
under the terms for which they have been appointed without
Section 15. Penalties for Manipulation and Other Corrupt need of new appointments. The incumbent Executive Director
Practices in the Conduct of Professional Examinations – shall likewise serve as Assistant Commissioner without need of
(a) Any person who manipulates or rigs licensure new appointment.
examination results, secretly informs or makes known
licensure examination questions prior to the conduct Section 19. Separability Clause – If any provision of this Act or
of the examination or tampers with the grades in the application of such provision to any person or
professional licensure examinations shall, upon circumstances is declared invalid or unconstitutional, the
conviction, be punished by imprisonment of not less remainder of this Act or application of such provisions to other
than six (6) years and one (1) day to not more than persons or circumstance shall not be affected by such
twelve (12) years or a fine of not less than Fifty declaration.
thousand pesos (P50,000.00) to not more than One
hundred thousand pesos (P100,000.00) or both such Section 20. Repealing Clause – Republic Act. No. 546,
imprisonment and fine at the discretion of the court. Presidential Decree No. 223, as amended by Presidential
(b) In case the offender is an officer or employee of Decree No. 657, Republic Act No. 5181, and Executive Order
the Commission or a member of the regulatory board, No. 266, Series of 1995 are hereby repealed. Section 23 (h) of
he/she shall be removed from office and shall suffer Republic Act No. 7836, Section 4 (m & s). Section 23 of
the penalty of perpetual absolute disqualification from Republic Act No. 7920, and Section 29 of Republic Act No.
public office to addition to the penalties prescribed in 8050, insofar as it requires completion of the requirements of
the preceding section of this Act; the Continuing Professional Education (CPE) as a condition for
(c) The penalty of imprisonment ranging from four (4) the renewal of the license are hereby repealed. All other laws,
years and one (1) day to six (6) years or a fine ranging orders, rules and regulations or resolutions and all part/s
from Twenty thousand pesos (P20,000.00) to not thereof inconsistent with the provisions of this Act are hereby
more than Forty-nine thousand pesos (P49,000.00), or repealed or amended accordingly.
both imprisonment and fine at the discretion of the
court, shall be imposed upon the accomplices. The Section 21. Effectivity – This Act shall take effect after fifteen
penalty of imprisonment ranging from two (2) years (15) days following its publication in the Official Gazette or in
and one (1) day to four (4) years or a fine ranging from two (2) newspapers of general circulation, whichever is earlier.
Five thousand pesos (P5,000.00) to not more than Approved: December 05, 2000
Nineteen thousand pesos (P19,000.00), or both
imprisonment and fine at the discretion of the court,
shall be imposed upon the accessories. (Sgd.)JOSEPH EJERCITO ESTRADA
President of the Philippines
 Art. 1162. Obligations derived from quasi-delicts shall
The Civil Code of the Philippines be governed by the provisions of Chapter 2, Title XVII
of this Book, and by special laws. (1093a)
AN ACT TO ORDAIN AND INSTITUTE THE CIVIL
CODE OF THE PHILIPPINES
CHAPTER 2
BOOK IV NATURE AND EFFECT OF OBLIGATIONS
OBLIGATIONS AND CONTRACTS
Title. I. - OBLIGATIONS Art. 1163. Every person obliged to give something is
CHAPTER 1 also obliged to take care of it with the proper diligence
GENERAL PROVISIONS of a good father of a family, unless the law or the
stipulation of the parties requires another standard of
Art. 1156. An obligation is a juridical necessity to give, care. (1094a)
to do or not to do. (n) Art. 1164. The creditor has a right to the fruits of the
Art. 1157. Obligations arise from: thing from the time the obligation to deliver it arises.
However, he shall acquire no real right over it until the
(1) Law; same has been delivered to him. (1095)

(2) Contracts; Art. 1165. When what is to be delivered is a determinate

thing, the creditor, in addition to the right granted him by
(3) Quasi-contracts; Article 1170, may compel the debtor to make the
delivery.
(4) Acts or omissions punished by law; and
If the thing is indeterminate or generic, he may ask that
(5) Quasi-delicts. (1089a) the obligation be complied with at the expense of the
debtor.
Art. 1158. Obligations derived from law are not
presumed. Only those expressly determined in this If the obligor delays, or has promised to deliver the
Code or in special laws are demandable, and shall be same thing to two or more persons who do not have the
regulated by the precepts of the law which establishes same interest, he shall be responsible for any fortuitous
them; and as to what has not been foreseen, by the event until he has effected the delivery. (1096)
provisions of this Book. (1090)
Art. 1159. Obligations arising from contracts have the Art. 1166. The obligation to give a determinate thing
force of law between the contracting parties and should includes that of delivering all its accessions and
be complied with in good faith. (1091a) accessories, even though they may not have been
mentioned. (1097a)
Art. 1160. Obligations derived from quasi-contracts shall
be subject to the provisions of Chapter 1, Title XVII, of Art. 1167. If a person obliged to do something fails to do
this Book. (n) it, the same shall be executed at his cost.

Art. 1161. Civil obligations arising from criminal offenses This same rule shall be observed if he does it in
shall be governed by the penal laws, subject to the contravention of the tenor of the obligation.
provisions of Article 2177, and of the pertinent Furthermore, it may be decreed that what has been
provisions of Chapter 2, Preliminary Title, on Human poorly done be undone. (1098)
Relations, and of Title XVIII of this Book, regulating
damages. (1092a) Art. 1168. When the obligation consists in not doing,
and the obligor does what has been forbidden him, it
shall also be undone at his expense. (1099a)
Art. 1169. Those obliged to deliver or to do something expected of a good father of a family shall be required.
incur in delay from the time the obligee judicially or (1104a)
extrajudicially demands from them the fulfillment of their
obligation. Art. 1174. Except in cases expressly specified by the
law, or when it is otherwise declared by stipulation, or
However, the demand by the creditor shall not be when the nature of the obligation requires the
necessary in order that delay may exist: assumption of risk, no person shall be responsible for
those events which could not be foreseen, or which,
(1) When the obligation or the law expressly so declare; though foreseen, were inevitable. (1105a)
or
Art. 1175. Usurious transactions shall be governed by
(2) When from the nature and the circumstances of the special laws. (n)
obligation it appears that the designation of the time
when the thing is to be delivered or the service is to be Art. 1176. The receipt of the principal by the creditor
rendered was a controlling motive for the establishment without reservation with respect to the interest, shall
of the contract; or give rise to the presumption that said interest has been
paid.
(3) When demand would be useless, as when the
obligor has rendered it beyond his power to perform. The receipt of a later installment of a debt without
reservation as to prior installments, shall likewise raise
In reciprocal obligations, neither party incurs in delay if the presumption that such installments have been paid.
the other does not comply or is not ready to comply in a (1110a)
proper manner with what is incumbent upon him. From
the moment one of the parties fulfills his obligation, Art. 1177. The creditors, after having pursued the
delay by the other begins. (1100a) 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
obligations are guilty of fraud, negligence, or delay, and actions of the latter for the same purpose, save those
those who in any manner contravene the tenor thereof, which are inherent in his person; they may also impugn
are liable for damages. (1101) the acts which the debtor may have done to defraud
them. (1111)
Art. 1171. Responsibility arising from fraud is
demandable in all obligations. Any waiver of an action Art. 1178. Subject to the laws, all rights acquired in
for future fraud is void. (1102a) virtue of an obligation are transmissible, if there has
been no stipulation to the contrary. (1112)
Art. 1172. Responsibility arising from negligence in the
performance of every kind of obligation is also
demandable, but such liability may be regulated by the
courts, according to the circumstances. (1103)

Art. 1173. The fault or negligence of the obligor consists

in the omission of that diligence which is required by the
nature of the obligation and corresponds with the
circumstances of the persons, of the time and of the
place. When negligence shows bad faith, the provisions
of Articles 1171 and 2201, paragraph 2, shall apply.

If the law or contract does not state the diligence which

is to be observed in the performance, that which is