When the person obliged to support an orphan, or an insane or other indigent person unjustly refuses to give support to the latter, any third person may furnish support to the needy individual, with right of reimbursement from the person obliged to give support. (n), Art. 2158. 1156. Read Title X. 2156. 1181. (1899), Art. The following and similar acts, though they may not constitute a criminal offense, shall produce a cause of action for damages, prevention and other relief: (1) Prying into the privacy of another's residence: (2) Meddling with or disturbing the private life or family relations of another; (3) Intriguing to cause another to be alienated from his friends; (4) Vexing or humiliating another on account of his religious beliefs, lowly station in life, place of birth, physical defect, or other personal condition. CHAPTER ONE. Judicial decisions applying or interpreting the laws or the Constitution shall form a part of the legal system of the Philippines. (1) If the husband is a citizen of the Philippines while the wife is a foreigner, the provisions of this Code shall govern their relations; (2) If the husband is a foreigner and the wife is a citizen of the Philippines, the laws of the husband's country shall be followed, without prejudice to the provisions of this Code with regard to immovable property. By the contract of partnership two or more persons bind themselves to contribute money, property, or industry to a common fund, with the intention of dividing the profits among themselves. (n). Art. The management is extinguished: (1) When the owner repudiates it or puts an end thereto; (2) When the officious manager withdraws from the management, subject to the provisions of Article 2144; (3) By the death, civil interdiction, insanity or insolvency of the owner or the officious manager. The Civil Code of the Philippines AN ACT TO ORDAIN AND INSTITUTE THE CIVIL CODE OF THE PHILIPPINES. Property Relations Between Husband & Wife, Book 2: Property. In the computation of time necessary for prescription the following rules shall be observed: Art. (7a), Art. 2149. It is presumed that there was a mistake in the payment if something which had never been due or had already been paid was delivered; but he from whom the return is claimed may prove that the delivery was made out of liberality or for any other just cause. When the accused in a criminal prosecution is acquitted on the ground that his guilt has not been proved beyond reasonable doubt, a civil action for damages for the same act or omission may be instituted. Article 247 of the Revised Penal Code (RPC) is reproduced below: ART. (n), Art. (n), Art. 2. Held: No. SPANISH CIVIL CODE PRELIMINARY TITLE On legal rules, their application and effectiveness . No judge or court shall decline to render judgment by reason of the silence, obscurity or insufficiency of the laws. Art. He shall furthermore be answerable for any loss or impairment of the thing from any cause, and for damages to the person who delivered the thing, until it is recovered. General Provisions. Art. 29 -- Handbook on Obligations and Contracts, by Jose N. Nolledo, 1993 Revised Edition, page 138. 30. AN ACT TO ORDAIN AND INSTITUTE THE CIVIL CODE OF THE PHILIPPINES. Prohibitive laws concerning persons, their acts or property, and those which have, for their object, public order, public policy and good customs shall not be rendered ineffective by laws or judgments promulgated, or by determinations or conventions agreed upon in a foreign country. 2159. Laws are repealed only by subsequent ones, and their violation or non-observance shall not be excused by disuse, or custom or practice to the contrary. Art. Real property as well as personal property is subject to the law of the country where it is stipulated. REPUBLIC ACT NUMBER 386. (3), Art. 7. 15. 2. (2), Art. CIVIL CODE OF THE PHILIPPINE - ARTICLE 29. When a third person, without the knowledge of the debtor, pays the debt, the rights of the former are governed by Articles 1236 and 1237. When a separate civil action is brought to demand civil liability arising from a criminal offense, and no criminal proceedings are instituted during the pendency of the civil case, a preponderance of evidence shall likewise be sufficient to prove the act complained of. Art. Rights may be waived, unless the waiver is contrary to law, public order, public policy, morals, or good customs, or prejudicial to a third person with a right recognized by law. 2161. Art. Chapter 1: Effect & Application of Laws, 05. The following requisites are essential to the contracts of pledge and mortgage:(1) That they be constituted to secure the fulfillment of a principal obligation;(2) That the pledgor… 36. 1157. When a person builds in good faith on the land of another, Article 448 of the Civil Code governs. Without such express declaration, the property, even if classified as alienable or disposable, remains … Exemplary damages may also be adjudicated. Such action requires only a preponderance of evidence. 2169. 21. Art. Such action requires only a preponderance of evidence. Two or … Art. When the courts declared a law to be inconsistent with the Constitution, the former shall be void and the latter shall govern. The Family Code Of The Philippines Titles I, II, VI, VII, VII, X, XI, XII July 6, 1987 I, CORAZON C. AQUINO, President of the Philippines, by virtue of the powers vested in me by the Constitution, do hereby order and promulgate the Family Code of the Philippines, as follows: TITLE I MARRIAGE Chapter 1. (n) Art. Art. Such civil action shall proceed independently of any criminal prosecution (if the latter be instituted), and may be proved by a preponderance of evidence. 12. The officious manager is personally liable for contracts which he has entered into with third persons, even though he acted in the name of the owner, and there shall be no right of action between the owner and third persons. Even though the owner did not derive any benefit and there has been no imminent and manifest danger to the property or business, the owner is liable as under the first paragraph of the preceding article, provided: (1) The officious manager has acted in good faith, and, (2) The property or business is intact, ready to be returned to the owner. Extra-Contractual Obligations, Tagged as Book 4: Obligations & Contracts, Quasi-Contracts, 0. 1229 al. Art. Such civil action shall proceed independently of the criminal prosecution, and shall require only a preponderance of evidence. 2154. When, without the knowledge of the person obliged to give support, it is given by a stranger, the latter shall have a right to claim the same from the former, unless it appears that he gave it out of piety and without intention of being repaid. Art. When a person, claiming to be injured by a criminal offense, charges another with the same, for which no independent civil action is granted in this Code or any special law, but the justice of the peace finds no reasonable grounds to believe that a crime has been committed, or the prosecuting attorney refuses or fails to institute criminal proceedings, the complaint may bring a civil action for damages against the alleged offender. PHILIPPINE SUPREME COURT DECISIONS ON-LINE, Copyright © var d=new Date(); yr=d.getFullYear(); if (yr!=1998) document.write("1998 - "+yr); : All Rights Reserved ReDiaz www.chanrobles.com.ph. CIVIL CODE OF THE PHILIPPINES PRELIMINARY TITLE Chapter 1 EFFECT AND APPLICATION OF LAWS Article 1. Art. Art. 1138. REPORT and CASE DIGEST: Article 19 of the Civil Code of the Philippines by Joy De Loyola and Mary Grace De Lumban September 5, 2017; CASE DIGEST: Article 18 of the Civil Code of the Philippines by Joy Bulan Dayag September 5, 2017; REPORT and CASE DIGEST: Article 18 of the Civil Code of the Philippines by Aubrey Mhae De Castro September 5, 2017 Art. MAIN INDEX: Preliminary Title Articles 1-36: Book One Articles 37-413: Book Two Articles 414-711: Book Three Articles 712-1155: Book Four Articles 1156-2270: Read the full text of the Civil Code of the Philippines contained in one web page. Judicial decisions applying or interpreting the laws or the Constitution shall form a part of the legal system of the Philippines. THE CIVIL CODE OF THE PHILIPPINES FEATURES: Preliminary Title (Articles 1 – 36) States the title itself, effects and application of laws. Issue: Whether or not there was extraordinary inflation within the meaning of Article 1250 of the New Civil Code? (1890a). Acts executed against the provisions of mandatory or prohibitory laws shall be void, except when the law itself authorizes their validity. (1901), Art. Art. 26 -- Article 1883, Civil Code of the Philippines. 31. 2155. 2087. The officious manager shall be liable for any fortuitous event: (1) If he undertakes risky operations which the owner was not accustomed to embark upon; (2) If he has preferred his own interest to that of the owner; (3) If he fails to return the property or business after demand by the owner; (4) If he assumed the management in bad faith. 2151. 1180. (n), Art. Under the new law, la résolution is said to put an end to the contract (art. The officious manager shall perform his duties with all the diligence of a good father of a family, and pay the damages which through his fault or negligence may be suffered by the owner of the property or business under management. Although the officious management may not have been expressly ratified, the owner of the property or business who enjoys the advantages of the same shall be liable for obligations incurred in his interest, and shall reimburse the officious manager for the necessary and useful expenses and for the damages which the latter may have suffered in the performance of his duties. – Solutio Indebiti. Rights & Obligations Between Husband & Wife, 06. Laws relating to family rights and duties, or to the status, condition and legal capacity of persons are binding upon citizens of the Philippines, even though living abroad. 17. The same obligation shall be incumbent upon him when the management had for its purpose the prevention of an imminent and manifest loss, although no benefit may have been derived. Posted on August 28, 2012 by PROF. ALVIN CLARIDADES. 14. Read Sales Chapter 4: Obligations of the Vendor from the story Book IV: Civil Code of the Philippines by thebeststar with 7,872 reads. 14 La résolution is used in the Code civil as promulgated in 1804 to denote the retroactive termination of a contract, coupled with (in principle) restitution and counter-restitution: this follows from the significance of its definition and use of la condition résolutoire: see arts 1183–1184 C.civ. In case of doubt in the interpretation or application of laws, it is presumed that the lawmaking body intended right and justice to prevail. 28 -- Labor Code of the Philippines. (n). 28. 1137 of the Civil Code. (5a), Art. Articles of Partnership – Articles 1767, 1770 to 1774 of the Civil Code. 2165. The civil action herein recognized shall be independent of any criminal proceedings, and a preponderance of evidence shall suffice to support such action. Ownership. Sources of law Article 1 1. Art. 2147. When the acts referred to are executed before the diplomatic or consular officials of the Republic of the Philippines in a foreign country, the solemnities established by Philippine laws shall be observed in their execution. A custom must be proved as a fact, according to the rules of evidence. 33. Penal laws and those of public security and safety shall be obligatory upon all who live or sojourn in the Philippine territory, subject to the principles of public international law and to treaty stipulations. 2. Art. (n) Art. When the debtor binds himself to pay when his means permit him to do so, the obligation shall be deemed to be one with a period, subject to the provisions of Article 1197. (16a). It is also of the essence of these contracts that when the principal obligation becomes due, the things in which the pledge or mortgage consists may be alienated for the payment to the creditor. 20. The indemnity shall include moral damages. When the laws speak of years, months, days or nights, it shall be understood that years are of three hundred sixty-five days each; months, of thirty days; days, of twenty-four hours; and nights from sunset to sunrise. The lessee is responsible for the deterioration or loss of the thing leased, unless he proves that it took place without his fault. In matters which are governed by the Code of Commerce and special laws, their deficiency shall be supplied by the provisions of this Code. Art. Every person shall respect the dignity, personality, privacy and peace of mind of his neighbors and other persons. Art. (1896a), Art. Whoever voluntarily takes charge of the agency or management of the business or property of another, without any power from the latter, is obliged to continue the same until the termination of the affair and its incidents, or to require the person concerned to substitute him, if the owner is in a position to do so. If something is received when there is no right to demand it, and it was unduly delivered through mistake, the obligation to return it arises. 11. (n), Art. Art. Such civil action may be supported by a preponderance of evidence. 2144. 2142. (1897), Art. 2154. 1, and 1404 regarding unauthorized contracts shall govern. The rights and obligations of the finder of lost personal property shall be governed by Articles 719 and 720. 2153. (1894a). (n), Art. 2171. Art. If months are designated by their name, they shall be computed by the number of days which they respectively have. When during a fire, flood, storm, or other calamity, property is saved from destruction by another person without the knowledge of the owner, the latter is bound to pay the former just compensation. 2160. 35. When the civil action is based on an obligation not arising from the act or omission complained of as a felony, such civil action may proceed independently of the criminal proceedings and regardless of the result of the latter. 2088. As regards the reimbursement for improvements and expenses incurred by him who unduly received the thing, the provisions of Title V of Book II shall govern. The Civil Code is divided into four “books”, with each specific book namely: 247. If the payer was in doubt whether the debt was due, he may recover if he proves that it was not due. (n). 2150. 48 of March 20, 1947 by President Manuel Roxas. In case either or both of the contracting parties, being neither widowed nor divorced, are less than twenty years of age as regards the male and less than eighteen years as regards the female, they shall, in addition to the requirements of the preceding articles, exhibit to the local civil registrar, the consent to their marriage, of their father, mother or guardian, or persons having legal charge of them, in the order mentioned. The responsibility herein set forth is not demandable from a judge unless his act or omission constitutes a violation of the Penal Code or other penal statute. Any person who wilfully causes loss or injury to another in a manner that is contrary to morals, good customs or public policy shall compensate the latter for the damage. Art. Art. Article 1667. (1893). Any public officer or employee, or any private individual, who directly or indirectly obstructs, defeats, violates or in any manner impedes or impairs any of the following rights and liberties of another person shall be liable to the latter for damages: (3)  Freedom to write for the press or to maintain a periodical publication; (4)  Freedom from arbitrary or illegal detention; (6)  The right against deprivation of property without due process of law; (7)  The right to a just compensation when private property is taken for public use; (8)  The right to the equal protection of the laws; (9)  The right to be secure in one's person, house, papers, and effects against unreasonable searches and seizures; (10)  The liberty of abode and of changing the same; (11)  The privacy of communication and correspondence; (12)  The right to become a member of associations or societies for purposes not contrary to law; (13)  The right to take part in a peaceable assembly to petition the government for redress of grievances; (14)  The right to be free from involuntary servitude in any form; (15)  The right of the accused against excessive bail; (16)  The right of the accused to be heard by himself and counsel, to be informed of the nature and cause of the accusation against him, to have a speedy and public trial, to meet the witnesses face to face, and to have compulsory process to secure the attendance of witness in his behalf; (17)  Freedom from being compelled to be a witness against one's self, or from being forced to confess guilt, or from being induced by a promise of immunity or reward to make such confession, except when the person confessing becomes a State witness; (18)  Freedom from excessive fines, or cruel and unusual punishment, unless the same is imposed or inflicted in accordance with a statute which has not been judicially declared unconstitutional; and. Any person who is constrained to pay the taxes of another shall be entitled to reimbursement from the latter. The right of every possessor in good faith to reimbursement for necessary and useful expenses is governed by Article 546. (n), Art. Pre-judicial questions which must be decided before any criminal prosecution may be instituted or may proceed, shall be governed by rules of court which the Supreme Court shall promulgate and which shall not be in conflict with the provisions of this Code. Art. Thoughtless extravagance in expenses for pleasure or display during a period of acute public want or emergency may be stopped by order of the courts at the instance of any government or private charitable institution. Ignorance of the law excuses no one from compliance therewith. This burden of proof on the lessee does not apply when the destruction is due to earthquake, flood, storm or other natural calamity. Art. In the first case, the provisions of Articles 1317, 1403, No. By the contract of partnership two or more persons bind themselves to contribute money, property, or industry to a common fund, with the intention of dividing the profits among themselves. (1898), Art. Every person who, contrary to law, wilfully or negligently causes damage to another, shall indemnify the latter for the same. 2175. The provisions for quasi-contracts in this Chapter do not exclude other quasi-contracts which may come within the purview of the preceding article. If during the pendency of the civil action, an information should be presented by the prosecuting attorney, the civil action shall be suspended until the termination of the criminal proceedings. When the property delivered or money paid belongs to a third person, the payee shall comply with the provisions of article 1984. The Civil Code of the Philippines. 2157. Civil Code of the Philippines: Articles 8,9,10,11,12 and 13. The Civil Code of the Philippines. When through an accident or other cause a person is injured or becomes seriously ill, and he is treated or helped while he is not in a condition to give consent to a contract, he shall be liable to pay for the services of the physician or other person aiding him, unless the service has been rendered out of pure generosity. 2170. - OBLIGATIONS CHAPTER 1 GENERAL PROVISIONS. August 20, 2017 ARTICLE 29 When the accused in a criminal prosecution is acquitted on the ground that his guilt has not been proved beyond reasonable doubt, a civil action for damages for the same act or omission may be instituted. 22. 3. 2163. Art. Whoever in bad faith accepts an undue payment, shall pay legal interest if a sum of money is involved, or shall be liable for fruits received or which should have been received if the thing produces fruits. The courts may, however, increase or moderate the indemnity according to the circumstances of each case. TITLE IX PARTNERSHIP. (1a), Art. Art. These provisions shall not apply: (1) If the owner has expressly or tacitly ratified the management, or, (2) When the contract refers to things pertaining to the owner of the business. (11a), Art. 2168. Article 1. Art. Said article provides, ART. 2143. The ratification of the management by the owner of the business produces the effects of an express agency, even if the business may not have been successful. Art. Laws shall have no retroactive effect, unless the contrary is provided. He who paid unduly may proceed only against the true debtor or the guarantors with regard to whom the action is still effective. Art. Art. The responsibility of two or more payees, when there has been payment of what is not due, is solidary. (6), Art. (2) When the officious manager withdraws from the management, subject to the provisions of Article 2144; (3) By the death, civil interdiction, insanity or insolvency of the owner or the officious manager. When the government, upon the failure of any person to comply with health or safety regulations concerning property, undertakes to do the necessary work, even over his objection, he shall be liable to pay the expenses. AN ACT TO ORDAIN AND INSTITUTE THE CIVIL CODE OF THE PHILIPPINES. (1892a). This Act shall be known as the Civil Code of the Philippines. Civil Code of the Philippines ARTICLE 1767. 5. The provisions of this article apply when the father or mother of a child under eighteen years of age unjustly refuses to support him. 4. (n) Art. BOOK IV OBLIGATIONS AND CONTRACTS Title. The period begins upon the declaration of the government that the subject land is no longer intended for public service. & Its Modifications, Book 3: Different Modes of Acquiring Ownership. (1959a) Art. Art. school, law. In cases of defamation, fraud, and physical injuries a civil action for damages, entirely separate and distinct from the criminal action, may be brought by the injured party. If he has alienated it, he shall return the price or assign the action to collect the sum. 8. Certain lawful, voluntary and unilateral acts give rise to the juridical relation of quasi-contract to the end that no one shall be unjustly enriched or benefited at the expense of another. He shall be exempt from the obligation to restore who, believing in good faith that the payment was being made of a legitimate and subsisting claim, destroyed the document, or allowed the action to prescribe, or gave up the pledges, or cancelled the guaranties for his right. “No demand, no delay.” This rule is spelled out by Article 1169 of the Civil Code, where those obliged to deliver or to do something incur a delay from the time the obligee (or the person to whom an obligation is owed) judicially or extrajudicially demands fulfillment of the obligation. Exemplary damages may also be adjudicated. Art. 1137. Administrative or executive acts, orders and regulations shall be valid only when they are not contrary to the laws or the Constitution. (1563a) Article 1668. Filed under 17. (1894a), Art. He who in good faith accepts an undue payment of a thing certain and determinate shall only be responsible for the impairment or loss of the same or its accessories and accessions insofar as he has thereby been benefited. Upon the defendant's motion, the court may require the plaintiff to file a bond to indemnify the defendant in case the complaint should be found to be malicious. (n), Art. 3. 8. The forms and solemnities of contracts, wills, and other public instruments shall be governed by the laws of the country in which they are executed. In the absence of any declaration to that effect, it may be inferred from the text of the decision whether or not the acquittal is due to that ground. 27 -- Section 31, Corporation Code of the Philippines. (1891a). (1858) Art. 2173. Obligations arise from: (1) Law; (2) Contracts; (3) Quasi-contracts; (4) Acts or omissions punished by … 34. 2167. (1889a). (n), Art. Ownership and other real rights over immovables also prescribe through uninterrupted adverse possession thereof for thirty years, without need of title or of good faith. This Act shall be known as the "Civil Code of the Philippines." The responsibility of two or more officious managers shall be solidary, unless the management was assumed to save the thing or business from imminent danger. Unfair competition in agricultural, commercial or industrial enterprises or in labor through the use of force, intimidation, deceit, machination or any other unjust, oppressive or highhanded method shall give rise to a right of action by the person who thereby suffers damage. In computing a period, the first day shall be excluded, and the last day included. 18. the aggrieved party has a right to commence an entirely separate and distinct civil action for damages, and for other relief. Payment by reason of a mistake in the construction or application of a doubtful or difficult question of law may come within the scope of the preceding article. (9a). Art. Art. The indemnity shall include moral damages. Art. 2162. Laws shall take effect after fifteen days following the completion of their publication in the Official Gazette, unless it is otherwise provided. Except when the management was assumed to save property or business from imminent danger, the officious manager shall be liable for fortuitous events: (1) If he is manifestly unfit to carry on the management; (2) If by his intervention he prevented a more competent person from taking up the management. Art. Dr. Jorge C. Bocobo was the … 13. CHAPTER 1. Death or physical injuries inflicted under exceptional circumstances. – EXTRA-CONTRACTUAL OBLIGATIONS, Art. Customs which are contrary to law, public order or public policy shall not be countenanced. Art. (4a), Art. 2172. - PLEDGE, MORTGAGE AND ANTICHRESISCHAPTER 1PROVISIONS COMMON TO PLEDGE AND MORTGAGEArt. Post author: attykalibre; Post published: February 13, 2017; Post category: Civil Code Of the Philippines; Post comments: 0 Comments Art. When funeral expenses are borne by a third person, without the knowledge of those relatives who were obliged to give support to the deceased, said relatives shall reimburse the third person, should the latter claim reimbursement. Articles 1317, 1403, no acts executed against the provisions of Article 2052 are applicable to a person. And peace of mind of his neighbors and other persons aggrieved party has a right to commence entirely... Declared a law to be inconsistent with the Constitution shall form a part of new! 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