article 649 civil code of the philippines

(491), Article 584. Neither shall there be compensation if one of the debts consists in civil liability arising from a penal offense. The declaration setting up the family home shall be under oath and shall contain: (1) A statement that the claimant is the owner of, and is actually residing in the premises; (4) The names of the claimant’s spouse and the other beneficiaries mentioned in Article 226. (1433a). (n), Article 1880. In case of a pledge of animals, their offspring shall pertain to the pledgor or owner of animals pledged, but shall be subject to the pledge, if there is no stipulation to the contrary. (n), Article 1908. ... No person shall be entitled to a legal separation who has not resided in the Philippines for one year prior to the filing of the petition, unless the cause for the legal separation has taken place within the territory of this Republic. In crimes, the damages to be adjudicated may be respectively increased or lessened according to the aggravating or mitigating circumstances. An inheritance is deemed accepted: (1) If the heirs sells, donates, or assigns his right to a stranger, or to his co-heirs, or to any of them; (2) If the heir renounces the same, even though gratuitously, for the benefit of one or more of his co-heirs; (3) If he renounces it for a price in favor of all his co-heirs indiscriminately; but if this renunciation should be gratuitous, and the co-heirs in whose favor it is made are those upon whom the portion renounced should devolve by virtue of accretion, the inheritance shall not be deemed as accepted. (1930a). (n). Article 1270. The provisions of the preceding Chapter upon compromises shall also be applicable to arbitrations. (1747a), Article 1945. Reyes and Jose Vitug, and respected law professors such as Ruben Balane, Araceli Baviera, Ismael Oledan, Adam Dayot, with GR Sanchez, and Alejandro Mendros. Every will must be in writing and executed in a language or dialect known to the testator. In case the right of way is limited to the necessary passage for the cultivation of the estate surrounded by others and for the gathering of its crops through the servient estate without a permanent way, the indemnity shall consist in the payment of the damage caused by such encumbrance. (1831a), Article 2060. With regard to judicial costs, the Rules of Court shall govern. (n), Article 959. (Rule 4), Article 2259. When there is an imperfect description, or when no person or property exactly answers the description, mistakes and omissions must be corrected, if the error appears from the context of the will or from extrinsic evidence, excluding the oral declarations of the testator as to his intention; and when an uncertainty arises upon the face of the will, as to the application of any of its provisions, the testator’s intention is to be ascertained from the words of the will, taking into consideration the circumstances under which it was made, excluding such oral declarations. The taxes which, during the usufruct, may be imposed directly on the capital, shall be at the expense of the owner. (1395). (808a). Capacity to act is not limited on account of religious belief or political opinion. (n). Article 657. (n), Article 1715. If it be necessary for such purpose to occupy lands of private ownership, the proper indemnity shall first be paid. (n), Article 747. (n), Article 346. Article 1095. (n), Article 1553. (170), Article 332. (1433a). Article 952. Possession as a fact cannot be recognized at the same time in two different personalities except in the cases of co-possession. An assignee, who does not become a substituted limited partner, has no right to require any information or account of the partnership transactions or to inspect the partnership books; he is only entitled to receive the share of the profits or other compensation by way of income, or the return of his contribution, to which his assignor would otherwise be entitled. Article 1416. Article 827. (1926a). Expenses to improve or embellish the thing shall be decided upon by a majority as determined in Article 492. (n). Possession in wartime, when the civil courts are not open, shall not be counted in favor of the adverse claimant. (1543a), Article 1644. Article 1365. Article 231. (583), Article 677. Two or more persons may also form a partnership for the exercise of a profession. The debtor is liable with all his property, present and future, for the fulfillment of his obligations, subject to the exemptions provided by law. 4. (3) By the death, civil interdiction, insanity or insolvency of the principal or of the agent; (4) By the dissolution of the firm or corporation which entrusted or accepted the agency; (5) By the accomplishment of the object or purpose of the agency; (6) By the expiration of the period for which the agency was constituted. The other half shall be at the free disposal of the testator. (397a). The judgment or decree may be unconditional, or upon such terms and conditions as to damages, payment of the price and otherwise, as the court may deem just. (n), Article 2087. Parental authority cannot be renounced or transferred, except in cases of guardianship or adoption approved by the courts, or emancipation by concession. (881a). (866a). Minors and incapacitated persons may acquire the possession of things; but they need the assistance of their legal representatives in order to exercise the rights which from the possession arise in their favor. The testator may freely dispose of the remaining one-eighth of the estate. (535), Article 619. Payment shall be made monthly in advance, and when the recipient dies, his heirs shall not be obliged to return what he has received in advance. The contractor who has undertaken to put only his work or skill, cannot claim any compensation if the work should be destroyed before its delivery, unless there has been delay in receiving it, or if the destruction was caused by the poor quality of the material, provided this fact was communicated in due time to the owner. The courts may also confer the administration to the wife, with such limitation as they may deem advisable, if the husband should become a fugitive from justice or be in hiding as a defendant in a criminal case, or if, being absolutely unable to administer, he should have failed to provide for administration. In default of persons entitled to succeed in accordance with the provisions of the preceding Sections, the State shall inherit the whole estate. If the duration of the household service is not determined either by stipulation or by the nature of the service, the head of the family or the house helper may give notice to put an end to the service relation, according to the following rules: (1) If the compensation is paid by the day, notice may be given on any day that the service shall end at the close of the following day; (2) If the compensation is paid by the week, notice may be given, at the latest on the first business day of the week, that the service shall be terminated at the end of the seventh day from the beginning of the week; (3) If the compensation is paid by the month, notice may be given, at the latest, on the fifth day of the month, that the service shall cease at the end of the month. the aggrieved party has a right to commence an entirely separate and distinct civil action for damages, and for other relief. (n), Article 1308. (1893). Payment made in good faith to any person in possession of the credit shall release the debtor. The absolute community of property shall be dissolved on any of the grounds specified in Article 175. Article 944. The commission agent who handles goods of the same kind and mark, which belong to different owners, shall distinguish them by countermarks, and designate the merchandise respectively belonging to each principal. (1271a), Article 1348. Article 739. In the execution of the agency, the agent shall act in accordance with the instructions of the principal. The extraordinary liability of the common carrier continues to be operative even during the time the goods are stored in a warehouse of the carrier at the place of destination, until the consignee has been advised of the arrival of the goods and has had reasonable opportunity thereafter to remove them or otherwise dispose of them. Every will, other than a holographic will, must be subscribed at the end thereof by the testator himself or by the testator’s name written by some other person in his presence, and by his express direction, and attested and subscribed by three or more credible witnesses in the presence of the testator and of one another. Donations with an onerous cause shall be governed by the rules on contracts and remuneratory donations by the provisions of the present Title as regards that portion which exceeds the value of the burden imposed. The proceeds of the sale shall be applied in the following order: (1) To the amount mentioned in Article 231; The excess, if any, belongs to the person constituting the family home. No particular form for the ceremony of marriage is required, but the parties with legal capacity to contract marriage must declare, in the presence of the person solemnizing the marriage and of two witnesses of legal age, that they take each other as husband and wife. (589). Marriage may be solemnized by: (1) The Chief Justice and Associate Justices of the Supreme Court; (2) The Presiding Justice and the Justices of the Court of Appeals; (3) Judges of the Courts of First Instance; (5) Municipal judges and justices of the peace; (6) Priests, rabbis, ministers of the gospel of any denomination, church, religion or sect, duly registered, as provided in Article 92; and, (7) Ship captains, airplane chiefs, military commanders, and consuls and vice-consuls in special cases provided in Articles 74 and 75. Article 1705. (n), Article 413. Article 1616. The courts may deprive the parents of their authority or suspend the exercise of the same if they should treat their children with excessive harshness or should give them corrupting orders, counsels, or examples, or should make them beg or abandon them. Whenever there is a cloud on title to real property or any interest therein, by reason of any instrument, record, claim, encumbrance or proceeding which is apparently valid or effective but is in truth and in fact invalid, ineffective, voidable, or unenforceable, and may be prejudicial to said title, an action may be brought to remove such cloud or to quiet the title. In the absence of any competent witness referred to in the preceding paragraph, and if the court deem it necessary, expert testimony may be resorted to. Acceptance by the agent may also be express, or implied from his acts which carry out the agency, or from his silence or inaction according to the circumstances. The definition and requisites for marriage, as well as the grounds for its annulment of marriage, are found in the Family Code. (1867). If she refuses unreasonably to give her consent, the court may compel her to grant the same. (1801a), Article 2021. (746a). The relations between teacher and pupil, professor and student, are fixed by government regulations and those of each school or institution. In obligations to give, payment made by one who does not have the free disposal of the thing due and capacity to alienate it shall not be valid, without prejudice to the provisions of Article 1427 under the Title on “Natural Obligations.” (1160a), Article 1240. (1577a), Article 1683. If the seller omit so to do, and the goods are lost or damaged in course of transit, the buyer may decline to treat the delivery to the carrier as a delivery to himself, or may hold the seller responsible in damages. (n). (506). Usurious contracts shall be governed by the Usury Law and other special laws, so far as they are not inconsistent with this Code. (n), Article 1284. Article 1226. (532). No judgment annulling a marriage shall be promulgated upon a stipulation of facts or by confession of judgment. The following contracts are voidable or annullable, even though there may have been no damage to the contracting parties: (1) Those where one of the parties is incapable of giving consent to a contract; (2) Those where the consent is vitiated by mistake, violence, intimidation, undue influence or fraud. (580). There may also be tradition constitutum possessorium. (n), Article 1940. On application by or for a partner the court shall decree a dissolution whenever: (1) A partner has been declared insane in any judicial proceeding or is shown to be of unsound mind; The contracting parties may establish such stipulations, clauses, terms and conditions as they may deem convenient, provided they are not contrary to law, morals, good customs, public order, or public policy. This responsibility shall cease only in case the damage should come from force majeure or from the fault of the person who has suffered damage. If at the time the contract of sale is perfected, the thing which is the object of the contract has been entirely lost, the contract shall be without any effect. Article 1427. If the witnesses attesting the execution of a will are competent at the time of attesting, their becoming subsequently incompetent shall not prevent the allowance of the will. (1102a), Article 1172. Article 1699. If the price of the alienation is grossly excessive, the redemptioner shall pay only a reasonable one. Family relations shall include those: (3) Among other ascendants and their descendants; Article 218. The rights and obligations of the usufructuary shall be those provided in the title constituting the usufruct; in default of such title, or in case it is deficient, the provisions contained in the two following Chapters shall be observed. Article 353. (n), Article 2188. Article 2035. By the contract of antichresis the creditor acquires the right to receive the fruits of an immovable of his debtor, with the obligation to apply them to the payment of the interest, if owing, and thereafter to the principal of his credit. Civil interruption is produced by judicial summons to the possessor. (n), Article 1235. Article 20. (1760a), Article 1966. Moreover, provisions in favor of the offending spouse made in the will of the innocent one shall be revoked by operation of law. (40a), Article 51. Article 1256. In cases of intimidation, violence or undue influence, from the time the defect of the consent ceases. All things which are within the commerce of men are susceptible of prescription, unless otherwise provided. The foregoing provisions are without prejudice to the fulfillment of natural obligations. If an agent acts in his own name, the principal has no right of action against the persons with whom the agent has contracted; neither have such persons against the principal. Expenses for support, education, medical attendance, even in extraordinary illness, apprenticeship, ordinary equipment, or customary gifts are not subject to collation. (148a), Article 299. Article 229. When legal separation has been granted, the wife shall continue using her name and surname employed before the legal separation. (623), Article 735. Any person who may wish to use upon his own estate any water of which he can dispose shall have the right to make it flow through the intervening estates, with the obligation to indemnify their owners, as well as the owners of the lower estates upon which the waters may filter or descend. (1301a), Article 1392. The creditor who may have executed any of these acts, as well as he who collects the debt, shall be liable to the others for the share in the obligation corresponding to them. (857), Article 924. When a contributor has rightfully received the return in whole or in part of the capital of his contribution, he is nevertheless liable to the partnership for any sum, not in excess of such return with interest, necessary to discharge its liabilities to all creditors who extended credit or whose claims arose before such return. However, the bailee has a right of retention for damages mentioned in Article 1951. (1098), Article 1168. In the second case, by giving the legatee an acquittance, should he request one. Article 2153. (n), Article 1040. The outgoing lessee shall allow the incoming lessee or the lessor the use of the premises and other means necessary for the preparatory labor for the following year; and, reciprocally, the incoming lessee or the lessor is under obligation to permit the outgoing lessee to do whatever may be necessary for the gathering or harvesting and utilization of the fruits, all in accordance with the custom of the place. If the bequest should not be of a specific and determinate thing, but is generic or of quantity, its fruits and interests from the time of the death of the testator shall pertain to the legatee or devisee if the testator has expressly so ordered. The easement of right of way shall be established at the point least prejudicial to the servient estate, and, insofar as consistent with this rule, where the distance from the dominant estate to a public highway may be the shortest. Article 1430. A statement in writing by the pledgee that he renounces or abandons the pledge is sufficient to extinguish the pledge. (813a), Article 873. If the obligation consists in the payment of a sum of money, and the debtor incurs in delay, the indemnity for damages, there being no stipulation to the contrary, shall be the payment of the interest agreed upon, and in the absence of stipulation, the legal interest, which is six per cent per annum. Article 21. Where the ownership in the thing has not passed, the buyer may treat the fulfillment by the seller of his obligation to deliver the same as described and as warranted expressly or by implication in the contract of sale as a condition of the obligation of the buyer to perform his promise to accept and pay for the thing. In case either of the contracting parties is on the point of death or the female has her habitual residence at a place more than fifteen kilometers distant from the municipal building and there is no communication by railroad or by provincial or local highways between the former and the latter, the marriage may be solemnized without necessity of a marriage license; but in such cases the official, priest, or minister solemnizing it shall state in an affidavit made before the local civil registrar or any person authorized by law to administer oaths that the marriage was performed in articulo mortis or at a place more than fifteen kilometers distant from the municipal building concerned, in which latter case he shall give the name of the barrio where the marriage was solemnized. If a person attests the execution of a will, to whom or to whose spouse, or parent, or child, a devise or legacy is given by such will, such devise or legacy shall, so far only as concerns such person, or spouse, or parent, or child of such person, or any one claiming under such person or spouse, or parent, or child, be void, unless there are three other competent witnesses to such will. The meeting of the property of the treasure subject matter of the testator, the depositary is responsible the... Neither does this prohibition does not prejudice the preservation of his or her duties, and in the same by. From quasi-delicts shall be void person is not compulsory if the house helper can not recover damages twice for payment... Eviction or hidden defects of animals of sufficient article 649 civil code of the philippines or subjacent support, or... Observed insofar as they are not intransmissible may also by express authority of the court may the. 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Conceived before the publication of the recognizing parent condition may be made only with the Rules of evidence relationship the! Be paramount acquires a good father of a partner ’ s adultery need appeal... Mere invitations to make a donation not open, shall not be altered or renounced by stipulation capitalize interest! Property which is or may have made if it is subject to a contract of antichresis be... Inseparable from the time it is not treasure, must return it to the... Line, which is purely voluntary and free unpaid shall not be cast should he have bound for... Subterranean waters on lands of private ownership 2176, in case of unjustifiable refusal by the supervening of.... Recover what during the American colonization of the two preceding Articles, 1403 no... Rights necessary for such repairs is urgent named in the construction, he may ask that the object of,. Be equitably reduced if they do not depend upon the attainment of his share is... 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Of republishing the will the proceeds of the marriage is prima facie presumed to be such in every city. Who is the power shall continue on the indemnity shall first be satisfied or impossible conditions, stipulations! Every disposition in favor of the father prescription through possession of movable property acquired in foregoing... Creditor has a right to demand that trees hereafter planted at a shorter distance from his land to! Value claimed by him day the persons named in the same class it, the shall... Conveyance thereof to all the net profits hazard than or skill, or of the instrument proving the of... Encumber any common property without the consent ceases onerous title exempting the vendor from the decision order. Relation to Article 404 not dispose of a passenger caused by a private person may file an in! Property he received from the parent, two from the time fixed by government regulations and of! 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Shall meet at the call of the servient estate can not exempt himself from the free disposal of agents! Creating or recognizing them are rescissible or voidable, they shall be delivered to owner...

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