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ph/1949/06/18/republic-act-no-386/
Republic Act No. 386
REPUBLIC ACT NO. 386
AN ACT TO ORDAIN AND INSTITUTE THE CIVIL CODE OF THE PHILIPPINES
PRELIMINARY TITLE
CHAPTER 1
Ef f ect and Applicat ion of Laws
ARTICLE 1. This Act shall be known as t he Civil Code of t he Philippines. (n)
ARTICLE 2. Laws shall t ake ef f ect af t er f if t een days f ollowing t he complet ion of t heir publicat ion
eit her in t he Of f icial Gazet t e or in a newspaper of general circulat ion in t he Philippines, unless it is
ot herwise provided.
ARTICLE 3. Ignorance of t he law excuses no one f rom compliance t herewit h. (2)
ARTICLE 4. Laws shall have no ret roact ive ef f ect , unless t he cont rary is provided. (3)
ARTICLE 5. Act s execut ed against t he provisions of mandat ory or prohibit ory laws shall be void,
except when t he law it self aut horizes t heir validit y. (4a)
ARTICLE 6. Right s may be waived, unless t he waiver is cont rary t o law, public order, public policy,
morals, or good cust oms, or prejudicial t o a t hird person wit h a right recognized by law. (4a)
ARTICLE 7. Laws are repealed only by subsequent ones, and t heir violat ion or non-observance
shall not be excused by disuse, or cust om or pract ice t o t he cont rary.
When t he court s declare a law t o be inconsist ent wit h t he Const it ut ion, t he f ormer shall be void
and t he lat t er shall govern.
Administ rat ive or execut ive act s, orders and regulat ions shall be valid only when t hey are not
cont rary t o t he laws or t he Const it ut ion. (5a)
ARTICLE 8. Judicial decisions applying or int erpret ing t he laws or t he Const it ut ion shall f orm part
of t he legal syst em of t he Philippines. (n)
ARTICLE 9. No judge or court shall decline t o render judgment by reason of t he silence, obscurit y
or insuf f iciency of t he laws. (6)
ARTICLE 10. In case of doubt in t he int erpret at ion or applicat ion of laws, it is presumed t hat t he
lawmaking body int ended right and just ice t o prevail. (n)
ARTICLE 11. Cust oms which are cont rary t o law, public order or public policy shall not be
count enanced. (n)
ARTICLE 12. A cust om must be proved as a f act , according t o t he rules of evidence. (n)
ARTICLE 13. When t he laws speak of years, mont hs, days or night s, it shall be underst ood t hat
years are of t hree hundred sixt y-f ive days each; mont hs, of t hirt y days; days, of t went y-f our
hours; and night s f rom sunset t o sunrise.
If mont hs are designat ed by t heir name, t hey shall be comput ed by t he number of days which t hey
respect ively have.
In comput ing a period, t he f irst day shall be excluded, and t he last day included. (7a)
ARTICLE 14. Penal laws and t hose of public securit y and saf et y shall be obligat ory upon all who
live or sojourn in Philippine t errit ory, subject t o t he principles of public int ernat ional law and t o
t reat y st ipulat ions. (8a)
ARTICLE 15. Laws relat ing t o f amily right s and dut ies, or t o t he st at us, condit ion and legal capacit y
of persons are binding upon cit izens of t he Philippines, even t hough living abroad. (9a)
ARTICLE 16. Real propert y as well as personal propert y is subject t o t he law of t he count ry where
it is sit uat ed.
However, int est at e and t est ament ary successions, bot h wit h respect t o t he order of succession
and t o t he amount of successional right s and t o t he int rinsic validit y of t est ament ary provisions,
shall be regulat ed by t he nat ional law of t he person whose succession is under considerat ion,
what ever may be t he nat ure of t he propert y and regardless of t he count ry wherein said propert y
may be f ound. (10a)
ARTICLE 17. The f orms and solemnit ies of cont ract s, wills, and ot her public inst rument s shall be
governed by t he laws of t he count ry in which t hey are execut ed.
When t he act s ref erred t o are execut ed bef ore t he diplomat ic or consular of f icials of t he Republic
of t he Philippines in a f oreign count ry, t he solemnit ies est ablished by Philippine laws shall be
observed in t heir execut ion.
Prohibit ive laws concerning persons, t heir act s or propert y, and t hose which have f or t heir object
public order, public policy and good cust oms shall not be rendered inef f ect ive by laws or judgment s
promulgat ed, or by det erminat ions or convent ions agreed upon in a f oreign count ry. (11a)
ARTICLE 18. In mat t ers which are governed by t he Code of Commerce and special laws, t heir
def iciency shall be supplied by t he provisions of t his Code. (16a)
CHAPTER 2
Human Relat ions (n)
ARTICLE 19. Every person must , in t he exercise of his right s and in t he perf ormance of his dut ies,
act wit h just ice, give everyone his due, and observe honest y and good f ait h.
ARTICLE 20. Every person who, cont rary t o law, wilf ully or negligent ly causes damage t o anot her,
shall indemnif y t he lat t er f or t he same.
ARTICLE 21. Any person who wilf ully causes loss or injury t o anot her in a manner t hat is cont rary
t o morals, good cust oms or public policy shall compensat e t he lat t er f or t he damage.
ARTICLE 22. Every person who t hrough an act of perf ormance by anot her, or any ot her means,
acquires or comes int o possession of somet hing at t he expense of t he lat t er wit hout just or legal
ground, shall ret urn t he same t o him.
ARTICLE 23. Even when an act or event causing damage t o anot hers propert y was not due t o t he
f ault or negligence of t he def endant , t he lat t er shall be liable f or indemnit y if t hrough t he act or
event he was benef it ed.
ARTICLE 24. In all cont ract ual, propert y or ot her relat ions, when one of t he part ies is at a
disadvant age on account of his moral dependence, ignorance, indigence, ment al weakness, t ender
age or ot her handicap, t he court s must be vigilant f or his prot ect ion.
ARTICLE 25. Thought less ext ravagance in expenses f or pleasure or display during a period of
acut e public want or emergency may be st opped by order of t he court s at t he inst ance of any
government or privat e charit able inst it ut ion.
ARTICLE 26. Every person shall respect t he dignit y, personalit y, privacy and peace of mind of his
neighbors and ot her persons. The f ollowing and similar act s, t hough t hey may not const it ut e a
criminal of f ense, shall produce a cause of act ion f or damages, prevent ion and ot her relief :
(1) Prying int o t he privacy of anot hers residence;
(2) Meddling wit h or dist urbing t he privat e lif e or f amily relat ions of anot her; dumrrI
(3) Int riguing t o cause anot her t o be alienat ed f rom his f riends;
(4) Vexing or humiliat ing anot her on account of his religious belief s, lowly st at ion in lif e, place of
birt h, physical def ect , or ot her personal condit ion.
ARTICLE 27. Any person suf f ering mat erial or moral loss because a public servant or employee
ref uses or neglect s, wit hout just cause, t o perf orm his of f icial dut y may f ile an act ion f or damages
and ot her relief against t he lat t er, wit hout prejudice t o any disciplinary administ rat ive act ion t hat
may be t aken.
ARTICLE 28. Unf air compet it ion in agricult ural, commercial or indust rial ent erprises or in labor
t hrough t he use of f orce, int imidat ion, deceit , machinat ion or any ot her unjust , oppressive or
highhanded met hod shall give rise t o a right of act ion by t he person who t hereby suf f ers damage.
ARTICLE 29. When t he accused in a criminal prosecut ion is acquit t ed on t he ground t hat his guilt
has not been proved beyond reasonable doubt , a civil act ion f or damages f or t he same act or
omission may be inst it ut ed. Such act ion requires only a preponderance of evidence. Upon mot ion
of t he def endant , t he court may require t he plaint if f t o f ile a bond t o answer f or damages in case
t he complaint should be f ound t o be malicious.
If in a criminal case t he judgment of acquit t al is based upon reasonable doubt , t he court shall so
declare. In t he absence of any declarat ion t o t hat ef f ect , it may be inf erred f rom t he t ext of t he
decision whet her or not t he acquit t al is due t o t hat ground.
ARTICLE 30. When a separat e civil act ion is brought t o demand civil liabilit y arising f rom a criminal
of f ense, and no criminal proceedings are inst it ut ed during t he pendency of t he civil case, a
preponderance of evidence shall likewise be suf f icient t o prove t he act complained of .
ARTICLE 31. When t he civil act ion is based on an obligat ion not arising f rom t he act or omission
complained of as a f elony, such civil act ion may proceed independent ly of t he criminal proceedings
and regardless of t he result of t he lat t er.
ARTICLE 32. Any public of f icer or employee, or any privat e individual, who direct ly or indirect ly
obst ruct s, def eat s, violat es or in any manner impedes or impairs any of t he f ollowing right s and
libert ies of anot her person shall be liable t o t he lat t er f or damages:
(1) Freedom of religion;
(2) Freedom of speech;
(3) Freedom t o writ e f or t he press or t o maint ain a periodical publicat ion;
(4) Freedom f rom arbit rary or illegal det ent ion;
(5) Freedom of suf f rage;
(6) The right against deprivat ion of propert y wit hout due process of law;
(7) The right t o a just compensat ion when privat e propert y is t aken f or public use;
(8) The right t o t he equal prot ect ion of t he laws;
(9) The right t o be secure in ones person, house, papers, and ef f ect s against unreasonable
searches and seizures;
(10) The libert y of abode and of changing t he same;
(11) The privacy of communicat ion and correspondence; cd
(12) The right t o become a member of associat ions or societ ies f or purposes not cont rary t o law;
(13) The right t o t ake part in a peaceable assembly t o pet it ion t he Government f or redress of
grievances;
(14) The right t o be f ree f rom involunt ary servit ude in any f orm;
(15) The right of t he accused against excessive bail;
(16) The right of t he accused t o be heard by himself and counsel, t o be inf ormed of t he nat ure and
cause of t he accusat ion against him, t o have a speedy and public t rial, t o meet t he wit nesses f ace
t o f ace, and t o have compulsory process t o secure t he at t endance of wit ness in his behalf ;
(17) Freedom f rom being compelled t o be a wit ness against ones self , or f rom being f orced t o
conf ess guilt , or f rom being induced by a promise of immunit y or reward t o make such conf ession,
except when t he person conf essing becomes a St at e wit ness;
(18) Freedom f rom excessive f ines, or cruel and unusual punishment , unless t he same is imposed
or inf lict ed in accordance wit h a st at ut e which has not been judicially declared unconst it ut ional;
and
(19) Freedom of access t o t he court s.
In any of t he cases ref erred t o in t his art icle, whet her or not t he def endant s act or omission
const it ut es a criminal of f ense, t he aggrieved part y has a right t o commence an ent irely separat e
and dist inct civil act ion f or damages, and f or ot her relief . Such civil act ion shall proceed
independent ly of any criminal prosecut ion (if t he lat t er be inst it ut ed), and may be proved by a
preponderance of evidence.
The indemnit y shall include moral damages. Exemplary damages may also be adjudicat ed.
The responsibilit y herein set f ort h is not demandable f rom a judge unless his act or omission
const it ut es a violat ion of t he Penal Code or ot her penal st at ut e. Pnamei
ARTICLE 33. In cases of def amat ion, f raud, and physical injuries, a civil act ion f or damages, ent irely
separat e and dist inct f rom t he criminal act ion, may be brought by t he injured part y. Such civil act ion
shall proceed independent ly of t he criminal prosecut ion, and shall require only a preponderance of
evidence.
ARTICLE 34. When a member of a cit y or municipal police f orce ref uses or f ails t o render aid or
prot ect ion t o any person in case of danger t o lif e or propert y, such peace of f icer shall be primarily
liable f or damages, and t he cit y or municipalit y shall be subsidiarily responsible t heref or. The civil
act ion herein recognized shall be independent of any criminal proceedings, and a preponderance
of evidence shall suf f ice t o support such act ion.
ARTICLE 35. When a person, claiming t o be injured by a criminal of f ense, charges anot her wit h t he
same, f or which no independent civil act ion is grant ed in t his Code or any special law, but t he
just ice of t he peace f inds no reasonable grounds t o believe t hat a crime has been commit t ed, or
t he prosecut ing at t orney ref uses or f ails t o inst it ut e criminal proceedings, t he complainant may
bring a civil act ion f or damages against t he alleged of f ender. Such civil act ion may be support ed by
a preponderance of evidence. Upon t he def endant s mot ion, t he court may require t he plaint if f t o
f ile a bond t o indemnif y t he def endant in case t he complaint should be f ound t o be malicious.
If during t he pendency of t he civil act ion, an inf ormat ion should be present ed by t he prosecut ing
at t orney, t he civil act ion shall be suspended unt il t he t erminat ion of t he criminal proceedings.
ARTICLE 36. Pre-judicial quest ions, which must be decided bef ore any criminal prosecut ion may be
inst it ut ed or may proceed, shall be governed by rules of court which t he Supreme Court shall
promulgat e and which shall not be in conf lict wit h t he provisions of t his Code.
BOOK I
Persons
TITLE I
Civil Personalit y
CHAPTER 1
General Provisions
ARTICLE 37. Juridical capacit y, which is t he f it ness t o be t he subject of legal relat ions, is inherent in
every nat ural person and is lost only t hrough deat h. Capacit y t o act , which is t he power t o do act s
wit h legal ef f ect , is acquired and may be lost . (n)
ARTICLE 38. Minorit y, insanit y or imbecilit y, t he st at e of being a deaf -mut e, prodigalit y and civil
int erdict ion are mere rest rict ions on capacit y t o act , and do not exempt t he incapacit at ed person
f rom cert ain obligat ions, as when t he lat t er arise f rom his act s or f rom propert y relat ions, such as
easement s. (32a)
ARTICLE 39. The f ollowing circumst ances, among ot hers, modif y or limit capacit y t o act : age,
insanit y, imbecilit y, t he st at e of being a deaf -mut e, penalt y, prodigalit y, f amily relat ions, alienage,
absence, insolvency and t rust eeship. The consequences of t hese circumst ances are governed in
t his Code, ot her codes, t he Rules of Court , and in special laws. Capacit y t o act is not limit ed on
account of religious belief or polit ical opinion.
A married woman, t went y-one years of age or over, is qualif ied f or all act s of civil lif e, except in
cases specif ied by law. (n)
CHAPTER 2
Nat ural Persons
ARTICLE 40. Birt h det ermines personalit y; but t he conceived child shall be considered born f or all
purposes t hat are f avorable t o it , provided it be born lat er wit h t he condit ions specif ied in t he
f ollowing art icle. (29a)
ARTICLE 41. For civil purposes, t he f oet us is considered born if it is alive at t he t ime it is complet ely
delivered f rom t he mot hers womb. However, if t he f oet us had an int ra-ut erine lif e of less t han
seven mont hs, it is not deemed born if it dies wit hin t went y-f our hours af t er it s complet e delivery
f rom t he mat ernal womb. (30a)
ARTICLE 42. Civil personalit y is ext inguished by deat h.
The ef f ect of deat h upon t he right s and obligat ions of t he deceased is det ermined by law, by
cont ract and by will. (32a)
ARTICLE 43. If t here is a doubt , as bet ween t wo or more persons who are called t o succeed each
ot her, as t o which of t hem died f irst , whoever alleges t he deat h of one prior t o t he ot her, shall
prove t he same; in t he absence of proof , it is presumed t hat t hey died at t he same t ime and t here
shall be no t ransmission of right s f rom one t o t he ot her. (33)
CHAPTER 3
Juridical Persons
ARTICLE 44. The f ollowing are juridical persons:
(1) The St at e and it s polit ical subdivisions;
(2) Ot her corporat ions, inst it ut ions and ent it ies f or public int erest or purpose, creat ed by law; t heir
personalit y begins as soon as t hey have been const it ut ed according t o law;
(3) Corporat ions, part nerships and associat ions f or privat e int erest or purpose t o which t he law
grant s a juridical personalit y, separat e and dist inct f rom t hat of each shareholder, part ner or
member. (35a)
ARTICLE 45. Juridical persons ment ioned in Nos. 1 and 2 of t he preceding art icle are governed by
t he laws creat ing or recognizing t hem.
Privat e corporat ions are regulat ed by laws of general applicat ion on t he subject .
Part nerships and associat ions f or privat e int erest or purpose are governed by t he provisions of
t his Code concerning part nerships. (36 and 37a)
ARTICLE 46. Juridical persons may acquire and possess propert y of all kinds, as well as incur
obligat ions and bring civil or criminal act ions, in conf ormit y wit h t he laws and regulat ions of t heir
organizat ion. (38a)
ARTICLE 47. Upon t he dissolut ion of corporat ions, inst it ut ions and ot her ent it ies f or public int erest
or purpose ment ioned in No. 2 of art icle 44, t heir propert y and ot her asset s shall be disposed of in
pursuance of law or t he chart er creat ing t hem. If not hing has been specif ied on t his point , t he
propert y and ot her asset s shall be applied t o similar purposes f or t he benef it of t he region,
province, cit y or municipalit y which during t he exist ence of t he inst it ut ion derived t he principal
benef it s f rom t he same. (39a)
TITLE II
Cit izenship and Domicile
ARTICLE 48. The f ollowing are cit izens of t he Philippines:
(1) Those who were cit izens of t he Philippines at t he t ime of t he adopt ion of t he Const it ut ion of
t he Philippines;
(2) Those born in t he Philippines of f oreign parent s who, bef ore t he adopt ion of said Const it ut ion,
had been elect ed t o public of f ice in t he Philippines;
(3) Those whose f at hers are cit izens of t he Philippines;
(4) Those whose mot hers are cit izens of t he Philippines and, upon reaching t he age of majorit y,
elect Philippine cit izenship;
(5) Those who are nat uralized in accordance wit h law. (n)
ARTICLE 49. Nat uralizat ion and t he loss and reacquisit ion of cit izenship of t he Philippines are
governed by special laws. (n)
ARTICLE 50. For t he exercise of civil right s and t he f ulf illment of civil obligat ions, t he domicile of
nat ural persons is t he place of t heir habit ual residence. (40a)
ARTICLE 51. When t he law creat ing or recognizing t hem, or any ot her provision does not f ix t he
domicile of juridical persons, t he same shall be underst ood t o be t he place where t heir legal
represent at ion is est ablished or where t hey exercise t heir principal f unct ions. (41a)
TITLE III
Marriage
CHAPTER 1
Requisit es of Marriage
ARTICLE 52. Marriage is not a mere cont ract but an inviolable social inst it ut ion. It s nat ure,
consequences and incident s are governed by law and not subject t o st ipulat ion, except t hat t he
marriage set t lement s may t o a cert ain ext ent f ix t he propert y relat ions during t he marriage. (n)
ARTICLE 53. No marriage shall be solemnized unless all t hese requisit es are complied wit h:
(1) Legal capacit y of t he cont ract ing part ies; wsLdum
(2) Their consent , f reely given;
(3) Aut horit y of t he person perf orming t he marriage; and
(4) A marriage license, except in a marriage of except ional charact er (Sec. 1a, art . 3613).
ARTICLE 54. Any male of t he age of sixt een years or upwards, and any f emale of t he age of
f ourt een years or upwards, not under any of t he impediment s ment ioned in art icles 80 t o 84, may
cont ract marriage. (2)
ARTICLE 55. No part icular f orm f or t he ceremony of marriage is required, but t he part ies wit h legal
capacit y t o cont ract marriage must declare, in t he presence of t he person solemnizing t he
marriage and of t wo wit nesses of legal age, t hat t hey t ake each ot her as husband and wif e. This
declarat ion shall be set f ort h in an inst rument in t riplicat e, signed by signat ure or mark by t he
cont ract ing part ies and said t wo wit nesses and at t est ed by t he person solemnizing t he marriage.
In case of a marriage on t he point of deat h, when t he dying part y, being physically unable, cannot
sign t he inst rument by signat ure or mark, it shall be suf f icient f or one of t he wit nesses t o t he
marriage t o sign in his name, which f act shall be at t est ed by t he minist er solemnizing t he marriage.
(3)
ARTICLE 56. Marriage may be solemnized by:
(1) The Chief Just ice and Associat e Just ices of t he Supreme Court ;
(2) The Presiding Just ice and t he Just ices of t he Court of Appeals;
(3) Judges of t he Court s of First Inst ance;
(4) Mayors of cit ies and municipalit ies;
(5) Municipal judges and just ices of t he peace;
(6) Priest s, rabbis, minist ers of t he gospel of any denominat ion, church, religion or sect , duly
regist ered, as provided in art icle 92; and
(7) Ship capt ains, airplane chief s, milit ary commanders, and consuls and vice-consuls in special
cases provided in art icles 74 and 75. (4a)
ARTICLE 57. The marriage shall be solemnized publicly in t he of f ice of t he judge in open court or
of t he mayor, or in t he church, chapel or t emple, as t he case may be, and not elsewhere, except in
cases of marriages cont ract ed on t he point of deat h or in remot e places in accordance wit h art icle
72 of t his Code, or in case of marriage ref erred t o in art icle 76 or when one of t he parent s or t he
guardian of t he f emale or t he lat t er herself if over eight een years of age request it in writ ing, in
which cases t he marriage may be solemnized at a house or place designat ed by said parent or
guardian of t he f emale or by t he lat t er herself in a sworn st at ement t o t hat ef f ect . (5a)
ARTICLE 58. Save marriages of an except ional charact er aut horized in Chapt er 2 of t his Tit le, but
not t hose under art icle 75, no marriage shall be solemnized wit hout a license f irst being issued by
t he local civil regist rar of t he municipalit y where eit her cont ract ing part y habit ually resides. (7a)
ARTICLE 59. The local civil regist rar shall issue t he proper license if each of t he cont ract ing part ies
swears separat ely bef ore him or bef ore any public of f icial aut horized t o administ er oat hs, t o an
applicat ion in writ ing set t ing f ort h t hat such part y has t he necessary qualif icat ions f or cont ract ing
marriage. The applicant s, t heir parent s or guardians shall not be required t o exhibit t heir residence
cert if icat es in any f ormalit y in connect ion wit h t he securing of t he marriage license. Such
applicat ion shall insof ar as possible cont ain t he f ollowing dat a: nuinse
(1) Full name of t he cont ract ing part y;
(2) Place of birt h;
(3) Age, dat e of birt h;
(4) Civil st at us (single, widow or widower, or divorced);
(5) If divorced, how and when t he previous marriage was dissolved;
(6) Present residence;
(7) Degree of relat ionship of t he cont ract ing part ies;
(8) Full name of t he f at her;
(9) Residence of t he f at her;
(10) Full name of t he mot her;
(11) Residence of t he mot her;
(12) Full name and residence of t he guardian or person having charge, in case t he cont ract ing
part y has neit her f at her nor mot her and is under t he age of t went y years, if a male, or eight een
years if a f emale. (7a)
ARTICLE 60. The local civil regist rar, upon receiving such applicat ion, shall require t he exhibit ion of
t he original bapt ismal or birt h cert if icat es of t he cont ract ing part ies or copies of such document s
duly at t est ed by t he persons having cust ody of t he originals. These cert if icat es or cert if ied copies
of t he document s required by t his art icle need not be sworn t o and shall be exempt f rom t he
document ary st amp t ax. The signat ure and of f icial t it le of t he person issuing t he cert if icat e shall
be suf f icient proof of it s aut hent icit y.
If eit her of t he cont ract ing part ies is unable t o produce his bapt ismal or birt h cert if icat e or a
cert if ied copy of eit her because of t he dest ruct ion or loss of t he original, or if it is shown by an
af f idavit of such part y or of any ot her person t hat such bapt ismal or birt h cert if icat e has not yet
been received t hough t he same has been request ed of t he person having cust ody t hereof at least
f if t een days prior t o t he dat e of t he applicat ion, such part y may f urnish in lieu t hereof his residence
cert if icat e f or t he current year or any previous years, t o show t he age st at ed in his applicat ion or,
in t he absence t hereof , an inst rument drawn up and sworn t o bef ore t he local civil regist rar
concerned or any public of f icial aut horized t o solemnize marriage. Such inst rument shall cont ain
t he sworn declarat ion of t wo wit nesses, of lawf ul age, of eit her sex, set t ing f ort h t he f ull name,
prof ession, and residence of such cont ract ing part y and of his or her parent s, if known, and t he
place and dat e of birt h of such part y. The nearest of kin of t he cont ract ing part ies shall be
pref erred as wit nesses, and in t heir def ault , persons well known in t he province or t he localit y f or
t heir honest y and good reput e.
The exhibit ion of bapt ismal or birt h cert if icat es shall not be required if t he parent s of t he
cont ract ing part ies appear personally bef ore t he local civil regist rar concerned and swear t o t he
correct ness of t he lawf ul age of said part ies, as st at ed in t he applicat ion, or when t he local civil
regist rar shall, by merely looking at t he applicant s upon t heir personally appearing bef ore him, be
convinced t hat eit her or bot h of t hem have t he required age. (8a)
ARTICLE 61. In case eit her of t he cont ract ing part ies is a widowed or divorced person, t he same
shall be required t o f urnish, inst ead of t he bapt ismal or birt h cert if icat e required in t he last
preceding art icle, t he deat h cert if icat e of t he deceased spouse or t he decree of t he divorce court ,
as t he case may be. In case t he deat h cert if icat e cannot be f ound, t he part y shall make an af f idavit
set t ing f ort h t his circumst ance and his or her act ual civil st at us and t he name and t he dat e of t he
deat h of t he deceased spouse.
In case eit her or bot h of t he cont ract ing part ies, being neit her widowed nor divorced, are less t han
t went y years of age as regards t he male and less t han eight een years as regards t he f emale, t hey
shall, in addit ion t o t he requirement s of t he preceding art icles, exhibit t o t he local civil regist rar, t he
consent t o t heir marriage, of t heir f at her, mot her or guardian, or persons having legal charge of
t hem, in t he order ment ioned. Such consent shall be in writ ing, under oat h t aken wit h t he
appearance of t he int erest ed part ies bef ore t he proper local civil regist rar or in t he f orm of an
af f idavit made in t he presence of t wo wit nesses and at t est ed bef ore any of f icial aut horized by law
t o administ er oat hs. (9a)
ARTICLE 62. Males above t went y but under t went y-f ive years of age, or f emales above eight een
but under t went y-t hree years of age, shall be obliged t o ask t heir parent s or guardian f or advice
upon t he int ended marriage. If t hey do not obt ain such advice, or if it be unf avorable, t he marriage
shall not t ake place t ill af t er t hree mont hs f ollowing t he complet ion of t he publicat ion of t he
applicat ion f or marriage license. A sworn st at ement by t he cont ract ing part ies t o t he ef f ect t hat
such advice has been sought , t oget her wit h t he writ t en advice given, if any, shall accompany t he
applicat ion f or marriage license. Should t he parent s or guardian ref use t o give any advice, t his f act
shall be st at ed in t he sworn declarat ion. (n)
ARTICLE 63. The local civil regist rar shall post during t en consecut ive days at t he main door of t he
building where he has his of f ice a not ice, t he locat ion of which shall not be changed once it has
been placed, set t ing f ort h t he f ull names and domiciles of t he applicant s f or a marriage license and
ot her inf ormat ion given in t he applicat ion. This not ice shall request all persons having knowledge
of any impediment t o t he marriage t o advise t he local regist rar t hereof . The license shall be issued
af t er t he complet ion of t he publicat ion, unless t he local civil regist rar receives inf ormat ion upon
any alleged impediment t o t he marriage. (10a)
ARTICLE 64. Upon being advised of any alleged impediment t o t he marriage, t he local civil regist rar
shall f ort hwit h make an invest igat ion, examining persons under oat h. If he is convinced t hat t here
is an impediment t o t he marriage, it shall be his dut y t o wit hhold t he marriage license, unless he is
ot herwise ordered by a compet ent court . (n)
ARTICLE 65. The local civil regist rar shall demand t he previous payment of f ees required by law or
regulat ions f or each license issued. No ot her sum shall be collect ed, in t he nat ure of a f ee or t ax of
any kind, f or t he issuance of a marriage license. Marriage licenses shall be issued f ree of charge t o
indigent part ies, when bot h male and f emale do not each own assessed real propert y in excess of
f ive hundred pesos, a f act cert if ied t o, wit hout cost , by t he provincial t reasurer, or in t he absence
t hereof , by a st at ement duly sworn t o by t he cont ract ing part ies bef ore t he local civil regist rar. The
license shall be valid in any part of t he Philippines; but it shall be good f or no more t han one
hundred and t went y days f rom t he dat e on which it is issued and shall be deemed cancelled at t he
expirat ion of said period if t he int erest ed part ies have not made use of it . (11a)
ARTICLE 66. When eit her or bot h of t he cont ract ing part ies are cit izens or subject s of a f oreign
count ry, it shall be necessary, bef ore a marriage license can be obt ained, t o provide t hemselves
wit h a cert if icat e of legal capacit y t o cont ract marriage, t o be issued by t heir respect ive diplomat ic
or consular of f icials. (13a)
ARTICLE 67. The marriage cert if icat e in which t he cont ract ing part ies shall st at e t hat t hey t ake
each ot her as husband and wif e, shall also cont ain:
(1) The f ull names and domiciles of t he cont ract ing part ies;
(2) The age of each;
(3) A st at ement t hat t he proper marriage license has been issued according t o law and t hat t he
cont ract ing part ies have t he consent of t heir parent s in case t he male is under t went y or t he
f emale under eight een years of age; and
(4) A st at ement t hat t he guardian or parent has been inf ormed of t he marriage, if t he male is
bet ween t he ages of t went y and t went y-f ive years, and t he f emale bet ween eight een and t went y-
t hree years of age. (15a)
ARTICLE 68. It shall be t he dut y of t he person solemnizing t he marriage t o f urnish t o eit her of t he
cont ract ing part ies one of t he t hree copies of t he marriage cont ract ref erred t o in art icle 55, and
t o send anot her copy of t he document not lat er t han f if t een days af t er t he marriage t ook place t o
t he local civil regist rar concerned, whose dut y shall be t o issue t he proper receipt t o any person
sending a marriage cont ract solemnized by him, including marriages of an except ional charact er.
The of f icial, priest , or minist er solemnizing t he marriage shall ret ain t he t hird copy of t he marriage
cont ract , t he marriage license and t he af f idavit of t he int erest ed part y regarding t he solemnizat ion
of t he marriage in a place ot her t han t hose ment ioned in art icle 57 if t here be any such af f idavit , in
t he f iles t hat he must keep. (16a)
ARTICLE 69. It shall be t he dut y of t he local civil regist rar t o prepare t he document s required by t his
Tit le, and t o administ er oat hs t o all int erest ed part ies wit hout any charge in bot h cases.
The document s and af f idavit s f iled in connect ion wit h applicat ions f or marriage licenses shall be
exempt f rom t he document ary st amp t ax. (17a)
ARTICLE 70. The local civil regist rar concerned shall ent er all applicat ions f or marriage licenses f iled
wit h him in a regist er book st rict ly in t he order in which t he same shall be received. He shall ent er in
said regist er t he names of t he applicant s, t he dat e on which t he marriage license was issued, and
such ot her dat a as may be necessary. (18a)
ARTICLE 71. All marriages perf ormed out side t he Philippines in accordance wit h t he laws in f orce in
t he count ry where t hey were perf ormed, and valid t here as such, shall also be valid in t his count ry,
except bigamous, polygamous, or incest uous marriages as det ermined by Philippine law. (19a)
CHAPTER 2
Marriages of Except ional Charact er
ARTICLE 72. In case eit her of t he cont ract ing part ies is on t he point of deat h or t he f emale has her
habit ual residence at a place more t han f if t een kilomet ers dist ant f rom t he municipal building and
t here is no communicat ion by railroad or by provincial or local highways bet ween t he f ormer and
t he lat t er, t he marriage may be solemnized wit hout necessit y of a marriage license; but in such
cases t he of f icial, priest , or minist er solemnizing it shall st at e in an af f idavit made bef ore t he local
civil regist rar or any person aut horized by law t o administ er oat hs t hat t he marriage was perf ormed
in art iculo mort is or at a place more t han f if t een kilomet ers dist ant f rom t he municipal building
concerned, in which lat t er case he shall give t he name of t he barrio where t he marriage was
solemnized. The person who solemnized t he marriage shall also st at e, in eit her case, t hat he t ook
t he necessary st eps t o ascert ain t he ages and relat ionship of t he cont ract ing part ies and t hat
t here was in his opinion no legal impediment t o t he marriage at t he t ime t hat it was solemnized.
(20)
ARTICLE 73. The original of t he af f idavit required in t he last preceding art icle, t oget her wit h a copy
of t he marriage cont ract , shall be sent by t he person solemnizing t he marriage t o t he local civil
regist rar of t he municipalit y where it was perf ormed wit hin t he period of t hirt y days, af t er t he
perf ormance of t he marriage. The local civil regist rar shall, however, bef ore f iling t he papers,
require t he payment int o t he municipal t reasury of t he legal f ees required in art icle 65. (21)
ARTICLE 74. A marriage in art iculo mort is may also be solemnized by t he capt ain of a ship or chief
of an airplane during a voyage, or by t he commanding of f icer of a milit ary unit , in t he absence of a
chaplain, during war. The dut ies ment ioned in t he t wo preceding art icles shall be complied wit h by
t he ship capt ain, airplane chief or commanding of f icer. (n)
ARTICLE 75. Marriages bet ween Filipino cit izens abroad may be solemnized by consuls and vice-
consuls of t he Republic of t he Philippines. The dut ies of t he local civil regist rar and of a judge or
just ice of t he peace or mayor wit h regard t o t he celebrat ion of marriage shall be perf ormed by
such consuls and vice-consuls. (n)
ARTICLE 76. No marriage license shall be necessary when a man and a woman who have at t ained
t he age of majorit y and who, being unmarried, have lived t oget her as husband and wif e f or at least
f ive years, desire t o marry each ot her. The cont ract ing part ies shall st at e t he f oregoing f act s in an
af f idavit bef ore any person aut horized by law t o administ er oat hs. The of f icial, priest or minist er
who solemnized t he marriage shall also st at e in an af f idavit t hat he t ook st eps t o ascert ain t he
ages and ot her qualif icat ions of t he cont ract ing part ies and t hat he f ound no legal impediment t o
t he marriage. (n)
ARTICLE 77. In case t wo persons married in accordance wit h law desire t o rat if y t heir union in
conf ormit y wit h t he regulat ions, rit es, or pract ices of any church, sect , or religion, it shall no longer
be necessary t o comply wit h t he requirement s of Chapt er 1 of t his Tit le and any rat if icat ion so
made shall merely be considered as a purely religious ceremony. (23)
ARTICLE 78. Marriages bet ween Mohammedans or pagans who live in t he non-Christ ian provinces
may be perf ormed in accordance wit h t heir cust oms, rit es or pract ices. No marriage license or
f ormal requisit es shall be necessary. Nor shall t he persons solemnizing t hese marriages be obliged
t o comply wit h art icle 92.
However, t hirt y years af t er t he approval of t his Code, all marriages perf ormed bet ween Muslims or
ot her non-Christ ians shall be solemnized in accordance wit h t he provisions of t his Code. But t he
President of t he Philippines, upon recommendat ion of t he Commissioner of Nat ional Int egrat ion,
may at any t ime bef ore t he expirat ion of said period, by proclamat ion, make any of said provisions
applicable t o t he Muslims and non-Christ ian inhabit ant s of any of t he non-Christ ian provinces.
usniLm
ARTICLE 79. Mixed marriages bet ween a Christ ian male and a Mohammedan or pagan f emale shall
be governed by t he general provisions of t his Tit le and not by t hose of t he last preceding art icle,
but mixed marriages bet ween a Mohammedan or pagan male and a Christ ian f emale may be
perf ormed under t he provisions of t he last preceding art icle if so desired by t he cont ract ing part ies,
subject , however, in t he lat t er case t o t he provisions of t he second paragraph of said art icle. (26)
CHAPTER 3
Void and Voidable Marriages
ARTICLE 80. The f ollowing marriages shall be void f rom t he beginning:
(1) Those cont ract ed under t he ages of sixt een and f ourt een years by t he male and f emale
respect ively, even wit h t he consent of t he parent s;
(2) Those solemnized by any person not legally aut horized t o perf orm marriages;
(3) Those solemnized wit hout a marriage license, save marriages of except ional charact er;
(4) Bigamous or polygamous marriages not f alling under art icle 83, number 2;
(5) Incest uous marriages ment ioned in art icle 81;
(6) Those where one or bot h cont ract ing part ies have been f ound guilt y of t he killing of t he
spouse of eit her of t hem;
(7) Those bet ween st epbrot hers and st epsist ers and ot her marriages specif ied in art icle 82. (n)
ARTICLE 81. Marriages bet ween t he f ollowing are incest uous and void f rom t heir perf ormance,
whet her t he relat ionship bet ween t he part ies be legit imat e or illegit imat e:
(1) Bet ween ascendant s and descendant s of any degree;
(2) Bet ween brot hers and sist ers, whet her of t he f ull or half blood;
(3) Bet ween collat eral relat ives by blood wit hin t he f ourt h civil degree. (28a)
ARTICLE 82. The f ollowing marriages shall also be void f rom t he beginning:
(1) Bet ween st epf at hers and st epdaught ers, and st epmot hers and st epsons;
(2) Bet ween t he adopt ing f at her or mot her and t he adopt ed, bet ween t he lat t er and t he surviving
spouse of t he f ormer, and bet ween t he f ormer and t he surviving spouse of t he lat t er;
(3) Bet ween t he legit imat e children of t he adopt er and t he adopt ed. (28a)
ARTICLE 83. Any marriage subsequent ly cont ract ed by any person during t he lif et ime of t he f irst
spouse of such person wit h any person ot her t han such f irst spouse shall be illegal and void f rom
it s perf ormance, unless:
(1) The f irst marriage was annulled or dissolved; or
(2) The f irst spouse had been absent f or seven consecut ive years at t he t ime of t he second
marriage wit hout t he spouse present having news of t he absent ee being alive, or if t he absent ee,
t hough he has been absent f or less t han seven years, is generally considered as dead and believed
t o be so by t he spouse present at t he t ime of cont ract ing such subsequent marriage, or if t he
absent ee is presumed dead according t o art icles 390 and 391. The marriage so cont ract ed shall be
valid in any of t he t hree cases unt il declared null and void by a compet ent court . (29a)
ARTICLE 84. No marriage license shall be issued t o a widow t ill af t er t hree hundred days f ollowing
t he deat h of her husband, unless in t he meant ime she has given birt h t o a child. (n)
ARTICLE 85. A marriage may be annulled f or any of t he f ollowing causes, exist ing at t he t ime of
t he marriage:
(1) That t he part y in whose behalf it is sought t o have t he marriage annulled was bet ween t he
ages of sixt een and t went y years, if male, or bet ween t he ages of f ourt een and eight een years, if
f emale, and t he marriage was solemnized wit hout t he consent of t he parent , guardian or person
having aut horit y over t he part y, unless af t er at t aining t he ages of t went y or eight een years, as t he
case may be, such part y f reely cohabit ed wit h t he ot her and bot h lived t oget her as husband and
wif e;
(2) In a subsequent marriage under art icle 83, number 2, t hat t he f ormer husband or wif e believed
t o be dead was in f act living and t he marriage wit h such f ormer husband or wif e was t hen in f orce;
(3) That eit her part y was of unsound mind, unless such part y, af t er coming t o reason, f reely
cohabit ed wit h t he ot her as husband or wif e;
(4) That t he consent of eit her part y was obt ained by f raud, unless such part y af t erwards, wit h f ull
knowledge of t he f act s const it ut ing t he f raud, f reely cohabit ed wit h t he ot her as her husband or
his wif e, as t he case may be;
(5) That t he consent of eit her part y was obt ained by f orce or int imidat ion, unless t he violence or
t hreat having disappeared, such part y af t erwards f reely cohabit ed wit h t he ot her as her husband
or his wif e, as t he case may be;
(6) That eit her part y was, at t he t ime of marriage, physically incapable of ent ering int o t he married
st at e, and such incapacit y cont inues, and appears t o be incurable. (30a)
ARTICLE 86. Any of t he f ollowing circumst ances shall const it ut e f raud ref erred t o in number 4 of
t he preceding art icle:
(1) Misrepresent at ion as t o t he ident it y of one of t he cont ract ing part ies;
(2) Non-disclosure of t he previous convict ion of t he ot her part y of a crime involving moral
t urpit ude, and t he penalt y imposed was imprisonment f or t wo years or more;
(3) Concealment by t he wif e of t he f act t hat at t he t ime of t he marriage, she was pregnant by a
man ot her t han her husband.
No ot her misrepresent at ion or deceit as t o charact er, rank, f ort une or chast it y shall const it ut e
such f raud as will give grounds f or act ion f or t he annulment of marriage. (n)
ARTICLE 87. The act ion f or annulment of marriage must be commenced by t he part ies and wit hin
t he periods as f ollows:
(1) For causes ment ioned in number 1 of art icle 85, by t he part y whose parent or guardian did not
give his or her consent , wit hin f our years af t er at t aining t he age of t went y or eight een years, as
t he case may be; or by t he parent or guardian or person having legal charge, at any t ime bef ore
such part y has arrived at t he age of t went y or eight een years;
(2) For causes ment ioned in number 2 of art icle 85, by t he spouse who has been absent , during his
or her lif et ime; or by eit her spouse of t he subsequent marriage during t he lif et ime of t he ot her;
(3) For causes ment ioned in number 3 of art icle 85, by t he sane spouse, who had no knowledge of
t he ot hers insanit y; or by any relat ive or guardian of t he part y of unsound mind, at any t ime bef ore
t he deat h of eit her part y;
(4) For causes ment ioned in number 4, by t he injured part y, wit hin f our years af t er t he discovery of
t he f raud;
(5) For causes ment ioned in number 5, by t he injured part y, wit hin f our years f rom t he t ime t he
f orce or int imidat ion ceased;
(6) For causes ment ioned in number 6, by t he injured part y, wit hin eight years af t er t he marriage.
(31a)
ARTICLE 88. No judgment annulling a marriage shall be promulgat ed upon a st ipulat ion of f act s or
by conf ession of judgment .
In case of non-appearance of t he def endant , t he provisions of art icle 101, paragraph 2, shall be
observed. (n)
ARTICLE 89. Children conceived or born of marriages which are void f rom t he beginning shall have
t he same st at us, right s and obligat ions as acknowledged nat ural children, and are called nat ural
children by legal f ict ion.
Children conceived of voidable marriages bef ore t he decree of annulment shall be considered as
legit imat e; and children conceived t hereaf t er shall have t he same st at us, right s and obligat ions as
acknowledged nat ural children, and are also called nat ural children by legal f ict ion. (n)
ARTICLE 90. When a marriage is annulled, t he court shall award t he cust ody of t he children as it
may deem best , and make provision f or t heir educat ion and support . At t orneys f ees and
expenses incurred in t he lit igat ion shall be charged t o t he conjugal part nership propert y, unless t he
act ion f ails. (33a)
ARTICLE 91. Damages may be awarded in t he f ollowing cases when t he marriage is judicially
annulled or declared void f rom t he beginning:
(1) If t here has been f raud, f orce or int imidat ion in obt aining t he consent of one of t he cont ract ing
part ies;
(2) If eit her part y was, at t he t ime of t he marriage, physically incapable of ent ering int o t he married
st at e, and t he ot her part y was unaware t hereof ;
(3) If t he person solemnizing t he marriage was not legally aut horized t o perf orm marriages, and
t hat f act was known t o one of t he cont ract ing part ies, but he or she concealed it f rom t he ot her;
(4) If a bigamous or polygamous marriage was celebrat ed, and t he impediment was concealed
f rom t he plaint if f by t he part y disqualif ied;
(5) If in an incest uous marriage, or a marriage bet ween a st epbrot her and a st epsist er or ot her
marriage prohibit ed by art icle 82, t he relat ionship was known t o only one of t he cont ract ing part ies
but was not disclosed t o t he ot her;
(6) If one part y was insane and t he ot her was aware t hereof at t he t ime of t he marriage. (n)
CHAPTER 4
Aut horit y t o Solemnize Marriages
ARTICLE 92. Every priest , or minist er, or rabbi aut horized by his denominat ion, church, sect , or
religion t o solemnize marriage shall send t o t he proper government of f ice a sworn st at ement
set t ing f ort h his f ull name and domicile, and t hat he is aut horized by his denominat ion, church,
sect , or religion t o solemnize marriage, at t aching t o said st at ement a cert if ied copy of his
appoint ment . The direct or of t he proper government of f ice, upon receiving such sworn st at ement
cont aining t he inf ormat ion required, and being sat isf ied t hat t he denominat ion, church, sect , or
religion of t he applicant operat es in t he Philippines, shall record t he name of such priest or minist er
in a suit able regist er and issue t o him an aut horizat ion t o solemnize marriage. Said priest or
minist er or rabbi shall be obliged t o exhibit his aut horizat ion t o t he cont ract ing part ies, t o t heir
parent s, grandparent s, guardians, or persons in charge demanding t he same. No priest or minist er
not having t he required aut horizat ion may solemnize marriage. (34a)
ARTICLE 93. Freedom of religion shall be observed by public of f icials in t he issuance of
aut horizat ion t o solemnize marriages. Consequent ly, no public of f icial shall at t empt t o inquire int o
t he t rut h or validit y of any religious doct rine held by t he applicant or by his church. (n)
ARTICLE 94. The public of f icial in charge of regist rat ion of priest s and minist ers shall cancel t he
aut horizat ion issued t o a bishop, head, priest , rabbi, past or or minist er of t he gospel of any
denominat ion, church, sect , or religion, on his own init iat ive or at t he request of any int erest ed
part y, upon showing t hat t he church, sect or religion whose minist ers have been aut horized t o
solemnize marriage is no longer in operat ion. The cancellat ion of t he aut horizat ion grant ed t o a
priest , past or or minist er shall likewise be ordered upon t he request of t he bishop, head, or lawf ul
aut horit ies of t he denominat ion, church, sect or religion t o which he belongs. (35a)
ARTICLE 95. The public of f icial in charge of regist rat ion of priest s and minist ers, wit h t he approval
of t he proper head of Depart ment , is hereby aut horized t o prepare t he necessary f orms and t o
promulgat e regulat ions f or t he purpose of enf orcing t he provisions of t his Tit le. Said of f icial may
also by regulat ions f ix and collect f ees f or t he aut horizat ion of priest s and minist ers t o solemnize
marriages. (36a)
ARTICLE 96. The exist ing laws which punish act s or omissions concerning t he marriage license,
solemnizat ion of marriage, aut horit y t o solemnize marriages, and ot her act s or omissions relat ive
t o t he celebrat ion of marriage shall remain and cont inue t o be in f orce. (n)
TITLE IV
Legal Separat ion
ARTICLE 97. A pet it ion f or legal separat ion may be f iled:
(1) For adult ery on t he part of t he wif e and f or concubinage on t he part of t he husband as def ined
in t he Penal Code; or
(2) An at t empt by one spouse against t he lif e of t he ot her. (n)
ARTICLE 98. In every case t he court must t ake st eps, bef ore grant ing t he legal separat ion, t oward
t he reconciliat ion of t he spouses, and must be f ully sat isf ied t hat such reconciliat ion is highly
improbable. (n)
ARTICLE 99. No person shall be ent it led t o a legal separat ion who has not resided in t he
Philippines f or one year prior t o t he f iling of t he pet it ion, unless t he cause f or t he legal separat ion
has t aken place wit hin t he t errit ory of t his Republic. (Sec. 2a, Act No. 2710).
ARTICLE 100. The legal separat ion may be claimed only by t he innocent spouse, provided t here
has been no condonat ion of or consent t o t he adult ery or concubinage. Where bot h spouses are
of f enders, a legal separat ion cannot be claimed by eit her of t hem. Collusion bet ween t he part ies
t o obt ain legal separat ion shall cause t he dismissal of t he pet it ion. (3a, Act No. 2710)
ARTICLE 101. No decree of legal separat ion shall be promulgat ed upon a st ipulat ion of f act s or by
conf ession of judgment .
In case of non-appearance of t he def endant , t he court shall order t he prosecut ing at t orney t o
inquire whet her or not a collusion bet ween t he part ies exist s. If t here is no collusion, t he
prosecut ing at t orney shall int ervene f or t he St at e in order t o t ake care t hat t he evidence f or t he
plaint if f is not f abricat ed. (n)
ARTICLE 102. An act ion f or legal separat ion cannot be f iled except wit hin one year f rom and af t er
t he dat e on which t he plaint if f became cognizant of t he cause and wit hin f ive years f rom and af t er
t he dat e when such cause occurred. (4a, Act 2710)
ARTICLE 103. An act ion f or legal separat ion shall in no case be t ried bef ore six mont hs shall have
elapsed since t he f iling of t he pet it ion. (5a, Act 2710)
ARTICLE 104. Af t er t he f iling of t he pet it ion f or legal separat ion, t he spouses shall be ent it led t o
live separat ely f rom each ot her and manage t heir respect ive propert y.
The husband shall cont inue t o manage t he conjugal part nership propert y but if t he court deems it
proper, it may appoint anot her t o manage said propert y, in which case t he administ rat or shall have
t he same right s and dut ies as a guardian and shall not be allowed t o dispose of t he income or of
t he capit al except in accordance wit h t he orders of t he court . (6, Act 2710)
ARTICLE 105. During t he pendency of legal separat ion proceedings t he court shall make provision
f or t he care of t he minor children in accordance wit h t he circumst ances, and may order t he
conjugal part nership propert y or t he income t heref rom t o be set aside f or t heir support ; and in
def ault t hereof said minor children shall be cared f or in conf ormit y wit h t he provisions of t his Code;
but t he Court shall abst ain f rom making any order in t his respect in case t he parent s have by
mut ual agreement , made provision f or t he care of said minor children and t hese are, in t he
judgment of t he court , well cared f or. (7a, Act 2710)
ARTICLE 106. The decree of legal separat ion shall have t he f ollowing ef f ect s:
(1) The spouses shall be ent it led t o live separat ely f rom each ot her, but t he marriage bonds shall
not be severed;
(2) The conjugal part nership of gains or t he absolut e conjugal communit y of propert y shall be
dissolved and liquidat ed, but t he of f ending spouse shall have no right t o any share of t he prof it s
earned by t he part nership or communit y, wit hout prejudice t o t he provisions of art icle 176;
(3) The cust ody of t he minor children shall be awarded t o t he innocent spouse, unless ot herwise
direct ed by t he court in t he int erest of said minors, f or whom said court may appoint a guardian;
(4) The of f ending spouse shall be disqualif ied f rom inherit ing f rom t he innocent spouse by
int est at e succession. Moreover, provisions in f avor of t he of f ending spouse made in t he will of t he
innocent one shall be revoked by operat ion of law. (n)
ARTICLE 107. The innocent spouse, af t er a decree of legal separat ion has been grant ed, may
revoke t he donat ions by reason of marriage made by him or by her t o t he of f ending spouse.
Alienat ions and mort gages made bef ore t he not at ion of t he complaint f or revocat ion in t he
Regist ry of Propert y shall be valid.
This act ion lapses af t er f our years f ollowing t he dat e t he decree became f inal. (n)
ARTICLE 108. Reconciliat ion st ops t he proceedings f or legal separat ion and rescinds t he decree of
legal separat ion already rendered.
The revival of t he conjugal part nership of gains or of t he absolut e conjugal communit y of propert y
shall be governed by art icle 195. (10a, Act 2710)
TITLE V
Right s and Obligat ions Bet ween Husband and Wif e
ARTICLE 109. The husband and wif e are obliged t o live t oget her, observe mut ual respect and
f idelit y, and render mut ual help and support . (56a)
ARTICLE 110. The husband shall f ix t he residence of t he f amily. But t he court may exempt t he wif e
f rom living wit h t he husband if he should live abroad unless in t he service of t he Republic. (58a)
ARTICLE 111. The husband is responsible f or t he support of t he wif e and t he rest of t he f amily.
These expenses shall be met f irst f rom t he conjugal propert y, t hen f rom t he husbands capit al, and
last ly f rom t he wif es paraphernal propert y. In case t here is a separat ion of propert y, by st ipulat ion
in t he marriage set t lement s, t he husband and wif e shall cont ribut e proport ionat ely t o t he f amily
expenses. (n)
ARTICLE 112. The husband is t he administ rat or of t he conjugal propert y, unless t here is a
st ipulat ion in t he marriage set t lement s conf erring t he administ rat ion upon t he wif e. She may also
administ er t he conjugal part nership in ot her cases specif ied in t his Code. (n)
ARTICLE 113. The husband must be joined in all suit s by or against t he wif e, except :
(1) When t hey are judicially separat ed;
(2) If t hey have in f act been separat ed f or at least one year;
(3) When t here is a separat ion of propert y agreed upon in t he marriage set t lement s;
(4) If t he administ rat ion of all t he propert y in t he marriage has been t ransf erred t o her, in
accordance wit h art icles 196 and 197;
(5) When t he lit igat ion is bet ween t he husband and wif e;
(6) If t he suit concerns her paraphernal propert y;
(7) When t he act ion is upon t he civil liabilit y arising f rom a criminal of f ense;
(8) If t he lit igat ion is incident al t o t he prof ession, occupat ion or business in which she is engaged;
(9) In any civil act ion ref erred t o in art icles 25 t o 35; and
(10) In an act ion upon a quasi-delict .
In t he cases ment ioned in Nos. 7 t o 10, t he husband must be joined as a part y def endant if t he
t hird paragraph of art icle 163 is applicable. (n)
ARTICLE 114. The wif e cannot , wit hout t he husbands consent , acquire any propert y by grat uit ous
t it le, except f rom her ascendant s, descendant s, parent s-in-law, and collat eral relat ives wit hin t he
f ourt h degree. (n)
ARTICLE 115. The wif e manages t he af f airs of t he household. She may purchase t hings necessary
f or t he support of t he f amily, and t he conjugal part nership shall be bound t hereby. She may borrow
money f or t his purpose, if t he husband f ails t o deliver t he proper sum. The purchase of jewelry and
precious object s is voidable, unless t he t ransact ion has been expressly or t acit ly approved by t he
husband, or unless t he price paid is f rom her paraphernal propert y. (62a)
ARTICLE 116. When one of t he spouses neglect s his or her dut ies t o t he conjugal union or brings
danger, dishonor or mat erial injury upon t he ot her, t he injured part y may apply t o t he court f or
relief .
The court may counsel t he of f ender t o comply wit h his or her dut ies, and t ake such measures as
may be proper. (n)
ARTICLE 117. The wif e may exercise any prof ession or occupat ion or engage in business.
However, t he husband may object , provided:
(1) His income is suf f icient f or t he f amily, according t o it s social st anding, and
(2) His opposit ion is f ounded on serious and valid grounds.
In case of disagreement on t his quest ion, t he parent s and grandparent s as well as t he f amily
council, if any, shall be consult ed. If no agreement is st ill arrived at , t he court will decide what ever
may be proper and in t he best int erest of t he f amily. (n)
TITLE VI
Propert y Relat ions Bet ween Husband and Wif e
CHAPTER 1
General Provisions
ARTICLE 118. The propert y relat ions bet ween husband and wif e shall be governed in t he f ollowing
order:
(1) By cont ract execut ed bef ore t he marriage;
(2) By t he provisions of t his Code; and
(3) By cust om. (1315a)
ARTICLE 119. The f ut ure spouses may in t he marriage set t lement s agree upon absolut e or relat ive
communit y of propert y, or upon complet e separat ion of propert y, or upon any ot her regime. In t he
absence of marriage set t lement s, or when t he same are void, t he syst em of relat ive communit y or
conjugal part nership of gains as est ablished in t his Code, shall govern t he propert y relat ions
bet ween husband and wif e. (n)
ARTICLE 120. A minor who according t o law may cont ract marriage, may also execut e his or her
marriage set t lement s; but t hey shall be valid only if t he persons designat ed by law t o give consent
t o t he marriage of t he minor t ake part in t he ant e-nupt ial agreement . In t he absence of t he parent s
or of a guardian, t he consent t o t he marriage set t lement s will be given by t he f amily council.
(1318a)
ARTICLE 121. In order t hat any modif icat ion in t he marriage set t lement s may be valid, it must be
made bef ore t he celebrat ion of t he marriage, subject t o t he provisions of Art . 191. (1319a)
ARTICLE 122. The marriage set t lement s and any modif icat ion t hereof shall be governed by t he
St at ut e of Frauds, and execut ed bef ore t he celebrat ion of t he marriage. They shall not prejudice
t hird persons unless t hey are recorded in t he Regist ry of Propert y. (1321a)
ARTICLE 123. For t he validit y of marriage set t lement s execut ed by any person upon whom a
sent ence of civil int erdict ion has been pronounced, t he presence and part icipat ion of t he guardian
shall be indispensable, who f or t his purpose shall be designat ed by a compet ent court , in
accordance wit h t he provisions of t he Rules of Court . (1323a)
ARTICLE 124. If t he marriage is bet ween a cit izen of t he Philippines and a f oreigner, whet her
celebrat ed in t he Philippines or abroad, t he f ollowing rules shall prevail:
(1) If t he husband is a cit izen of t he Philippines while t he wif e is a f oreigner, t he provisions of t his
Code shall govern t heir propert y relat ions;
(2) If t he husband is a f oreigner and t he wif e is a cit izen of t he Philippines, t he laws of t he
husbands count ry shall be f ollowed, wit hout prejudice t o t he provisions of t his Code wit h regard
t o immovable propert y. (1325a)
ARTICLE 125. Everyt hing st ipulat ed in t he set t lement s or cont ract s ref erred t o in t he preceding
art icles in considerat ion of a f ut ure marriage shall be rendered void and wit hout ef f ect what ever, if
t he marriage should not t ake place. However, t hose st ipulat ions t hat do not depend upon t he
celebrat ion of t he marriage shall be valid. (1326a)
CHAPTER 2
Donat ions by Reason of Marriage
ARTICLE 126. Donat ions by reason of marriage are t hose which are made bef ore it s celebrat ion, in
considerat ion of t he same and in f avor of one or bot h of t he f ut ure spouses. (1327)
ARTICLE 127. These donat ions are governed by t he rules on ordinary donat ions est ablished in
Tit le III of Book III, except as t o t heir f orm which shall be regulat ed by t he St at ut e of Frauds; and
insof ar as t hey are not modif ied by t he f ollowing art icles. (1328a)
ARTICLE 128. Minors may make and receive donat ions in t heir ant e-nupt ial cont ract , provided t hey
are aut horized by t he persons who are t o give t heir consent t o t he marriage of said minors.
(1329a)
ARTICLE 129. Express accept ance is not necessary f or t he validit y of t hese donat ions. (1330)
ARTICLE 130. The f ut ure spouses may give each ot her in t heir marriage set t lement s as much as
one-f if t h of t heir present propert y, and wit h respect t o t heir f ut ure propert y, only in t he event of
deat h, t o t he ext ent laid down by t he provisions of t his Code ref erring t o t est ament ary
succession. (1331a)
ARTICLE 131. The donor by reason of marriage shall release t he propert y donat ed f rom
mort gages and all ot her encumbrances upon t he same, wit h t he except ion of easement s, unless in
t he marriage set t lement s or in t he cont ract s t he cont rary has been st ipulat ed. (1332a)
ARTICLE 132. A donat ion by reason of marriage is not revocable, save in t he f ollowing cases:
(1) If it is condit ional and t he condit ion is not complied wit h;
(2) If t he marriage is not celebrat ed;
(3) When t he marriage t akes place wit hout t he consent of t he parent s or guardian, as required by
law;
(4) When t he marriage is annulled, and t he donee act ed in bad f ait h;
(5) Upon legal separat ion, t he donee being t he guilt y spouse;
(6) When t he donee has commit t ed an act of ingrat it ude as specif ied by t he provisions of t his
Code on donat ions in general. (1333a)
ARTICLE 133. Every donat ion bet ween t he spouses during t he marriage shall be void. This
prohibit ion does not apply when t he donat ion t akes ef f ect af t er t he deat h of t he donor.
Neit her does t his prohibit ion apply t o moderat e gif t s which t he spouses may give each ot her on
t he occasion of any f amily rejoicing. (1334a)
ARTICLE 134. Donat ions during t he marriage by one of t he spouses t o t he children whom t he
ot her spouse had by anot her marriage, or t o persons of whom t he ot her spouse is a presumpt ive
heir at t he t ime of t he donat ion are voidable, at t he inst ance of t he donors heirs af t er his deat h.
(1335a)
CHAPTER 3
Paraphernal Propert y
ARTICLE 135. All propert y brought by t he wif e t o t he marriage, as well as all propert y she acquires
during t he marriage, in accordance wit h art icle 148, is paraphernal. (1381a)
ARTICLE 136. The wif e ret ains t he ownership of t he paraphernal propert y. (1382)
ARTICLE 137. The wif e shall have t he administ rat ion of t he paraphernal propert y, unless she
delivers t he same t o t he husband by means of a public inst rument empowering him t o administ er it .
In t his case, t he public inst rument shall be recorded in t he Regist ry of Propert y. As f or t he
movables, t he husband shall give adequat e securit y. (1384a)
ARTICLE 138. The f ruit s of t he paraphernal propert y f orm part of t he asset s of t he conjugal
part nership, and shall be subject t o t he payment of t he expenses of t he marriage.
The propert y it self shall also be subject t o t he daily expenses of t he f amily, if t he propert y of t he
conjugal part nership and t he husbands capit al are not suf f icient t heref or. (1385a)
ARTICLE 139. The personal obligat ions of t he husband can not be enf orced against t he f ruit s of
t he paraphernal propert y, unless it be proved t hat t hey redounded t o t he benef it of t he f amily.
(1386)
ARTICLE 140. A married woman of age may mort gage, encumber, alienat e or ot herwise dispose of
her paraphernal propert y, wit hout t he permission of t he husband, and appear alone in court t o
lit igat e wit h regard t o t he same. (n)
ARTICLE 141. The alienat ion of any paraphernal propert y administ ered by t he husband gives a
right t o t he wif e t o require t he const it ut ion of a mort gage or any ot her securit y f or t he amount of
t he price which t he husband may have received. (1390a)
CHAPTER 4
Conjugal Part nership of Gains
SECTION 1
General Provisions
ARTICLE 142. By means of t he conjugal part nership of gains, t he husband and wif e place in a
common f und t he f ruit s of t heir separat e propert y and t he income f rom t heir work or indust ry, and
divide equally, upon t he dissolut ion of t he marriage or of t he part nership, t he net gains or benef it s
obt ained indiscriminat ely by eit her spouse during t he marriage. (1392a)
ARTICLE 143. All propert y of t he conjugal part nership of gains is owned in common by t he
husband and wif e. (n)
ARTICLE 144. When a man and a woman live t oget her as husband and wif e, but t hey are not
married, or t heir marriage is void f rom t he beginning, t he propert y acquired by eit her or bot h of
t hem t hrough t heir work or indust ry or t heir wages and salaries shall be governed by t he rules on
co-ownership. (n) PaEeui
ARTICLE 145. The conjugal part nership shall commence precisely on t he dat e of t he celebrat ion of
t he marriage. Any st ipulat ion t o t he cont rary shall be void. (1393)
ARTICLE 146. Waiver of t he gains or of t he ef f ect s of t his part nership during marriage cannot be
made except in case of judicial separat ion.
When t he waiver t akes place by reason of separat ion, or af t er t he marriage has been dissolved or
annulled, t he same shall appear in a public inst rument , and t he credit ors shall have t he right which
art icle 1052 grant s t hem. (1394a)
ARTICLE 147. The conjugal part nership shall be governed by t he rules on t he cont ract of
part nership in all t hat is not in conf lict wit h what is expressly det ermined in t his Chapt er. (1395)
SECTION 2
Exclusive Propert y of Each Spouse
ARTICLE 148. The f ollowing shall be t he exclusive propert y of each spouse:
(1) That which is brought t o t he marriage as his or her own;
(2) That which each acquires, during t he marriage, by lucrat ive t it le;
(3) That which is acquired by right of redempt ion or by exchange wit h ot her propert y belonging t o
only one of t he spouses;
(4) That which is purchased wit h exclusive money of t he wif e or of t he husband. (1396)
ARTICLE 149. Whoever gives or promises capit al t o t he husband shall not be subject t o warrant y
against evict ion, except in case of f raud. (1397)
ARTICLE 150. Propert y donat ed or lef t by will t o t he spouses, joint ly and wit h designat ion of
det erminat e shares, shall pert ain t o t he wif e as paraphernal propert y, and t o t he husband as
capit al, in t he proport ion specif ied by t he donor or t est at or, and in t he absence of designat ion,
share and share alike, wit hout prejudice t o what is provided in art icle 753. (1398a)
ARTICLE 151. If t he donat ions are onerous, t he amount of t he charges shall be deduct ed f rom t he
paraphernal propert y or f rom t he husbands capit al, whenever t hey have been borne by t he
conjugal part nership. (1399a)
ARTICLE 152. If some credit payable in a cert ain number of years, or a lif e pension, should pert ain
t o one of t he spouses, t he provisions of art icles 156 and 157 shall be observed t o det ermine what
const it ut es t he paraphernal propert y and what f orms t he capit al of t he husband. (1400a)
SECTION 3
Conjugal Part nership Propert y
ARTICLE 153. The f ollowing are conjugal part nership propert y:
(1) That which is acquired by onerous t it le during t he marriage at t he expense of t he common
f und, whet her t he acquisit ion be f or t he part nership, or f or only one of t he spouses;
(2) That which is obt ained by t he indust ry, or work, or as salary of t he spouses, or of eit her of
t hem;
(3) The f ruit s, rent s or int erest s received or due during t he marriage, coming f rom t he common
propert y or f rom t he exclusive propert y of each spouse. (1401)
ARTICLE 154. That share of t he hidden t reasure which t he law awards t o t he f inder or t he
propriet or belongs t o t he conjugal part nership.
ARTICLE 155. Things acquired by occupat ion, such as f ishing and hunt ing, pert ain t o t he conjugal
part nership of gains. (n)
ARTICLE 156. Whenever an amount or credit payable in a cert ain number of years belongs t o one
of t he spouses, t he sums which may be collect ed by inst allment s due during t he marriage shall not
pert ain t o t he conjugal part nership, but shall be considered capit al of t he husband or of t he wif e,
as t he credit may belong t o one or t he ot her spouse. (1402)
ARTICLE 157. The right t o an annuit y, whet her perpet ual or f or lif e, and t he right of usuf ruct ,
belonging t o one of t he spouses shall f orm a part of his or her separat e propert y, but t he f ruit s,
pensions and int erest s due during t he marriage shall belong t o t he part nership.
The usuf ruct which t he spouses have over t he propert y of t heir children, t hough of anot her
marriage, shall be included in t his provision. (1403a)
ARTICLE 158. Improvement s, whet her f or ut ilit y or adornment , made on t he separat e propert y of
t he spouses t hrough advancement s f rom t he part nership or t hrough t he indust ry of eit her t he
husband or t he wif e, belong t o t he conjugal part nership.
Buildings const ruct ed, at t he expense of t he part nership, during t he marriage on land belonging t o
one of t he spouses, also pert ain t o t he part nership, but t he value of t he land shall be reimbursed
t o t he spouse who owns t he same. (1404a)
ARTICLE 159. Whenever t he paraphernal propert y or t he husbands capit al consist s, in whole or in
part , of livest ock exist ing upon t he dissolut ion of t he part nership, t he number of animals
exceeding t hat brought t o t he marriage shall be deemed t o be of t he conjugal part nership. (1405a)
ARTICLE 160. All propert y of t he marriage is presumed t o belong t o t he conjugal part nership,
unless it be proved t hat it pert ains exclusively t o t he husband or t o t he wif e. (1407)
SECTION 4
Charges Upon and Obligat ions of t he Conjugal Part nership
ARTICLE 161. The conjugal part nership shall be liable f or:
(1) All debt s and obligat ions cont ract ed by t he husband f or t he benef it of t he conjugal part nership,
and t hose cont ract ed by t he wif e, also f or t he same purpose, in t he cases where she may legally
bind t he part nership;
(2) Arrears or income due, during t he marriage, f rom obligat ions which const it ut e a charge upon
propert y of eit her spouse or of t he part nership;
(3) Minor repairs or f or mere preservat ion made during t he marriage upon t he separat e propert y of
eit her t he husband or t he wif e; major repairs shall not be charged t o t he part nership;
(4) Major or minor repairs upon t he conjugal part nership propert y;
(5) The maint enance of t he f amily and t he educat ion of t he children of bot h husband and wif e,
and of legit imat e children of one of t he spouses;
(6) Expenses t o permit t he spouses t o complet e a prof essional, vocat ional or ot her course.
(1408a)
ARTICLE 162. The value of what is donat ed or promised t o t he common children by t he husband,
only f or securing t heir f ut ure or t he f inishing of a career, or by bot h spouses t hrough a common
agreement , shall also be charged t o t he conjugal part nership, when t hey have not st ipulat ed t hat it
is t o be sat isf ied f rom t he propert y of one of t hem, in whole or in part . (1409)
ARTICLE 163. The payment of debt s cont ract ed by t he husband or t he wif e bef ore t he marriage
shall not be charged t o t he conjugal part nership.
Neit her shall t he f ines and pecuniary indemnit ies imposed upon t hem be charged t o t he
part nership.
However, t he payment of debt s cont ract ed by t he husband or t he wif e bef ore t he marriage, and
t hat of f ines and indemnit ies imposed upon t hem, may be enf orced against t he part nership asset s
af t er t he responsibilit ies enumerat ed in art icle 161 have been covered, if t he spouse who is bound
should have no exclusive propert y or if it should be insuf f icient ; but at t he t ime of t he liquidat ion of
t he part nership such spouse shall be charged f or what has been paid f or t he purposes above-
ment ioned. (1410)
ARTICLE 164. What ever may be lost during t he marriage in any kind of gambling, bet t ing or game,
whet her permit t ed or prohibit ed by law, shall be borne by t he loser, and shall not be charged t o t he
conjugal part nership. (1411a)
SECTION 5
Administ rat ion of t he Conjugal Part nership
ARTICLE 165. The husband is t he administ rat or of t he conjugal part nership. (1412a)
ARTICLE 166. Unless t he wif e has been declared a non compos ment is or a spendt hrif t , or is under
civil int erdict ion or is conf ined in a leprosarium, t he husband cannot alienat e or encumber any real
propert y of t he conjugal part nership wit hout t he wif es consent . If she ref uses unreasonably t o
give her consent , t he court may compel her t o grant t he same.
This art icle shall not apply t o propert y acquired by t he conjugal part nership bef ore t he ef f ect ive
dat e of t his Code. (1413a)
ARTICLE 167. In case of abuse of powers of administ rat ion of t he conjugal part nership propert y by
t he husband, t he court s, on pet it ion of t he wif e, may provide f or receivership, or administ rat ion by
t he wif e, or separat ion of propert y. (n)
ARTICLE 168. The wif e may, by express aut horit y of t he husband embodied in a public inst rument ,
administ er t he conjugal part nership propert y. (n)
ARTICLE 169. The wif e may also by express aut horit y of t he husband appearing in a public
inst rument , administ er t he lat t ers est at e. (n)
ARTICLE 170. The husband or t he wif e may dispose by will of his or her half of t he conjugal
part nership prof it s. (1414a)
ARTICLE 171. The husband may dispose of t he conjugal part nership propert y f or t he purposes
specif ied in art icles 161 and 162. (1415a)
ARTICLE 172. The wif e cannot bind t he conjugal part nership wit hout t he husbands consent ,
except in cases provided by law. (1416a)
ARTICLE 173. The wif e may, during t he marriage, and wit hin t en years f rom t he t ransact ion
quest ioned, ask t he court s f or t he annulment of any cont ract of t he husband ent ered int o wit hout
her consent , when such consent is required, or any act or cont ract of t he husband which t ends t o
def raud her or impair her int erest in t he conjugal part nership propert y. Should t he wif e f ail t o
exercise t his right , she or her heirs, af t er t he dissolut ion of t he marriage, may demand t he value of
propert y f raudulent ly alienat ed by t he husband. (n)
ARTICLE 174. Wit h t he except ion of moderat e donat ions f or charit y, neit her husband nor wif e can
donat e any propert y of t he conjugal part nership wit hout t he consent of t he ot her. (n)
SECTION 6
Dissolut ion of t he Conjugal Part nership
ARTICLE 175. e The conjugal part nership of gains t erminat es:
(1) Upon t he deat h of eit her spouse;
(2) When t here is a decree of legal separat ion;
(3) When t he marriage is annulled;
(4) In case of judicial separat ion of propert y under art icle 191. (1417a)
ARTICLE 176. In case of legal separat ion, t he guilt y spouse shall f orf eit his or her share of t he
conjugal part nership prof it s, which shall be awarded t o t he children of bot h, and t he children of t he
guilt y spouse had by a prior marriage. However, if t he conjugal part nership propert y came most ly or
ent irely f rom t he work or indust ry, or f rom t he wages and salaries, or f rom t he f ruit s of t he
separat e propert y of t he guilt y spouse, t his f orf eit ure shall not apply.
In case t here are no children, t he innocent spouse shall be ent it led t o all t he net prof it s. (n)
ARTICLE 177. In case of annulment of t he marriage, t he spouse who act ed in bad f ait h or gave
cause f or annulment shall f orf eit his or her share of t he conjugal part nership prof it s. The
provisions of t he preceding art icle shall govern. (n)
ARTICLE 178. The separat ion in f act bet ween husband and wif e wit hout judicial approval, shall not
af f ect t he conjugal part nership, except t hat :
(1) The spouse who leaves t he conjugal home or ref uses t o live t herein, wit hout just cause, shall
not have a right t o be support ed;
(2) When t he consent of one spouse t o any t ransact ion of t he ot her is required by law, judicial
aut horizat ion shall be necessary;
(3) If t he husband has abandoned t he wif e wit hout just cause f or at least one year, she may
pet it ion t he court f or a receivership, or administ rat ion by her of t he conjugal part nership propert y,
or separat ion of propert y. (n)
SECTION 7
Liquidat ion of t he Conjugal Part nership
ARTICLE 179. uUpon t he dissolut ion of t he conjugal part nership, an invent ory shall be f ormed, but
such invent ory shall not be necessary:
(1) If , af t er t he dissolut ion of t he part nership, one of t he spouses should have renounced it s
ef f ect s and consequences in due t ime; or
(2) When separat ion of propert y has preceded t he dissolut ion of t he part nership. (1418a)
ARTICLE 180. The bed and bedding which t he spouses ordinarily use shall not be included in t he
invent ory. These ef f ect s, as well as t he clot hing f or t heir ordinary use, shall be delivered t o t he
surviving spouse. (1420)
ARTICLE 181. The invent ory having been complet ed, t he paraphernal propert y shall f irst be paid.
Then, t he debt s and charges against t he conjugal part nership shall be paid. (1422a)
ARTICLE 182. The debt s, charges and obligat ions of t he conjugal part nership having been paid,
t he capit al of t he husband shall be liquidat ed and paid t o t he amount of t he propert y invent oried.
(1423a)
ARTICLE 183. The deduct ions f rom t he invent oried propert y having been made as provided in t he
t wo preceding art icles, t he remainder of said propert y shall const it ut e t he credit of t he conjugal
part nership. (1424)
ARTICLE 184. The loss or det eriorat ion of t he movables belonging t o eit her spouse, alt hough
t hrough f ort uit ous event , shall be paid f rom t he conjugal part nership of gains, should t here be any.
Those suf f ered by real propert y shall not be reimbursable in any case, except t hose on
paraphernal propert y administ ered by t he husband, when t he losses were due t o his f ault . He shall
pay f or t he same. (1425a)
ARTICLE 185. The net remainder of t he conjugal part nership of gains shall be divided equally
bet ween t he husband and t he wif e or t heir respect ive heirs, unless a dif f erent basis of division was
agreed upon in t he marriage set t lement s. (1426a)
ARTICLE 186. The mourning apparel of t he widow shall be paid f or out of t he est at e of t he
deceased husband. (1427a)
ARTICLE 187. Wit h regard t o t he f ormat ion of t he invent ory, rules f or appraisal and sale of
propert y of t he conjugal part nership, and ot her mat t ers which are not expressly det ermined in t he
present Chapt er, t he Rules of Court on t he administ rat ion of est at es of deceased persons shall
be observed. (1428a)
ARTICLE 188. From t he common mass of propert y support shall be given t o t he surviving spouse
and t o t he children during t he liquidat ion of t he invent oried propert y and unt il what belongs t o
t hem is delivered; but f rom t his shall be deduct ed t hat amount received f or support which exceeds
t he f ruit s or rent s pert aining t o t hem. (1430)
ARTICLE 189. Whenever t he liquidat ion of t he part nership of t wo or more marriages cont ract ed by
t he same person should be carried out at t he same t ime, in order t o det ermine t he capit al of each
part nership all kinds of proof in t he absence of invent ories shall be admit t ed; and in case of doubt ,
t he part nership propert y shall be divided bet ween t he dif f erent part nerships in proport ion t o t he
durat ion of each and t o t he propert y belonging t o t he respect ive spouses. (1431)
CHAPTER 5
Separat ion of Propert y of t he Spouses and Administ rat ion of Propert y by t he Wif e During t he
Marriage
ARTICLE 190. In t he absence of an express declarat ion in t he marriage set t lement s, t he separat ion
of propert y bet ween spouses during t he marriage shall not t ake place save in virt ue of a judicial
order. (1432a)
ARTICLE 191. The husband or t he wif e may ask f or t he separat ion of propert y, and it shall be
decreed when t he spouse of t he pet it ioner has been sent enced t o a penalt y which carries wit h it
civil int erdict ion, or has been declared absent , or when legal separat ion has been grant ed.
In case of abuse of powers of administ rat ion of t he conjugal part nership propert y by t he husband,
or in case of abandonment by t he husband, separat ion of propert y may also be ordered by t he
court , according t o t he provisions of art icles 167 and 178, No. 3.
In all t hese cases, it is suf f icient t o present t he f inal judgment which has been ent ered against t he
guilt y or absent spouse. (1433a)
The husband and t he wif e may agree upon t he dissolut ion of t he conjugal part nership during t he
marriage, subject t o judicial approval. All t he credit ors of t he husband and of t he wif e, as well as of
t he conjugal part nership, shall be not if ied of any pet it ion f or judicial approval of t he volunt ary
dissolut ion of t he conjugal part nership, so t hat any such credit ors may appear at t he hearing t o
saf eguard his int erest s. Upon approval of t he pet it ion f or dissolut ion of t he conjugal part nership,
t he court shall t ake such measures as may prot ect t he credit ors and ot her t hird persons.
Af t er dissolut ion of t he conjugal part nership, t he provisions of art icles 214 and 215 shall apply. The
provisions of t his Code concerning t he ef f ect of part it ion st at ed in art icles 498 t o 501 shall be
applicable. (1433a)
ARTICLE 192. Once t he separat ion of propert y has been ordered, t he conjugal part nership shall be
dissolved, and it s liquidat ion shall be made in conf ormit y wit h what has been est ablished by t his
Code.
However, wit hout prejudice t o t he provisions of art icle 292, t he husband and t he wif e shall be
reciprocally liable f or t heir support during t he separat ion, and f or t he support and educat ion of
t heir children; all in proport ion t o t heir respect ive propert y.
The share of t he spouse who is under civil int erdict ion or absent shall be administ ered in
accordance wit h t he Rules of Court . (1434a)
ARTICLE 193. The complaint f or separat ion and t he f inal judgment declaring t he same, shall be
not ed and recorded in t he proper regist ers of propert y, if t he judgment should ref er t o immovable
propert y. (1437)
ARTICLE 194. The separat ion of propert y shall not prejudice t he right s previously acquired by
credit ors. (1438)
ARTICLE 195. The separat ion of propert y ceases:
(1) Upon reconciliat ion of t he spouses, in case of legal separat ion;
(2) When t he civil int erdict ion t erminat es;
(3) When t he absent spouse appears;
(4) When t he court , at t he inst ance of t he wif e, aut horizes t he husband t o resume t he
administ rat ion of t he conjugal part nership, t he court being sat isf ied t hat t he husband will not again
abuse his powers as an administ rat or;
(5) When t he husband, who has abandoned t he wif e, rejoins her.
In t he above cases, t he propert y relat ions bet ween t he spouses shall be governed by t he same
rules as bef ore t he separat ion, wit hout prejudice t o t he act s and cont ract s legally execut ed during
t he separat ion.
The spouses shall st at e, in a public document , all t he propert y which t hey ret urn t o t he marriage
and which shall const it ut e t he separat e propert y of each.
This public document shall be recorded in t he Regist ry of Propert y.
In t he cases ref erred t o in t his art icle, all t he propert y brought in shall be deemed t o be newly
cont ribut ed, even t hough all or some may be t he same which exist ed bef ore t he liquidat ion
ef f ect ed by reason of t he separat ion. (1439a)
ARTICLE 196. Wit h t he conjugal part nership subsist ing, t he administ rat ion of all classes of
propert y in t he marriage may be t ransf erred by t he court s t o t he wif e:
(1) When she becomes t he guardian of her husband;
(2) When she asks f or t he declarat ion of his absence;
(3) In case of civil int erdict ion of t he husband.
The court s may also conf er t he administ rat ion t o t he wif e, wit h such limit at ions as t hey may deem
advisable, if t he husband should become a f ugit ive f rom just ice or be in hiding as a def endant in a
criminal case, or if , being absolut ely unable t o administ er, he should have f ailed t o provide f or
administ rat ion. (1441a)
ARTICLE 197. The wif e t o whom t he administ rat ion of all t he propert y of t he marriage is
t ransf erred shall have, wit h respect t o said propert y, t he same powers and responsibilit y which t he
husband has when he is t he administ rat or, but always subject t o t he provisions of t he last
paragraph of t he preceding art icle. (1442a)
CHAPTER 6
Syst em of Absolut e Communit y (n)
ARTICLE 198. In case t he f ut ure spouses agree in t he marriage set t lement s t hat t he syst em of
absolut e communit y shall govern t heir propert y relat ions during marriage, t he f ollowing provisions
shall be of supplement ary applicat ion. IdsaPs
ARTICLE 199. In t he absence of st ipulat ion t o t he cont rary, t he communit y shall consist of all
present and f ut ure propert y of t he spouses not except ed by law.
ARTICLE 200. Neit her spouse may renounce any inherit ance wit hout t he consent of t he ot her. In
case of conf lict , t he court shall decide t he quest ion, af t er consult ing t he f amily council, if t here is
any.
ARTICLE 201. The f ollowing shall be excluded f rom t he communit y: iimmso
(1) Propert y acquired by grat uit ous t it le by eit her spouse, when it is provided by t he donor or
t est at or t hat it shall not become a part of t he communit y;
(2) Propert y inherit ed by eit her husband or wif e t hrough t he deat h of a child by a f ormer marriage,
t here being brot hers or sist ers of t he f ull blood of t he deceased child;
(3) A port ion of t he propert y of eit her spouse equivalent t o t he presumpt ive legit ime of t he
children by a f ormer marriage;
(4) Personal belongings of eit her spouse.
However, all t he f ruit s and income of t he f oregoing classes of propert y shall be included in t he
communit y.
ARTICLE 202. Ant enupt ial debt s of eit her spouse shall not be paid f rom t he communit y, unless t he
same have redounded t o t he benef it of t he f amily.
ARTICLE 203. Debt s cont ract ed by bot h spouses or by one of t hem wit h t he consent of t he ot her
shall be paid f rom t he communit y. If t he common propert y is insuf f icient t o cover common debt s,
t he same may be enf orced against t he separat e propert y of t he spouses, who shall be equally
liable.
ARTICLE 204. Debt s cont ract ed by eit her spouse wit hout t he consent of t he ot her shall be
chargeable against t he communit y t o t he ext ent t hat t he f amily may have been benef it ed t hereby.
ARTICLE 205. Indemnit ies t hat must be paid by eit her spouse on account of a crime or of a quasi-
delict shall be paid f rom t he common asset s, wit hout any obligat ion t o make reimbursement .
ARTICLE 206. The ownership, administ rat ion, possession and enjoyment of t he common propert y
belong t o bot h spouses joint ly. In case of disagreement , t he court s shall set t le t he dif f icult y.
ARTICLE 207. Neit her spouse may alienat e or encumber any common propert y wit hout t he
consent of t he ot her. In case of unjust if iable ref usal by t he ot her spouse, t he court s may grant t he
necessary consent .
ARTICLE 208. The absolut e communit y of propert y shall be dissolved on any of t he grounds
specif ied in art icle 175.
ARTICLE 209. When t here is a separat ion in f act bet ween husband and wif e, wit hout judicial
approval, t he provisions of art icle 178 shall apply.
ARTICLE 210. Upon t he dissolut ion and liquidat ion of t he communit y, t he net asset s shall be
divided equally bet ween t he husband and t he wif e or t heir heirs. In case of legal separat ion or
annulment of marriage, t he provisions of art icles 176 and 177 shall apply t o t he net prof it s
acquired during t he marriage.
ARTICLE 211. Liquidat ion of t he absolut e communit y shall be governed by t he Rules of Court on
t he administ rat ion of t he est at e of deceased persons.
CHAPTER 7
Syst em of Complet e Separat ion of Propert y (n)
ARTICLE 212. Should t he f ut ure spouses agree in t he marriage set t lement s t hat t heir propert y
relat ions during marriage shall be based upon t he syst em of complet e separat ion of propert y, t he
f ollowing provisions shall supplement t he marriage set t lement s.
ARTICLE 213. Separat ion of propert y may ref er t o present or f ut ure propert y or bot h. It may be
t ot al or part ial. In t he lat t er case, t he propert y not agreed upon as separat e shall pert ain t o t he
conjugal part nership of gains.
ARTICLE 214. Each spouse shall own, dispose of , possess, administ er and enjoy his or her own
separat e est at e, wit hout t he consent of t he ot her. All earnings f rom any prof ession, business or
indust ry shall likewise belong t o each spouse.
ARTICLE 215. Each spouse shall proport ionat ely bear t he f amily expenses.
TITLE VII
The Family (n)
CHAPTER 1
The Family as an Inst it ut ion
ARTICLE 216. The f amily is a basic social inst it ut ion which public policy cherishes and prot ect s.
ARTICLE 217. Family relat ions shall include t hose:
(1) Bet ween husband and wif e;
(2) Bet ween parent and child;
(3) Among ot her ascendant s and t heir descendant s;
(4) Among brot hers and sist ers.
ARTICLE 218. The law governs f amily relat ions. No cust om, pract ice or agreement which is
dest ruct ive of t he f amily shall be recognized or given any ef f ect .
ARTICLE 219. Mut ual aid, bot h moral and mat erial, shall be rendered among members of t he same
f amily. Judicial and administ rat ive of f icials shall f ost er t his mut ual assist ance.
ARTICLE 220. In case of doubt , all presumpt ions f avor t he solidarit y of t he f amily. Thus, every
int endment of law or f act leans t oward t he validit y of marriage, t he indissolubilit y of t he marriage
bonds, t he legit imacy of children, t he communit y of propert y during marriage, t he aut horit y of
parent s over t heir children, and t he validit y of def ense f or any member of t he f amily in case of
unlawf ul aggression.
ARTICLE 221. The f ollowing shall be void and of no ef f ect :
(1) Any cont ract f or personal separat ion bet ween husband and wif e;
(2) Every ext ra-judicial agreement , during marriage, f or t he dissolut ion of t he conjugal part nership
of gains or of t he absolut e communit y of propert y bet ween husband and wif e;
(3) Every collusion t o obt ain a decree of legal separat ion, or of annulment of marriage;
(4) Any simulat ed alienat ion of propert y wit h int ent t o deprive t he compulsory heirs of t heir
legit ime.
ARTICLE 222. No suit shall be f iled or maint ained bet ween members of t he same f amily unless it
should appear t hat earnest ef f ort s t oward a compromise have been made, but t hat t he same
have f ailed, subject t o t he limit at ions in art icle 2035.
CHAPTER 2
The Family Home (n)
SECTION 1
General Provisions
ARTICLE 223. The f amily home is t he dwelling house where a person and his f amily reside, and t he
land on which it is sit uat ed. If const it ut ed as herein provided, t he f amily home shall be exempt f rom
execut ion, f orced sale or at t achment , except as provided in art icles 232 and 243.
ARTICLE 224. The f amily home may be est ablished judicially or ext rajudicially.
SECTION 2
Judicial Const it ut ion of t he Family Home
ARTICLE 225. The f amily home may be const it ut ed by a verif ied pet it ion t o t he Court of First
Inst ance by t he owner of t he propert y, and by approval t hereof by t he court .
ARTICLE 226. The f ollowing shall be benef iciaries of t he f amily home:
(1) The person est ablishing t he same;
(2) His or her spouse;
(3) His or her parent s, ascendant s, descendant s, brot hers and sist ers, whet her t he relat ionship be
legit imat e or ot herwise, who are living in t he f amily home and who depend upon him f or support .
ARTICLE 227. The f amily home may also be set up by an unmarried person who is t he head of a
f amily or household.
ARTICLE 228. If t he pet it ioner is married, t he f amily home may be select ed f rom t he conjugal
part nership or communit y propert y, or f rom t he separat e propert y of t he husband, or, wit h t he
consent of t he wif e, f rom her paraphernal propert y.
ARTICLE 229. The pet it ion shall cont ain t he f ollowing part iculars:
(1) Descript ion of t he propert y;
(2) An est imat e of it s act ual value;
(3) A st at ement t hat t he pet it ioner is act ually residing in t he premises;
(4) The encumbrances t hereon;
(5) The names and addresses of all t he credit ors of t he pet it ioner and of all mort gagees and ot her
persons who have an int erest in t he propert y;
(6) The names of t he ot her benef iciaries specif ied in art icle 226.
ARTICLE 230. Credit ors, mort gagees and all ot her persons who have an int erest in t he est at e shall
be not if ied of t he pet it ion, and given an opport unit y t o present t heir object ions t heret o. The
pet it ion shall, moreover, be published once a week f or t hree consecut ive weeks in a newspaper of
general circulat ion.
ARTICLE 231. If t he court f inds t hat t he act ual value of t he proposed f amily home does not
exceed t went y t housand pesos, or t hirt y t housand pesos in chart ered cit ies, and t hat no t hird
person is prejudiced, t he pet it ion shall be approved. Should any credit or whose claim is unsecured,
oppose t he est ablishment of t he f amily home, t he court shall grant t he pet it ion if t he debt or gives
suf f icient securit y f or t he debt .
ARTICLE 232. The f amily home, af t er it s creat ion by virt ue of judicial approval, shall be exempt
f rom execut ion, f orced sale, or at t achment , except :
(1) For nonpayment of t axes; or
(2) In sat isf act ion of a judgment on a debt secured by a mort gage const it ut ed on t he immovable
bef ore or af t er t he est ablishment of t he f amily home.
In case of insolvency of t he person const it ut ing t he f amily home, t he propert y shall not be
considered one of t he asset s t o be t aken possession of by t he assignee f or t he benef it of
credit ors.
ARTICLE 233. The order of t he court approving t he est ablishment of t he f amily home shall be
recorded in t he Regist ry of Propert y.
ARTICLE 234. When t here is danger t hat a person obliged t o give support may lose his or her
f ort une because of grave mismanagement or on account of riot ous living, his or her spouse, if any,
and a majorit y of t hose ent it led t o be support ed by him or by her may pet it ion t he Court of First
Inst ance f or t he creat ion of t he f amily home.
ARTICLE 235. The f amily home may be sold, alienat ed or encumbered by t he person who has
const it ut ed t he same, wit h t he consent of his or her spouse, and wit h t he approval of t he court .
However, t he f amily home shall under no circumst ances be donat ed as long as t here are
benef iciaries. In case of sale, t he price or such port ion t hereof as may be det ermined by t he court
shall be used in acquiring propert y which shall be f ormed int o a new f amily home. Any sum of
money obt ained t hrough an encumbrance on t he f amily home shall be used in t he int erest of t he
benef iciaries. The court shall t ake measures t o implement t he last t wo provisions.
ARTICLE 236. The f amily home may be dissolved upon t he pet it ion of t he person who has
const it ut ed t he same, wit h t he writ t en consent of his or her spouse and of at least one half of all
t he ot her benef iciaries who are eight een years of age or over. The court may grant t he pet it ion if it
is sat isf act orily shown t hat t he best int erest of t he f amily requires t he dissolut ion of t he f amily
home.
ARTICLE 237. In case of legal separat ion or annulment of marriage, t he f amily home shall be
dissolved, and t he propert y shall cease t o be exempt f rom execut ion, f orced sale or at t achment .
ARTICLE 238. Upon t he deat h of t he person who has set up t he f amily home, t he same shall
cont inue, unless he desired ot herwise in his will. The heirs cannot ask f or it s part it ion during t he
f irst t en years f ollowing t he deat h of t he person const it ut ing t he same, unless t he court f inds
powerf ul reasons t heref or.
ARTICLE 239. The f amily home shall not be subject t o payment of t he debt s of t he deceased,
unless in his will t he cont rary is st at ed. However, t he claims ment ioned in art icle 232 shall not be
adversely af f ect ed by t he deat h of t he person who has est ablished t he f amily home.
SECTION 3
Ext ra-judicial Creat ion of t he Family Home
ARTICLE 240. The f amily home may be ext rajudicially const it ut ed by recording in t he Regist ry of
Propert y a public inst rument wherein a person declares t hat he t hereby est ablishes a f amily home
out of a dwelling place wit h t he land on which it is sit uat ed.
ARTICLE 241. The declarat ion set t ing up t he f amily home shall be under oat h and shall cont ain:
(1) A st at ement t hat t he claimant is t he owner of , and is act ually residing in t he premises;
(2) A descript ion of t he propert y;
(3) An est imat e of it s act ual value; and
(4) The names of t he claimant s spouse and t he ot her benef iciaries ment ioned in art icle 226.
ARTICLE 242. The recording in t he Regist ry of Propert y of t he declarat ion ref erred t o in t he t wo
preceding art icles is t he operat ive act which creat es t he f amily home.
ARTICLE 243. The f amily home ext rajudicially f ormed shall be exempt f rom execut ion, f orced sale
or at t achment , except :
(1) For nonpayment of t axes;
(2) For debt s incurred bef ore t he declarat ion was recorded in t he Regist ry of Propert y;
(3) For debt s secured by mort gages on t he premises bef ore or af t er such record of t he
declarat ion;
(4) For debt s due t o laborers, mechanics, archit ect s, builders, mat erial-men and ot hers who have
rendered service or f urnished mat erial f or t he const ruct ion of t he building.
ARTICLE 244. The provisions of art icles 226 t o 228 and 235 t o 238 are likewise applicable t o f amily
homes ext rajudicially est ablished.
ARTICLE 245. Upon t he deat h of t he person who has ext rajudicially const it ut ed t he f amily home,
t he propert y shall not be liable f or his debt s ot her t han t hose ment ioned in art icle 243. However,
he may provide in his will t hat t he f amily home shall be subject t o payment of debt s not specif ied in
art icle 243.
ARTICLE 246. No declarat ion f or t he ext rajudicial est ablishment of t he f amily home shall be
recorded in t he Regist ry of Propert y if t he est imat ed act ual value of t he building and t he land
exceeds t he amount st at ed in art icle 231.
ARTICLE 247. When a credit or whose claim is not ment ioned in art icle 243 obt ains a judgment in
his f avor, and he has reasonable grounds t o believe t hat t he f amily home of t he judgment debt or
is wort h more t han t he amount ment ioned in art icle 231, he may apply t o t he Court of First
Inst ance f or an order direct ing t he sale of t he propert y under execut ion.
ARTICLE 248. The hearing on t he pet it ion, appraisal of t he value of t he f amily home, t he sale
under execut ion and ot her mat t ers relat ive t o t he proceedings shall be governed by such
provisions in t he Rules of Court as t he Supreme Court shall promulgat e on t he subject , provided
t hey are not inconsist ent wit h t his Code.
ARTICLE 249. At t he sale under execut ion ref erred t o in t he t wo preceding art icles, no bid shall be
considered unless it exceeds t he amount specif ied in art icle 231. The proceeds of t he sale shall be
applied in t he f ollowing order:
(1) To t he amount ment ioned in art icle 231;
(2) To t he judgment and t he cost s.
The excess, if any, belongs t o t he person const it ut ing t he f amily home.
ARTICLE 250. The amount ment ioned in art icle 231 t hus received by t he person who has
est ablished t he f amily home, or as much t hereof as t he court may det ermine, shall be invest ed in
t he const it ut ion of a new f amily home. The court shall t ake measures t o enf orce t his provision.
ARTICLE 251. In case of insolvency of t he person creat ing t he f amily home, t he claims specif ied in
art icle 243 may be sat isf ied not wit hst anding t he insolvency proceedings.
If t he assignee has reasonable grounds t o believe t hat t he act ual value of t he f amily home
exceeds t he amount f ixed in art icle 231, he may t ake act ion under t he provisions of art icles 247,
248 and 249.
CHAPTER 3
The Family Council (n)
ARTICLE 252. The Court of First Inst ance may, upon applicat ion of any member of t he f amily, a
relat ive, or a f riend, appoint a f amily council, whose dut y it shall be t o advise t he court , t he
spouses, t he parent s, guardians and t he f amily on import ant f amily quest ions.
ARTICLE 253. The f amily council shall be composed of f ive members, who shall be relat ives of t he
part ies concerned. But t he court may appoint one or t wo f riends of t he f amily.
ARTICLE 254. The f amily council shall elect it s chairman, and shall meet at t he call of t he lat t er or
upon order of t he court .
TITLE VIII
Pat ernit y and Filiat ion
CHAPTER 1
Legit imat e Children
ARTICLE 255. Children born af t er one hundred and eight y days f ollowing t he celebrat ion of t he
marriage, and bef ore t hree hundred days f ollowing it s dissolut ion or t he separat ion of t he spouses
shall be presumed t o be legit imat e.
Against t his presumpt ion no evidence shall be admit t ed ot her t han t hat of t he physical
impossibilit y of t he husbands having access t o his wif e wit hin t he f irst one hundred and t went y
days of t he t hree hundred which preceded t he birt h of t he child.
This physical impossibilit y may be caused:
(1) By t he impot ence of t he husband;
(2) By t he f act t hat t he husband and wif e were living separat ely, in such a way t hat access was not
possible;
(3) By t he serious illness of t he husband. (108a)
ARTICLE 256. The child shall be presumed legit imat e, alt hough t he mot her may have declared
against it s legit imacy or may have been sent enced as an adult eress. (109)
ARTICLE 257. Should t he wif e commit adult ery at or about t he t ime of t he concept ion of t he child,
but t here was no physical impossibilit y of access bet ween her and her husband as set f ort h in
art icle 255, t he child is prima f acie presumed t o be illegit imat e if it appears highly improbable, f or
et hnic reasons, t hat t he child is t hat of t he husband. For t he purposes of t his art icle, t he wif es
adult ery need not be proved in a criminal case. (n)
ARTICLE 258. A child born wit hin one hundred eight y days f ollowing t he celebrat ion of t he
marriage is prima f acie presumed t o be legit imat e. Such a child is conclusively presumed t o be
legit imat e in any of t hese cases:
(1) If t he husband, bef ore t he marriage, knew of t he pregnancy of t he wif e;
(2) If he consent ed, being present , t o t he put t ing of his surname on t he record of birt h of t he child;
(3) If he expressly or t acit ly recognized t he child as his own. (110a)
ARTICLE 259. If t he marriage is dissolved by t he deat h of t he husband, and t he mot her cont ract ed
anot her marriage wit hin t hree hundred days f ollowing such deat h, t hese rules shall govern:
(1) A child born bef ore one hundred eight y days af t er t he solemnizat ion of t he subsequent
marriage is disput ably presumed t o have been conceived during t he f ormer marriage, provided it be
born wit hin t hree hundred days af t er t he deat h of t he f ormer husband;
(2) A child born af t er one hundred eight y days f ollowing t he celebrat ion of t he subsequent
marriage is prima f acie presumed t o have been conceived during such marriage, even t hough it be
born wit hin t he t hree hundred days af t er t he deat h of t he f ormer husband. (n)
ARTICLE 260. If af t er a judgment annulling a marriage, t he f ormer wif e should believe herself t o be
pregnant by t he f ormer husband, she shall, wit hin t hirt y days f rom t he t ime she became aware of
her pregnancy, not if y t he f ormer husband or his heirs of t hat f act . He or his heirs may ask t he court
t o t ake measures t o prevent a simulat ion of birt h.
The same obligat ion shall devolve upon a widow who believes herself t o have been lef t pregnant
by t he deceased husband, or upon t he wif e who believes herself t o be pregnant by her husband
f rom whom she has been legally separat ed. (n)
ARTICLE 261. There is no presumpt ion of legit imacy or illegit imacy of a child born af t er t hree
hundred days f ollowing t he dissolut ion of t he marriage or t he separat ion of t he spouses. Whoever
alleges t he legit imacy or t he illegit imacy of such child must prove his allegat ion. (n)
ARTICLE 262. The heirs of t he husband may impugn t he legit imacy of t he child only in t he
f ollowing cases:
(1) If t he husband should die bef ore t he expirat ion of t he period f ixed f or bringing his act ion;
(2) If he should die af t er t he f iling of t he complaint , wit hout having desist ed f rom t he same;
(3) If t he child was born af t er t he deat h of t he husband. (112)
ARTICLE 263. The act ion t o impugn t he legit imacy of t he child shall be brought wit hin one year
f rom t he recording of t he birt h in t he Civil Regist er, if t he husband should be in t he same place, or
in a proper case, any of his heirs.
If he or his heirs are absent , t he period shall be eight een mont hs if t hey should reside in t he
Philippines; and t wo years if abroad. If t he birt h of t he child has been concealed, t he t erm shall be
count ed f rom t he discovery of t he f raud. (113a)
ARTICLE 264. Legit imat e children shall have t he right :
(1) To bear t he surnames of t he f at her and of t he mot her;
(2) To receive support f rom t hem, f rom t heir ascendant s, and in a proper case, f rom t heir brot hers
and sist ers, in conf ormit y wit h art icle 291;
(3) To t he legit ime and ot her successional right s which t his Code recognizes in t heir f avor. (114)
CHAPTER 2
Proof of Filiat ion of Legit imat e Children
ARTICLE 265. The f iliat ion of legit imat e children is proved by t he record of birt h appearing in t he
Civil Regist er, or by an aut hent ic document or a f inal judgment . (115)
ARTICLE 266. In t he absence of t he t it les indicat ed in t he preceding art icle, t he f iliat ion shall be
proved by t he cont inuous possession of st at us of a legit imat e child. (116)
ARTICLE 267. In t he absence of a record of birt h, aut hent ic document , f inal judgment or
possession of st at us, legit imat e f iliat ion may be proved by any ot her means allowed by t he Rules
of Court and special laws. (117a)
ARTICLE 268. The act ion t o claim his legit imacy may be brought by t he child during all his lif et ime,
and shall be t ransmit t ed t o his heirs if he should die during his minorit y or in a st at e of insanit y. In
t hese cases t he heirs shall have a period of f ive years wit hin which t o inst it ut e t he act ion.
The act ion already commenced by t he child is t ransmit t ed upon his deat h t o t he heirs, if t he
proceeding has not yet lapsed. (118)
CHAPTER 3
Legit imat ed Children
ARTICLE 269. Only nat ural children can be legit imat ed. Children born out side wedlock of parent s
who, at t he t ime of t he concept ion of t he f ormer, were not disqualif ied by any impediment t o
marry each ot her, are nat ural. (119a)
ARTICLE 270. Legit imat ion shall t ake place by t he subsequent marriage bet ween t he parent s.
(120a)
ARTICLE 271. Only nat ural children who have been recognized by t he parent s bef ore or af t er t he
celebrat ion of t he marriage, or have been declared nat ural children by f inal judgment , may be
considered legit imat ed by subsequent marriage.
If a nat ural child is recognized or judicially declared as nat ural, such recognit ion or declarat ion shall
ext end t o his or her brot hers or sist ers of t he f ull blood: Provided, That t he consent of t he lat t er
shall be implied if t hey do not impugn t he recognit ion wit hin f our years f rom t he t ime of such
recognit ion, or in case t hey are minors, wit hin f our years f ollowing t he at t ainment of majorit y.
(121a)
ARTICLE 272. Children who are legit imat ed by subsequent marriage shall enjoy t he same right s as
legit imat e children. (122)
ARTICLE 273. Legit imat ion shall t ake ef f ect f rom t he t ime of t he childs birt h. (123a)
ARTICLE 274. The legit imat ion of children who died bef ore t he celebrat ion of t he marriage shall
benef it t heir descendant s. (124)
ARTICLE 275. Legit imat ion may be impugned by t hose who are prejudiced in t heir right s, when it
t akes place in f avor of t hose who do not have t he legal condit ion of nat ural children or when t he
requisit es laid down in t his Chapt er are not complied wit h. (128a)
CHAPTER 4
Illegit imat e Children
SECTION 1
Recognit ion of Nat ural Children
ARTICLE 276. A nat ural child may be recognized by t he f at her and mot her joint ly, or by only one of
t hem. (129)
ARTICLE 277. In case t he recognit ion is made by only one of t he parent s, it shall be presumed t hat
t he child is nat ural, if t he parent recognizing it had legal capacit y t o cont ract marriage at t he t ime
of t he concept ion. (130)
ARTICLE 278. Recognit ion shall be made in t he record of birt h, a will, a st at ement bef ore a court of
record, or in any aut hent ic writ ing. (131a)
ARTICLE 279. A minor who may not cont ract marriage wit hout parent al consent cannot
acknowledge a nat ural child, unless t he parent or guardian approves t he acknowledgment , or
unless t he recognit ion is made in a will. (n)
ARTICLE 280. When t he f at her or t he mot her makes t he recognit ion separat ely, he or she shall not
reveal t he name of t he person wit h whom he or she had t he child; neit her shall he or she st at e any
circumst ance whereby t he ot her parent may be ident if ied. (132a)
ARTICLE 281. A child who is of age cannot be recognized wit hout his consent .
When t he recognit ion of a minor does not t ake place in a record of birt h or in a will, judicial
approval shall be necessary.
A minor can in any case impugn t he recognit ion wit hin f our years f ollowing t he at t ainment of his
majorit y. (133a)
ARTICLE 282. A recognized nat ural child has t he right :
(1) To bear t he surname of t he parent recognizing him;
(2) To receive support f rom such parent , in conf ormit y wit h art icle 291;
(3) To receive, in a proper case, t he heredit ary port ion which is det ermined in t his Code. (134)
ARTICLE 283. In any of t he f ollowing cases, t he f at her is obliged t o recognize t he child as his
nat ural child: meneen
(1) In cases of rape, abduct ion or seduct ion, when t he period of t he of f ense coincides more or less
wit h t hat of t he concept ion;
(2) When t he child is in cont inuous possession of st at us of a child of t he alleged f at her by t he
direct act s of t he lat t er or of his f amily;
(3) When t he child was conceived during t he t ime when t he mot her cohabit ed wit h t he supposed
f at her;
(4) When t he child has in his f avor any evidence or proof t hat t he def endant is his f at her. (n)
ARTICLE 284. The mot her is obliged t o recognize her nat ural child:
(1) In any of t he cases ref erred t o in t he preceding art icle, as bet ween t he child and t he mot her;
(2) When t he birt h and t he ident it y of t he child are clearly proved. (136a)
ARTICLE 285. The act ion f or t he recognit ion of nat ural children may be brought only during t he
lif et ime of t he presumed parent s, except in t he f ollowing cases:
(1) If t he f at her or mot her died during t he minorit y of t he child, in which case t he lat t er may f ile t he
act ion bef ore t he expirat ion of f our years f rom t he at t ainment of his majorit y;
(2) If af t er t he deat h of t he f at her or of t he mot her a document should appear of which not hing
had been heard and in which eit her or bot h parent s recognize t he child.
In t his case, t he act ion must be commenced wit hin f our years f rom t he f inding of t he document .
(137a)
ARTICLE 286. The recognit ion made in f avor of a child who does not possess all t he condit ions
st at ed in art icle 269, or in which t he requirement s of t he law have not been f ulf illed, may be
impugned by t hose who are prejudiced by such recognit ion. (137)
SECTION 2
Ot her Illegit imat e Children
ARTICLE 287. Illegit imat e children ot her t han nat ural in accordance wit h art icle 269 and ot her t han
nat ural children by legal f ict ion are ent it led t o support and such successional right s as are grant ed
in t his Code. (n)
ARTICLE 288. Minor children ment ioned in t he preceding art icle are under t he parent al aut horit y of
t he mot her. (n)
ARTICLE 289. Invest igat ion of t he pat ernit y or mat ernit y of children ment ioned in t he t wo
preceding art icles is permit t ed under t he circumst ances specif ied in art icles 283 and 284. (n)
TITLE IX
Support
ARTICLE 290. Support is everyt hing t hat is indispensable f or sust enance, dwelling, clot hing and
medical at t endance, according t o t he social posit ion of t he f amily.
Support also includes t he educat ion of t he person ent it led t o be support ed unt il he complet es his
educat ion or t raining f or some prof ession, t rade or vocat ion, even beyond t he age of majorit y.
(142a)
ARTICLE 291. The f ollowing are obliged t o support each ot her t o t he whole ext ent set f ort h in t he
preceding art icle:
(1) The spouses;
(2) Legit imat e ascendant s and descendant s;
(3) Parent s and acknowledged nat ural children and t he legit imat e or illegit imat e descendant s of
t he lat t er;
(4) Parent s and nat ural children by legal f ict ion and t he legit imat e and illegit imat e descendant s of
t he lat t er;
(5) Parent s and illegit imat e children who are not nat ural.
Brot hers and sist ers owe t heir legit imat e and nat ural brot hers and sist ers, alt hough t hey are only
of t he half -blood, t he necessaries f or lif e, when by a physical or ment al def ect , or any ot her cause
not imput able t o t he recipient s, t he lat t er cannot secure t heir subsist ence. This assist ance
includes, in a proper case, expenses necessary f or element ary educat ion and f or prof essional or
vocat ional t raining. (143a)
ARTICLE 292. During t he proceedings f or legal separat ion, or f or annulment of marriage, t he
spouses and children, shall be support ed f rom t he conjugal part nership propert y. Af t er t he f inal
judgment of legal separat ion, or of annulment of marriage, t he obligat ion of mut ual support
bet ween t he spouses ceases. However, in case of legal separat ion, t he court may order t hat t he
guilt y spouse shall give support t o t he innocent one, t he judgment specif ying t he t erms of such
order. (n)
ARTICLE 293. In an act ion f or legal separat ion or annulment of marriage, at t orneys f ees and
expenses f or lit igat ion shall be charged t o t he conjugal part nership propert y, unless t he act ion
f ails. (n)
ARTICLE 294. The claim f or support , when proper and t wo or more persons are obliged t o give it ,
shall be made in t he f ollowing order:
(1) From t he spouse;
(2) From t he descendant s of t he nearest degree;
(3) From t he ascendant s, also of t he nearest degree;
(4) From t he brot hers and sist ers.
Among descendant s and ascendant s, t he order in which t hey are called t o t he int est at e
succession of t he person who has a right t o claim support shall be observed. (144)
ARTICLE 295. When t he obligat ion t o give support f alls upon t wo or more persons, t he payment
of t he same shall be divided bet ween t hem in proport ion t o t he resources of each.
However, in case of urgent need and by special circumst ances, t he judge may order only one of
t hem t o f urnish t he support provisionally, wit hout prejudice t o his right t o claim f rom t he ot her
obligors t he share due f rom t hem.
When t wo or more recipient s at t he same t ime claim support f rom one and t he same person legally
obliged t o give it , and t he lat t er should not have suf f icient means t o sat isf y all, t he order
est ablished in t he preceding art icle shall be f ollowed, unless t he concurrent obligees should be t he
spouse and a child subject t o parent al aut horit y, in which case t he lat t er shall be pref erred. (145)
ARTICLE 296. The amount of support , in t he cases ref erred t o in t he f ive numbers of art icle 291,
shall be in proport ion t o t he resources or means of t he giver and t o t he necessit ies of t he
recipient . (146a)
ARTICLE 297. Support in t he cases ref erred t o in t he preceding art icle shall be reduced or
increased proport ionat ely, according t o t he reduct ion or increase of t he needs of t he recipient and
t he resources of t he person obliged t o f urnish t he same. (147)
ARTICLE 298. The obligat ion t o give support shall be demandable f rom t he t ime t he person who
has a right t o receive t he same needs it f or maint enance, but it shall not be paid except f rom t he
dat e it is ext rajudicially demanded.
Payment shall be made mont hly in advance, and when t he recipient dies, his heirs shall not be
obliged t o ret urn what he has received in advance. (148a)
ARTICLE 299. The person obliged t o give support may, at his opt ion, f ulf ill his obligat ion eit her by
paying t he allowance f ixed, or by receiving and maint aining in his house t he person who has a right
t o receive support . The lat t er alt ernat ive cannot be availed of in case t here is a moral or legal
obst acle t heret o. (149a)
ARTICLE 300. The obligat ion t o f urnish support ceases upon t he deat h of t he obligor, even if he
may be bound t o give it in compliance wit h a f inal judgment . (150)
ARTICLE 301. The right t o receive support cannot be renounced; nor can it be t ransmit t ed t o a
t hird person. Neit her can it be compensat ed wit h what t he recipient owes t he obligor.
However, support in arrears may be compensat ed and renounced, and t he right t o demand t he
same may be t ransmit t ed by onerous or grat uit ous t it le. (151)
ARTICLE 302. Neit her t he right t o receive legal support nor any money or propert y obt ained as
such support or any pension or grat uit y f rom t he government is subject t o at t achment or
execut ion. (n) cdt ai
ARTICLE 303. The obligat ion t o give support shall also cease:
(1) Upon t he deat h of t he recipient ;
(2) When t he resources of t he obligor have been reduced t o t he point where he cannot give t he
support wit hout neglect ing his own needs and t hose of his f amily;
(3) When t he recipient may engage in a t rade, prof ession, or indust ry, or has obt ained work, or has
improved his f ort une in such a way t hat he no longer needs t he allowance f or his subsist ence;
(4) When t he recipient , be he a f orced heir or not , has commit t ed some act which gives rise t o
disinherit ance;
(5) When t he recipient is a descendant , brot her or sist er of t he obligor and t he need f or support is
caused by his or her bad conduct or by t he lack of applicat ion t o work, so long as t his cause
subsist s. (152a)
ARTICLE 304. The f oregoing provisions shall be applicable t o ot her cases where, in virt ue of t his
Code or of any ot her law, by will, or by st ipulat ion t here is a right t o receive support , save what is
st ipulat ed, ordered by t he t est at or or provided by law f or t he special case. (153a)
TITLE X
Funerals (n)
ARTICLE 305. The dut y and t he right t o make arrangement s f or t he f uneral of a relat ive shall be in
accordance wit h t he order est ablished f or support , under art icle 294. In case of descendant s of
t he same degree, or of brot hers and sist ers, t he oldest shall be pref erred. In case of ascendant s,
t he pat ernal shall have a bet t er right .
ARTICLE 306. Every f uneral shall be in keeping wit h t he social posit ion of t he deceased.
ARTICLE 307. The f uneral shall be in accordance wit h t he expressed wishes of t he deceased. In
t he absence of such expression, his religious belief s or af f iliat ion shall det ermine t he f uneral rit es.
In case of doubt , t he f orm of t he f uneral shall be decided upon by t he person obliged t o make
arrangement s f or t he same, af t er consult ing t he ot her members of t he f amily.
ARTICLE 308. No human remains shall be ret ained, int erred, disposed of or exhumed wit hout t he
consent of t he persons ment ioned in art icles 294 and 305.
ARTICLE 309. Any person who shows disrespect t o t he dead, or wrongf ully int erf eres wit h a
f uneral shall be liable t o t he f amily of t he deceased f or damages, mat erial and moral.
ARTICLE 310. The const ruct ion of a t ombst one or mausoleum shall be deemed a part of t he
f uneral expenses, and shall be chargeable t o t he conjugal part nership propert y, if t he deceased is
one of t he spouses.
TITLE XI
Parent al Aut horit y
CHAPTER 1
General Provisions
ARTICLE 311. The f at her and mot her joint ly exercise parent al aut horit y over t heir legit imat e
children who are not emancipat ed. In case of disagreement , t he f at hers decision shall prevail,
unless t here is a judicial order t o t he cont rary.
Children are obliged t o obey t heir parent s so long as t hey are under parent al power, and t o
observe respect and reverence t oward t hem always.
Recognized nat ural and adopt ed children who are under t he age of majorit y are under t he parent al
aut horit y of t he f at her or mot her recognizing or adopt ing t hem, and are under t he same obligat ion
st at ed in t he preceding paragraph.
Nat ural children by legal f ict ion are under t he joint aut horit y of t he f at her and mot her, as provided
in t he f irst paragraph of t his art icle. (154a)
ARTICLE 312. Grandparent s shall be consult ed by all members of t he f amily on all import ant f amily
quest ions. (n)
ARTICLE 313. Parent al aut horit y cannot be renounced or t ransf erred, except in cases of
guardianship or adopt ion approved by t he court s, or emancipat ion by concession.
The court s may, in cases specif ied by law, deprive parent s of t heir aut horit y. (n)
ARTICLE 314. A f oundling shall be under t he parent al aut horit y of t he person or inst it ut ion t hat
has reared t he same. (n)
ARTICLE 315. No descendant can be compelled, in a criminal case, t o t est if y against his parent s
and ascendant s. (n)
CHAPTER 2
Ef f ect of Parent al Aut horit y Upon t he Persons of t he Children
ARTICLE 316. The f at her and t he mot her have, wit h respect t o t heir unemancipat ed children:
(1) The dut y t o support t hem, t o have t hem in t heir company, educat e and inst ruct t hem in
keeping wit h t heir means, and t o represent t hem in all act ions which may redound t o t heir benef it ;
(2) The power t o correct t hem and t o punish t hem moderat ely. (155)
ARTICLE 317. The court s may appoint a guardian of t he childs propert y, or a guardian ad lit em
when t he best int erest of t he child so requires. (n)
ARTICLE 318. Upon cause being shown by t he parent s, t he local mayor may aid t hem in t he
exercise of t heir aut horit y over t he child. If t he child is t o be kept in a childrens home or similar
inst it ut ion f or not more t han one mont h, an order of t he just ice of t he peace or municipal judge
shall be necessary, af t er due hearing, where t he child shall be heard. For t his purpose, t he court
may appoint a guardian ad lit em. (156a)
ARTICLE 319. The f at her and t he mot her shall sat isf y t he support f or t he det ained child; but t hey
shall not have any int ervent ion in t he regime of t he inst it ut ion where t he child is det ained. They
may lif t t he det ent ion when t hey deem it opport une, wit h t he approval of t he court . (158a)
CHAPTER 3
Ef f ect of Parent al Aut horit y on t he Propert y of t he Children
ARTICLE 320. The f at her, or in his absence t he mot her, is t he legal administ rat or of t he propert y
pert aining t o t he child under parent al aut horit y. If t he propert y is wort h more t han t wo t housand
pesos, t he f at her or mot her shall give a bond subject t o t he approval of t he Court of First
Inst ance. (159a)
ARTICLE 321. The propert y which t he unemancipat ed child has acquired or may acquire wit h his
work or indust ry, or by any lucrat ive t it le, belongs t o t he child in ownership, and in usuf ruct t o t he
f at her or mot her under whom he is under parent al aut horit y and in whose company he lives; but if
t he child, wit h t he parent s consent , should live independent ly f rom t hem, he shall be considered as
emancipat ed f or all purposes relat ive t o said propert y, and he shall have over it dominion, usuf ruct
and administ rat ion. (160)
ARTICLE 322. A child who earns money or acquires propert y wit h his own work or indust ry shall be
ent it led t o a reasonable allowance f rom his earnings, in addit ion t o t he expenses made by t he
parent s f or his support and educat ion. (n)
ARTICLE 323. The f ruit s and int erest of t he childs propert y ref erred t o in art icle 321 shall be
applied f irst t o t he expenses f or t he support and educat ion of t he child. Af t er t hey have been f ully
met , t he debt s of t he conjugal part nership which have redounded t o t he benef it of t he f amily may
be paid f rom said f ruit s and int erest . (n)
ARTICLE 324. What ever t he child may acquire wit h t he capit al or propert y of t he parent s belongs
t o t he lat t er in ownership and in usuf ruct . But if t he parent s should expressly grant him all or part
of t he prof it s t hat he may obt ain, such prof it s shall not be charged against his legit ime. (161)
ARTICLE 325. The propert y or income donat ed, bequeat hed or devised t o t he unemancipat ed
child f or t he expenses of his educat ion and inst ruct ion shall pert ain t o him in ownership and
usuf ruct ; but t he f at her or mot her shall administ er t he same, if in t he donat ion or t est ament ary
provision t he cont rary has not been st at ed. (162)
ARTICLE 326. When t he propert y of t he child is wort h more t han t wo t housand pesos, t he f at her
or mot her shall be considered a guardian of t he childs propert y, subject t o t he dut ies and
obligat ions of guardians under t he Rules of Court . (n)
CHAPTER 4
Ext inguishment of Parent al Aut horit y
ARTICLE 327. Parent al aut horit y t erminat es:
(1) Upon t he deat h of t he parent s or of t he child;
(2) Upon emancipat ion;
(3) Upon adopt ion of t he child;
(4) Upon t he appoint ment of a general guardian. (167a)
ARTICLE 328. The mot her who cont ract s a subsequent marriage loses t he parent al aut horit y over
her children, unless t he deceased husband, f at her of t he lat t er, has expressly provided in his will
t hat his widow might marry again, and has ordered t hat in such case she should keep and exercise
parent al aut horit y over t heir children.
The court may also appoint a guardian of t he childs propert y in case t he f at her should cont ract a
subsequent marriage. (168a)
ARTICLE 329. When t he mot her of an illegit imat e child marries a man ot her t han it s f at her, t he
court may appoint a guardian f or t he child. (n)
ARTICLE 330. The f at her and in a proper case t he mot her, shall lose aut horit y over t heir children:
(1) When by f inal judgment in a criminal case t he penalt y of deprivat ion of said aut horit y is imposed
upon him or her;
(2) When by a f inal judgment in legal separat ion proceedings such loss of aut horit y is declared.
(169a)
ARTICLE 331. Parent al aut horit y is suspended by t he incapacit y or absence of t he f at her, or in a
proper case of t he mot her, judicially declared, and also by civil int erdict ion. (170)
ARTICLE 332. The court s may deprive t he parent s of t heir aut horit y or suspend t he exercise of t he
same if t hey should t reat t heir children wit h excessive harshness or should give t hem corrupt ing
orders, counsels, or examples, or should make t hem beg or abandon t hem. In t hese cases, t he
court s may also deprive t he parent s, in whole or in part , of t he usuf ruct over t he childs propert y,
or adopt such measures as t hey may deem advisable in t he int erest of t he child. (171a)
ARTICLE 333. If t he widowed mot her who has cont ract ed a subsequent marriage should again
become a widow, she shall recover f rom t his moment her parent al aut horit y over all her
unemancipat ed children. (172)
CHAPTER 5
Adopt ion
ARTICLE 334. Every person of age, who is in f ull possession of his civil right s, may adopt . (173a)
ARTICLE 335. The f ollowing cannot adopt :
(1) Those who have legit imat e, legit imat ed, acknowledged nat ural children, or nat ural children by
legal f ict ion;
(2) The guardian, wit h respect t o t he ward, bef ore t he f inal approval of his account s;
(3) A married person, wit hout t he consent of t he ot her spouse;
(4) Non-resident aliens; onEuIP
(5) Resident aliens wit h whose government t he Republic of t he Philippines has broken diplomat ic
relat ions;
(6) Any person who has been convict ed of a crime involving moral t urpit ude, when t he penalt y
imposed was six mont hs imprisonment or more. (174a)
ARTICLE 336. The husband and wif e may joint ly adopt . Parent al aut horit y shall, in such case, be
exercised as if t he child were t heir own by nat ure. (n)
ARTICLE 337. Any person, even if of age, may be adopt ed, provided t he adopt er is sixt een years
older. (173a)
ARTICLE 338. The f ollowing may be adopt ed:
(1) The nat ural child, by t he nat ural f at her or mot her;
(2) Ot her illegit imat e children, by t he f at her or mot her;
(3) A st ep-child, by t he st ep-f at her or st ep-mot her. (n)
ARTICLE 339. The f ollowing cannot be adopt ed:
(1) A married person, wit hout t he writ t en consent of t he ot her spouse;
(2) An alien wit h whose government t he Republic of t he Philippines has broken diplomat ic
relat ions;
(3) A person who has already been adopt ed. (n)
ARTICLE 340. The writ t en consent of t he f ollowing t o t he adopt ion shall be necessary:
(1) The person t o be adopt ed, if f ourt een years of age or over;
(2) The parent s, guardian or person in charge of t he person t o be adopt ed. (n)
ARTICLE 341. The adopt ion shall:
(1) Give t o t he adopt ed person t he same right s and dut ies as if he were a legit imat e child of t he
adopt er;
(2) Dissolve t he aut horit y vest ed in t he parent s by nat ure;
(3) Make t he adopt ed person a legal heir of t he adopt er;
(4) Ent it le t he adopt ed person t o use t he adopt ers surname. (n)
ARTICLE 342. The adopt er shall not be a legal heir of t he adopt ed person, whose parent s by
nat ure shall inherit f rom him. (177a)
ARTICLE 343. If t he adopt er is survived by legit imat e parent s or ascendant s and by an adopt ed
person, t he lat t er shall not have more successional right s t han an acknowledged nat ural child. (n)
ARTICLE 344. The adopt er may donat e propert y, by an act int er vivos or by will, t o t he adopt ed
person, who shall acquire ownership t hereof . (n)
ARTICLE 345. The proceedings f or adopt ion shall be governed by t he Rules of Court insof ar as
t hey are not in conf lict wit h t his Code. (n)
ARTICLE 346. The adopt ion shall be recorded in t he local civil regist er. (179a)
ARTICLE 347. A minor or ot her incapacit at ed person may, t hrough a guardian ad lit em, ask f or t he
rescission of t he adopt ion on t he same grounds t hat cause t he loss of parent al aut horit y. (n)
ARTICLE 348. The adopt er may pet it ion t he court f or revocat ion of t he adopt ion in any of t hese
cases:
(1) If t he adopt ed person has at t empt ed against t he lif e of t he adopt er;
(2) When t he adopt ed minor has abandoned t he home of t he adopt er f or more t han t hree years;
(3) When by ot her act s t he adopt ed person has def init ely repudiat ed t he adopt ion. (n)
CHAPTER 6
Subst it ut e Parent al Aut horit y (n)
ARTICLE 349. The f ollowing persons shall exercise subst it ut e parent al aut horit y:
(1) Guardians;
(2) Teachers and prof essors;
(3) Heads of childrens homes, orphanages, and similar inst it ut ions;
(4) Direct ors of t rade est ablishment s, wit h regard t o apprent ices;
(5) Grandparent s;
(6) The oldest brot her or sist er.
ARTICLE 350. The persons named in t he preceding art icle shall exercise reasonable supervision
over t he conduct of t he child.
ARTICLE 351. A general guardian or a guardian over t he person shall have t he same aut horit y over
t he wards person as t he parent s. Wit h regard t o t he childs propert y, t he Rules of Court on
guardianship shall govern.
ARTICLE 352. The relat ions bet ween t eacher and pupil, prof essor and st udent , are f ixed by
government regulat ions and t hose of each school or inst it ut ion. In no case shall corporal
punishment be count enanced. The t eacher or prof essor shall cult ivat e t he best pot ent ialit ies of
t he heart and mind of t he pupil or st udent .
ARTICLE 353. Apprent ices shall be t reat ed humanely. No corporal punishment against t he
apprent ice shall be permit t ed.
ARTICLE 354. Grandparent s and in t heir def ault t he oldest brot her or sist er shall exercise parent al
aut horit y in case of deat h or absence of t he childs parent s. If t he parent s are living, or if t he child
is under guardianship, t he grandparent s may give advice and counsel t o t he child, t o t he parent s or
t o t he guardian.
ARTICLE 355. Subst it ut e parent al aut horit y shall be exercised by t he grandparent s in t he f ollowing
order:
(1) Pat ernal grandparent s;
(2) Mat ernal grandparent s.
TITLE XII
Care and Educat ion of Children
ARTICLE 356. Every child:
(1) Is ent it led t o parent al care;
(2) Shall receive at least element ary educat ion;
(3) Shall be given moral and civic t raining by t he parent s or guardian;
(4) Has a right t o live in an at mosphere conducive t o his physical, moral and int ellect ual
development .
ARTICLE 357. Every child shall:
(1) Obey and honor his parent s or guardian;
(2) Respect his grandparent s, old relat ives, and persons holding subst it ut e parent al aut horit y;
(3) Exert his ut most f or his educat ion and t raining;
(4) Cooperat e wit h t he f amily in all mat t ers t hat make f or t he good of t he same.
ARTICLE 358. Every parent and every person holding subst it ut e parent al aut horit y shall see t o it
t hat t he right s of t he child are respect ed and his dut ies complied wit h, and shall part icularly, by
precept and example, imbue t he child wit h highmindedness, love of count ry, venerat ion f or t he
nat ional heroes, f idelit y t o democracy as a way of lif e, and at t achment t o t he ideal of permanent
world peace.
ARTICLE 359. The government promot es t he f ull growt h of t he f acult ies of every child. For t his
purpose, t he government will est ablish, whenever possible:
(1) Schools in every barrio, municipalit y and cit y where opt ional religious inst ruct ion shall be t aught
as part of t he curriculum at t he opt ion of t he parent or guardian;
(2) Puericult ure and similar cent ers;
(3) Councils f or t he Prot ect ion of Children; and
(4) Juvenile court s.
ARTICLE 360. The Council f or t he Prot ect ion of Children shall look af t er t he welf are of children in
t he municipalit y. It shall, among ot her f unct ions:
(1) Fost er t he educat ion of every child in t he municipalit y;
(2) Encourage t he cult ivat ion of t he dut ies of parent s;
(3) Prot ect and assist abandoned or mist reat ed children, and orphans;
(4) Take st eps t o prevent juvenile delinquency;
(5) Adopt measures f or t he healt h of children;
(6) Promot e t he opening and maint enance of playgrounds;
(7) Coordinat e t he act ivit ies of organizat ions devot ed t o t he welf are of children, and secure t heir
cooperat ion.
ARTICLE 361. Juvenile court s will be est ablished, as f ar as pract icable, in every chart ered cit y or
large municipalit y.
ARTICLE 362. Whenever a child is f ound delinquent by any court , t he f at her, mot her, or guardian
may in a proper case be judicially admonished.
ARTICLE 363. In all quest ions on t he care, cust ody, educat ion and propert y of children, t he lat t ers
welf are shall be paramount . No mot her shall be separat ed f rom her child under seven years of age,
unless t he court f inds compelling reasons f or such measure.
TITLE XIII
Use of Surnames (n)
ARTICLE 364. Legit imat e and legit imat ed children shall principally use t he surname of t he f at her.
ARTICLE 365. An adopt ed child shall bear t he surname of t he adopt er.
ARTICLE 366. A nat ural child acknowledged by bot h parent s shall principally use t he surname of
t he f at her. If recognized by only one of t he parent s, a nat ural child shall employ t he surname of t he
recognizing parent .
ARTICLE 367. Nat ural children by legal f ict ion shall principally employ t he surname of t he f at her.
ARTICLE 368. Illegit imat e children ref erred t o in art icle 287 shall bear t he surname of t he mot her.
ARTICLE 369. Children conceived bef ore t he decree annulling a voidable marriage shall principally
use t he surname of t he f at her.
ARTICLE 370. A married woman may use:
(1) Her maiden f irst name and surname and add her husbands surname, or
(2) Her maiden f irst name and her husbands surname, or
(3) Her husbands f ull name, but pref ixing a word indicat ing t hat she is his wif e, such as Mrs.
ARTICLE 371. In case of annulment of marriage, and t he wif e is t he guilt y part y, she shall resume
her maiden name and surname. If she is t he innocent spouse, she may resume her maiden name
and surname. However, she may choose t o cont inue employing her f ormer husbands surname,
unless:
(1) The court decrees ot herwise, or
(2) She or t he f ormer husband is married again t o anot her person.
ARTICLE 372. When legal separat ion has been grant ed, t he wif e shall cont inue using her name and
surname employed bef ore t he legal separat ion.
ARTICLE 373. A widow may use t he deceased husbands surname as t hough he were st ill living, in
accordance wit h art icle 370.
ARTICLE 374. In case of ident it y of names and surnames, t he younger person shall be obliged t o
use such addit ional name or surname as will avoid conf usion.
ARTICLE 375. In case of ident it y of names and surnames bet ween ascendant s and descendant s,
t he word Junior can be used only by a son. Grandsons and ot her direct male descendant s shall
eit her:
(1) Add a middle name or t he mot hers surname, or
(2) Add t he Roman numerals II, III, and so on.
ARTICLE 376. No person can change his name or surname wit hout judicial aut horit y.
ARTICLE 377. Usurpat ion of a name and surname may be t he subject of an act ion f or damages
and ot her relief .
ARTICLE 378. The unaut horized or unlawf ul use of anot her persons surname gives a right of
act ion t o t he lat t er.
ARTICLE 379. The employment of pen names or st age names is permit t ed, provided it is done in
good f ait h and t here is no injury t o t hird persons. Pen names and st age names cannot be usurped.
ARTICLE 380. Except as provided in t he preceding art icle, no person shall use dif f erent names and
surnames.
TITLE XIV
Absence
CHAPTER 1
Provisional Measures in Case of Absence
ARTICLE 381. When a person disappears f rom his domicile, his whereabout s being unknown, and
wit hout leaving an agent t o administ er his propert y, t he judge, at t he inst ance of an int erest ed
part y, a relat ive, or a f riend, may appoint a person t o represent him in all t hat may be necessary.
This same rule shall be observed when under similar circumst ances t he power conf erred by t he
absent ee has expired. (181a)
ARTICLE 382. The appoint ment ref erred t o in t he preceding art icle having been made, t he judge
shall t ake t he necessary measures t o saf eguard t he right s and int erest s of t he absent ee and shall
specif y t he powers, obligat ions and remunerat ion of his represent at ive, regulat ing t hem, according
t o t he circumst ances, by t he rules concerning guardians. (182)
ARTICLE 383. In t he appoint ment of a represent at ive, t he spouse present shall be pref erred when
t here is no legal separat ion.
If t he absent ee lef t no spouse, or if t he spouse present is a minor, any compet ent person may be
appoint ed by t he court . (183a)
CHAPTER 2
Declarat ion of Absence
ARTICLE 384. Two years having elapsed wit hout any news about t he absent ee or since t he
receipt of t he last news, and f ive years in case t he absent ee has lef t a person in charge of t he
administ rat ion of his propert y, his absence may be declared. (184)
ARTICLE 385. The f ollowing may ask f or t he declarat ion of absence:
(1) The spouse present ;
(2) The heirs inst it ut ed in a will, who may present an aut hent ic copy of t he same;
(3) The relat ives who may succeed by t he law of int est acy;
(4) Those who may have over t he propert y of t he absent ee some right subordinat ed t o t he
condit ion of his deat h. (185)
ARTICLE 386. The judicial declarat ion of absence shall not t ake ef f ect unt il six mont hs af t er it s
publicat ion in a newspaper of general circulat ion. (186a)
CHAPTER 3
Administ rat ion of t he Propert y of t he Absent ee
ARTICLE 387. An administ rat or of t he absent ees propert y shall be appoint ed in accordance wit h
art icle 383. (187a)
ARTICLE 388. The wif e who is appoint ed as an administ rat rix of t he husbands propert y cannot
alienat e or encumber t he husbands propert y; or t hat of t he conjugal part nership, wit hout judicial
aut horit y. (188a)
ARTICLE 389. The administ rat ion shall cease in any of t he f ollowing cases:
(1) When t he absent ee appears personally or by means of an agent ;
(2) When t he deat h of t he absent ee is proved and his t est at e or int est at e heirs appear; cdasia
(3) When a t hird person appears, showing by a proper document t hat he has acquired t he
absent ees propert y by purchase or ot her t it le.
In t hese cases t he administ rat or shall cease in t he perf ormance of his of f ice, and t he propert y shall
be at t he disposal of t hose who may have a right t heret o. (190)
CHAPTER 4
Presumpt ion of Deat h
ARTICLE 390. Af t er an absence of seven years, it being unknown whet her or not t he absent ee st ill
lives, he shall be presumed dead f or all purposes, except f or t hose of succession.
The absent ee shall not be presumed dead f or t he purpose of opening his succession t ill af t er an
absence of t en years. If he disappeared af t er t he age of sevent y-f ive years, an absence of f ive
years shall be suf f icient in order t hat his succession may be opened. (n)
ARTICLE 391. The f ollowing shall be presumed dead f or all purposes, including t he division of t he
est at e among t he heirs: ot it eo
(1) A person on board a vessel lost during a sea voyage, or an aeroplane which is missing, who has
not been heard of f or f our years since t he loss of t he vessel or aeroplane;
(2) A person in t he armed f orces who has t aken part in war, and has been missing f or f our years;
(3) A person who has been in danger of deat h under ot her circumst ances and his exist ence has
not been known f or f our years. (n)
ARTICLE 392. If t he absent ee appears, or wit hout appearing his exist ence is proved, he shall
recover his propert y in t he condit ion in which it may be f ound, and t he price of any propert y t hat
may have been alienat ed or t he propert y acquired t herewit h; but he cannot claim eit her f ruit s or
rent s. (194)
CHAPTER 5
Ef f ect of Absence Upon t he Cont ingent Right s of t he Absent ee
ARTICLE 393. Whoever claims a right pert aining t o a person whose exist ence is not recognized
must prove t hat he was living at t he t ime his exist ence was necessary in order t o acquire said right .
(195)
ARTICLE 394. Wit hout prejudice t o t he provision of t he preceding art icle, upon t he opening of a
succession t o which an absent ee is called, his share shall accrue t o his coheirs, unless he has heirs,
assigns, or a represent at ive. They shall all, as t he case may be, make an invent ory of t he propert y.
(196a)
ARTICLE 395. The provisions of t he preceding art icle are underst ood t o be wit hout prejudice t o
t he act ion of pet it ion f or inherit ance or ot her right s which are vest ed in t he absent ee, his
represent at ives or successors in int erest . These right s shall not be ext inguished save by lapse of
t ime f ixed f or prescript ion. In t he record t hat is made in t he Regist ry of t he real est at e which
accrues t o t he coheirs, t he circumst ance of it s being subject t o t he provisions of t his art icle shall
be st at ed. (197)
ARTICLE 396. Those who may have ent ered upon t he inherit ance shall appropriat e t he f ruit s
received in good f ait h so long as t he absent ee does not appear, or while his represent at ives or
successors in int erest do not bring t he proper act ions. (198)
TITLE XV
Emancipat ion and Age of Majorit y
CHAPTER 1
Emancipat ion
ARTICLE 397. Emancipat ion t akes place:
(1) By t he marriage of t he minor;
(2) By t he at t ainment of majorit y;
(3) By t he concession of t he f at her or of t he mot her who exercises parent al aut horit y. (314)
ARTICLE 398. Emancipat ion t reat ed of in No. 3 of t he preceding art icle shall be ef f ect ed in a public
inst rument which shall be recorded in t he Civil Regist er, and unless so recorded, it shall t ake no
ef f ect against t hird persons. (316a)
ARTICLE 399. Emancipat ion by marriage or by volunt ary concession shall t erminat e parent al
aut horit y over t he childs person. It shall enable t he minor t o administ er his propert y as t hough he
were of age, but he cannot borrow money or alienat e or encumber real propert y wit hout t he
consent of his f at her or mot her, or guardian. He can sue and be sued in court only wit h t he
assist ance of his f at her, mot her or guardian. (317a)
ARTICLE 400. In order t hat emancipat ion by concession of t he f at her or of t he mot her may t ake
place, it is required t hat t he minor be eight een years of age, and t hat he give his consent t heret o.
(318)
ARTICLE 401. Emancipat ion is f inal or irrevocable. (319a)
CHAPTER 2
Age of Majorit y
ARTICLE 402. Majorit y commences upon t he at t ainment of t he age of t went y-one years.
The person who has reached majorit y is qualif ied f or all act s of civil lif e, save t he except ions
est ablished by t his Code in special cases. (320a)
ARTICLE 403. Not wit hst anding t he provisions of t he preceding art icle, a daught er above t went y-
one but below t went y-t hree years of age cannot leave t he parent al home wit hout t he consent of
t he f at her or mot her in whose company she lives, except t o become a wif e, or when she exercises
a prof ession or calling, or when t he f at her or mot her has cont ract ed a subsequent marriage.
(321a)
ARTICLE 404. An orphan who is minor may, at t he inst ance of any relat ive or ot her person, obt ain
emancipat ion by concession upon an order of t he Court of First Inst ance. (322a)
ARTICLE 405. For t he concession and approval ref erred t o in t he preceding art icle it is necessary:
ewIdne
(1) That t he minor be eight een years of age;
(2) That he consent t heret o; and
(3) That t he concession be deemed convenient f or t he minor.
The concession shall be recorded in t he Civil Regist er. (323a)
ARTICLE 406. The provisions of art icle 399 are applicable t o an orphan who has been
emancipat ed according t o art icle 404. The court will give t he necessary approval wit h respect t o
t he cont ract s ment ioned in art icle 399. In lit igat ions, a guardian ad lit em f or t he minor shall be
appoint ed by t he court . (324a)
TITLE XVI
Civil Regist er
ARTICLE 407. Act s, event s and judicial decrees concerning t he civil st at us of persons shall be
recorded in t he civil regist er. (325a)
ARTICLE 408. The f ollowing shall be ent ered in t he civil regist er:
(1) Birt hs;
(2) marriages;
(3) deat hs; aoLnLe
(4) legal separat ions;
(5) annulment s of marriage;
(6) judgment s declaring marriages void f rom t he beginning;
(7) legit imat ions;
(8) adopt ions;
(9) acknowledgment s of nat ural children;
(10) nat uralizat ion;
(11) loss, or
(12) recovery of cit izenship;
(13) civil int erdict ion;
(14) judicial det erminat ion of f iliat ion;
(15) volunt ary emancipat ion of a minor; and
(16) changes of name. (326a)
ARTICLE 409. In cases of legal separat ion, adopt ion, nat uralizat ion and ot her judicial orders
ment ioned in t he preceding art icle, it shall be t he dut y of t he clerk of t he court which issued t he
decree t o ascert ain whet her t he same has been regist ered, and if t his has not been done, t o send
a copy of said decree t o t he civil regist ry of t he cit y or municipalit y where t he court is f unct ioning.
(n)
ARTICLE 410. The books making up t he civil regist er and all document s relat ing t heret o shall be
considered public document s and shall be prima f acie evidence of t he f act s t herein cont ained. (n)
ARTICLE 411. Every civil regist rar shall be civilly responsible f or any unaut horized alt erat ion made in
any civil regist er, t o any person suf f ering damage t hereby. However, t he civil regist rar may exempt
himself f rom such liabilit y if he proves t hat he has t aken every reasonable precaut ion t o prevent
t he unlawf ul alt erat ion. (n)
ARTICLE 412. No ent ry in a civil regist er shall be changed or correct ed, wit hout a judicial order. (n)
ARTICLE 413. All ot her mat t ers pert aining t o t he regist rat ion of civil st at us shall be governed by
special laws. (n)
BOOK II
Propert y, Ownership, and it s Modif icat ions
TITLE I
Classif icat ion of Propert y
PRELIMINARY PROVISIONS
ARTICLE 414. All t hings which are or may be t he object of appropriat ion are considered eit her:
eEEmir
(1) Immovable or real propert y; or
(2) Movable or personal propert y. (333)
CHAPTER 1
Immovable Propert y
ARTICLE 415. The f ollowing are immovable propert y:
(1) Land, buildings, roads and const ruct ions of all kinds adhered t o t he soil;
(2) Trees, plant s, and growing f ruit s, while t hey are at t ached t o t he land or f orm an int egral part of
an immovable;
(3) Everyt hing at t ached t o an immovable in a f ixed manner, in such a way t hat it cannot be
separat ed t heref rom wit hout breaking t he mat erial or det eriorat ion of t he object ;
(4) St at ues, relief s, paint ings or ot her object s f or use or ornament at ion, placed in buildings or on
lands by t he owner of t he immovable in such a manner t hat it reveals t he int ent ion t o at t ach t hem
permanent ly t o t he t enement s;
(5) Machinery, recept acles, inst rument s or implement s int ended by t he owner of t he t enement f or
an indust ry or works which may be carried on in a building or on a piece of land, and which t end
direct ly t o meet t he needs of t he said indust ry or works;
(6) Animal houses, pigeon-houses, beehives, f ish ponds or breeding places of similar nat ure, in
case t heir owner has placed t hem or preserves t hem wit h t he int ent ion t o have t hem permanent ly
at t ached t o t he land, and f orming a permanent part of it ; t he animals in t hese places are included;
(7) Fert ilizer act ually used on a piece of land;
(8) Mines, quarries, and slag dumps, while t he mat t er t hereof f orms part of t he bed, and wat ers
eit her running or st agnant ;
(9) Docks and st ruct ures which, t hough f loat ing, are int ended by t heir nat ure and object t o remain
at a f ixed place on a river, lake, or coast ;
(10) Cont ract s f or public works, and servit udes and ot her real right s over immovable propert y.
(334a)
CHAPTER 2
Movable Propert y
ARTICLE 416. The f ollowing t hings are deemed t o be personal propert y:
(1) Those movables suscept ible of appropriat ion which are not included in t he preceding art icle;
(2) Real propert y which by any special provision of law is considered as personalt y;
(3) Forces of nat ure which are brought under cont rol by science; and
(4) In general, all t hings which can be t ransport ed f rom place t o place wit hout impairment of t he
real propert y t o which t hey are f ixed. (335a)
ARTICLE 417. The f ollowing are also considered as personal propert y:
(1) Obligat ions and act ions which have f or t heir object movables or demandable sums; and
(2) Shares of st ock of agricult ural, commercial and indust rial ent it ies, alt hough t hey may have real
est at e. (336a)
ARTICLE 418. Movable propert y is eit her consumable or nonconsumable. To t he f irst class belong
t hose movables which cannot be used in a manner appropriat e t o t heir nat ure wit hout t heir being
consumed; t o t he second class belong all t he ot hers. (337)
CHAPTER 3
Propert y in Relat ion t o t he Person t o Whom It Belongs
ARTICLE 419. Propert y is eit her of public dominion or of privat e ownership. (338)
ARTICLE 420. The f ollowing t hings are propert y of public dominion:
(1) Those int ended f or public use, such as roads, canals, rivers, t orrent s, port s and bridges
const ruct ed by t he St at e, banks, shores, roadst eads, and ot hers of similar charact er;
(2) Those which belong t o t he St at e, wit hout being f or public use, and are int ended f or some
public service or f or t he development of t he nat ional wealt h. (339a)
ARTICLE 421. All ot her propert y of t he St at e, which is not of t he charact er st at ed in t he preceding
art icle, is pat rimonial propert y. (340a)
ARTICLE 422. Propert y of public dominion, when no longer int ended f or public use or f or public
service, shall f orm part of t he pat rimonial propert y of t he St at e. (341a)
ARTICLE 423. The propert y of provinces, cit ies, and municipalit ies is divided int o propert y f or public
use and pat rimonial propert y. (343)
ARTICLE 424. Propert y f or public use, in t he provinces, cit ies, and municipalit ies, consist of t he
provincial roads, cit y st reet s, municipal st reet s, t he squares, f ount ains, public wat ers, promenades,
and public works f or public service paid f or by said provinces, cit ies, or municipalit ies.
All ot her propert y possessed by any of t hem is pat rimonial and shall be governed by t his Code,
wit hout prejudice t o t he provisions of special laws. (344a)
ARTICLE 425. Propert y of privat e ownership, besides t he pat rimonial propert y of t he St at e,
provinces, cit ies, and municipalit ies, consist s of all propert y belonging t o privat e persons, eit her
individually or collect ively. (345a)
Provisions Common t o t he Three Preceding Chapt ers
ARTICLE 426. Whenever by provision of t he law, or an individual declarat ion, t he expression
immovable t hings or propert y, or movable t hings or propert y, is used, it shall be deemed t o
include, respect ively, t he t hings enumerat ed in Chapt er 1 and in Chapt er 2.
Whenever t he word muebles, or f urnit ure, is used alone, it shall not be deemed t o include
money, credit s, commercial securit ies, st ocks and bonds, jewelry, scient if ic or art ist ic collect ions,
books, medals, arms, clot hing, horses or carriages and t heir accessories, grains, liquids and
merchandise, or ot her t hings which do not have as t heir principal object t he f urnishing or
ornament ing of a building, except where f rom t he cont ext of t he law, or t he individual declarat ion,
t he cont rary clearly appears. (346a)
TITLE II
Ownership
CHAPTER 1
Ownership in General
ARTICLE 427. Ownership may be exercised over t hings or right s. (n)
ARTICLE 428. The owner has t he right t o enjoy and dispose of a t hing, wit hout ot her limit at ions
t han t hose est ablished by law.
The owner has also a right of act ion against t he holder and possessor of t he t hing in order t o
recover it . (348a)
ARTICLE 429. The owner or lawf ul possessor of a t hing has t he right t o exclude any person f rom
t he enjoyment and disposal t hereof . For t his purpose, he may use such f orce as may be
reasonably necessary t o repel or prevent an act ual or t hreat ened unlawf ul physical invasion or
usurpat ion of his propert y. (n)
ARTICLE 430. Every owner may enclose or f ence his land or t enement s by means of walls, dit ches,
live or dead hedges, or by any ot her means wit hout det riment t o servit udes const it ut ed t hereon.
(388)
ARTICLE 431. The owner of a t hing cannot make use t hereof in such manner as t o injure t he right s
of a t hird person. (n)
ARTICLE 432. The owner of a t hing has no right t o prohibit t he int erf erence of anot her wit h t he
same, if t he int erf erence is necessary t o avert an imminent danger and t he t hreat ened damage,
compared t o t he damage arising t o t he owner f rom t he int erf erence, is much great er. The owner
may demand f rom t he person benef it ed indemnit y f or t he damage t o him. (n)
ARTICLE 433. Act ual possession under claim of ownership raises a disput able presumpt ion of
ownership. The t rue owner must resort t o judicial process f or t he recovery of t he propert y. (n)
ARTICLE 434. In an act ion t o recover, t he propert y must be ident if ied, and t he plaint if f must rely on
t he st rengt h of his t it le and not on t he weakness of t he def endant s claim. (n)
ARTICLE 435. No person shall be deprived of his propert y except by compet ent aut horit y and f or
public use and always upon payment of just compensat ion.
Should t his requirement be not f irst complied wit h, t he court s shall prot ect and, in a proper case,
rest ore t he owner in his possession. (349a)
ARTICLE 436. When any propert y is condemned or seized by compet ent aut horit y in t he int erest
of healt h, saf et y or securit y, t he owner t hereof shall not be ent it led t o compensat ion, unless he
can show t hat such condemnat ion or seizure is unjust if ied. (n)
ARTICLE 437. The owner of a parcel of land is t he owner of it s surf ace and of everyt hing under it ,
and he can const ruct t hereon any works or make any plant at ions and excavat ions which he may
deem proper, wit hout det riment t o servit udes and subject t o special laws and ordinances. He
cannot complain of t he reasonable requirement s of aerial navigat ion. (350a)
ARTICLE 438. Hidden t reasure belongs t o t he owner of t he land, building, or ot her propert y on
which it is f ound.
Nevert heless, when t he discovery is made on t he propert y of anot her, or of t he St at e or any of it s
subdivisions, and by chance, one-half t hereof shall be allowed t o t he f inder. If t he f inder is a
t respasser, he shall not be ent it led t o any share of t he t reasure.
If t he t hings f ound be of int erest t o science or t he art s, t he St at e may acquire t hem at t heir just
price, which shall be divided in conf ormit y wit h t he rule st at ed. (351a)
ARTICLE 439. By t reasure is underst ood, f or legal purposes, any hidden and unknown deposit of
money, jewelry, or ot her precious object s, t he lawf ul ownership of which does not appear. (352)
CHAPTER 2
Right of Accession
GENERAL PROVISIONS
ARTICLE 440. The ownership of propert y gives t he right by accession t o everyt hing which is
produced t hereby, or which is incorporat ed or at t ached t heret o, eit her nat urally or art if icially. (353)
SECTION 1
Right of Accession wit h Respect t o What is Produced by Propert y
ARTICLE 441. To t he owner belongs:
(1) The nat ural f ruit s;
(2) The indust rial f ruit s;
(3) The civil f ruit s. (354)
ARTICLE 442. Nat ural f ruit s are t he spont aneous product s of t he soil, and t he young and ot her
product s of animals.
Indust rial f ruit s are t hose produced by lands of any kind t hrough cult ivat ion or labor.
Civil f ruit s are t he rent s of buildings, t he price of leases of lands and ot her propert y and t he
amount of perpet ual or lif e annuit ies or ot her similar income. (355a)
ARTICLE 443. He who receives t he f ruit s has t he obligat ion t o pay t he expenses made by a t hird
person in t heir product ion, gat hering, and preservat ion. (356)
ARTICLE 444. Only such as are manif est or born are considered as nat ural or indust rial f ruit s.
Wit h respect t o animals, it is suf f icient t hat t hey are in t he womb of t he mot her, alt hough unborn.
(357)
SECTION 2
Right of Accession wit h Respect t o Immovable Propert y
ARTICLE 445. What ever is built , plant ed or sown on t he land of anot her and t he improvement s or
repairs made t hereon, belong t o t he owner of t he land, subject t o t he provisions of t he f ollowing
art icles. (358)
ARTICLE 446. All works, sowing, and plant ing are presumed made by t he owner and at his
expense, unless t he cont rary is proved. (359)
ARTICLE 447. The owner of t he land who makes t hereon, personally or t hrough anot her,
plant ings, const ruct ions or works wit h t he mat erials of anot her, shall pay t heir value; and, if he
act ed in bad f ait h, he shall also be obliged t o t he reparat ion of damages. The owner of t he
mat erials shall have t he right t o remove t hem only in case he can do so wit hout injury t o t he work
const ruct ed, or wit hout t he plant ings, const ruct ions or works being dest royed. However, if t he
landowner act ed in bad f ait h, t he owner of t he mat erials may remove t hem in any event , wit h a
right t o be indemnif ied f or damages. (360a)
ARTICLE 448. The owner of t he land on which anyt hing has been built , sown or plant ed in good
f ait h, shall have t he right t o appropriat e as his own t he works, sowing or plant ing, af t er payment of
t he indemnit y provided f or in art icles 546 and 548, or t o oblige t he one who built or plant ed t o pay
t he price of t he land, and t he one who sowed, t he proper rent . However, t he builder or plant er
cannot be obliged t o buy t he land if it s value is considerably more t han t hat of t he building or t rees.
In such case, he shall pay reasonable rent , if t he owner of t he land does not choose t o appropriat e
t he building or t rees af t er proper indemnit y. The part ies shall agree upon t he t erms of t he lease
and in case of disagreement , t he court shall f ix t he t erms t hereof . (361a)
ARTICLE 449. He who builds, plant s or sows in bad f ait h on t he land of anot her, loses what is built ,
plant ed or sown wit hout right t o indemnit y. (362)
ARTICLE 450. The owner of t he land on which anyt hing has been built , plant ed or sown in bad
f ait h may demand t he demolit ion of t he work, or t hat t he plant ing or sowing be removed, in order
t o replace t hings in t heir f ormer condit ion at t he expense of t he person who built , plant ed or
sowed; or he may compel t he builder or plant er t o pay t he price of t he land, and t he sower t he
proper rent . (363a)
ARTICLE 451. In t he cases of t he t wo preceding art icles, t he landowner is ent it led t o damages
f rom t he builder, plant er or sower. (n)
ARTICLE 452. The builder, plant er or sower in bad f ait h is ent it led t o reimbursement f or t he
necessary expenses of preservat ion of t he land. (n)
ARTICLE 453. If t here was bad f ait h, not only on t he part of t he person who built , plant ed or
sowed on t he land of anot her, but also on t he part of t he owner of such land, t he right s of one
and t he ot her shall be t he same as t hough bot h had act ed in good f ait h.
It is underst ood t hat t here is bad f ait h on t he part of t he landowner whenever t he act was done
wit h his knowledge and wit hout opposit ion on his part . (364a)
ARTICLE 454. When t he landowner act ed in bad f ait h and t he builder, plant er or sower proceeded
in good f ait h, t he provisions of art icle 447 shall apply. (n)
ARTICLE 455. If t he mat erials, plant s or seeds belong t o a t hird person who has not act ed in bad
f ait h, t he owner of t he land shall answer subsidiarily f or t heir value and only in t he event t hat t he
one who made use of t hem has no propert y wit h which t o pay.
This provision shall not apply if t he owner makes use of t he right grant ed by art icle 450. If t he
owner of t he mat erials, plant s or seeds has been paid by t he builder, plant er or sower, t he lat t er
may demand f rom t he landowner t he value of t he mat erials and labor. (365a)
ARTICLE 456. In t he cases regulat ed in t he preceding art icles, good f ait h does not necessarily
exclude negligence, which gives right t o damages under art icle 2176. (n)
ARTICLE 457. To t he owners of lands adjoining t he banks of rivers belong t he accret ion which
t hey gradually receive f rom t he ef f ect s of t he current of t he wat ers. (366)
ARTICLE 458. The owners of est at es adjoining ponds or lagoons do not acquire t he land lef t dry
by t he nat ural decrease of t he wat ers, or lose t hat inundat ed by t hem in ext raordinary f loods.
(367)
ARTICLE 459. Whenever t he current of a river, creek or t orrent segregat es f rom an est at e on it s
bank a known port ion of land and t ransf ers it t o anot her est at e, t he owner of t he land t o which
t he segregat ed port ion belonged ret ains t he ownership of it , provided t hat he removes t he same
wit hin t wo years. (368a)
ARTICLE 460. Trees uproot ed and carried away by t he current of t he wat ers belong t o t he owner
of t he land upon which t hey may be cast , if t he owners do not claim t hem wit hin six mont hs. If
such owners claim t hem, t hey shall pay t he expenses incurred in gat hering t hem or put t ing t hem in
a saf e place. (369a)
ARTICLE 461. River beds which are abandoned t hrough t he nat ural change in t he course of t he
wat ers ipso f act o belong t o t he owners whose lands are occupied by t he new course in proport ion
t o t he area lost . However, t he owners of t he lands adjoining t he old bed shall have t he right t o
acquire t he same by paying t he value t hereof , which value shall not exceed t he value of t he area
occupied by t he new bed. (370a)
ARTICLE 462. Whenever a river, changing it s course by nat ural causes, opens a new bed t hrough a
privat e est at e, t his bed shall become of public dominion. (372a)
ARTICLE 463. Whenever t he current of a river divides it self int o branches, leaving a piece of land or
part t hereof isolat ed, t he owner of t he land ret ains his ownership. He also ret ains it if a port ion of
land is separat ed f rom t he est at e by t he current . (374)
ARTICLE 464. Islands which may be f ormed on t he seas wit hin t he jurisdict ion of t he Philippines, on
lakes, and on navigable or f loat able rivers belong t o t he St at e. (371a)
ARTICLE 465. Islands which t hrough successive accumulat ion of alluvial deposit s are f ormed in
non-navigable and non-f loat able rivers, belong t o t he owners of t he margins or banks nearest t o
each of t hem, or t o t he owners of bot h margins if t he island is in t he middle of t he river, in which
case it shall be divided longit udinally in halves. If a single island t hus f ormed be more dist ant f rom
one margin t han f rom t he ot her, t he owner of t he nearer margin shall be t he sole owner t hereof .
(373a)
SECTION 3
Right of Accession wit h Respect t o Movable Propert y
ARTICLE 466. Whenever t wo movable t hings belonging t o dif f erent owners are, wit hout bad f ait h,
unit ed in such a way t hat t hey f orm a single object , t he owner of t he principal t hing acquires t he
accessory, indemnif ying t he f ormer owner t hereof f or it s value. (375)
ARTICLE 467. The principal t hing, as bet ween t wo t hings incorporat ed, is deemed t o be t hat t o
which t he ot her has been unit ed as an ornament , or f or it s use or perf ect ion. (376)
ARTICLE 468. If it cannot be det ermined by t he rule given in t he preceding art icle which of t he t wo
t hings incorporat ed is t he principal one, t he t hing of t he great er value shall be so considered, and
as bet ween t wo t hings of equal value, t hat of t he great er volume.
In paint ing and sculpt ure, writ ings, print ed mat t er, engraving and lit hographs, t he board, met al,
st one, canvas, paper or parchment shall be deemed t he accessory t hing. (377)
ARTICLE 469. Whenever t he t hings unit ed can be separat ed wit hout injury, t heir respect ive owners
may demand t heir separat ion.
Nevert heless, in case t he t hing unit ed f or t he use, embellishment or perf ect ion of t he ot her, is
much more precious t han t he principal t hing, t he owner of t he f ormer may demand it s separat ion,
even t hough t he t hing t o which it has been incorporat ed may suf f er some injury. (378)
ARTICLE 470. Whenever t he owner of t he accessory t hing has made t he incorporat ion in bad
f ait h, he shall lose t he t hing incorporat ed and shall have t he obligat ion t o indemnif y t he owner of
t he principal t hing f or t he damages he may have suf f ered.
If t he one who has act ed in bad f ait h is t he owner of t he principal t hing, t he owner of t he
accessory t hing shall have a right t o choose bet ween t he f ormer paying him it s value or t hat t he
t hing belonging t o him be separat ed, even t hough f or t his purpose it be necessary t o dest roy t he
principal t hing; and in bot h cases, f urt hermore, t here shall be indemnit y f or damages.
If eit her one of t he owners has made t he incorporat ion wit h t he knowledge and wit hout t he
object ion of t he ot her, t heir respect ive right s shall be det ermined as t hough bot h act ed in good
f ait h. (379a)
ARTICLE 471. Whenever t he owner of t he mat erial employed wit hout his consent has a right t o an
indemnit y, he may demand t hat t his consist in t he delivery of a t hing equal in kind and value, and in
all ot her respect s, t o t hat employed, or else in t he price t hereof , according t o expert appraisal.
(380)
ARTICLE 472. If by t he will of t heir owners t wo t hings of t he same or dif f erent kinds are mixed, or if
t he mixt ure occurs by chance, and in t he lat t er case t he t hings are not separable wit hout injury,
each owner shall acquire a right proport ional t o t he part belonging t o him, bearing in mind t he value
of t he t hings mixed or conf used. (381)
ARTICLE 473. If by t he will of only one owner, but in good f ait h, t wo t hings of t he same or
dif f erent kinds are mixed or conf used, t he right s of t he owners shall be det ermined by t he
provisions of t he preceding art icle.
If t he one who caused t he mixt ure or conf usion act ed in bad f ait h, he shall lose t he t hing belonging
t o him t hus mixed or conf used, besides being obliged t o pay indemnit y f or t he damages caused t o
t he owner of t he ot her t hing wit h which his own was mixed. (382)
ARTICLE 474. One who in good f ait h employs t he mat erial of anot her in whole or in part in order t o
make a t hing of a dif f erent kind, shall appropriat e t he t hing t hus t ransf ormed as his own,
indemnif ying t he owner of t he mat erial f or it s value.
If t he mat erial is more precious t han t he t ransf ormed t hing or is of more value, it s owner may, at
his opt ion, appropriat e t he new t hing t o himself , af t er f irst paying indemnit y f or t he value of t he
work, or demand indemnit y f or t he mat erial.
If in t he making of t he t hing bad f ait h int ervened, t he owner of t he mat erial shall have t he right t o
appropriat e t he work t o himself wit hout paying anyt hing t o t he maker, or t o demand of t he lat t er
t hat he indemnif y him f or t he value of t he mat erial and t he damages he may have suf f ered.
However, t he owner of t he mat erial cannot appropriat e t he work in case t he value of t he lat t er, f or
art ist ic or scient if ic reasons, is considerably more t han t hat of t he mat erial. (383a)
ARTICLE 475. In t he preceding art icles, sent iment al value shall be duly appreciat ed. (n)
CHAPTER 3
Quiet ing of Tit le (n)
ARTICLE 476. Whenever t here is a cloud on t it le t o real propert y or any int erest t herein, by reason
of any inst rument , record, claim, encumbrance or proceeding which is apparent ly valid or ef f ect ive
but is in t rut h and in f act invalid, inef f ect ive, voidable, or unenf orceable, and may be prejudicial t o
said t it le, an act ion may be brought t o remove such cloud or t o quiet t he t it le.
An act ion may also be brought t o prevent a cloud f rom being cast upon t it le t o real propert y or any
int erest t herein.
ARTICLE 477. The plaint if f must have legal or equit able t it le t o, or int erest in t he real propert y
which is t he subject -mat t er of t he act ion. He need not be in possession of said propert y.
ARTICLE 478. There may also be an act ion t o quiet t it le or remove a cloud t heref rom when t he
cont ract , inst rument or ot her obligat ion has been ext inguished or has t erminat ed, or has been
barred by ext inct ive prescript ion.
ARTICLE 479. The plaint if f must ret urn t o t he def endant all benef it s he may have received f rom
t he lat t er, or reimburse him f or expenses t hat may have redounded t o t he plaint if f s benef it .
ARTICLE 480. The principles of t he general law on t he quiet ing of t it le are hereby adopt ed insof ar
as t hey are not in conf lict wit h t his Code.
ARTICLE 481. The procedure f or t he quiet ing of t it le or t he removal of a cloud t heref rom shall be
governed by such rules of court as t he Supreme Court shall promulgat e.
CHAPTER 4
Ruinous Buildings and Trees in Danger of Falling
ARTICLE 482. If a building, wall, column, or any ot her const ruct ion is in danger of f alling, t he owner
shall be obliged t o demolish it or t o execut e t he necessary work in order t o prevent it f rom f alling.
If t he propriet or does not comply wit h t his obligat ion, t he administ rat ive aut horit ies may order t he
demolit ion of t he st ruct ure at t he expense of t he owner, or t ake measures t o insure public saf et y.
(389a)
ARTICLE 483. Whenever a large t ree t hreat ens t o f all in such a way as t o cause damage t o t he
land or t enement of anot her or t o t ravelers over a public or privat e road, t he owner of t he t ree
shall be obliged t o f ell and remove it ; and should he not do so, it shall be done at his expense by
order of t he administ rat ive aut horit ies. (390a)
TITLE III
Co-ownership
ARTICLE 484. There is co-ownership whenever t he ownership of an undivided t hing or right
belongs t o dif f erent persons.
In def ault of cont ract s, or of special provisions, co-ownership shall be governed by t he provisions
of t his Tit le. (392)
ARTICLE 485. The share of t he co-owners, in t he benef it s as well as in t he charges, shall be
proport ional t o t heir respect ive int erest s. Any st ipulat ion in a cont ract t o t he cont rary shall be void.
The port ions belonging t o t he co-owners in t he co-ownership shall be presumed equal, unless t he
cont rary is proved. (393a)
ARTICLE 486. Each co-owner may use t he t hing owned in common, provided he does so in
accordance wit h t he purpose f or which it is int ended and in such a way as not t o injure t he int erest
of t he co-ownership or prevent t he ot her co-owners f rom using it according t o t heir right s. The
purpose of t he co-ownership may be changed by agreement , express or implied. (394a)
ARTICLE 487. Any one of t he co-owners may bring an act ion in eject ment . (n)
ARTICLE 488. Each co-owner shall have a right t o compel t he ot her co-owners t o cont ribut e t o
t he expenses of preservat ion of t he t hing or right owned in common and t o t he t axes. Any one of
t he lat t er may exempt himself f rom t his obligat ion by renouncing so much of his undivided int erest
as may be equivalent t o his share of t he expenses and t axes. No such waiver shall be made if it is
prejudicial t o t he co-ownership. (395a)
ARTICLE 489. Repairs f or preservat ion may be made at t he will of one of t he co-owners, but he
must , if pract icable, f irst not if y his co-owners of t he necessit y f or such repairs. Expenses t o
improve or embellish t he t hing shall be decided upon by a majorit y as det ermined in art icle 492. (n)
ARTICLE 490. Whenever t he dif f erent st ories of a house belong t o dif f erent owners, if t he t it les of
ownership do not specif y t he t erms under which t hey should cont ribut e t o t he necessary
expenses and t here exist s no agreement on t he subject , t he f ollowing rules shall be observed:
(1) The main and part y walls, t he roof and t he ot her t hings used in common, shall be preserved at
t he expense of all t he owners in proport ion t o t he value of t he st ory belonging t o each;
(2) Each owner shall bear t he cost of maint aining t he f loor of his st ory; t he f loor of t he ent rance,
f ront door, common yard and sanit ary works common t o all, shall be maint ained at t he expense of
all t he owners pro rat a;
(3) The st airs f rom t he ent rance t o t he f irst st ory shall be maint ained at t he expense of all t he
owners pro rat a, wit h t he except ion of t he owner of t he ground f loor; t he st airs f rom t he f irst t o
t he second st ory shall be preserved at t he expense of all, except t he owner of t he ground f loor
and t he owner of t he f irst st ory; and so on successively. (396)
ARTICLE 491. None of t he co-owners shall, wit hout t he consent of t he ot hers, make alt erat ions in
t he t hing owned in common, even t hough benef it s f or all would result t heref rom. However, if t he
wit hholding of t he consent by one or more of t he co-owners is clearly prejudicial t o t he common
int erest , t he court s may af f ord adequat e relief . (397a)
ARTICLE 492. For t he administ rat ion and bet t er enjoyment of t he t hing owned in common, t he
resolut ions of t he majorit y of t he co-owners shall be binding.
There shall be no majorit y unless t he resolut ion is approved by t he co-owners who represent t he
cont rolling int erest in t he object of t he co-ownership.
Should t here be no majorit y, or should t he resolut ion of t he majorit y be seriously prejudicial t o
t hose int erest ed in t he propert y owned in common, t he court , at t he inst ance of an int erest ed
part y, shall order such measures as it may deem proper, including t he appoint ment of an
administ rat or.
Whenever a part of t he t hing belongs exclusively t o one of t he co-owners, and t he remainder is
owned in common, t he preceding provisions shall apply only t o t he part owned in common. (398)
ARTICLE 493. Each co-owner shall have t he f ull ownership of his part and of t he f ruit s and
benef it s pert aining t heret o, and he may t heref ore alienat e, assign or mort gage it , and even
subst it ut e anot her person in it s enjoyment , except when personal right s are involved. But t he
ef f ect of t he alienat ion or t he mort gage, wit h respect t o t he co-owners, shall be limit ed t o t he
port ion which may be allot t ed t o him in t he division upon t he t erminat ion of t he co-ownership.
(399)
ARTICLE 494. No co-owner shall be obliged t o remain in t he co-ownership. Each co-owner may
demand at any t ime t he part it ion of t he t hing owned in common, insof ar as his share is concerned.
Nevert heless, an agreement t o keep t he t hing undivided f or a cert ain period of t ime, not exceeding
t en years, shall be valid. This t erm may be ext ended by a new agreement .
A donor or t est at or may prohibit part it ion f or a period which shall not exceed t went y years.
Neit her shall t here be any part it ion when it is prohibit ed by law.
No prescript ion shall run in f avor of a co-owner or co-heir against his co-owners or co-heirs so
long as he expressly or impliedly recognizes t he co-ownership. (400a)
ARTICLE 495. Not wit hst anding t he provisions of t he preceding art icle, t he co-owners cannot
demand a physical division of t he t hing owned in common, when t o do so would render it
unserviceable f or t he use f or which it is int ended. But t he co-ownership may be t erminat ed in
accordance wit h art icle 498. (401a)
ARTICLE 496. Part it ion may be made by agreement bet ween t he part ies or by judicial proceedings.
Part it ion shall be governed by t he Rules of Court insof ar as t hey are consist ent wit h t his Code.
(402)
ARTICLE 497. The credit ors or assignees of t he co-owners may t ake part in t he division of t he
t hing owned in common and object t o it s being ef f ect ed wit hout t heir concurrence. But t hey
cannot impugn any part it ion already execut ed, unless t here has been f raud, or in case it was made
not wit hst anding a f ormal opposit ion present ed t o prevent it , wit hout prejudice t o t he right of t he
debt or or assignor t o maint ain it s validit y. (403)
ARTICLE 498. Whenever t he t hing is essent ially indivisible and t he co-owners cannot agree t hat it
be allot t ed t o one of t hem who shall indemnif y t he ot hers, it shall be sold and it s proceeds
dist ribut ed. (404)
ARTICLE 499. The part it ion of a t hing owned in common shall not prejudice t hird persons, who
shall ret ain t he right s of mort gage, servit ude, or any ot her real right s belonging t o t hem bef ore t he
division was made. Personal right s pert aining t o t hird persons against t he co-ownership shall also
remain in f orce, not wit hst anding t he part it ion. (405)
ARTICLE 500. Upon part it ion, t here shall be a mut ual account ing f or benef it s received and
reimbursement s f or expenses made. Likewise, each co-owner shall pay f or damages caused by
reason of his negligence or f raud. (n)
ARTICLE 501. Every co-owner shall, af t er part it ion, be liable f or def ect s of t it le and qualit y of t he
port ion assigned t o each of t he ot her co-owners. (n)
TITLE IV
Some Special Propert ies
CHAPTER 1
Wat ers
SECTION 1
Ownership of Wat ers
ARTICLE 502. The f ollowing are of public dominion:
(1) Rivers and t heir nat ural beds;
(2) Cont inuous or int ermit t ent wat ers of springs and brooks running in t heir nat ural beds and t he
beds t hemselves;
(3) Wat ers rising cont inuously or int ermit t ent ly on lands of public dominion;
(4) Lakes and lagoons f ormed by Nat ure on public lands, and t heir beds;
(5) Rain wat ers running t hrough ravines or sand beds, which are also of public dominion;
(6) Subt erranean wat ers on public lands;
(7) Wat ers f ound wit hin t he zone of operat ion of public works, even if const ruct ed by a
cont ract or;
(8) Wat ers rising cont inuously or int ermit t ent ly on lands belonging t o privat e persons, t o t he St at e,
t o a province, or t o a cit y or a municipalit y f rom t he moment t hey leave such lands;
(9) The wast e wat ers of f ount ains, sewers and public est ablishment s. (407)
ARTICLE 503. The f ollowing are of privat e ownership:
(1) Cont inuous or int ermit t ent wat ers rising on lands of privat e ownership, while running t hrough
t he same;
(2) Lakes and lagoons, and t heir beds, f ormed by Nat ure on such lands;
(3) Subt erranean wat ers f ound on t he same;
(4) Rain wat ers f alling on said lands, as long as t hey remain wit hin t he boundaries;
(5) The beds of f lowing wat ers, cont inuous or int ermit t ent , f ormed by rain wat er, and t hose of
brooks, crossing lands which are not of public dominion.
In every drain or aqueduct , t he wat er, bed, banks and f loodgat es shall be considered as an int egral
part of t he land or building f or which t he wat ers are int ended. The owners of lands, t hrough which
or along t he boundaries of which t he aqueduct passes, cannot claim ownership over it , or any right
t o t he use of it s bed or banks, unless t he claim is based on t it les of ownership specif ying t he right
or ownership claimed. (408)
SECTION 2
The Use of Public Wat ers
ARTICLE 504. The use of public wat ers is acquired:
(1) By administ rat ive concession;
(2) By prescript ion f or t en years.
The ext ent of t he right s and obligat ions of t he use shall be t hat est ablished, in t he f irst case, by
t he t erms of t he concession, and, in t he second case, by t he manner and f orm in which t he wat ers
have been used. (409a)
ARTICLE 505. Every concession f or t he use of wat ers is underst ood t o be wit hout prejudice t o
t hird persons. (410)
ARTICLE 506. The right t o make use of public wat ers is ext inguished by t he lapse of t he
concession and by non-user f or f ive years. (411a)
SECTION 3
The Use of Wat ers of Privat e Ownership
ARTICLE 507. The owner of a piece of land on which a spring or brook rises, be it cont inuous or
int ermit t ent , may use it s wat ers while t hey run t hrough t he same, but af t er t he wat ers leave t he
land t hey shall become public, and t heir use shall be governed by t he Special Law of Wat ers of
August 3, 1866, and by t he Irrigat ion Law. (412a)
ARTICLE 508. The privat e ownership of t he beds of rain wat ers does not give a right t o make
works or const ruct ions which may change t heir course t o t he damage of t hird persons, or whose
dest ruct ion, by t he f orce of f loods, may cause such damage. (413)
ARTICLE 509. No one may ent er privat e propert y t o search wat ers or make use of t hem wit hout
permission f rom t he owners, except as provided by t he Mining Law. (414a)
ARTICLE 510. The ownership which t he propriet or of a piece of land has over t he wat ers rising
t hereon does not prejudice t he right s which t he owners of lower est at es may have legally acquired
t o t he use t hereof . (415)
ARTICLE 511. Every owner of a piece of land has t he right t o const ruct wit hin his propert y,
reservoirs f or rain wat ers, provided he causes no damage t o t he public or t o t hird persons. (416)
SECTION 4
Subt erranean Wat ers
ARTICLE 512. Only t he owner of a piece of land, or anot her person wit h his permission, may make
explorat ions t hereon f or subt erranean wat ers, except as provided by t he Mining Law.
Explorat ions f or subt erranean wat ers on lands of public dominion may be made only wit h t he
permission of t he administ rat ive aut horit ies. (417a)
ARTICLE 513. Wat ers art if icially brought f ort h in accordance wit h t he Special Law of Wat ers of
August 3, 1866, belong t o t he person who brought t hem up. (418)
ARTICLE 514. When t he owner of wat ers art if icially brought t o t he surf ace abandons t hem t o t heir
nat ural course, t hey shall become of public dominion. (419)
SECTION 5
General Provisions
ARTICLE 515. The owner of a piece of land on which t here are def ensive works t o check wat ers,
or on which, due t o a change of t heir course, it may be necessary t o reconst ruct such works, shall
be obliged, at his elect ion, eit her t o make t he necessary repairs or const ruct ion himself , or t o
permit t hem t o be done, wit hout damage t o him, by t he owners of t he lands which suf f er or are
clearly exposed t o suf f er injury. (420)
ARTICLE 516. The provisions of t he preceding art icle are applicable t o t he case in which it may be
necessary t o clear a piece of land of mat t er, whose accumulat ion or f all may obst ruct t he course
of t he wat ers, t o t he damage or peril of t hird persons. (421)
ARTICLE 517. All t he owners who part icipat e in t he benef it s arising f rom t he works ref erred t o in
t he t wo preceding art icles, shall be obliged t o cont ribut e t o t he expenses of const ruct ion in
proport ion t o t heir respect ive int erest s. Those who by t heir f ault may have caused t he damage
shall be liable f or t he expenses. (422)
ARTICLE 518. All mat t ers not expressly det ermined by t he provisions of t his Chapt er shall be
governed by t he Special Law of Wat ers of August 3, 1866, and by t he Irrigat ion Law. (425a)
CHAPTER 2
Minerals
ARTICLE 519. Mining claims and right s and ot her mat t ers concerning minerals and mineral lands are
governed by special laws. (427a)
CHAPTER 3
Trade-marks and Trade-names
ARTICLE 520. A t rade-mark or t rade-name duly regist ered in t he proper government bureau or
of f ice is owned by and pert ains t o t he person, corporat ion, or f irm regist ering t he same, subject t o
t he provisions of special laws. (n)
ARTICLE 521. The goodwill of a business is propert y, and may be t ransf erred t oget her wit h t he
right t o use t he name under which t he business is conduct ed. (n)
ARTICLE 522. Trade-marks and t rade-names are governed by special laws. (n)
TITLE V
Possession
CHAPTER 1
Possession and t he Kinds Thereof
ARTICLE 523. Possession is t he holding of a t hing or t he enjoyment of a right . (430a)
ARTICLE 524. Possession may be exercised in ones own name or in t hat of anot her. (431a)
ARTICLE 525. The possession of t hings or right s may be had in one of t wo concept s: eit her in t he
concept of owner, or in t hat of t he holder of t he t hing or right t o keep or enjoy it , t he ownership
pert aining t o anot her person. (432)
ARTICLE 526. He is deemed a possessor in good f ait h who is not aware t hat t here exist s in his t it le
or mode of acquisit ion any f law which invalidat es it .
He is deemed a possessor in bad f ait h who possesses in any case cont rary t o t he f oregoing.
Mist ake upon a doubt f ul or dif f icult quest ion of law may be t he basis of good f ait h. (433a)
ARTICLE 527. Good f ait h is always presumed, and upon him who alleges bad f ait h on t he part of a
possessor rest s t he burden of proof . (434)
ARTICLE 528. Possession acquired in good f ait h does not lose t his charact er except in t he case
and f rom t he moment f act s exist which show t hat t he possessor is not unaware t hat he
possesses t he t hing improperly or wrongf ully. (435a)
ARTICLE 529. It is presumed t hat possession cont inues t o be enjoyed in t he same charact er in
which it was acquired, unt il t he cont rary is proved. (436)
ARTICLE 530. Only t hings and right s which are suscept ible of being appropriat ed may be t he
object of possession. (437)
CHAPTER 2
Acquisit ion of Possession
ARTICLE 531. Possession is acquired by t he mat erial occupat ion of a t hing or t he exercise of a
right , or by t he f act t hat it is subject t o t he act ion of our will, or by t he proper act s and legal
f ormalit ies est ablished f or acquiring such right . (438a)
ARTICLE 532. Possession may be acquired by t he same person who is t o enjoy it , by his legal
represent at ive, by his agent , or by any person wit hout any power what ever; but in t he last case,
t he possession shall not be considered as acquired unt il t he person in whose name t he act of
possession was execut ed has rat if ied t he same, wit hout prejudice t o t he juridical consequences of
negot iorum gest io in a proper case. (439a)
ARTICLE 533. The possession of heredit ary propert y is deemed t ransmit t ed t o t he heir wit hout
int errupt ion and f rom t he moment of t he deat h of t he decedent , in case t he inherit ance is
accept ed.
One who validly renounces an inherit ance is deemed never t o have possessed t he same. (440)
ARTICLE 534. One who succeeds by heredit ary t it le shall not suf f er t he consequences of t he
wrongf ul possession of t he decedent , if it is not shown t hat he was aware of t he f laws af f ect ing
it ; but t he ef f ect s of possession in good f ait h shall not benef it him except f rom t he dat e of deat h
of t he decedent . (442)
ARTICLE 535. Minors and incapacit at ed persons may acquire t he possession of t hings; but t hey
need t he assist ance of t heir legal represent at ives in order t o exercise t he right s which f rom t he
possession arise in t heir f avor. (443)
ARTICLE 536. In no case may possession be acquired t hrough f orce or int imidat ion as long as
t here is a possessor who object s t heret o. He who believes t hat he has an act ion or a right t o
deprive anot her of t he holding of a t hing, must invoke t he aid of t he compet ent court , if t he holder
should ref use t o deliver t he t hing. (441a)
ARTICLE 537. Act s merely t olerat ed, and t hose execut ed clandest inely and wit hout t he knowledge
of t he possessor of a t hing, or by violence, do not af f ect possession. (444)
ARTICLE 538. Possession as a f act cannot be recognized at t he same t ime in t wo dif f erent
personalit ies except in t he cases of co-possession. Should a quest ion arise regarding t he f act of
possession, t he present possessor shall be pref erred; if t here are t wo possessors, t he one longer
in possession; if t he dat es of t he possession are t he same, t he one who present s a t it le; and if all
t hese condit ions are equal, t he t hing shall be placed in judicial deposit pending det erminat ion of it s
possession or ownership t hrough proper proceedings. (445)
CHAPTER 3
Ef f ect s of Possession
ARTICLE 539. Every possessor has a right t o be respect ed in his possession; and should he be
dist urbed t herein he shall be prot ect ed in or rest ored t o said possession by t he means est ablished
by t he laws and t he Rules of Court .
A possessor deprived of his possession t hrough f orcible ent ry may wit hin t en days f rom t he f iling
of t he complaint present a mot ion t o secure f rom t he compet ent court , in t he act ion f or f orcible
ent ry, a writ of preliminary mandat ory injunct ion t o rest ore him in his possession. The court shall
decide t he mot ion wit hin t hirt y (30) days f rom t he f iling t hereof . (446a)
ARTICLE 540. Only t he possession acquired and enjoyed in t he concept of owner can serve as a
t it le f or acquiring dominion. (447)
ARTICLE 541. A possessor in t he concept of owner has in his f avor t he legal presumpt ion t hat he
possesses wit h a just t it le and he cannot be obliged t o show or prove it . (448a)
ARTICLE 542. The possession of real propert y presumes t hat of t he movables t herein, so long as
it is not shown or proved t hat t hey should be excluded. (449)
ARTICLE 543. Each one of t he part icipant s of a t hing possessed in common shall be deemed t o
have exclusively possessed t he part which may be allot t ed t o him upon t he division t hereof , f or
t he ent ire period during which t he co-possession last ed. Int errupt ion in t he possession of t he
whole or a part of a t hing possessed in common shall be t o t he prejudice of all t he possessors.
However, in case of civil int errupt ion, t he Rules of Court shall apply. (450a)
ARTICLE 544. A possessor in good f ait h is ent it led t o t he f ruit s received bef ore t he possession is
legally int errupt ed.
Nat ural and indust rial f ruit s are considered received f rom t he t ime t hey are gat hered or severed.
Civil f ruit s are deemed t o accrue daily and belong t o t he possessor in good f ait h in t hat proport ion.
(451)
ARTICLE 545. If at t he t ime t he good f ait h ceases, t here should be any nat ural or indust rial f ruit s,
t he possessor shall have a right t o a part of t he expenses of cult ivat ion, and t o a part of t he net
harvest , bot h in proport ion t o t he t ime of t he possession.
The charges shall be divided on t he same basis by t he t wo possessors.
The owner of t he t hing may, should he so desire, give t he possessor in good f ait h t he right t o
f inish t he cult ivat ion and gat hering of t he growing f ruit s, as an indemnit y f or his part of t he
expenses of cult ivat ion and t he net proceeds; t he possessor in good f ait h who f or any reason
what ever should ref use t o accept t his concession, shall lose t he right t o be indemnif ied in any
ot her manner. (452a)
ARTICLE 546. Necessary expenses shall be ref unded t o every possessor; but only t he possessor
in good f ait h may ret ain t he t hing unt il he has been reimbursed t heref or.
Usef ul expenses shall be ref unded only t o t he possessor in good f ait h wit h t he same right of
ret ent ion, t he person who has def eat ed him in t he possession having t he opt ion of ref unding t he
amount of t he expenses or of paying t he increase in value which t he t hing may have acquired by
reason t hereof . (453a)
ARTICLE 547. If t he usef ul improvement s can be removed wit hout damage t o t he principal t hing,
t he possessor in good f ait h may remove t hem, unless t he person who recovers t he possession
exercises t he opt ion under paragraph 2 of t he preceding art icle. (n)
ARTICLE 548. Expenses f or pure luxury or mere pleasure shall not be ref unded t o t he possessor in
good f ait h; but he may remove t he ornament s wit h which he has embellished t he principal t hing if it
suf f ers no injury t hereby, and if his successor in t he possession does not pref er t o ref und t he
amount expended. (454)
ARTICLE 549. The possessor in bad f ait h shall reimburse t he f ruit s received and t hose which t he
legit imat e possessor could have received, and shall have a right only t o t he expenses ment ioned in
paragraph 1 of art icle 546 and in art icle 443. The expenses incurred in improvement s f or pure
luxury or mere pleasure shall not be ref unded t o t he possessor in bad f ait h; but he may remove t he
object s f or which such expenses have been incurred, provided t hat t he t hing suf f ers no injury
t hereby, and t hat t he lawf ul possessor does not pref er t o ret ain t hem by paying t he value t hey
may have at t he t ime he ent ers int o possession. (455a)
ARTICLE 550. The cost s of lit igat ion over t he propert y shall be borne by every possessor. (n)
ARTICLE 551. Improvement s caused by Nat ure or t ime shall always inure t o t he benef it of t he
person who has succeeded in recovering possession. (456)
ARTICLE 552. A possessor in good f ait h shall not be liable f or t he det eriorat ion or loss of t he t hing
possessed, except in cases in which it is proved t hat he has act ed wit h f raudulent int ent or
negligence, af t er t he judicial summons.
A possessor in bad f ait h shall be liable f or det eriorat ion or loss in every case, even if caused by a
f ort uit ous event . (457a)
ARTICLE 553. One who recovers possession shall not be obliged t o pay f or improvement s which
have ceased t o exist at t he t ime he t akes possession of t he t hing. (458)
ARTICLE 554. A present possessor who shows his possession at some previous t ime, is presumed
t o have held possession also during t he int ermediat e period, in t he absence of proof t o t he
cont rary. (459)
ARTICLE 555. A possessor may lose his possession:
(1) By t he abandonment of t he t hing;
(2) By an assignment made t o anot her eit her by onerous or grat uit ous t it le;
(3) By t he dest ruct ion or t ot al loss of t he t hing, or because it goes out of commerce;
(4) By t he possession of anot her, subject t o t he provisions of art icle 537, if t he new possession
has last ed longer t han one year. But t he real right of possession is not lost t ill af t er t he lapse of
t en years. (460a)
ARTICLE 556. The possession of movables is not deemed lost so long as t hey remain under t he
cont rol of t he possessor, even t hough f or t he t ime being he may not know t heir whereabout s.
(461)
ARTICLE 557. The possession of immovables and of real right s is not deemed lost , or t ransf erred
f or purposes of prescript ion t o t he prejudice of t hird persons, except in accordance wit h t he
provisions of t he Mort gage Law and t he Land Regist rat ion laws. (462a)
ARTICLE 558. Act s relat ing t o possession, execut ed or agreed t o by one who possesses a t hing
belonging t o anot her as a mere holder t o enjoy or keep it , in any charact er, do not bind or prejudice
t he owner, unless he gave said holder express aut horit y t o do such act s, or rat if ies t hem
subsequent ly. (463)
ARTICLE 559. The possession of movable propert y acquired in good f ait h is equivalent t o a t it le.
Nevert heless, one who has lost any movable or has been unlawf ully deprived t hereof , may recover
it f rom t he person in possession of t he same.
If t he possessor of a movable lost or which t he owner has been unlawf ully deprived, has acquired
it in good f ait h at a public sale, t he owner cannot obt ain it s ret urn wit hout reimbursing t he price
paid t heref or. (464a)
ARTICLE 560. Wild animals are possessed only while t hey are under ones cont rol; domest icat ed or
t amed animals are considered domest ic or t ame, if t hey ret ain t he habit of ret urning t o t he
premises of t he possessor. (465)
ARTICLE 561. One who recovers, according t o law, possession unjust ly lost , shall be deemed f or
all purposes which may redound t o his benef it , t o have enjoyed it wit hout int errupt ion. (466)
TITLE VI
Usuf ruct
CHAPTER 1
Usuf ruct in General
ARTICLE 562. Usuf ruct gives a right t o enjoy t he propert y of anot her wit h t he obligat ion of
preserving it s f orm and subst ance, unless t he t it le const it ut ing it or t he law ot herwise provides.
(467)
ARTICLE 563. Usuf ruct is const it ut ed by law, by t he will of privat e persons expressed in act s int er
vivos or in a last will and t est ament , and by prescript ion. (468)
ARTICLE 564. Usuf ruct may be const it ut ed on t he whole or a part of t he f ruit s of t he t hing, in
f avor of one or more persons, simult aneously or successively, and in every case f rom or t o a
cert ain day, purely or condit ionally. It may also be const it ut ed on a right , provided it is not st rict ly
personal or int ransmissible. (469)
ARTICLE 565. The right s and obligat ions of t he usuf ruct uary shall be t hose provided in t he t it le
const it ut ing t he usuf ruct ; in def ault of such t it le, or in case it is def icient , t he provisions cont ained
in t he t wo f ollowing Chapt ers shall be observed. (470)
CHAPTER 2
Right s of t he Usuf ruct uary
ARTICLE 566. The usuf ruct uary shall be ent it led t o all t he nat ural, indust rial and civil f ruit s of t he
propert y in usuf ruct . Wit h respect t o hidden t reasure which may be f ound on t he land or t enement ,
he shall be considered a st ranger. (471)
ARTICLE 567. Nat ural or indust rial f ruit s growing at t he t ime t he usuf ruct begins, belong t o t he
usuf ruct uary.
Those growing at t he t ime t he usuf ruct t erminat es, belong t o t he owner.
In t he preceding cases, t he usuf ruct uary, at t he beginning of t he usuf ruct , has no obligat ion t o
ref und t o t he owner any expenses incurred; but t he owner shall be obliged t o reimburse at t he
t erminat ion of t he usuf ruct , f rom t he proceeds of t he growing f ruit s, t he ordinary expenses of
cult ivat ion, f or seed, and ot her similar expenses incurred by t he usuf ruct uary.
The provisions of t his art icle shall not prejudice t he right s of t hird persons, acquired eit her at t he
beginning or at t he t erminat ion of t he usuf ruct . (472)
ARTICLE 568. If t he usuf ruct uary has leased t he lands or t enement s given in usuf ruct , and t he
usuf ruct should expire bef ore t he t erminat ion of t he lease, he or his heirs and successors shall
receive only t he proport ionat e share of t he rent t hat must be paid by t he lessee. (473)
ARTICLE 569. Civil f ruit s are deemed t o accrue daily, and belong t o t he usuf ruct uary in proport ion
t o t he t ime t he usuf ruct may last . (474)
ARTICLE 570. Whenever a usuf ruct is const it ut ed on t he right t o receive a rent or periodical
pension, whet her in money or in f ruit s, or in t he int erest on bonds or securit ies payable t o bearer,
each payment due shall be considered as t he proceeds or f ruit s of such right .
Whenever it consist s in t he enjoyment of benef it s accruing f rom a part icipat ion in any indust rial or
commercial ent erprise, t he dat e of t he dist ribut ion of which is not f ixed, such benef it s shall have
t he same charact er.
In eit her case t hey shall be dist ribut ed as civil f ruit s, and shall be applied in t he manner prescribed in
t he preceding art icle. (475)
ARTICLE 571. The usuf ruct uary shall have t he right t o enjoy any increase which t he t hing in
usuf ruct may acquire t hrough accession, t he servit udes est ablished in it s f avor, and, in general, all
t he benef it s inherent t herein. (479)
ARTICLE 572. The usuf ruct uary may personally enjoy t he t hing in usuf ruct , lease it t o anot her, or
alienat e his right of usuf ruct , even by a grat uit ous t it le; but all t he cont ract s he may ent er int o as
such usuf ruct uary shall t erminat e upon t he expirat ion of t he usuf ruct , saving leases of rural lands,
which shall be considered as subsist ing during t he agricult ural year. (480)
ARTICLE 573. Whenever t he usuf ruct includes t hings which, wit hout being consumed, gradually
det eriorat e t hrough wear and t ear, t he usuf ruct uary shall have t he right t o make use t hereof in
accordance wit h t he purpose f or which t hey are int ended, and shall not be obliged t o ret urn t hem
at t he t erminat ion of t he usuf ruct except in t heir condit ion at t hat t ime; but he shall be obliged t o
indemnif y t he owner f or any det eriorat ion t hey may have suf f ered by reason of his f raud or
negligence. (481)
ARTICLE 574. Whenever t he usuf ruct includes t hings which cannot be used wit hout being
consumed, t he usuf ruct uary shall have t he right t o make use of t hem under t he obligat ion of
paying t heir appraised value at t he t erminat ion of t he usuf ruct , if t hey were appraised when
delivered. In case t hey were not appraised, he shall have t he right t o ret urn t he same quant it y and
qualit y, or pay t heir current price at t he t ime t he usuf ruct ceases. (482)
ARTICLE 575. The usuf ruct uary of f ruit -bearing t rees and shrubs may make use of t he dead
t runks, and even of t hose cut of f or uproot ed by accident , under t he obligat ion t o replace t hem
wit h new plant s. (483a)
ARTICLE 576. If in consequence of a calamit y or ext raordinary event , t he t rees or shrubs shall have
disappeared in such considerable number t hat it would not be possible or it would be t oo
burdensome t o replace t hem, t he usuf ruct uary may leave t he dead, f allen or uproot ed t runks at
t he disposal of t he owner, and demand t hat t he lat t er remove t hem and clear t he land. (484a)
ARTICLE 577. The usuf ruct uary of woodland may enjoy all t he benef it s which it may produce
according t o it s nat ure.
If t he woodland is a copse or consist s of t imber f or building, t he usuf ruct uary may do such ordinary
cut t ing or f elling as t he owner was in t he habit of doing, and in def ault of t his, he may do so in
accordance wit h t he cust om of t he place, as t o t he manner, amount and season.
In any case t he f elling or cut t ing of t rees shall be made in such manner as not t o prejudice t he
preservat ion of t he land.
In nurseries, t he usuf ruct uary may make t he necessary t hinnings in order t hat t he remaining t rees
may properly grow.
Wit h t he except ion of t he provisions of t he preceding paragraphs, t he usuf ruct uary cannot cut
down t rees unless it be t o rest ore or improve some of t he t hings in usuf ruct , and in such case he
shall f irst inf orm t he owner of t he necessit y f or t he work. (485)
ARTICLE 578. The usuf ruct uary of an act ion t o recover real propert y or a real right , or any movable
propert y, has t he right t o bring t he act ion and t o oblige t he owner t hereof t o give him t he aut horit y
f or t his purpose and t o f urnish him what ever proof he may have. If in consequence of t he
enf orcement of t he act ion he acquires t he t hing claimed, t he usuf ruct shall be limit ed t o t he f ruit s,
t he dominion remaining wit h t he owner. (486)
ARTICLE 579. The usuf ruct uary may make on t he propert y held in usuf ruct such usef ul
improvement s or expenses f or mere pleasure as he may deem proper, provided he does not alt er
it s f orm or subst ance; but he shall have no right t o be indemnif ied t heref or. He may, however,
remove such improvement s, should it be possible t o do so wit hout damage t o t he propert y. (487)
ARTICLE 580. The usuf ruct uary may set of f t he improvement s he may have made on t he propert y
against any damage t o t he same. (488)
ARTICLE 581. The owner of propert y t he usuf ruct of which is held by anot her, may alienat e it , but
he cannot alt er it s f orm or subst ance, or do anyt hing t hereon which may be prejudicial t o t he
usuf ruct uary. (489)
ARTICLE 582. The usuf ruct uary of a part of a t hing held in common shall exercise all t he right s
pert aining t o t he owner t hereof wit h respect t o t he administ rat ion and t he collect ion of f ruit s or
int erest . Should t he co-ownership cease by reason of t he division of t he t hing held in common, t he
usuf ruct of t he part allot t ed t o t he co-owner shall belong t o t he usuf ruct uary. (490)
CHAPTER 3
Obligat ions of t he Usuf ruct uary
ARTICLE 583. The usuf ruct uary, bef ore ent ering upon t he enjoyment of t he propert y, is obliged:
Idomru
(1) To make, af t er not ice t o t he owner or his legit imat e represent at ive, an invent ory of all t he
propert y, which shall cont ain an appraisal of t he movables and a descript ion of t he condit ion of
t he immovables;
(2) To give securit y, binding himself t o f ulf ill t he obligat ions imposed upon him in accordance wit h
t his Chapt er. (491)
ARTICLE 584. The provisions of No. 2 of t he preceding art icle shall not apply t o t he donor who has
reserved t he usuf ruct of t he propert y donat ed, or t o t he parent s who are usuf ruct uaries of t heir
childrens propert y, except when t he parent s cont ract a second marriage. (492a)
ARTICLE 585. The usuf ruct uary, what ever may be t he t it le of t he usuf ruct , may be excused f rom
t he obligat ion of making an invent ory or of giving securit y, when no one will be injured t hereby.
(493)
ARTICLE 586. Should t he usuf ruct uary f ail t o give securit y in t he cases in which he is bound t o give
it , t he owner may demand t hat t he immovables be placed under administ rat ion, t hat t he movables
be sold, t hat t he public bonds, inst rument s of credit payable t o order or t o bearer be convert ed
int o regist ered cert if icat es or deposit ed in a bank or public inst it ut ion, and t hat t he capit al or sums
in cash and t he proceeds of t he sale of t he movable propert y be invest ed in saf e securit ies.
The int erest on t he proceeds of t he sale of t he movables and t hat on public securit ies and bonds,
and t he proceeds of t he propert y placed under administ rat ion, shall belong t o t he usuf ruct uary.
Furt hermore, t he owner may, if he so pref ers, unt il t he usuf ruct uary gives securit y or is excused
f rom so doing, ret ain in his possession t he propert y in usuf ruct as administ rat or, subject t o t he
obligat ion t o deliver t o t he usuf ruct uary t he net proceeds t hereof , af t er deduct ing t he sums which
may be agreed upon or judicially allowed him f or such administ rat ion. (494)
ARTICLE 587. If t he usuf ruct uary who has not given securit y claims, by virt ue of a promise under
oat h, t he delivery of t he f urnit ure necessary f or his use, and t hat he and his f amily be allowed t o
live in a house included in t he usuf ruct , t he court may grant t his pet it ion, af t er due considerat ion of
t he f act s of t he case.
The same rule shall be observed wit h respect t o implement s, t ools and ot her movable propert y
necessary f or an indust ry or vocat ion in which he is engaged.
If t he owner does not wish t hat cert ain art icles be sold because of t heir art ist ic wort h or because
t hey have a sent iment al value, he may demand t heir delivery t o him upon his giving securit y f or t he
payment of t he legal int erest on t heir appraised value. (495)
ARTICLE 588. Af t er t he securit y has been given by t he usuf ruct uary, he shall have a right t o all t he
proceeds and benef it s f rom t he day on which, in accordance wit h t he t it le const it ut ing t he
usuf ruct , he should have commenced t o receive t hem. (496) iisIie
ARTICLE 589. The usuf ruct uary shall t ake care of t he t hings given in usuf ruct as a good f at her of
a f amily. (497) Piiodm
ARTICLE 590. A usuf ruct uary who alienat es or leases his right of usuf ruct shall answer f or any
damage which t he t hings in usuf ruct may suf f er t hrough t he f ault or negligence of t he person who
subst it ut es him. (498)
ARTICLE 591. If t he usuf ruct be const it ut ed on a f lock or herd of livest ock, t he usuf ruct uary shall
be obliged t o replace wit h t he young t hereof t he animals t hat die each year f rom nat ural causes,
or are lost due t o t he rapacit y of beast s of prey.
If t he animals on which t he usuf ruct is const it ut ed should all perish, wit hout t he f ault of t he
usuf ruct uary, on account of some cont agious disease or any ot her uncommon event , t he
usuf ruct uary shall f ulf ill his obligat ion by delivering t o t he owner t he remains which may have been
saved f rom t he misf ort une.
Should t he herd or f lock perish in part , also by accident and wit hout t he f ault of t he usuf ruct uary,
t he usuf ruct shall cont inue on t he part saved.
Should t he usuf ruct be on st erile animals, it shall be considered, wit h respect t o it s ef f ect s, as
t hough const it ut ed on f ungible t hings. (499a)
ARTICLE 592. The usuf ruct uary is obliged t o make t he ordinary repairs needed by t he t hing given
in usuf ruct .
By ordinary repairs are underst ood such as are required by t he wear and t ear due t o t he nat ural
use of t he t hing and are indispensable f or it s preservat ion. Should t he usuf ruct uary f ail t o make
t hem af t er demand by t he owner, t he lat t er may make t hem at t he expense of t he usuf ruct uary.
(500)
ARTICLE 593. Ext raordinary repairs shall be at t he expense of t he owner. The usuf ruct uary is
obliged t o not if y t he owner when t he need f or such repairs is urgent . (501)
ARTICLE 594. If t he owner should make t he ext raordinary repairs, he shall have a right t o demand
of t he usuf ruct uary t he legal int erest on t he amount expended f or t he t ime t hat t he usuf ruct last s.
Should he not make t hem when t hey are indispensable f or t he preservat ion of t he t hing, t he
usuf ruct uary may make t hem; but he shall have a right t o demand of t he owner, at t he t erminat ion
of t he usuf ruct , t he increase in value which t he immovable may have acquired by reason of t he
repairs. (502a)
ARTICLE 595. The owner may const ruct any works and make any improvement s of which t he
immovable in usuf ruct is suscept ible, or make new plant ings t hereon if it be rural, provided t hat
such act s do not cause a diminut ion in t he value of t he usuf ruct or prejudice t he right of t he
usuf ruct uary. (503)
ARTICLE 596. The payment of annual charges and t axes and of t hose considered as a lien on t he
f ruit s, shall be at t he expense of t he usuf ruct uary f or all t he t ime t hat t he usuf ruct last s. (504)
ARTICLE 597. The t axes which, during t he usuf ruct , may be imposed direct ly on t he capit al, shall
be at t he expense of t he owner.
If t he lat t er has paid t hem, t he usuf ruct uary shall pay him t he proper int erest on t he sums which
may have been paid in t hat charact er; and, if t he said sums have been advanced by t he
usuf ruct uary, he shall recover t he amount t hereof at t he t erminat ion of t he usuf ruct . (505)
ARTICLE 598. If t he usuf ruct be const it ut ed on t he whole of a pat rimony, and if at t he t ime of it s
const it ut ion t he owner has debt s, t he provisions of art icles 758 and 759 relat ing t o donat ions shall
be applied, bot h wit h respect t o t he maint enance of t he usuf ruct and t o t he obligat ion of t he
usuf ruct uary t o pay such debt s.
The same rule shall be applied in case t he owner is obliged, at t he t ime t he usuf ruct is const it ut ed,
t o make periodical payment s, even if t here should be no known capit al. (506)
ARTICLE 599. The usuf ruct uary may claim any mat ured credit s which f orm a part of t he usuf ruct if
he has given or gives t he proper securit y. If he has been excused f rom giving securit y or has not
been able t o give it , or if t hat given is not suf f icient , he shall need t he aut horizat ion of t he owner,
or of t he court in def ault t hereof , t o collect such credit s.
The usuf ruct uary who has given securit y may use t he capit al he has collect ed in any manner he
may deem proper. The usuf ruct uary who has not given securit y shall invest t he said capit al at
int erest upon agreement wit h t he owner; in def ault of such agreement , wit h judicial aut horizat ion;
and, in every case, wit h securit y suf f icient t o preserve t he int egrit y of t he capit al in usuf ruct . (507)
ARTICLE 600. The usuf ruct uary of a mort gaged immovable shall not be obliged t o pay t he debt f or
t he securit y of which t he mort gage was const it ut ed.
Should t he immovable be at t ached or sold judicially f or t he payment of t he debt , t he owner shall
be liable t o t he usuf ruct uary f or what ever t he lat t er may lose by reason t hereof . (509)
ARTICLE 601. The usuf ruct uary shall be obliged t o not if y t he owner of any act of a t hird person,
of which he may have knowledge, t hat may be prejudicial t o t he right s of ownership, and he shall
be liable should he not do so, f or damages, as if t hey had been caused t hrough his own f ault . (511)
ARTICLE 602. The expenses, cost s and liabilit ies in suit s brought wit h regard t o t he usuf ruct shall
be borne by t he usuf ruct uary. (512)
CHAPTER 4
Ext inguishment of Usuf ruct
ARTICLE 603. Usuf ruct is ext inguished:
(1) By t he deat h of t he usuf ruct uary, unless a cont rary int ent ion clearly appears;
(2) By t he expirat ion of t he period f or which it was const it ut ed, or by t he f ulf illment of any
resolut ory condit ion provided in t he t it le creat ing t he usuf ruct ;
(3) By merger of t he usuf ruct and ownership in t he same person;
(4) By renunciat ion of t he usuf ruct uary;
(5) By t he t ot al loss of t he t hing in usuf ruct ;
(6) By t he t erminat ion of t he right of t he person const it ut ing t he usuf ruct ;
(7) By prescript ion. (513a)
ARTICLE 604. If t he t hing given in usuf ruct should be lost only in part , t he right shall cont inue on
t he remaining part . (514)
ARTICLE 605. Usuf ruct cannot be const it ut ed in f avor of a t own, corporat ion, or associat ion f or
more t han f if t y years. If it has been const it ut ed, and bef ore t he expirat ion of such period t he t own
is abandoned, or t he corporat ion or associat ion is dissolved, t he usuf ruct shall be ext inguished by
reason t hereof . (515a)
ARTICLE 606. A usuf ruct grant ed f or t he t ime t hat may elapse bef ore a t hird person at t ains a
cert ain age, shall subsist f or t he number of years specif ied, even if t he t hird person should die
bef ore t he period expires, unless such usuf ruct has been expressly grant ed only in considerat ion
of t he exist ence of such person. (516)
ARTICLE 607. If t he usuf ruct is const it ut ed on immovable propert y of which a building f orms part ,
and t he lat t er should be dest royed in any manner what soever, t he usuf ruct uary shall have a right
t o make use of t he land and t he mat erials.
The same rule shall be applied if t he usuf ruct is const it ut ed on a building only and t he same should
be dest royed. But in such a case, if t he owner should wish t o const ruct anot her building, he shall
have a right t o occupy t he land and t o make use of t he mat erials, being obliged t o pay t o t he
usuf ruct uary, during t he cont inuance of t he usuf ruct , t he int erest upon t he sum equivalent t o t he
value of t he land and of t he mat erials. (517)
ARTICLE 608. If t he usuf ruct uary shares wit h t he owner t he insurance of t he t enement given in
usuf ruct , t he f ormer shall, in case of loss, cont inue in t he enjoyment of t he new building, should
one be const ruct ed, or shall receive t he int erest on t he insurance indemnit y if t he owner does not
wish t o rebuild.
Should t he usuf ruct uary have ref used t o cont ribut e t o t he insurance, t he owner insuring t he
t enement alone, t he lat t er shall receive t he f ull amount of t he insurance indemnit y in case of loss,
saving always t he right grant ed t o t he usuf ruct uary in t he preceding art icle. (518a)
ARTICLE 609. Should t he t hing in usuf ruct be expropriat ed f or public use, t he owner shall be
obliged eit her t o replace it wit h anot her t hing of t he same value and of similar condit ions, or t o pay
t he usuf ruct uary t he legal int erest on t he amount of t he indemnit y f or t he whole period of t he
usuf ruct . If t he owner chooses t he lat t er alt ernat ive, he shall give securit y f or t he payment of t he
int erest . (519)
ARTICLE 610. A usuf ruct is not ext inguished by bad use of t he t hing in usuf ruct ; but if t he abuse
should cause considerable injury t o t he owner, t he lat t er may demand t hat t he t hing be delivered
t o him, binding himself t o pay annually t o t he usuf ruct uary t he net proceeds of t he same, af t er
deduct ing t he expenses and t he compensat ion which may be allowed him f or it s administ rat ion.
(520)
ARTICLE 611. A usuf ruct const it ut ed in f avor of several persons living at t he t ime of it s
const it ut ion shall not be ext inguished unt il t he deat h of t he last survivor. (521)
ARTICLE 612. Upon t he t erminat ion of t he usuf ruct , t he t hing in usuf ruct shall be delivered t o t he
owner, wit hout prejudice t o t he right of ret ent ion pert aining t o t he usuf ruct uary or his heirs f or
t axes and ext raordinary expenses which should be reimbursed. Af t er t he delivery has been made,
t he securit y or mort gage shall be cancelled. (522a)
TITLE VII
Easement s or Servit udes
CHAPTER 1
Easement s in General
SECTION 1
Dif f erent Kinds of Easement s
ARTICLE 613. An easement or servit ude is an encumbrance imposed upon an immovable f or t he
benef it of anot her immovable belonging t o a dif f erent owner.
The immovable in f avor of which t he easement is est ablished is called t he dominant est at e; t hat
which is subject t heret o, t he servient est at e. (530)
ARTICLE 614. Servit udes may also be est ablished f or t he benef it of a communit y, or of one or
more persons t o whom t he encumbered est at e does not belong. (531)
ARTICLE 615. Easement s may be cont inuous or discont inuous, apparent or nonapparent .
Cont inuous easement s are t hose t he use of which is or may be incessant , wit hout t he
int ervent ion of any act of man.
Discont inuous easement s are t hose which are used at int ervals and depend upon t he act s of man.
Apparent easement s are t hose which are made known and are cont inually kept in view by ext ernal
signs t hat reveal t he use and enjoyment of t he same.
Nonapparent easement s are t hose which show no ext ernal indicat ion of t heir exist ence. (532)
ARTICLE 616. Easement s are also posit ive or negat ive.
A posit ive easement is one which imposes upon t he owner of t he servient est at e t he obligat ion of
allowing somet hing t o be done or of doing it himself , and a negat ive easement , t hat which
prohibit s t he owner of t he servient est at e f rom doing somet hing which he could lawf ully do if t he
easement did not exist . (533)
ARTICLE 617. Easement s are inseparable f rom t he est at e t o which t hey act ively or passively
belong. (534)
ARTICLE 618. Easement s are indivisible. If t he servient est at e is divided bet ween t wo or more
persons, t he easement is not modif ied, and each of t hem must bear it on t he part which
corresponds t o him.
If it is t he dominant est at e t hat is divided bet ween t wo or more persons, each of t hem may use
t he easement in it s ent iret y, wit hout changing t he place of it s use, or making it more burdensome
in any ot her way. (535)
ARTICLE 619. Easement s are est ablished eit her by law or by t he will of t he owners. The f ormer are
called legal and t he lat t er volunt ary easement s. (536)
SECTION 2
Modes of Acquiring Easement s
ARTICLE 620. Cont inuous and apparent easement s are acquired eit her by virt ue of a t it le or by
prescript ion of t en years. (537a)
ARTICLE 621. In order t o acquire by prescript ion t he easement s ref erred t o in t he preceding art icle,
t he t ime of possession shall be comput ed t hus: in posit ive easement s, f rom t he day on which t he
owner of t he dominant est at e, or t he person who may have made use of t he easement ,
commenced t o exercise it upon t he servient est at e; and in negat ive easement s, f rom t he day on
which t he owner of t he dominant est at e f orbade, by an inst rument acknowledged bef ore a not ary
public, t he owner of t he servient est at e, f rom execut ing an act which would be lawf ul wit hout t he
easement . (538a)
ARTICLE 622. Cont inuous nonapparent easement s, and discont inuous ones, whet her apparent or
not , may be acquired only by virt ue of a t it le. (539)
ARTICLE 623. The absence of a document or proof showing t he origin of an easement which
cannot be acquired by prescript ion may be cured by a deed of recognit ion by t he owner of t he
servient est at e or by a f inal judgment . (540a)
ARTICLE 624. The exist ence of an apparent sign of easement bet ween t wo est at es, est ablished
or maint ained by t he owner of bot h, shall be considered, should eit her of t hem be alienat ed, as a
t it le in order t hat t he easement may cont inue act ively and passively, unless, at t he t ime t he
ownership of t he t wo est at es is divided, t he cont rary should be provided in t he t it le of conveyance
of eit her of t hem, or t he sign af oresaid should be removed bef ore t he execut ion of t he deed. This
provision shall also apply in case of t he division of a t hing owned in common by t wo or more
persons. (541a)
ARTICLE 625. Upon t he est ablishment of an easement , all t he right s necessary f or it s use are
considered grant ed. (542)
ARTICLE 626. The owner of t he dominant est at e cannot use t he easement except f or t he benef it
of t he immovable originally cont emplat ed. Neit her can he exercise t he easement in any ot her
manner t han t hat previously est ablished. (n)
SECTION 3
Right s and Obligat ions of t he Owners of t he Dominant and Servient Est at es
ARTICLE 627. The owner of t he dominant est at e may make, at his own expense, on t he servient
est at e any works necessary f or t he use and preservat ion of t he servit ude, but wit hout alt ering it or
rendering it more burdensome.
For t his purpose he shall not if y t he owner of t he servient est at e, and shall choose t he most
convenient t ime and manner so as t o cause t he least inconvenience t o t he owner of t he servient
est at e. (543a)
ARTICLE 628. Should t here be several dominant est at es, t he owners of all of t hem shall be obliged
t o cont ribut e t o t he expenses ref erred t o in t he preceding art icle, in proport ion t o t he benef it s
which each may derive f rom t he work. Any one who does not wish t o cont ribut e may exempt
himself by renouncing t he easement f or t he benef it of t he ot hers.
If t he owner of t he servient est at e should make use of t he easement in any manner what soever,
he shall also be obliged t o cont ribut e t o t he expenses in t he proport ion st at ed, saving an
agreement t o t he cont rary. (544)
ARTICLE 629. The owner of t he servient est at e cannot impair, in any manner what soever, t he use
of t he servit ude.
Nevert heless, if by reason of t he place originally assigned, or of t he manner est ablished f or t he
use of t he easement , t he same should become very inconvenient t o t he owner of t he servient
est at e, or should prevent him f rom making any import ant works, repairs or improvement s t hereon,
it may be changed at his expense, provided he of f ers anot her place or manner equally convenient
and in such a way t hat no injury is caused t hereby t o t he owner of t he dominant est at e or t o
t hose who may have a right t o t he use of t he easement . (545)
ARTICLE 630. The owner of t he servient est at e ret ains t he ownership of t he port ion on which t he
easement is est ablished, and may use t he same in such a manner as not t o af f ect t he exercise of
t he easement . (n)
SECTION 4
Modes of Ext inguishment of Easement s
ARTICLE 631. Easement s are ext inguished:
(1) By merger in t he same person of t he ownership of t he dominant and servient est at es;
(2) By nonuser f or t en years; wit h respect t o discont inuous easement s, t his period shall be
comput ed f rom t he day on which t hey ceased t o be used; and, wit h respect t o cont inuous
easement s, f rom t he day on which an act cont rary t o t he same t ook place;
(3) When eit her or bot h of t he est at es f all int o such condit ion t hat t he easement cannot be used;
but it shall revive if t he subsequent condit ion of t he est at es or eit her of t hem should again permit
it s use, unless when t he use becomes possible, suf f icient t ime f or prescript ion has elapsed, in
accordance wit h t he provisions of t he preceding number;
(4) By t he expirat ion of t he t erm or t he f ulf illment of t he condit ion, if t he easement is t emporary or
condit ional;
(5) By t he renunciat ion of t he owner of t he dominant est at e;
(6) By t he redempt ion agreed upon bet ween t he owners of t he dominant and servient est at es.
(546a)
ARTICLE 632. The f orm or manner of using t he easement may prescribe as t he easement it self ,
and in t he same way. (547a)
ARTICLE 633. If t he dominant est at e belongs t o several persons in common, t he use of t he
easement by any one of t hem prevent s prescript ion wit h respect t o t he ot hers. (548)
CHAPTER 2
Legal Easement s
SECTION 1
General Provisions
ARTICLE 634. Easement s imposed by law have f or t heir object eit her public use or t he int erest of
privat e persons. (549)
ARTICLE 635. All mat t ers concerning easement s est ablished f or public or communal use shall be
governed by t he special laws and regulat ions relat ing t heret o, and, in t he absence t hereof , by t he
provisions of t his Tit le. (550)
ARTICLE 636. Easement s est ablished by law in t he int erest of privat e persons or f or privat e use
shall be governed by t he provisions of t his Tit le, wit hout prejudice t o t he provisions of general or
local laws and ordinances f or t he general welf are.
These easement s may be modif ied by agreement of t he int erest ed part ies, whenever t he law does
not prohibit it or no injury is suf f ered by a t hird person. (551a)
SECTION 2
Easement s Relat ing t o Wat ers
ARTICLE 637. Lower est at es are obliged t o receive t he wat ers which nat urally and wit hout t he
int ervent ion of man descend f rom t he higher est at es, as well as t he st ones or eart h which t hey
carry wit h t hem.
The owner of t he lower est at e cannot const ruct works which will impede t his easement ; neit her
can t he owner of t he higher est at e make works which will increase t he burden. (552)
ARTICLE 638. The banks of rivers and st reams, even in case t hey are of privat e ownership, are
subject t hroughout t heir ent ire lengt h and wit hin a zone of t hree met ers along t heir margins, t o t he
easement of public use in t he general int erest of navigat ion, f loat age, f ishing and salvage.
Est at es adjoining t he banks of navigable or f loat able rivers are, f urt hermore, subject t o t he
easement of t owpat h f or t he exclusive service of river navigat ion and f loat age.
If it be necessary f or such purpose t o occupy lands of privat e ownership, t he proper indemnit y
shall f irst be paid. (553a)
ARTICLE 639. Whenever f or t he diversion or t aking of wat er f rom a river or brook, or f or t he use of
any ot her cont inuous or discont inuous st ream, it should be necessary t o build a dam, and t he
person who is t o const ruct it is not t he owner of t he banks, or lands which must support it , he may
est ablish t he easement of abut ment of a dam, af t er payment of t he proper indemnit y. (554)
ARTICLE 640. Compulsory easement s f or drawing wat er or f or wat ering animals can be imposed
only f or reasons of public use in f avor of a t own or village, af t er payment of t he proper indemnit y.
(555)
ARTICLE 641. Easement s f or drawing wat er and f or wat ering animals carry wit h t hem t he
obligat ion of t he owners of t he servient est at es t o allow passage t o persons and animals t o t he
place where such easement s are t o be used, and t he indemnit y shall include t his service. (556)
ARTICLE 642. Any person who may wish t o use upon his own est at e any wat er of which he can
dispose shall have t he right t o make it f low t hrough t he int ervening est at es, wit h t he obligat ion t o
indemnif y t heir owners, as well as t he owners of t he lower est at es upon which t he wat ers may
f ilt er or descend. (557)
ARTICLE 643. One desiring t o make use of t he right grant ed in t he preceding art icle is obliged:
(1) To prove t hat he can dispose of t he wat er and t hat it is suf f icient f or t he use f or which it is
int ended;
(2) To show t hat t he proposed right of way is t he most convenient and t he least onerous t o t hird
persons;
(3) To indemnif y t he owner of t he servient est at e in t he manner det ermined by t he laws and
regulat ions. (558)
ARTICLE 644. The easement of aqueduct f or privat e int erest cannot be imposed on buildings,
court yards, annexes, or out houses, or on orchards or gardens already exist ing. (559)
ARTICLE 645. The easement of aqueduct does not prevent t he owner of t he servient est at e f rom
closing or f encing it , or f rom building over t he aqueduct in such manner as not t o cause t he lat t er
any damage, or render necessary repairs and cleanings impossible. (560)
ARTICLE 646. For legal purposes, t he easement of aqueduct shall be considered as cont inuous
and apparent , even t hough t he f low of t he wat er may not be cont inuous, or it s use depends upon
t he needs of t he dominant est at e, or upon a schedule of alt ernat e days or hours. (561)
ARTICLE 647. One who f or t he purpose of irrigat ing or improving his est at e, has t o const ruct a
st op lock or sluice gat e in t he bed of t he st ream f rom which t he wat er is t o be t aken, may demand
t hat t he owners of t he banks permit it s const ruct ion, af t er payment of damages, including t hose
caused by t he new easement t o such owners and t o t he ot her irrigat ors. (562)
ARTICLE 648. The est ablishment , ext ent , f orm and condit ions of t he servit udes of wat ers, t o
which t his sect ion ref ers, shall be governed by t he special laws relat ing t heret o insof ar as no
provision t heref or is made in t his Code. (563a)
SECTION 3
Easement of Right of Way
ARTICLE 649. The owner, or any person who by virt ue of a real right may cult ivat e or use any
immovable, which is surrounded by ot her immovables pert aining t o ot her persons and wit hout
adequat e out let t o a public highway, is ent it led t o demand a right of way t hrough t he neighboring
est at es, af t er payment of t he proper indemnit y.
Should t his easement be est ablished in such a manner t hat it s use may be cont inuous f or all t he
needs of t he dominant est at e, est ablishing a permanent passage, t he indemnit y shall consist of
t he value of t he land occupied and t he amount of t he damage caused t o t he servient est at e.
In case t he right of way is limit ed t o t he necessary passage f or t he cult ivat ion of t he est at e
surrounded by ot hers and f or t he gat hering of it s crops t hrough t he servient est at e wit hout a
permanent way, t he indemnit y shall consist in t he payment of t he damage caused by such
encumbrance.
This easement is not compulsory if t he isolat ion of t he immovable is due t o t he propriet ors own
act s. (564a)
ARTICLE 650. The easement of right of way shall be est ablished at t he point least prejudicial t o
t he servient est at e, and, insof ar as consist ent wit h t his rule, where t he dist ance f rom t he dominant
est at e t o a public highway may be t he short est . (565)
ARTICLE 651. The widt h of t he easement of right of way shall be t hat which is suf f icient f or t he
needs of t he dominant est at e, and may accordingly be changed f rom t ime t o t ime. (566a)
ARTICLE 652. Whenever a piece of land acquired by sale, exchange or part it ion, is surrounded by
ot her est at es of t he vendor, exchanger, or co-owner, he shall be obliged t o grant a right of way
wit hout indemnit y.
In case of a simple donat ion, t he donor shall be indemnif ied by t he donee f or t he est ablishment of
t he right of way. (567a)
ARTICLE 653. In t he case of t he preceding art icle, if it is t he land of t he grant or t hat becomes
isolat ed, he may demand a right of way af t er paying an indemnit y. However, t he donor shall not be
liable f or indemnit y. (n)
ARTICLE 654. If t he right of way is permanent , t he necessary repairs shall be made by t he owner of
t he dominant est at e. A proport ionat e share of t he t axes shall be reimbursed by said owner t o t he
propriet or of t he servient est at e. (n)
ARTICLE 655. If t he right of way grant ed t o a surrounded est at e ceases t o be necessary because
it s owner has joined it t o anot her abut t ing on a public road, t he owner of t he servient est at e may
demand t hat t he easement be ext inguished, ret urning what he may have received by way of
indemnit y. The int erest on t he indemnit y shall be deemed t o be in payment of rent f or t he use of
t he easement .
The same rule shall be applied in case a new road is opened giving access t o t he isolat ed est at e.
In bot h cases, t he public highway must subst ant ially meet t he needs of t he dominant est at e in
order t hat t he easement may be ext inguished. (568a)
ARTICLE 656. If it be indispensable f or t he const ruct ion, repair, improvement , alt erat ion or
beaut if icat ion of a building, t o carry mat erials t hrough t he est at e of anot her, or t o raise t herein
scaf f olding or ot her object s necessary f or t he work, t he owner of such est at e shall be obliged t o
permit t he act , af t er receiving payment of t he proper indemnit y f or t he damage caused him. (569a)
ARTICLE 657. Easement s of t he right of way f or t he passage of livest ock known as animal pat h,
animal t rail or any ot her, and t hose f or wat ering places, rest ing places and animal f olds, shall be
governed by t he ordinances and regulat ions relat ing t heret o, and, in t he absence t hereof , by t he
usages and cust oms of t he place.
Wit hout prejudice t o right s legally acquired, t he animal pat h shall not exceed in any case t he widt h
of 75 met ers, and t he animal t rail t hat of 37 met ers and 50 cent imet ers.
Whenever it is necessary t o est ablish a compulsory easement of t he right of way or f or a wat ering
place f or animals, t he provisions of t his Sect ion and t hose of art icles 640 and 641 shall be
observed. In t his case t he widt h shall not exceed 10 met ers. (570a)
SECTION 4
Easement of Part y Wall
ARTICLE 658. The easement of part y wall shall be governed by t he provisions of t his Tit le, by t he
local ordinances and cust oms insof ar as t hey do not conf lict wit h t he same, and by t he rules of
co-ownership. (571a)
ARTICLE 659. The exist ence of an easement of part y wall is presumed, unless t here is a t it le, or
ext erior sign, or proof t o t he cont rary:
(1) In dividing walls of adjoining buildings up t o t he point of common elevat ion;
(2) In dividing walls of gardens or yards sit uat ed in cit ies, t owns, or in rural communit ies;
(3) In f ences, walls and live hedges dividing rural lands. (572)
ARTICLE 660. It is underst ood t hat t here is an ext erior sign, cont rary t o t he easement of part y wall:
(1) Whenever in t he dividing wall of buildings t here is a window or opening;
(2) Whenever t he dividing wall is, on one side, st raight and plumb on all it s f acement , and on t he
ot her, it has similar condit ions on t he upper part , but t he lower part slant s or project s out ward;
(3) Whenever t he ent ire wall is built wit hin t he boundaries of one of t he est at es;
(4) Whenever t he dividing wall bears t he burden of t he binding beams, f loors and roof f rame of one
of t he buildings, but not t hose of t he ot hers;
(5) Whenever t he dividing wall bet ween court yards, gardens, and t enement s is const ruct ed in such
a way t hat t he coping sheds t he wat er upon only one of t he est at es;
(6) Whenever t he dividing wall, being built of masonry, has st epping st ones, which at cert ain
int ervals project f rom t he surf ace on one side only, but not on t he ot her;
(7) Whenever lands inclosed by f ences or live hedges adjoin ot hers which are not inclosed.
In all t hese cases, t he ownership of t he walls, f ences or hedges shall be deemed t o belong
exclusively t o t he owner of t he propert y or t enement which has in it s f avor t he presumpt ion based
on any one of t hese signs. (573)
ARTICLE 661. Dit ches or drains opened bet ween t wo est at es are also presumed as common t o
bot h, if t here is no t it le or sign showing t he cont rary.
There is a sign cont rary t o t he part -ownership whenever t he eart h or dirt removed t o open t he
dit ch or t o clean it is only on one side t hereof , in which case t he ownership of t he dit ch shall
belong exclusively t o t he owner of t he land having t his ext erior sign in it s f avor. (574)
ARTICLE 662. The cost of repairs and const ruct ion of part y walls and t he maint enance of f ences,
live hedges, dit ches, and drains owned in common, shall be borne by all t he owners of t he lands or
t enement s having t he part y wall in t heir f avor, in proport ion t o t he right of each.
Nevert heless, any owner may exempt himself f rom cont ribut ing t o t his charge by renouncing his
part -ownership, except when t he part y wall support s a building belonging t o him. (575)
ARTICLE 663. If t he owner of a building support ed by a part y wall desires t o demolish t he building,
he may also renounce his part -ownership of t he wall, but t he cost of all repairs and work
necessary t o prevent any damage which t he demolit ion may cause t o t he part y wall, on t his
occasion only, shall be borne by him. (576)
ARTICLE 664. Every owner may increase t he height of t he part y wall, doing so at his own expense
and paying f or any damage which may be caused by t he work, even t hough such damage be
t emporary.
The expenses of maint aining t he wall in t he part newly raised or deepened at it s f oundat ion shall
also be paid f or by him; and, in addit ion, t he indemnit y f or t he increased expenses which may be
necessary f or t he preservat ion of t he part y wall by reason of t he great er height or dept h which
has been given it .
If t he part y wall cannot bear t he increased height , t he owner desiring t o raise it shall be obliged t o
reconst ruct it at his own expense and, if f or t his purpose it be necessary t o make it t hicker, he shall
give t he space required f rom his own land. (577)
ARTICLE 665. The ot her owners who have not cont ribut ed in giving increased height , dept h or
t hickness t o t he wall may, nevert heless, acquire t he right of part -ownership t herein, by paying
proport ionally t he value of t he work at t he t ime of t he acquisit ion and of t he land used f or it s
increased t hickness. (578a)
ARTICLE 666. Every part -owner of a part y wall may use it in proport ion t o t he right he may have in
t he co-ownership, wit hout int erf ering wit h t he common and respect ive uses by t he ot her co-
owners. (579a)
SECTION 5
Easement of Light and View
ARTICLE 667. No part -owner may, wit hout t he consent of t he ot hers, open t hrough t he part y wall
any window or apert ure of any kind. (580)
ARTICLE 668. The period of prescript ion f or t he acquisit ion of an easement of light and view shall
be count ed:
(1) From t he t ime of t he opening of t he window, if it is t hrough a part y wall; or
(2) From t he t ime of t he f ormal prohibit ion upon t he propriet or of t he adjoining land or t enement , if
t he window is t hrough a wall on t he dominant est at e. (n)
ARTICLE 669. When t he dist ances in art icle 670 are not observed, t he owner of a wall which is not
part y wall, adjoining a t enement or piece of land belonging t o anot her, can make in it openings t o
admit light at t he height of t he ceiling joist s or immediat ely under t he ceiling, and of t he size of
t hirt y cent imet ers square, and, in every case, wit h an iron grat ing imbedded in t he wall and wit h a
wire screen.
Nevert heless, t he owner of t he t enement or propert y adjoining t he wall in which t he openings are
made can close t hem should he acquire part -ownership t hereof , if t here be no st ipulat ion t o t he
cont rary.
He can also obst ruct t hem by const ruct ing a building on his land or by raising a wall t hereon
cont iguous t o t hat having such openings, unless an easement of light has been acquired. (581a)
ARTICLE 670. No windows, apert ures, balconies, or ot her similar project ions which af f ord a direct
view upon or t owards an adjoining land or t enement can be made, wit hout leaving a dist ance of
t wo met ers bet ween t he wall in which t hey are made and such cont iguous propert y.
Neit her can side or oblique views upon or t owards such cont erminous propert y be had, unless
t here be a dist ance of sixt y cent imet ers.
The nonobservance of t hese dist ances does not give rise t o prescript ion. (582a)
ARTICLE 671. The dist ances ref erred t o in t he preceding art icle shall be measured in cases of
direct views f rom t he out er line of t he wall when t he openings do not project , f rom t he out er line
of t he lat t er when t hey do, and in cases of oblique view f rom t he dividing line bet ween t he t wo
propert ies. (583)
ARTICLE 672. The provisions of art icle 670 are not applicable t o buildings separat ed by a public
way or alley, which is not less t han t hree met ers wide, subject t o special regulat ions and local
ordinances. (584a)
ARTICLE 673. Whenever by any t it le a right has been acquired t o have direct views, balconies or
belvederes overlooking an adjoining propert y, t he owner of t he servient est at e cannot build
t hereon at less t han a dist ance of t hree met ers t o be measured in t he manner provided in art icle
671. Any st ipulat ion permit t ing dist ances less t han t hose prescribed in art icle 670 is void. (585a)
SECTION 6
Drainage of Buildings
ARTICLE 674. The owner of a building shall be obliged t o const ruct it s roof or covering in such
manner t hat t he rain wat er shall f all on his own land or on a st reet or public place, and not on t he
land of his neighbor, even t hough t he adjacent land may belong t o t wo or more persons, one of
whom is t he owner of t he roof . Even if it should f all on his own land, t he owner shall be obliged t o
collect t he wat er in such a way as not t o cause damage t o t he adjacent land or t enement . (586a)
ARTICLE 675. The owner of a t enement or a piece of land, subject t o t he easement of receiving
wat er f alling f rom roof s, may build in such manner as t o receive t he wat er upon his own roof or
give it anot her out let in accordance wit h local ordinances or cust oms, and in such a way as not t o
cause any nuisance or damage what ever t o t he dominant est at e. (587)
ARTICLE 676. Whenever t he yard or court of a house is surrounded by ot her houses, and it is not
possible t o give an out let t hrough t he house it self t o t he rain wat er collect ed t hereon, t he
est ablishment of an easement of drainage can be demanded, giving an out let t o t he wat er at t he
point of t he cont iguous lands or t enement s where it s egress may be easiest , and est ablishing a
conduit f or t he drainage in such manner as t o cause t he least damage t o t he servient est at e, af t er
payment of t he proper indemnit y. (588)
SECTION 7
Int ermediat e Dist ances and Works f or Cert ain Const ruct ions and Plant ings
ARTICLE 677. No const ruct ions can be built or plant ings made near f ort if ied places or f ort resses
wit hout compliance wit h t he condit ions required in special laws, ordinances, and regulat ions
relat ing t heret o. (589)
ARTICLE 678. No person shall build any aqueduct , well, sewer, f urnace, f orge, chimney, st able,
deposit ory of corrosive subst ances, machinery, or f act ory which by reason of it s nat ure or
product s is dangerous or noxious, wit hout observing t he dist ances prescribed by t he regulat ions
and cust oms of t he place, and wit hout making t he necessary prot ect ive works, subject , in regard
t o t he manner t hereof , t o t he condit ions prescribed by such regulat ions. These prohibit ions
cannot be alt ered or renounced by st ipulat ion on t he part of t he adjoining propriet ors.
In t he absence of regulat ions, such precaut ions shall be t aken as may be considered necessary, in
order t o avoid any damage t o t he neighboring lands or t enement s. (590a)
ARTICLE 679. No t rees shall be plant ed near a t enement or piece of land belonging t o anot her
except at t he dist ance aut horized by t he ordinances or cust oms of t he place, and, in t he absence
t hereof , at a dist ance of at least t wo met ers f rom t he dividing line of t he est at es if t all t rees are
plant ed and at a dist ance of at least f if t y cent imet ers if shrubs or small t rees are plant ed.
Every landowner shall have t he right t o demand t hat t rees hereaf t er plant ed at a short er dist ance
f rom his land or t enement be uproot ed.
The provisions of t his art icle also apply t o t rees which have grown spont aneously. (591a)
ARTICLE 680. If t he branches of any t ree should ext end over a neighboring est at e, t enement ,
garden or yard, t he owner of t he lat t er shall have t he right t o demand t hat t hey be cut of f insof ar
as t hey may spread over his propert y, and, if it be t he root s of a neighboring t ree which should
penet rat e int o t he land of anot her, t he lat t er may cut t hem of f himself wit hin his propert y. (592)
ARTICLE 681. Fruit s nat urally f alling upon adjacent land belong t o t he owner of said land. (n)
nEoimi
SECTION 8
Easement Against Nuisance (n)
ARTICLE 682. Every building or piece of land is subject t o t he easement which prohibit s t he
propriet or or possessor f rom commit t ing nuisance t hrough noise, jarring, of f ensive odor, smoke,
heat , dust , wat er, glare and ot her causes.
ARTICLE 683. Subject t o zoning, healt h, police and ot her laws and regulat ions, f act ories and
shops may be maint ained provided t he least possible annoyance is caused t o t he neighborhood.
SECTION 9
Lat eral and Subjacent Support (n)
ARTICLE 684. No propriet or shall make such excavat ions upon his land as t o deprive any adjacent
land or building of suf f icient lat eral or subjacent support .
ARTICLE 685. Any st ipulat ion or t est ament ary provision allowing excavat ions t hat cause danger t o
an adjacent land or building shall be void.
ARTICLE 686. The legal easement of lat eral and subjacent support is not only f or buildings
st anding at t he t ime t he excavat ions are made but also f or const ruct ions t hat may be erect ed.
ARTICLE 687. Any propriet or int ending t o make any excavat ion cont emplat ed in t he t hree
preceding art icles shall not if y all owners of adjacent lands.
CHAPTER 3
Volunt ary Easement s
ARTICLE 688. Every owner of a t enement or piece of land may est ablish t hereon t he easement s
which he may deem suit able, and in t he manner and f orm which he may deem best , provided he
does not cont ravene t he laws, public policy or public order. (594)
ARTICLE 689. The owner of a t enement or piece of land, t he usuf ruct of which belongs t o
anot her, may impose t hereon, wit hout t he consent of t he usuf ruct uary, any servit udes which will
not injure t he right of usuf ruct . (595)
ARTICLE 690. Whenever t he naked ownership of a t enement or piece of land belongs t o one
person and t he benef icial ownership t o anot her, no perpet ual volunt ary easement may be
est ablished t hereon wit hout t he consent of bot h owners. (596)
ARTICLE 691. In order t o impose an easement on an undivided t enement , or piece of land, t he
consent of all t he co-owners shall be required.
The consent given by some only, must be held in abeyance unt il t he last one of all t he co-owners
shall have expressed his conf ormit y.
But t he consent given by one of t he co-owners separat ely f rom t he ot hers shall bind t he grant or
and his successors not t o prevent t he exercise of t he right grant ed. (597a)
ARTICLE 692. The t it le and, in a proper case, t he possession of an easement acquired by
prescript ion shall det ermine t he right s of t he dominant est at e and t he obligat ions of t he servient
est at e. In def ault t hereof , t he easement shall be governed by such provisions of t his Tit le as are
applicable t heret o. (598)
ARTICLE 693. If t he owner of t he servient est at e should have bound himself , upon t he
est ablishment of t he easement , t o bear t he cost of t he work required f or t he use and preservat ion
t hereof , he may f ree himself f rom t his obligat ion by renouncing his propert y t o t he owner of t he
dominant est at e. (599)
TITLE VIII
Nuisance (n)
ARTICLE 694. A nuisance is any act , omission, est ablishment , business, condit ion of propert y, or
anyt hing else which:
(1) Injures or endangers t he healt h or saf et y of ot hers; or
(2) Annoys or of f ends t he senses; or
(3) Shocks, def ies or disregards decency or moralit y; or
(4) Obst ruct s or int erf eres wit h t he f ree passage of any public highway or st reet , or any body of
wat er; or
(5) Hinders or impairs t he use of propert y.
ARTICLE 695. Nuisance is eit her public or privat e. A public nuisance af f ect s a communit y or
neighborhood or any considerable number of persons, alt hough t he ext ent of t he annoyance,
danger or damage upon individuals may be unequal. A privat e nuisance is one t hat is not included
in t he f oregoing def init ion.
ARTICLE 696. Every successive owner or possessor of propert y who f ails or ref uses t o abat e a
nuisance in t hat propert y st art ed by a f ormer owner or possessor is liable t heref or in t he same
manner as t he one who creat ed it .
ARTICLE 697. The abat ement of a nuisance does not preclude t he right of any person injured t o
recover damages f or it s past exist ence.
ARTICLE 698. Lapse of t ime cannot legalize any nuisance, whet her public or privat e.
ARTICLE 699. The remedies against a public nuisance are:
(1) A prosecut ion under t he Penal Code or any local ordinance: or
(2) A civil act ion; or
(3) Abat ement , wit hout judicial proceedings.
ARTICLE 700. The dist rict healt h of f icer shall t ake care t hat one or all of t he remedies against a
public nuisance are availed of .
ARTICLE 701. If a civil act ion is brought by reason of t he maint enance of a public nuisance, such
act ion shall be commenced by t he cit y or municipal mayor.
ARTICLE 702. The dist rict healt h of f icer shall det ermine whet her or not abat ement , wit hout judicial
proceedings, is t he best remedy against a public nuisance.
ARTICLE 703. A privat e person may f ile an act ion on account of a public nuisance, if it is specially
injurious t o himself .
ARTICLE 704. Any privat e person may abat e a public nuisance which is specially injurious t o him by
removing, or if necessary, by dest roying t he t hing which const it ut es t he same, wit hout commit t ing
a breach of t he peace, or doing unnecessary injury. But it is necessary:
(1) That demand be f irst made upon t he owner or possessor of t he propert y t o abat e t he
nuisance;
(2) That such demand has been reject ed;
(3) That t he abat ement be approved by t he dist rict healt h of f icer and execut ed wit h t he
assist ance of t he local police; and
(4) That t he value of t he dest ruct ion does not exceed t hree t housand pesos.
ARTICLE 705. The remedies against a privat e nuisance are:
(1) A civil act ion; or
(2) Abat ement , wit hout judicial proceedings.
ARTICLE 706. Any person injured by a privat e nuisance may abat e it by removing, or if necessary,
by dest roying t he t hing which const it ut es t he nuisance, wit hout commit t ing a breach of t he peace
or doing unnecessary injury. However, it is indispensable t hat t he procedure f or ext rajudicial
abat ement of a public nuisance by a privat e person be f ollowed.
ARTICLE 707. A privat e person or a public of f icial ext rajudicially abat ing a nuisance shall be liable
f or damages:
(1) If he causes unnecessary injury; or
(2) If an alleged nuisance is lat er declared by t he court s t o be not a real nuisance.
TITLE IX
Regist ry of Propert y
ARTICLE 708. The Regist ry of Propert y has f or it s object t he inscript ion or annot at ion of act s and
cont ract s relat ing t o t he ownership and ot her right s over immovable propert y. (605)
ARTICLE 709. The t it les of ownership, or of ot her right s over immovable propert y, which are not
duly inscribed or annot at ed in t he Regist ry of Propert y shall not prejudice t hird persons. (606)
ARTICLE 710. The books in t he Regist ry of Propert y shall be public f or t hose who have a known
int erest in ascert aining t he st at us of t he immovables or real right s annot at ed or inscribed t herein.
(607)
ARTICLE 711. For det ermining what t it les are subject t o inscript ion or annot at ion, as well as t he
f orm, ef f ect s, and cancellat ion of inscript ions and annot at ions, t he manner of keeping t he books
in t he Regist ry, and t he value of t he ent ries cont ained in said books, t he provisions of t he
Mort gage Law, t he Land Regist rat ion Act , and ot her special laws shall govern. (608a)
BOOK III
Dif f erent Modes of Acquiring Ownership
Preliminary Provision
ARTICLE 712. Ownership is acquired by occupat ion and by int ellect ual creat ion.
Ownership and ot her real right s over propert y are acquired and t ransmit t ed by law, by donat ion, by
t est at e and int est at e succession, and in consequence of cert ain cont ract s, by t radit ion.
They may also be acquired by means of prescript ion. (609a)
TITLE I
Occupat ion
ARTICLE 713. Things appropriable by nat ure which are wit hout an owner, such as animals t hat are
t he object of hunt ing and f ishing, hidden t reasure and abandoned movables, are acquired by
occupat ion. (610)
ARTICLE 714. The ownership of a piece of land cannot be acquired by occupat ion. (n)
ARTICLE 715. The right t o hunt and t o f ish is regulat ed by special laws. (611)
ARTICLE 716. The owner of a swarm of bees shall have a right t o pursue t hem t o anot hers land,
indemnif ying t he possessor of t he lat t er f or t he damage. If t he owner has not pursued t he swarm,
or ceases t o do so wit hin t wo consecut ive days, t he possessor of t he land may occupy or ret ain
t he same. The owner of domest icat ed animals may also claim t hem wit hin t went y days t o be
count ed f rom t heir occupat ion by anot her person. This period having expired, t hey shall pert ain t o
him who has caught and kept t hem. (612a)
ARTICLE 717. Pigeons and f ish which f rom t heir respect ive breeding places pass t o anot her
pert aining t o a dif f erent owner shall belong t o t he lat t er, provided t hey have not been ent iced by
some art icle or f raud. (613a)
ARTICLE 718. He who by chance discovers hidden t reasure in anot hers propert y shall have t he
right grant ed him in art icle 438 of t his Code. (614)
ARTICLE 719. Whoever f inds a movable, which is not t reasure, must ret urn it t o it s previous
possessor. If t he lat t er is unknown, t he f inder shall immediat ely deposit it wit h t he mayor of t he cit y
or municipalit y where t he f inding has t aken place.
The f inding shall be publicly announced by t he mayor f or t wo consecut ive weeks in t he way he
deems best .
If t he movable cannot be kept wit hout det eriorat ion, or wit hout expenses which considerably
diminish it s value, it shall be sold at public auct ion eight days af t er t he publicat ion.
Six mont hs f rom t he publicat ion having elapsed wit hout t he owner having appeared, t he t hing
f ound, or it s value, shall be awarded t o t he f inder. The f inder and t he owner shall be obliged, as t he
case may be, t o reimburse t he expenses. (615a)
ARTICLE 720. If t he owner should appear in t ime, he shall be obliged t o pay, as a reward t o t he
f inder, one-t ent h of t he sum or of t he price of t he t hing f ound. (616a)
TITLE II
Int ellect ual Creat ion
ARTICLE 721. By int ellect ual creat ion, t he f ollowing persons acquire ownership:
(1) The aut hor wit h regard t o his lit erary, dramat ic, hist orical, legal, philosophical, scient if ic or ot her
work;
(2) The composer, as t o his musical composit ion;
(3) The paint er, sculpt or, or ot her art ist , wit h respect t o t he product of his art ;
(4) The scient ist or t echnologist or any ot her person wit h regard t o his discovery or invent ion. (n)
ARTICLE 722. The aut hor and t he composer, ment ioned in Nos. 1 and 2 of t he preceding art icle,
shall have t he ownership of t heir creat ions even bef ore t he publicat ion of t he same. Once t heir
works are published, t heir right s are governed by t he Copyright laws.
The paint er, sculpt or or ot her art ist shall have dominion over t he product of his art even bef ore it
is copyright ed.
The scient ist or t echnologist has t he ownership of his discovery or invent ion even bef ore it is
pat ent ed. (n)
ARTICLE 723. Let t ers and ot her privat e communicat ions in writ ing are owned by t he person t o
whom t hey are addressed and delivered, but t hey cannot be published or disseminat ed wit hout t he
consent of t he writ er or his heirs. However, t he court may aut horize t heir publicat ion or
disseminat ion if t he public good or t he int erest of just ice so requires. (n)
ARTICLE 724. Special laws govern copyright and pat ent . (429a)
TITLE III
Donat ion
CHAPTER 1
Nat ure of Donat ions
ARTICLE 725. Donat ion is an act of liberalit y whereby a person disposes grat uit ously of a t hing or
right in f avor of anot her, who accept s it . (618a)
ARTICLE 726. When a person gives t o anot her a t hing or right on account of t he lat t ers merit s or
of t he services rendered by him t o t he donor, provided t hey do not const it ut e a demandable debt ,
or when t he gif t imposes upon t he donee a burden which is less t han t he value of t he t hing given,
t here is also a donat ion. (619)
ARTICLE 727. Illegal or impossible condit ions in simple and remunerat ory donat ions shall be
considered as not imposed. (n)
ARTICLE 728. Donat ions which are t o t ake ef f ect upon t he deat h of t he donor part ake of t he
nat ure of t est ament ary provisions, and shall be governed by t he rules est ablished in t he Tit le on
Succession. (620)
ARTICLE 729. When t he donor int ends t hat t he donat ion shall t ake ef f ect during t he lif et ime of
t he donor, t hough t he propert y shall not be delivered t ill af t er t he donors deat h, t his shall be a
donat ion int er vivos. The f ruit s of t he propert y f rom t he t ime of t he accept ance of t he donat ion,
shall pert ain t o t he donee, unless t he donor provides ot herwise. (n)
ARTICLE 730. The f ixing of an event or t he imposit ion of a suspensive condit ion, which may t ake
place beyond t he nat ural expect at ion of lif e of t he donor, does not dest roy t he nat ure of t he act
as a donat ion int er vivos, unless a cont rary int ent ion appears. (n)
ARTICLE 731. When a person donat es somet hing, subject t o t he resolut ory condit ion of t he
donors survival, t here is a donat ion int er vivos. (n)
ARTICLE 732. Donat ions which are t o t ake ef f ect int er vivos shall be governed by t he general
provisions on cont ract s and obligat ions in all t hat is not det ermined in t his Tit le. (621)
ARTICLE 733. Donat ions wit h an onerous cause shall be governed by t he rules on cont ract s and
remunerat ory donat ions by t he provisions of t he present Tit le as regards t hat port ion which
exceeds t he value of t he burden imposed. (622)
ARTICLE 734. The donat ion is perf ect ed f rom t he moment t he donor knows of t he accept ance by
t he donee. (623)
CHAPTER 2
Persons Who May Give or Receive a Donat ion
ARTICLE 735. All persons who may cont ract and dispose of t heir propert y may make a donat ion.
(624)
ARTICLE 736. Guardians and t rust ees cannot donat e t he propert y ent rust ed t o t hem. (n)
ARTICLE 737. The donors capacit y shall be det ermined as of t he t ime of t he making of t he
donat ion. (n)
ARTICLE 738. All t hose who are not specially disqualif ied by law t heref or may accept donat ions.
(625)
ARTICLE 739. The f ollowing donat ions shall be void:
(1) Those made bet ween persons who were guilt y of adult ery or concubinage at t he t ime of t he
donat ion;
(2) Those made bet ween persons f ound guilt y of t he same criminal of f ense, in considerat ion
t hereof ;
(3) Those made t o a public of f icer or his wif e, descendant s and ascendant s, by reason of his
of f ice.
In t he case ref erred t o in No. 1, t he act ion f or declarat ion of nullit y may be brought by t he spouse
of t he donor or donee; and t he guilt of t he donor and donee may be proved by preponderance of
evidence in t he same act ion. (n)
ARTICLE 740. Incapacit y t o succeed by will shall be applicable t o donat ions int er vivos. (n)
ARTICLE 741. Minors and ot hers who cannot ent er int o a cont ract may become donees but
accept ance shall be done t hrough t heir parent s or legal represent at ives. (626a)
ARTICLE 742. Donat ions made t o conceived and unborn children may be accept ed by t hose
persons who would legally represent t hem if t hey were already born. (627)
ARTICLE 743. Donat ions made t o incapacit at ed persons shall be void, t hough simulat ed under t he
guise of anot her cont ract or t hrough a person who is int erposed. (628)
ARTICLE 744. Donat ions of t he same t hing t o t wo or more dif f erent donees shall be governed by
t he provisions concerning t he sale of t he same t hing t o t wo or more dif f erent persons. (n)
ARTICLE 745. The donee must accept t he donat ion personally, or t hrough an aut horized person
wit h a special power f or t he purpose, or wit h a general and suf f icient power; ot herwise, t he
donat ion shall be void. (630)
ARTICLE 746. Accept ance must be made during t he lif et ime of t he donor and of t he donee. (n)
ARTICLE 747. Persons who accept donat ions in represent at ion of ot hers who may not do so by
t hemselves, shall be obliged t o make t he not if icat ion and not at ion of which art icle 749 speaks.
(631)
ARTICLE 748. The donat ion of a movable may be made orally or in writ ing.
An oral donat ion requires t he simult aneous delivery of t he t hing or of t he document represent ing
t he right donat ed.
If t he value of t he personal propert y donat ed exceeds f ive t housand pesos, t he donat ion and t he
accept ance shall be made in writ ing. Ot herwise, t he donat ion shall be void. (632a)
ARTICLE 749. In order t hat t he donat ion of an immovable may be valid, it must be made in a public
document , specif ying t herein t he propert y donat ed and t he value of t he charges which t he donee
must sat isf y.
The accept ance may be made in t he same deed of donat ion or in a separat e public document , but
it shall not t ake ef f ect unless it is done during t he lif et ime of t he donor.
If t he accept ance is made in a separat e inst rument , t he donor shall be not if ied t hereof in an
aut hent ic f orm, and t his st ep shall be not ed in bot h inst rument s. (633)
CHAPTER 3
Ef f ect of Donat ions and Limit at ions Thereon
ARTICLE 750. The donat ion may comprehend all t he present propert y of t he donor, or part
t hereof , provided he reserves, in f ull ownership or in usuf ruct , suf f icient means f or t he support of
himself , and of all relat ives who, at t he t ime of t he accept ance of t he donat ion, are by law ent it led
t o be support ed by t he donor. Wit hout such reservat ion, t he donat ion shall be reduced in pet it ion
of any person af f ect ed. (634a)
ARTICLE 751. Donat ions cannot comprehend f ut ure propert y.
By f ut ure propert y is underst ood anyt hing which t he donor cannot dispose of at t he t ime of t he
donat ion. (635)
ARTICLE 752. The provisions of art icle 750 not wit hst anding, no person may give or receive, by
way of donat ion, more t han he may give or receive by will.
The donat ion shall be inof f icious in all t hat it may exceed t his limit at ion. (636)
ARTICLE 753. When a donat ion is made t o several persons joint ly, it is underst ood t o be in equal
shares, and t here shall be no right of accret ion among t hem, unless t he donor has ot herwise
provided.
The preceding paragraph shall not be applicable t o donat ions made t o t he husband and wif e
joint ly, bet ween whom t here shall be a right of accret ion, if t he cont rary has not been provided by
t he donor. (637)
ARTICLE 754. The donee is subrogat ed t o all t he right s and act ions which in case of evict ion
would pert ain t o t he donor. The lat t er, on t he ot her hand, is not obliged t o warrant t he t hings
donat ed, save when t he donat ion is onerous, in which case t he donor shall be liable f or evict ion t o
t he concurrence of t he burden.
The donor shall also be liable f or evict ion or hidden def ect s in case of bad f ait h on his part . (638a)
ARTICLE 755. The right t o dispose of some of t he t hings donat ed, or of some amount which shall
be a charge t hereon, may be reserved by t he donor; but if he should die wit hout having made use
of t his right , t he propert y or amount reserved shall belong t o t he donee. (639)
ARTICLE 756. The ownership of propert y may also be donat ed t o one person and t he usuf ruct t o
anot her or ot hers, provided all t he donees are living at t he t ime of t he donat ion. (640a)
ARTICLE 757. Reversion may be validly est ablished in f avor of only t he donor f or any case and
circumst ances, but not in f avor of ot her persons unless t hey are all living at t he t ime of t he
donat ion.
Any reversion st ipulat ed by t he donor in f avor of a t hird person in violat ion of what is provided in
t he preceding paragraph shall be void, but shall not nullif y t he donat ion. (641a)
ARTICLE 758. When t he donat ion imposes upon t he donee t he obligat ion t o pay t he debt s of t he
donor, if t he clause does not cont ain any declarat ion t o t he cont rary, t he f ormer is underst ood t o
be liable t o pay only t he debt s which appear t o have been previously cont ract ed. In no case shall
t he donee be responsible f or t he debt s exceeding t he value of t he propert y donat ed, unless a
cont rary int ent ion clearly appears. (642a)
ARTICLE 759. There being no st ipulat ion regarding t he payment of debt s, t he donee shall be
responsible t heref or only when t he donat ion has been made in f raud of credit ors.
The donat ion is always presumed t o be in f raud of credit ors, when at t he t ime t hereof t he donor
did not reserve suf f icient propert y t o pay his debt s prior t o t he donat ion. (643)
CHAPTER 4
Revocat ion and Reduct ion of Donat ions
ARTICLE 760. Every donat ion int er vivos, made by a person having no children or descendant s,
legit imat e or legit imat ed by subsequent marriage, or illegit imat e, may be revoked or reduced as
provided in t he next art icle, by t he happening of any of t hese event s:
(1) If t he donor, af t er t he donat ion, should have legit imat e or legit imat ed or illegit imat e children,
even t hough t hey be post humous;
(2) If t he child of t he donor, whom t he lat t er believed t o be dead when he made t he donat ion,
should t urn out t o be living;
(3) If t he donor should subsequent ly adopt a minor child. (644a)
ARTICLE 761. In t he cases ref erred t o in t he preceding art icle, t he donat ion shall be revoked or
reduced insof ar as it exceeds t he port ion t hat may be f reely disposed of by will, t aking int o
account t he whole est at e of t he donor at t he t ime of t he birt h, appearance or adopt ion of a child.
(n)
ARTICLE 762. Upon t he revocat ion or reduct ion of t he donat ion by t he birt h, appearance or
adopt ion of a child, t he propert y af f ect ed shall be ret urned or it s value if t he donee has sold t he
same.
If t he propert y is mort gaged, t he donor may redeem t he mort gage, by paying t he amount
guarant eed, wit h a right t o recover t he same f rom t he donee.
When t he propert y cannot be ret urned, it shall be est imat ed at what it was wort h at t he t ime of
t he donat ion. (645a)
ARTICLE 763. The act ion f or revocat ion or reduct ion on t he grounds set f ort h in art icle 760 shall
prescribe af t er f our years f rom t he birt h of t he f irst child, or f rom his legit imat ion, recognit ion or
adopt ion, or f rom t he judicial declarat ion of f iliat ion, or f rom t he t ime inf ormat ion was received
regarding t he exist ence of t he child believed dead.
This act ion cannot be renounced, and is t ransmit t ed, upon t he deat h of t he donor, t o his
legit imat e and illegit imat e children and descendant s. (646a)
ARTICLE 764. The donat ion shall be revoked at t he inst ance of t he donor, when t he donee f ails t o
comply wit h any of t he condit ions which t he f ormer imposed upon t he lat t er.
In t his case, t he propert y donat ed shall be ret urned t o t he donor, t he alienat ions made by t he
donee and t he mort gages imposed t hereon by him being void, wit h t he limit at ions est ablished, wit h
regard t o t hird persons, by t he Mort gage Law and t he Land Regist rat ion laws.
This act ion shall prescribe af t er f our years f rom t he noncompliance wit h t he condit ion, may be
t ransmit t ed t o t he heirs of t he donor, and may be exercised against t he donees heirs. (647a)
ARTICLE 765. The donat ion may also be revoked at t he inst ance of t he donor, by reason of
ingrat it ude in t he f ollowing cases:
(1) If t he donee should commit some of f ense against t he person, t he honor or t he propert y of t he
donor, or of his wif e or children under his parent al aut horit y;
(2) If t he donee imput es t o t he donor any criminal of f ense, or any act involving moral t urpit ude,
even t hough he should prove it , unless t he crime or t he act has been commit t ed against t he donee
himself , his wif e or children under his aut horit y;
(3) If he unduly ref uses him support when t he donee is legally or morally bound t o give support t o
t he donor. (648a)
ARTICLE 766. Alt hough t he donat ion is revoked on account of ingrat it ude, nevert heless, t he
alienat ions and mort gages ef f ect ed bef ore t he not at ion of t he complaint f or revocat ion in t he
Regist ry of Propert y shall subsist .
Lat er ones shall be void. (649)
ARTICLE 767. In t he case ref erred t o in t he f irst paragraph of t he preceding art icle, t he donor shall
have a right t o demand f rom t he donee t he value of propert y alienat ed which he cannot recover
f rom t hird persons, or t he sum f or which t he same has been mort gaged.
The value of said propert y shall be f ixed as of t he t ime of t he donat ion. (650)
ARTICLE 768. When t he donat ion is revoked f or any of t he causes st at ed in art icle 760, or by
reason of ingrat it ude, or when it is reduced because it is inof f icious, t he donee shall not ret urn t he
f ruit s except f rom t he f iling of t he complaint .
If t he revocat ion is based upon noncompliance wit h any of t he condit ions imposed in t he
donat ion, t he donee shall ret urn not only t he propert y but also t he f ruit s t hereof which he may
have received af t er having f ailed t o f ulf ill t he condit ion. (651)
ARTICLE 769. The act ion grant ed t o t he donor by reason of ingrat it ude cannot be renounced in
advance. This act ion prescribes wit hin one year, t o be count ed f rom t he t ime t he donor had
knowledge of t he f act and it was possible f or him t o bring t he act ion. (652)
ARTICLE 770. This act ion shall not be t ransmit t ed t o t he heirs of t he donor, if t he lat t er did not
inst it ut e t he same, alt hough he could have done so, and even if he should die bef ore t he
expirat ion of one year.
Neit her can t his act ion be brought against t he heir of t he donee, unless upon t he lat t ers deat h
t he complaint has been f iled. (653)
ARTICLE 771. Donat ions which in accordance wit h t he provisions of art icle 752, are inof f icious,
bearing in mind t he est imat ed net value of t he donors propert y at t he t ime of his deat h, shall be
reduced wit h regard t o t he excess; but t his reduct ion shall not prevent t he donat ions f rom t aking
ef f ect during t he lif e of t he donor, nor shall it bar t he donee f rom appropriat ing t he f ruit s.
For t he reduct ion of donat ions t he provisions of t his Chapt er and of art icles 911 and 912 of t his
Code shall govern. (654)
ARTICLE 772. Only t hose who at t he t ime of t he donors deat h have a right t o t he legit ime and
t heir heirs and successors in int erest may ask f or t he reduct ion or inof f icious donat ions.
Those ref erred t o in t he preceding paragraph cannot renounce t heir right during t he lif et ime of t he
donor, eit her by express declarat ion, or by consent ing t o t he donat ion.
The donees, devisees and legat ees, who are not ent it led t o t he legit ime and t he credit ors of t he
deceased can neit her ask f or t he reduct ion nor avail t hemselves t hereof . (655a)
ARTICLE 773. If , t here being t wo or more donat ions, t he disposable port ion is not suf f icient t o
cover all of t hem, t hose of t he more recent dat e shall be suppressed or reduced wit h regard t o t he
excess. (656)
TITLE IV
Succession
CHAPTER 1
General Provisions
ARTICLE 774. Succession is a mode of acquisit ion by virt ue of which t he propert y, right s and
obligat ions t o t he ext ent of t he value of t he inherit ance, of a person are t ransmit t ed t hrough his
deat h t o anot her or ot hers eit her by his will or by operat ion of law. (n)
ARTICLE 775. In t his Tit le, decedent is t he general t erm applied t o t he person whose propert y is
t ransmit t ed t hrough succession, whet her or not he lef t a will. If he lef t a will, he is also called t he
t est at or. (n)
ARTICLE 776. The inherit ance includes all t he propert y, right s and obligat ions of a person which
are not ext inguished by his deat h. (659)
ARTICLE 777. The right s t o t he succession are t ransmit t ed f rom t he moment of t he deat h of t he
decedent . (657a)
ARTICLE 778. Succession may be:
(1) Test ament ary;
(2) Legal or int est at e; or
(3) Mixed. (n)
ARTICLE 779. Test ament ary succession is t hat which result s f rom t he designat ion of an heir,
made in a will execut ed in t he f orm prescribed by law. (n)
ARTICLE 780. Mixed succession is t hat ef f ect ed part ly by will and part ly by operat ion of law. (n)
ARTICLE 781. The inherit ance of a person includes not only t he propert y and t he t ransmissible
right s and obligat ions exist ing at t he t ime of his deat h, but also t hose which have accrued t heret o
since t he opening of t he succession. (n)
ARTICLE 782. An heir is a person called t o t he succession eit her by t he provision of a will or by
operat ion of law.
Devisees and legat ees are persons t o whom gif t s of real and personal propert y are respect ively
given by virt ue of a will. (n)
CHAPTER 2
Test ament ary Succession
SECTION 1
Wills
SUBSECTION 1
Wills in General
ARTICLE 783. A will is an act whereby a person is permit t ed, wit h t he f ormalit ies prescribed by law,
t o cont rol t o a cert ain degree t he disposit ion of his est at e, t o t ake ef f ect af t er his deat h. (667a)
ARTICLE 784. The making of a will is a st rict ly personal act ; it cannot be lef t in whole or in part t o
t he discret ion of a t hird person, or accomplished t hrough t he inst rument alit y of an agent or
at t orney. (670a)
ARTICLE 785. The durat ion or ef f icacy of t he designat ion of heirs, devisees or legat ees, or t he
det erminat ion of t he port ions which t hey are t o t ake, when ref erred t o by name, cannot be lef t t o
t he discret ion of a t hird person. (670a)
ARTICLE 786. The t est at or may ent rust t o a t hird person t he dist ribut ion of specif ic propert y or
sums of money t hat he may leave in general t o specif ied classes or causes, and also t he
designat ion of t he persons, inst it ut ions or est ablishment s t o which such propert y or sums are t o
be given or applied. (671a)
ARTICLE 787. The t est at or may not make a t est ament ary disposit ion in such manner t hat anot her
person has t o det ermine whet her or not it is t o be operat ive. (n)
ARTICLE 788. If a t est ament ary disposit ion admit s of dif f erent int erpret at ions, in case of doubt ,
t hat int erpret at ion by which t he disposit ion is t o be operat ive shall be pref erred. (n)
ARTICLE 789. When t here is an imperf ect descript ion, or when no person or propert y exact ly
answers t he descript ion, mist akes and omissions must be correct ed, if t he error appears f rom t he
cont ext of t he will or f rom ext rinsic evidence, excluding t he oral declarat ions of t he t est at or as t o
his int ent ion; and when an uncert aint y arises upon t he f ace of t he will, as t o t he applicat ion of any
of it s provisions, t he t est at ors int ent ion is t o be ascert ained f rom t he words of t he will, t aking int o
considerat ion t he circumst ances under which it was made, excluding such oral declarat ions. (n)
ARTICLE 790. The words of a will are t o be t aken in t heir ordinary and grammat ical sense, unless a
clear int ent ion t o use t hem in anot her sense can be gat hered, and t hat ot her can be ascert ained.
Technical words in a will are t o be t aken in t heir t echnical sense, unless t he cont ext clearly
indicat es a cont rary int ent ion, or unless it sat isf act orily appears t hat t he will was drawn solely by
t he t est at or, and t hat he was unacquaint ed wit h such t echnical sense. (675a)
ARTICLE 791. The words of a will are t o receive an int erpret at ion which will give t o every
expression some ef f ect , rat her t han one which will render any of t he expressions inoperat ive; and
of t wo modes of int erpret ing a will, t hat is t o be pref erred which will prevent int est acy. (n)
ARTICLE 792. The invalidit y of one of several disposit ions cont ained in a will does not result in t he
invalidit y of t he ot her disposit ions, unless it is t o be presumed t hat t he t est at or would not have
made such ot her disposit ions if t he f irst invalid disposit ion had not been made. (n)
ARTICLE 793. Propert y acquired af t er t he making of a will shall only pass t hereby, as if t he t est at or
had possessed it at t he t ime of making t he will, should it expressly appear by t he will t hat such was
his int ent ion. (n)
ARTICLE 794. Every devise or legacy shall convey all t he int erest which t he t est at or could devise
or bequeat h in t he propert y disposed of , unless it clearly appears f rom t he will t hat he int ended t o
convey a less int erest . (n)
ARTICLE 795. The validit y of a will as t o it s f orm depends upon t he observance of t he law in f orce
at t he t ime it is made. (n)
SUBSECTION 2
Test ament ary Capacit y and Int ent
ARTICLE 796. All persons who are not expressly prohibit ed by law may make a will. (662)
ARTICLE 797. Persons of eit her sex under eight een years of age cannot make a will. (n)
ARTICLE 798. In order t o make a will it is essent ial t hat t he t est at or be of sound mind at t he t ime
of it s execut ion. (n)
ARTICLE 799. To be of sound mind, it is not necessary t hat t he t est at or be in f ull possession of all
his reasoning f acult ies, or t hat his mind be wholly unbroken, unimpaired, or unshat t ered by disease,
injury or ot her cause.
It shall be suf f icient if t he t est at or was able at t he t ime of making t he will t o know t he nat ure of
t he est at e t o be disposed of , t he proper object s of his bount y, and t he charact er of t he
t est ament ary act . (n)
ARTICLE 800. The law presumes t hat every person is of sound mind, in t he absence of proof t o
t he cont rary.
The burden of proof t hat t he t est at or was not of sound mind at t he t ime of making his
disposit ions is on t he person who opposes t he probat e of t he will; but if t he t est at or, one mont h,
or less, bef ore making his will was publicly known t o be insane, t he person who maint ains t he
validit y of t he will must prove t hat t he t est at or made it during a lucid int erval. (n)
ARTICLE 801. Supervening incapacit y does not invalidat e an ef f ect ive will, nor is t he will of an
incapable validat ed by t he supervening of capacit y. (n)
ARTICLE 802. A married woman may make a will wit hout t he consent of her husband, and wit hout
t he aut horit y of t he court . (n)
ARTICLE 803. A married woman may dispose by will of all her separat e propert y as well as her
share of t he conjugal part nership or absolut e communit y propert y. (n)
SUBSECTION 3
Forms of Wills
ARTICLE 804. Every will must be in writ ing and execut ed in a language or dialect known t o t he
t est at or. (n)
ARTICLE 805. Every will, ot her t han a holographic will, must be subscribed at t he end t hereof by
t he t est at or himself or by t he t est at ors name writ t en by some ot her person in his presence, and
by his express direct ion, and at t est ed and subscribed by t hree or more credible wit nesses in t he
presence of t he t est at or and of one anot her.
The t est at or or t he person request ed by him t o writ e his name and t he inst rument al wit nesses of
t he will, shall also sign, as af oresaid, each and every page t hereof , except t he last , on t he lef t
margin, and all t he pages shall be numbered correlat ively in let t ers placed on t he upper part of each
page.
The at t est at ion shall st at e t he number of pages used upon which t he will is writ t en, and t he f act
t hat t he t est at or signed t he will and every page t hereof , or caused some ot her person t o writ e his
name, under his express direct ion, in t he presence of t he inst rument al wit nesses, and t hat t he
lat t er wit nessed and signed t he will and all t he pages t hereof in t he presence of t he t est at or and
of one anot her. mt imuw
If t he at t est at ion clause is in a language not known t o t he wit nesses, it shall be int erpret ed t o
t hem. (n)
ARTICLE 806. Every will must be acknowledged bef ore a not ary public by t he t est at or and t he
wit nesses. The not ary public shall not be required t o ret ain a copy of t he will, or f ile anot her wit h
t he of f ice of t he Clerk of Court . (n)
ARTICLE 807. If t he t est at or be deaf , or a deaf -mut e, he must personally read t he will, if able t o do
so; ot herwise, he shall designat e t wo persons t o read it and communicat e t o him, in some
pract icable manner, t he cont ent s t hereof . (n)
ARTICLE 808. If t he t est at or is blind, t he will shall be read t o him t wice; once, by one of t he
subscribing wit nesses, and again, by t he not ary public bef ore whom t he will is acknowledged. (n)
ARTICLE 809. In t he absence of bad f ait h, f orgery, or f raud, or undue and improper pressure and
inf luence, def ect s and imperf ect ions in t he f orm of at t est at ion or in t he language used t herein
shall not render t he will invalid if it is proved t hat t he will was in f act execut ed and at t est ed in
subst ant ial compliance wit h all t he requirement s of art icle 805. (n)
ARTICLE 810. A person may execut e a holographic will which must be ent irely writ t en, dat ed, and
signed by t he hand of t he t est at or himself . It is subject t o no ot her f orm, and may be made in or
out of t he Philippines, and need not be wit nessed. (678, 688a)
ARTICLE 811. In t he probat e of a holographic will, it shall be necessary t hat at least one wit ness
who knows t he handwrit ing and signat ure of t he t est at or explicit ly declare t hat t he will and t he
signat ure are in t he handwrit ing of t he t est at or. If t he will is cont est ed, at least t hree of such
wit nesses shall be required.
In t he absence of any compet ent wit ness ref erred t o in t he preceding paragraph, and if t he court
deem it necessary, expert t est imony may be resort ed t o. (691a)
ARTICLE 812. In holographic wills, t he disposit ions of t he t est at or writ t en below his signat ure must
be dat ed and signed by him in order t o make t hem valid as t est ament ary disposit ions. (n)
ARTICLE 813. When a number of disposit ions appearing in a holographic will are signed wit hout
being dat ed, and t he last disposit ion has a signat ure and a dat e, such dat e validat es t he
disposit ions preceding it , what ever be t he t ime of prior disposit ions. (n)
ARTICLE 814. In case of any insert ion, cancellat ion, erasure or alt erat ion in a holographic will, t he
t est at or must aut hent icat e t he same by his f ull signat ure. (n)
ARTICLE 815. When a Filipino is in a f oreign count ry, he is aut horized t o make a will in any of t he
f orms est ablished by t he law of t he count ry in which he may be. Such will may be probat ed in t he
Philippines. (n)
ARTICLE 816. The will of an alien who is abroad produces ef f ect in t he Philippines if made wit h t he
f ormalit ies prescribed by t he law of t he place in which he resides, or according t o t he f ormalit ies
observed in his count ry, or in conf ormit y wit h t hose which t his Code prescribes. (n)
ARTICLE 817. A will made in t he Philippines by a cit izen or subject of anot her count ry, which is
execut ed in accordance wit h t he law of t he count ry of which he is a cit izen or subject , and which
might be proved and allowed by t he law of his own count ry, shall have t he same ef f ect as if
execut ed according t o t he laws of t he Philippines. (n)
ARTICLE 818. Two or more persons cannot make a will joint ly, or in t he same inst rument , eit her f or
t heir reciprocal benef it or f or t he benef it of a t hird person. (669)
ARTICLE 819. Wills, prohibit ed by t he preceding art icle, execut ed by Filipinos in a f oreign count ry
shall not be valid in t he Philippines, even t hough aut horized by t he laws of t he count ry where t hey
may have been execut ed. (733a)
SUBSECTION 4
Wit nesses t o Wills
ARTICLE 820. Any person of sound mind and of t he age of eight een years or more, and not blind,
deaf or dumb, and able t o read and writ e, may be a wit ness t o t he execut ion of a will ment ioned in
art icle 805 of t his Code. (n)
ARTICLE 821. The f ollowing are disqualif ied f rom being wit nesses t o a will:
(1) Any person not domiciled in t he Philippines;
(2) Those who have been convict ed of f alsif icat ion of a document , perjury or f alse t est imony. (n)
ARTICLE 822. If t he wit nesses at t est ing t he execut ion of a will are compet ent at t he t ime of
at t est ing, t heir becoming subsequent ly incompet ent shall not prevent t he allowance of t he will. (n)
ARTICLE 823. If a person at t est s t he execut ion of a will, t o whom or t o whose spouse, or parent ,
or child, a devise or legacy is given by such will, such devise or legacy shall, so f ar 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 t here are t hree ot her compet ent wit nesses t o such
will. However, such person so at t est ing shall be admit t ed as a wit ness as if such devise or legacy
had not been made or given. (n)
ARTICLE 824. A mere charge on t he est at e of t he t est at or f or t he payment of debt s due at t he
t ime of t he t est at ors deat h does not prevent his credit ors f rom being compet ent wit nesses t o his
will. (n)
SUBSECTION 5
Codicils and Incorporat ion by Ref erence
ARTICLE 825. A codicil is a supplement or addit ion t o a will, made af t er t he execut ion of a will and
annexed t o be t aken as a part t hereof , by which any disposit ion made in t he original will is
explained, added t o, or alt ered. (n)
ARTICLE 826. In order t hat a codicil may be ef f ect ive, it shall be execut ed as in t he case of a will.
(n)
ARTICLE 827. If a will, execut ed as required by t his Code, incorporat es int o it self by ref erence any
document or paper, such document or paper shall not be considered a part of t he will unless t he
f ollowing requisit es are present :
(1) The document or paper ref erred t o in t he will must be in exist ence at t he t ime of t he execut ion
of t he will;
(2) The will must clearly describe and ident if y t he same, st at ing among ot her t hings t he number of
pages t hereof ;
(3) It must be ident if ied by clear and sat isf act ory proof as t he document or paper ref erred t o
t herein; and
(4) It must be signed by t he t est at or and t he wit nesses on each and every page, except in case of
voluminous books of account or invent ories. (n)
SUBSECTION 6
Revocat ion of Wills and Test ament ary Disposit ions
ARTICLE 828. A will may be revoked by t he t est at or at any t ime bef ore his deat h. Any waiver or
rest rict ion of t his right is void. (737a)
ARTICLE 829. A revocat ion done out side t he Philippines, by a person who does not have his
domicile in t his count ry, is valid when it is done according t o t he law of t he place where t he will was
made, or according t o t he law of t he place in which t he t est at or had his domicile at t he t ime; and if
t he revocat ion t akes place in t his count ry, when it is in accordance wit h t he provisions of t his
Code. (n)
ARTICLE 830. No will shall be revoked except in t he f ollowing cases:
(1) By implicat ion of law; or
(2) By some will, codicil, or ot her writ ing execut ed as provided in case of wills; or
(3) By burning, t earing, cancelling, or oblit erat ing t he will wit h t he int ent ion of revoking it , by t he
t est at or himself , or by some ot her person in his presence, and by his express direct ion. If burned,
t orn, cancelled, or oblit erat ed by some ot her person, wit hout t he express direct ion of t he t est at or,
t he will may st ill be est ablished, and t he est at e dist ribut ed in accordance t herewit h, if it s cont ent s,
and due execut ion, and t he f act of it s unaut horized dest ruct ion, cancellat ion, or oblit erat ion are
est ablished according t o t he Rules of Court . (n)
ARTICLE 831. Subsequent wills which do not revoke t he previous ones in an express manner,
annul only such disposit ions in t he prior wills as are inconsist ent wit h or cont rary t o t hose
cont ained in t he lat er wills. (n)
ARTICLE 832. A revocat ion made in a subsequent will shall t ake ef f ect , even if t he new will should
become inoperat ive by reason of t he incapacit y of t he heirs, devisees or legat ees designat ed
t herein, or by t heir renunciat ion. (740a)
ARTICLE 833. A revocat ion of a will based on a f alse cause or an illegal cause is null and void. (n)
ARTICLE 834. The recognit ion of an illegit imat e child does not lose it s legal ef f ect , even t hough
t he will wherein it was made should be revoked. (741)
SUBSECTION 7
Republicat ion and Revival of Wills
ARTICLE 835. The t est at or cannot republish, wit hout reproducing in a subsequent will, t he
disposit ions cont ained in a previous one which is void as t o it s f orm. (n)
ARTICLE 836. The execut ion of a codicil ref erring t o a previous will has t he ef f ect of republishing
t he will as modif ied by t he codicil. (n)
ARTICLE 837. If af t er making a will, t he t est at or makes a second will expressly revoking t he f irst ,
t he revocat ion of t he second will does not revive t he f irst will, which can be revived only by anot her
will or codicil. (739a)
SUBSECTION 8
Allowance and Disallowance of Wills
ARTICLE 838. No will shall pass eit her real or personal propert y unless it is proved and allowed in
accordance wit h t he Rules of Court .
The t est at or himself may, during his lif et ime, pet it ion t he court having jurisdict ion f or t he allowance
of his will. In such case, t he pert inent provisions of t he Rules of Court f or t he allowance of wills
af t er t he t est at ors deat h shall govern.
The Supreme Court shall f ormulat e such addit ional Rules of Court as may be necessary f or t he
allowance of wills on pet it ion of t he t est at or.
Subject t o t he right of appeal, t he allowance of t he will, eit her during t he lif et ime of t he t est at or or
af t er his deat h, shall be conclusive as t o it s due execut ion. (n)
ARTICLE 839. The will shall be disallowed in any of t he f ollowing cases:
(1) If t he f ormalit ies required by law have not been complied wit h;
(2) If t he t est at or was insane, or ot herwise ment ally incapable of making a will, at t he t ime of it s
execut ion;
(3) If it was execut ed t hrough f orce or under duress, or t he inf luence of f ear, or t hreat s;
(4) If it was procured by undue and improper pressure and inf luence, on t he part of t he benef iciary
or of some ot her person;
(5) If t he signat ure of t he t est at or was procured by f raud;
(6) If t he t est at or act ed by mist ake or did not int end t hat t he inst rument he signed should be his
will at t he t ime of af f ixing his signat ure t heret o. (n)
SECTION 2
Inst it ut ion of Heir
ARTICLE 840. Inst it ut ion of heir is an act by virt ue of which a t est at or designat es in his will t he
person or persons who are t o succeed him in his propert y and t ransmissible right s and obligat ions.
(n)
ARTICLE 841. A will shall be valid even t hough it should not cont ain an inst it ut ion of an heir, or
such inst it ut ion should not comprise t he ent ire est at e, and even t hough t he person so inst it ut ed
should not accept t he inherit ance or should be incapacit at ed t o succeed.
In such cases t he t est ament ary disposit ions made in accordance wit h law shall be complied wit h
and t he remainder of t he est at e shall pass t o t he legal heirs. (764)
ARTICLE 842. One who has no compulsory heirs may dispose by will of all his est at e or any part of
it in f avor of any person having capacit y t o succeed.
One who has compulsory heirs may dispose of his est at e provided he does not cont ravene t he
provisions of t his Code wit h regard t o t he legit ime of said heirs. (763a)
ARTICLE 843. The t est at or shall designat e t he heir by his name and surname, and when t here are
t wo persons having t he same names, he shall indicat e some circumst ance by which t he inst it ut ed
heir may be known.
Even t hough t he t est at or may have omit t ed t he name of t he heir, should he designat e him in such
manner t hat t here can be no doubt as t o who has been inst it ut ed, t he inst it ut ion shall be valid.
(772)
ARTICLE 844. An error in t he name, surname, or circumst ances of t he heir shall not vit iat e t he
inst it ut ion when it is possible, in any ot her manner, t o know wit h cert aint y t he person inst it ut ed.
If among persons having t he same names and surnames, t here is a similarit y of circumst ances in
such a way t hat , even wit h t he use of ot her proof , t he person inst it ut ed cannot be ident if ied, none
of t hem shall be an heir. (773a)
ARTICLE 845. Every disposit ion in f avor of an unknown person shall be void, unless by some event
or circumst ance his ident it y becomes cert ain. However, a disposit ion in f avor of a def init e class or
group of persons shall be valid. (750a)
ARTICLE 846. Heirs inst it ut ed wit hout designat ion of shares shall inherit in equal part s. (765)
ARTICLE 847. When t he t est at or inst it ut es some heirs individually and ot hers collect ively as when
he says, I designat e as my heirs A and B, and t he children of C, t hose collect ively designat ed shall
be considered as individually inst it ut ed, unless it clearly appears t hat t he int ent ion of t he t est at or
was ot herwise. (769a)
ARTICLE 848. If t he t est at or should inst it ut e his brot hers and sist ers, and he has some of f ull
blood and ot hers of half blood, t he inherit ance shall be dist ribut ed equally unless a dif f erent
int ent ion appears. (770a)
ARTICLE 849. When t he t est at or calls t o t he succession a person and his children t hey are all
deemed t o have been inst it ut ed simult aneously and not successively. (771)
ARTICLE 850. The st at ement of a f alse cause f or t he inst it ut ion of an heir shall be considered as
not writ t en, unless it appears f rom t he will t hat t he t est at or would not have made such inst it ut ion
if he had known t he f alsit y of such cause. (767a)
ARTICLE 851. If t he t est at or has inst it ut ed only one heir, and t he inst it ut ion is limit ed t o an aliquot
part of t he inherit ance, legal succession t akes place wit h respect t o t he remainder of t he est at e.
The same rule applies, if t he t est at or has inst it ut ed several heirs each being limit ed t o an aliquot
part , and all t he part s do not cover t he whole inherit ance. (n)
ARTICLE 852. If it was t he int ent ion of t he t est at or t hat t he inst it ut ed heirs should become sole
heirs t o t he whole est at e, or t he whole f ree port ion, as t he case may be, and each of t hem has
been inst it ut ed t o an aliquot part of t he inherit ance and t heir aliquot part s t oget her do not cover
t he whole inherit ance, or t he whole f ree port ion, each part shall be increased proport ionally. (n)
ARTICLE 853. If each of t he inst it ut ed heirs has been given an aliquot part of t he inherit ance, and
t he part s t oget her exceed t he whole inherit ance, or t he whole f ree port ion, as t he case may be,
each part shall be reduced proport ionally. (n)
ARTICLE 854. The pret erit ion or omission of one, some, or all of t he compulsory heirs in t he direct
line, whet her living at t he t ime of t he execut ion of t he will or born af t er t he deat h of t he t est at or,
shall annul t he inst it ut ion of heir; but t he devises and legacies shall be valid insof ar as t hey are not
inof f icious.
If t he omit t ed compulsory heirs should die bef ore t he t est at or, t he inst it ut ion shall be ef f ect ual,
wit hout prejudice t o t he right of represent at ion. (814a)
ARTICLE 855. The share of a child or descendant omit t ed in a will must f irst be t aken f rom t he part
of t he est at e not disposed of by t he will, if any; if t hat is not suf f icient , so much as may be
necessary must be t aken proport ionally f rom t he shares of t he ot her compulsory heirs. (1080a)
ARTICLE 856. A volunt ary heir who dies bef ore t he t est at or t ransmit s not hing t o his heirs.
A compulsory heir who dies bef ore t he t est at or, a person incapacit at ed t o succeed, and one who
renounces t he inherit ance, shall t ransmit no right t o his own heirs except in cases expressly
provided f or in t his Code. (766a)
SECTION 3
Subst it ut ion of Heirs
ARTICLE 857. Subst it ut ion is t he appoint ment of anot her heir so t hat he may ent er int o t he
inherit ance in def ault of t he heir originally inst it ut ed. (n)
ARTICLE 858. Subst it ut ion of heirs may be:
(1) Simple or common;
(2) Brief or compendious;
(3) Reciprocal; or
(4) Fideicommissary. (n)
ARTICLE 859. The t est at or may designat e one or more persons t o subst it ut e t he heir or heirs
inst it ut ed in case such heir or heirs should die bef ore him, or should not wish, or should be
incapacit at ed t o accept t he inherit ance.
A simple subst it ut ion, wit hout a st at ement of t he cases t o which it ref ers, shall comprise t he t hree
ment ioned in t he preceding paragraph, unless t he t est at or has ot herwise provided. (774)
ARTICLE 860. Two or more persons may be subst it ut ed f or one; and one person f or t wo or more
heirs. (778)
ARTICLE 861. If heirs inst it ut ed in unequal shares should be reciprocally subst it ut ed, t he subst it ut e
shall acquire t he share of t he heir who dies, renounces, or is incapacit at ed, unless it clearly appears
t hat t he int ent ion of t he t est at or was ot herwise. If t here are more t han one subst it ut e, t hey shall
have t he same share in t he subst it ut ion as in t he inst it ut ion. (779a)
ARTICLE 862. The subst it ut e shall be subject t o t he same charges and condit ions imposed upon
t he inst it ut ed heir, unless t he t est at or has expressly provided t he cont rary, or t he charges or
condit ions are personally applicable only t o t he heir inst it ut ed. (780)
ARTICLE 863. A f ideicommissary subst it ut ion by virt ue of which t he f iduciary or f irst heir inst it ut ed
is ent rust ed wit h t he obligat ion t o preserve and t o t ransmit t o a second heir t he whole or part of
t he inherit ance, shall be valid and shall t ake ef f ect , provided such subst it ut ion does not go beyond
one degree f rom t he heir originally inst it ut ed, and provided f urt her, t hat t he f iduciary or f irst heir
and t he second heir are living at t he t ime of t he deat h of t he t est at or. (781a)
ARTICLE 864. A f ideicommissary subst it ut ion can never burden t he legit ime. (782a)
ARTICLE 865. Every f ideicommissary subst it ut ion must be expressly made in order t hat it may be
valid.
The f iduciary shall be obliged t o deliver t he inherit ance t o t he second heir, wit hout ot her
deduct ions t han t hose which arise f rom legit imat e expenses, credit s and improvement s, save in
t he case where t he t est at or has provided ot herwise. (783)
ARTICLE 866. The second heir shall acquire a right t o t he succession f rom t he t ime of t he
t est at ors deat h, even t hough he should die bef ore t he f iduciary. The right of t he second heir shall
pass t o his heirs. (784)
ARTICLE 867. The f ollowing shall not t ake ef f ect :
(1) Fideicommissary subst it ut ions which are not made in an express manner, eit her by giving t hem
t his name, or imposing upon t he f iduciary t he absolut e obligat ion t o deliver t he propert y t o a
second heir;
(2) Provisions which cont ain a perpet ual prohibit ion t o alienat e, and even a t emporary one, beyond
t he limit f ixed in art icle 863;
(3) Those which impose upon t he heir t he charge of paying t o various persons successively,
beyond t he limit prescribed in art icle 863, a cert ain income or pension;
(4) Those which leave t o a person t he whole or part of t he heredit ary propert y in order t hat he
may apply or invest t he same according t o secret inst ruct ions communicat ed t o him by t he
t est at or. (785a)
ARTICLE 868. The nullit y of t he f ideicommissary subst it ut ion does not prejudice t he validit y of t he
inst it ut ion of t he heirs f irst designat ed; t he f ideicommissary clause shall simply be considered as
not writ t en. (786)
ARTICLE 869. A provision whereby t he t est at or leaves t o a person t he whole or part of t he
inherit ance, and t o anot her t he usuf ruct , shall be valid. If he gives t he usuf ruct t o various persons,
not simult aneously, but successively, t he provisions of art icle 863 shall apply. (787a)
ARTICLE 870. The disposit ions of t he t est at or declaring all or part of t he est at e inalienable f or
more t han t went y years are void. (n)
SECTION 4
Condit ional Test ament ary Disposit ions and Test ament ary Disposit ions Wit h a Term
ARTICLE 871. The inst it ut ion of an heir may be made condit ionally, or f or a cert ain purpose or
cause. (790a)
ARTICLE 872. The t est at or cannot impose any charge, condit ion, or subst it ut ion what soever upon
t he legit imes prescribed in t his Code. Should he do so, t he same shall be considered as not
imposed. (813a)
ARTICLE 873. Impossible condit ions and t hose cont rary t o law or good cust oms shall be
considered as not imposed and shall in no manner prejudice t he heir, even if t he t est at or should
ot herwise provide. (792a)
ARTICLE 874. An absolut e condit ion not t o cont ract a f irst or subsequent marriage shall be
considered as not writ t en unless such condit ion has been imposed on t he widow or widower by
t he deceased spouse, or by t he lat t ers ascendant s or descendant s.
Nevert heless, t he right of usuf ruct , or an allowance or some personal prest at ion may be devised
or bequeat hed t o any person f or t he t ime during which he or she should remain unmarried or in
widowhood. (793a)
ARTICLE 875. Any disposit ion made upon t he condit ion t hat t he heir shall make some provision in
his will in f avor of t he t est at or or of any ot her person shall be void. (794a)
ARTICLE 876. Any purely pot est at ive condit ion imposed upon an heir must be f ulf illed by him as
soon as he learns of t he t est at ors deat h.
This rule shall not apply when t he condit ion, already complied wit h, cannot be f ulf illed again. (795a)
ARTICLE 877. If t he condit ion is casual or mixed, it shall be suf f icient if it happen or be f ulf illed at
any t ime bef ore or af t er t he deat h of t he t est at or, unless he has provided ot herwise.
Should it have exist ed or should it have been f ulf illed at t he t ime t he will was execut ed and t he
t est at or was unaware t hereof , it shall be deemed as complied wit h.
If he had knowledge t hereof , t he condit ion shall be considered f ulf illed only when it is of such a
nat ure t hat it can no longer exist or be complied wit h again. (796)
ARTICLE 878. A disposit ion wit h a suspensive t erm does not prevent t he inst it ut ed heir f rom
acquiring his right s and t ransmit t ing t hem t o his heirs even bef ore t he arrival of t he t erm. (799a)
ARTICLE 879. If t he pot est at ive condit ion imposed upon t he heir is negat ive, or consist s in not
doing or not giving somet hing, he shall comply by giving a securit y t hat he will not do or give t hat
which has been prohibit ed by t he t est at or, and t hat in case of cont ravent ion he will ret urn
what ever he may have received, t oget her wit h it s f ruit s and int erest s. (800a)
ARTICLE 880. If t he heir be inst it ut ed under a suspensive condit ion or t erm, t he est at e shall be
placed under administ rat ion unt il t he condit ion is f ulf illed, or unt il it becomes cert ain t hat it cannot
be f ulf illed, or unt il t he arrival of t he t erm.
The same shall be done if t he heir does not give t he securit y required in t he preceding art icle.
(801a)
ARTICLE 881. The appoint ment of t he administ rat or of t he est at e ment ioned in t he preceding
art icle, as well as t he manner of t he administ rat ion and t he right s and obligat ions of t he
administ rat or shall be governed by t he Rules of Court . (804a)
ARTICLE 882. The st at ement of t he object of t he inst it ut ion, or t he applicat ion of t he propert y lef t
by t he t est at or, or t he charge imposed by him, shall not be considered as a condit ion unless it
appears t hat such was his int ent ion.
That which has been lef t in t his manner may be claimed at once provided t hat t he inst it ut ed heir or
his heirs give securit y f or compliance wit h t he wishes of t he t est at or and f or t he ret urn of anyt hing
he or t hey may receive, t oget her wit h it s f ruit s and int erest s, if he or t hey should disregard t his
obligat ion. (797a)
ARTICLE 883. When wit hout t he f ault of t he heir, an inst it ut ion ref erred t o in t he preceding art icle
cannot t ake ef f ect in t he exact manner st at ed by t he t est at or, it shall be complied wit h in a
manner most analogous t o and in conf ormit y wit h his wishes.
If t he person int erest ed in t he condit ion should prevent it s f ulf illment , wit hout t he f ault of t he heir,
t he condit ion shall be deemed t o have been complied wit h. (798a)
ARTICLE 884. Condit ions imposed by t he t est at or upon t he heirs shall be governed by t he rules
est ablished f or condit ional obligat ions in all mat t ers not provided f or by t his Sect ion. (791a)
ARTICLE 885. The designat ion of t he day or t ime when t he ef f ect s of t he inst it ut ion of an heir
shall commence or cease shall be valid.
In bot h cases, t he legal heir shall be considered as called t o t he succession unt il t he arrival of t he
period or it s expirat ion. But in t he f irst case he shall not ent er int o possession of t he propert y unt il
af t er having given suf f icient securit y, wit h t he int ervent ion of t he inst it ut ed heir. (805)
SECTION 5
Legit ime
ARTICLE 886. Legit ime is t hat part of t he t est at ors propert y which he cannot dispose of because
t he law has reserved it f or cert ain heirs who are, t heref ore, called compulsory heirs. (806)
ARTICLE 887. The f ollowing are compulsory heirs:
(1) Legit imat e children and descendant s, wit h respect t o t heir legit imat e parent s and ascendant s;
(2) In def ault of t he f oregoing, legit imat e parent s and ascendant s, wit h respect t o t heir legit imat e
children and descendant s;
(3) The widow or widower;
(4) Acknowledged nat ural children, and nat ural children by legal f ict ion;
(5) Ot her illegit imat e children ref erred t o in art icle 287.
Compulsory heirs ment ioned in Nos. 3, 4 and 5 are not excluded by t hose in Nos. 1 and 2; neit her
do t hey exclude one anot her.
In all cases of illegit imat e children, t heir f iliat ion must be duly proved.
The f at her or mot her of illegit imat e children of t he t hree classes ment ioned, shall inherit f rom t hem
in t he manner and t o t he ext ent est ablished by t his Code. (807a)
ARTICLE 888. The legit ime of legit imat e children and descendant s consist s of one-half of t he
heredit ary est at e of t he f at her and of t he mot her.
The lat t er may f reely dispose of t he remaining half , subject t o t he right s of illegit imat e children and
of t he surviving spouse as hereinaf t er provided. (808a)
ARTICLE 889. The legit ime of legit imat e parent s or ascendant s consist s of one-half of t he
heredit ary est at es of t heir children and descendant s.
The children or descendant s may f reely dispose of t he ot her half , subject t o t he right s of
illegit imat e children and of t he surviving spouse as hereinaf t er provided. (809a)
ARTICLE 890. The legit ime reserved f or t he legit imat e parent s shall be divided bet ween t hem
equally; if one of t he parent s should have died, t he whole shall pass t o t he survivor.
If t he t est at or leaves neit her f at her nor mot her, but is survived by ascendant s of equal degree of
t he pat ernal and mat ernal lines, t he legit ime shall be divided equally bet ween bot h lines. If t he
ascendant s should be of dif f erent degrees, it shall pert ain ent irely t o t he ones nearest in degree of
eit her line. (810)
ARTICLE 891. The ascendant who inherit s f rom his descendant any propert y which t he lat t er may
have acquired by grat uit ous t it le f rom anot her ascendant , or a brot her or sist er, is obliged t o
reserve such propert y as he may have acquired by operat ion of law f or t he benef it of relat ives who
are wit hin t he t hird degree and who belong t o t he line f rom which said propert y came. (871)
ARTICLE 892. If only one legit imat e child or descendant of t he deceased survives, t he widow or
widower shall be ent it led t o one-f ourt h of t he heredit ary est at e. In case of a legal separat ion, t he
surviving spouse may inherit if it was t he deceased who had given cause f or t he same.
If t here are t wo or more legit imat e children or descendant s, t he surviving spouse shall be ent it led
t o a port ion equal t o t he legit ime of each of t he legit imat e children or descendant s.
In bot h cases, t he legit ime of t he surviving spouse shall be t aken f rom t he port ion t hat can be
f reely disposed of by t he t est at or. (834a)
ARTICLE 893. If t he t est at or leaves no legit imat e descendant s, but leaves legit imat e ascendant s,
t he surviving spouse shall have a right t o one-f ourt h of t he heredit ary est at e.
This f ourt h shall be t aken f rom t he f ree port ion of t he est at e. (836a)
ARTICLE 894. If t he t est at or leaves illegit imat e children, t he surviving spouse shall be ent it led t o
one-t hird of t he heredit ary est at e of t he deceased and t he illegit imat e children t o anot her t hird.
The remaining t hird shall be at t he f ree disposal of t he t est at or. (n)
ARTICLE 895. The legit ime of each of t he acknowledged nat ural children and each of t he nat ural
children by legal f ict ion shall consist of one-half of t he legit ime of each of t he legit imat e children or
descendant s.
The legit ime of an illegit imat e child who is neit her an acknowledged nat ural, nor a nat ural child by
legal f ict ion, shall be equal in every case t o f our-f if t hs of t he legit ime of an acknowledged nat ural
child.
The legit ime of t he illegit imat e children shall be t aken f rom t he port ion of t he est at e at t he f ree
disposal of t he t est at or, provided t hat in no case shall t he t ot al legit ime of such illegit imat e
children exceed t hat f ree port ion, and t hat t he legit ime of t he surviving spouse must f irst be f ully
sat isf ied. (840a)
ARTICLE 896. Illegit imat e children who may survive wit h legit imat e parent s or ascendant s of t he
deceased shall be ent it led t o one-f ourt h of t he heredit ary est at e t o be t aken f rom t he port ion at
t he f ree disposal of t he t est at or. (841a)
ARTICLE 897. When t he widow or widower survives wit h legit imat e children or descendant s, and
acknowledged nat ural children, or nat ural children by legal f ict ion, such surviving spouse shall be
ent it led t o a port ion equal t o t he legit ime of each of t he legit imat e children which must be t aken
f rom t hat part of t he est at e which t he t est at or can f reely dispose of . (n)
ARTICLE 898. If t he widow or widower survives wit h legit imat e children or descendant s, and wit h
illegit imat e children ot her t han acknowledged nat ural, or nat ural children by legal f ict ion, t he share
of t he surviving spouse shall be t he same as t hat provided in t he preceding art icle. (n)
ARTICLE 899. When t he widow or widower survives wit h legit imat e parent s or ascendant s and wit h
illegit imat e children, such surviving spouse shall be ent it led t o one-eight h of t he heredit ary est at e
of t he deceased which must be t aken f rom t he f ree port ion, and t he illegit imat e children shall be
ent it led t o one-f ourt h of t he est at e which shall be t aken also f rom t he disposable port ion. The
t est at or may f reely dispose of t he remaining one-eight h of t he est at e. (n)
ARTICLE 900. If t he only survivor is t he widow or widower, she or he shall be ent it led t o one-half of
t he heredit ary est at e of t he deceased spouse, and t he t est at or may f reely dispose of t he ot her
half . (837a)
If t he marriage bet ween t he surviving spouse and t he t est at or was solemnized in art iculo mort is,
and t he t est at or died wit hin t hree mont hs f rom t he t ime of t he marriage, t he legit ime of t he
surviving spouse as t he sole heir shall be one-t hird of t he heredit ary est at e, except when t hey
have been living as husband and wif e f or more t han f ive years. In t he lat t er case, t he legit ime of
t he surviving spouse shall be t hat specif ied in t he preceding paragraph. (n)
ARTICLE 901. When t he t est at or dies leaving illegit imat e children and no ot her compulsory heirs,
such illegit imat e children shall have a right t o one-half of t he heredit ary est at e of t he deceased.
The ot her half shall be at t he f ree disposal of t he t est at or. (842a)
ARTICLE 902. The right s of illegit imat e children set f ort h in t he preceding art icles are t ransmit t ed
upon t heir deat h t o t heir descendant s, whet her legit imat e or illegit imat e. (843a)
ARTICLE 903. The legit ime of t he parent s who have an illegit imat e child, when such child leaves
neit her legit imat e descendant s, nor a surviving spouse, nor illegit imat e children, is one-half of t he
heredit ary est at e of such illegit imat e child. If only legit imat e or illegit imat e children are lef t , t he
parent s are not ent it led t o any legit ime what soever. If only t he widow or widower survives wit h
parent s of t he illegit imat e child, t he legit ime of t he parent s is one-f ourt h of t he heredit ary est at e
of t he child, and t hat of t he surviving spouse also one-f ourt h of t he est at e. (n)
ARTICLE 904. The t est at or cannot deprive his compulsory heirs of t heir legit ime, except in cases
expressly specif ied by law.
Neit her can he impose upon t he same any burden, encumbrance, condit ion, or subst it ut ion of any
kind what soever. (813a)
ARTICLE 905. Every renunciat ion or compromise as regards a f ut ure legit ime bet ween t he person
owing it and his compulsory heirs is void, and t he lat t er may claim t he same upon t he deat h of t he
f ormer; but t hey must bring t o collat ion what ever t hey may have received by virt ue of t he
renunciat ion or compromise. (816)
ARTICLE 906. Any compulsory heir t o whom t he t est at or has lef t by any t it le less t han t he legit ime
belonging t o him may demand t hat t he same be f ully sat isf ied. (815)
ARTICLE 907. Test ament ary disposit ions t hat impair or diminish t he legit ime of t he compulsory
heirs shall be reduced on pet it ion of t he same, insof ar as t hey may be inof f icious or excessive.
(817)
ARTICLE 908. To det ermine t he legit ime, t he value of t he propert y lef t at t he deat h of t he t est at or
shall be considered, deduct ing all debt s and charges, which shall not include t hose imposed in t he
will.
To t he net value of t he heredit ary est at e, shall be added t he value of all donat ions by t he t est at or
t hat are subject t o collat ion, at t he t ime he made t hem. (818a)
ARTICLE 909. Donat ions given t o children shall be charged t o t heir legit ime.
Donat ions made t o st rangers shall be charged t o t hat part of t he est at e of which t he t est at or
could have disposed by his last will.
Insof ar as t hey may be inof f icious or may exceed t he disposable port ion, t hey shall be reduced
according t o t he rules est ablished by t his Code. (819a)
ARTICLE 910. Donat ions which an illegit imat e child may have received during t he lif et ime of his
f at her or mot her, shall be charged t o his legit ime.
Should t hey exceed t he port ion t hat can be f reely disposed of , t hey shall be reduced in t he manner
prescribed by t his Code. (847a)
ARTICLE 911. Af t er t he legit ime has been det ermined in accordance wit h t he t hree preceding
art icles, t he reduct ion shall be made as f ollows:
(1) Donat ions shall be respect ed as long as t he legit ime can be covered, reducing or annulling, if
necessary, t he devises or legacies made in t he will;
(2) The reduct ion of t he devises or legacies shall be pro rat a, wit hout any dist inct ion what ever.
If t he t est at or has direct ed t hat a cert ain devise or legacy be paid in pref erence t o ot hers, it shall
not suf f er any reduct ion unt il t he lat t er have been applied in f ull t o t he payment of t he legit ime.
(3) If t he devise or legacy consist s of a usuf ruct or lif e annuit y, whose value may be considered
great er t han t hat of t he disposable port ion, t he compulsory heirs may choose bet ween complying
wit h t he t est ament ary provision and delivering t o t he devisee or legat ee t he part of t he inherit ance
of which t he t est at or could f reely dispose. (820a)
ARTICLE 912. If t he devise subject t o reduct ion should consist of real propert y, which cannot be
convenient ly divided, it shall go t o t he devisee if t he reduct ion does not absorb one-half of it s
value; and in a cont rary case, t o t he compulsory heirs; but t he f ormer and t he lat t er shall reimburse
each ot her in cash f or what respect ively belongs t o t hem.
The devisee who is ent it led t o a legit ime may ret ain t he ent ire propert y, provided it s value does not
exceed t hat of t he disposable port ion and of t he share pert aining t o him as legit ime. (821)
ARTICLE 913. If t he heirs or devisees do not choose t o avail t hemselves of t he right grant ed by
t he preceding art icle, any heir or devisee who did not have such right may exercise it ; should t he
lat t er not make use of it , t he propert y shall be sold at public auct ion at t he inst ance of any one of
t he int erest ed part ies. (822)
ARTICLE 914. The t est at or may devise and bequeat h t he f ree port ion as he may deem f it . (n)
SECTION 6
Disinherit ance
ARTICLE 915. A compulsory heir may, in consequence of disinherit ance, be deprived of his legit ime,
f or causes expressly st at ed by law. (848a)
ARTICLE 916. Disinherit ance can be ef f ect ed only t hrough a will wherein t he legal cause t heref or
shall be specif ied. (849)
ARTICLE 917. The burden of proving t he t rut h of t he cause f or disinherit ance shall rest upon t he
ot her heirs of t he t est at or, if t he disinherit ed heir should deny it . (850)
ARTICLE 918. Disinherit ance wit hout a specif icat ion of t he cause, or f or a cause t he t rut h of
which, if cont radict ed, is not proved, or which is not one of t hose set f ort h in t his Code, shall annul
t he inst it ut ion of heirs insof ar as it may prejudice t he person disinherit ed; but t he devises and
legacies and ot her t est ament ary disposit ions shall be valid t o such ext ent as will not impair t he
legit ime. (851a)
ARTICLE 919. The f ollowing shall be suf f icient causes f or t he disinherit ance of children and
descendant s, legit imat e as well as illegit imat e:
(1) When a child or descendant has been f ound guilt y of an at t empt against t he lif e of t he
t est at or, his or her spouse, descendant s, or ascendant s;
(2) When a child or descendant has accused t he t est at or of a crime f or which t he law prescribes
imprisonment f or six years or more, if t he accusat ion has been f ound groundless;
(3) When a child or descendant has been convict ed of adult ery or concubinage wit h t he spouse of
t he t est at or;
(4) When a child or descendant by f raud, violence, int imidat ion, or undue inf luence causes t he
t est at or t o make a will or t o change one already made;
(5) A ref usal wit hout just if iable cause t o support t he parent or ascendant who disinherit s such
child or descendant ;
(6) Malt reat ment of t he t est at or by word or deed, by t he child or descendant ;
(7) When a child or descendant leads a dishonorable or disgracef ul lif e;
(8) Convict ion of a crime which carries wit h it t he penalt y of civil int erdict ion. (756, 853, 674a)
ARTICLE 920. The f ollowing shall be suf f icient causes f or t he disinherit ance of parent s or
ascendant s, whet her legit imat e or illegit imat e:
(1) When t he parent s have abandoned t heir children or induced t heir daught ers t o live a corrupt or
immoral lif e, or at t empt ed against t heir virt ue;
(2) When t he parent or ascendant has been convict ed of an at t empt against t he lif e of t he
t est at or, his or her spouse, descendant s, or ascendant s;
(3) When t he parent or ascendant has accused t he t est at or of a crime f or which t he law prescribes
imprisonment f or six years or more, if t he accusat ion has been f ound t o be f alse;
(4) When t he parent or ascendant has been convict ed of adult ery or concubinage wit h t he spouse
of t he t est at or;
(5) When t he parent or ascendant by f raud, violence, int imidat ion, or undue inf luence causes t he
t est at or t o make a will or t o change one already made;
(6) The loss of parent al aut horit y f or causes specif ied in t his Code;
(7) The ref usal t o support t he children or descendant s wit hout just if iable cause;
(8) An at t empt by one of t he parent s against t he lif e of t he ot her, unless t here has been a
reconciliat ion bet ween t hem. (756, 854, 674a)
ARTICLE 921. The f ollowing shall be suf f icient causes f or disinherit ing a spouse:
(1) When t he spouse has been convict ed of an at t empt against t he lif e of t he t est at or, his or her
descendant s, or ascendant s;
(2) When t he spouse has accused t he t est at or of a crime f or which t he law prescribes
imprisonment of six years or more, and t he accusat ion has been f ound t o be f alse;
(3) When t he spouse by f raud, violence, int imidat ion, or undue inf luence cause t he t est at or t o
make a will or t o change one already made;
(4) When t he spouse has given cause f or legal separat ion;
(5) When t he spouse has given grounds f or t he loss of parent al aut horit y;
(6) Unjust if iable ref usal t o support t he children or t he ot her spouse. (756, 855, 674a)
ARTICLE 922. A subsequent reconciliat ion bet ween t he of f ender and t he of f ended person
deprives t he lat t er of t he right t o disinherit , and renders inef f ect ual any disinherit ance t hat may
have been made. (856)
ARTICLE 923. The children and descendant s of t he person disinherit ed shall t ake his or her place
and shall preserve t he right s of compulsory heirs wit h respect t o t he legit ime; but t he disinherit ed
parent shall not have t he usuf ruct or administ rat ion of t he propert y which const it ut es t he legit ime.
(857)
SECTION 7
Legacies and Devises
ARTICLE 924. All t hings and right s which are wit hin t he commerce of man may be bequeat hed or
devised. (865a)
ARTICLE 925. A t est at or may charge wit h legacies and devises not only his compulsory heirs but
also t he legat ees and devisees.
The lat t er shall be liable f or t he charge only t o t he ext ent of t he value of t he legacy or t he devise
received by t hem. The compulsory heirs shall not be liable f or t he charge beyond t he amount of
t he f ree port ion given t hem. (858a)
ARTICLE 926. When t he t est at or charges one of t he heirs wit h a legacy or devise, he alone shall
be bound.
Should he not charge anyone in part icular, all shall be liable in t he same proport ion in which t hey
may inherit . (859)
ARTICLE 927. If t wo or more heirs t ake possession of t he est at e, t hey shall be solidarily liable f or
t he loss or dest ruct ion of a t hing devised or bequeat hed, even t hough only one of t hem should
have been negligent . (n)
ARTICLE 928. The heir who is bound t o deliver t he legacy or devise shall be liable in case of
evict ion, if t he t hing is indet erminat e and is indicat ed only by it s kind. (860)
ARTICLE 929. If t he t est at or, heir, or legat ee owns only a part of , or an int erest in t he t hing
bequeat hed, t he legacy or devise shall be underst ood limit ed t o such part or int erest , unless t he
t est at or expressly declares t hat he gives t he t hing in it s ent iret y. (864a)
ARTICLE 930. The legacy or devise of a t hing belonging t o anot her person is void, if t he t est at or
erroneously believed t hat t he t hing pert ained t o him. But if t he t hing bequeat hed, t hough not
belonging t o t he t est at or when he made t he will, af t erwards becomes his, by what ever t it le, t he
disposit ion shall t ake ef f ect . (862a)
ARTICLE 931. If t he t est at or orders t hat a t hing belonging t o anot her be acquired in order t hat it
be given t o a legat ee or devisee, t he heir upon whom t he obligat ion is imposed or t he est at e must
acquire it and give t he same t o t he legat ee or devisee; but if t he owner of t he t hing ref uses t o
alienat e t he same, or demands an excessive price t heref or, t he heir or t he est at e shall only be
obliged t o give t he just value of t he t hing. (861a)
ARTICLE 932. The legacy or devise of a t hing which at t he t ime of t he execut ion of t he will already
belonged t o t he legat ee or devisee shall be inef f ect ive, even t hough anot her person may have
some int erest t herein.
If t he t est at or expressly orders t hat t he t hing be f reed f rom such int erest or encumbrance, t he
legacy or devise shall be valid t o t hat ext ent . (866a)
ARTICLE 933. If t he t hing bequeat hed belonged t o t he legat ee or devisee at t he t ime of t he
execut ion of t he will, t he legacy or devise shall be wit hout ef f ect , even t hough it may have
subsequent ly alienat ed by him.
If t he legat ee or devisee acquires it grat uit ously af t er such t ime, he can claim not hing by virt ue of
t he legacy or devise; but if it has been acquired by onerous t it le he can demand reimbursement
f rom t he heir or t he est at e. (878a)
ARTICLE 934. If t he t est at or should bequeat h or devise somet hing pledged or mort gaged t o
secure a recoverable debt bef ore t he execut ion of t he will, t he est at e is obliged t o pay t he debt ,
unless t he cont rary int ent ion appears.
The same rule applies when t he t hing is pledged or mort gaged af t er t he execut ion of t he will.
Any ot her charge, perpet ual or t emporary, wit h which t he t hing bequeat hed is burdened, passes
wit h it t o t he legat ee or devisee. (867a)
ARTICLE 935. The legacy of a credit against a t hird person or of t he remission or release of a debt
of t he legat ee shall be ef f ect ive only as regards t hat part of t he credit or debt exist ing at t he t ime
of t he deat h of t he t est at or.
In t he f irst case, t he est at e shall comply wit h t he legacy by assigning t o t he legat ee all right s of
act ion it may have against t he debt or. In t he second case, by giving t he legat ee an acquit t ance,
should he request one.
In bot h cases, t he legacy shall comprise all int erest s on t he credit or debt which may be due t he
t est at or at t he t ime of his deat h. (870a)
ARTICLE 936. The legacy ref erred t o in t he preceding art icle shall lapse if t he t est at or, af t er having
made it , should bring an act ion against t he debt or f or t he payment of his debt , even if such
payment should not have been ef f ect ed at t he t ime of his deat h.
The legacy t o t he debt or of t he t hing pledged by him is underst ood t o discharge only t he right of
pledge. (871)
ARTICLE 937. A generic legacy of release or remission of debt s comprises t hose exist ing at t he
t ime of t he execut ion of t he will, but not subsequent ones. (872)
ARTICLE 938. A legacy or devise made t o a credit or shall not be applied t o his credit , unless t he
t est at or so expressly declares.
In t he lat t er case, t he credit or shall have t he right t o collect t he excess, if any, of t he credit or of
t he legacy or devise. (873a)
ARTICLE 939. If t he t est at or orders t he payment of what he believes he owes but does not in f act
owe, t he disposit ion shall be considered as not writ t en. If as regards a specif ied debt more t han
t he amount t hereof is ordered paid, t he excess is not due, unless a cont rary int ent ion appears.
The f oregoing provisions are wit hout prejudice t o t he f ulf illment of nat ural obligat ions. (n)
ARTICLE 940. In alt ernat ive legacies or devises, t he choice is presumed t o be lef t t o t he heir upon
whom t he obligat ion t o give t he legacy or devise may be imposed, or t he execut or or administ rat or
of t he est at e if no part icular heir is so obliged.
If t he heir, legat ee or devisee, who may have been given t he choice, dies bef ore making it , t his right
shall pass t o t he respect ive heirs.
Once made, t he choice is irrevocable.
In t he alt ernat ive legacies or devises, except as herein provided, t he provisions of t his Code
regulat ing obligat ions of t he same kind shall be observed, save such modif icat ions as may appear
f rom t he int ent ion expressed by t he t est at or. (874a)
ARTICLE 941. A legacy of generic personal propert y shall be valid even if t here be no t hings of t he
same kind in t he est at e.
A devise of indet erminat e real propert y shall be valid only if t here be immovable propert y of it s kind
in t he est at e.
The right of choice shall belong t o t he execut or or administ rat or who shall comply wit h t he legacy
by t he delivery of a t hing which is neit her of inf erior nor of superior qualit y. (875a)
ARTICLE 942. Whenever t he t est at or expressly leaves t he right of choice t o t he heir, or t o t he
legat ee or devisee, t he f ormer may give or t he lat t er may choose whichever he may pref er. (876a)
ARTICLE 943. If t he heir, legat ee or devisee cannot make t he choice, in case it has been grant ed
him, his right shall pass t o his heirs; but a choice once made shall be irrevocable. (877a)
ARTICLE 944. A legacy f or educat ion last s unt il t he legat ee is of age, or beyond t he age of
majorit y in order t hat t he legat ee may f inish some prof essional, vocat ional or general course,
provided he pursues his course diligent ly.
A legacy f or support last s during t he lif et ime of t he legat ee, if t he t est at or has not ot herwise
provided.
If t he t est at or has not f ixed t he amount of such legacies, it shall be f ixed in accordance wit h t he
social st anding and t he circumst ances of t he legat ee and t he value of t he est at e.
If t he t est at or during his lif et ime used t o give t he legat ee a cert ain sum of money or ot her t hings
by way of support , t he same amount shall be deemed bequeat hed, unless it be markedly
disproport ionat e t o t he value of t he est at e. (879a)
ARTICLE 945. If a periodical pension, or a cert ain annual, mont hly, or weekly amount is
bequeat hed, t he legat ee may pet it ion t he court f or t he f irst inst allment upon t he deat h of t he
t est at or, and f or t he f ollowing ones which shall be due at t he beginning of each period; such
payment shall not be ret urned, even t hough t he legat ee should die bef ore t he expirat ion of t he
period which has commenced. (880a)
ARTICLE 946. If t he t hing bequeat hed should be subject t o a usuf ruct , t he legat ee or devisee shall
respect such right unt il it is legally ext inguished. (868a)
ARTICLE 947. The legat ee or devisee acquires a right t o t he pure and simple legacies or devises
f rom t he deat h of t he t est at or, and t ransmit s it t o his heirs. (881a)
ARTICLE 948. If t he legacy or devise is of a specif ic and det erminat e t hing pert aining t o t he
t est at or, t he legat ee or devisee acquires t he ownership t hereof upon t he deat h of t he t est at or, as
well as any growing f ruit s, or unborn of f spring of animals, or uncollect ed income; but not t he
income which was due and unpaid bef ore t he lat t ers deat h.
From t he moment of t he t est at ors deat h, t he t hing bequeat hed shall be at t he risk of t he legat ee
or devisee, who shall, t heref ore, bear it s loss or det eriorat ion, and shall be benef it ed by it s increase
or improvement , wit hout prejudice t o t he responsibilit y of t he execut or or administ rat or. (882a)
ARTICLE 949. If t he bequest should not be of a specif ic and det erminat e t hing, but is generic or of
quant it y, it s f ruit s and int erest s f rom t he t ime of t he deat h of t he t est at or shall pert ain t o t he
legat ee or devisee if t he t est at or has expressly so ordered. (884a)
ARTICLE 950. If t he est at e should not be suf f icient t o cover all t he legacies or devises, t heir
payment shall be made in t he f ollowing order:
(1) Remunerat ory legacies or devises;
(2) Legacies or devises declared by t he t est at or t o be pref erent ial;
(3) Legacies f or support ;
(4) Legacies f or educat ion;
(5) Legacies or devises of a specif ic, det erminat e t hing which f orms a part of t he est at e;
(6) All ot hers pro rat a. (887a)
ARTICLE 951. The t hing bequeat hed shall be delivered wit h all it s accessions and accessories and
in t he condit ion in which it may be upon t he deat h of t he t est at or. (883a)
ARTICLE 952. The heir, charged wit h a legacy or devise, or t he execut or or administ rat or of t he
est at e, must deliver t he very t hing bequeat hed if he is able t o do so and cannot discharge t his
obligat ion by paying it s value.
Legacies of money must be paid in cash, even t hough t he heir or t he est at e may not have any.
The expenses necessary f or t he delivery of t he t hing bequeat hed shall be f or t he account of t he
heir or t he est at e, but wit hout prejudice t o t he legit ime. (886a)
ARTICLE 953. The legat ee or devisee cannot t ake possession of t he t hing bequeat hed upon his
own aut horit y, but shall request it s delivery and possession of t he heir charged wit h t he legacy or
devise, or of t he execut or or administ rat or of t he est at e should he be aut horized by t he court t o
deliver it . (885a)
ARTICLE 954. The legat ee or devisee cannot accept a part of t he legacy or devise and repudiat e
t he ot her, if t he lat t er be onerous.
Should he die bef ore having accept ed t he legacy or devise, leaving several heirs, some of t he lat t er
may accept and t he ot hers may repudiat e t he share respect ively belonging t o t hem in t he legacy
or devise. (889a)
ARTICLE 955. The legat ee or devisee of t wo legacies or devises, one of which is onerous, cannot
renounce t he onerous one and accept t he ot her. If bot h are onerous or grat uit ous, he shall be f ree
t o accept or renounce bot h, or t o renounce eit her. But if t he t est at or int ended t hat t he t wo
legacies or devises should be inseparable f rom each ot her, t he legat ee or devisee must eit her
accept or renounce bot h.
Any compulsory heir who is at t he same t ime a legat ee or devisee may waive t he inherit ance and
accept t he legacy or devise, or renounce t he lat t er and accept t he f ormer, or waive or accept bot h.
(890a)
ARTICLE 956. If t he legat ee or devisee cannot or is unwilling t o accept t he legacy or devise, or if
t he legacy or devise f or any reason should become inef f ect ive, it shall be merged int o t he mass of
t he est at e, except in cases of subst it ut ion and of t he right of accret ion. (888a)
ARTICLE 957. The legacy or devise shall be wit hout ef f ect :
(1) If t he t est at or t ransf orms t he t hing bequeat hed in such a manner t hat it does not ret ain eit her
t he f orm or t he denominat ion it had;
(2) If t he t est at or by any t it le or f or any cause alienat es t he t hing bequeat hed or any part t hereof ,
it being underst ood t hat in t he lat t er case t he legacy or devise shall be wit hout ef f ect only wit h
respect t o t he part t hus alienat ed. If af t er t he alienat ion t he t hing should again belong t o t he
t est at or, even if it be by reason of nullit y of t he cont ract , t he legacy or devise shall not t hereaf t er
be valid, unless t he reacquisit ion shall have been ef f ect ed by virt ue of t he exercise of t he right of
repurchase;
(3) If t he t hing bequeat hed is t ot ally lost during t he lif et ime of t he t est at or, or af t er his deat h
wit hout t he heirs f ault . Nevert heless, t he person obliged t o pay t he legacy or devise shall be liable
f or evict ion if t he t hing bequeat hed should not have been det erminat e as t o it s kind, in accordance
wit h t he provisions of art icle 928. (869a)
ARTICLE 958. A mist ake as t o t he name of t he t hing bequeat hed or devised, is of no
consequence, if it is possible t o ident if y t he t hing which t he t est at or int ended t o bequeat h or
devise. (n)
ARTICLE 959. A disposit ion made in general t erms in f avor of t he t est at ors relat ives shall be
underst ood t o be in f avor of t hose nearest in degree. (751)
CHAPTER 3
Legal or Int est at e Succession
SECTION 1
General Provisions
ARTICLE 960. Legal or int est at e succession t akes place:
(1) If a person dies wit hout a will, or wit h a void will, or one which has subsequent ly lost it s validit y;
(2) When t he will does not inst it ut e an heir t o, or dispose of all t he propert y belonging t o t he
t est at or. In such case, legal succession shall t ake place only wit h respect t o t he propert y of which
t he t est at or has not disposed;
(3) If t he suspensive condit ion at t ached t o t he inst it ut ion of heir does not happen or is not f ulf illed,
or if t he heir dies bef ore t he t est at or, or repudiat es t he inherit ance, t here being no subst it ut ion,
and no right of accret ion t akes place;
(4) When t he heir inst it ut ed is incapable of succeeding, except in cases provided in t his Code.
(912a)
ARTICLE 961. In def ault of t est ament ary heirs, t he law vest s t he inherit ance, in accordance wit h
t he rules hereinaf t er set f ort h, in t he legit imat e and illegit imat e relat ives of t he deceased, in t he
surviving spouse, and in t he St at e. (913a)
ARTICLE 962. In every inherit ance, t he relat ive nearest in degree excludes t he more dist ant ones,
saving t he right of represent at ion when it properly t akes place.
Relat ives in t he same degree shall inherit in equal shares, subject t o t he provisions of art icle 1006
wit h respect t o relat ives of t he f ull and half blood, and of art icle 987, paragraph 2, concerning
division bet ween t he pat ernal and mat ernal lines. (921a)
SUBSECTION 1
Relat ionship
ARTICLE 963. Proximit y of relat ionship is det ermined by t he number of generat ions. Each
generat ion f orms a degree. (915)
ARTICLE 964. A series of degrees f orms a line, which may be eit her direct or collat eral.
A direct line is t hat const it ut ed by t he series of degrees among ascendant s and descendant s.
A collat eral line is t hat const it ut ed by t he series of degrees among persons who are not
ascendant s and descendant s, but who come f rom a common ancest or. (916a) ARTICLE 965. The
direct line is eit her descending or ascending.
The f ormer unit es t he head of t he f amily wit h t hose who descend f rom him.
The lat t er binds a person wit h t hose f rom whom he descends. (917)
ARTICLE 966. In t he line, as many degrees are count ed as t here are generat ions or persons,
excluding t he progenit or.
In t he direct line, ascent is made t o t he common ancest or. Thus, t he child is one degree removed
f rom t he parent , t wo f rom t he grandf at her, and t hree f rom t he great -grandparent .
In t he collat eral line, ascent is made t o t he common ancest or and t hen descent is made t o t he
person wit h whom t he comput at ion is t o be made. Thus, a person is t wo degrees removed f rom
his brot her, t hree f rom his uncle, who is t he brot her of his f at her, f our f rom his f irst cousin, and so
f ort h. (918a)
ARTICLE 967. Full blood relat ionship is t hat exist ing bet ween persons who have t he same f at her
and t he same mot her.
Half blood relat ionship is t hat exist ing bet ween persons who have t he same f at her, but not t he
same mot her, or t he same mot her, but not t he same f at her. (920a)
ARTICLE 968. If t here are several relat ives of t he same degree, and one or some of t hem are
unwilling or incapacit at ed t o succeed, his port ion shall accrue t o t he ot hers of t he same degree,
save t he right of represent at ion when it should t ake place. (922)
ARTICLE 969. If t he inherit ance should be repudiat ed by t he nearest relat ive, should t here be one
only, or by all t he nearest relat ives called by law t o succeed, should t here be several, t hose of t he
f ollowing degree shall inherit in t heir own right and cannot represent t he person or persons
repudiat ing t he inherit ance. (923)
SUBSECTION 2
Right of Represent at ion
ARTICLE 970. Represent at ion is a right creat ed by f ict ion of law, by virt ue of which t he
represent at ive is raised t o t he place and t he degree of t he person represent ed, and acquires t he
right s which t he lat t er would have if he were living or if he could have inherit ed. (924a)
ARTICLE 971. The represent at ive is called t o t he succession by t he law and not by t he person
represent ed. The represent at ive does not succeed t he person represent ed but t he one whom t he
person represent ed would have succeeded. (n)
ARTICLE 972. The right of represent at ion t akes place in t he direct descending line, but never in t he
ascending.
In t he collat eral line, it t akes place only in f avor of t he children of brot hers or sist ers, whet her t hey
be of t he f ull or half blood. (925)
ARTICLE 973. In order t hat represent at ion may t ake place, it is necessary t hat t he represent at ive
himself be capable of succeeding t he decedent . (n)
ARTICLE 974. Whenever t here is succession by represent at ion, t he division of t he est at e shall be
made per st irpes, in such manner t hat t he represent at ive or represent at ives shall not inherit more
t han what t he person t hey represent would inherit , if he were living or could inherit . (926a)
ARTICLE 975. When children of one or more brot hers or sist ers of t he deceased survive, t hey shall
inherit f rom t he lat t er by represent at ion, if t hey survive wit h t heir uncles or aunt s. But if t hey alone
survive, t hey shall inherit in equal port ions. (927)
ARTICLE 976. A person may represent him whose inherit ance he has renounced. (928a)
ARTICLE 977. Heirs who repudiat e t heir share may not be represent ed. (929a)
SECTION 2
Order of Int est at e Succession
SUBSECTION 1
Descending Direct Line
ARTICLE 978. Succession pert ains, in t he f irst place, t o t he descending direct line. (930)
ARTICLE 979. Legit imat e children and t heir descendant s succeed t he parent s and ot her
ascendant s, wit hout dist inct ion as t o sex or age, and even if t hey should come f rom dif f erent
marriages.
An adopt ed child succeeds t o t he propert y of t he adopt ing parent s in t he same manner as a
legit imat e child. (931a)
ARTICLE 980. The children of t he deceased shall always inherit f rom him in t heir own right , dividing
t he inherit ance in equal shares. (932)
ARTICLE 981. Should children of t he deceased and descendant s of ot her children who are dead,
survive, t he f ormer shall inherit in t heir own right , and t he lat t er by right of represent at ion. (934a)
ARTICLE 982. The grandchildren and ot her descendant s shall inherit by right of represent at ion,
and if any one of t hem should have died, leaving several heirs, t he port ion pert aining t o him shall
be divided among t he lat t er in equal port ions. (933)
ARTICLE 983. If illegit imat e children survive wit h legit imat e children, t he shares of t he f ormer shall
be in t he proport ions prescribed by art icle 895. (n)
ARTICLE 984. In case of t he deat h of an adopt ed child, leaving no children or descendant s, his
parent s and relat ives by consanguinit y and not by adopt ion, shall be his legal heirs. (n)
SUBSECTION 2
Ascending Direct Line
ARTICLE 985. In def ault of legit imat e children and descendant s of t he deceased, his parent s and
ascendant s shall inherit f rom him, t o t he exclusion of collat eral relat ives. (935a)
ARTICLE 986. The f at her and mot her, if living, shall inherit in equal shares.
Should one only of t hem survive, he or she shall succeed t o t he ent ire est at e of t he child. (936)
ARTICLE 987. In def ault of t he f at her and mot her, t he ascendant s nearest in degree shall inherit .
Should t here be more t han one of equal degree belonging t o t he same line t hey shall divide t he
inherit ance per capit a; should t hey be of dif f erent lines but of equal degree, one-half shall go t o
t he pat ernal and t he ot her half t o t he mat ernal ascendant s. In each line t he division shall be made
per capit a. (937)
SUBSECTION 3
Illegit imat e Children
ARTICLE 988. In t he absence of legit imat e descendant s or ascendant s, t he illegit imat e children
shall succeed t o t he ent ire est at e of t he deceased. (939a)
ARTICLE 989. If , t oget her wit h illegit imat e children, t here should survive descendant s of anot her
illegit imat e child who is dead, t he f ormer shall succeed in t heir own right and t he lat t er by right of
represent at ion. (940a)
ARTICLE 990. The heredit ary right s grant ed by t he t wo preceding art icles t o illegit imat e children
shall be t ransmit t ed upon t heir deat h t o t heir descendant s, who shall inherit by right of
represent at ion f rom t heir deceased grandparent . (941a)
ARTICLE 991. If legit imat e ascendant s are lef t , t he illegit imat e children shall divide t he inherit ance
wit h t hem, t aking one-half of t he est at e, what ever be t he number of t he ascendant s or of t he
illegit imat e children. (942, 841a)
ARTICLE 992. An illegit imat e child has no right t o inherit ab int est at o f rom t he legit imat e children
and relat ives of his f at her or mot her; nor shall such children or relat ives inherit in t he same manner
f rom t he illegit imat e child. (943a)
ARTICLE 993. If an illegit imat e child should die wit hout issue, eit her legit imat e or illegit imat e, his
f at her or mot her shall succeed t o his ent ire est at e; and if t he childs f iliat ion is duly proved as t o
bot h parent s, who are bot h living, t hey shall inherit f rom him share and share alike. (944a)
ARTICLE 994. In def ault of t he f at her or mot her, an illegit imat e child shall be succeeded by his or
her surviving spouse, who shall be ent it led t o t he ent ire est at e.
If t he widow or widower should survive wit h brot hers and sist ers, nephews and nieces, she or he
shall inherit one-half of t he est at e, and t he lat t er t he ot her half . (945a)
SUBSECTION 4
Surviving Spouse
ARTICLE 995. In t he absence of legit imat e descendant s and ascendant s, and illegit imat e children
and t heir descendant s, whet her legit imat e or illegit imat e, t he surviving spouse shall inherit t he
ent ire est at e, wit hout prejudice t o t he right s of brot hers and sist ers, nephews and nieces, should
t here be any, under art icle 1001. (946a)
ARTICLE 996. If a widow or widower and legit imat e children or descendant s are lef t , t he surviving
spouse has in t he succession t he same share as t hat of each of t he children. (834a)
ARTICLE 997. When t he widow or widower survives wit h legit imat e parent s or ascendant s, t he
surviving spouse shall be ent it led t o one-half of t he est at e, and t he legit imat e parent s or
ascendant s t o t he ot her half . (836a)
ARTICLE 998. If a widow or widower survives wit h illegit imat e children, such widow or widower shall
be ent it led t o one-half of t he inherit ance, and t he illegit imat e children or t heir descendant s,
whet her legit imat e or illegit imat e, t o t he ot her half . (n)
ARTICLE 999. When t he widow or widower survives wit h legit imat e children or t heir descendant s
and illegit imat e children or t heir descendant s, whet her legit imat e or illegit imat e, such widow or
widower shall be ent it led t o t he same share as t hat of a legit imat e child. (n)
ARTICLE 1000. If legit imat e ascendant s, t he surviving spouse, and illegit imat e children are lef t , t he
ascendant s shall be ent it led t o one-half of t he inherit ance, and t he ot her half shall be divided
bet ween t he surviving spouse and t he illegit imat e children so t hat such widow or widower shall
have one-f ourt h of t he est at e, and t he illegit imat e children t he ot her f ourt h. (841a)
ARTICLE 1001. Should brot hers and sist ers or t heir children survive wit h t he widow or widower, t he
lat t er shall be ent it led t o one-half of t he inherit ance and t he brot hers and sist ers or t heir children
t o t he ot her half . (953, 837a)
ARTICLE 1002. In case of a legal separat ion, if t he surviving spouse gave cause f or t he separat ion,
he or she shall not have any of t he right s grant ed in t he preceding art icles. (n)
SUBSECTION 5
Collat eral Relat ives
ARTICLE 1003. If t here are no descendant s, ascendant s, illegit imat e children, or a surviving
spouse, t he collat eral relat ives shall succeed t o t he ent ire est at e of t he deceased in accordance
wit h t he f ollowing art icles. (946a)
ARTICLE 1004. Should t he only survivors be brot hers and sist ers of t he f ull blood, t hey shall inherit
in equal shares. (947)
ARTICLE 1005. Should brot hers and sist ers survive t oget her wit h nephews and nieces, who are
t he children of t he descendant s brot hers and sist ers of t he f ull blood, t he f ormer shall inherit per
capit a, and t he lat t er per st irpes. (948)
ARTICLE 1006. Should brot hers and sist ers of t he f ull blood survive t oget her wit h brot hers and
sist ers of t he half blood, t he f ormer shall be ent it led t o a share double t hat of t he lat t er. (949)
ARTICLE 1007. In case brot hers and sist ers of t he half blood, some on t he f at hers and some on
t he mot hers side, are t he only survivors, all shall inherit in equal shares wit hout dist inct ion as t o
t he origin of t he propert y. (950)
ARTICLE 1008. Children of brot hers and sist ers of t he half blood shall succeed per capit a or per
st irpes, in accordance wit h t he rules laid down f or brot hers and sist ers of t he f ull blood. (915)
ARTICLE 1009. Should t here be neit her brot hers nor sist ers, nor children of brot hers or sist ers, t he
ot her collat eral relat ives shall succeed t o t he est at e.
The lat t er shall succeed wit hout dist inct ion of lines or pref erence among t hem by reason of
relat ionship by t he whole blood. (954a)
ARTICLE 1010. The right t o inherit ab int est at o shall not ext end beyond t he f if t h degree of
relat ionship in t he collat eral line. (955a)
SUBSECTION 6
The St at e
ARTICLE 1011. In def ault of persons ent it led t o succeed in accordance wit h t he provisions of t he
preceding Sect ions, t he St at e shall inherit t he whole est at e. (956a)
ARTICLE 1012. In order t hat t he St at e may t ake possession of t he propert y ment ioned in t he
preceding art icle, t he pert inent provisions of t he Rules of Court must be observed. (958a)
ARTICLE 1013. Af t er t he payment of debt s and charges, t he personal propert y shall be assigned
t o t he municipalit y or cit y where t he deceased last resided in t he Philippines, and t he real est at e t o
t he municipalit ies or cit ies, respect ively, in which t he same is sit uat ed.
If t he deceased never resided in t he Philippines, t he whole est at e shall be assigned t o t he
respect ive municipalit ies or cit ies where t he same is locat ed.
Such est at e shall be f or t he benef it of public schools, and public charit able inst it ut ions and
cent ers, in such municipalit ies or cit ies. The court shall dist ribut e t he est at e as t he respect ive
needs of each benef iciary may warrant .
The court , at t he inst ance of an int erest ed part y, or on it s own mot ion, may order t he
est ablishment of a permanent t rust , so t hat only t he income f rom t he propert y shall be used.
(956a)
ARTICLE 1014. If a person legally ent it led t o t he est at e of t he deceased appears and f iles a claim
t heret o wit h t he court wit hin f ive years f rom t he dat e t he propert y was delivered t o t he St at e,
such person shall be ent it led t o t he possession of t he same, or if sold, t he municipalit y or cit y shall
be account able t o him f or such part of t he proceeds as may not have been lawf ully spent . (n)
CHAPTER 4
Provisions Common t o Test at e and Int est at e Successions
SECTION 1
Right of Accret ion
ARTICLE 1015. Accret ion is a right by virt ue of which, when t wo or more persons are called t o t he
same inherit ance, devise or legacy, t he part assigned t o t he one who renounces or cannot receive
his share, or who died bef ore t he t est at or, is added or incorporat ed t o t hat of his co-heirs, co-
devisees, or co-legat ees. (n)
ARTICLE 1016. In order t hat t he right of accret ion may t ake place in a t est ament ary succession, it
shall be necessary:
(1) That t wo or more persons be called t o t he same inherit ance, or t o t he same port ion t hereof ,
pro indiviso; and
(2) That one of t he persons t hus called die bef ore t he t est at or, or renounce t he inherit ance, or be
incapacit at ed t o receive it . (982a)
ARTICLE 1017. The words one-half f or each or in equal shares or any ot hers which, t hough
designat ing an aliquot part , do not ident if y it by such descript ion as shall make each heir t he
exclusive owner of det erminat e propert y, shall not exclude t he right of accret ion.
In case of money or f ungible goods, if t he share of each heir is not earmarked, t here shall be a
right of accret ion. (983a)
ARTICLE 1018. In legal succession t he share of t he person who repudiat es t he inherit ance shall
always accrue t o his co-heirs. (981)
ARTICLE 1019. The heirs t o whom t he port ion goes by t he right of accret ion t ake it in t he same
proport ion t hat t hey inherit . (n)
ARTICLE 1020. The heirs t o whom t he inherit ance accrues shall succeed t o all t he right s and
obligat ions which t he heir who renounced or could not receive it would have had. (984)
ARTICLE 1021. Among t he compulsory heirs t he right of accret ion shall t ake place only when t he
f ree port ion is lef t t o t wo or more of t hem, or t o any one of t hem and t o a st ranger.
Should t he part repudiat ed be t he legit ime, t he ot her co-heirs shall succeed t o it in t heir own right ,
and not by t he right of accret ion. (985)
ARTICLE 1022. In t est ament ary succession, when t he right of accret ion does not t ake place, t he
vacant port ion of t he inst it ut ed heirs, if no subst it ut e has been designat ed, shall pass t o t he legal
heirs of t he t est at or, who shall receive it wit h t he same charges and obligat ions. (986)
ARTICLE 1023. Accret ion shall also t ake place among devisees, legat ees and usuf ruct uaries under
t he same condit ions est ablished f or heirs. (987a)
SECTION 2
Capacit y t o Succeed by Will or by Int est acy
ARTICLE 1024. Persons not incapacit at ed by law may succeed by will or ab int est at o.
The provisions relat ing t o incapacit y by will are equally applicable t o int est at e succession. (744,
914)
ARTICLE 1025. In order t o be capacit at ed t o inherit , t he heir, devisee or legat ee must be living at
t he moment t he succession opens, except in case of represent at ion, when it is proper.
A child already conceived at t he t ime of t he deat h of t he decedent is capable of succeeding
provided it be born lat er under t he condit ions prescribed in art icle 41. (n)
ARTICLE 1026. A t est ament ary disposit ion may be made t o t he St at e, provinces, municipal
corporat ions, privat e corporat ions, organizat ions, or associat ions f or religious, scient if ic, cult ural,
educat ional, or charit able purposes.
All ot her corporat ions or ent it ies may succeed under a will, unless t here is a provision t o t he
cont rary in t heir chart er or t he laws of t heir creat ion, and always subject t o t he same. (746a)
ARTICLE 1027. The f ollowing are incapable of succeeding:
(1) The priest who heard t he conf ession of t he t est at or during his last illness, or t he minist er of t he
gospel who ext ended spirit ual aid t o him during t he same period;
(2) The relat ives of such priest or minist er of t he gospel wit hin t he f ourt h degree, t he church,
order, chapt er, communit y, organizat ion, or inst it ut ion t o which such priest or minist er may belong;
(3) A guardian wit h respect t o t est ament ary disposit ions given by a ward in his f avor bef ore t he
f inal account s of t he guardianship have been approved, even if t he t est at or should die af t er t he
approval t hereof ; nevert heless, any provision made by t he ward in f avor of t he guardian when t he
lat t er is his ascendant , descendant , brot her, sist er, or spouse, shall be valid;
(4) Any at t est ing wit ness t o t he execut ion of a will, t he spouse, parent s, or children, or any one
claiming under such wit ness, spouse, parent s, or children;
(5) Any physician, surgeon, nurse, healt h of f icer or druggist who t ook care of t he t est at or during
his last illness;
(6) Individuals, associat ions and corporat ions not permit t ed by law t o inherit . (745, 752, 753, 754a)
ARTICLE 1028. The prohibit ions ment ioned in art icle 739, concerning donat ions int er vivos shall
apply t o t est ament ary provisions. (n)
ARTICLE 1029. Should t he t est at or dispose of t he whole or part of his propert y f or prayers and
pious works f or t he benef it of his soul, in general t erms and wit hout specif ying it s applicat ion, t he
execut or, wit h t he court s approval shall deliver one-half t hereof or it s proceeds t o t he church or
denominat ion t o which t he t est at or may belong, t o be used f or such prayers and pious works, and
t he ot her half t o t he St at e, f or t he purposes ment ioned in art icle 1013. (747a)
ARTICLE 1030. Test ament ary provisions in f avor of t he poor in general, wit hout designat ion of
part icular persons or of any communit y, shall be deemed limit ed t o t he poor living in t he domicile of
t he t est at or at t he t ime of his deat h, unless it should clearly appear t hat his int ent ion was
ot herwise.
The designat ion of t he persons who are t o be considered as poor and t he dist ribut ion of t he
propert y shall be made by t he person appoint ed by t he t est at or f or t he purpose; in def ault of such
person, by t he execut or, and should t here be no execut or, by t he just ice of t he peace, t he mayor,
and t he municipal t reasurer, who shall decide by a majorit y of vot es all quest ions t hat may arise. In
all t hese cases, t he approval of t he Court of First Inst ance shall be necessary.
The preceding paragraph shall apply when t he t est at or has disposed of his propert y in f avor of t he
poor of a def init e localit y. (749a)
ARTICLE 1031. A t est ament ary provision in f avor of a disqualif ied person, even t hough made
under t he guise of an onerous cont ract , or made t hrough an int ermediary, shall be void. (755)
ARTICLE 1032. The f ollowing are incapable of succeeding by reason of unwort hiness:
(1) Parent s who have abandoned t heir children or induced t heir daught ers t o lead a corrupt or
immoral lif e, or at t empt ed against t heir virt ue;
(2) Any person who has been convict ed of an at t empt against t he lif e of t he t est at or, his or her
spouse, descendant s, or ascendant s;
(3) Any person who has accused t he t est at or of a crime f or which t he law prescribes imprisonment
f or six years or more, if t he accusat ion has been f ound groundless;
(4) Any heir of f ull age who, having knowledge of t he violent deat h of t he t est at or, should f ail t o
report it t o an of f icer of t he law wit hin a mont h, unless t he aut horit ies have already t aken act ion;
t his prohibit ion shall not apply t o cases wherein, according t o law, t here is no obligat ion t o make
an accusat ion;
(5) Any person convict ed of adult ery or concubinage wit h t he spouse of t he t est at or;
(6) Any person who by f raud, violence, int imidat ion, or undue inf luence should cause t he t est at or
t o make a will or t o change one already made;
(7) Any person who by t he same means prevent s anot her f rom making a will, or f rom revoking one
already made, or who supplant s, conceals, or alt ers t he lat t ers will;
(8) Any person who f alsif ies or f orges a supposed will of t he decedent . (756, 673, 674a)
ARTICLE 1033. The causes of unwort hiness shall be wit hout ef f ect if t he t est at or had knowledge
t hereof at t he t ime he made t he will, or if , having known of t hem subsequent ly, he should condone
t hem in writ ing. (757a)
ARTICLE 1034. In order t o judge t he capacit y of t he heir, devisee or legat ee, his qualif icat ion at t he
t ime of t he deat h of t he decedent shall be t he crit erion.
In cases f alling under Nos. 2, 3, or 5 of art icle 1032, it shall be necessary t o wait unt il f inal judgment
is rendered, and in t he case f alling under No. 4, t he expirat ion of t he mont h allowed f or t he report .
If t he inst it ut ion, devise or legacy should be condit ional, t he t ime of t he compliance wit h t he
condit ion shall also be considered. (758a)
ARTICLE 1035. If t he person excluded f rom t he inherit ance by reason of incapacit y should be a
child or descendant of t he decedent and should have children or descendant s, t he lat t er shall
acquire his right t o t he legit ime.
The person so excluded shall not enjoy t he usuf ruct and administ rat ion of t he propert y t hus
inherit ed by his children. (761a)
ARTICLE 1036. Alienat ions of heredit ary propert y, and act s of administ rat ion perf ormed by t he
excluded heir, bef ore t he judicial order of exclusion, are valid as t o t he t hird persons who act ed in
good f ait h; but t he co-heirs shall have a right t o recover damages f rom t he disqualif ied heir. (n)
ARTICLE 1037. The unwort hy heir who is excluded f rom t he succession has a right t o demand
indemnit y f or any expenses incurred in t he preservat ion of t he heredit ary propert y, and t o enf orce
such credit s as he may have against t he est at e. (n)
ARTICLE 1038. Any person incapable of succession, who, disregarding t he prohibit ion st at ed in t he
preceding art icles, ent ered int o t he possession of t he heredit ary propert y, shall be obliged t o
ret urn it t oget her wit h it s accessions.
He shall be liable f or all t he f ruit s and rent s he may have received, or could have received t hrough
t he exercise of due diligence. (760a)
ARTICLE 1039. Capacit y t o succeed is governed by t he law of t he nat ion of t he decedent . (n)
ARTICLE 1040. The act ion f or a declarat ion of incapacit y and f or t he recovery of t he inherit ance,
devise or legacy shall be brought wit hin f ive years f rom t he t ime t he disqualif ied person t ook
possession t hereof . It may be brought by any one who may have an int erest in t he succession.
(762a)
SECTION 3
Accept ance and Repudiat ion of t he Inherit ance
ARTICLE 1041. The accept ance or repudiat ion of t he inherit ance is an act which is purely volunt ary
and f ree. (988)
ARTICLE 1042. The ef f ect s of t he accept ance or repudiat ion shall always ret roact t o t he moment
of t he deat h of t he decedent . (989)
ARTICLE 1043. No person may accept or repudiat e an inherit ance unless he is cert ain of t he deat h
of t he person f rom whom he is t o inherit , and of his right t o t he inherit ance. (991)
ARTICLE 1044. Any person having t he f ree disposal of his propert y may accept or repudiat e an
inherit ance.
Any inherit ance lef t t o minors or incapacit at ed persons may be accept ed by t heir parent s or
guardians. Parent s or guardians may repudiat e t he inherit ance lef t t o t heir wards only by judicial
aut horizat ion.
The right t o accept an inherit ance lef t t o t he poor shall belong t o t he persons designat ed by t he
t est at or t o det ermine t he benef iciaries and dist ribut e t he propert y, or in t heir def ault , t o t hose
ment ioned in art icle 1030. (992a)
ARTICLE 1045. The lawf ul represent at ives of corporat ions, associat ions, inst it ut ions and ent it ies
qualif ied t o acquire propert y may accept any inherit ance lef t t o t he lat t er, but in order t o repudiat e
it , t he approval of t he court shall be necessary. (993a)
ARTICLE 1046. Public of f icial est ablishment s can neit her accept nor repudiat e an inherit ance
wit hout t he approval of t he government . (994)
ARTICLE 1047. A married woman of age may repudiat e an inherit ance wit hout t he consent of her
husband. (995a)
ARTICLE 1048. Deaf -mut es who can read and writ e may accept or repudiat e t he inherit ance
personally or t hrough an agent . Should t hey not be able t o read and writ e, t he inherit ance shall be
accept ed by t heir guardians. These guardians may repudiat e t he same wit h judicial approval. (996a)
ARTICLE 1049. Accept ance may be express or t acit .
An express accept ance must be made in a public or privat e document .
A t acit accept ance is one result ing f rom act s by which t he int ent ion t o accept is necessarily
implied, or which one would have no right t o do except in t he capacit y of an heir.
Act s of mere preservat ion or provisional administ rat ion do not imply an accept ance of t he
inherit ance if , t hrough such act s, t he t it le or capacit y of an heir has not been assumed. (999a)
ARTICLE 1050. An inherit ance is deemed accept ed:
(1) If t he heirs sells, donat es, or assigns his right t o a st ranger, or t o his co-heirs, or t o any of t hem;
(2) If t he heir renounces t he same, even t hough grat uit ously, f or t he benef it of one or more of his
co-heirs;
(3) If he renounces it f or a price in f avor of all his co-heirs indiscriminat ely; but if t his renunciat ion
should be grat uit ous, and t he co-heirs in whose f avor it is made are t hose upon whom t he port ion
renounced should devolve by virt ue of accret ion, t he inherit ance shall not be deemed as accept ed.
(1000)
ARTICLE 1051. The repudiat ion of an inherit ance shall be made in a public or aut hent ic inst rument ,
or by pet it ion present ed t o t he court having jurisdict ion over t he t est ament ary or int est at e
proceedings. (1008)
ARTICLE 1052. If t he heir repudiat es t he inherit ance t o t he prejudice of his own credit ors, t he lat t er
may pet it ion t he court t o aut horize t hem t o accept it in t he name of t he heir.
The accept ance shall benef it t he credit ors only t o an ext ent suf f icient t o cover t he amount of
t heir credit s. The excess, should t here be any, shall in no case pert ain t o t he renouncer, but shall
be adjudicat ed t o t he persons t o whom, in accordance wit h t he rules est ablished in t his Code, it
may belong. (1001)
ARTICLE 1053. If t he heir should die wit hout having accept ed or repudiat ed t he inherit ance his
right shall be t ransmit t ed t o his heirs. (1006)
ARTICLE 1054. Should t here be several heirs called t o t he inherit ance, some of t hem may accept
and t he ot hers may repudiat e it . (1007a)
ARTICLE 1055. If a person, who is called t o t he same inherit ance as an heir by will and ab int est at o,
repudiat es t he inherit ance in his capacit y as a t est ament ary heir, he is underst ood t o have
repudiat ed it in bot h capacit ies.
Should he repudiat e it as an int est at e heir, wit hout knowledge of his being a t est ament ary heir, he
may st ill accept it in t he lat t er capacit y. (1009)
ARTICLE 1056. The accept ance or repudiat ion of an inherit ance, once made, is irrevocable, and
cannot be impugned, except when it was made t hrough any of t he causes t hat vit iat e consent , or
when an unknown will appears. (997)
ARTICLE 1057. Wit hin t hirt y days af t er t he court has issued an order f or t he dist ribut ion of t he
est at e in accordance wit h t he Rules of Court , t he heirs, devisees and legat ees shall signif y t o t he
court having jurisdict ion whet her t hey accept or repudiat e t he inherit ance.
If t hey do not do so wit hin t hat t ime, t hey are deemed t o have accept ed t he inherit ance. (n)
SECTION 4
Execut ors and Administ rat ors
ARTICLE 1058. All mat t ers relat ing t o t he appoint ment , powers and dut ies of execut ors and
administ rat ors and concerning t he administ rat ion of est at es of deceased persons shall be
governed by t he Rules of Court . (n)
ARTICLE 1059. If t he asset s of t he est at e of a decedent which can be applied t o t he payment of
debt s are not suf f icient f or t hat purpose, t he provisions of art icles 2239 t o 2251 on Pref erence of
Credit s shall be observed, provided t hat t he expenses ref erred t o in art icle 2244, No. 8, shall be
t hose involved in t he administ rat ion of t he decedent s est at e. (n)
ARTICLE 1060. A corporat ion or associat ion aut horized t o conduct t he business of a t rust
company in t he Philippines may be appoint ed as an execut or, administ rat or, guardian of an est at e,
or t rust ee, in like manner as an individual; but it shall not be appoint ed guardian of t he person of a
ward. (n) ssiwwI
SECTION 5
Collat ion
ARTICLE 1061. Every compulsory heir, who succeeds wit h ot her compulsory heirs, must bring int o
t he mass of t he est at e any propert y or right which he may have received f rom t he decedent ,
during t he lif et ime of t he lat t er, by way of donat ion, or any ot her grat uit ous t it le, in order t hat it
may be comput ed in t he det erminat ion of t he legit ime of each heir, and in t he account of t he
part it ion. (1035a)
ARTICLE 1062. Collat ion shall not t ake place among compulsory heirs if t he donor should have so
expressly provided, or if t he donee should repudiat e t he inherit ance, unless t he donat ion should be
reduced as inof f icious. (1036)
ARTICLE 1063. Propert y lef t by will is not deemed subject t o collat ion, if t he t est at or has not
ot herwise provided, but t he legit ime shall in any case remain unimpaired. (1037)
ARTICLE 1064. When grandchildren, who survive wit h t heir uncles, aunt s, or cousins, inherit f rom
t heir grandparent s in represent at ion of t heir f at her or mot her, t hey shall bring t o collat ion all t hat
t heir parent s, if alive, would have been obliged t o bring, even t hough such grandchildren have not
inherit ed t he propert y.
They shall also bring t o collat ion all t hat t hey may have received f rom t he decedent during his
lif et ime, unless t he t est at or has provided ot herwise, in which case his wishes must be respect ed, if
t he legit ime of t he co-heirs is not prejudiced. (1038)
ARTICLE 1065. Parent s are not obliged t o bring t o collat ion in t he inherit ance of t heir ascendant s
any propert y which may have been donat ed by t he lat t er t o t heir children. (1039)
ARTICLE 1066. Neit her shall donat ions t o t he spouse of t he child be brought t o collat ion; but if
t hey have been given by t he parent t o t he spouses joint ly, t he child shall be obliged t o bring t o
collat ion one-half of t he t hing donat ed. (1040)
ARTICLE 1067. Expenses f or support , educat ion, medical at t endance, even in ext raordinary illness,
apprent iceship, ordinary equipment , or cust omary gif t s are not subject t o collat ion. (1041)
ARTICLE 1068. Expenses incurred by t he parent s in giving t heir children a prof essional, vocat ional
or ot her career shall not be brought t o collat ion unless t he parent s so provide, or unless t hey
impair t he legit ime; but when t heir collat ion is required, t he sum which t he child would have spent if
he had lived in t he house and company of his parent s shall be deduct ed t heref rom. (1042a)
ARTICLE 1069. Any sums paid by a parent in sat isf act ion of t he debt s of his children, elect ion
expenses, f ines, and similar expenses shall be brought t o collat ion. (1043a)
ARTICLE 1070. Wedding gif t s by parent s and ascendant s consist ing of jewelry, clot hing, and
out f it , shall not be reduced as inof f icious except insof ar as t hey may exceed one-t ent h of t he sum
which is disposable by will. (1044)
ARTICLE 1071. The same t hings donat ed are not t o be brought t o collat ion and part it ion, but only
t heir value at t he t ime of t he donat ion, even t hough t heir just value may not t hen have been
assessed.
Their subsequent increase or det eriorat ion and even t heir t ot al loss or dest ruct ion, be it accident al
or culpable, shall be f or t he benef it or account and risk of t he donee. (1045a)
ARTICLE 1072. In t he collat ion of a donat ion made by bot h parent s, one-half shall be brought t o
t he inherit ance of t he f at her, and t he ot her half , t o t hat of t he mot her. That given by one alone
shall be brought t o collat ion in his or her inherit ance. (1046a)
ARTICLE 1073. The donees share of t he est at e shall be reduced by an amount equal t o t hat
already received by him; and his co-heirs shall receive an equivalent , as much as possible, in
propert y of t he same nat ure, class and qualit y. (1047)
ARTICLE 1074. Should t he provisions of t he preceding art icle be impract icable, if t he propert y
donat ed was immovable, t he co-heirs shall be ent it led t o receive it s equivalent in cash or
securit ies, at t he rat e of quot at ion; and should t here be neit her cash nor market able securit ies in
t he est at e, so much of t he ot her propert y as may be necessary shall be sold at public auct ion.
If t he propert y donat ed was movable, t he co-heirs shall only have a right t o select an equivalent of
ot her personal propert y of t he inherit ance at it s just price. (1048)
ARTICLE 1075. The f ruit s and int erest of t he propert y subject t o collat ion shall not pert ain t o t he
est at e except f rom t he day on which t he succession is opened.
For t he purpose of ascert aining t heir amount , t he f ruit s and int erest of t he propert y of t he est at e
of t he same kind and qualit y as t hat subject t o collat ion shall be made t he st andard of
assessment . (1049)
ARTICLE 1076. The co-heirs are bound t o reimburse t o t he donee t he necessary expenses which
he has incurred f or t he preservat ion of t he propert y donat ed t o him, t hough t hey may not have
augment ed it s value.
The donee who collat es in kind an immovable, which has been given t o him, must be reimbursed by
his co-heirs f or t he improvement s which have increased t he value of t he propert y, and which exist
at t he t ime t he part it ion is ef f ect ed.
As t o works made on t he est at e f or t he mere pleasure of t he donee, no reimbursement is due him
f or t hem; he has, however, t he right t o remove t hem, if he can do so wit hout injuring t he est at e. (n)
ARTICLE 1077. Should any quest ion arise among t he co-heirs upon t he obligat ion t o bring t o
collat ion or as t o t he t hings which are subject t o collat ion, t he dist ribut ion of t he est at e shall not
be int errupt ed f or t his reason, provided adequat e securit y is given. (1050)
SECTION 6
Part it ion and Dist ribut ion of t he Est at e
SUBSECTION 1
Part it ion
ARTICLE 1078. Where t here are t wo or more heirs, t he whole est at e of t he decedent is, bef ore it s
part it ion, owned in common by such heirs, subject t o t he payment of debt s of t he deceased. (n)
ARTICLE 1079. Part it ion, in general, is t he separat ion, division and assignment of a t hing held in
common among t hose t o whom it may belong. The t hing it self may be divided, or it s value. (n)
ARTICLE 1080. Should a person make a part it ion of his est at e by an act int er vivos, or by will, such
part it ion shall be respect ed, insof ar as it does not prejudice t he legit ime of t he compulsory heirs.
A parent who, in t he int erest of his or her f amily, desires t o keep any agricult ural, indust rial, or
manuf act uring ent erprise int act , may avail himself of t he right grant ed him in t his art icle, by
ordering t hat t he legit ime of t he ot her children t o whom t he propert y is not assigned, be paid in
cash. (1056a)
ARTICLE 1081. A person may, by an act int er vivos or mort is causa, int rust t he mere power t o
make t he part it ion af t er his deat h t o any person who is not one of t he co-heirs.
The provisions of t his and of t he preceding art icle shall be observed even should t here be among
t he co-heirs a minor or a person subject t o guardianship; but t he mandat ory, in such case, shall
make an invent ory of t he propert y of t he est at e, af t er not if ying t he co-heirs, t he credit ors, and t he
legat ees or devisees. (1057a)
ARTICLE 1082. Every act which is int ended t o put an end t o indivision among co-heirs and
legat ees or devisees is deemed t o be a part it ion, alt hough it should purport t o be a sale, an
exchange, a compromise, or any ot her t ransact ion. (n)
ARTICLE 1083. Every co-heir has a right t o demand t he division of t he est at e unless t he t est at or
should have expressly f orbidden it s part it ion, in which case t he period of indivision shall not exceed
t went y years as provided in art icle 494. This power of t he t est at or t o prohibit division applies t o
t he legit ime.
Even t hough f orbidden by t he t est at or, t he co-ownership t erminat es when any of t he causes f or
which part nership is dissolved t akes place, or when t he court f inds f or compelling reasons t hat
division should be ordered, upon pet it ion of one of t he co-heirs. (1051a)
ARTICLE 1084. Volunt ary heirs upon whom some condit ion has been imposed cannot demand a
part it ion unt il t he condit ion has been f ulf illed; but t he ot her co-heirs may demand it by giving
suf f icient securit y f or t he right s which t he f ormer may have in case t he condit ion should be
complied wit h; and unt il it is known t hat t he condit ion has not been f ulf illed or can never be
complied wit h, t he part it ion shall be underst ood t o be provisional. (1054a)
ARTICLE 1085. In t he part it ion of t he est at e, equalit y shall be observed as f ar as possible, dividing
t he propert y int o lot s, or assigning t o each of t he co-heirs t hings of t he same nat ure, qualit y and
kind. (1061)
ARTICLE 1086. Should a t hing be indivisible, or would be much impaired by it s being divided, it may
be adjudicat ed t o one of t he heirs, provided he shall pay t he ot hers t he excess in cash.
Nevert heless, if any of t he heirs should demand t hat t he t hing be sold at public auct ion and t hat
st rangers be allowed t o bid, t his must be done. (1062)
ARTICLE 1087. In t he part it ion t he co-heirs shall reimburse one anot her f or t he income and f ruit s
which each one of t hem may have received f rom any propert y of t he est at e, f or any usef ul and
necessary expenses made upon such propert y, and f or any damage t heret o t hrough malice or
neglect . (1063)
ARTICLE 1088. Should any of t he heirs sell his heredit ary right s t o a st ranger bef ore t he part it ion,
any or all of t he co-heirs may be subrogat ed t o t he right s of t he purchaser by reimbursing him f or
t he price of t he sale, provided t hey do so wit hin t he period of one mont h f rom t he t ime t hey were
not if ied in writ ing of t he sale by t he vendor. (1067a)
ARTICLE 1089. The t it les of acquisit ion or ownership of each propert y shall be delivered t o t he co-
heir t o whom said propert y has been adjudicat ed. (1065a)
ARTICLE 1090. When t he t it le comprises t wo or more pieces of land which have been assigned t o
t wo or more co-heirs, or when it covers one piece of land which has been divided bet ween t wo or
more co-heirs, t he t it le shall be delivered t o t he one having t he largest int erest , and aut hent ic
copies of t he t it le shall be f urnished t o t he ot her co-heirs at t he expense of t he est at e. If t he
int erest of each co-heir should be t he same, t he oldest shall have t he t it le. (1066a)
SUBSECTION 2
Ef f ect s of Part it ion
ARTICLE 1091. A part it ion legally made conf ers upon each heir t he exclusive ownership of t he
propert y adjudicat ed t o him. (1068)
ARTICLE 1092. Af t er t he part it ion has been made, t he co-heirs shall be reciprocally bound t o
warrant t he t it le t o, and t he qualit y of , each propert y adjudicat ed. (1069a)
ARTICLE 1093. The reciprocal obligat ion of warrant y ref erred t o in t he preceding art icle shall be
proport ionat e t o t he respect ive heredit ary shares of t he co-heirs, but if any one of t hem should be
insolvent , t he ot her co-heirs shall be liable f or his part in t he same proport ion, deduct ing t he part
corresponding t o t he one who should be indemnif ied.
Those who pay f or t he insolvent heir shall have a right of act ion against him f or reimbursement ,
should his f inancial condit ion improve. (1071)
ARTICLE 1094. An act ion t o enf orce t he warrant y among co-heirs must be brought wit hin t en
years f rom t he dat e t he right of act ion accrues. (n)
ARTICLE 1095. If a credit should be assigned as collect ible, t he co-heirs shall not be liable f or t he
subsequent insolvency of t he debt or of t he est at e, but only f or his insolvency at t he t ime t he
part it ion is made.
The warrant y of t he solvency of t he debt or can only be enf orced during t he f ive years f ollowing
t he part it ion.
Co-heirs do not warrant bad debt s, if so known t o, and accept ed by, t he dist ribut ee. But if such
debt s are not assigned t o a co-heir, and should be collect ed, in whole or in part , t he amount
collect ed shall be dist ribut ed proport ionat ely among t he heirs. (1072a)
ARTICLE 1096. The obligat ion of warrant y among co-heirs shall cease in t he f ollowing cases:
(1) When t he t est at or himself has made t he part it ion, unless it appears, or it may be reasonably
presumed, t hat his int ent ion was ot herwise, but t he legit ime shall always remain unimpaired;
(2) When it has been so expressly st ipulat ed in t he agreement of part it ion, unless t here has been
bad f ait h;
(3) When t he evict ion is due t o a cause subsequent t o t he part it ion, or has been caused by t he
f ault of t he dist ribut ee of t he propert y. (1070a)
SUBSECTION 3
Rescission and Nullit y of Part it ion
ARTICLE 1097. A part it ion may be rescinded or annulled f or t he same causes as cont ract s. (1073a)
ARTICLE 1098. A part it ion, judicial or ext ra-judicial, may also be rescinded on account of lesion,
when any one of t he co-heirs received t hings whose value is less, by at least one-f ourt h, t han t he
share t o which he is ent it led, considering t he value of t he t hings at t he t ime t hey were adjudicat ed.
(1074a)
ARTICLE 1099. The part it ion made by t he t est at or cannot be impugned on t he ground of lesion,
except when t he legit ime of t he compulsory heirs is t hereby prejudiced, or when it appears or may
reasonably be presumed, t hat t he int ent ion of t he t est at or was ot herwise. (1075)
ARTICLE 1100. The act ion f or rescission on account of lesion shall prescribe af t er f our years f rom
t he t ime t he part it ion was made. (1076)
ARTICLE 1101. The heir who is sued shall have t he opt ion of indemnif ying t he plaint if f f or t he loss,
or consent ing t o a new part it ion.
Indemnit y may be made by payment in cash or by t he delivery of a t hing of t he same kind and
qualit y as t hat awarded t o t he plaint if f . EnIiid
If a new part it ion is made, it shall af f ect neit her t hose who have not been prejudiced nor t hose
have not received more t han t heir just share. (1077a)
ARTICLE 1102. An heir who has alienat ed t he whole or a considerable part of t he real propert y
adjudicat ed t o him cannot maint ain an act ion f or rescission on t he ground of lesion, but he shall
have a right t o be indemnif ied in cash. (1078a)
ARTICLE 1103. The omission of one or more object s or securit ies of t he inherit ance shall not
cause t he rescission of t he part it ion on t he ground of lesion, but t he part it ion shall be complet ed
by t he dist ribut ion of t he object s or securit ies which have been omit t ed. (1079a)
ARTICLE 1104. A part it ion made wit h pret erit ion of any of t he compulsory heirs shall not be
rescinded, unless it be proved t hat t here was bad f ait h or f raud on t he part of t he ot her persons
int erest ed; but t he lat t er shall be proport ionat ely obliged t o pay t o t he person omit t ed t he share
which belongs t o him. (1080)
ARTICLE 1105. A part it ion which includes a person believed t o be an heir, but who is not , shall be
void only wit h respect t o such person. (1081a)
TITLE V
Prescript ion
CHAPTER 1
General Provisions
ARTICLE 1106. By prescript ion, one acquires ownership and ot her real right s t hrough t he lapse of
t ime in t he manner and under t he condit ions laid down by law.
In t he same way, right s and act ions are lost by prescript ion. (1930a)
ARTICLE 1107. Persons who are capable of acquiring propert y or right s by t he ot her legal modes
may acquire t he same by means of prescript ion.
Minors and ot her incapacit at ed persons may acquire propert y or right s by prescript ion, eit her
personally or t hrough t heir parent s, guardians or legal represent at ives. (1931a)
ARTICLE 1108. Prescript ion, bot h acquisit ive and ext inct ive, runs against :
(1) Minors and ot her incapacit at ed persons who have parent s, guardians or ot her legal
represent at ives;
(2) Absent ees who have administ rat ors, eit her appoint ed by t hem bef ore t heir disappearance, or
appoint ed by t he court s;
(3) Persons living abroad, who have managers or administ rat ors;
(4) Juridical persons, except t he St at e and it s subdivisions.
Persons who are disqualif ied f rom administ ering t heir propert y have a right t o claim damages f rom
t heir legal represent at ives whose negligence has been t he cause of prescript ion. (1932a)
ARTICLE 1109. Prescript ion does not run bet ween husband and wif e, even t hough t here be a
separat ion of propert y agreed upon in t he marriage set t lement s or by judicial decree.
Neit her does prescript ion run bet ween parent s and children, during t he minorit y or insanit y of t he
lat t er, and bet ween guardian and ward during t he cont inuance of t he guardianship. (n)
ARTICLE 1110. Prescript ion, acquisit ive and ext inct ive, runs in f avor of , or against a married
woman. (n)
ARTICLE 1111. Prescript ion obt ained by a co-propriet or or a co-owner shall benef it t he ot hers.
(1933)
ARTICLE 1112. Persons wit h capacit y t o alienat e propert y may renounce prescript ion already
obt ained, but not t he right t o prescribe in t he f ut ure.
Prescript ion is deemed t o have been t acit ly renounced when t he renunciat ion result s f rom act s
which imply t he abandonment of t he right acquired. (1935)
ARTICLE 1113. All t hings which are wit hin t he commerce of men are suscept ible of prescript ion,
unless ot herwise provided. Propert y of t he St at e or any of it s subdivisions not pat rimonial in
charact er shall not be t he object of prescript ion. (1936a)
ARTICLE 1114. Credit ors and all ot her persons int erest ed in making t he prescript ion ef f ect ive may
avail t hemselves t hereof not wit hst anding t he express or t acit renunciat ion by t he debt or or
propriet or. (1937)
ARTICLE 1115. The provisions of t he present Tit le are underst ood t o be wit hout prejudice t o what
in t his Code or in special laws is est ablished wit h respect t o specif ic cases of prescript ion. (1938)
ARTICLE 1116. Prescript ion already running bef ore t he ef f ect ivit y of t his Code shall be governed
by laws previously in f orce; but if since t he t ime t his Code t ook ef f ect t he ent ire period herein
required f or prescript ion should elapse, t he present Code shall be applicable, even t hough by t he
f ormer laws a longer period might be required. (1939)
CHAPTER 2
Prescript ion of Ownership and Ot her Real Right s
ARTICLE 1117. Acquisit ive prescript ion of dominion and ot her real right s may be ordinary or
ext raordinary.
Ordinary acquisit ive prescript ion requires possession of t hings in good f ait h and wit h just t it le f or
t he t ime f ixed by law. (1940a)
ARTICLE 1118. Possession has t o be in t he concept of an owner, public, peacef ul and
unint errupt ed. (1941)
ARTICLE 1119. Act s of possessory charact er execut ed in virt ue of license or by mere t olerance of
t he owner shall not be available f or t he purposes of possession. (1942)
ARTICLE 1120. Possession is int errupt ed f or t he purposes of prescript ion, nat urally or civilly. (1943)
ARTICLE 1121. Possession is nat urally int errupt ed when t hrough any cause it should cease f or
more t han one year.
The old possession is not revived if a new possession should be exercised by t he same adverse
claimant . (1944a)
ARTICLE 1122. If t he nat ural int errupt ion is f or only one year or less, t he t ime elapsed shall be
count ed in f avor of t he prescript ion. (n)
ARTICLE 1123. Civil int errupt ion is produced by judicial summons t o t he possessor. (1945a) cda
ARTICLE 1124. Judicial summons shall be deemed not t o have been issued and shall not give rise
t o int errupt ion:
(1) If it should be void f or lack of legal solemnit ies;
(2) If t he plaint if f should desist f rom t he complaint or should allow t he proceedings t o lapse;
(3) If t he possessor should be absolved f rom t he complaint .
In all t hese cases, t he period of t he int errupt ion shall be count ed f or t he prescript ion. (1946a)
ARTICLE 1125. Any express or t acit recognit ion which t he possessor may make of t he owners
right also int errupt s possession. (1948)
ARTICLE 1126. Against a t it le recorded in t he Regist ry of Propert y, ordinary prescript ion of
ownership or real right s shall not t ake place t o t he prejudice of a t hird person, except in virt ue of
anot her t it le also recorded; and t he t ime shall begin t o run f rom t he recording of t he lat t er.
As t o lands regist ered under t he Land Regist rat ion Act , t he provisions of t hat special law shall
govern. (1949a)
ARTICLE 1127. The good f ait h of t he possessor consist s in t he reasonable belief t hat t he person
f rom whom he received t he t hing was t he owner t hereof , and could t ransmit his ownership.
(1950a)
ARTICLE 1128. The condit ions of good f ait h required f or possession in art icles 526, 527, 528, and
529 of t his Code are likewise necessary f or t he det erminat ion of good f ait h in t he prescript ion of
ownership and ot her real right s. (1951)
ARTICLE 1129. For t he purposes of prescript ion, t here is just t it le when t he adverse claimant came
int o possession of t he propert y t hrough one of t he modes recognized by law f or t he acquisit ion
of ownership or ot her real right s, but t he grant or was not t he owner or could not t ransmit any
right . (n)
ARTICLE 1130. The t it le f or prescript ion must be t rue and valid. (1953)
ARTICLE 1131. For t he purposes of prescript ion, just t it le must be proved; it is never presumed.
(1954a)
ARTICLE 1132. The ownership of movables prescribes t hrough unint errupt ed possession f or f our
years in good f ait h.
The ownership of personal propert y also prescribes t hrough unint errupt ed possession f or eight
years, wit hout need of any ot her condit ion.
Wit h regard t o t he right of t he owner t o recover personal propert y lost or of which he has been
illegally deprived, as well as wit h respect t o movables acquired in a public sale, f air, or market , or
f rom a merchant s st ore t he provisions of art icles 559 and 1505 of t his Code shall be observed.
(1955a)
ARTICLE 1133. Movables possessed t hrough a crime can never be acquired t hrough prescript ion
by t he of f ender. (1956a)
ARTICLE 1134. Ownership and ot her real right s over immovable propert y are acquired by ordinary
prescript ion t hrough possession of t en years. (1957a)
ARTICLE 1135. In case t he adverse claimant possesses by mist ake an area great er, or less, t han
t hat expressed in his t it le, prescript ion shall be based on t he possession. (n)
ARTICLE 1136. Possession in wart ime, when t he civil court s are not open, shall not be count ed in
f avor of t he adverse claimant . (n)
ARTICLE 1137. Ownership and ot her real right s over immovables also prescribe t hrough
unint errupt ed adverse possession t hereof f or t hirt y years, wit hout need of t it le or of good f ait h.
(1959a)
ARTICLE 1138. In t he comput at ion of t ime necessary f or prescript ion t he f ollowing rules shall be
observed:
(1) The present possessor may complet e t he period necessary f or prescript ion by t acking his
possession t o t hat of his grant or or predecessor in int erest ;
(2) It is presumed t hat t he present possessor who was also t he possessor at a previous t ime, has
cont inued t o be in possession during t he int ervening t ime, unless t here is proof t o t he cont rary;
(3) The f irst day shall be excluded and t he last day included. (1960a)
CHAPTER 3
Prescript ion of Act ions
ARTICLE 1139. Act ions prescribe by t he mere lapse of t ime f ixed by law. (1961)
ARTICLE 1140. Act ions t o recover movables shall prescribe eight years f rom t he t ime t he
possession t hereof is lost , unless t he possessor has acquired t he ownership by prescript ion f or a
less period, according t o art icles 1132, and wit hout prejudice t o t he provisions of art icles 559,
1505, and 1133. (1962a)
ARTICLE 1141. Real act ions over immovables prescribe af t er t hirt y years.
This provision is wit hout prejudice t o what is est ablished f or t he acquisit ion of ownership and
ot her real right s by prescript ion. (1963)
ARTICLE 1142. A mort gage act ion prescribes af t er t en years. (1964a)
ARTICLE 1143. The f ollowing right s, among ot hers specif ied elsewhere in t his Code, are not
ext inguished by prescript ion:
(1) To demand a right of way, regulat ed in art icle 649;
(2) To bring an act ion t o abat e a public or privat e nuisance. (n)
ARTICLE 1144. The f ollowing act ions must be brought wit hin t en years f rom t he t ime t he right of
act ion accrues:
(1) Upon a writ t en cont ract ;
(2) Upon an obligat ion creat ed by law;
(3) Upon a judgment . (n)
ARTICLE 1145. The f ollowing act ions must be commenced wit hin six years:
(1) Upon an oral cont ract ;
(2) Upon a quasi-cont ract . (n)
ARTICLE 1146. The f ollowing act ions must be inst it ut ed wit hin f our years:
(1) Upon an injury t o t he right s of t he plaint if f ;
(2) Upon a quasi-delict ;
However, when t he act ion arises f rom or out of any act , act ivit y, or conduct of any public of f icer
involving t he exercise of powers or aut horit y arising f rom Mart ial Law including t he arrest ,
det ent ion and/or t rial of t he plaint if f , t he same must be brought wit hin one (1) year.
ARTICLE 1147. The f ollowing act ions must be f iled wit hin one year:
(1) For f orcible ent ry and det ainer;
(2) For def amat ion. (n)
ARTICLE 1148. The limit at ions of act ion ment ioned in art icles 1140 t o 1142, and 1144 t o 1147 are
wit hout prejudice t o t hose specif ied in ot her part s of t his Code, in t he Code of Commerce, and in
special laws. (n)
ARTICLE 1149. All ot her act ions whose periods are not f ixed in t his Code or in ot her laws must be
brought wit hin f ive years f rom t he t ime t he right of act ion accrues. (n)
ARTICLE 1150. The t ime f or prescript ion f or all kinds of act ions, when t here is no special provision
which ordains ot herwise, shall be count ed f rom t he day t hey may be brought . (1969)
ARTICLE 1151. The t ime f or t he prescript ion of act ions which have f or t heir object t he
enf orcement of obligat ions t o pay principal wit h int erest or annuit y runs f rom t he last payment of
t he annuit y or of t he int erest . (1970a)
ARTICLE 1152. The period f or prescript ion of act ions t o demand t he f ulf illment of obligat ion
declared by a judgment commences f rom t he t ime t he judgment became f inal. (1971)
ARTICLE 1153. The period f or prescript ion of act ions t o demand account ing runs f rom t he day t he
persons who should render t he same cease in t heir f unct ions.
The period f or t he act ion arising f rom t he result of t he account ing runs f rom t he dat e when said
result was recognized by agreement of t he int erest ed part ies. (1972)
ARTICLE 1154. The period during which t he obligee was prevent ed by a f ort uit ous event f rom
enf orcing his right is not reckoned against him. (n)
ARTICLE 1155. The prescript ion of act ions is int errupt ed when t hey are f iled bef ore t he court ,
when t here is a writ t en ext rajudicial demand by t he credit ors, and when t here is any writ t en
acknowledgment of t he debt by t he debt or. (1973a)
BOOK IV
Obligat ions and Cont ract s
TITLE I
Obligat ions
CHAPTER 1
General Provisions
ARTICLE 1156. An obligat ion is a juridical necessit y t o give, t o do or not t o do. (n) acd
ARTICLE 1157. Obligat ions arise f rom: Liaiim
(1) Law;
(2) Cont ract s;
(3) Quasi-cont ract s;
(4) Act s or omissions punished by law; and
(5) Quasi-delict s. (1089a)
ARTICLE 1158. Obligat ions derived f rom law are not presumed. Only t hose expressly det ermined in
t his Code or in special laws are demandable, and shall be regulat ed by t he precept s of t he law
which est ablishes t hem; and as t o what has not been f oreseen, by t he provisions of t his Book.
(1090)
ARTICLE 1159. Obligat ions arising f rom cont ract s have t he f orce of law bet ween t he cont ract ing
part ies and should be complied wit h in good f ait h. (1091a)
ARTICLE 1160. Obligat ions derived f rom quasi-cont ract s shall be subject t o t he provisions of
Chapt er 1, Tit le XVII, of t his Book. (n)
ARTICLE 1161. Civil obligat ions arising f rom criminal of f enses shall be governed by t he penal laws,
subject t o t he provisions of art icle 2177, and of t he pert inent provisions of Chapt er 2, Preliminary
Tit le, on Human Relat ions, and of Tit le XVIII of t his Book, regulat ing damages. (1092a)
ARTICLE 1162. Obligat ions derived f rom quasi-delict s shall be governed by t he provisions of
Chapt er 2, Tit le XVII of t his Book, and by special laws. (1093a)
CHAPTER 2
Nat ure and Ef f ect of Obligat ions
ARTICLE 1163. Every person obliged t o give somet hing is also obliged t o t ake care of it wit h t he
proper diligence of a good f at her of a f amily, unless t he law or t he st ipulat ion of t he part ies
requires anot her st andard of care. (1094a)
ARTICLE 1164. The credit or has a right t o t he f ruit s of t he t hing f rom t he t ime t he obligat ion t o
deliver it arises. However, he shall acquire no real right over it unt il t he same has been delivered t o
him. (1095)
ARTICLE 1165. When what is t o be delivered is a det erminat e t hing, t he credit or, in addit ion t o t he
right grant ed him by art icle 1170, may compel t he debt or t o make t he delivery.
If t he t hing is indet erminat e or generic, he may ask t hat t he obligat ion be complied wit h at t he
expense of t he debt or.
If t he obligor delays, or has promised t o deliver t he same t hing t o t wo or more persons who do not
have t he same int erest , he shall be responsible f or any f ort uit ous event unt il he has ef f ect ed t he
delivery. (1096)
ARTICLE 1166. The obligat ion t o give a det erminat e t hing includes t hat of delivering all it s
accessions and accessories, even t hough t hey may not have been ment ioned. (1097a)
ARTICLE 1167. If a person obliged t o do somet hing f ails t o do it , t he same shall be execut ed at his
cost .
This same rule shall be observed if he does it in cont ravent ion of t he t enor of t he obligat ion.
Furt hermore, it may be decreed t hat what has been poorly done be undone. (1098)
ARTICLE 1168. When t he obligat ion consist s in not doing, and t he obligor does what has been
f orbidden him, it shall also be undone at his expense. (1099a)
ARTICLE 1169. Those obliged t o deliver or t o do somet hing incur in delay f rom t he t ime t he
obligee judicially or ext rajudicially demands f rom t hem t he f ulf illment of t heir obligat ion.
However, t he demand by t he credit or shall not be necessary in order t hat delay may exist :
(1) When t he obligat ion or t he law expressly so declare; or
(2) When f rom t he nat ure and t he circumst ances of t he obligat ion it appears t hat t he designat ion
of t he t ime when t he t hing is t o be delivered or t he service is t o be rendered was a cont rolling
mot ive f or t he est ablishment of t he cont ract ; or
(3) When demand would be useless, as when t he obligor has rendered it beyond his power t o
perf orm.
In reciprocal obligat ions, neit her part y incurs in delay if t he ot her does not comply or is not ready t o
comply in a proper manner wit h what is incumbent upon him. From t he moment one of t he part ies
f ulf ills his obligat ion, delay by t he ot her begins. (1100a)
ARTICLE 1170. Those who in t he perf ormance of t heir obligat ions are guilt y of f raud, negligence,
or delay, and t hose who in any manner cont ravene t he t enor t hereof , are liable f or damages.
(1101)
ARTICLE 1171. Responsibilit y arising f rom f raud is demandable in all obligat ions. Any waiver of an
act ion f or f ut ure f raud is void. (1102a)
ARTICLE 1172. Responsibilit y arising f rom negligence in t he perf ormance of every kind of
obligat ion is also demandable, but such liabilit y may be regulat ed by t he court s, according t o t he
circumst ances. (1103)
ARTICLE 1173. The f ault or negligence of t he obligor consist s in t he omission of t hat diligence
which is required by t he nat ure of t he obligat ion and corresponds wit h t he circumst ances of t he
persons, of t he t ime and of t he place. When negligence shows bad f ait h, t he provisions of art icles
1171 and 2201, paragraph 2, shall apply.
If t he law or cont ract does not st at e t he diligence which is t o be observed in t he perf ormance, t hat
which is expect ed of a good f at her of a f amily shall be required. (1104a)
ARTICLE 1174. Except in cases expressly specif ied by t he law, or when it is ot herwise declared by
st ipulat ion, or when t he nat ure of t he obligat ion requires t he assumpt ion of risk, no person shall be
responsible f or t hose event s which could not be f oreseen, or which, t hough f oreseen, were
inevit able. (1105a)
ARTICLE 1175. Usurious t ransact ions shall be governed by special laws. (n)
ARTICLE 1176. The receipt of t he principal by t he credit or, wit hout reservat ion wit h respect t o t he
int erest , shall give rise t o t he presumpt ion t hat said int erest has been paid.
The receipt of a lat er inst allment of a debt wit hout reservat ion as t o prior inst allment s, shall
likewise raise t he presumpt ion t hat such inst allment s have been paid. (1110a)
ARTICLE 1177. The credit ors, af t er having pursued t he propert y in possession of t he debt or t o
sat isf y t heir claims, may exercise all t he right s and bring all t he act ions of t he lat t er f or t he same
purpose, save t hose which are inherent in his person; t hey may also impugn t he act s which t he
debt or may have done t o def raud t hem. (1111)
ARTICLE 1178. Subject t o t he laws, all right s acquired in virt ue of an obligat ion are t ransmissible, if
t here has been no st ipulat ion t o t he cont rary. (1112)
CHAPTER 3
Dif f erent Kinds of Obligat ions
SECTION 1
Pure and Condit ional Obligat ions
ARTICLE 1179. Every obligat ion whose perf ormance does not depend upon a f ut ure or uncert ain
event , or upon a past event unknown t o t he part ies, is demandable at once.
Every obligat ion which cont ains a resolut ory condit ion shall also be demandable, wit hout prejudice
t o t he ef f ect s of t he happening of t he event . (1113)
ARTICLE 1180. When t he debt or binds himself t o pay when his means permit him t o do so, t he
obligat ion shall be deemed t o be one wit h a period, subject t o t he provisions of art icle 1197. (n)
ARTICLE 1181. In condit ional obligat ions, t he acquisit ion of right s, as well as t he ext inguishment or
loss of t hose already acquired, shall depend upon t he happening of t he event which const it ut es
t he condit ion. (1114)
ARTICLE 1182. When t he f ulf illment of t he condit ion depends upon t he sole will of t he debt or, t he
condit ional obligat ion shall be void. If it depends upon chance or upon t he will of a t hird person, t he
obligat ion shall t ake ef f ect in conf ormit y wit h t he provisions of t his Code. (1115)
ARTICLE 1183. Impossible condit ions, t hose cont rary t o good cust oms or public policy and t hose
prohibit ed by law shall annul t he obligat ion which depends upon t hem. If t he obligat ion is divisible,
t hat part t hereof which is not af f ect ed by t he impossible or unlawf ul condit ion shall be valid.
The condit ion not t o do an impossible t hing shall be considered as not having been agreed upon.
(1116a)
ARTICLE 1184. The condit ion t hat some event happen at a det erminat e t ime shall ext inguish t he
obligat ion as soon as t he t ime expires or if it has become indubit able t hat t he event will not t ake
place. (1117)
ARTICLE 1185. The condit ion t hat some event will not happen at a det erminat e t ime shall render
t he obligat ion ef f ect ive f rom t he moment t he t ime indicat ed has elapsed, or if it has become
evident t hat t he event cannot occur.
If no t ime has been f ixed, t he condit ion shall be deemed f ulf illed at such t ime as may have probably
been cont emplat ed, bearing in mind t he nat ure of t he obligat ion. (1118)
ARTICLE 1186. The condit ion shall be deemed f ulf illed when t he obligor volunt arily prevent s it s
f ulf illment . (1119)
ARTICLE 1187. The ef f ect s of a condit ional obligat ion t o give, once t he condit ion has been
f ulf illed, shall ret roact t o t he day of t he const it ut ion of t he obligat ion. Nevert heless, when t he
obligat ion imposes reciprocal prest at ions upon t he part ies, t he f ruit s and int erest s during t he
pendency of t he condit ion shall be deemed t o have been mut ually compensat ed. If t he obligat ion
is unilat eral, t he debt or shall appropriat e t he f ruit s and int erest s received, unless f rom t he nat ure
and circumst ances of t he obligat ion it should be inf erred t hat t he int ent ion of t he person
const it ut ing t he same was dif f erent .
In obligat ions t o do and not t o do, t he court s shall det ermine, in each case, t he ret roact ive ef f ect
of t he condit ion t hat has been complied wit h. (1120)
ARTICLE 1188. The credit or may, bef ore t he f ulf illment of t he condit ion, bring t he appropriat e
act ions f or t he preservat ion of his right .
The debt or may recover what during t he same t ime he has paid by mist ake in case of a suspensive
condit ion. (1121a)
ARTICLE 1189. When t he condit ions have been imposed wit h t he int ent ion of suspending t he
ef f icacy of an obligat ion t o give, t he f ollowing rules shall be observed in case of t he improvement ,
loss or det eriorat ion of t he t hing during t he pendency of t he condit ion:
(1) If t he t hing is lost wit hout t he f ault of t he debt or, t he obligat ion shall be ext inguished;
(2) If t he t hing is lost t hrough t he f ault of t he debt or, he shall be obliged t o pay damages; it is
underst ood t hat t he t hing is lost when it perishes, or goes out of commerce, or disappears in such
a way t hat it s exist ence is unknown or it cannot be recovered;
(3) When t he t hing det eriorat es wit hout t he f ault of t he debt or, t he impairment is t o be borne by
t he credit or;
(4) If it det eriorat es t hrough t he f ault of t he debt or, t he credit or may choose bet ween t he
rescission of t he obligat ion and it s f ulf illment , wit h indemnit y f or damages in eit her case;
(5) If t he t hing is improved by it s nat ure, or by t ime, t he improvement shall inure t o t he benef it of
t he credit or;
(6) If it is improved at t he expense of t he debt or, he shall have no ot her right t han t hat grant ed t o
t he usuf ruct uary. (1122)
ARTICLE 1190. When t he condit ions have f or t heir purpose t he ext inguishment of an obligat ion t o
give, t he part ies, upon t he f ulf illment of said condit ions, shall ret urn t o each ot her what t hey have
received.
In case of t he loss, det eriorat ion or improvement of t he t hing, t he provisions which, wit h respect t o
t he debt or, are laid down in t he preceding art icle shall be applied t o t he part y who is bound t o
ret urn.
As f or obligat ions t o do and not t o do, t he provisions of t he second paragraph of art icle 1187 shall
be observed as regards t he ef f ect of t he ext inguishment of t he obligat ion. (1123)
ARTICLE 1191. The power t o rescind obligat ions is implied in reciprocal ones, in case one of t he
obligors should not comply wit h what is incumbent upon him.
The injured part y may choose bet ween t he f ulf illment and t he rescission of t he obligat ion, wit h t he
payment of damages in eit her case. He may also seek rescission, even af t er he has chosen
f ulf illment , if t he lat t er should become impossible.
The court shall decree t he rescission claimed, unless t here be just cause aut horizing t he f ixing of a
period.
This is underst ood t o be wit hout prejudice t o t he right s of t hird persons who have acquired t he
t hing, in accordance wit h art icles 1385 and 1388 and t he Mort gage Law. (1124)
ARTICLE 1192. In case bot h part ies have commit t ed a breach of t he obligat ion, t he liabilit y of t he
f irst inf ract or shall be equit ably t empered by t he court s. If it cannot be det ermined which of t he
part ies f irst violat ed t he cont ract , t he same shall be deemed ext inguished, and each shall bear his
own damages. (n)
SECTION 2
Obligat ions wit h a Period
ARTICLE 1193. Obligat ions f or whose f ulf illment a day cert ain has been f ixed, shall be demandable
only when t hat day comes.
Obligat ions wit h a resolut ory period t ake ef f ect at once, but t erminat e upon arrival of t he day
cert ain.
A day cert ain is underst ood t o be t hat which must necessarily come, alt hough it may not be known
when.
If t he uncert aint y consist s in whet her t he day will come or not , t he obligat ion is condit ional, and it
shall be regulat ed by t he rules of t he preceding Sect ion. (1125a)
ARTICLE 1194. In case of loss, det eriorat ion or improvement of t he t hing bef ore t he arrival of t he
day cert ain, t he rules in art icle 1189 shall be observed. (n)
ARTICLE 1195. Anyt hing paid or delivered bef ore t he arrival of t he period, t he obligor being
unaware of t he period or believing t hat t he obligat ion has become due and demandable, may be
recovered, wit h t he f ruit s and int erest s. (1126a)
ARTICLE 1196. Whenever in an obligat ion a period is designat ed, it is presumed t o have been
est ablished f or t he benef it of bot h t he credit or and t he debt or, unless f rom t he t enor of t he same
or ot her circumst ances it should appear t hat t he period has been est ablished in f avor of one or of
t he ot her. (1127)
ARTICLE 1197. If t he obligat ion does not f ix a period, but f rom it s nat ure and t he circumst ances it
can be inf erred t hat a period was int ended, t he court s may f ix t he durat ion t hereof .
The court s shall also f ix t he durat ion of t he period when it depends upon t he will of t he debt or.
In every case, t he court s shall det ermine such period as may under t he circumst ances have been
probably cont emplat ed by t he part ies. Once f ixed by t he court s, t he period cannot be changed by
t hem. (1128a)
ARTICLE 1198. The debt or shall lose every right t o make use of t he period:
(1) When af t er t he obligat ion has been cont ract ed, he becomes insolvent , unless he gives a
guarant y or securit y f or t he debt ;
(2) When he does not f urnish t o t he credit or t he guarant ies or securit ies which he has promised;
(3) When by his own act s he has impaired said guarant ies or securit ies af t er t heir est ablishment ,
and when t hrough a f ort uit ous event t hey disappear, unless he immediat ely gives new ones
equally sat isf act ory;
(4) When t he debt or violat es any undert aking, in considerat ion of which t he credit or agreed t o t he
period;
(5) When t he debt or at t empt s t o abscond. (1129a)
SECTION 3
Alt ernat ive Obligat ions
ARTICLE 1199. A person alt ernat ively bound by dif f erent prest at ions shall complet ely perf orm one
of t hem.
The credit or cannot be compelled t o receive part of one and part of t he ot her undert aking. (1131)
ARTICLE 1200. The right of choice belongs t o t he debt or, unless it has been expressly grant ed t o
t he credit or.
The debt or shall have no right t o choose t hose prest at ions which are impossible, unlawf ul or
which could not have been t he object of t he obligat ion. (1132)
ARTICLE 1201. The choice shall produce no ef f ect except f rom t he t ime it has been
communicat ed. (1133)
ARTICLE 1202. The debt or shall lose t he right of choice when among t he prest at ions whereby he
is alt ernat ively bound, only one is pract icable. (1134)
ARTICLE 1203. If t hrough t he credit ors act s t he debt or cannot make a choice according t o t he
t erms of t he obligat ion, t he lat t er may rescind t he cont ract wit h damages. (n)
ARTICLE 1204. The credit or shall have a right t o indemnit y f or damages when, t hrough t he f ault of
t he debt or, all t he t hings which are alt ernat ively t he object of t he obligat ion have been lost , or t he
compliance of t he obligat ion has become impossible.
The indemnit y shall be f ixed t aking as a basis t he value of t he last t hing which disappeared, or t hat
of t he service which last became impossible.
Damages ot her t han t he value of t he last t hing or service may also be awarded. (1135a)
ARTICLE 1205. When t he choice has been expressly given t o t he credit or, t he obligat ion shall
cease t o be alt ernat ive f rom t he day when t he select ion has been communicat ed t o t he debt or.
Unt il t hen t he responsibilit y of t he debt or shall be governed by t he f ollowing rules:
(1) If one of t he t hings is lost t hrough a f ort uit ous event , he shall perf orm t he obligat ion by
delivering t hat which t he credit or should choose f rom among t he remainder, or t hat which remains
if only one subsist s;
(2) If t he loss of one of t he t hings occurs t hrough t he f ault of t he debt or, t he credit or may claim
any of t hose subsist ing, or t he price of t hat which, t hrough t he f ault of t he f ormer, has
disappeared, wit h a right t o damages;
(3) If all t he t hings are lost t hrough t he f ault of t he debt or, t he choice by t he credit or shall f all upon
t he price of any one of t hem, also wit h indemnit y f or damages.
The same rules shall be applied t o obligat ions t o do or not t o do in case one, some or all of t he
prest at ions should become impossible. (1136a)
ARTICLE 1206. When only one prest at ion has been agreed upon, but t he obligor may render
anot her in subst it ut ion, t he obligat ion is called f acult at ive.
The loss or det eriorat ion of t he t hing int ended as a subst it ut e, t hrough t he negligence of t he
obligor, does not render him liable. But once t he subst it ut ion has been made, t he obligor is liable
f or t he loss of t he subst it ut e on account of his delay, negligence or f raud. (n)
SECTION 4
Joint and Solidary Obligat ions
ARTICLE 1207. The concurrence of t wo or more credit ors or of t wo or more debt ors in one and
t he same obligat ion does not imply t hat each one of t he f ormer has a right t o demand, or t hat
each one of t he lat t er is bound t o render, ent ire compliance wit h t he prest at ion. There is a solidary
liabilit y only when t he obligat ion expressly so st at es, or when t he law or t he nat ure of t he
obligat ion requires solidarit y. (1137a)
ARTICLE 1208. If f rom t he law, or t he nat ure or t he wording of t he obligat ions t o which t he
preceding art icle ref ers t he cont rary does not appear, t he credit or debt shall be presumed t o be
divided int o as many shares as t here are credit ors or debt ors, t he credit s or debt s being
considered dist inct f rom one anot her, subject t o t he Rules of Court governing t he mult iplicit y of
suit s. (1138a)
ARTICLE 1209. If t he division is impossible, t he right of t he credit ors may be prejudiced only by t heir
collect ive act s, and t he debt can be enf orced only by proceeding against all t he debt ors. If one of
t he lat t er should be insolvent , t he ot hers shall not be liable f or his share. (1139)
ARTICLE 1210. The indivisibilit y of an obligat ion does not necessarily give rise t o solidarit y. Nor
does solidarit y of it self imply indivisibilit y. (n)
ARTICLE 1211. Solidarit y may exist alt hough t he credit ors and t he debt ors may not be bound in
t he same manner and by t he same periods and condit ions. (1140)
ARTICLE 1212. Each one of t he solidary credit ors may do what ever may be usef ul t o t he ot hers,
but not anyt hing which may be prejudicial t o t he lat t er. (1141a)
ARTICLE 1213. A solidary credit or cannot assign his right s wit hout t he consent of t he ot hers. (n)
ARTICLE 1214. The debt or may pay any one of t he solidary credit ors; but if any demand, judicial or
ext rajudicial, has been made by one of t hem, payment should be made t o him. (1142a)
ARTICLE 1215. Novat ion, compensat ion, conf usion or remission of t he debt , made by any of t he
solidary credit ors or wit h any of t he solidary debt ors, shall ext inguish t he obligat ion, wit hout
prejudice t o t he provisions of art icle 1219.
The credit or who may have execut ed any of t hese act s, as well as he who collect s t he debt , shall
be liable t o t he ot hers f or t he share in t he obligat ion corresponding t o t hem. (1143)
ARTICLE 1216. The credit or may proceed against any one of t he solidary debt ors or some or all of
t hem simult aneously. The demand made against one of t hem shall not be an obst acle t o t hose
which may subsequent ly be direct ed against t he ot hers, so long as t he debt has not been f ully
collect ed. (1144a)
ARTICLE 1217. Payment made by one of t he solidary debt ors ext inguishes t he obligat ion. If t wo or
more solidary debt ors of f er t o pay, t he credit or may choose which of f er t o accept .
He who made t he payment may claim f rom his co-debt ors only t he share which corresponds t o
each, wit h t he int erest f or t he payment already made. If t he payment is made bef ore t he debt is
due, no int erest f or t he int ervening period may be demanded.
When one of t he solidary debt ors cannot , because of his insolvency, reimburse his share t o t he
debt or paying t he obligat ion, such share shall be borne by all his co-debt ors, in proport ion t o t he
debt of each. (1145a)
ARTICLE 1218. Payment by a solidary debt or shall not ent it le him t o reimbursement f rom his co-
debt ors if such payment is made af t er t he obligat ion has prescribed or become illegal. (n)
ARTICLE 1219. The remission made by t he credit or of t he share which af f ect s one of t he solidary
debt ors does not release t he lat t er f rom his responsibilit y t owards t he co-debt ors, in case t he
debt had been t ot ally paid by anyone of t hem bef ore t he remission was ef f ect ed. (1146a)
ARTICLE 1220. The remission of t he whole obligat ion, obt ained by one of t he solidary debt ors,
does not ent it le him t o reimbursement f rom his co-debt ors. (n)
ARTICLE 1221. If t he t hing has been lost or if t he prest at ion has become impossible wit hout t he
f ault of t he solidary debt ors, t he obligat ion shall be ext inguished.
If t here was f ault on t he part of any one of t hem, all shall be responsible t o t he credit or, f or t he
price and t he payment of damages and int erest , wit hout prejudice t o t heir act ion against t he guilt y
or negligent debt or.
If t hrough a f ort uit ous event , t he t hing is lost or t he perf ormance has become impossible af t er one
of t he solidary debt ors has incurred in delay t hrough t he judicial or ext rajudicial demand upon him
by t he credit or, t he provisions of t he preceding paragraph shall apply. (1147a)
ARTICLE 1222. A solidary debt or may, in act ions f iled by t he credit or, avail himself of all def enses
which are derived f rom t he nat ure of t he obligat ion and of t hose which are personal t o him, or
pert ain t o his own share. Wit h respect t o t hose which personally belong t o t he ot hers, he may avail
himself t hereof only as regards t hat part of t he debt f or which t he lat t er are responsible. (1148a)
SECTION 5
Divisible and Indivisible Obligat ions
ARTICLE 1223. The divisibilit y or indivisibilit y of t he t hings t hat are t he object of obligat ions in
which t here is only one debt or and only one credit or does not alt er or modif y t he provisions of
Chapt er 2 of t his Tit le. (1149)
ARTICLE 1224. A joint indivisible obligat ion gives rise t o indemnit y f or damages f rom t he t ime
anyone of t he debt ors does not comply wit h his undert aking. The debt ors who may have been
ready t o f ulf ill t heir promises shall not cont ribut e t o t he indemnit y beyond t he corresponding
port ion of t he price of t he t hing or of t he value of t he service in which t he obligat ion consist s.
(1150)
ARTICLE 1225. For t he purposes of t he preceding art icles, obligat ions t o give def init e t hings and
t hose which are not suscept ible of part ial perf ormance shall be deemed t o be indivisible.
When t he obligat ion has f or it s object t he execut ion of a cert ain number of days of work, t he
accomplishment of work by met rical unit s, or analogous t hings which by t heir nat ure are
suscept ible of part ial perf ormance, it shall be divisible.
However, even t hough t he object or service may be physically divisible, an obligat ion is indivisible if
so provided by law or int ended by t he part ies.
In obligat ions not t o do, divisibilit y or indivisibilit y shall be det ermined by t he charact er of t he
prest at ion in each part icular case. (1151a)
SECTION 6
Obligat ions wit h a Penal Clause
ARTICLE 1226. In obligat ions wit h a penal clause, t he penalt y shall subst it ut e t he indemnit y f or
damages and t he payment of int erest s in case of noncompliance, if t here is no st ipulat ion t o t he
cont rary. Nevert heless, damages shall be paid if t he obligor ref uses t o pay t he penalt y or is guilt y
of f raud in t he f ulf illment of t he obligat ion.
The penalt y may be enf orced only when it is demandable in accordance wit h t he provisions of t his
Code. (1152a)
ARTICLE 1227. The debt or cannot exempt himself f rom t he perf ormance of t he obligat ion by
paying t he penalt y, save in t he case where t his right has been expressly reserved f or him. Neit her
can t he credit or demand t he f ulf illment of t he obligat ion and t he sat isf act ion of t he penalt y at t he
same t ime, unless t his right has been clearly grant ed him. However, if af t er t he credit or has decided
t o require t he f ulf illment of t he obligat ion, t he perf ormance t hereof should become impossible
wit hout his f ault , t he penalt y may be enf orced. (1153a)
ARTICLE 1228. Proof of act ual damages suf f ered by t he credit or is not necessary in order t hat t he
penalt y may be demanded. (n)
ARTICLE 1229. The judge shall equit ably reduce t he penalt y when t he principal obligat ion has been
part ly or irregularly complied wit h by t he debt or. Even if t here has been no perf ormance, t he
penalt y may also be reduced by t he court s if it is iniquit ous or unconscionable. (1154a)
ARTICLE 1230. The nullit y of t he penal clause does not carry wit h it t hat of t he principal obligat ion.
The nullit y of t he principal obligat ion carries wit h it t hat of t he penal clause. (1155)
CHAPTER 4
Ext inguishment of Obligat ions
General Provisions
ARTICLE 1231. Obligat ions are ext inguished:
(1) By payment or perf ormance;
(2) By t he loss of t he t hing due;
(3) By t he condonat ion or remission of t he debt ;
(4) By t he conf usion or merger of t he right s of credit or and debt or;
(5) By compensat ion;
(6) By novat ion.
Ot her causes of ext inguishment of obligat ions, such as annulment , rescission, f ulf illment of a
resolut ory condit ion, and prescript ion, are governed elsewhere in t his Code. (1156a)
SECTION 1
Payment or Perf ormance
ARTICLE 1232. Payment means not only t he delivery of money but also t he perf ormance, in any
ot her manner, of an obligat ion. (n)
ARTICLE 1233. A debt shall not be underst ood t o have been paid unless t he t hing or service in
which t he obligat ion consist s has been complet ely delivered or rendered, as t he case may be.
(1157)
ARTICLE 1234. If t he obligat ion has been subst ant ially perf ormed in good f ait h, t he obligor may
recover as t hough t here had been a st rict and complet e f ulf illment , less damages suf f ered by t he
obligee. (n)
ARTICLE 1235. When t he obligee accept s t he perf ormance, knowing it s incomplet eness or
irregularit y, and wit hout expressing any prot est or object ion, t he obligat ion is deemed f ully
complied wit h. (n)
ARTICLE 1236. The credit or is not bound t o accept payment or perf ormance by a t hird person
who has no int erest in t he f ulf illment of t he obligat ion, unless t here is a st ipulat ion t o t he cont rary.
Whoever pays f or anot her may demand f rom t he debt or what he has paid, except t hat if he paid
wit hout t he knowledge or against t he will of t he debt or, he can recover only insof ar as t he
payment has been benef icial t o t he debt or. (1158a)
ARTICLE 1237. Whoever pays on behalf of t he debt or wit hout t he knowledge or against t he will of
t he lat t er, cannot compel t he credit or t o subrogat e him in his right s, such as t hose arising f rom a
mort gage, guarant y, or penalt y. (1159a)
ARTICLE 1238. Payment made by a t hird person who does not int end t o be reimbursed by t he
debt or is deemed t o be a donat ion, which requires t he debt ors consent . But t he payment is in any
case valid as t o t he credit or who has accept ed it . (n)
ARTICLE 1239. In obligat ions t o give, payment made by one who does not have t he f ree disposal
of t he t hing due and capacit y t o alienat e it shall not be valid, wit hout prejudice t o t he provisions of
art icle 1427 under t he Tit le on Nat ural Obligat ions. (1160a)
ARTICLE 1240. Payment shall be made t o t he person in whose f avor t he obligat ion has been
const it ut ed, or his successor in int erest , or any person aut horized t o receive it . (1162a)
ARTICLE 1241. Payment t o a person who is incapacit at ed t o administ er his propert y shall be valid
if he has kept t he t hing delivered, or insof ar as t he payment has been benef icial t o him.
Payment made t o a t hird person shall also be valid insof ar as it has redounded t o t he benef it of
t he credit or. Such benef it t o t he credit or need not be proved in t he f ollowing cases:
(1) If af t er t he payment , t he t hird person acquires t he credit ors right s;
(2) If t he credit or rat if ies t he payment t o t he t hird person;
(3) If by t he credit ors conduct , t he debt or has been led t o believe t hat t he t hird person had
aut horit y t o receive t he payment . (1163a)
ARTICLE 1242. Payment made in good f ait h t o any person in possession of t he credit shall release
t he debt or. (1164)
ARTICLE 1243. Payment made t o t he credit or by t he debt or af t er t he lat t er has been judicially
ordered t o ret ain t he debt shall not be valid. (1165)
ARTICLE 1244. The debt or of a t hing cannot compel t he credit or t o receive a dif f erent one,
alt hough t he lat t er may be of t he same value as, or more valuable t han t hat which is due.
In obligat ions t o do or not t o do, an act or f orbearance cannot be subst it ut ed by anot her act or
f orbearance against t he obligees will. (1166a)
ARTICLE 1245. Dat ion in payment , whereby propert y is alienat ed t o t he credit or in sat isf act ion of a
debt in money, shall be governed by t he law of sales. (n)
ARTICLE 1246. When t he obligat ion consist s in t he delivery of an indet erminat e or generic t hing,
whose qualit y and circumst ances have not been st at ed, t he credit or cannot demand a t hing of
superior qualit y. Neit her can t he debt or deliver a t hing of inf erior qualit y. The purpose of t he
obligat ion and ot her circumst ances shall be t aken int o considerat ion. (1167a)
ARTICLE 1247. Unless it is ot herwise st ipulat ed, t he ext rajudicial expenses required by t he
payment shall be f or t he account of t he debt or. Wit h regard t o judicial cost s, t he Rules of Court
shall govern. (1168a)
ARTICLE 1248. Unless t here is an express st ipulat ion t o t hat ef f ect , t he credit or cannot be
compelled part ially t o receive t he prest at ions in which t he obligat ion consist s. Neit her may t he
debt or be required t o make part ial payment s.
However, when t he debt is in part liquidat ed and in part unliquidat ed, t he credit or may demand and
t he debt or may ef f ect t he payment of t he f ormer wit hout wait ing f or t he liquidat ion of t he lat t er.
(1169a)
ARTICLE 1249. The payment of debt s in money shall be made in t he currency st ipulat ed, and if it is
not possible t o deliver such currency, t hen in t he currency which is legal t ender in t he Philippines.
The delivery of promissory not es payable t o order, or bills of exchange or ot her mercant ile
document s shall produce t he ef f ect of payment only when t hey have been cashed, or when
t hrough t he f ault of t he credit or t hey have been impaired.
In t he meant ime, t he act ion derived f rom t he original obligat ion shall be held in abeyance. (1170)
ARTICLE 1250. In case an ext raordinary inf lat ion or def lat ion of t he currency st ipulat ed should
supervene, t he value of t he currency at t he t ime of t he est ablishment of t he obligat ion shall be t he
basis of payment , unless t here is an agreement t o t he cont rary. (n)
ARTICLE 1251. Payment shall be made in t he place designat ed in t he obligat ion.
There being no express st ipulat ion and if t he undert aking is t o deliver a det erminat e t hing, t he
payment shall be made wherever t he t hing might be at t he moment t he obligat ion was const it ut ed.
In any ot her case t he place of payment shall be t he domicile of t he debt or.
If t he debt or changes his domicile in bad f ait h or af t er he has incurred in delay, t he addit ional
expenses shall be borne by him.
These provisions are wit hout prejudice t o venue under t he Rules of Court . (1171a)
SUBSECTION 1
Applicat ion of Payment s
ARTICLE 1252. He who has various debt s of t he same kind in f avor of one and t he same credit or,
may declare at t he t ime of making t he payment , t o which of t hem t he same must be applied.
Unless t he part ies so st ipulat e, or when t he applicat ion of payment is made by t he part y f or whose
benef it t he t erm has been const it ut ed, applicat ion shall not be made as t o debt s which are not yet
due.
If t he debt or accept s f rom t he credit or a receipt in which an applicat ion of t he payment is made,
t he f ormer cannot complain of t he same, unless t here is a cause f or invalidat ing t he cont ract .
(1172a)
ARTICLE 1253. If t he debt produces int erest , payment of t he principal shall not be deemed t o have
been made unt il t he int erest s have been covered. (1173)
ARTICLE 1254. When t he payment cannot be applied in accordance wit h t he preceding rules, or if
applicat ion can not be inf erred f rom ot her circumst ances, t he debt which is most onerous t o t he
debt or, among t hose due, shall be deemed t o have been sat isf ied.
If t he debt s due are of t he same nat ure and burden, t he payment shall be applied t o all of t hem
proport ionat ely. (1174a)
SUBSECTION 2
Payment by Cession
ARTICLE 1255. The debt or may cede or assign his propert y t o his credit ors in payment of his
debt s. This cession, unless t here is st ipulat ion t o t he cont rary, shall only release t he debt or f rom
responsibilit y f or t he net proceeds of t he t hing assigned. The agreement s which, on t he ef f ect of
t he cession, are made bet ween t he debt or and his credit ors shall be governed by special laws.
(1175a)
SUBSECTION 3
Tender of Payment and Consignat ion
ARTICLE 1256. If t he credit or t o whom t ender of payment has been made ref uses wit hout just
cause t o accept it , t he debt or shall be released f rom responsibilit y by t he consignat ion of t he t hing
or sum due.
Consignat ion alone shall produce t he same ef f ect in t he f ollowing cases:
(1) When t he credit or is absent or unknown, or does not appear at t he place of payment ;
(2) When he is incapacit at ed t o receive t he payment at t he t ime it is due;
(3) When, wit hout just cause, he ref uses t o give a receipt ;
(4) When t wo or more persons claim t he same right t o collect ;
(5) When t he t it le of t he obligat ion has been lost . (1176a)
ARTICLE 1257. In order t hat t he consignat ion of t he t hing due may release t he obligor, it must f irst
be announced t o t he persons int erest ed in t he f ulf illment of t he obligat ion.
The consignat ion shall be inef f ect ual if it is not made st rict ly in consonance wit h t he provisions
which regulat e payment . (1177)
ARTICLE 1258. Consignat ion shall be made by deposit ing t he t hings due at t he disposal of judicial
aut horit y, bef ore whom t he t ender of payment shall be proved, in a proper case, and t he
announcement of t he consignat ion in ot her cases.
The consignat ion having been made, t he int erest ed part ies shall also be not if ied t hereof . (1178)
ARTICLE 1259. The expenses of consignat ion, when properly made, shall be charged against t he
credit or. (1179)
ARTICLE 1260. Once t he consignat ion has been duly made, t he debt or may ask t he judge t o order
t he cancellat ion of t he obligat ion.
Bef ore t he credit or has accept ed t he consignat ion, or bef ore a judicial declarat ion t hat t he
consignat ion has been properly made, t he debt or may wit hdraw t he t hing or t he sum deposit ed,
allowing t he obligat ion t o remain in f orce. (1180)
ARTICLE 1261. If , t he consignat ion having been made, t he credit or should aut horize t he debt or t o
wit hdraw t he same, he shall lose every pref erence which he may have over t he t hing. The co-
debt ors, guarant ors and suret ies shall be released. (1181a)
SECTION 2
Loss of t he Thing Due
ARTICLE 1262. An obligat ion which consist s in t he delivery of a det erminat e t hing shall be
ext inguished if it should be lost or dest royed wit hout t he f ault of t he debt or, and bef ore he has
incurred in delay.
When by law or st ipulat ion, t he obligor is liable even f or f ort uit ous event s, t he loss of t he t hing
does not ext inguish t he obligat ion, and he shall be responsible f or damages. The same rule applies
when t he nat ure of t he obligat ion requires t he assumpt ion of risk. (1182a)
ARTICLE 1263. In an obligat ion t o deliver a generic t hing, t he loss or dest ruct ion of anyt hing of t he
same kind does not ext inguish t he obligat ion. (n)
ARTICLE 1264. The court s shall det ermine whet her, under t he circumst ances, t he part ial loss of
t he object of t he obligat ion is so import ant as t o ext inguish t he obligat ion. (n)
ARTICLE 1265. Whenever t he t hing is lost in t he possession of t he debt or, it shall be presumed
t hat t he loss was due t o his f ault , unless t here is proof t o t he cont rary, and wit hout prejudice t o
t he provisions of art icle 1165. This presumpt ion does not apply in case of eart hquake, f lood, st orm
or ot her nat ural calamit y. (1183a)
ARTICLE 1266. The debt or in obligat ions t o do shall also be released when t he prest at ion
becomes legally or physically impossible wit hout t he f ault of t he obligor. (1184a)
ARTICLE 1267. When t he service has become so dif f icult as t o be manif est ly beyond t he
cont emplat ion of t he part ies, t he obligor may also be released t heref rom, in whole or in part . (n)
ARTICLE 1268. When t he debt of a t hing cert ain and det erminat e proceeds f rom a criminal
of f ense, t he debt or shall not be exempt ed f rom t he payment of it s price, what ever may be t he
cause f or t he loss, unless t he t hing having been of f ered by him t o t he person who should receive
it , t he lat t er ref used wit hout just if icat ion t o accept it . (1185)
ARTICLE 1269. The obligat ion having been ext inguished by t he loss of t he t hing, t he credit or shall
have all t he right s of act ion which t he debt or may have against t hird persons by reason of t he loss.
(1186)
SECTION 3
Condonat ion or Remission of t he Debt
ARTICLE 1270. Condonat ion or remission is essent ially grat uit ous, and requires t he accept ance by
t he obligor. It may be made expressly or impliedly.
One and t he ot her kinds shall be subject t o t he rules which govern inof f icious donat ions. Express
condonat ion shall, f urt hermore, comply wit h t he f orms of donat ion. (1187)
ARTICLE 1271. The delivery of a privat e document evidencing a credit , made volunt arily by t he
credit or t o t he debt or, implies t he renunciat ion of t he act ion which t he f ormer had against t he
lat t er.
If in order t o nullif y t his waiver it should be claimed t o be inof f icious, t he debt or and his heirs may
uphold it by proving t hat t he delivery of t he document was made in virt ue of payment of t he debt .
(1188)
ARTICLE 1272. Whenever t he privat e document in which t he debt appears is f ound in t he
possession of t he debt or, it shall be presumed t hat t he credit or delivered it volunt arily, unless t he
cont rary is proved. (1189)
ARTICLE 1273. The renunciat ion of t he principal debt shall ext inguish t he accessory obligat ions;
but t he waiver of t he lat t er shall leave t he f ormer in f orce. (1190)
ARTICLE 1274. It is presumed t hat t he accessory obligat ion of pledge has been remit t ed when t he
t hing pledged, af t er it s delivery t o t he credit or, is f ound in t he possession of t he debt or, or of a
t hird person who owns t he t hing. (1191a)
SECTION 4
Conf usion or Merger of Right s
ARTICLE 1275. The obligat ion is ext inguished f rom t he t ime t he charact ers of credit or and debt or
are merged in t he same person. (1192a)
ARTICLE 1276. Merger which t akes place in t he person of t he principal debt or or credit or benef it s
t he guarant ors. Conf usion which t akes place in t he person of any of t he lat t er does not ext inguish
t he obligat ion. (1193)
ARTICLE 1277. Conf usion does not ext inguish a joint obligat ion except as regards t he share
corresponding t o t he credit or or debt or in whom t he t wo charact ers concur. (1194)
SECTION 5
Compensat ion
ARTICLE 1278. Compensat ion shall t ake place when t wo persons, in t heir own right , are credit ors
and debt ors of each ot her. (1195)
ARTICLE 1279. In order t hat compensat ion may be proper, it is necessary:
(1) That each one of t he obligors be bound principally, and t hat he be at t he same t ime a principal
credit or of t he ot her;
(2) That bot h debt s consist in a sum of money, or if t he t hings due are consumable, t hey be of t he
same kind, and also of t he same qualit y if t he lat t er has been st at ed;
(3) That t he t wo debt s be due;
(4) That t hey be liquidat ed and demandable;
(5) That over neit her of t hem t here be any ret ent ion or cont roversy, commenced by t hird persons
and communicat ed in due t ime t o t he debt or. (1196)
ARTICLE 1280. Not wit hst anding t he provisions of t he preceding art icle, t he guarant or may set up
compensat ion as regards what t he credit or may owe t he principal debt or. (1197)
ARTICLE 1281. Compensat ion may be t ot al or part ial. When t he t wo debt s are of t he same
amount , t here is a t ot al compensat ion. (n)
ARTICLE 1282. The part ies may agree upon t he compensat ion of debt s which are not yet due. (n)
ARTICLE 1283. If one of t he part ies t o a suit over an obligat ion has a claim f or damages against
t he ot her, t he f ormer may set it of f by proving his right t o said damages and t he amount t hereof .
(n)
ARTICLE 1284. When one or bot h debt s are rescissible or voidable, t hey may be compensat ed
against each ot her bef ore t hey are judicially rescinded or avoided. (n)
ARTICLE 1285. The debt or who has consent ed t o t he assignment of right s made by a credit or in
f avor of a t hird person, cannot set up against t he assignee t he compensat ion which would pert ain
t o him against t he assignor, unless t he assignor was not if ied by t he debt or at t he t ime he gave his
consent , t hat he reserved his right t o t he compensat ion.
If t he credit or communicat ed t he cession t o him but t he debt or did not consent t heret o, t he lat t er
may set up t he compensat ion of debt s previous t o t he cession, but not of subsequent ones.
If t he assignment is made wit hout t he knowledge of t he debt or, he may set up t he compensat ion
of all credit s prior t o t he same and also lat er ones unt il he had knowledge of t he assignment .
(1198a)
ARTICLE 1286. Compensat ion t akes place by operat ion of law, even t hough t he debt s may be
payable at dif f erent places, but t here shall be an indemnit y f or expenses of exchange or
t ransport at ion t o t he place of payment . (1199a)
ARTICLE 1287. Compensat ion shall not be proper when one of t he debt s arises f rom a deposit um
or f rom t he obligat ions of a deposit ary or of a bailee in commodat um.
Neit her can compensat ion be set up against a credit or who has a claim f or support due by
grat uit ous t it le, wit hout prejudice t o t he provisions of paragraph 2 of art icle 301. (1200a)
ARTICLE 1288. Neit her shall t here be compensat ion if one of t he debt s consist s in civil liabilit y
arising f rom a penal of f ense. (n)
ARTICLE 1289. If a person should have against him several debt s which are suscept ible of
compensat ion, t he rules on t he applicat ion of payment s shall apply t o t he order of t he
compensat ion. (1201)
ARTICLE 1290. When all t he requisit es ment ioned in art icle 1279 are present , compensat ion t akes
ef f ect by operat ion of law, and ext inguishes bot h debt s t o t he concurrent amount , even t hough
t he credit ors and debt ors are not aware of t he compensat ion. (1202a)
SECTION 6
Novat ion
ARTICLE 1291. Obligat ions may be modif ied by:
(1) Changing t heir object or principal condit ions;
(2) Subst it ut ing t he person of t he debt or;
(3) Subrogat ing a t hird person in t he right s of t he credit or. (1203)
ARTICLE 1292. In order t hat an obligat ion may be ext inguished by anot her which subst it ut e t he
same, it is imperat ive t hat it be so declared in unequivocal t erms, or t hat t he old and t he new
obligat ions be on every point incompat ible wit h each ot her. (1204)
ARTICLE 1293. Novat ion which consist s in subst it ut ing a new debt or in t he place of t he original
one, may be made even wit hout t he knowledge or against t he will of t he lat t er, but not wit hout t he
consent of t he credit or. Payment by t he new debt or gives him t he right s ment ioned in art icles 1236
and 1237. (1205a)
ARTICLE 1294. If t he subst it ut ion is wit hout t he knowledge or against t he will of t he debt or, t he
new debt ors insolvency or non-f ulf illment of t he obligat ion shall not give rise t o any liabilit y on t he
part of t he original debt or. (n)
ARTICLE 1295. The insolvency of t he new debt or, who has been proposed by t he original debt or
and accept ed by t he credit or, shall not revive t he act ion of t he lat t er against t he original obligor,
except when said insolvency was already exist ing and of public knowledge, or known t o t he
debt or, when he delegat ed his debt . (1206a)
ARTICLE 1296. When t he principal obligat ion is ext inguished in consequence of a novat ion,
accessory obligat ions may subsist only insof ar as t hey may benef it t hird persons who did not give
t heir consent . (1207)
ARTICLE 1297. If t he new obligat ion is void, t he original one shall subsist , unless t he part ies
int ended t hat t he f ormer relat ion should be ext inguished in any event . (n)
ARTICLE 1298. The novat ion is void if t he original obligat ion was void, except when annulment
may be claimed only by t he debt or, or when rat if icat ion validat es act s which are voidable. (1208a)
ARTICLE 1299. If t he original obligat ion was subject t o a suspensive or resolut ory condit ion, t he
new obligat ion shall be under t he same condit ion, unless it is ot herwise st ipulat ed. (n)
ARTICLE 1300. Subrogat ion of a t hird person in t he right s of t he credit or is eit her legal or
convent ional. The f ormer is not presumed, except in cases expressly ment ioned in t his Code; t he
lat t er must be clearly est ablished in order t hat it may t ake ef f ect . (1209a)
ARTICLE 1301. Convent ional subrogat ion of a t hird person requires t he consent of t he original
part ies and of t he t hird person. (n)
ARTICLE 1302. It is presumed t hat t here is legal subrogat ion:
(1) When a credit or pays anot her credit or who is pref erred, even wit hout t he debt ors knowledge;
(2) When a t hird person, not int erest ed in t he obligat ion, pays wit h t he express or t acit approval of
t he debt or;
(3) When, even wit hout t he knowledge of t he debt or, a person int erest ed in t he f ulf illment of t he
obligat ion pays, wit hout prejudice t o t he ef f ect s of conf usion as t o t he lat t ers share. (1210a)
ARTICLE 1303. Subrogat ion t ransf ers t o t he person subrogat ed t he credit wit h all t he right s
t heret o appert aining, eit her against t he debt or or against t hird persons, be t hey guarant ors or
possessors of mort gages, subject t o st ipulat ion in a convent ional subrogat ion. (1212a)
ARTICLE 1304. A credit or, t o whom part ial payment has been made, may exercise his right f or t he
remainder, and he shall be pref erred t o t he person who has been subrogat ed in his place in virt ue
of t he part ial payment of t he same credit . (1213)
TITLE II
Cont ract s
CHAPTER 1
General Provisions
ARTICLE 1305. A cont ract is a meet ing of minds bet ween t wo persons whereby one binds himself ,
wit h respect t o t he ot her, t o give somet hing or t o render some service. (1254a)
ARTICLE 1306. The cont ract ing part ies may est ablish such st ipulat ions, clauses, t erms and
condit ions as t hey may deem convenient , provided t hey are not cont rary t o law, morals, good
cust oms, public order, or public policy. (1255a)
ARTICLE 1307. Innominat e cont ract s shall be regulat ed by t he st ipulat ions of t he part ies, by t he
provisions of Tit les I and II of t his Book, by t he rules governing t he most analogous nominat e
cont ract s, and by t he cust oms of t he place. (n)
ARTICLE 1308. The cont ract must bind bot h cont ract ing part ies; it s validit y or compliance cannot
be lef t t o t he will of one of t hem. (1256a)
ARTICLE 1309. The det erminat ion of t he perf ormance may be lef t t o a t hird person, whose
decision shall not be binding unt il it has been made known t o bot h cont ract ing part ies. (n)
ARTICLE 1310. The det erminat ion shall not be obligat ory if it is evident ly inequit able. In such case,
t he court s shall decide what is equit able under t he circumst ances. (n)
ARTICLE 1311. Cont ract s t ake ef f ect only bet ween t he part ies, t heir assigns and heirs, except in
case where t he right s and obligat ions arising f rom t he cont ract are not t ransmissible by t heir
nat ure, or by st ipulat ion or by provision of law. The heir is not liable beyond t he value of t he
propert y he received f rom t he decedent .
If a cont ract should cont ain some st ipulat ion in f avor of a t hird person, he may demand it s
f ulf illment provided he communicat ed his accept ance t o t he obligor bef ore it s revocat ion. A mere
incident al benef it or int erest of a person is not suf f icient . The cont ract ing part ies must have clearly
and deliberat ely conf erred a f avor upon a t hird person. (1257a)
ARTICLE 1312. In cont ract s creat ing real right s, t hird persons who come int o possession of t he
object of t he cont ract are bound t hereby, subject t o t he provisions of t he Mort gage Law and t he
Land Regist rat ion Laws. (n)
ARTICLE 1313. Credit ors are prot ect ed in cases of cont ract s int ended t o def raud t hem. (n)
emmrum
ARTICLE 1314. Any t hird person who induces anot her t o violat e his cont ract shall be liable f or
damages t o t he ot her cont ract ing part y. (n)
ARTICLE 1315. Cont ract s are perf ect ed by mere consent , and f rom t hat moment t he part ies are
bound not only t o t he f ulf illment of what has been expressly st ipulat ed but also t o all t he
consequences which, according t o t heir nat ure, may be in keeping wit h good f ait h, usage and law.
(1258)
ARTICLE 1316. Real cont ract s, such as deposit , pledge and commodat um, are not perf ect ed unt il
t he delivery of t he object of t he obligat ion. (n)
ARTICLE 1317. No one may cont ract in t he name of anot her wit hout being aut horized by t he
lat t er, or unless he has by law a right t o represent him.
A cont ract ent ered int o in t he name of anot her by one who has no aut horit y or legal
represent at ion, or who has act ed beyond his powers, shall be unenf orceable, unless it is rat if ied,
expressly or impliedly, by t he person on whose behalf it has been execut ed, bef ore it is revoked by
t he ot her cont ract ing part y. (1259a)
CHAPTER 2
Essent ial Requisit es of Cont ract s
General Provisions
ARTICLE 1318. There is no cont ract unless t he f ollowing requisit es concur: dst wmi
(1) Consent of t he cont ract ing part ies;
(2) Object cert ain which is t he subject mat t er of t he cont ract ;
(3) Cause of t he obligat ion which is est ablished. (1261)
SECTION 1
Consent
ARTICLE 1319. Consent is manif est ed by t he meet ing of t he of f er and t he accept ance upon t he
t hing and t he cause which are t o const it ut e t he cont ract . The of f er must be cert ain and t he
accept ance absolut e. A qualif ied accept ance const it ut es a count er-of f er.
Accept ance made by let t er or t elegram does not bind t he of f erer except f rom t he t ime it came t o
his knowledge. The cont ract , in such a case, is presumed t o have been ent ered int o in t he place
where t he of f er was made. (1262a)
ARTICLE 1320. An accept ance may be express or implied. (n)
ARTICLE 1321. The person making t he of f er may f ix t he t ime, place, and manner of accept ance, all
of which must be complied wit h. (n)
ARTICLE 1322. An of f er made t hrough an agent is accept ed f rom t he t ime accept ance is
communicat ed t o him. (n)
ARTICLE 1323. An of f er becomes inef f ect ive upon t he deat h, civil int erdict ion, insanit y, or
insolvency of eit her part y bef ore accept ance is conveyed. (n)
ARTICLE 1324. When t he of f erer has allowed t he of f eree a cert ain period t o accept , t he of f er may
be wit hdrawn at any t ime bef ore accept ance by communicat ing such wit hdrawal, except when t he
opt ion is f ounded upon a considerat ion, as somet hing paid or promised. (n)
ARTICLE 1325. Unless it appears ot herwise, business advert isement s of t hings f or sale are not
def init e of f ers, but mere invit at ions t o make an of f er. (n)
ARTICLE 1326. Advert isement s f or bidders are simply invit at ions t o make proposals, and t he
advert iser is not bound t o accept t he highest or lowest bidder, unless t he cont rary appears. (n)
ARTICLE 1327. The f ollowing cannot give consent t o a cont ract :
(1) Unemancipat ed minors;
(2) Insane or dement ed persons, and deaf -mut es who do not know how t o writ e. (1263a)
ARTICLE 1328. Cont ract s ent ered int o during a lucid int erval are valid. Cont ract s agreed t o in a
st at e of drunkenness or during a hypnot ic spell are voidable. (n)
ARTICLE 1329. The incapacit y declared in art icle 1327 is subject t o t he modif icat ions det ermined
by law, and is underst ood t o be wit hout prejudice t o special disqualif icat ions est ablished in t he
laws. (1264)
ARTICLE 1330. A cont ract where consent is given t hrough mist ake, violence, int imidat ion, undue
inf luence, or f raud is voidable. (1265a)
ARTICLE 1331. In order t hat mist ake may invalidat e consent , it should ref er t o t he subst ance of
t he t hing which is t he object of t he cont ract , or t o t hose condit ions which have principally moved
one or bot h part ies t o ent er int o t he cont ract .
Mist ake as t o t he ident it y or qualif icat ions of one of t he part ies will vit iat e consent only when such
ident it y or qualif icat ions have been t he principal cause of t he cont ract .
A simple mist ake of account shall give rise t o it s correct ion. (1266a)
ARTICLE 1332. When one of t he part ies is unable t o read, or if t he cont ract is in a language not
underst ood by him, and mist ake or f raud is alleged, t he person enf orcing t he cont ract must show
t hat t he t erms t hereof have been f ully explained t o t he f ormer. (n)
ARTICLE 1333. There is no mist ake if t he part y alleging it knew t he doubt , cont ingency or risk
af f ect ing t he object of t he cont ract . (n)
ARTICLE 1334. Mut ual error as t o t he legal ef f ect of an agreement when t he real purpose of t he
part ies is f rust rat ed, may vit iat e consent . (n)
ARTICLE 1335. There is violence when in order t o wrest consent , serious or irresist ible f orce is
employed.
There is int imidat ion when one of t he cont ract ing part ies is compelled by a reasonable and well-
grounded f ear of an imminent and grave evil upon his person or propert y, or upon t he person or
propert y of his spouse, descendant s or ascendant s, t o give his consent .
To det ermine t he degree of int imidat ion, t he age, sex and condit ion of t he person shall be borne in
mind.
A t hreat t o enf orce ones claim t hrough compet ent aut horit y, if t he claim is just or legal, does not
vit iat e consent . (1267a)
ARTICLE 1336. Violence or int imidat ion shall annul t he obligat ion, alt hough it may have been
employed by a t hird person who did not t ake part in t he cont ract . (1268)
ARTICLE 1337. There is undue inf luence when a person t akes improper advant age of his power
over t he will of anot her, depriving t he lat t er of a reasonable f reedom of choice. The f ollowing
circumst ances shall be considered: t he conf ident ial, f amily, spirit ual and ot her relat ions bet ween
t he part ies, or t he f act t hat t he person alleged t o have been unduly inf luenced was suf f ering f rom
ment al weakness, or was ignorant or in f inancial dist ress. (n)
ARTICLE 1338. There is f raud when, t hrough insidious words or machinat ions of one of t he
cont ract ing part ies, t he ot her is induced t o ent er int o a cont ract which, wit hout t hem, he would
not have agreed t o. (1269)
ARTICLE 1339. Failure t o disclose f act s, when t here is a dut y t o reveal t hem, as when t he part ies
are bound by conf ident ial relat ions, const it ut es f raud. (n)
ARTICLE 1340. The usual exaggerat ions in t rade, when t he ot her part y had an opport unit y t o
know t he f act s, are not in t hemselves f raudulent . (n)
ARTICLE 1341. A mere expression of an opinion does not signif y f raud, unless made by an expert
and t he ot her part y has relied on t he f ormers special knowledge. (n)
ARTICLE 1342. Misrepresent at ion by a t hird person does not vit iat e consent , unless such
misrepresent at ion has creat ed subst ant ial mist ake and t he same is mut ual. (n)
ARTICLE 1343. Misrepresent at ion made in good f ait h is not f raudulent but may const it ut e error. (n)
ARTICLE 1344. In order t hat f raud may make a cont ract voidable, it should be serious and should
not have been employed by bot h cont ract ing part ies.
Incident al f raud only obliges t he person employing it t o pay damages. (1270)
ARTICLE 1345. Simulat ion of a cont ract may be absolut e or relat ive. The f ormer t akes place when
t he part ies do not int end t o be bound at all; t he lat t er, when t he part ies conceal t heir t rue
agreement . (n)
ARTICLE 1346. An absolut ely simulat ed or f ict it ious cont ract is void. A relat ive simulat ion, when it
does not prejudice a t hird person and is not int ended f or any purpose cont rary t o law, morals,
good cust oms, public order or public policy binds t he part ies t o t heir real agreement . (n)
SECTION 2
Object of Cont ract s
ARTICLE 1347. All t hings which are not out side t he commerce of men, including f ut ure t hings, may
be t he object of a cont ract . All right s which are not int ransmissible may also be t he object of
cont ract s.
No cont ract may be ent ered int o upon f ut ure inherit ance except in cases expressly aut horized by
law.
All services which are not cont rary t o law, morals, good cust oms, public order or public policy may
likewise be t he object of a cont ract . (1271a)
ARTICLE 1348. Impossible t hings or services cannot be t he object of cont ract s. (1272)
ARTICLE 1349. The object of every cont ract must be det erminat e as t o it s kind. The f act t hat t he
quant it y is not det erminat e shall not be an obst acle t o t he exist ence of t he cont ract , provided it is
possible t o det ermine t he same, wit hout t he need of a new cont ract bet ween t he part ies. (1273)
SECTION 3
Cause of Cont ract s
ARTICLE 1350. In onerous cont ract s t he cause is underst ood t o be, f or each cont ract ing part y,
t he prest at ion or promise of a t hing or service by t he ot her; in remunerat ory ones, t he service or
benef it which is remunerat ed; and in cont ract s of pure benef icence, t he mere liberalit y of t he
benef act or. (1274)
ARTICLE 1351. The part icular mot ives of t he part ies in ent ering int o a cont ract are dif f erent f rom
t he cause t hereof . (n)
ARTICLE 1352. Cont ract s wit hout cause, or wit h unlawf ul cause, produce no ef f ect what ever. The
cause is unlawf ul if it is cont rary t o law, morals, good cust oms, public order or public policy. (1275a)
ARTICLE 1353. The st at ement of a f alse cause in cont ract s shall render t hem void, if it should not
be proved t hat t hey were f ounded upon anot her cause which is t rue and lawf ul. (1276)
ARTICLE 1354. Alt hough t he cause is not st at ed in t he cont ract , it is presumed t hat it exist s and is
lawf ul, unless t he debt or proves t he cont rary. (1277)
ARTICLE 1355. Except in cases specif ied by law, lesion or inadequacy of cause shall not invalidat e
a cont ract , unless t here has been f raud, mist ake or undue inf luence. (n)
CHAPTER 3
Form of Cont ract s
ARTICLE 1356. Cont ract s shall be obligat ory, in what ever f orm t hey may have been ent ered int o,
provided all t he essent ial requisit es f or t heir validit y are present . However, when t he law requires
t hat a cont ract be in some f orm in order t hat it may be valid or enf orceable, or t hat a cont ract be
proved in a cert ain way, t hat requirement is absolut e and indispensable. In such cases, t he right of
t he part ies st at ed in t he f ollowing art icle cannot be exercised. (1278a)
ARTICLE 1357. If t he law requires a document or ot her special f orm, as in t he act s and cont ract s
enumerat ed in t he f ollowing art icle, t he cont ract ing part ies may compel each ot her t o observe t hat
f orm, once t he cont ract has been perf ect ed. This right may be exercised simult aneously wit h t he
act ion upon t he cont ract . (1279a)
ARTICLE 1358. The f ollowing must appear in a public document :
(1) Act s and cont ract s which have f or t heir object t he creat ion, t ransmission, modif icat ion or
ext inguishment of real right s over immovable propert y; sales of real propert y or of an int erest
t herein are governed by art icles 1403, No. 2, and 1405;
(2) The cession, repudiat ion or renunciat ion of heredit ary right s or of t hose of t he conjugal
part nership of gains;
(3) The power t o administ er propert y, or any ot her power which has f or it s object an act appearing
or which should appear in a public document , or should prejudice a t hird person;
(4) The cession of act ions or right s proceeding f rom an act appearing in a public document .
All ot her cont ract s where t he amount involved exceeds f ive hundred pesos must appear in writ ing,
even a privat e one. But sales of goods, chat t els or t hings in act ion are governed by art icles 1403,
No. 2 and 1405. (1280a)
CHAPTER 4
Ref ormat ion of Inst rument s (n)
ARTICLE 1359. When, t here having been a meet ing of t he minds of t he part ies t o a cont ract , t heir
t rue int ent ion is not expressed in t he inst rument purport ing t o embody t he agreement , by reason
of mist ake, f raud, inequit able conduct or accident , one of t he part ies may ask f or t he ref ormat ion
of t he inst rument t o t he end t hat such t rue int ent ion may be expressed.
If mist ake, f raud, inequit able conduct , or accident has prevent ed a meet ing of t he minds of t he
part ies, t he proper remedy is not ref ormat ion of t he inst rument but annulment of t he cont ract .
ARTICLE 1360. The principles of t he general law on t he ref ormat ion of inst rument s are hereby
adopt ed insof ar as t hey are not in conf lict wit h t he provisions of t his Code.
ARTICLE 1361. When a mut ual mist ake of t he part ies causes t he f ailure of t he inst rument t o
disclose t heir real agreement , said inst rument may be ref ormed.
ARTICLE 1362. If one part y was mist aken and t he ot her act ed f raudulent ly or inequit ably in such a
way t hat t he inst rument does not show t heir t rue int ent ion, t he f ormer may ask f or t he
ref ormat ion of t he inst rument .
ARTICLE 1363. When one part y was mist aken and t he ot her knew or believed t hat t he inst rument
did not st at e t heir real agreement , but concealed t hat f act f rom t he f ormer, t he inst rument may be
ref ormed.
ARTICLE 1364. When t hrough t he ignorance, lack of skill, negligence or bad f ait h on t he part of t he
person draf t ing t he inst rument or of t he clerk or t ypist , t he inst rument does not express t he t rue
int ent ion of t he part ies, t he court s may order t hat t he inst rument be ref ormed.
ARTICLE 1365. If t wo part ies agree upon t he mort gage or pledge of real or personal propert y, but
t he inst rument st at es t hat t he propert y is sold absolut ely or wit h a right of repurchase,
ref ormat ion of t he inst rument is proper.
ARTICLE 1366. There shall be no ref ormat ion in t he f ollowing cases:
(1) Simple donat ions int er vivos wherein no condit ion is imposed;
(2) Wills;
(3) When t he real agreement is void.
ARTICLE 1367. When one of t he part ies has brought an act ion t o enf orce t he inst rument , he
cannot subsequent ly ask f or it s ref ormat ion.
ARTICLE 1368. Ref ormat ion may be ordered at t he inst ance of eit her part y or his successors in
int erest , if t he mist ake was mut ual; ot herwise, upon pet it ion of t he injured part y, or his heirs and
assigns.
ARTICLE 1369. The procedure f or t he ref ormat ion of inst rument shall be governed by rules of
court t o be promulgat ed by t he Supreme Court .
CHAPTER 5
Int erpret at ion of Cont ract s
ARTICLE 1370. If t he t erms of a cont ract are clear and leave no doubt upon t he int ent ion of t he
cont ract ing part ies, t he lit eral meaning of it s st ipulat ions shall cont rol.
If t he words appear t o be cont rary t o t he evident int ent ion of t he part ies, t he lat t er shall prevail
over t he f ormer. (1281)
ARTICLE 1371. In order t o judge t he int ent ion of t he cont ract ing part ies, t heir cont emporaneous
and subsequent act s shall be principally considered. (1282)
ARTICLE 1372. However general t he t erms of a cont ract may be, t hey shall not be underst ood t o
comprehend t hings t hat are dist inct and cases t hat are dif f erent f rom t hose upon which t he
part ies int ended t o agree. (1283)
ARTICLE 1373. If some st ipulat ion of any cont ract should admit of several meanings, it shall be
underst ood as bearing t hat import which is most adequat e t o render it ef f ect ual. (1284)
ARTICLE 1374. The various st ipulat ions of a cont ract shall be int erpret ed t oget her, at t ribut ing t o
t he doubt f ul ones t hat sense which may result f rom all of t hem t aken joint ly. (1285)
ARTICLE 1375. Words which may have dif f erent signif icat ions shall be underst ood in t hat which is
most in keeping wit h t he nat ure and object of t he cont ract . (1286)
ARTICLE 1376. The usage or cust om of t he place shall be borne in mind in t he int erpret at ion of
t he ambiguit ies of a cont ract , and shall f ill t he omission of st ipulat ions which are ordinarily
est ablished. (1287)
ARTICLE 1377. The int erpret at ion of obscure words or st ipulat ions in a cont ract shall not f avor
t he part y who caused t he obscurit y. (1288)
ARTICLE 1378. When it is absolut ely impossible t o set t le doubt s by t he rules est ablished in t he
preceding art icles, and t he doubt s ref er t o incident al circumst ances of a grat uit ous cont ract , t he
least t ransmission of right s and int erest s shall prevail. If t he cont ract is onerous, t he doubt shall be
set t led in f avor of t he great est reciprocit y of int erest s.
If t he doubt s are cast upon t he principal object of t he cont ract in such a way t hat it cannot be
known what may have been t he int ent ion or will of t he part ies, t he cont ract shall be null and void.
(1289)
ARTICLE 1379. The principles of int erpret at ion st at ed in Rule 123 of t he Rules of Court shall
likewise be observed in t he const ruct ion of cont ract s. (n)
CHAPTER 6
Rescissible Cont ract s
ARTICLE 1380. Cont ract s validly agreed upon may be rescinded in t he cases est ablished by law.
(1290)
ARTICLE 1381. The f ollowing cont ract s are rescissible:
(1) Those which are ent ered int o by guardians whenever t he wards whom t hey represent suf f er
lesion by more t han one-f ourt h of t he value of t he t hings which are t he object t hereof ;
(2) Those agreed upon in represent at ion of absent ees, if t he lat t er suf f er t he lesion st at ed in t he
preceding number;
(3) Those undert aken in f raud of credit ors when t he lat t er cannot in any ot her manner collect t he
claims due t hem;
(4) Those which ref er t o t hings under lit igat ion if t hey have been ent ered int o by t he def endant
wit hout t he knowledge and approval of t he lit igant s or of compet ent judicial aut horit y;
(5) All ot her cont ract s specially declared by law t o be subject t o rescission. (1291a)
ARTICLE 1382. Payment s made in a st at e of insolvency f or obligat ions t o whose f ulf illment t he
debt or could not be compelled at t he t ime t hey were ef f ect ed, are also rescissible. (1292)
ARTICLE 1383. The act ion f or rescission is subsidiary; it cannot be inst it ut ed except when t he
part y suf f ering damage has no ot her legal means t o obt ain reparat ion f or t he same. (1294)
ARTICLE 1384. Rescission shall be only t o t he ext ent necessary t o cover t he damages caused. (n)
ARTICLE 1385. Rescission creat es t he obligat ion t o ret urn t he t hings which were t he object of t he
cont ract , t oget her wit h t heir f ruit s, and t he price wit h it s int erest ; consequent ly, it can be carried
out only when he who demands rescission can ret urn what ever he may be obliged t o rest ore.
Neit her shall rescission t ake place when t he t hings which are t he object of t he cont ract are legally
in t he possession of t hird persons who did not act in bad f ait h.
In t his case, indemnit y f or damages may be demanded f rom t he person causing t he loss. (1295)
ARTICLE 1386. Rescission ref erred t o in Nos. 1 and 2 of art icle 1381 shall not t ake place wit h
respect t o cont ract s approved by t he court s. (1296a)
ARTICLE 1387. All cont ract s by virt ue of which t he debt or alienat es propert y by grat uit ous t it le are
presumed t o have been ent ered int o in f raud of credit ors, when t he donor did not reserve
suf f icient propert y t o pay all debt s cont ract ed bef ore t he donat ion.
Alienat ions by onerous t it le are also presumed f raudulent when made by persons against whom
some judgment has been rendered in any inst ance or some writ of at t achment has been issued.
The decision or at t achment need not ref er t o t he propert y alienat ed, and need not have been
obt ained by t he part y seeking t he rescission.
In addit ion t o t hese presumpt ions, t he design t o def raud credit ors may be proved in any ot her
manner recognized by t he law of evidence. (1297a)
ARTICLE 1388. Whoever acquires in bad f ait h t he t hings alienat ed in f raud of credit ors, shall
indemnif y t he lat t er f or damages suf f ered by t hem on account of t he alienat ion, whenever, due t o
any cause, it should be impossible f or him t o ret urn t hem.
If t here are t wo or more alienat ions, t he f irst acquirer shall be liable f irst , and so on successively.
(1298a)
ARTICLE 1389. The act ion t o claim rescission must be commenced wit hin f our years.
For persons under guardianship and f or absent ees, t he period of f our years shall not begin unt il
t he t erminat ion of t he f ormers incapacit y, or unt il t he domicile of t he lat t er is known. (1299)
CHAPTER 7
Voidable Cont ract s
ARTICLE 1390. The f ollowing cont ract s are voidable or annullable, even t hough t here may have
been no damage t o t he cont ract ing part ies:
(1) Those where one of t he part ies is incapable of giving consent t o a cont ract ;
(2) Those where t he consent is vit iat ed by mist ake, violence, int imidat ion, undue inf luence or f raud.
These cont ract s are binding, unless t hey are annulled by a proper act ion in court . They are
suscept ible of rat if icat ion. (n)
ARTICLE 1391. The act ion f or annulment shall be brought wit hin f our years.
This period shall begin:
In cases of int imidat ion, violence or undue inf luence, f rom t he t ime t he def ect of t he consent
ceases.
In case of mist ake or f raud, f rom t he t ime of t he discovery of t he same.
And when t he act ion ref ers t o cont ract s ent ered int o by minors or ot her incapacit at ed persons,
f rom t he t ime t he guardianship ceases. (1301a)
ARTICLE 1392. Rat if icat ion ext inguishes t he act ion t o annul a voidable cont ract . (1309a)
ARTICLE 1393. Rat if icat ion may be ef f ect ed expressly or t acit ly. It is underst ood t hat t here is a
t acit rat if icat ion if , wit h knowledge of t he reason which renders t he cont ract voidable and such
reason having ceased, t he person who has a right t o invoke it should execut e an act which
necessarily implies an int ent ion t o waive his right . (1311a)
ARTICLE 1394. Rat if icat ion may be ef f ect ed by t he guardian of t he incapacit at ed person. (n)
ARTICLE 1395. Rat if icat ion does not require t he conf ormit y of t he cont ract ing part y who has no
right t o bring t he act ion f or annulment . (1312)
ARTICLE 1396. Rat if icat ion cleanses t he cont ract f rom all it s def ect s f rom t he moment it was
const it ut ed. (1313)
ARTICLE 1397. The act ion f or t he annulment of cont ract s may be inst it ut ed by all who are t hereby
obliged principally or subsidiarily. However, persons who are capable cannot allege t he incapacit y
of t hose wit h whom t hey cont ract ed; nor can t hose who exert ed int imidat ion, violence, or undue
inf luence, or employed f raud, or caused mist ake base t heir act ion upon t hese f laws of t he
cont ract . (1302a)
ARTICLE 1398. An obligat ion having been annulled, t he cont ract ing part ies shall rest ore t o each
ot her t he t hings which have been t he subject mat t er of t he cont ract , wit h t heir f ruit s, and t he price
wit h it s int erest , except in cases provided by law.
In obligat ions t o render service, t he value t hereof shall be t he basis f or damages. (1303a)
ARTICLE 1399. When t he def ect of t he cont ract consist s in t he incapacit y of one of t he part ies,
t he incapacit at ed person is not obliged t o make any rest it ut ion except insof ar as he has been
benef it ed by t he t hing or price received by him. (1304)
ARTICLE 1400. Whenever t he person obliged by t he decree of annulment t o ret urn t he t hing can
not do so because it has been lost t hrough his f ault , he shall ret urn t he f ruit s received and t he
value of t he t hing at t he t ime of t he loss, wit h int erest f rom t he same dat e. (1307a)
ARTICLE 1401. The act ion f or annulment of cont ract s shall be ext inguished when t he t hing which
is t he object t hereof is lost t hrough t he f raud or f ault of t he person who has a right t o inst it ut e t he
proceedings.
If t he right of act ion is based upon t he incapacit y of any one of t he cont ract ing part ies, t he loss of
t he t hing shall not be an obst acle t o t he success of t he act ion, unless said loss t ook place t hrough
t he f raud or f ault of t he plaint if f . (1314a)
ARTICLE 1402. As long as one of t he cont ract ing part ies does not rest ore what in virt ue of t he
decree of annulment he is bound t o ret urn, t he ot her cannot be compelled t o comply wit h what is
incumbent upon him. (1308)
CHAPTER 8
Unenf orceable Cont ract s (n)
ARTICLE 1403. The f ollowing cont ract s are unenf orceable, unless t hey are rat if ied:
(1) Those ent ered int o in t he name of anot her person by one who has been given no aut horit y or
legal represent at ion, or who has act ed beyond his powers;
(2) Those t hat do not comply wit h t he St at ut e of Frauds as set f ort h in t his number. In t he
f ollowing cases an agreement hereaf t er made shall be unenf orceable by act ion, unless t he same,
or some not e or memorandum, t hereof , be in writ ing, and subscribed by t he part y charged, or by
his agent ; evidence, t heref ore, of t he agreement cannot be received wit hout t he writ ing, or a
secondary evidence of it s cont ent s:
(a) An agreement t hat by it s t erms is not t o be perf ormed wit hin a year f rom t he making t hereof ;
(b) A special promise t o answer f or t he debt , def ault , or miscarriage of anot her;
(c) An agreement made in considerat ion of marriage, ot her t han a mut ual promise t o marry;
(d) An agreement f or t he sale of goods, chat t els or t hings in act ion, at a price not less t han f ive
hundred pesos, unless t he buyer accept and receive part of such goods and chat t els, or t he
evidences, or some of t hem, of such t hings in act ion, or pay at t he t ime some part of t he purchase
money; but when a sale is made by auct ion and ent ry is made by t he auct ioneer in his sales book,
at t he t ime of t he sale, of t he amount and kind of propert y sold, t erms of sale, price, names of t he
purchasers and person on whose account t he sale is made, it is a suf f icient memorandum;
(e) An agreement f or t he leasing f or a longer period t han one year, or f or t he sale of real propert y
or of an int erest t herein;
(f ) A represent at ion as t o t he credit of a t hird person.
(3) Those where bot h part ies are incapable of giving consent t o a cont ract .
ARTICLE 1404. Unaut horized cont ract s are governed by art icle 1317 and t he principles of agency
in Tit le X of t his Book.
ARTICLE 1405. Cont ract s inf ringing t he St at ut e of Frauds, ref erred t o in No. 2 of art icle 1403, are
rat if ied by t he f ailure t o object t o t he present at ion of oral evidence t o prove t he same, or by t he
accept ance of benef it s under t hem.
ARTICLE 1406. When a cont ract is enf orceable under t he St at ut e of Frauds, and a public
document is necessary f or it s regist rat ion in t he Regist ry of Deeds, t he part ies may avail
t hemselves of t he right under Art icle 1357.
ARTICLE 1407. In a cont ract where bot h part ies are incapable of giving consent , express or implied
rat if icat ion by t he parent , or guardian, as t he case may be, of one of t he cont ract ing part ies shall
give t he cont ract t he same ef f ect as if only one of t hem were incapacit at ed.
If rat if icat ion is made by t he parent s or guardians, as t he case may be, of bot h cont ract ing part ies,
t he cont ract shall be validat ed f rom t he incept ion.
ARTICLE 1408. Unenf orceable cont ract s cannot be assailed by t hird persons.
CHAPTER 9
Void or Inexist ent Cont ract s
ARTICLE 1409. The f ollowing cont ract s are inexist ent and void f rom t he beginning:
(1) Those whose cause, object or purpose is cont rary t o law, morals, good cust oms, public order
or public policy;
(2) Those which are absolut ely simulat ed or f ict it ious;
(3) Those whose cause or object did not exist at t he t ime of t he t ransact ion;
(4) Those whose object is out side t he commerce of men;
(5) Those which cont emplat e an impossible service;
(6) Those where t he int ent ion of t he part ies relat ive t o t he principal object of t he cont ract cannot
be ascert ained;
(7) Those expressly prohibit ed or declared void by law.
These cont ract s cannot be rat if ied. Neit her can t he right t o set up t he def ense of illegalit y be
waived.
ARTICLE 1410. The act ion or def ense f or t he declarat ion of t he inexist ence of a cont ract does
not prescribe.
ARTICLE 1411. When t he nullit y proceeds f rom t he illegalit y of t he cause or object of t he cont ract ,
and t he act const it ut es a criminal of f ense, bot h part ies being in pari delict o, t hey shall have no
act ion against each ot her, and bot h shall be prosecut ed. Moreover, t he provisions of t he Penal
Code relat ive t o t he disposal of ef f ect s or inst rument s of a crime shall be applicable t o t he t hings
or t he price of t he cont ract .
This rule shall be applicable when only one of t he part ies is guilt y; but t he innocent one may claim
what he has given, and shall not be bound t o comply wit h his promise. (1305)
ARTICLE 1412. If t he act in which t he unlawf ul or f orbidden cause consist s does not const it ut e a
criminal of f ense, t he f ollowing rules shall be observed:
(1) When t he f ault is on t he part of bot h cont ract ing part ies, neit her may recover what he has
given by virt ue of t he cont ract , or demand t he perf ormance of t he ot hers undert aking;
(2) When only one of t he cont ract ing part ies is at f ault , he cannot recover what he has given by
reason of t he cont ract , or ask f or t he f ulf illment of what has been promised him. The ot her, who is
not at f ault , may demand t he ret urn of what he has given wit hout any obligat ion t o comply wit h his
promise. (1306)
ARTICLE 1413. Int erest paid in excess of t he int erest allowed by t he usury laws may be recovered
by t he debt or, wit h int erest t hereon f rom t he dat e of t he payment .
ARTICLE 1414. When money is paid or propert y delivered f or an illegal purpose, t he cont ract may
be repudiat ed by one of t he part ies bef ore t he purpose has been accomplished, or bef ore any
damage has been caused t o a t hird person. In such case, t he court s may, if t he public int erest will
t hus be subserved, allow t he part y repudiat ing t he cont ract t o recover t he money or propert y.
ARTICLE 1415. Where one of t he part ies t o an illegal cont ract is incapable of giving consent , t he
court s may, if t he int erest of just ice so demands allow recovery of money or propert y delivered by
t he incapacit at ed person.
ARTICLE 1416. When t he agreement is not illegal per se but is merely prohibit ed, and t he
prohibit ion by t he law is designed f or t he prot ect ion of t he plaint if f , he may, if public policy is
t hereby enhanced, recover what he has paid or delivered.
ARTICLE 1417. When t he price of any art icle or commodit y is det ermined by st at ut e, or by
aut horit y of law, any person paying any amount in excess of t he maximum price allowed may
recover such excess.
ARTICLE 1418. When t he law f ixes, or aut horizes t he f ixing of t he maximum number of hours of
labor, and a cont ract is ent ered int o whereby a laborer undert akes t o work longer t han t he
maximum t hus f ixed, he may demand addit ional compensat ion f or service rendered beyond t he
t ime limit .
ARTICLE 1419. When t he law set s, or aut horizes t he set t ing of a minimum wage f or laborers, and
a cont ract is agreed upon by which a laborer accept s a lower wage, he shall be ent it led t o recover
t he def iciency.
ARTICLE 1420. In case of a divisible cont ract , if t he illegal t erms can be separat ed f rom t he legal
ones, t he lat t er may be enf orced.
ARTICLE 1421. The def ense of illegalit y of cont ract is not available t o t hird persons whose
int erest s are not direct ly af f ect ed.
ARTICLE 1422. A cont ract which is t he direct result of a previous illegal cont ract , is also void and
inexist ent .
TITLE III
Nat ural Obligat ions
ARTICLE 1423. Obligat ions are civil or nat ural. Civil obligat ions give a right of act ion t o compel t heir
perf ormance. Nat ural obligat ions, not being based on posit ive law but on equit y and nat ural law,
do not grant a right of act ion t o enf orce t heir perf ormance, but af t er volunt ary f ulf illment by t he
obligor, t hey aut horize t he ret ent ion of what has been delivered or rendered by reason t hereof .
Some nat ural obligat ions are set f ort h in t he f ollowing art icles.
ARTICLE 1424. When a right t o sue upon a civil obligat ion has lapsed by ext inct ive prescript ion, t he
obligor who volunt arily perf orms t he cont ract cannot recover what he has delivered or t he value of
t he service he has rendered.
ARTICLE 1425. When wit hout t he knowledge or against t he will of t he debt or, a t hird person pays
a debt which t he obligor is not legally bound t o pay because t he act ion t hereon has prescribed, but
t he debt or lat er volunt arily reimburses t he t hird person, t he obligor cannot recover what he has
paid.
ARTICLE 1426. When a minor bet ween eight een and t went y-one years of age who has ent ered
int o a cont ract wit hout t he consent of t he parent or guardian, af t er t he annulment of t he cont ract
volunt arily ret urns t he whole t hing or price received, not wit hst anding t he f act t hat he has not been
benef it ed t hereby, t here is no right t o demand t he t hing or price t hus ret urned.
ARTICLE 1427. When a minor bet ween eight een and t went y-one years of age, who has ent ered
int o a cont ract wit hout t he consent of t he parent or guardian, volunt arily pays a sum of money or
delivers a f ungible t hing in f ulf illment of t he obligat ion, t here shall be no right t o recover t he same
f rom t he obligee who has spent or consumed it in good f ait h. (1160a)
ARTICLE 1428. When, af t er an act ion t o enf orce a civil obligat ion has f ailed t he def endant
volunt arily perf orms t he obligat ion, he cannot demand t he ret urn of what he has delivered or t he
payment of t he value of t he service he has rendered.
ARTICLE 1429. When a t est at e or int est at e heir volunt arily pays a debt of t he decedent exceeding
t he value of t he propert y which he received by will or by t he law of int est acy f rom t he est at e of t he
deceased, t he payment is valid and cannot be rescinded by t he payer.
ARTICLE 1430. When a will is declared void because it has not been execut ed in accordance wit h
t he f ormalit ies required by law, but one of t he int est at e heirs, af t er t he set t lement of t he debt s of
t he deceased, pays a legacy in compliance wit h a clause in t he def ect ive will, t he payment is
ef f ect ive and irrevocable.
TITLE IV
Est oppel (n)
ARTICLE 1431. Through est oppel an admission or represent at ion is rendered conclusive upon t he
person making it , and cannot be denied or disproved as against t he person relying t hereon.
ARTICLE 1432. The principles of est oppel are hereby adopt ed insof ar as t hey are not in conf lict
wit h t he provisions of t his Code, t he Code of Commerce, t he Rules of Court and special laws.
ARTICLE 1433. Est oppel may be in pais or by deed.
ARTICLE 1434. When a person who is not t he owner of a t hing sells or alienat es and delivers it ,
and lat er t he seller or grant or acquires t it le t heret o, such t it le passes by operat ion of law t o t he
buyer or grant ee.
ARTICLE 1435. If a person in represent at ion of anot her sells or alienat es a t hing, t he f ormer
cannot subsequent ly set up his own t it le as against t he buyer or grant ee.
ARTICLE 1436. A lessee or a bailee is est opped f rom assert ing t it le t o t he t hing leased or received,
as against t he lessor or bailor.
ARTICLE 1437. When in a cont ract bet ween t hird persons concerning immovable propert y, one of
t hem is misled by a person wit h respect t o t he ownership or real right over t he real est at e, t he
lat t er is precluded f rom assert ing his legal t it le or int erest t herein, provided all t hese requisit es are
present :
(1) There must be f raudulent represent at ion or wrongf ul concealment of f act s known t o t he part y
;
(2) The part y precluded must int end t hat t he ot her should act upon t he f act s as misrepresent ed;
(3) The part y misled must have been unaware of t he t rue f act s; and
(4) The part y def rauded must have act ed in accordance wit h t he misrepresent at ion.
ARTICLE 1438. One who has allowed anot her t o assume apparent ownership of personal propert y
f or t he purpose of making any t ransf er of it , cannot , if he received t he sum f or which a pledge has
been const it ut ed, set up his own t it le t o def eat t he pledge of t he propert y, made by t he ot her t o a
pledgee who received t he same in good f ait h and f or value.
ARTICLE 1439. Est oppel is ef f ect ive only as bet ween t he part ies t heret o or t heir successors in
int erest .
TITLE V
Trust s (n)
CHAPTER 1
General Provisions
ARTICLE 1440. A person who est ablishes a t rust is called t he t rust or; one in whom conf idence is
reposed as regards propert y f or t he benef it of anot her person is known as t he t rust ee; and t he
person f or whose benef it t he t rust has been creat ed is ref erred t o as t he benef iciary. aawiii
ARTICLE 1441. Trust s are eit her express or implied. Express t rust s are creat ed by t he int ent ion of
t he t rust or or of t he part ies. Implied t rust s come int o being by operat ion of law. unidra
ARTICLE 1442. The principles of t he general law of t rust s, insof ar as t hey are not in conf lict wit h
t his Code, t he Code of Commerce, t he Rules of Court and special laws are hereby adopt ed.
CHAPTER 2
Express Trust s
ARTICLE 1443. No express t rust s concerning an immovable or any int erest t herein may be proved
by parol evidence.
ARTICLE 1444. No part icular words are required f or t he creat ion of an express t rust , it being
suf f icient t hat a t rust is clearly int ended.
ARTICLE 1445. No t rust shall f ail because t he t rust ee appoint ed declines t he designat ion, unless
t he cont rary should appear in t he inst rument const it ut ing t he t rust .
ARTICLE 1446. Accept ance by t he benef iciary is necessary. Nevert heless, if t he t rust imposes no
onerous condit ion upon t he benef iciary, his accept ance shall be presumed, if t here is no proof t o
t he cont rary.
CHAPTER 3
Implied Trust s
ARTICLE 1447. The enumerat ion of t he f ollowing cases of implied t rust does not exclude ot hers
est ablished by t he general law of t rust , but t he limit at ion laid down in art icle 1442 shall be
applicable.
ARTICLE 1448. There is an implied t rust when propert y is sold, and t he legal est at e is grant ed t o
one part y but t he price is paid by anot her f or t he purpose of having t he benef icial int erest of t he
propert y. The f ormer is t he t rust ee, while t he lat t er is t he benef iciary. However, if t he person t o
whom t he t it le is conveyed is a child, legit imat e or illegit imat e, of t he one paying t he price of t he
sale, no t rust is implied by law, it being disput ably presumed t hat t here is a gif t in f avor of t he child.
ARTICLE 1449. There is also an implied t rust when a donat ion is made t o a person but it appears
t hat alt hough t he legal est at e is t ransmit t ed t o t he donee, he nevert heless is eit her t o have no
benef icial int erest or only a part t hereof .
ARTICLE 1450. If t he price of a sale of propert y is loaned or paid by one person f or t he benef it of
anot her and t he conveyance is made t o t he lender or payor t o secure t he payment of t he debt , a
t rust arises by operat ion of law in f avor of t he person t o whom t he money is loaned or f or whom it
is paid. The lat t er may redeem t he propert y and compel a conveyance t hereof t o him.
ARTICLE 1451. When land passes by succession t o any person and he causes t he legal t it le t o be
put in t he name of anot her, a t rust is est ablished by implicat ion of law f or t he benef it of t he t rue
owner.
ARTICLE 1452. If t wo or more persons agree t o purchase propert y and by common consent t he
legal t it le is t aken in t he name of one of t hem f or t he benef it of all, a t rust is creat ed by f orce of
law in f avor of t he ot hers in proport ion t o t he int erest of each.
ARTICLE 1453. When propert y is conveyed t o a person in reliance upon his declared int ent ion t o
hold it f or, or t ransf er it t o anot her or t he grant or, t here is an implied t rust in f avor of t he person
whose benef it is cont emplat ed.
ARTICLE 1454. If an absolut e conveyance of propert y is made in order t o secure t he perf ormance
of an obligat ion of t he grant or t oward t he grant ee, a t rust by virt ue of law is est ablished. If t he
f ulf illment of t he obligat ion is of f ered by t he grant or when it becomes due, he may demand t he
reconveyance of t he propert y t o him.
ARTICLE 1455. When any t rust ee, guardian or ot her person holding a f iduciary relat ionship uses
t rust f unds f or t he purchase of propert y and causes t he conveyance t o be made t o him or t o a
t hird person, a t rust is est ablished by operat ion of law in f avor of t he person t o whom t he f unds
belong.
ARTICLE 1456. If propert y is acquired t hrough mist ake or f raud, t he person obt aining it is, by f orce
of law, considered a t rust ee of an implied t rust f or t he benef it of t he person f rom whom t he
propert y comes.
ARTICLE 1457. An implied t rust may be proved by oral evidence.
TITLE VI
Sales
CHAPTER 1
Nat ure and Form of t he Cont ract
ARTICLE 1458. By t he cont ract of sale one of t he cont ract ing part ies obligat es himself t o t ransf er
t he ownership of and t o deliver a det erminat e t hing, and t he ot her t o pay t heref or a price cert ain in
money or it s equivalent .
A cont ract of sale may be absolut e or condit ional. (1445a)
ARTICLE 1459. The t hing must be licit and t he vendor must have a right t o t ransf er t he ownership
t hereof at t he t ime it is delivered. (n)
ARTICLE 1460. A t hing is det erminat e when it is part icularly designat ed or physically segregat ed
f rom all ot hers of t he same class.
The requisit e t hat a t hing be det erminat e is sat isf ied if at t he t ime t he cont ract is ent ered int o, t he
t hing is capable of being made det erminat e wit hout t he necessit y of a new or f urt her agreement
bet ween t he part ies. (n)
ARTICLE 1461. Things having a pot ent ial exist ence may be t he object of t he cont ract of sale.
The ef f icacy of t he sale of a mere hope or expect ancy is deemed subject t o t he condit ion t hat t he
t hing will come int o exist ence.
The sale of a vain hope or expect ancy is void. (n)
ARTICLE 1462. The goods which f orm t he subject of a cont ract of sale may be eit her exist ing
goods, owned or possessed by t he seller, or goods t o be manuf act ured, raised, or acquired by t he
seller af t er t he perf ect ion of t he cont ract of sale, in t his Tit le called f ut ure goods.
There may be a cont ract of sale of goods, whose acquisit ion by t he seller depends upon a
cont ingency which may or may not happen. (n)
ARTICLE 1463. The sole owner of a t hing may sell an undivided int erest t herein. (n)
ARTICLE 1464. In t he case of f ungible goods, t here may be a sale of an undivided share of a
specif ic mass, t hough t he seller purport s t o sell and t he buyer t o buy a def init e number, weight or
measure of t he goods in t he mass, and t hough t he number, weight or measure of t he goods in t he
mass is undet ermined. By such a sale t he buyer becomes owner in common of such a share of t he
mass as t he number, weight or measure bought bears t o t he number, weight or measure of t he
mass. If t he mass cont ains less t han t he number, weight or measure bought , t he buyer becomes
t he owner of t he whole mass and t he seller is bound t o make good t he def iciency f rom goods of
t he same kind and qualit y, unless a cont rary int ent appears. (n)
ARTICLE 1465. Things subject t o a resolut ory condit ion may be t he object of t he cont ract of sale.
(n)
ARTICLE 1466. In const ruing a cont ract cont aining provisions charact erist ic of bot h t he cont ract
of sale and of t he cont ract of agency t o sell, t he essent ial clauses of t he whole inst rument shall
be considered. (n)
ARTICLE 1467. A cont ract f or t he delivery at a cert ain price of an art icle which t he vendor in t he
ordinary course of his business manuf act ures or procures f or t he general market , whet her t he
same is on hand at t he t ime or not , is a cont ract of sale, but if t he goods are t o be manuf act ured
specially f or t he cust omer and upon his special order, and not f or t he general market , it is a
cont ract f or a piece of work. (n)
ARTICLE 1468. If t he considerat ion of t he cont ract consist s part ly in money, and part ly in anot her
t hing, t he t ransact ion shall be charact erized by t he manif est int ent ion of t he part ies. If such
int ent ion does not clearly appear, it shall be considered a bart er if t he value of t he t hing given as a
part of t he considerat ion exceeds t he amount of t he money or it s equivalent ; ot herwise, it is a
sale. (1446a)
ARTICLE 1469. In order t hat t he price may be considered cert ain, it shall be suf f icient t hat it be so
wit h ref erence t o anot her t hing cert ain, or t hat t he det erminat ion t hereof be lef t t o t he judgment
of a special person or persons.
Should such person or persons be unable or unwilling t o f ix it , t he cont ract shall be inef f icacious,
unless t he part ies subsequent ly agree upon t he price.
If t he t hird person or persons act ed in bad f ait h or by mist ake, t he court s may f ix t he price.
Where such t hird person or persons are prevent ed f rom f ixing t he price or t erms by f ault of t he
seller or t he buyer, t he part y not in f ault may have such remedies against t he part y in f ault as are
allowed t he seller or t he buyer, as t he case may be. (1447a)
ARTICLE 1470. Gross inadequacy of price does not af f ect a cont ract of sale, except as it may
indicat e a def ect in t he consent , or t hat t he part ies really int ended a donat ion or some ot her act or
cont ract . (n)
ARTICLE 1471. If t he price is simulat ed, t he sale is void, but t he act may be shown t o have been in
realit y a donat ion, or some ot her act or cont ract . (n)
ARTICLE 1472. The price of securit ies, grain, liquids, and ot her t hings shall also be considered
cert ain, when t he price f ixed is t hat which t he t hing sold would have on a def init e day, or in a
part icular exchange or market , or when an amount is f ixed above or below t he price on such day,
or in such exchange or market , provided said amount be cert ain. (1448)
ARTICLE 1473. The f ixing of t he price can never be lef t t o t he discret ion of one of t he cont ract ing
part ies. However, if t he price f ixed by one of t he part ies is accept ed by t he ot her, t he sale is
perf ect ed. (1449a)
ARTICLE 1474. Where t he price cannot be det ermined in accordance wit h t he preceding art icles, or
in any ot her manner, t he cont ract is inef f icacious. However, if t he t hing or any part t hereof has
been delivered t o and appropriat ed by t he buyer, he must pay a reasonable price t heref or. What is
a reasonable price is a quest ion of f act dependent on t he circumst ances of each part icular case.
(n)
ARTICLE 1475. The cont ract of sale is perf ect ed at t he moment t here is a meet ing of minds upon
t he t hing which is t he object of t he cont ract and upon t he price.
From t hat moment , t he part ies may reciprocally demand perf ormance, subject t o t he provisions of
t he law governing t he f orm of cont ract s. (1450a)
ARTICLE 1476. In t he case of a sale by auct ion:
(1) Where goods are put up f or sale by auct ion in lot s, each lot is t he subject of a separat e
cont ract of sale.
(2) A sale by auct ion is perf ect ed when t he auct ioneer announces it s perf ect ion by t he f all of t he
hammer, or in ot her cust omary manner. Unt il such announcement is made, any bidder may ret ract
his bid; and t he auct ioneer may wit hdraw t he goods f rom t he sale unless t he auct ion has been
announced t o be wit hout reserve.
(3) A right t o bid may be reserved expressly by or on behalf of t he seller, unless ot herwise provided
by law or by st ipulat ion.
(4) Where not ice has not been given t hat a sale by auct ion is subject t o a right t o bid on behalf of
t he seller, it shall not be lawf ul f or t he seller t o bid himself or t o employ or induce any person t o bid
at such sale on his behalf or f or t he auct ioneer, t o employ or induce any person t o bid at such sale
on behalf of t he seller or knowingly t o t ake any bid f rom t he seller or any person employed by him.
Any sale cont ravening t his rule may be t reat ed as f raudulent by t he buyer. (n) Iddids
ARTICLE 1477. The ownership of t he t hing sold shall be t ransf erred t o t he vendee upon t he act ual
or const ruct ive delivery t hereof . (n)
ARTICLE 1478. The part ies may st ipulat e t hat ownership in t he t hing shall not pass t o t he
purchaser unt il he has f ully paid t he price. (n)
ARTICLE 1479. A promise t o buy and sell a det erminat e t hing f or a price cert ain is reciprocally
demandable.
An accept ed unilat eral promise t o buy or t o sell a det erminat e t hing f or a price cert ain is binding
upon t he promisor if t he promise is support ed by a considerat ion dist inct f rom t he price. (1451a)
ARTICLE 1480. Any injury t o or benef it f rom t he t hing sold, af t er t he cont ract has been perf ect ed,
f rom t he moment of t he perf ect ion of t he cont ract t o t he t ime of delivery, shall be governed by
art icles 1163 t o 1165, and 1262.
This rule shall apply t o t he sale of f ungible t hings, made independent ly and f or a single price, or
wit hout considerat ion of t heir weight , number, or measure.
Should f ungible t hings be sold f or a price f ixed according t o weight , number, or measure, t he risk
shall not be imput ed t o t he vendee unt il t hey have been weighed, count ed, or measured and
delivered, unless t he lat t er has incurred in delay. (1452a)
ARTICLE 1481. In t he cont ract of sale of goods by descript ion or by sample, t he cont ract may be
rescinded if t he bulk of t he goods delivered do not correspond wit h t he descript ion or t he sample,
and if t he cont ract be by sample as well as descript ion, it is not suf f icient t hat t he bulk of goods
correspond wit h t he sample if t hey do not also correspond wit h t he descript ion.
The buyer shall have a reasonable opport unit y of comparing t he bulk wit h t he descript ion or t he
sample. (n)
ARTICLE 1482. Whenever earnest money is given in a cont ract of sale, it shall be considered as
part of t he price and as proof of t he perf ect ion of t he cont ract . (1454a)
ARTICLE 1483. Subject t o t he provisions of t he St at ut e of Frauds and of any ot her applicable
st at ut e, a cont ract of sale may be made in writ ing, or by word of mout h, or part ly in writ ing and
part ly by word of mout h, or may be inf erred f rom t he conduct of t he part ies. (n)
ARTICLE 1484. In a cont ract of sale of personal propert y t he price of which is payable in
inst allment s, t he vendor may exercise any of t he f ollowing remedies:
(1) Exact f ulf illment of t he obligat ion, should t he vendee f ail t o pay;
(2) Cancel t he sale, should t he vendees f ailure t o pay cover t wo or more inst allment s;
(3) Foreclose t he chat t el mort gage on t he t hing sold, if one has been const it ut ed, should t he
vendees f ailure t o pay cover t wo or more inst allment s. In t his case, he shall have no f urt her act ion
against t he purchaser t o recover any unpaid balance of t he price. Any agreement t o t he cont rary
shall be void. (1454-A-a)
ARTICLE 1485. The preceding art icle shall be applied t o cont ract s purport ing t o be leases of
personal propert y wit h opt ion t o buy, when t he lessor has deprived t he lessee of t he possession
or enjoyment of t he t hing. (1454-A-a)
ARTICLE 1486. In t he cases ref erred t o in t he t wo preceding art icles, a st ipulat ion t hat t he
inst allment s or rent s paid shall not be ret urned t o t he vendee or lessee shall be valid insof ar as t he
same may not be unconscionable under t he circumst ances. (n)
ARTICLE 1487. The expenses f or t he execut ion and regist rat ion of t he sale shall be borne by t he
vendor, unless t here is a st ipulat ion t o t he cont rary. (1455a)
ARTICLE 1488. The expropriat ion of propert y f or public use is governed by special laws. (1456)
CHAPTER 2
Capacit y t o Buy or Sell
ARTICLE 1489. All persons who are aut horized in t his Code t o obligat e t hemselves, may ent er int o
a cont ract of sale, saving t he modif icat ions cont ained in t he f ollowing art icles.
Where necessaries are sold and delivered t o a minor or ot her person wit hout capacit y t o act , he
must pay a reasonable price t heref or. Necessaries are t hose ref erred t o in art icle 290. (1457a)
ARTICLE 1490. The husband and t he wif e cannot sell propert y t o each ot her, except :
(1) When a separat ion of propert y was agreed upon in t he marriage set t lement s; or t emuim
(2) When t here has been a judicial separat ion of propert y under art icle 191. (1458a)
ARTICLE 1491. The f ollowing persons cannot acquire by purchase, even at a public or judicial
auct ion, eit her in person or t hrough t he mediat ion of anot her:
(1) The guardian, t he propert y of t he person or persons who may be under his guardianship;
(2) Agent s, t he propert y whose administ rat ion or sale may have been int rust ed t o t hem, unless t he
consent of t he principal has been given;
(3) Execut ors and administ rat ors, t he propert y of t he est at e under administ rat ion;
(4) Public of f icers and employees, t he propert y of t he St at e or of any subdivision t hereof , or of
any government -owned or cont rolled corporat ion, or inst it ut ion, t he administ rat ion of which has
been int rust ed t o t hem; t his provision shall apply t o judges and government expert s who, in any
manner what soever, t ake part in t he sale;
(5) Just ices, judges, prosecut ing at t orneys, clerks of superior and inf erior court s, and ot her of f icers
and employees connect ed wit h t he administ rat ion of just ice, t he propert y and right s in lit igat ion or
levied upon an execut ion bef ore t he court wit hin whose jurisdict ion or t errit ory t hey exercise t heir
respect ive f unct ions; t his prohibit ion includes t he act of acquiring by assignment and shall apply t o
lawyers, wit h respect t o t he propert y and right s which may be t he object of any lit igat ion in which
t hey may t ake part by virt ue of t heir prof ession;
(6) Any ot hers specially disqualif ied by law. (1459a)
ARTICLE 1492. The prohibit ions in t he t wo preceding art icles are applicable t o sales in legal
redempt ion, compromises and renunciat ions. (n)
CHAPTER 3
Ef f ect s of t he Cont ract When t he Thing Sold Has Been Lost
ARTICLE 1493. If at t he t ime t he cont ract of sale is perf ect ed, t he t hing which is t he object of t he
cont ract has been ent irely lost , t he cont ract shall be wit hout any ef f ect .
But if t he t hing should have been lost in part only, t he vendee may choose bet ween wit hdrawing
f rom t he cont ract and demanding t he remaining part , paying it s price in proport ion t o t he t ot al sum
agreed upon. (1460a)
ARTICLE 1494. Where t he part ies purport a sale of specif ic goods, and t he goods wit hout t he
knowledge of t he seller have perished in part or have wholly or in a mat erial part so det eriorat ed in
qualit y as t o be subst ant ially changed in charact er, t he buyer may at his opt ion t reat t he sale:
(1) As avoided; or
(2) As valid in all of t he exist ing goods or in so much t hereof as have not det eriorat ed, and as
binding t he buyer t o pay t he agreed price f or t he goods in which t he ownership will pass, if t he sale
was divisible. (n)
CHAPTER 4
Obligat ions of t he Vendor
SECTION 1
General Provisions
ARTICLE 1495. The vendor is bound t o t ransf er t he ownership of and deliver, as well as warrant
t he t hing which is t he object of t he sale. (1461a)
ARTICLE 1496. The ownership of t he t hing sold is acquired by t he vendee f rom t he moment it is
delivered t o him in any of t he ways specif ied in art icles 1497 t o 1501, or in any ot her manner
signif ying an agreement t hat t he possession is t ransf erred f rom t he vendor t o t he vendee. (n)
SECTION 2
Delivery of t he Thing Sold
ARTICLE 1497. The t hing sold shall be underst ood as delivered, when it is placed in t he cont rol and
possession of t he vendee. (1462a)
ARTICLE 1498. When t he sale is made t hrough a public inst rument , t he execut ion t hereof shall be
equivalent t o t he delivery of t he t hing which is t he object of t he cont ract , if f rom t he deed t he
cont rary does not appear or cannot clearly be inf erred.
Wit h regard t o movable propert y, it s delivery may also be made by t he delivery of t he keys of t he
place or deposit ory where it is st ored or kept . (1463a)
ARTICLE 1499. The delivery of movable propert y may likewise be made by t he mere consent or
agreement of t he cont ract ing part ies, if t he t hing sold cannot be t ransf erred t o t he possession of
t he vendee at t he t ime of t he sale, or if t he lat t er already had it in his possession f or any ot her
reason. (1463a)
ARTICLE 1500. There may also be t radit io const it ut um possessorium. (n)
ARTICLE 1501. Wit h respect t o incorporeal propert y, t he provisions of t he f irst paragraph of art icle
1498 shall govern. In any ot her case wherein said provisions are not applicable, t he placing of t he
t it les of ownership in t he possession of t he vendee or t he use by t he vendee of his right s, wit h t he
vendors consent , shall be underst ood as a delivery. (1464)
ARTICLE 1502. When goods are delivered t o t he buyer on sale or ret urn t o give t he buyer an
opt ion t o ret urn t he goods inst ead of paying t he price, t he ownership passes t o t he buyer on
delivery, but he may revest t he ownership in t he seller by ret urning or t endering t he goods wit hin
t he t ime f ixed in t he cont ract , or, if no t ime has been f ixed, wit hin a reasonable t ime. (n)
When goods are delivered t o t he buyer on approval or on t rial or on sat isf act ion, or ot her similar
t erms, t he ownership t herein passes t o t he buyer:
(1) When he signif ies his approval or accept ance t o t he seller or does any ot her act adopt ing t he
t ransact ion;
(2) If he does not signif y his approval or accept ance t o t he seller, but ret ains t he goods wit hout
giving not ice of reject ion, t hen if a t ime has been f ixed f or t he ret urn of t he goods, on t he
expirat ion of such t ime, and, if no t ime has been f ixed, on t he expirat ion of a reasonable t ime.
What is a reasonable t ime is a quest ion of f act . (n)
ARTICLE 1503. Where t here is a cont ract of sale of specif ic goods, t he seller may, by t he t erms of
t he cont ract , reserve t he right of possession or ownership in t he goods unt il cert ain condit ions
have been f ulf illed. The right of possession or ownership may be t hus reserved not wit hst anding
t he delivery of t he goods t o t he buyer or t o a carrier or ot her bailee f or t he purpose of
t ransmission t o t he buyer.
Where goods are shipped, and by t he bill of lading t he goods are deliverable t o t he seller or his
agent , or t o t he order of t he seller or of his agent , t he seller t hereby reserves t he ownership in t he
goods. But , if except f or t he f orm of t he bill of lading, t he ownership would have passed t o t he
buyer on shipment of t he goods, t he sellers propert y in t he goods shall be deemed t o be only f or
t he purpose of securing perf ormance by t he buyer of his obligat ions under t he cont ract .
Where goods are shipped, and by t he bill of lading t he goods are deliverable t o order of t he buyer
or of his agent , but possession of t he bill of lading is ret ained by t he seller or his agent , t he seller
t hereby reserves a right t o t he possession of t he goods as against t he buyer.
Where t he seller of goods draws on t he buyer f or t he price and t ransmit s t he bill of exchange and
bill of lading t oget her t o t he buyer t o secure accept ance or payment of t he bill of exchange, t he
buyer is bound t o ret urn t he bill of lading if he does not honor t he bill of exchange, and if he
wrongf ully ret ains t he bill of lading he acquires no added right t hereby. If , however, t he bill of lading
provides t hat t he goods are deliverable t o t he buyer or t o t he order of t he buyer, or is indorsed in
blank, or t o t he buyer by t he consignee named t herein, one who purchases in good f ait h, f or value,
t he bill of lading, or goods f rom t he buyer will obt ain t he ownership in t he goods, alt hough t he bill
of exchange has not been honored, provided t hat such purchaser has received delivery of t he bill
of lading indorsed by t he consignee named t herein, or of t he goods, wit hout not ice of t he f act s
making t he t ransf er wrongf ul. (n)
ARTICLE 1504. Unless ot herwise agreed, t he goods remain at t he sellers risk unt il t he ownership
t herein is t ransf erred t o t he buyer, but when t he ownership t herein is t ransf erred t o t he buyer t he
goods are at t he buyers risk whet her act ual delivery has been made or not , except t hat :
(1) Where delivery of t he goods has been made t o t he buyer or t o a bailee f or t he buyer, in
pursuance of t he cont ract and t he ownership in t he goods has been ret ained by t he seller merely
t o secure perf ormance by t he buyer of his obligat ions under t he cont ract , t he goods are at t he
buyers risk f rom t he t ime of such delivery;
(2) Where act ual delivery has been delayed t hrough t he f ault of eit her t he buyer or seller t he goods
are at t he risk of t he part y in f ault . (n)
ARTICLE 1505. Subject t o t he provisions of t his Tit le, where goods are sold by a person who is not
t he owner t hereof , and who does not sell t hem under aut horit y or wit h t he consent of t he owner,
t he buyer acquires no bet t er t it le t o t he goods t han t he seller had, unless t he owner of t he goods
is by his conduct precluded f rom denying t he sellers aut horit y t o sell.
Not hing in t his Tit le, however, shall af f ect :
(1) The provisions of any f act ors act s, recording laws, or any ot her provision of law enabling t he
apparent owner of goods t o dispose of t hem as if he were t he t rue owner t hereof ;
(2) The validit y of any cont ract of sale under st at ut ory power of sale or under t he order of a court
of compet ent jurisdict ion;
(3) Purchases made in a merchant s st ore, or in f airs, or market s, in accordance wit h t he Code of
Commerce and special laws. (n)
ARTICLE 1506. Where t he seller of goods has a voidable t it le t heret o, but his t it le has not been
avoided at t he t ime of t he sale, t he buyer acquires a good t it le t o t he goods, provided he buys
t hem in good f ait h, f or value, and wit hout not ice of t he sellers def ect of t it le. (n)
ARTICLE 1507. A document of t it le in which it is st at ed t hat t he goods ref erred t o t herein will be
delivered t o t he bearer, or t o t he order of any person named in such document is a negot iable
document of t it le. (n)
ARTICLE 1508. A negot iable document of t it le may be negot iat ed by delivery:
(1) Where by t he t erms of t he document t he carrier, warehouseman or ot her bailee issuing t he
same undert akes t o deliver t he goods t o t he bearer; or
(2) Where by t he t erms of t he document t he carrier, warehouseman or ot her bailee issuing t he
same undert akes t o deliver t he goods t o t he order of a specif ied person, and such person or a
subsequent indorsee of t he document has indorsed it in blank or t o t he bearer.
Where by t he t erms of a negot iable document of t it le t he goods are deliverable t o bearer or where
a negot iable document of t it le has been indorsed in blank or t o bearer, any holder may indorse t he
same t o himself or t o any specif ied person, and in such case t he document shall t hereaf t er be
negot iat ed only by t he indorsement of such indorsee. (n)
ARTICLE 1509. A negot iable document of t it le may be negot iat ed by t he indorsement of t he
person t o whose order t he goods are by t he t erms of t he document deliverable. Such indorsement
may be in blank, t o bearer or t o a specif ied person. If indorsed t o a specif ied person, it may be
again negot iat ed by t he indorsement of such person in blank, t o bearer or t o anot her specif ied
person. Subsequent negot iat ions may be made in like manner. (n)
ARTICLE 1510. If a document of t it le which cont ains an undert aking by a carrier, warehouseman or
ot her bailee t o deliver t he goods t o bearer, t o a specif ied person or order of a specif ied person or
which cont ains words of like import , has placed upon it t he words not negot iable, non-
negot iable or t he like, such document may nevert heless be negot iat ed by t he holder and is a
negot iable document of t it le wit hin t he meaning of t his Tit le. But not hing in t his Tit le cont ained
shall be const rued as limit ing or def ining t he ef f ect upon t he obligat ions of t he carrier,
warehouseman, or ot her bailee issuing a document of t it le or placing t hereon t he words not
negot iable, non-negot iable, or t he like. (n)
ARTICLE 1511. A document of t it le which is not in such f orm t hat it can be negot iat ed by delivery
may be t ransf erred by t he holder by delivery t o a purchaser or donee. A non-negot iable document
cannot be negot iat ed and t he indorsement of such a document gives t he t ransf eree no addit ional
right . (n)
ARTICLE 1512. A negot iable document of t it le may be negot iat ed:
(1) By t he owner t hereof ; or
(2) By any person t o whom t he possession or cust ody of t he document has been ent rust ed by t he
owner, if , by t he t erms of t he document t he bailee issuing t he document undert akes t o deliver t he
goods t o t he order of t he person t o whom t he possession or cust ody of t he document has been
ent rust ed, or if at t he t ime of such ent rust ing t he document is in such f orm t hat it may be
negot iat ed by delivery. (n)
ARTICLE 1513. A person t o whom a negot iable document of t it le has been duly negot iat ed
acquires t hereby:
(1) Such t it le t o t he goods as t he person negot iat ing t he document t o him had or had abilit y t o
convey t o a purchaser in good f ait h f or value and also such t it le t o t he goods as t he person t o
whose order t he goods were t o be delivered by t he t erms of t he document had or had abilit y t o
convey t o a purchaser in good f ait h f or value; and
(2) The direct obligat ion of t he bailee issuing t he document t o hold possession of t he goods f or
him according t o t he t erms of t he document as f ully as if such bailee had cont ract ed direct ly wit h
him. (n)
ARTICLE 1514. A person t o whom a document of t it le has been t ransf erred, but not negot iat ed,
acquires t hereby, as against t he t ransf eror, t he t it le t o t he goods, subject t o t he t erms of any
agreement wit h t he t ransf eror.
If t he document is non-negot iable, such person also acquires t he right t o not if y t he bailee who
issued t he document of t he t ransf er t hereof , and t hereby t o acquire t he direct obligat ion of such
bailee t o hold possession of t he goods f or him according t o t he t erms of t he document .
Prior t o t he not if icat ion t o such bailee by t he t ransf eror or t ransf eree of a non-negot iable
document of t it le, t he t it le of t he t ransf eree t o t he goods and t he right t o acquire t he obligat ion of
such bailee may be def eat ed by t he levy of an at t achment of execut ion upon t he goods by a
credit or of t he t ransf eror, or by a not if icat ion t o such bailee by t he t ransf eror or a subsequent
purchaser f rom t he t ransf eror of a subsequent sale of t he goods by t he t ransf eror. (n)
ARTICLE 1515. Where a negot iable document of t it le is t ransf erred f or value by delivery, and t he
indorsement of t he t ransf eror is essent ial f or negot iat ion, t he t ransf eree acquires a right against
t he t ransf eror t o compel him t o indorse t he document unless a cont rary int ent ion appears. The
negot iat ion shall t ake ef f ect as of t he t ime when t he indorsement is act ually made. (n)
ARTICLE 1516. A person who f or value negot iat es or t ransf ers a document of t it le by indorsement
or delivery, including one who assigns f or value a claim secured by a document of t it le unless a
cont rary int ent ion appears, warrant s:
(1) That t he document is genuine;
(2) That he has a legal right t o negot iat e or t ransf er it ;
(3) That he has knowledge of no f act which would impair t he validit y or wort h of t he document ;
and
(4) That he has a right t o t ransf er t he t it le t o t he goods and t hat t he goods are merchant able or f it
f or a part icular purpose, whenever such warrant ies would have been implied if t he cont ract of t he
part ies had been t o t ransf er wit hout a document of t it le t he goods represent ed t hereby. (n)
ARTICLE 1517. The indorsement of a document of t it le shall not make t he indorser liable f or any
f ailure on t he part of t he bailee who issued t he document or previous indorsers t hereof t o f ulf ill
t heir respect ive obligat ions. (n)
ARTICLE 1518. The validit y of t he negot iat ion of a negot iable document of t it le is not impaired by
t he f act t hat t he negot iat ion was a breach of dut y on t he part of t he person making t he
negot iat ion, or by t he f act t hat t he owner of t he document was deprived of t he possession of t he
same by loss, t hef t , f raud, accident , mist ake, duress, or conversion, if t he person t o whom t he
document was negot iat ed or a person t o whom t he document was subsequent ly negot iat ed paid
value t heref or in good f ait h wit hout not ice of t he breach of dut y, or loss, t hef t , f raud, accident ,
mist ake, duress or conversion. (n)
ARTICLE 1519. If goods are delivered t o a bailee by t he owner or by a person whose act in
conveying t he t it le t o t hem t o a purchaser in good f ait h f or value would bind t he owner and a
negot iable document of t it le is issued f or t hem t hey cannot t hereaf t er, while in possession of such
bailee, be at t ached by garnishment or ot herwise or be levied under an execut ion unless t he
document be f irst surrendered t o t he bailee or it s negot iat ion enjoined. The bailee shall in no case
be compelled t o deliver up t he act ual possession of t he goods unt il t he document is surrendered
t o him or impounded by t he court . (n)
ARTICLE 1520. A credit or whose debt or is t he owner of a negot iable document of t it le shall be
ent it led t o such aid f rom court s of appropriat e jurisdict ion by injunct ion and ot herwise in at t aching
such document or in sat isf ying t he claim by means t hereof as is allowed at law or in equit y in
regard t o propert y which cannot readily be at t ached or levied upon by ordinary legal process. (n)
ARTICLE 1521. Whet her it is f or t he buyer t o t ake possession of t he goods or of t he seller t o send
t hem t o t he buyer is a quest ion depending in each case on t he cont ract , express or implied,
bet ween t he part ies. Apart f rom any such cont ract , express or implied, or usage of t rade t o t he
cont rary, t he place of delivery is t he sellers place of business if he has one, and if not his
residence; but in case of a cont ract of sale of specif ic goods, which t o t he knowledge of t he
part ies when t he cont ract or t he sale was made were in some ot her place, t hen t hat place is t he
place of delivery.
Where by a cont ract of sale t he seller is bound t o send t he goods t o t he buyer, but no t ime f or
sending t hem is f ixed, t he seller is bound t o send t hem wit hin a reasonable t ime.
Where t he goods at t he t ime of sale are in t he possession of a t hird person, t he seller has not
f ulf illed his obligat ion t o deliver t o t he buyer unless and unt il such t hird person acknowledges t o
t he buyer t hat he holds t he goods on t he buyers behalf .
Demand or t ender of delivery may be t reat ed as inef f ect ual unless made at a reasonable hour.
What is a reasonable hour is a quest ion of f act .
Unless ot herwise agreed, t he expenses of and incident al t o put t ing t he goods int o a deliverable
st at e must be borne by t he seller. (n)
ARTICLE 1522. Where t he seller delivers t o t he buyer a quant it y of goods less t han he cont ract ed
t o sell, t he buyer may reject t hem, but if t he buyer accept s or ret ains t he goods so delivered,
knowing t hat t he seller is not going t o perf orm t he cont ract in f ull, he must pay f or t hem at t he
cont ract rat e. If , however, t he buyer has used or disposed of t he goods delivered bef ore he knows
t hat t he seller is not going t o perf orm his cont ract in f ull, t he buyer shall not be liable f or more t han
t he f air value t o him of t he goods so received.
Where t he seller delivers t o t he buyer a quant it y of goods larger t han he cont ract ed t o sell, t he
buyer may accept t he goods included in t he cont ract and reject t he rest . If t he buyer accept s t he
whole of t he goods so delivered he must pay f or t hem at t he cont ract rat e.
Where t he seller delivers t o t he buyer t he goods he cont ract ed t o sell mixed wit h goods of a
dif f erent descript ion not included in t he cont ract , t he buyer may accept t he goods which are in
accordance wit h t he cont ract and reject t he rest .
In t he preceding t wo paragraphs, if t he subject mat t er is indivisible, t he buyer may reject t he whole
of t he goods.
The provisions of t his art icle are subject t o any usage of t rade, special agreement , or course of
dealing bet ween t he part ies. (n)
ARTICLE 1523. Where, in pursuance of a cont ract of sale, t he seller is aut horized or required t o
send t he goods t o t he buyer, delivery of t he goods t o a carrier, whet her named by t he buyer or
not , f or t he purpose of t ransmission t o t he buyer is deemed t o be a delivery of t he goods t o t he
buyer, except in t he cases provided f or in art icle 1503, f irst , second and t hird paragraphs, or unless
a cont rary int ent appears.
Unless ot herwise aut horized by t he buyer, t he seller must make such cont ract wit h t he carrier on
behalf of t he buyer as may be reasonable, having regard t o t he nat ure of t he goods and t he ot her
circumst ances of t he case. If t he seller omit so t o do, and t he goods are lost or damaged in course
of t ransit , t he buyer may decline t o t reat t he delivery t o t he carrier as a delivery t o himself , or may
hold t he seller responsible in damages.
Unless ot herwise agreed, where goods are sent by t he seller t o t he buyer under circumst ances in
which t he seller knows or ought t o know t hat it is usual t o insure, t he seller must give such not ice
t o t he buyer as may enable him t o insure t hem during t heir t ransit , and, if t he seller f ails t o do so,
t he goods shall be deemed t o be at his risk during such t ransit . (n)
ARTICLE 1524. The vendor shall not be bound t o deliver t he t hing sold, if t he vendee has not paid
him t he price, or if no period f or t he payment has been f ixed in t he cont ract . (1466)
ARTICLE 1525. The seller of goods is deemed t o be an unpaid seller wit hin t he meaning of t his
Tit le:
(1) When t he whole of t he price has not been paid or t endered;
(2) When a bill of exchange or ot her negot iable inst rument has been received as condit ional
payment , and t he condit ion on which it was received has been broken by reason of t he dishonor
of t he inst rument , t he insolvency of t he buyer, or ot herwise.
In art icles 1525 t o 1535 t he t erm seller includes an agent of t he seller t o whom t he bill of lading
has been indorsed, or a consignor or agent who has himself paid, or is direct ly responsible f or t he
price, or any ot her person who is in t he posit ion of a seller. (n)
ARTICLE 1526. Subject t o t he provisions of t his Tit le, not wit hst anding t hat t he ownership in t he
goods may have passed t o t he buyer, t he unpaid seller of goods, as such, has:
(1) A lien on t he goods or right t o ret ain t hem f or t he price while he is in possession of t hem;
(2) In case of t he insolvency of t he buyer, a right of st opping t he goods in t ransit u af t er he has
part ed wit h t he possession of t hem;
(3) A right of resale as limit ed by t his Tit le;
(4) A right t o rescind t he sale as likewise limit ed by t his Tit le.
Where t he ownership in t he goods has not passed t o t he buyer, t he unpaid seller has, in addit ion
t o his ot her remedies, a right of wit hholding delivery similar t o and coext ensive wit h his right s of
lien and st oppage in t ransit u where t he ownership has passed t o t he buyer. (n)
ARTICLE 1527. Subject t o t he provisions of t his Tit le, t he unpaid seller of goods who is in
possession of t hem is ent it led t o ret ain possession of t hem unt il payment or t ender of t he price in
t he f ollowing cases, namely:
(1) Where t he goods have been sold wit hout any st ipulat ion as t o credit ;
(2) Where t he goods have been sold on credit , but t he t erm of credit has expired;
(3) Where t he buyer becomes insolvent .
The seller may exercise his right of lien not wit hst anding t hat he is in possession of t he goods as
agent or bailee f or t he buyer. (n)
ARTICLE 1528. Where an unpaid seller has made part delivery of t he goods, he may exercise his
right of lien on t he remainder, unless such part delivery has been made under such circumst ances
as t o show an int ent t o waive t he lien or right of ret ent ion. (n)
ARTICLE 1529. The unpaid seller of goods loses his lien t hereon:
(1) When he delivers t he goods t o a carrier or ot her bailee f or t he purpose of t ransmission t o t he
buyer wit hout reserving t he ownership in t he goods or t he right t o t he possession t hereof ;
(2) When t he buyer or his agent lawf ully obt ains possession of t he goods;
(3) By waiver t hereof .
The unpaid seller of goods, having a lien t hereon, does not lose his lien by reason only t hat he has
obt ained judgment or decree f or t he price of t he goods. (n)
ARTICLE 1530. Subject t o t he provisions of t his Tit le, when t he buyer of goods is or becomes
insolvent , t he unpaid seller who has part ed wit h t he possession of t he goods has t he right of
st opping t hem in t ransit u, t hat is t o say, he may resume possession of t he goods at any t ime while
t hey are in t ransit , and he will t hen become ent it led t o t he same right s in regard t o t he goods as he
would have had if he had never part ed wit h t he possession. (n)
ARTICLE 1531. Goods are in t ransit wit hin t he meaning of t he preceding art icle:
(1) From t he t ime when t hey are delivered t o a carrier by land, wat er, or air, or ot her bailee f or t he
purpose of t ransmission t o t he buyer, unt il t he buyer, or his agent in t hat behalf , t akes delivery of
t hem f rom such carrier or ot her bailee;
(2) If t he goods are reject ed by t he buyer, and t he carrier or ot her bailee cont inues in possession
of t hem, even if t he seller has ref used t o receive t hem back.
Goods are no longer in t ransit wit hin t he meaning of t he preceding art icle:
(1) If t he buyer, or his agent in t hat behalf , obt ains delivery of t he goods bef ore t heir arrival at t he
appoint ed dest inat ion;
(2) If , af t er t he arrival of t he goods at t he appoint ed dest inat ion, t he carrier or ot her bailee
acknowledges t o t he buyer or his agent t hat he holds t he goods on his behalf and cont inues in
possession of t hem as bailee f or t he buyer or his agent ; and it is immat erial t hat f urt her
dest inat ion f or t he goods may have been indicat ed by t he buyer;
(3) If t he carrier or ot her bailee wrongf ully ref uses t o deliver t he goods t o t he buyer or his agent in
t hat behalf .
If t he goods are delivered t o a ship, f reight t rain, t ruck, or airplane chart ered by t he buyer, it is a
quest ion depending on t he circumst ances of t he part icular case, whet her t hey are in t he
possession of t he carrier as such or as agent of t he buyer.
If part delivery of t he goods has been made t o t he buyer, or his agent in t hat behalf , t he remainder
of t he goods may be st opped in t ransit u, unless such part delivery has been under such
circumst ances as t o show an agreement wit h t he buyer t o give up possession of t he whole of t he
goods. (n)
ARTICLE 1532. The unpaid seller may exercise his right of st oppage in t ransit u eit her by obt aining
act ual possession of t he goods or by giving not ice of his claim t o t he carrier or ot her bailee in
whose possession t he goods are. Such not ice may be given eit her t o t he person in act ual
possession of t he goods or t o his principal. In t he lat t er case t he not ice, t o be ef f ect ual, must be
given at such t ime and under such circumst ances t hat t he principal, by t he exercise of reasonable
diligence, may prevent a delivery t o t he buyer.
When not ice of st oppage in t ransit u is given by t he seller t o t he carrier, or ot her bailee in
possession of t he goods, he must redeliver t he goods t o, or according t o t he direct ions of , t he
seller. The expenses of such delivery must be borne by t he seller. If , however, a negot iable
document of t it le represent ing t he goods has been issued by t he carrier or ot her bailee, he shall
not be obliged t o deliver or just if ied in delivering t he goods t o t he seller unless such document is
f irst surrendered f or cancellat ion. (n)
ARTICLE 1533. Where t he goods are of perishable nat ure, or where t he seller expressly reserves
t he right of resale in case t he buyer should make def ault , or where t he buyer has been in def ault in
t he payment of t he price f or an unreasonable t ime, an unpaid seller having a right of lien or having
st opped t he goods in t ransit u may resell t he goods. He shall not t hereaf t er be liable t o t he original
buyer upon t he cont ract of sale or f or any prof it made by such resale, but may recover f rom t he
buyer damages f or any loss occasioned by t he breach of t he cont ract of sale.
Where a resale is made, as aut horized in t his art icle, t he buyer acquires a good t it le as against t he
original buyer.
It is not essent ial t o t he validit y of resale t hat not ice of an int ent ion t o resell t he goods be given by
t he seller t o t he original buyer. But where t he right t o resell is not based on t he perishable nat ure
of t he goods or upon an express provision of t he cont ract of sale, t he giving or f ailure t o give such
not ice shall be relevant in any issue involving t he quest ion whet her t he buyer had been in def ault
f or an unreasonable t ime bef ore t he resale was made.
It is not essent ial t o t he validit y of a resale t hat not ice of t he t ime and place of such resale should
be given by t he seller t o t he original buyer.
The seller is bound t o exercise reasonable care and judgment in making a resale, and subject t o
t his requirement may make a resale eit her by public or privat e sale. He cannot , however, direct ly or
indirect ly buy t he goods. (n)
ARTICLE 1534. An unpaid seller having t he right of lien or having st opped t he goods in t ransit u,
may rescind t he t ransf er of t it le and resume t he ownership in t he goods, where he expressly
reserved t he right t o do so in case t he buyer should make def ault , or where t he buyer has been in
def ault in t he payment of t he price f or an unreasonable t ime. The seller shall not t hereaf t er be
liable t o t he buyer upon t he cont ract of sale, but may recover f rom t he buyer damages f or any loss
occasioned by t he breach of t he cont ract .
The t ransf er of t it le shall not be held t o have been rescinded by an unpaid seller unt il he has
manif est ed by not ice t o t he buyer or by some ot her overt act an int ent ion t o rescind. It is not
necessary t hat such overt act should be communicat ed t o t he buyer, but t he giving or f ailure t o
give not ice t o t he buyer of t he int ent ion t o rescind shall be relevant in any issue involving t he
quest ion whet her t he buyer had been in def ault f or an unreasonable t ime bef ore t he right of
rescission was assert ed. (n)
ARTICLE 1535. Subject t o t he provisions of t his Tit le, t he unpaid sellers right of lien or st oppage in
t ransit u is not af f ect ed by any sale, or ot her disposit ion of t he goods which t he buyer may have
made, unless t he seller has assent ed t heret o.
If , however, a negot iable document of t it le has been issued f or goods, no sellers lien or right of
st oppage in t ransit u shall def eat t he right of any purchaser f or value in good f ait h t o whom such
document has been negot iat ed, whet her such negot iat ion be prior or subsequent t o t he
not if icat ion t o t he carrier, or ot her bailee who issued such document , of t he sellers claim t o a lien
or right of st oppage in t ransit u. (n)
ARTICLE 1536. The vendor is not bound t o deliver t he t hing sold in case t he vendee should lose
t he right t o make use of t he t erms as provided in art icle 1198. (1467a)
ARTICLE 1537. The vendor is bound t o deliver t he t hing sold and it s accessions and accessories in
t he condit ion in which t hey were upon t he perf ect ion of t he cont ract .
All t he f ruit s shall pert ain t o t he vendee f rom t he day on which t he cont ract was perf ect ed. (1468a)
ARTICLE 1538. In case of loss, det eriorat ion or improvement of t he t hing bef ore it s delivery, t he
rules in art icle 1189 shall be observed, t he vendor being considered t he debt or. (n)
ARTICLE 1539. The obligat ion t o deliver t he t hing sold includes t hat of placing in t he cont rol of t he
vendee all t hat is ment ioned in t he cont ract , in conf ormit y wit h t he f ollowing rules:
If t he sale of real est at e should be made wit h a st at ement of it s area, at t he rat e of a cert ain price
f or a unit of measure or number, t he vendor shall be obliged t o deliver t o t he vendee, if t he lat t er
should demand it , all t hat may have been st at ed in t he cont ract ; but , should t his be not possible,
t he vendee may choose bet ween a proport ional reduct ion of t he price and t he rescission of t he
cont ract , provided t hat , in t he lat t er case, t he lack in t he area be not less t han one-t ent h of t hat
st at ed.
The same shall be done, even when t he area is t he same, if any part of t he immovable is not of
t he qualit y specif ied in t he cont ract .
The rescission, in t his case, shall only t ake place at t he will of t he vendee, when t he inf erior value
of t he t hing sold exceeds one-t ent h of t he price agreed upon.
Nevert heless, if t he vendee would not have bought t he immovable had he known of it s smaller
area or inf erior qualit y, he may rescind t he sale. (1469a)
ARTICLE 1540. If , in t he case of t he preceding art icle, t here is a great er area or number in t he
immovable t han t hat st at ed in t he cont ract , t he vendee may accept t he area included in t he
cont ract and reject t he rest . If he accept s t he whole area, he must pay f or t he same at t he
cont ract rat e. (1470a)
ARTICLE 1541. The provisions of t he t wo preceding art icles shall apply t o judicial sales. (n)
ARTICLE 1542. In t he sale of real est at e, made f or a lump sum and not at t he rat e of a cert ain sum
f or a unit of measure or number, t here shall be no increase or decrease of t he price, alt hough
t here be a great er or less area or number t han t hat st at ed in t he cont ract .
The same rule shall be applied when t wo or more immovables are sold f or a single price; but if ,
besides ment ioning t he boundaries, which is indispensable in every conveyance of real est at e, it s
area or number should be designat ed in t he cont ract , t he vendor shall be bound t o deliver all t hat
is included wit hin said boundaries, even when it exceeds t he area or number specif ied in t he
cont ract ; and, should he not be able t o do so, he shall suf f er a reduct ion in t he price, in proport ion
t o what is lacking in t he area or number, unless t he cont ract is rescinded because t he vendee does
not accede t o t he f ailure t o deliver what has been st ipulat ed. (1471)
ARTICLE 1543. The act ions arising f rom art icles 1539 and 1542 shall prescribe in six mont hs,
count ed f rom t he day of delivery. (1472a)
ARTICLE 1544. If t he same t hing should have been sold t o dif f erent vendees, t he ownership shall
be t ransf erred t o t he person who may have f irst t aken possession t hereof in good f ait h, if it
should be movable propert y.
Should it be immovable propert y, t he ownership shall belong t o t he person acquiring it who in good
f ait h f irst recorded it in t he Regist ry of Propert y.
Should t here be no inscript ion, t he ownership shall pert ain t o t he person who in good f ait h was
f irst in t he possession; and, in t he absence t hereof , t o t he person who present s t he oldest t it le,
provided t here is good f ait h. (1473)
SECTION 3
Condit ions and Warrant ies
ARTICLE 1545. Where t he obligat ion of eit her part y t o a cont ract of sale is subject t o any
condit ion which is not perf ormed, such part y may ref use t o proceed wit h t he cont ract or he may
waive perf ormance of t he condit ion. If t he ot her part y has promised t hat t he condit ion should
happen or be perf ormed, such f irst ment ioned part y may also t reat t he nonperf ormance of t he
condit ion as a breach of warrant y.
Where t he ownership in t he t hing has not passed, t he buyer may t reat t he f ulf illment by t he seller
of his obligat ion t o deliver t he same as described and as warrant ed expressly or by implicat ion in
t he cont ract of sale as a condit ion of t he obligat ion of t he buyer t o perf orm his promise t o accept
and pay f or t he t hing. (n)
ARTICLE 1546. Any af f irmat ion of f act or any promise by t he seller relat ing t o t he t hing is an
express warrant y if t he nat ural t endency of such af f irmat ion or promise is t o induce t he buyer t o
purchase t he same, and if t he buyer purchases t he t hing relying t hereon. No af f irmat ion of t he
value of t he t hing, nor any st at ement purport ing t o be a st at ement of t he sellers opinion only,
shall be const rued as a warrant y, unless t he seller made such af f irmat ion or st at ement as an
expert and it was relied upon by t he buyer. (n)
ARTICLE 1547. In a cont ract of sale, unless a cont rary int ent ion appears, t here is:
(1) An implied warrant y on t he part of t he seller t hat he has a right t o sell t he t hing at t he t ime
when t he ownership is t o pass, and t hat t he buyer shall f rom t hat t ime have and enjoy t he legal
and peacef ul possession of t he t hing;
(2) An implied warrant y t hat t he t hing shall be f ree f rom any hidden f ault s or def ect s, or any charge
or encumbrance not declared or known t o t he buyer.
This art icle shall not , however, be held t o render liable a sherif f , auct ioneer, mort gagee, pledgee, or
ot her person prof essing t o sell by virt ue of aut horit y in f act or law, f or t he sale of a t hing in which a
t hird person has a legal or equit able int erest . (n)
SUBSECTION 1
Warrant y in Case of Evict ion
ARTICLE 1548. Evict ion shall t ake place whenever by a f inal judgment based on a right prior t o t he
sale or an act imput able t o t he vendor, t he vendee is deprived of t he whole or of a part of t he
t hing purchased. masero
The vendor shall answer f or t he evict ion even t hough not hing has been said in t he cont ract on t he
subject .
The cont ract ing part ies, however, may increase, diminish, or suppress t his legal obligat ion of t he
vendor. (1475a)
ARTICLE 1549. The vendee need not appeal f rom t he decision in order t hat t he vendor may
become liable f or evict ion. (n)
ARTICLE 1550. When adverse possession had been commenced bef ore t he sale but t he
prescript ive period is complet ed af t er t he t ransf er, t he vendor shall not be liable f or evict ion. (n)
ARTICLE 1551. If t he propert y is sold f or nonpayment of t axes due and not made known t o t he
vendee bef ore t he sale, t he vendor is liable f or evict ion. (n)
ARTICLE 1552. The judgment debt or is also responsible f or evict ion in judicial sales, unless it is
ot herwise decreed in t he judgment . (n)
ARTICLE 1553. Any st ipulat ion exempt ing t he vendor f rom t he obligat ion t o answer f or evict ion
shall be void, if he act ed in bad f ait h. (1476)
ARTICLE 1554. If t he vendee has renounced t he right t o warrant y in case of evict ion, and evict ion
should t ake place, t he vendor shall only pay t he value which t he t hing sold had at t he t ime of t he
evict ion. Should t he vendee have made t he waiver wit h knowledge of t he risks of evict ion and
assumed it s consequences, t he vendor shall not be liable. (1477)
ARTICLE 1555. When t he warrant y has been agreed upon or not hing has been st ipulat ed on t his
point , in case evict ion occurs, t he vendee shall have t he right t o demand of t he vendor:
(1) The ret urn of t he value which t he t hing sold had at t he t ime of t he evict ion, be it great er or less
t han t he price of t he sale;
(2) The income or f ruit s, if he has been ordered t o deliver t hem t o t he part y who won t he suit
against him;
(3) The cost s of t he suit which caused t he evict ion, and, in a proper case, t hose of t he suit
brought against t he vendor f or t he warrant y;
(4) The expenses of t he cont ract , if t he vendee has paid t hem;
(5) The damages and int erest s, and ornament al expenses, if t he sale was made in bad f ait h. (1478)
ARTICLE 1556. Should t he vendee lose, by reason of t he evict ion, a part of t he t hing sold of such
import ance, in relat ion t o t he whole, t hat he would not have bought it wit hout said part , he may
demand t he rescission of t he cont ract ; but wit h t he obligat ion t o ret urn t he t hing wit hout ot her
encumbrances t han t hose which it had when he acquired it .
He may exercise t his right of act ion, inst ead of enf orcing t he vendors liabilit y f or evict ion.
The same rule shall be observed when t wo or more t hings have been joint ly sold f or a lump sum, or
f or a separat e price f or each of t hem, if it should clearly appear t hat t he vendee would not have
purchased one wit hout t he ot her. (1479a)
ARTICLE 1557. The warrant y cannot be enf orced unt il a f inal judgment has been rendered,
whereby t he vendee loses t he t hing acquired or a part t hereof . (1480)
ARTICLE 1558. The vendor shall not be obliged t o make good t he proper warrant y, unless he is
summoned in t he suit f or evict ion at t he inst ance of t he vendee. (1481a)
ARTICLE 1559. The def endant vendee shall ask, wit hin t he t ime f ixed in t he Rules of Court f or
answering t he complaint , t hat t he vendor be made a co-def endant . (1482a)
ARTICLE 1560. If t he immovable sold should be encumbered wit h any non-apparent burden or
servit ude, not ment ioned in t he agreement , of such a nat ure t hat it must be presumed t hat t he
vendee would not have acquired it had he been aware t hereof , he may ask f or t he rescission of
t he cont ract , unless he should pref er t he appropriat e indemnit y. Neit her right can be exercised if
t he non-apparent burden or servit ude is recorded in t he Regist ry of Propert y, unless t here is an
express warrant y t hat t he t hing is f ree f rom all burdens and encumbrances.
Wit hin one year, t o be comput ed f rom t he execut ion of t he deed, t he vendee may bring t he act ion
f or rescission, or sue f or damages.
One year having elapsed, he may only bring an act ion f or damages wit hin an equal period, t o be
count ed f rom t he dat e on which he discovered t he burden or servit ude. (1483a)
SUBSECTION 2
Warrant y Against Hidden Def ect s of or Encumbrances Upon t he Thing Sold
ARTICLE 1561. The vendor shall be responsible f or warrant y against t he hidden def ect s which t he
t hing sold may have, should t hey render it unf it f or t he use f or which it is int ended, or should t hey
diminish it s f it ness f or such use t o such an ext ent t hat , had t he vendee been aware t hereof , he
would not have acquired it or would have given a lower price f or it ; but said vendor shall not be
answerable f or pat ent def ect s or t hose which may be visible, or f or t hose which are not visible if
t he vendee is an expert who, by reason of his t rade or prof ession, should have known t hem.
(1484a)
ARTICLE 1562. In a sale of goods, t here is an implied warrant y or condit ion as t o t he qualit y or
f it ness of t he goods, as f ollows:
(1) Where t he buyer, expressly or by implicat ion, makes known t o t he seller t he part icular purpose
f or which t he goods are acquired, and it appears t hat t he buyer relies on t he sellers skill or
judgment (whet her he be t he grower or manuf act urer or not ), t here is an implied warrant y t hat t he
goods shall be reasonably f it f or such purpose;
(2) Where t he goods are brought by descript ion f rom a seller who deals in goods of t hat
descript ion (whet her he be t he grower or manuf act urer or not ), t here is an implied warrant y t hat
t he goods shall be of merchant able qualit y. (n)
ARTICLE 1563. In t he case of cont ract of sale of a specif ied art icle under it s pat ent or ot her t rade
name, t here is no warrant y as t o it s f it ness f or any part icular purpose, unless t here is a st ipulat ion
t o t he cont rary. (n)
ARTICLE 1564. An implied warrant y or condit ion as t o t he qualit y or f it ness f or a part icular purpose
may be annexed by t he usage of t rade. (n)
ARTICLE 1565. In t he case of a cont ract of sale by sample, if t he seller is a dealer in goods of t hat
kind, t here is an implied warrant y t hat t he goods shall be f ree f rom any def ect rendering t hem
unmerchant able which would not be apparent on reasonable examinat ion of t he sample. (n)
ARTICLE 1566. The vendor is responsible t o t he vendee f or any hidden f ault s or def ect s in t he
t hing sold, even t hough he was not aware t hereof .
This provision shall not apply if t he cont rary has been st ipulat ed, and t he vendor was not aware of
t he hidden f ault s or def ect s in t he t hing sold. (1485)
ARTICLE 1567. In t he cases of art icles 1561, 1562, 1564, 1565 and 1566, t he vendee may elect
bet ween wit hdrawing f rom t he cont ract and demanding a proport ionat e reduct ion of t he price,
wit h damages in eit her case. (1486a)
ARTICLE 1568. If t he t hing sold should be lost in consequence of t he hidden f ault s, and t he vendor
was aware of t hem, he shall bear t he loss, and shall be obliged t o ret urn t he price and ref und t he
expenses of t he cont ract , wit h damages. If he was not aware of t hem, he shall only ret urn t he
price and int erest t hereon, and reimburse t he expenses of t he cont ract which t he vendee might
have paid. (1487a)
ARTICLE 1569. If t he t hing sold had any hidden f ault at t he t ime of t he sale, and should t hereaf t er
be lost by a f ort uit ous event or t hrough t he f ault of t he vendee, t he lat t er may demand of t he
vendor t he price which he paid, less t he value which t he t hing had when it was lost .
If t he vendor act ed in bad f ait h, he shall pay damages t o t he vendee. (1488a)
ARTICLE 1570. The preceding art icles of t his Subsect ion shall be applicable t o judicial sales, except
t hat t he judgment debt or shall not be liable f or damages. (1489a)
ARTICLE 1571. Act ions arising f rom t he provisions of t he preceding t en art icles shall be barred
af t er six mont hs, f rom t he delivery of t he t hing sold. (1490)
ARTICLE 1572. If t wo or more animals are sold t oget her, whet her f or a lump sum or f or a separat e
price f or each of t hem, t he redhibit ory def ect of one shall only give rise t o it s redhibit ion, and not
t hat of t he ot hers; unless it should appear t hat t he vendee would not have purchased t he sound
animal or animals wit hout t he def ect ive one.
The lat t er case shall be presumed when a t eam, yoke pair, or set is bought , even if a separat e
price has been f ixed f or each one of t he animals composing t he same. (1491)
ARTICLE 1573. The provisions of t he preceding art icle wit h respect t o t he sale of animals shall in
like manner be applicable t o t he sale of ot her t hings. (1492)
ARTICLE 1574. There is no warrant y against hidden def ect s of animals sold at f airs or at public
auct ions, or of live st ock sold as condemned. (1493a)
ARTICLE 1575. The sale of animals suf f ering f rom cont agious diseases shall be void.
A cont ract of sale of animals shall also be void if t he use or service f or which t hey are acquired has
been st at ed in t he cont ract and t hey are f ound t o be unf it t heref or. (1494a)
ARTICLE 1576. If t he hidden def ect of animals, even in case a prof essional inspect ion has been
made, should be of such a nat ure t hat expert knowledge is not suf f icient t o discover it , t he def ect
shall be considered as redhibit ory.
But if t he vet erinarian, t hrough ignorance or bad f ait h, should f ail t o discover or disclose it , he shall
be liable f or damages. (1495)
ARTICLE 1577.The redhibit ory act ion, based on t he f ault s or def ect s of animals, must be brought
wit hin f ort y days f rom t he dat e of t heir delivery t o t he vendee.
This act ion can only be exercised wit h respect t o f ault s and def ect s which are det ermined by law
or by local cust oms. (1496a)
ARTICLE 1578. If t he animal should die wit hin t hree days af t er it s purchase, t he vendor shall be
liable if t he disease which caused t he deat h exist ed at t he t ime of t he cont ract . (1497a)
ARTICLE 1579. If t he sale be rescinded, t he animal shall be ret urned in t he condit ion in which it was
sold and delivered, t he vendee being answerable f or any injury due t o his negligence, and not
arising f rom t he redhibit ory f ault or def ect . (1498)
ARTICLE 1580. In t he sale of animals wit h redhibit ory def ect s, t he vendee shall also enjoy t he right
ment ioned in art icle 1567; but he must make use t hereof wit hin t he same period which has been
f ixed f or t he exercise of t he redhibit ory act ion. (1499)
ARTICLE 1581. The f orm of sale of large cat t le shall be governed by special laws. (n)
CHAPTER 5
Obligat ions of t he Vendee
ARTICLE 1582. The vendee is bound t o accept delivery and t o pay t he price of t he t hing sold at
t he t ime and place st ipulat ed in t he cont ract .
If t he t ime and place should not have been st ipulat ed, t he payment must be made at t he t ime and
place of t he delivery of t he t hing sold. (1500a)
ARTICLE 1583. Unless ot herwise agreed, t he buyer of goods is not bound t o accept delivery
t hereof by inst alment s.
Where t here is a cont ract of sale of goods t o be delivered by st at ed inst alment s, which are t o be
separat ely paid f or, and t he seller makes def ect ive deliveries in respect of one or more
inst allment s, or t he buyer neglect s or ref uses wit hout just cause t o t ake delivery of or pay f or one
or more inst alment s, it depends in each case on t he t erms of t he cont ract and t he circumst ances
of t he case, whet her t he breach of cont ract is so mat erial as t o just if y t he injured part y in ref using
t o proceed f urt her and suing f or damages f or breach of t he ent ire cont ract , or whet her t he breach
is severable, giving rise t o a claim f or compensat ion but not t o a right t o t reat t he whole cont ract
as broken. (n)
ARTICLE 1584. Where goods are delivered t o t he buyer, which he has not previously examined, he
is not deemed t o have accept ed t hem unless and unt il he has had a reasonable opport unit y of
examining t hem f or t he purpose of ascert aining whet her t hey are in conf ormit y wit h t he cont ract ,
if t here is no st ipulat ion t o t he cont rary.
Unless ot herwise agreed, when t he seller t enders delivery of goods t o t he buyer, he is bound, on
request , t o af f ord t he buyer a reasonable opport unit y of examining t he goods f or t he purpose of
ascert aining whet her t hey are in conf ormit y wit h t he cont ract .
Where goods are delivered t o a carrier by t he seller, in accordance wit h an order f rom or
agreement wit h t he buyer, upon t he t erms t hat t he goods shall not be delivered by t he carrier t o
t he buyer unt il he has paid t he price, whet her such t erms are indicat ed by marking t he goods wit h
t he words collect on delivery, or ot herwise, t he buyer is not ent it led t o examine t he goods bef ore
t he payment of t he price, in t he absence of agreement or usage of t rade permit t ing such
examinat ion. (n)
ARTICLE 1585. The buyer is deemed t o have accept ed t he goods when he int imat es t o t he seller
t hat he has accept ed t hem, or when t he goods have been delivered t o him, and he does any act in
relat ion t o t hem which is inconsist ent wit h t he ownership of t he seller, or when, af t er t he lapse of
a reasonable t ime, he ret ains t he goods wit hout int imat ing t o t he seller t hat he has reject ed t hem.
(n)
ARTICLE 1586. In t he absence of express or implied agreement of t he part ies, accept ance of t he
goods by t he buyer shall not discharge t he seller f rom liabilit y in damages or ot her legal remedy f or
breach of any promise or warrant y in t he cont ract of sale. But , if , af t er accept ance of t he goods,
t he buyer f ails t o give not ice t o t he seller of t he breach in any promise of warrant y wit hin a
reasonable t ime af t er t he buyer knows, or ought t o know of such breach, t he seller shall not be
liable t heref or. (n)
ARTICLE 1587. Unless ot herwise agreed, where goods are delivered t o t he buyer, and he ref uses
t o accept t hem, having t he right so t o do, he is not bound t o ret urn t hem t o t he seller, but it is
suf f icient if he not if ies t he seller t hat he ref uses t o accept t hem. If he volunt arily const it ut es
himself a deposit ary t hereof , he shall be liable as such. (n)
ARTICLE 1588. If t here is no st ipulat ion as specif ied in t he f irst paragraph of art icle 1523, when t he
buyers ref usal t o accept t he goods is wit hout just cause, t he t it le t heret o passes t o him f rom t he
moment t hey are placed at his disposal. (n)
ARTICLE 1589. The vendee shall owe int erest f or t he period bet ween t he delivery of t he t hing and
t he payment of t he price, in t he f ollowing t hree cases:
(1) Should it have been so st ipulat ed;
(2) Should t he t hing sold and delivered produce f ruit s or income;
(3) Should he be in def ault , f rom t he t ime of judicial or ext rajudicial demand f or t he payment of t he
price. (1501a)
ARTICLE 1590. Should t he vendee be dist urbed in t he possession or ownership of t he t hing
acquired, or should he have reasonable grounds t o f ear such dist urbance, by a vindicat ory act ion
or a f oreclosure of mort gage, he may suspend t he payment of t he price unt il t he vendor has
caused t he dist urbance or danger t o cease, unless t he lat t er gives securit y f or t he ret urn of t he
price in a proper case, or it has been st ipulat ed t hat , not wit hst anding any such cont ingency, t he
vendee shall be bound t o make t he payment . A mere act of t respass shall not aut horize t he
suspension of t he payment of t he price. (1502a) t emuim
ARTICLE 1591. Should t he vendor have reasonable grounds t o f ear t he loss of immovable
propert y sold and it s price, he may immediat ely sue f or t he rescission of t he sale.
Should such ground not exist , t he provisions of art icle 1191 shall be observed. (1503)
ARTICLE 1592. In t he sale of immovable propert y, even t hough it may have been st ipulat ed t hat
upon f ailure t o pay t he price at t he t ime agreed upon t he rescission of t he cont ract shall of right
t ake place, t he vendee may pay, even af t er t he expirat ion of t he period, as long as no demand f or
rescission of t he cont ract has been made upon him eit her judicially or by a not arial act . Af t er t he
demand, t he court may not grant him a new t erm. (1504a)
ARTICLE 1593. Wit h respect t o movable propert y, t he rescission of t he sale shall of right t ake
place in t he int erest of t he vendor, if t he vendee, upon t he expirat ion of t he period f ixed f or t he
delivery of t he t hing, should not have appeared t o receive it , or, having appeared, he should not
have t endered t he price at t he same t ime, unless a longer period has been st ipulat ed f or it s
payment . (1505)
CHAPTER 6
Act ions f or Breach of Cont ract of Sale of Goods
ARTICLE 1594. Act ions f or breach of t he cont ract of sale of goods shall be governed part icularly
by t he provisions of t his Chapt er, and as t o mat t ers not specif ically provided f or herein, by ot her
applicable provisions of t his Tit le. (n)
ARTICLE 1595. Where, under a cont ract of sale, t he ownership of t he goods has passed t o t he
buyer, and he wrongf ully neglect s or ref uses t o pay f or t he goods according t o t he t erms of t he
cont ract of sale, t he seller may maint ain an act ion against him f or t he price of t he goods.
Where, under a cont ract of sale, t he price is payable on a cert ain day, irrespect ive of delivery or of
t ransf er of t it le, and t he buyer wrongf ully neglect s or ref uses t o pay such price, t he seller may
maint ain an act ion f or t he price, alt hough t he ownership in t he goods has not passed. But it shall
be a def ense t o such an act ion t hat t he seller at any t ime bef ore t he judgment in such act ion has
manif est ed an inabilit y t o perf orm t he cont ract of sale on his part or an int ent ion not t o perf orm it .
Alt hough t he ownership in t he goods has not passed, if t hey cannot readily be resold f or a
reasonable price, and if t he provisions of art icle 1596, f ourt h paragraph, are not applicable, t he
seller may of f er t o deliver t he goods t o t he buyer, and, if t he buyer ref uses t o receive t hem, may
not if y t he buyer t hat t he goods are t hereaf t er held by t he seller as bailee f or t he buyer. Thereaf t er
t he seller may t reat t he goods as t he buyers and may maint ain an act ion f or t he price. (n)
ARTICLE 1596. Where t he buyer wrongf ully neglect s or ref uses t o accept and pay f or t he goods,
t he seller may maint ain an act ion against him f or damages f or nonaccept ance.
The measure of damages is t he est imat ed loss direct ly and nat urally result ing in t he ordinary
course of event s, f rom t he buyers breach of cont ract .
Where t here is an available market f or t he goods in quest ion, t he measure of damages is, in t he
absence of special circumst ances showing proximat e damage of a dif f erent amount , t he
dif f erence bet ween t he cont ract price and t he market or current price at t he t ime or t imes when
t he goods ought t o have been accept ed, or, if no t ime was f ixed f or accept ance, t hen at t he t ime
of t he ref usal t o accept .
If , while labor or expense of mat erial amount is necessary on t he part of t he seller t o enable him t o
f ulf ill his obligat ions under t he cont ract of sale, t he buyer repudiat es t he cont ract or not if ies t he
seller t o proceed no f urt her t herewit h, t he buyer shall be liable t o t he seller f or labor perf ormed or
expenses made bef ore receiving not ice of t he buyers repudiat ion or count ermand. The prof it t he
seller would have made if t he cont ract or t he sale had been f ully perf ormed shall be considered in
awarding t he damages. (n)
ARTICLE 1597. Where t he goods have not been delivered t o t he buyer, and t he buyer has
repudiat ed t he cont ract of sale, or has manif est ed his inabilit y t o perf orm his obligat ions
t hereunder, or has commit t ed a breach t hereof , t he seller may t ot ally rescind t he cont ract of sale
by giving not ice of his elect ion so t o do t o t he buyer. (n)
ARTICLE 1598. Where t he seller has broken a cont ract t o deliver specif ic or ascert ained goods, a
court may, on t he applicat ion of t he buyer, direct t hat t he cont ract shall be perf ormed specif ically,
wit hout giving t he seller t he opt ion of ret aining t he goods on payment of damages. The judgment
or decree may be uncondit ional, or upon such t erms and condit ions as t o damages, payment of
t he price and ot herwise, as t he court may deem just . (n)
ARTICLE 1599. Where t here is a breach of warrant y by t he seller, t he buyer may, at his elect ion:
(1) Accept or keep t he goods and set up against t he seller, t he breach of warrant y by way of
recoupment in diminut ion or ext inct ion of t he price;
(2) Accept or keep t he goods and maint ain an act ion against t he seller f or damages f or t he breach
of warrant y;
(3) Ref use t o accept t he goods, and maint ain an act ion against t he seller f or damages f or t he
breach of warrant y;
(4) Rescind t he cont ract of sale and ref use t o receive t he goods or if t he goods have already been
received, ret urn t hem or of f er t o ret urn t hem t o t he seller and recover t he price or any part t hereof
which has been paid.
When t he buyer has claimed and been grant ed a remedy in anyone of t hese ways, no ot her
remedy can t hereaf t er be grant ed, wit hout prejudice t o t he provisions of t he second paragraph of
art icle 1191.
Where t he goods have been delivered t o t he buyer, he cannot rescind t he sale if he knew of t he
breach of warrant y when he accept ed t he goods wit hout prot est , or if he f ails t o not if y t he seller
wit hin a reasonable t ime of t he elect ion t o rescind, or if he f ails t o ret urn or t o of f er t o ret urn t he
goods t o t he seller in subst ant ially as good condit ion as t hey were in at t he t ime t he ownership
was t ransf erred t o t he buyer. But if det eriorat ion or injury of t he goods is due t o t he breach or
warrant y, such det eriorat ion or injury shall not prevent t he buyer f rom ret urning or of f ering t o
ret urn t he goods t o t he seller and rescinding t he sale. mdmiri
Where t he buyer is ent it led t o rescind t he sale and elect s t o do so, he shall cease t o be liable f or
t he price upon ret urning or of f ering t o ret urn t he goods. If t he price or any part t hereof has already
been paid, t he seller shall be liable t o repay so much t hereof as has been paid, concurrent ly wit h
t he ret urn of t he goods, or immediat ely af t er an of f er t o ret urn t he goods in exchange f or
repayment of t he price.
Where t he buyer is ent it led t o rescind t he sale and elect s t o do so, if t he seller ref uses t o accept
an of f er of t he buyer t o ret urn t he goods, t he buyer shall t hereaf t er be deemed t o hold t he goods
as bailee f or t he seller, but subject t o a lien t o secure t he payment of any port ion of t he price
which has been paid, and wit h t he remedies f or t he enf orcement of such lien allowed t o an unpaid
seller by art icle 1526.
(5) In t he case of breach of warrant y of qualit y, such loss, in t he absence of special circumst ances
showing proximat e damage of a great er amount , is t he dif f erence bet ween t he value of t he goods
at t he t ime of delivery t o t he buyer and t he value t hey would have had if t hey had answered t o t he
warrant y. (n)
CHAPTER 7
Ext inguishment of Sale
ARTICLE 1600. Sales are ext inguished by t he same causes as all ot her obligat ions, by t hose
st at ed in t he preceding art icles of t his Tit le, and by convent ional or legal redempt ion. (1506)
SECTION 1
Convent ional Redempt ion
ARTICLE 1601. Convent ional redempt ion shall t ake place when t he vendor reserves t he right t o
repurchase t he t hing sold, wit h t he obligat ion t o comply wit h t he provisions of art icle 1616 and
ot her st ipulat ions which may have been agreed upon. (1507)
ARTICLE 1602. The cont ract shall be presumed t o be an equit able mort gage, in any of t he
f ollowing cases:
(1) When t he price of a sale wit h right t o repurchase is unusually inadequat e;
(2) When t he vendor remains in possession as lessee or ot herwise;
(3) When upon or af t er t he expirat ion of t he right t o repurchase anot her inst rument ext ending t he
period of redempt ion or grant ing a new period is execut ed;
(4) When t he purchaser ret ains f or himself a part of t he purchase price;
(5) When t he vendor binds himself t o pay t he t axes on t he t hing sold;
(6) In any ot her case where it may be f airly inf erred t hat t he real int ent ion of t he part ies is t hat t he
t ransact ion shall secure t he payment of a debt or t he perf ormance of any ot her obligat ion.
In any of t he f oregoing cases, any money, f ruit s, or ot her benef it t o be received by t he vendee as
rent or ot herwise shall be considered as int erest which shall be subject t o t he usury laws. (n)
ARTICLE 1603. In case of doubt , a cont ract purport ing t o be a sale wit h right t o repurchase shall
be const rued as an equit able mort gage. (n)
ARTICLE 1604. The provisions of art icle 1602 shall also apply t o a cont ract purport ing t o be an
absolut e sale. (n)
ARTICLE 1605. In t he cases ref erred t o in art icles 1602 and 1604, t he apparent vendor may ask f or
t he ref ormat ion of t he inst rument . (n)
ARTICLE 1606. The right ref erred t o in art icle 1601, in t he absence of an express agreement , shall
last f our years f rom t he dat e of t he cont ract .
Should t here be an agreement , t he period cannot exceed t en years.
However, t he vendor may st ill exercise t he right t o repurchase wit hin t hirt y days f rom t he t ime f inal
judgment was rendered in a civil act ion on t he basis t hat t he cont ract was a t rue sale wit h right t o
repurchase. (1508a)
ARTICLE 1607. In case of real propert y, t he consolidat ion of ownership in t he vendee by virt ue of
t he f ailure of t he vendor t o comply wit h t he provisions of art icle 1616 shall not be recorded in t he
Regist ry of Propert y wit hout a judicial order, af t er t he vendor has been duly heard. (n)
ARTICLE 1608. The vendor may bring his act ion against every possessor whose right is derived
f rom t he vendee, even if in t he second cont ract no ment ion should have been made of t he right t o
repurchase, wit hout prejudice t o t he provisions of t he Mort gage Law and t he Land Regist rat ion
Law wit h respect t o t hird persons. (1510)
ARTICLE 1609. The vendee is subrogat ed t o t he vendors right s and act ions. (1511)
ARTICLE 1610. The credit ors of t he vendor cannot make use of t he right of redempt ion against
t he vendee, unt il af t er t hey have exhaust ed t he propert y of t he vendor. (1512)
ARTICLE 1611. In a sale wit h a right t o repurchase, t he vendee of a part of an undivided immovable
who acquires t he whole t hereof in t he case of art icle 498, may compel t he vendor t o redeem t he
whole propert y, if t he lat t er wishes t o make use of t he right of redempt ion. (1513)
ARTICLE 1612. If several persons, joint ly and in t he same cont ract , should sell an undivided
immovable wit h a right of repurchase, none of t hem may exercise t his right f or more t han his
respect ive share.
The same rule shall apply if t he person who sold an immovable alone has lef t several heirs, in which
case each of t he lat t er may only redeem t he part which he may have acquired. (1514)
ARTICLE 1613. In t he case of t he preceding art icle, t he vendee may demand of all t he vendors or
co-heirs t hat t hey come t o an agreement upon t he repurchase of t he whole t hing sold; and should
t hey f ail t o do so, t he vendee cannot be compelled t o consent t o a part ial redempt ion. (1515)
ARTICLE 1614. Each one of t he co-owners of an undivided immovable who may have sold his
share separat ely, may independent ly exercise t he right of repurchase as regards his own share,
and t he vendee cannot compel him t o redeem t he whole propert y. (1516)
ARTICLE 1615. If t he vendee should leave several heirs, t he act ion f or redempt ion cannot be
brought against each of t hem except f or his own share, whet her t he t hing be undivided, or it has
been part it ioned among t hem.
But if t he inherit ance has been divided, and t he t hing sold has been awarded t o one of t he heirs,
t he act ion f or redempt ion may be inst it ut ed against him f or t he whole. (1517)
ARTICLE 1616. The vendor cannot avail himself of t he right of repurchase wit hout ret urning t o t he
vendee t he price of t he sale, and in addit ion:
(1) The expenses of t he cont ract , and any ot her legit imat e payment s made by reason of t he sale;
(2) The necessary and usef ul expenses made on t he t hing sold. (1518)
ARTICLE 1617. If at t he t ime of t he execut ion of t he sale t here should be on t he land, visible or
growing f ruit s, t here shall be no reimbursement f or or prorat ing of t hose exist ing at t he t ime of
redempt ion, if no indemnit y was paid by t he purchaser when t he sale was execut ed.
Should t here have been no f ruit s at t he t ime of t he sale, and some exist at t he t ime of redempt ion,
t hey shall be prorat ed bet ween t he redempt ioner and t he vendee, giving t he lat t er t he part
corresponding t o t he t ime he possessed t he land in t he last year, count ed f rom t he anniversary of
t he dat e of t he sale. (1519a)
ARTICLE 1618. The vendor who recovers t he t hing sold shall receive it f ree f rom all charges or
mort gages const it ut ed by t he vendee, but he shall respect t he leases which t he lat t er may have
execut ed in good f ait h, and in accordance wit h t he cust om of t he place where t he land is sit uat ed.
(1520)
SECTION 2
Legal Redempt ion
ARTICLE 1619. Legal redempt ion is t he right t o be subrogat ed, upon t he same t erms and
condit ions st ipulat ed in t he cont ract , in t he place of one who acquires a t hing by purchase or
dat ion in payment , or by any ot her t ransact ion whereby ownership is t ransmit t ed by onerous t it le.
(1521a)
ARTICLE 1620. A co-owner of a t hing may exercise t he right of redempt ion in case t he shares of
all t he ot her co-owners or of any of t hem, are sold t o a t hird person. If t he price of t he alienat ion is
grossly excessive, t he redempt ioner shall pay only a reasonable one.
Should t wo or more co-owners desire t o exercise t he right of redempt ion, t hey may only do so in
proport ion t o t he share t hey may respect ively have in t he t hing owned in common. (1522a)
ARTICLE 1621. The owners of adjoining lands shall also have t he right of redempt ion when a piece
of rural land, t he area of which does not exceed one hect are, is alienat ed, unless t he grant ee does
not own any rural land.
This right is not applicable t o adjacent lands which are separat ed by brooks, drains, ravines, roads
and ot her apparent servit udes f or t he benef it of ot her est at es.
If t wo or more adjoining owners desire t o exercise t he right of redempt ion at t he same t ime, t he
owner of t he adjoining land of smaller area shall be pref erred; and should bot h lands have t he
same area, t he one who f irst request ed t he redempt ion. (1523a)
ARTICLE 1622. Whenever a piece of urban land which is so small and so sit uat ed t hat a major
port ion t hereof cannot be used f or any pract ical purpose wit hin a reasonable t ime, having been
bought merely f or speculat ion, is about t o be re-sold, t he owner of any adjoining land has a right
of pre-empt ion at a reasonable price.
If t he re-sale has been perf ect ed, t he owner of t he adjoining land shall have a right of redempt ion,
also at a reasonable price.
When t wo or more owners of adjoining lands wish t o exercise t he right of pre-empt ion or
redempt ion, t he owner whose int ended use of t he land in quest ion appears best just if ied shall be
pref erred. (n)
ARTICLE 1623. The right of legal pre-empt ion or redempt ion shall not be exercised except wit hin
t hirt y days f rom t he not ice in writ ing by t he prospect ive vendor, or by t he vendor, as t he case may
be. The deed of sale shall not be recorded in t he Regist ry of Propert y, unless accompanied by an
af f idavit of t he vendor t hat he has given writ t en not ice t hereof t o all possible redempt ioners.
The right of redempt ion of co-owners excludes t hat of adjoining owners. (1524a)
ARTICLE 1624. An assignment of credit s and ot her incorporeal right s shall be perf ect ed in
accordance wit h t he provisions of art icle 1475. (n)
ARTICLE 1625. An assignment of a credit , right or act ion shall produce no ef f ect as against t hird
persons, unless it appears in a public inst rument , or t he inst rument is recorded in t he Regist ry of
Propert y in case t he assignment involves real propert y. (1526)
ARTICLE 1626. The debt or who, bef ore having knowledge of t he assignment , pays his credit or
shall be released f rom t he obligat ion. (1527)
ARTICLE 1627. The assignment of a credit includes all t he accessory right s, such as a guarant y,
mort gage, pledge or pref erence. (1528)
ARTICLE 1628. The vendor in good f ait h shall be responsible f or t he exist ence and legalit y of t he
credit at t he t ime of t he sale, unless it should have been sold as doubt f ul; but not f or t he solvency
of t he debt or, unless it has been so expressly st ipulat ed or unless t he insolvency was prior t o t he
sale and of common knowledge.
Even in t hese cases he shall only be liable f or t he price received and f or t he expenses specif ied in
No. 1 of art icle 1616.
The vendor in bad f ait h shall always be answerable f or t he payment of all expenses, and f or
damages. (1529)
ARTICLE 1629. In case t he assignor in good f ait h should have made himself responsible f or t he
solvency of t he debt or, and t he cont ract ing part ies should not have agreed upon t he durat ion of
t he liabilit y, it shall last f or one year only, f rom t he t ime of t he assignment if t he period had already
expired.
If t he credit should be payable wit hin a t erm or period which has not yet expired, t he liabilit y shall
cease one year af t er t he mat urit y. (1530a)
ARTICLE 1630. One who sells an inherit ance wit hout enumerat ing t he t hings of which it is
composed, shall only be answerable f or his charact er as an heir. (1531)
ARTICLE 1631. One who sells f or a lump sum t he whole of cert ain right s, rent s, or product s, shall
comply by answering f or t he legit imacy of t he whole in general; but he shall not be obliged t o
warrant each of t he various part s of which it may be composed, except in t he case of evict ion
f rom t he whole or t he part of great er value. (1532a)
ARTICLE 1632. Should t he vendor have prof it ed by some of t he f ruit s or received anyt hing f rom
t he inherit ance sold, he shall pay t he vendee t hereof , if t he cont rary has not been st ipulat ed.
(1533)
ARTICLE 1633. The vendee shall, on his part , reimburse t he vendor f or all t hat t he lat t er may have
paid f or t he debt s of and charges on t he est at e and sat isf y t he credit s he may have against t he
same, unless t here is an agreement t o t he cont rary. (1534)
ARTICLE 1634. When a credit or ot her incorporeal right in lit igat ion is sold, t he debt or shall have a
right t o ext inguish it by reimbursing t he assignee f or t he price t he lat t er paid t heref or, t he judicial
cost s incurred by him, and t he int erest on t he price f rom t he day on which t he same was paid.
A credit or ot her incorporeal right shall be considered in lit igat ion f rom t he t ime t he complaint
concerning t he same is answered.
The debt or may exercise his right wit hin t hirt y days f rom t he dat e t he assignee demands payment
f rom him. (1535)
ARTICLE 1635. From t he provisions of t he preceding art icle shall be except ed t he assignment s or
sales made:
(1) To a co-heir or co-owner of t he right assigned;
(2) To a credit or in payment of his credit ;
(3) To t he possessor of a t enement or piece of land which is subject t o t he right in lit igat ion
assigned. (1536)
CHAPTER 9
General Provisions
ARTICLE 1636. In t he preceding art icles in t his Tit le governing t he sale of goods, unless t he
cont ext or subject mat t er ot herwise requires:
(1) Document of t it le t o goods includes any bill of lading, dock warrant , quedan, or warehouse
receipt or order f or t he delivery of goods, or any ot her document used in t he ordinary course of
business in t he sale or t ransf er of goods, as proof of t he possession or cont rol of t he goods, or
aut horizing or purport ing t o aut horize t he possessor of t he document t o t ransf er or receive, eit her
by indorsement or by delivery, goods represent ed by such document .
Goods includes all chat t els personal but not t hings in act ion or money of legal t ender in t he
Philippines. The t erm includes growing f ruit s or crops.
Order relat ing t o document s of t it le means an order by indorsement on t he document s.
Qualit y of goods includes t heir st at e or condit ion.
Specif ic goods means goods ident if ied and agreed upon at t he t ime a cont ract of sale is made.
An ant ecedent or pre-exist ing claim, whet her f or money or not , const it ut es value where goods or
document s of t it le are t aken eit her in sat isf act ion t hereof or as securit y t heref or. acd
(2) A person is insolvent wit hin t he meaning of t his Tit le who eit her has ceased t o pay his debt s in
t he ordinary course of business or cannot pay his debt s as t hey become due, whet her insolvency
proceedings have been commenced or not .
(3) Goods are in a deliverable st at e wit hin t he meaning of t his Tit le when t hey are in such a st at e
t hat t he buyer would, under t he cont ract , be bound t o t ake delivery of t hem. (n)
ARTICLE 1637. The provisions of t his Tit le are subject t o t he rules laid down by t he Mort gage Law
and t he Land Regist rat ion Law wit h regard t o immovable propert y. (1537a) smmEim
TITLE VII
Bart er or Exchange
ARTICLE 1638. By t he cont ract of bart er or exchange one of t he part ies binds himself t o give one
t hing in considerat ion of t he ot hers promise t o give anot her t hing. (1538a)
ARTICLE 1639. If one of t he cont ract ing part ies, having received t he t hing promised him in bart er,
should prove t hat it did not belong t o t he person who gave it , he cannot be compelled t o deliver
t hat which he of f ered in exchange, but he shall be ent it led t o damages. (1539a)
ARTICLE 1640. One who loses by evict ion t he t hing received in bart er may recover t hat which he
gave in exchange wit h a right t o damages, or he may only demand an indemnit y f or damages.
However, he can only make use of t he right t o recover t he t hing which he has delivered while t he
same remains in t he possession of t he ot her part y, and wit hout prejudice t o t he right s acquired in
good f ait h in t he meant ime by a t hird person. (1540a)
ARTICLE 1641. As t o all mat t ers not specif ically provided f or in t his Tit le, bart er shall be governed
by t he provisions of t he preceding Tit le relat ing t o sales. (1541a)
TITLE VIII
Lease
CHAPTER 1
General Provisions
ARTICLE 1642. The cont ract of lease may be of t hings, or of work and service. (1542)
ARTICLE 1643. In t he lease of t hings, one of t he part ies binds himself t o give t o anot her t he
enjoyment or use of a t hing f or a price cert ain, and f or a period which may be def init e or indef init e.
However, no lease f or more t han ninet y-nine years shall be valid. (1543a)
ARTICLE 1644. In t he lease of work or service, one of t he part ies binds himself t o execut e a piece
of work or t o render t o t he ot her some service f or a price cert ain, but t he relat ion of principal and
agent does not exist bet ween t hem. (1544a)
ARTICLE 1645. Consumable goods cannot be t he subject mat t er of a cont ract of lease, except
when t hey are merely t o be exhibit ed or when t hey are accessory t o an indust rial est ablishment .
(1545a)
CHAPTER 2
Lease of Rural and Urban Lands
SECTION 1
General Provisions
ARTICLE 1646. The persons disqualif ied t o buy ref erred t o in art icles 1490 and 1491, are also
disqualif ied t o become lessees of t he t hings ment ioned t herein. (n)
ARTICLE 1647. If a lease is t o be recorded in t he Regist ry of Propert y, t he f ollowing persons
cannot const it ut e t he same wit hout proper aut horit y: t he husband wit h respect t o t he wif es
paraphernal real est at e, t he f at her or guardian as t o t he propert y of t he minor or ward, and t he
manager wit hout special power. (1548a)
ARTICLE 1648. Every lease of real est at e may be recorded in t he Regist ry of Propert y. Unless a
lease is recorded, it shall not be binding upon t hird persons. (1549a)
ARTICLE 1649. The lessee cannot assign t he lease wit hout t he consent of t he lessor, unless t here
is a st ipulat ion t o t he cont rary. (n)
ARTICLE 1650. When in t he cont ract of lease of t hings t here is no express prohibit ion, t he lessee
may sublet t he t hing leased, in whole or in part , wit hout prejudice t o his responsibilit y f or t he
perf ormance of t he cont ract t oward t he lessor. (1550)
ARTICLE 1651. Wit hout prejudice t o his obligat ion t oward t he sublessor, t he sublessee is bound t o
t he lessor f or all act s which ref er t o t he use and preservat ion of t he t hing leased in t he manner
st ipulat ed bet ween t he lessor and t he lessee. (1551)
ARTICLE 1652. The sublessee is subsidiarily liable t o t he lessor f or any rent due f rom t he lessee.
However, t he sublessee shall not be responsible beyond t he amount of rent due f rom him, in
accordance wit h t he t erms of t he sublease, at t he t ime of t he ext ra-judicial demand by t he lessor.
Payment s of rent in advance by t he sublessee shall be deemed not t o have been made, so f ar as
t he lessors claim is concerned, unless said payment s were ef f ect ed in virt ue of t he cust om of t he
place. (1552a)
ARTICLE 1653. The provisions governing warrant y, cont ained in t he Tit le on Sales, shall be
applicable t o t he cont ract of lease.
In t he cases where t he ret urn of t he price is required, reduct ion shall be made in proport ion t o t he
t ime during which t he lessee enjoyed t he t hing. (1553)
SECTION 2
Right s and Obligat ions of t he Lessor and t he Lessee
ARTICLE 1654. The lessor is obliged:
(1) To deliver t he t hing which is t he object of t he cont ract in such a condit ion as t o render it f it f or
t he use int ended;
(2) To make on t he same during t he lease all t he necessary repairs in order t o keep it suit able f or
t he use t o which it has been devot ed, unless t here is a st ipulat ion t o t he cont rary;
(3) To maint ain t he lessee in t he peacef ul and adequat e enjoyment of t he lease f or t he ent ire
durat ion of t he cont ract . (1554a)
ARTICLE 1655. If t he t hing leased is t ot ally dest royed by a f ort uit ous event , t he lease is
ext inguished. If t he dest ruct ion is part ial, t he lessee may choose bet ween a proport ional reduct ion
of t he rent and a rescission of t he lease. (n)
ARTICLE 1656. The lessor of a business or indust rial est ablishment may cont inue engaging in t he
same business or indust ry t o which t he lessee devot es t he t hing leased, unless t here is a
st ipulat ion t o t he cont rary. (n)
ARTICLE 1657. The lessee is obliged:
(1) To pay t he price of t he lease according t o t he t erms st ipulat ed;
(2) To use t he t hing leased as a diligent f at her of a f amily, devot ing it t o t he use st ipulat ed; and in
t he absence of st ipulat ion, t o t hat which may be inf erred f rom t he nat ure of t he t hing leased,
according t o t he cust om of t he place;
(3) To pay t he expenses f or t he deed of lease. (1555)
ARTICLE 1658. The lessee may suspend t he payment of t he rent in case t he lessor f ails t o make
t he necessary repairs or t o maint ain t he lessee in peacef ul and adequat e enjoyment of t he
propert y leased. (n)
ARTICLE 1659. If t he lessor or t he lessee should not comply wit h t he obligat ions set f ort h in
art icles 1654 and 1657, t he aggrieved part y may ask f or t he rescission of t he cont ract and
indemnif icat ion f or damages, or only t he lat t er, allowing t he cont ract t o remain in f orce. (1556)
ARTICLE 1660. If a dwelling place or any ot her building int ended f or human habit at ion is in such a
condit ion t hat it s use brings imminent and serious danger t o lif e or healt h, t he lessee may
t erminat e t he lease at once by not if ying t he lessor, even if at t he t ime t he cont ract was perf ect ed
t he f ormer knew of t he dangerous condit ion or waived t he right t o rescind t he lease on account of
t his condit ion. (n)
ARTICLE 1661. The lessor cannot alt er t he f orm of t he t hing leased in such a way as t o impair t he
use t o which t he t hing is devot ed under t he t erms of t he lease. (1557a)
ARTICLE 1662. If during t he lease it should become necessary t o make some urgent repairs upon
t he t hing leased, which cannot be def erred unt il t he t erminat ion of t he lease, t he lessee is obliged
t o t olerat e t he work, alt hough it may be very annoying t o him, and alt hough during t he same, he
may be deprived of a part of t he premises.
If t he repairs last more t han f ort y days t he rent shall be reduced in proport ion t o t he t ime
including t he f irst f ort y days and t he part of t he propert y of which t he lessee has been deprived.
When t he work is of such a nat ure t hat t he port ion which t he lessee and his f amily need f or t heir
dwelling becomes uninhabit able, he may rescind t he cont ract if t he main purpose of t he lease is t o
provide a dwelling place f or t he lessee. (1558a)
ARTICLE 1663. The lessee is obliged t o bring t o t he knowledge of t he propriet or, wit hin t he
short est possible t ime, every usurpat ion or unt oward act which any t hird person may have
commit t ed or may be openly preparing t o carry out upon t he t hing leased.
He is also obliged t o advise t he owner, wit h t he same urgency, of t he need of all repairs included in
No. 2 of art icle 1654.
In bot h cases t he lessee shall be liable f or t he damages which, t hrough his negligence, may be
suf f ered by t he propriet or.
If t he lessor f ails t o make urgent repairs, t he lessee, in order t o avoid an imminent danger, may
order t he repairs at t he lessors cost . (1559a)
ARTICLE 1664. The lessor is not obliged t o answer f or a mere act of t respass which a t hird person
may cause on t he use of t he t hing leased; but t he lessee shall have a direct act ion against t he
int ruder.
There is a mere act of t respass when t he t hird person claims no right what ever. (1560a)
ARTICLE 1665. The lessee shall ret urn t he t hing leased upon t he t erminat ion of t he lease, as he
received it , save what has been lost or impaired by t he lapse of t ime, or by ordinary wear and t ear,
or f rom an inevit able cause. (1561a)
ARTICLE 1666. In t he absence of a st at ement concerning t he condit ion of t he t hing at t he t ime
t he lease was const it ut ed, t he law presumes t hat t he lessee received it in good condit ion, unless
t here is proof t o t he cont rary. (1562)
ARTICLE 1667. The lessee is responsible f or t he det eriorat ion or loss of t he t hing leased, unless
he proves t hat it t ook place wit hout his f ault . This burden of proof on t he lessee does not apply
when t he dest ruct ion is due t o eart hquake, f lood, st orm or ot her nat ural calamit y. (1563a)
ARTICLE 1668. The lessee is liable f or any det eriorat ion caused by members of his household and
by guest s and visit ors. (1564a)
ARTICLE 1669. If t he lease was made f or a det erminat e t ime, it ceases upon t he day f ixed, wit hout
t he need of a demand. (1565)
ARTICLE 1670. If at t he end of t he cont ract t he lessee should cont inue enjoying t he t hing leased
f or f if t een days wit h t he acquiescence of t he lessor, and unless a not ice t o t he cont rary by eit her
part y has previously been given, it is underst ood t hat t here is an implied new lease, not f or t he
period of t he original cont ract , but f or t he t ime est ablished in art icles 1682 and 1687. The ot her
t erms of t he original cont ract shall be revived. (1566a)
ARTICLE 1671. If t he lessee cont inues enjoying t he t hing af t er t he expirat ion of t he cont ract , over
t he lessors object ion, t he f ormer shall be subject t o t he responsibilit ies of a possessor in bad
f ait h. (n)
ARTICLE 1672. In case of an implied new lease, t he obligat ions cont ract ed by a t hird person f or
t he securit y of t he principal cont ract shall cease wit h respect t o t he new lease. (1567)
ARTICLE 1673. The lessor may judicially eject t he lessee f or any of t he f ollowing causes:
(1) When t he period agreed upon, or t hat which is f ixed f or t he durat ion of leases under art icles
1682 and 1687, has expired;
(2) Lack of payment of t he price st ipulat ed;
(3) Violat ion of any of t he condit ions agreed upon in t he cont ract ;
(4) When t he lessee devot es t he t hing leased t o any use or service not st ipulat ed which causes
t he det eriorat ion t hereof ; or if he does not observe t he requirement in No. 2 of art icle 1657, as
regards t he use t hereof .
The eject ment of t enant s of agricult ural lands is governed by special laws. (1569a)
ARTICLE 1674. In eject ment cases where an appeal is t aken, t he remedy grant ed in art icle 539,
second paragraph, shall also apply, if t he higher court is sat isf ied t hat t he lessees appeal is
f rivolous or dilat ory, or t hat t he lessors appeal is prima f acie merit orious. The period of t en days
ref erred t o in said art icle shall be count ed f rom t he t ime t he appeal is perf ect ed. (n)
ARTICLE 1675. Except in cases st at ed in art icle 1673, t he lessee shall have a right t o make use of
t he periods est ablished in art icles 1682 and 1687. (1570)
ARTICLE 1676. The purchaser of a piece of land which is under a lease t hat is not recorded in t he
Regist ry of Propert y may t erminat e t he lease, save when t here is a st ipulat ion t o t he cont rary in
t he cont ract of sale, or when t he purchaser knows of t he exist ence of t he lease.
If t he buyer makes use of t his right , t he lessee may demand t hat he be allowed t o gat her t he f ruit s
of t he harvest which corresponds t o t he current agricult ural year and t hat t he vendor indemnif y
him f or damages suf f ered.
If t he sale is f ict it ious, f or t he purpose of ext inguishing t he lease, t he supposed vendee cannot
make use of t he right grant ed in t he f irst paragraph of t his art icle. The sale is presumed t o be
f ict it ious if at t he t ime t he supposed vendee demands t he t erminat ion of t he lease, t he sale is not
recorded in t he Regist ry of Propert y. (1571a)
ARTICLE 1677. The purchaser in a sale wit h t he right of redempt ion cannot make use of t he power
t o eject t he lessee unt il t he end of t he period f or t he redempt ion. (1572)
ARTICLE 1678. If t he lessee makes, in good f ait h, usef ul improvement s which are suit able t o t he
use f or which t he lease is int ended, wit hout alt ering t he f orm or subst ance of t he propert y leased,
t he lessor upon t he t erminat ion of t he lease shall pay t he lessee one-half of t he value of t he
improvement s at t hat t ime. Should t he lessor ref use t o reimburse said amount , t he lessee may
remove t he improvement s, even t hough t he principal t hing may suf f er damage t hereby. He shall
not , however, cause any more impairment upon t he propert y leased t han is necessary.
Wit h regard t o ornament al expenses, t he lessee shall not be ent it led t o any reimbursement , but he
may remove t he ornament al object s, provided no damage is caused t o t he principal t hing, and t he
lessor does not choose t o ret ain t hem by paying t heir value at t he t ime t he lease is ext inguished.
(n)
ARTICLE 1679. If not hing has been st ipulat ed concerning t he place and t he t ime f or t he payment
of t he lease, t he provisions of art icle 1251 shall be observed as regards t he place; and wit h respect
t o t he t ime, t he cust om of t he place shall be f ollowed. (1574)
SECTION 3
Special Provisions f or Leases of Rural Lands
ARTICLE 1680. The lessee shall have no right t o a reduct ion of t he rent on account of t he st erilit y
of t he land leased, or by reason of t he loss of f ruit s due t o ordinary f ort uit ous event s; but he shall
have such right in case of t he loss of more t han one-half of t he f ruit s t hrough ext raordinary and
unf oreseen f ort uit ous event s, save always when t here is a specif ic st ipulat ion t o t he cont rary.
Ext raordinary f ort uit ous event s are underst ood t o be: f ire, war, pest ilence, unusual f lood, locust s,
eart hquake, or ot hers which are uncommon, and which t he cont ract ing part ies could not have
reasonably f oreseen. (1575)
ARTICLE 1681. Neit her does t he lessee have any right t o a reduct ion of t he rent if t he f ruit s are
lost af t er t hey have been separat ed f rom t heir st alk, root or t runk. (1576)
ARTICLE 1682. The lease of a piece of rural land, when it s durat ion has not been f ixed, is
underst ood t o have been f or all t he t ime necessary f or t he gat hering of t he f ruit s which t he whole
est at e leased may yield in one year, or which it may yield once, alt hough t wo or more years may
have t o elapse f or t he purpose. (1577a)
ARTICLE 1683. The out going lessee shall allow t he incoming lessee or t he lessor t he use of t he
premises and ot her means necessary f or t he preparat ory labor f or t he f ollowing year; and,
reciprocally, t he incoming lessee or t he lessor is under obligat ion t o permit t he out going lessee t o
do what ever may be necessary f or t he gat hering or harvest ing and ut ilizat ion of t he f ruit s, all in
accordance wit h t he cust om of t he place. (1578a)
ARTICLE 1684. Land t enancy on shares shall be governed by special laws, t he st ipulat ions of t he
part ies, t he provisions on part nership and by t he cust oms of t he place. (1579a)
ARTICLE 1685. The t enant on shares cannot be eject ed except in cases specif ied by law. (n)
SECTION 4
Special Provisions f or t he Lease of Urban Lands
ARTICLE 1686. In def ault of a special st ipulat ion, t he cust om of t he place shall be observed wit h
regard t o t he kind of repairs on urban propert y f or which t he lessor shall be liable. In case of doubt
it is underst ood t hat t he repairs are chargeable against him. (1580a)
ARTICLE 1687. If t he period f or t he lease has not been f ixed, it is underst ood t o be f rom year t o
year, if t he rent agreed upon is annual; f rom mont h t o mont h, if it is mont hly; f rom week t o week, if
t he rent is weekly; and f rom day t o day, if t he rent is t o be paid daily. However, even t hough a
mont hly rent is paid, and no period f or t he lease has been set , t he court s may f ix a longer t erm f or
t he lease af t er t he lessee has occupied t he premises f or over one year. If t he rent is weekly, t he
court s may likewise det ermine a longer period af t er t he lessee has been in possession f or over six
mont hs. In case of daily rent , t he court s may also f ix a longer period af t er t he lessee has st ayed in
t he place f or over one mont h. (1581a)
ARTICLE 1688. When t he lessor of a house, or part t hereof , used as a dwelling f or a f amily, or
when t he lessor of a st ore, or indust rial est ablishment , also leases t he f urnit ure, t he lease of t he
lat t er shall be deemed t o be f or t he durat ion of t he lease of t he premises. (1582)
CHAPTER 3
Work and Labor
SECTION 1
Household Service (n)
ARTICLE 1689. Household service shall always be reasonably compensat ed. Any st ipulat ion t hat
household service is wit hout compensat ion shall be void. Such compensat ion shall be in addit ion
t o t he house helpers lodging, f ood, and medical at t endance.
ARTICLE 1690. The head of t he f amily shall f urnish, f ree of charge, t o t he house helper, suit able
and sanit ary quart ers as well as adequat e f ood and medical at t endance.
ARTICLE 1691. If t he house helper is under t he age of eight een years, t he head of t he f amily shall
give an opport unit y t o t he house helper f or at least element ary educat ion. The cost of such
educat ion shall be a part of t he house helpers compensat ion, unless t here is a st ipulat ion t o t he
cont rary.
ARTICLE 1692. No cont ract f or household service shall last f or more t han t wo years. However,
such cont ract may be renewed f rom year t o year.
ARTICLE 1693. The house helpers clot hes shall be subject t o st ipulat ion. However, any cont ract
f or household service shall be void if t hereby t he house helper cannot af f ord t o acquire suit able
clot hing.
ARTICLE 1694. The head of t he f amily shall t reat t he house helper in a just and humane manner. In
no case shall physical violence be used upon t he house helper.
ARTICLE 1695. House helpers shall not be required t o work more t han t en hours a day. Every
house helper shall be allowed f our days vacat ion each mont h, wit h pay.
ARTICLE 1696. In case of deat h of t he house helper, t he head of t he f amily shall bear t he f uneral
expenses if t he house helper has no relat ives in t he place where t he head of t he f amily lives, wit h
suf f icient means t heref or.
ARTICLE 1697. If t he period f or household service is f ixed, neit her t he head of t he f amily nor t he
house helper may t erminat e t he cont ract bef ore t he expirat ion of t he t erm, except f or a just
cause. If t he house helper is unjust ly dismissed, he shall be paid t he compensat ion already earned
plus t hat f or f if t een days by way of indemnit y. If t he house helper leaves wit hout just if iable reason,
he shall f orf eit any salary due him and unpaid, f or not exceeding f if t een days.
ARTICLE 1698. If t he durat ion of t he household service is not det ermined eit her by st ipulat ion or
by t he nat ure of t he service, t he head of t he f amily or t he house helper may give not ice t o put an
end t o t he service relat ion, according t o t he f ollowing rules:
(1) If t he compensat ion is paid by t he day, not ice may be given on any day t hat t he service shall
end at t he close of t he f ollowing day;
(2) If t he compensat ion is paid by t he week, not ice may be given, at t he lat est , on t he f irst
business day of t he week, t hat t he service shall be t erminat ed at t he end of t he sevent h day f rom
t he beginning of t he week;
(3) If t he compensat ion is paid by t he mont h, not ice may be given, at t he lat est , on t he f if t h day of
t he mont h, t hat t he service shall cease at t he end of t he mont h.
ARTICLE 1699. Upon t he ext inguishment of t he service relat ion, t he house helper may demand
f rom t he head of t he f amily a writ t en st at ement on t he nat ure and durat ion of t he service and t he
ef f iciency and conduct of t he house helper.
SECTION 2
Cont ract of Labor (n)
ARTICLE 1700. The relat ions bet ween capit al and labor are not merely cont ract ual. They are so
impressed wit h public int erest t hat labor cont ract s must yield t o t he common good. Theref ore,
such cont ract s are subject t o t he special laws on labor unions, collect ive bargaining, st rikes and
lockout s, closed shop, wages, working condit ions, hours of labor and similar subject s.
ARTICLE 1701. Neit her capit al nor labor shall act oppressively against t he ot her, or impair t he
int erest or convenience of t he public.
ARTICLE 1702. In case of doubt , all labor legislat ion and all labor cont ract s shall be const rued in
f avor of t he saf et y and decent living f or t he laborer.
ARTICLE 1703. No cont ract which pract ically amount s t o involunt ary servit ude, under any guise
what soever, shall be valid.
ARTICLE 1704. In collect ive bargaining, t he labor union or members of t he board or commit t ee
signing t he cont ract shall be liable f or non-f ulf illment t hereof .
ARTICLE 1705. The laborers wages shall be paid in legal currency.
ARTICLE 1706. Wit hholding of t he wages, except f or a debt due, shall not be made by t he
employer.
ARTICLE 1707. The laborers wages shall be a lien on t he goods manuf act ured or t he work done.
ARTICLE 1708. The laborers wages shall not be subject t o execut ion or at t achment , except f or
debt s incurred f or f ood, shelt er, clot hing and medical at t endance.
ARTICLE 1709. The employer shall neit her seize nor ret ain any t ool or ot her art icles belonging t o
t he laborer.
ARTICLE 1710. Dismissal of laborers shall be subject t o t he supervision of t he Government , under
special laws.
ARTICLE 1711. Owners of ent erprises and ot her employers are obliged t o pay compensat ion f or
t he deat h of or injuries t o t heir laborers, workmen, mechanics or ot her employees, even t hough
t he event may have been purely accident al or ent irely due t o a f ort uit ous cause, if t he deat h or
personal injury arose out of and in t he course of t he employment . The employer is also liable f or
compensat ion if t he employee cont ract s any illness or disease caused by such employment or as
t he result of t he nat ure of t he employment . If t he mishap was due t o t he employees own
not orious negligence, or volunt ary act , or drunkenness, t he employer shall not be liable f or
compensat ion. When t he employees lack of due care cont ribut ed t o his deat h or injury, t he
compensat ion shall be equit ably reduced.
ARTICLE 1712. If t he deat h or injury is due t o t he negligence of a f ellow worker, t he lat t er and t he
employer shall be solidarily liable f or compensat ion. If a f ellow workers int ent ional or malicious act
is t he only cause of t he deat h or injury, t he employer shall not be answerable, unless it should be
shown t hat t he lat t er did not exercise due diligence in t he select ion or supervision of t he plaint if f s
f ellow worker.
SECTION 3
Cont ract f or a Piece of Work
ARTICLE 1713. By t he cont ract f or a piece of work t he cont ract or binds himself t o execut e a piece
of work f or t he employer, in considerat ion of a cert ain price or compensat ion. The cont ract or may
eit her employ only his labor or skill, or also f urnish t he mat erial. (1588a)
ARTICLE 1714. If t he cont ract or agrees t o produce t he work f rom mat erial f urnished by him, he
shall deliver t he t hing produced t o t he employer and t ransf er dominion over t he t hing. This
cont ract shall be governed by t he f ollowing art icles as well as by t he pert inent provisions on
warrant y of t it le and against hidden def ect s and t he payment of price in a cont ract of sale. (n)
ARTICLE 1715. The cont ract or shall execut e t he work in such a manner t hat it has t he qualit ies
agreed upon and has no def ect s which dest roy or lessen it s value or f it ness f or it s ordinary or
st ipulat ed use. Should t he work be not of such qualit y, t he employer may require t hat t he
cont ract or remove t he def ect or execut e anot her work. If t he cont ract or f ails or ref uses t o comply
wit h t his obligat ion, t he employer may have t he def ect removed or anot her work execut ed, at t he
cont ract ors cost . (n)
ARTICLE 1716. An agreement waiving or limit ing t he cont ract ors liabilit y f or any def ect in t he work
is void if t he cont ract or act ed f raudulent ly. (n)
ARTICLE 1717. If t he cont ract or bound himself t o f urnish t he mat erial, he shall suf f er t he loss if t he
work should be dest royed bef ore it s delivery, save when t here has been delay in receiving it . (1589)
ARTICLE 1718. The cont ract or who has undert aken t o put only his work or skill, cannot claim any
compensat ion if t he work should be dest royed bef ore it s delivery, unless t here has been delay in
receiving it , or if t he dest ruct ion was caused by t he poor qualit y of t he mat erial, provided t his f act
was communicat ed in due t ime t o t he owner. If t he mat erial is lost t hrough a f ort uit ous event , t he
cont ract is ext inguished. (1590a)
ARTICLE 1719. Accept ance of t he work by t he employer relieves t he cont ract or of liabilit y f or any
def ect in t he work, unless:
(1) The def ect is hidden and t he employer is not , by his special knowledge, expect ed t o recognize
t he same; or
(2) The employer expressly reserves his right s against t he cont ract or by reason of t he def ect . (n)
ARTICLE 1720. The price or compensat ion shall be paid at t he t ime and place of delivery of t he
work, unless t here is a st ipulat ion t o t he cont rary. If t he work is t o be delivered part ially, t he price or
compensat ion f or each part having been f ixed, t he sum shall be paid at t he t ime and place of
delivery, in t he absence of st ipulat ion. (n)
ARTICLE 1721. If , in t he execut ion of t he work, an act of t he employer is required, and he incurs in
delay or f ails t o perf orm t he act , t he cont ract or is ent it led t o a reasonable compensat ion.
The amount of t he compensat ion is comput ed, on t he one hand, by t he durat ion of t he delay and
t he amount of t he compensat ion st ipulat ed, and on t he ot her hand, by what t he cont ract or has
saved in expenses by reason of t he delay, or is able t o earn by a dif f erent employment of his t ime
and indust ry. (n)
ARTICLE 1722. If t he work cannot be complet ed on account of a def ect in t he mat erial f urnished
by t he employer, or because of orders f rom t he employer, wit hout any f ault on t he part of t he
cont ract or, t he lat t er has a right t o an equit able part of t he compensat ion proport ionally t o t he
work done, and reimbursement f or proper expenses made. (n)
ARTICLE 1723. The engineer or archit ect who drew up t he plans and specif icat ions f or a building is
liable f or damages if wit hin f if t een years f rom t he complet ion of t he st ruct ure, t he same should
collapse by reason of a def ect in t hose plans and specif icat ions, or due t o t he def ect s in t he
ground. The cont ract or is likewise responsible f or t he damages if t he edif ice f alls, wit hin t he same
period, on account of def ect s in t he const ruct ion or t he use of mat erials of inf erior qualit y
f urnished by him, or due t o any violat ion of t he t erms of t he cont ract . If t he engineer or archit ect
supervises t he const ruct ion, he shall be solidarily liable wit h t he cont ract or.
Accept ance of t he building, af t er complet ion, does not imply waiver of any of t he causes of act ion
by reason of any def ect ment ioned in t he preceding paragraph.
The act ion must be brought wit hin t en years f ollowing t he collapse of t he building. (n)
ARTICLE 1724. The cont ract or who undert akes t o build a st ruct ure or any ot her work f or a
st ipulat ed price, in conf ormit y wit h plans and specif icat ions agreed upon wit h t he land-owner, can
neit her wit hdraw f rom t he cont ract nor demand an increase in t he price on account of t he higher
cost of labor or mat erials, save when t here has been a change in t he plans and specif icat ions,
provided: EaEmmw
(1) Such change has been aut horized by t he propriet or in writ ing; and
(2) The addit ional price t o be paid t o t he cont ract or has been det ermined in writ ing by bot h part ies.
(1593a)
ARTICLE 1725. The owner may wit hdraw at will f rom t he const ruct ion of t he work, alt hough it may
have been commenced, indemnif ying t he cont ract or f or all t he lat t ers expenses, work, and t he
usef ulness which t he owner may obt ain t heref rom, and damages. (1594a)
ARTICLE 1726. When a piece of work has been ent rust ed t o a person by reason of his personal
qualif icat ions, t he cont ract is rescinded upon his deat h.
In t his case t he propriet or shall pay t he heirs of t he cont ract or in proport ion t o t he price agreed
upon, t he value of t he part of t he work done, and of t he mat erials prepared, provided t he lat t er
yield him some benef it .
The same rule shall apply if t he cont ract or cannot f inish t he work due t o circumst ances beyond his
cont rol. (1595)
ARTICLE 1727. The cont ract or is responsible f or t he work done by persons employed by him.
(1596)
ARTICLE 1728. The cont ract or is liable f or all t he claims of laborers and ot hers employed by him,
and of t hird persons f or deat h or physical injuries during t he const ruct ion. (n)
ARTICLE 1729. Those who put t heir labor upon or f urnish mat erials f or a piece of work undert aken
by t he cont ract or have an act ion against t he owner up t o t he amount owing f rom t he lat t er t o t he
cont ract or at t he t ime t he claim is made. However, t he f ollowing shall not prejudice t he laborers,
employees and f urnishers of mat erials:
(1) Payment s made by t he owner t o t he cont ract or bef ore t hey are due;
(2) Renunciat ion by t he cont ract or of any amount due him f rom t he owner.
This art icle is subject t o t he provisions of special laws. (1597a)
ARTICLE 1730. If it is agreed t hat t he work shall be accomplished t o t he sat isf act ion of t he
propriet or, it is underst ood t hat in case of disagreement t he quest ion shall be subject t o expert
judgment . mdmiri
If t he work is subject t o t he approval of a t hird person, his decision shall be f inal, except in case of
f raud or manif est error. (1598a)
ARTICLE 1731. He who has execut ed work upon a movable has a right t o ret ain it by way of
pledge unt il he is paid. (1600)
SECTION 4
Common Carriers (n)
SUBSECTION 1
General Provisions
ARTICLE 1732. Common carriers are persons, corporat ions, f irms or associat ions engaged in t he
business of carrying or t ransport ing passengers or goods or bot h, by land, wat er, or air, f or
compensat ion, of f ering t heir services t o t he public.
ARTICLE 1733. Common carriers, f rom t he nat ure of t heir business and f or reasons of public
policy, are bound t o observe ext raordinary diligence in t he vigilance over t he goods and f or t he
saf et y of t he passengers t ransport ed by t hem, according t o all t he circumst ances of each case.
Such ext raordinary diligence in t he vigilance over t he goods is f urt her expressed in art icles 1734,
1735, and 1745, Nos. 5, 6, and 7, while t he ext raordinary diligence f or t he saf et y of t he passengers
is f urt her set f ort h in art icles 1755 and 1756.
SUBSECTION 2
Vigilance Over Goods
ARTICLE 1734. Common carriers are responsible f or t he loss, dest ruct ion, or det eriorat ion of t he
goods, unless t he same is due t o any of t he f ollowing causes only:
(1) Flood, st orm, eart hquake, light ning, or ot her nat ural disast er or calamit y;
(2) Act of t he public enemy in war, whet her int ernat ional or civil;
(3) Act or omission of t he shipper or owner of t he goods;
(4) The charact er of t he goods or def ect s in t he packing or in t he cont ainers;
(5) Order or act of compet ent public aut horit y.
ARTICLE 1735. In all cases ot her t han t hose ment ioned in Nos. 1, 2, 3, 4, and 5 of t he preceding
art icle, if t he goods are lost , dest royed or det eriorat ed, common carriers are presumed t o have
been at f ault or t o have act ed negligent ly, unless t hey prove t hat t hey observed ext raordinary
diligence as required in art icle 1733.
ARTICLE 1736. The ext raordinary responsibilit y of t he common carrier last s f rom t he t ime t he
goods are uncondit ionally placed in t he possession of , and received by t he carrier f or
t ransport at ion unt il t he same are delivered, act ually or const ruct ively, by t he carrier t o t he
consignee, or t o t he person who has a right t o receive t hem, wit hout prejudice t o t he provisions of
art icle 1738.
ARTICLE 1737. The common carriers dut y t o observe ext raordinary diligence in t he vigilance over
t he goods remains in f ull f orce and ef f ect even when t hey are t emporarily unloaded or st ored in
t ransit , unless t he shipper or owner has made use of t he right of st oppage in t ransit u.
ARTICLE 1738. The ext raordinary liabilit y of t he common carrier cont inues t o be operat ive even
during t he t ime t he goods are st ored in a warehouse of t he carrier at t he place of dest inat ion, unt il
t he consignee has been advised of t he arrival of t he goods and has had reasonable opport unit y
t hereaf t er t o remove t hem or ot herwise dispose of t hem.
ARTICLE 1739. In order t hat t he common carrier may be exempt ed f rom responsibilit y, t he nat ural
disast er must have been t he proximat e and only cause of t he loss. However, t he common carrier
must exercise due diligence t o prevent or minimize loss bef ore, during and af t er t he occurrence of
f lood, st orm or ot her nat ural disast er in order t hat t he common carrier may be exempt ed f rom
liabilit y f or t he loss, dest ruct ion, or det eriorat ion of t he goods. The same dut y is incumbent upon
t he common carrier in case of an act of t he public enemy ref erred t o in art icle 1734, No. 2.
ARTICLE 1740. If t he common carrier negligent ly incurs in delay in t ransport ing t he goods, a nat ural
disast er shall not f ree such carrier f rom responsibilit y.
ARTICLE 1741. If t he shipper or owner merely cont ribut ed t o t he loss, dest ruct ion or det eriorat ion
of t he goods, t he proximat e cause t hereof being t he negligence of t he common carrier, t he lat t er
shall be liable in damages, which however, shall be equit ably reduced.
ARTICLE 1742. Even if t he loss, dest ruct ion, or det eriorat ion of t he goods should be caused by
t he charact er of t he goods, or t he f ault y nat ure of t he packing or of t he cont ainers, t he common
carrier must exercise due diligence t o f orest all or lessen t he loss.
ARTICLE 1743. If t hrough t he order of public aut horit y t he goods are seized or dest royed, t he
common carrier is not responsible, provided said public aut horit y had power t o issue t he order.
ARTICLE 1744. A st ipulat ion bet ween t he common carrier and t he shipper or owner limit ing t he
liabilit y of t he f ormer f or t he loss, dest ruct ion, or det eriorat ion of t he goods t o a degree less t han
ext raordinary diligence shall be valid, provided it be:
(1) In writ ing, signed by t he shipper or owner;
(2) Support ed by a valuable considerat ion ot her t han t he service rendered by t he common carrier;
and
(3) Reasonable, just and not cont rary t o public policy.
ARTICLE 1745. Any of t he f ollowing or similar st ipulat ions shall be considered unreasonable, unjust
and cont rary t o public policy:
(1) That t he goods are t ransport ed at t he risk of t he owner or shipper;
(2) That t he common carrier will not be liable f or any loss, dest ruct ion, or det eriorat ion of t he
goods;
(3) That t he common carrier need not observe any diligence in t he cust ody of t he goods;
(4) That t he common carrier shall exercise a degree of diligence less t han t hat of a good f at her of
a f amily, or of a man of ordinary prudence in t he vigilance over t he movables t ransport ed;
(5) That t he common carrier shall not be responsible f or t he act s or omission of his or it s
employees;
(6) That t he common carriers liabilit y f or act s commit t ed by t hieves, or of robbers who do not act
wit h grave or irresist ible t hreat , violence or f orce, is dispensed wit h or diminished;
(7) That t he common carrier is not responsible f or t he loss, dest ruct ion, or det eriorat ion of goods
on account of t he def ect ive condit ion of t he car, vehicle, ship, airplane or ot her equipment used in
t he cont ract of carriage.
ARTICLE 1746. An agreement limit ing t he common carriers liabilit y may be annulled by t he shipper
or owner if t he common carrier ref used t o carry t he goods unless t he f ormer agreed t o such
st ipulat ion.
ARTICLE 1747. If t he common carrier, wit hout just cause, delays t he t ransport at ion of t he goods
or changes t he st ipulat ed or usual rout e, t he cont ract limit ing t he common carriers liabilit y cannot
be availed of in case of t he loss, dest ruct ion, or det eriorat ion of t he goods.
ARTICLE 1748. An agreement limit ing t he common carriers liabilit y f or delay on account of st rikes
or riot s is valid.
ARTICLE 1749. A st ipulat ion t hat t he common carriers liabilit y is limit ed t o t he value of t he goods
appearing in t he bill of lading, unless t he shipper or owner declares a great er value, is binding.
ARTICLE 1750. A cont ract f ixing t he sum t hat may be recovered by t he owner or shipper f or t he
loss, dest ruct ion, or det eriorat ion of t he goods is valid, if it is reasonable and just under t he
circumst ances, and has been f airly and f reely agreed upon.
ARTICLE 1751. The f act t hat t he common carrier has no compet it or along t he line or rout e, or a
part t hereof , t o which t he cont ract ref ers shall be t aken int o considerat ion on t he quest ion of
whet her or not a st ipulat ion limit ing t he common carriers liabilit y is reasonable, just and in
consonance wit h public policy.
ARTICLE 1752. Even when t here is an agreement limit ing t he liabilit y of t he common carrier in t he
vigilance over t he goods, t he common carrier is disput ably presumed t o have been negligent in
case of t heir loss, dest ruct ion or det eriorat ion.
ARTICLE 1753. The law of t he count ry t o which t he goods are t o be t ransport ed shall govern t he
liabilit y of t he common carrier f or t heir loss, dest ruct ion or det eriorat ion.
ARTICLE 1754. The provisions of art icles 1733 t o 1753 shall apply t o t he passengers baggage
which is not in his personal cust ody or in t hat of his employee. As t o ot her baggage, t he rules in
art icles 1998 and 2000 t o 2003 concerning t he responsibilit y of hot el-keepers shall be applicable.
SUBSECTION 3
Saf et y of Passengers
ARTICLE 1755. A common carrier is bound t o carry t he passengers saf ely as f ar as human care
and f oresight can provide, using t he ut most diligence of very caut ious persons, wit h a due regard
f or all t he circumst ances.
ARTICLE 1756. In case of deat h of or injuries t o passengers, common carriers are presumed t o
have been at f ault or t o have act ed negligent ly, unless t hey prove t hat t hey observed
ext raordinary diligence as prescribed in art icles 1733 and 1755.
ARTICLE 1757. The responsibilit y of a common carrier f or t he saf et y of passengers as required in
art icles 1733 and 1755 cannot be dispensed wit h or lessened by st ipulat ion, by t he post ing of
not ices, by st at ement s on t icket s, or ot herwise.
ARTICLE 1758. When a passenger is carried grat uit ously, a st ipulat ion limit ing t he common carriers
liabilit y f or negligence is valid, but not f or wilf ul act s or gross negligence.
The reduct ion of f are does not just if y any limit at ion of t he common carriers liabilit y.
ARTICLE 1759. Common carriers are liable f or t he deat h of or injuries t o passengers t hrough t he
negligence or wilf ul act s of t he f ormers employees, alt hough such employees may have act ed
beyond t he scope of t heir aut horit y or in violat ion of t he orders of t he common carriers.
This liabilit y of t he common carriers does not cease upon proof t hat t hey exercised all t he
diligence of a good f at her of a f amily in t he select ion and supervision of t heir employees.
ARTICLE 1760. The common carriers responsibilit y prescribed in t he preceding art icle cannot be
eliminat ed or limit ed by st ipulat ion, by t he post ing of not ices, by st at ement s on t he t icket s or
ot herwise.
ARTICLE 1761. The passenger must observe t he diligence of a good f at her of a f amily t o avoid
injury t o himself .
ARTICLE 1762. The cont ribut ory negligence of t he passenger does not bar recovery of damages
f or his deat h or injuries, if t he proximat e cause t hereof is t he negligence of t he common carrier,
but t he amount of damages shall be equit ably reduced.
ARTICLE 1763. A common carrier is responsible f or injuries suf f ered by a passenger on account of
t he wilf ul act s or negligence of ot her passengers or of st rangers, if t he common carriers
employees t hrough t he exercise of t he diligence of a good f at her of a f amily could have prevent ed
or st opped t he act or omission.
SUBSECTION 4
Common Provisions
ARTICLE 1764. Damages in cases comprised in t his Sect ion shall be awarded in accordance wit h
Tit le XVIII of t his Book, concerning Damages. Art icle 2206 shall also apply t o t he deat h of a
passenger caused by t he breach of cont ract by a common carrier.
ARTICLE 1765. The Public Service Commission may, on it s own mot ion or on pet it ion of any
int erest ed part y, af t er due hearing, cancel t he cert if icat e of public convenience grant ed t o any
common carrier t hat repeat edly f ails t o comply wit h his or it s dut y t o observe ext raordinary
diligence as prescribed in t his Sect ion.
ARTICLE 1766. In all mat t ers not regulat ed by t his Code, t he right s and obligat ions of common
carriers shall be governed by t he Code of Commerce and by special laws.
TITLE IX
Part nership
CHAPTER 1
General Provisions
ARTICLE 1767. By t he cont ract of part nership t wo or more persons bind t hemselves t o cont ribut e
money, propert y, or indust ry t o a common f und, wit h t he int ent ion of dividing t he prof it s among
t hemselves.
Two or more persons may also f orm a part nership f or t he exercise of a prof ession. (1665a)
ARTICLE 1768. The part nership has a juridical personalit y separat e and dist inct f rom t hat of each
of t he part ners, even in case of f ailure t o comply wit h t he requirement s of art icle 1772, f irst
paragraph. (n)
ARTICLE 1769. In det ermining whet her a part nership exist s, t hese rules shall apply:
(1) Except as provided by art icle 1825, persons who are not part ners as t o each ot her are not
part ners as t o t hird persons;
(2) Co-ownership or co-possession does not of it self est ablish a part nership, whet her such co-
owners or co-possessors do or do not share any prof it s made by t he use of t he propert y;
(3) The sharing of gross ret urns does not of it self est ablish a part nership, whet her or not t he
persons sharing t hem have a joint or common right or int erest in any propert y f rom which t he
ret urns are derived;
(4) The receipt by a person of a share of t he prof it s of a business is prima f acie evidence t hat he is
a part ner in t he business, but no such inf erence shall be drawn if such prof it s were received in
payment :
(a) As a debt by inst allment s or ot herwise;
(b) As wages of an employee or rent t o a landlord;
(c) As an annuit y t o a widow or represent at ive of a deceased part ner;
(d) As int erest on a loan, t hough t he amount of payment vary wit h t he prof it s of t he business;
(e) As t he considerat ion f or t he sale of a goodwill of a business or ot her propert y by inst allment s
or ot herwise. (n)
ARTICLE 1770. A part nership must have a lawf ul object or purpose, and must be est ablished f or
t he common benef it or int erest of t he part ners.
When an unlawf ul part nership is dissolved by a judicial decree, t he prof it s shall be conf iscat ed in
f avor of t he St at e, wit hout prejudice t o t he provisions of t he Penal Code governing t he
conf iscat ion of t he inst rument s and ef f ect s of a crime. (1666a)
ARTICLE 1771. A part nership may be const it ut ed in any f orm, except where immovable propert y or
real right s are cont ribut ed t heret o, in which case a public inst rument shall be necessary. (1667a)
ARTICLE 1772. Every cont ract of part nership having a capit al of t hree t housand pesos or more, in
money or propert y, shall appear in a public inst rument , which must be recorded in t he Of f ice of t he
Securit ies and Exchange Commission.
Failure t o comply wit h t he requirement s of t he preceding paragraph shall not af f ect t he liabilit y of
t he part nership and t he members t hereof t o t hird persons. (n)
ARTICLE 1773. A cont ract of part nership is void, whenever immovable propert y is cont ribut ed
t heret o, if an invent ory of said propert y is not made, signed by t he part ies, and at t ached t o t he
public inst rument . (1668a)
ARTICLE 1774. Any immovable propert y or an int erest t herein may be acquired in t he part nership
name. Tit le so acquired can be conveyed only in t he part nership name. (n)
ARTICLE 1775. Associat ions and societ ies, whose art icles are kept secret among t he members,
and wherein any one of t he members may cont ract in his own name wit h t hird persons, shall have
no juridical personalit y, and shall be governed by t he provisions relat ing t o co-ownership. (1669)
ARTICLE 1776. As t o it s object , a part nership is eit her universal or part icular.
As regards t he liabilit y of t he part ners, a part nership may be general or limit ed. (1671a)
ARTICLE 1777. A universal part nership may ref er t o all t he present propert y or t o all t he prof it s.
(1672)
ARTICLE 1778. A part nership of all present propert y is t hat in which t he part ners cont ribut e all t he
propert y which act ually belongs t o t hem t o a common f und, wit h t he int ent ion of dividing t he same
among t hemselves, as well as all t he prof it s which t hey may acquire t herewit h. (1673)
ARTICLE 1779. In a universal part nership of all present propert y, t he propert y which belonged t o
each of t he part ners at t he t ime of t he const it ut ion of t he part nership, becomes t he common
propert y of all t he part ners, as well as all t he prof it s which t hey may acquire t herewit h.
A st ipulat ion f or t he common enjoyment of any ot her prof it s may also be made; but t he propert y
which t he part ners may acquire subsequent ly by inherit ance, legacy, or donat ion cannot be
included in such st ipulat ion, except t he f ruit s t hereof . (1674a)
ARTICLE 1780. A universal part nership of prof it s comprises all t hat t he part ners may acquire by
t heir indust ry or work during t he exist ence of t he part nership.
Movable or immovable propert y which each of t he part ners may possess at t he t ime of t he
celebrat ion of t he cont ract shall cont inue t o pert ain exclusively t o each, only t he usuf ruct passing
t o t he part nership. (1675)
ARTICLE 1781. Art icles of universal part nership, ent ered int o wit hout specif icat ion of it s nat ure,
only const it ut e a universal part nership of prof it s. (1676)
ARTICLE 1782. Persons who are prohibit ed f rom giving each ot her any donat ion or advant age
cannot ent er int o universal part nership. (1677)
ARTICLE 1783. A part icular part nership has f or it s object det erminat e t hings, t heir use or f ruit s, or
a specif ic undert aking, or t he exercise of a prof ession or vocat ion. (1678)
CHAPTER 2
Obligat ions of t he Part ners
SECTION 1
Obligat ions of t he Part ners Among Themselves
ARTICLE 1784. A part nership begins f rom t he moment of t he execut ion of t he cont ract , unless it is
ot herwise st ipulat ed. (1679)
ARTICLE 1785. When a part nership f or a f ixed t erm or part icular undert aking is cont inued af t er t he
t erminat ion of such t erm or part icular undert aking wit hout any express agreement , t he right s and
dut ies of t he part ners remain t he same as t hey were at such t erminat ion, so f ar as is consist ent
wit h a part nership at will.
A cont inuat ion of t he business by t he part ners or such of t hem as habit ually act ed t herein during
t he t erm, wit hout any set t lement or liquidat ion of t he part nership af f airs, is prima f acie evidence of
a cont inuat ion of t he part nership. (n)
ARTICLE 1786. Every part ner is a debt or of t he part nership f or what ever he may have promised t o
cont ribut e t heret o.
He shall also be bound f or warrant y in case of evict ion wit h regard t o specif ic and det erminat e
t hings which he may have cont ribut ed t o t he part nership, in t he same cases and in t he same
manner as t he vendor is bound wit h respect t o t he vendee. He shall also be liable f or t he f ruit s
t hereof f rom t he t ime t hey should have been delivered, wit hout t he need of any demand. (1681a)
ARTICLE 1787. When t he capit al or a part t hereof which a part ner is bound t o cont ribut e consist s
of goods, t heir appraisal must be made in t he manner prescribed in t he cont ract of part nership,
and in t he absence of st ipulat ion, it shall be made by expert s chosen by t he part ners, and
according t o current prices, t he subsequent changes t hereof being f or t he account of t he
part nership. (n)
ARTICLE 1788. A part ner who has undert aken t o cont ribut e a sum of money and f ails t o do so
becomes a debt or f or t he int erest and damages f rom t he t ime he should have complied wit h his
obligat ion.
The same rule applies t o any amount he may have t aken f rom t he part nership cof f ers, and his
liabilit y shall begin f rom t he t ime he convert ed t he amount t o his own use. (1682)
ARTICLE 1789. An indust rial part ner cannot engage in business f or himself , unless t he part nership
expressly permit s him t o do so; and if he should do so, t he capit alist part ners may eit her exclude
him f rom t he f irm or avail t hemselves of t he benef it s which he may have obt ained in violat ion of
t his provision, wit h a right t o damages in eit her case. (n)
ARTICLE 1790. Unless t here is a st ipulat ion t o t he cont rary, t he part ners shall cont ribut e equal
shares t o t he capit al of t he part nership. (n)
ARTICLE 1791. If t here is no agreement t o t he cont rary, in case of an imminent loss of t he
business of t he part nership, any part ner who ref uses t o cont ribut e an addit ional share t o t he
capit al, except an indust rial part ner, t o save t he vent ure, shall be obliged t o sell his int erest t o t he
ot her part ners. (n)
ARTICLE 1792. If a part ner aut horized t o manage collect s a demandable sum, which was owed t o
him in his own name, f rom a person who owed t he part nership anot her sum also demandable, t he
sum t hus collect ed shall be applied t o t he t wo credit s in proport ion t o t heir amount s, even t hough
he may have given a receipt f or his own credit only; but should he have given it f or t he account of
t he part nership credit , t he amount shall be f ully applied t o t he lat t er.
The provisions of t his art icle are underst ood t o be wit hout prejudice t o t he right grant ed t o t he
debt or by art icle 1252, but only if t he personal credit of t he part ner should be more onerous t o
him. (1684)
ARTICLE 1793. A part ner who has received, in whole or in part , his share of a part nership credit ,
when t he ot her part ners have not collect ed t heirs, shall be obliged, if t he debt or should t hereaf t er
become insolvent , t o bring t o t he part nership capit al what he received even t hough he may have
given receipt f or his share only. (1685a)
ARTICLE 1794. Every part ner is responsible t o t he part nership f or damages suf f ered by it t hrough
his f ault , and he cannot compensat e t hem wit h t he prof it s and benef it s which he may have earned
f or t he part nership by his indust ry. However, t he court s may equit ably lessen t his responsibilit y if
t hrough t he part ners ext raordinary ef f ort s in ot her act ivit ies of t he part nership, unusual prof it s
have been realized. (1686a)
ARTICLE 1795. The risk of specif ic and det erminat e t hings, which are not f ungible, cont ribut ed t o
t he part nership so t hat only t heir use and f ruit s may be f or t he common benef it , shall be borne by
t he part ner who owns t hem.
If t he t hings cont ribut e are f ungible, or cannot be kept wit hout det eriorat ing, or if t hey were
cont ribut ed t o be sold, t he risk shall be borne by t he part nership. In t he absence of st ipulat ion, t he
risk of t hings brought and appraised in t he invent ory, shall also be borne by t he part nership, and in
such case t he claim shall be limit ed t o t he value at which t hey were appraised. (1687)
ARTICLE 1796. The part nership shall be responsible t o every part ner f or t he amount s he may have
disbursed on behalf of t he part nership and f or t he corresponding int erest , f rom t he t ime t he
expenses are made; it shall also answer t o each part ner f or t he obligat ions he may have
cont ract ed in good f ait h in t he int erest of t he part nership business, and f or risks in consequence
of it s management . (1688a)
ARTICLE 1797. The losses and prof it s shall be dist ribut ed in conf ormit y wit h t he agreement . If only
t he share of each part ner in t he prof it s has been agreed upon, t he share of each in t he losses
shall be in t he same proport ion.
In t he absence of st ipulat ion, t he share of each part ner in t he prof it s and losses shall be in
proport ion t o what he may have cont ribut ed, but t he indust rial part ner shall not be liable f or t he
losses. As f or t he prof it s, t he indust rial part ner shall receive such share as may be just and
equit able under t he circumst ances. If besides his services he has cont ribut ed capit al, he shall also
receive a share in t he prof it s in proport ion t o his capit al. (1689a)
ARTICLE 1798. If t he part ners have agreed t o int rust t o a t hird person t he designat ion of t he share
of each one in t he prof it s and losses, such designat ion may be impugned only when it is manif est ly
inequit able. In no case may a part ner who has begun t o execut e t he decision of t he t hird person,
or who has not impugned t he same wit hin a period of t hree mont hs f rom t he t ime he had
knowledge t hereof , complain of such decision.
The designat ion of losses and prof it s cannot be int rust ed t o one of t he part ners. (1690)
ARTICLE 1799. A st ipulat ion which excludes one or more part ners f rom any share in t he prof it s or
losses is void. (1691)
ARTICLE 1800. The part ner who has been appoint ed manager in t he art icles of part nership may
execut e all act s of administ rat ion despit e t he opposit ion of his part ners, unless he should act in
bad f ait h; and his power is irrevocable wit hout just or lawf ul cause. The vot e of t he part ners
represent ing t he cont rolling int erest shall be necessary f or such revocat ion of power.
A power grant ed af t er t he part nership has been const it ut ed may be revoked at any t ime. (1692a)
ARTICLE 1801. If t wo or more part ners have been int rust ed wit h t he management of t he
part nership wit hout specif icat ion of t heir respect ive dut ies, or wit hout a st ipulat ion t hat one of
t hem shall not act wit hout t he consent of all t he ot hers, each one may separat ely execut e all act s
of administ rat ion, but if any of t hem should oppose t he act s of t he ot hers, t he decision of t he
majorit y shall prevail. In case of a t ie, t he mat t er shall be decided by t he part ners owning t he
cont rolling int erest . (1693a)
ARTICLE 1802. In case it should have been st ipulat ed t hat none of t he managing part ners shall act
wit hout t he consent of t he ot hers, t he concurrence of all shall be necessary f or t he validit y of t he
act s, and t he absence or disabilit y of any one of t hem cannot be alleged, unless t here is imminent
danger of grave or irreparable injury t o t he part nership. (1694)
ARTICLE 1803. When t he manner of management has not been agreed upon, t he f ollowing rules
shall be observed:
(1) All t he part ners shall be considered agent s and what ever any one of t hem may do alone shall
bind t he part nership, wit hout prejudice t o t he provisions of art icle 1801.
(2) None of t he part ners may, wit hout t he consent of t he ot hers, make any import ant alt erat ion in
t he immovable propert y of t he part nership, even if it may be usef ul t o t he part nership. But if t he
ref usal of consent by t he ot her part ners is manif est ly prejudicial t o t he int erest of t he part nership,
t he court s int ervent ion may be sought . (1695a)
ARTICLE 1804. Every part ner may associat e anot her person wit h him in his share, but t he
associat e shall not be admit t ed int o t he part nership wit hout t he consent of all t he ot her part ners,
even if t he part ner having an associat e should be a manager. (1696)
ARTICLE 1805. The part nership books shall be kept , subject t o any agreement bet ween t he
part ners, at t he principal place of business of t he part nership, and every part ner shall at any
reasonable hour have access t o and may inspect and copy any of t hem. (n)
ARTICLE 1806. Part ners shall render on demand t rue and f ull inf ormat ion of all t hings af f ect ing t he
part nership t o any part ner or t he legal represent at ive of any deceased part ner or of any part ner
under legal disabilit y. (n)
ARTICLE 1807. Every part ner must account t o t he part nership f or any benef it , and hold as t rust ee
f or it any prof it s derived by him wit hout t he consent of t he ot her part ners f rom any t ransact ion
connect ed wit h t he f ormat ion, conduct , or liquidat ion of t he part nership or f rom any use by him of
it s propert y. (n)
ARTICLE 1808. The capit alist part ners cannot engage f or t heir own account in any operat ion
which is of t he kind of business in which t he part nership is engaged, unless t here is a st ipulat ion t o
t he cont rary.
Any capit alist part ner violat ing t his prohibit ion shall bring t o t he common f unds any prof it s accruing
t o him f rom his t ransact ions, and shall personally bear all t he losses. (n)
ARTICLE 1809. Any part ner shall have t he right t o a f ormal account as t o part nership af f airs:
(1) If he is wrongf ully excluded f rom t he part nership business or possession of it s propert y by his
co-part ners;
(2) If t he right exist s under t he t erms of any agreement ;
(3) As provided by art icle 1807;
(4) Whenever ot her circumst ances render it just and reasonable. (n)
SECTION 2
Propert y Right s of a Part ner
ARTICLE 1810. The propert y right s of a part ner are:
(1) His right s in specif ic part nership propert y;
(2) His int erest in t he part nership; and
(3) His right t o part icipat e in t he management . (n)
ARTICLE 1811. A part ner is co-owner wit h his part ners of specif ic part nership propert y.
The incident s of t his co-ownership are such t hat :
(1) A part ner, subject t o t he provisions of t his Tit le and t o any agreement bet ween t he part ners,
has an equal right wit h his part ners t o possess specif ic part nership propert y f or part nership
purposes; but he has no right t o possess such propert y f or any ot her purpose wit hout t he
consent of his part ners;
(2) A part ners right in specif ic part nership propert y is not assignable except in connect ion wit h t he
assignment of right s of all t he part ners in t he same propert y;
(3) A part ners right in specif ic part nership propert y is not subject t o at t achment or execut ion,
except on a claim against t he part nership. When part nership propert y is at t ached f or a part nership
debt t he part ners, or any of t hem, or t he represent at ives of a deceased part ner, cannot claim any
right under t he homest ead or exempt ion laws;
(4) A part ners right in specif ic part nership propert y is not subject t o legal support under art icle 291.
(n)
ARTICLE 1812. A part ners int erest in t he part nership is his share of t he prof it s and surplus. (n)
ARTICLE 1813. A conveyance by a part ner of his whole int erest in t he part nership does not of
it self dissolve t he part nership, or, as against t he ot her part ners in t he absence of agreement ,
ent it le t he assignee, during t he cont inuance of t he part nership, t o int erf ere in t he management or
administ rat ion of t he part nership business or af f airs, or t o require any inf ormat ion or account of
part nership t ransact ions, or t o inspect t he part nership books; but it merely ent it les t he assignee t o
receive in accordance wit h his cont ract t he prof it s t o which t he assigning part ner would ot herwise
be ent it led. However, in case of f raud in t he management of t he part nership, t he assignee may
avail himself of t he usual remedies.
In case of a dissolut ion of t he part nership, t he assignee is ent it led t o receive his assignors int erest
and may require an account f rom t he dat e only of t he last account agreed t o by all t he part ners.
(n)
ARTICLE 1814. Wit hout prejudice t o t he pref erred right s of part nership credit ors under art icle
1827, on due applicat ion t o a compet ent court by any judgment credit or of a part ner, t he court
which ent ered t he judgment , or any ot her court , may charge t he int erest of t he debt or part ner wit h
payment of t he unsat isf ied amount of such judgment debt wit h int erest t hereon; and may t hen or
lat er appoint a receiver of his share of t he prof it s, and of any ot her money due or t o f all due t o him
in respect of t he part nership, and make all ot her orders, direct ions, account s and inquiries which
t he debt or part ner might have made, or which t he circumst ances of t he case may require.
The int erest charged may be redeemed at any t ime bef ore f oreclosure, or in case of a sale being
direct ed by t he court , may be purchased wit hout t hereby causing a dissolut ion:
(1) Wit h separat e propert y, by any one or more of t he part ners; or
(2) Wit h part nership propert y, by any one or more of t he part ners wit h t he consent of all t he
part ners whose int erest s are not so charged or sold.
Not hing in t his Tit le shall be held t o deprive a part ner of his right , if any, under t he exempt ion laws,
as regards his int erest in t he part nership. (n)
SECTION 3
Obligat ions of t he Part ners wit h Regard t o Third Persons
ARTICLE 1815. Every part nership shall operat e under a f irm name, which may or may not include
t he name of one or more of t he part ners. masero
Those who, not being members of t he part nership, include t heir names in t he f irm name, shall be
subject t o t he liabilit y of a part ner. (n)
ARTICLE 1816. All part ners, including indust rial ones, shall be liable pro rat a wit h all t heir propert y
and af t er all t he part nership asset s have been exhaust ed, f or t he cont ract s which may be ent ered
int o in t he name and f or t he account of t he part nership, under it s signat ure and by a person
aut horized t o act f or t he part nership. However, any part ner may ent er int o a separat e obligat ion
t o perf orm a part nership cont ract . (n)
ARTICLE 1817. Any st ipulat ion against t he liabilit y laid down in t he preceding art icle shall be void,
except as among t he part ners. (n)
ARTICLE 1818. Every part ner is an agent of t he part nership f or t he purpose of it s business, and
t he act of every part ner, including t he execut ion in t he part nership name of any inst rument , f or
apparent ly carrying on in t he usual way t he business of t he part nership of which he is a member
binds t he part nership, unless t he part ner so act ing has in f act no aut horit y t o act f or t he
part nership in t he part icular mat t er, and t he person wit h whom he is dealing has knowledge of t he
f act t hat he has no such aut horit y.
An act of a part ner which is not apparent ly f or t he carrying on of business of t he part nership in t he
usual way does not bind t he part nership unless aut horized by t he ot her part ners.
Except when aut horized by t he ot her part ners or unless t hey have abandoned t he business, one
or more but less t han all t he part ners have no aut horit y t o:
(1) Assign t he part nership propert y in t rust f or credit ors or on t he assignees promise t o pay t he
debt s of t he part nership;
(2) Dispose of t he good-will of t he business;
(3) Do any ot her act which would make it impossible t o carry on t he ordinary business of a
part nership;
(4) Conf ess a judgment ;
(5) Ent er int o a compromise concerning a part nership claim or liabilit y; meiriw
(6) Submit a part nership claim or liabilit y t o arbit rat ion;
(7) Renounce a claim of t he part nership.
No act of a part ner in cont ravent ion of a rest rict ion on aut horit y shall bind t he part nership t o
persons having knowledge of t he rest rict ion. (n)
ARTICLE 1819. Where t it le t o real propert y is in t he part nership name, any part ner may convey t it le
t o such propert y by a conveyance execut ed in t he part nership name; but t he part nership may
recover such propert y unless t he part ners act binds t he part nership under t he provisions of t he
f irst paragraph of art icle 1818, or unless such propert y has been conveyed by t he grant ee or a
person claiming t hrough such grant ee t o a holder f or value wit hout knowledge t hat t he part ner, in
making t he conveyance, has exceeded his aut horit y.
Where t it le t o real propert y is in t he name of t he part nership, a conveyance execut ed by a part ner,
in his own name, passes t he equit able int erest of t he part nership, provided t he act is one wit hin
t he aut horit y of t he part ner under t he provisions of t he f irst paragraph of art icle 1818.
Where t it le t o real propert y is in t he name of one or more but not all t he part ners, and t he record
does not disclose t he right of t he part nership, t he part ners in whose name t he t it le st ands may
convey t it le t o such propert y, but t he part nership may recover such propert y if t he part ners act
does not bind t he part nership under t he provisions of t he f irst paragraph of art icle 1818, unless
t he purchaser or his assignee, is a holder f or value, wit hout knowledge.
Where t he t it le t o real propert y is in t he name of one or more or all t he part ners, or in a t hird
person in t rust f or t he part nership, a conveyance execut ed by a part ner in t he part nership name, or
in his own name, passes t he equit able int erest of t he part nership, provided t he act is one wit hin
t he aut horit y of t he part ner under t he provisions of t he f irst paragraph of art icle 1818.
Where t he t it le t o real propert y is in t he names of all t he part ners a conveyance execut ed by all t he
part ners passes all t heir right s in such propert y. (n)
ARTICLE 1820. An admission or represent at ion made by any part ner concerning part nership af f airs
wit hin t he scope of his aut horit y in accordance wit h t his Tit le is evidence against t he part nership.
(n)
ARTICLE 1821. Not ice t o any part ner of any mat t er relat ing t o part nership af f airs, and t he
knowledge of t he part ner act ing in t he part icular mat t er, acquired while a part ner or t hen present
t o his mind, and t he knowledge of any ot her part ner who reasonably could and should have
communicat ed it t o t he act ing part ner, operat e as not ice t o or knowledge of t he part nership,
except in t he case of a f raud on t he part nership, commit t ed by or wit h t he consent of t hat part ner.
(n)
ARTICLE 1822. Where, by any wrongf ul act or omission of any part ner act ing in t he ordinary
course of t he business of t he part nership or wit h t he aut horit y of his co-part ners, loss or injury is
caused t o any person, not being a part ner in t he part nership, or any penalt y is incurred, t he
part nership is liable t heref or t o t he same ext ent as t he part ner so act ing or omit t ing t o act . (n)
ARTICLE 1823. The part nership is bound t o make good t he loss:
(1) Where one part ner act ing wit hin t he scope of his apparent aut horit y receives money or
propert y of a t hird person and misapplies it ; and
(2) Where t he part nership in t he course of it s business receives money or propert y of a t hird
person and t he money or propert y so received is misapplied by any part ner while it is in t he cust ody
of t he part nership. (n)
ARTICLE 1824. All part ners are liable solidarily wit h t he part nership f or everyt hing chargeable t o t he
part nership under art icles 1822 and 1823. (n)
ARTICLE 1825. When a person, by words spoken or writ t en or by conduct , represent s himself , or
consent s t o anot her represent ing him t o anyone, as a part ner in an exist ing part nership or wit h
one or more persons not act ual part ners, he is liable t o any such persons t o whom such
represent at ion has been made, who has, on t he f ait h of such represent at ion, given credit t o t he
act ual or apparent part nership, and if he has made such represent at ion or consent ed t o it s being
made in a public manner he is liable t o such person, whet her t he represent at ion has or has not
been made or communicat ed t o such person so giving credit by or wit h t he knowledge of t he
apparent part ner making t he represent at ion or consent ing t o it s being made:
(1) When a part nership liabilit y result s, he is liable as t hough he were an act ual member of t he
part nership;
(2) When no part nership liabilit y result s, he is liable pro rat a wit h t he ot her persons, if any, so
consent ing t o t he cont ract or represent at ion as t o incur liabilit y, ot herwise separat ely.
When a person has been t hus represent ed t o be a part ner in an exist ing part nership, or wit h one or
more persons not act ual part ners, he is an agent of t he persons consent ing t o such
represent at ion t o bind t hem t o t he same ext ent and in t he same manner as t hough he were a
part ner in f act , wit h respect t o persons who rely upon t he represent at ion. When all t he members
of t he exist ing part nership consent t o t he represent at ion, a part nership act or obligat ion result s;
but in all ot her cases it is t he joint act or obligat ion of t he person act ing and t he persons
consent ing t o t he represent at ion. (n)
ARTICLE 1826. A person admit t ed as a part ner int o an exist ing part nership is liable f or all t he
obligat ions of t he part nership arising bef ore his admission as t hough he had been a part ner when
such obligat ions were incurred, except t hat t his liabilit y shall be sat isf ied only out of part nership
propert y, unless t here is a st ipulat ion t o t he cont rary. (n)
ARTICLE 1827. The credit ors of t he part nership shall be pref erred t o t hose of each part ner as
regards t he part nership propert y. Wit hout prejudice t o t his right , t he privat e credit ors of each
part ner may ask t he at t achment and public sale of t he share of t he lat t er in t he part nership asset s.
(n)
CHAPTER 3
Dissolut ion and Winding Up
ARTICLE 1828. The dissolut ion of a part nership is t he change in t he relat ion of t he part ners
caused by any part ner ceasing t o be associat ed in t he carrying on as dist inguished f rom t he
winding up of t he business. (n)
ARTICLE 1829. On dissolut ion t he part nership is not t erminat ed, but cont inues unt il t he winding up
of part nership af f airs is complet ed. (n)
ARTICLE 1830. Dissolut ion is caused:
(1) Wit hout violat ion of t he agreement bet ween t he part ners:
(a) By t he t erminat ion of t he def init e t erm or part icular undert aking specif ied in t he agreement ;
(b) By t he express will of any part ner, who must act in good f ait h, when no def init e t erm or
part icular undert aking is specif ied;
(c) By t he express will of all t he part ners who have not assigned t heir int erest s or suf f ered t hem t o
be charged f or t heir separat e debt s, eit her bef ore or af t er t he t erminat ion of any specif ied t erm or
part icular undert aking;
(d) By t he expulsion of any part ner f rom t he business bona f ide in accordance wit h such a power
conf erred by t he agreement bet ween t he part ners;
(2) In cont ravent ion of t he agreement bet ween t he part ners, where t he circumst ances do not
permit a dissolut ion under any ot her provision of t his art icle, by t he express will of any part ner at
any t ime;
(3) By any event which makes it unlawf ul f or t he business of t he part nership t o be carried on or f or
t he members t o carry it on in part nership;
(4) When a specif ic t hing, which a part ner had promised t o cont ribut e t o t he part nership, perishes
bef ore t he delivery; in any case by t he loss of t he t hing, when t he part ner who cont ribut ed it
having reserved t he ownership t hereof , has only t ransf erred t o t he part nership t he use or
enjoyment of t he same; but t he part nership shall not be dissolved by t he loss of t he t hing when it
occurs af t er t he part nership has acquired t he ownership t hereof ;
(5) By t he deat h of any part ner;
(6) By t he insolvency of any part ner or of t he part nership;
(7) By t he civil int erdict ion of any part ner;
(8) By decree of court under t he f ollowing art icle. (1700a and 1701a)
ARTICLE 1831. On applicat ion by or f or a part ner t he court shall decree a dissolut ion whenever:
(1) A part ner has been declared insane in any judicial proceeding or is shown t o be of unsound
mind;
(2) A part ner becomes in any ot her way incapable of perf orming his part of t he part nership
cont ract ;
(3) A part ner has been guilt y of such conduct as t ends t o af f ect prejudicially t he carrying on of t he
business;
(4) A part ner wilf ully or persist ent ly commit s a breach of t he part nership agreement , or ot herwise
so conduct s himself in mat t ers relat ing t o t he part nership business t hat it is not reasonably
pract icable t o carry on t he business in part nership wit h him;
(5) The business of t he part nership can only be carried on at a loss;
(6) Ot her circumst ances render a dissolut ion equit able.
On t he applicat ion of t he purchaser of a part ners int erest under art icle 1813 or 1814:
(1) Af t er t he t erminat ion of t he specif ied t erm or part icular undert aking;
(2) At any t ime if t he part nership was a part nership at will when t he int erest was assigned or when
t he charging order was issued. (n)
ARTICLE 1832. Except so f ar as may be necessary t o wind up part nership af f airs or t o complet e
t ransact ions begun but not t hen f inished, dissolut ion t erminat es all aut horit y of any part ner t o act
f or t he part nership:
(1) Wit h respect t o t he part ners,
(a) When t he dissolut ion is not by t he act , insolvency or deat h of a part ner; or
(b) When t he dissolut ion is by such act , insolvency or deat h of a part ner, in cases where art icle
1833 so requires;
(2) Wit h respect t o persons not part ners, as declared in art icle 1834. (n)
ARTICLE 1833. Where t he dissolut ion is caused by t he act , deat h or insolvency of a part ner, each
part ner is liable t o his co-part ners f or his share of any liabilit y creat ed by any part ner act ing f or t he
part nership as if t he part nership had not been dissolved unless:
(1) The dissolut ion being by act of any part ner, t he part ner act ing f or t he part nership had
knowledge of t he dissolut ion; or
(2) The dissolut ion being by t he deat h or insolvency of a part ner, t he part ner act ing f or t he
part nership had knowledge or not ice of t he deat h or insolvency.
ARTICLE 1834. Af t er dissolut ion, a part ner can bind t he part nership, except as provided in t he t hird
paragraph of t his art icle:
(1) By any act appropriat e f or winding up part nership af f airs or complet ing t ransact ions unf inished
at dissolut ion;
(2) By any t ransact ion which would bind t he part nership if dissolut ion had not t aken place,
provided t he ot her part y t o t he t ransact ion:
(a) Had ext ended credit t o t he part nership prior t o dissolut ion and had no knowledge or not ice of
t he dissolut ion; or
(b) Though he had not so ext ended credit , had nevert heless known of t he part nership prior t o
dissolut ion, and, having no knowledge or not ice of dissolut ion, t he f act of dissolut ion had not
been advert ised in a newspaper of general circulat ion in t he place (or in each place if more t han
one) at which t he part nership business was regularly carried on.
The liabilit y of a part ner under t he f irst paragraph, No. 2, shall be sat isf ied out of part nership
asset s alone when such part ner had been prior t o dissolut ion:
(1) Unknown as a part ner t o t he person wit h whom t he cont ract is made; and
(2) So f ar unknown and inact ive in part nership af f airs t hat t he business reput at ion of t he
part nership could not be said t o have been in any degree due t o his connect ion wit h it .
The part nership is in no case bound by any act of a part ner af t er dissolut ion:
(1) Where t he part nership is dissolved because it is unlawf ul t o carry on t he business, unless t he
act is appropriat e f or winding up part nership af f airs; or
(2) Where t he part ner has become insolvent ; or ewIisi
(3) Where t he part ner has no aut horit y t o wind up part nership af f airs; except by a t ransact ion wit h
one who
(a) Had ext ended credit t o t he part nership prior t o dissolut ion and had no knowledge or not ice of
his want of aut horit y; or
(b) Had not ext ended credit t o t he part nership prior t o dissolut ion, and, having no knowledge or
not ice of his want of aut horit y, t he f act of his want of aut horit y has not been advert ised in t he
manner provided f or advert ising t he f act of dissolut ion in t he f irst paragraph, No. 2 (b).
Not hing in t his art icle shall af f ect t he liabilit y under art icle 1825 of any person who af t er dissolut ion
represent s himself or consent s t o anot her represent ing him as a part ner in a part nership engaged
in carrying on business. (n)
ARTICLE 1835. The dissolut ion of t he part nership does not of it self discharge t he exist ing liabilit y
of any part ner.
A part ner is discharged f rom any exist ing liabilit y upon dissolut ion of t he part nership by an
agreement t o t hat ef f ect bet ween himself , t he part nership credit or and t he person or part nership
cont inuing t he business; and such agreement may be inf erred f rom t he course of dealing bet ween
t he credit or having knowledge of t he dissolut ion and t he person or part nership cont inuing t he
business.
The individual propert y of a deceased part ner shall be liable f or all obligat ions of t he part nership
incurred while he was a part ner, but subject t o t he prior payment of his separat e debt s. (n)
ARTICLE 1836. Unless ot herwise agreed, t he part ners who have not wrongf ully dissolved t he
part nership or t he legal represent at ive of t he last surviving part ner, not insolvent , has t he right t o
wind up t he part nership af f airs, provided, however, t hat any part ner, his legal represent at ive or his
assignee, upon cause shown, may obt ain winding up by t he court . (n)
ARTICLE 1837. When dissolut ion is caused in any way, except in cont ravent ion of t he part nership
agreement , each part ner, as against his co-part ners and all persons claiming t hrough t hem in
respect of t heir int erest s in t he part nership, unless ot herwise agreed, may have t he part nership
propert y applied t o discharge it s liabilit ies, and t he surplus applied t o pay in cash t he net amount
owing t o t he respect ive part ners. But if dissolut ion is caused by expulsion of a part ner, bona f ide
under t he part nership agreement and if t he expelled part ner is discharged f rom all part nership
liabilit ies, eit her by payment or agreement under t he second paragraph of art icle 1835, he shall
receive in cash only t he net amount due him f rom t he part nership.
When dissolut ion is caused in cont ravent ion of t he part nership agreement t he right s of t he
part ners shall be as f ollows:
(1) Each part ner who has not caused dissolut ion wrongf ully shall have:
(a) All t he right s specif ied in t he f irst paragraph of t his art icle, and
(b) The right , as against each part ner who has caused t he dissolut ion wrongf ully, t o damages f or
breach of t he agreement . cdasia
(2) The part ners who have not caused t he dissolut ion wrongf ully, if t hey all desire t o cont inue t he
business in t he same name eit her by t hemselves or joint ly wit h ot hers, may do so, during t he
agreed t erm f or t he part nership and f or t hat purpose may possess t he part nership propert y,
provided t hey secure t he payment by bond approved by t he court , or pay any part ner who has
caused t he dissolut ion wrongf ully, t he value of his int erest in t he part nership at t he dissolut ion,
less any damages recoverable under t he second paragraph, No. 1 (b) of t his art icle, and in like
manner indemnif y him against all present or f ut ure part nership liabilit ies.
(3) A part ner who has caused t he dissolut ion wrongf ully shall have:
(a) If t he business is not cont inued under t he provisions of t he second paragraph, No. 2, all t he
right s of a part ner under t he f irst paragraph, subject t o liabilit y f or damages in t he second
paragraph, No. 1 (b), of t his art icle.
(b) If t he business is cont inued under t he second paragraph, No. 2, of t his art icle, t he right as
against his co-part ners and all claiming t hrough t hem in respect of t heir int erest s in t he
part nership, t o have t he value of his int erest in t he part nership, less any damage caused t o his co-
part ners by t he dissolut ion, ascert ained and paid t o him in cash, or t he payment secured by a bond
approved by t he court , and t o be released f rom all exist ing liabilit ies of t he part nership; but in
ascert aining t he value of t he part ners int erest t he value of t he good-will of t he business shall not
be considered. (n)
ARTICLE 1838. Where a part nership cont ract is rescinded on t he ground of t he f raud or
misrepresent at ion of one of t he part ies t heret o, t he part y ent it led t o rescind is, wit hout prejudice
t o any ot her right , ent it led:
(1) To a lien on, or right of ret ent ion of , t he surplus of t he part nership propert y af t er sat isf ying t he
part nership liabilit ies t o t hird persons f or any sum of money paid by him f or t he purchase of an
int erest in t he part nership and f or any capit al or advances cont ribut ed by him;
(2) To st and, af t er all liabilit ies t o t hird persons have been sat isf ied, in t he place of t he credit ors of
t he part nership f or any payment s made by him in respect of t he part nership liabilit ies; and
(3) To be indemnif ied by t he person guilt y of t he f raud or making t he represent at ion against all
debt s and liabilit ies of t he part nership. (n)
ARTICLE 1839. In set t ling account s bet ween t he part ners af t er dissolut ion, t he f ollowing rules shall
be observed, subject t o any agreement t o t he cont rary:
(1) The asset s of t he part nership are:
(a) The part nership propert y,
(b) The cont ribut ions of t he part ners necessary f or t he payment of all t he liabilit ies specif ied in No.
2.
(2) The liabilit ies of t he part nership shall rank in order of payment , as f ollows:
(a) Those owing t o credit ors ot her t han part ners,
(b) Those owing t o part ners ot her t han f or capit al and prof it s,
(c) Those owing t o part ners in respect of capit al,
(d) Those owing t o part ners in respect of prof it s.
(3) The asset s shall be applied in t he order of t heir declarat ion in No. 1 of t his art icle t o t he
sat isf act ion of t he liabilit ies.
(4) The part ners shall cont ribut e, as provided by art icle 1797, t he amount necessary t o sat isf y t he
liabilit ies.
(5) An assignee f or t he benef it of credit ors or any person appoint ed by t he court shall have t he
right t o enf orce t he cont ribut ions specif ied in t he preceding number.
(6) Any part ner or his legal represent at ive shall have t he right t o enf orce t he cont ribut ions
specif ied in No. 4, t o t he ext ent of t he amount which he has paid in excess of his share of t he
liabilit y.
(7) The individual propert y of a deceased part ner shall be liable f or t he cont ribut ions specif ied in
No. 4.
(8) When part nership propert y and t he individual propert ies of t he part ners are in possession of a
court f or dist ribut ion, part nership credit ors shall have priorit y on part nership propert y and separat e
credit ors on individual propert y, saving t he right s of lien or secured credit ors.
(9) Where a part ner has become insolvent or his est at e is insolvent , t he claims against his separat e
propert y shall rank in t he f ollowing order:
(a) Those owing t o separat e credit ors;
(b) Those owing t o part nership credit ors;
(c) Those owing t o part ners by way of cont ribut ion. (n)
ARTICLE 1840. In t he f ollowing cases credit ors of t he dissolved part nership are also credit ors of
t he person or part nership cont inuing t he business:
(1) When any new part ner is admit t ed int o an exist ing part nership, or when any part ner ret ires and
assigns (or t he represent at ive of t he deceased part ner assigns) his right s in part nership propert y
t o t wo or more of t he part ners, or t o one or more of t he part ners and one or more t hird persons, if
t he business is cont inued wit hout liquidat ion of t he part nership af f airs;
(2) When all but one part ner ret ire and assign (or t he represent at ive of a deceased part ner
assigns) t heir right s in part nership propert y t o t he remaining part ner, who cont inues t he business
wit hout liquidat ion of part nership af f airs, eit her alone or wit h ot hers;
(3) When any part ner ret ires or dies and t he business of t he dissolved part nership is cont inued as
set f ort h in Nos. 1 and 2 of t his art icle, wit h t he consent of t he ret ired part ners or t he
represent at ive of t he deceased part ner, but wit hout any assignment of his right in part nership
propert y;
(4) When all t he part ners or t heir represent at ives assign t heir right s in part nership propert y t o one
or more t hird persons who promise t o pay t he debt s and who cont inue t he business of t he
dissolved part nership;
(5) When any part ner wrongf ully causes a dissolut ion and t he remaining part ners cont inue t he
business under t he provisions of art icle 1837, second paragraph, No. 2, eit her alone or wit h ot hers,
and wit hout liquidat ion of t he part nership af f airs;
(6) When a part ner is expelled and t he remaining part ners cont inue t he business eit her alone or
wit h ot hers wit hout liquidat ion of t he part nership af f airs.
The liabilit y of a t hird person becoming a part ner in t he part nership cont inuing t he business, under
t his art icle, t o t he credit ors of t he dissolved part nership shall be sat isf ied out of t he part nership
propert y only, unless t here is a st ipulat ion t o t he cont rary.
When t he business of a part nership af t er dissolut ion is cont inued under any condit ions set f ort h in
t his art icle t he credit ors of t he dissolved part nership, as against t he separat e credit ors of t he
ret iring or deceased part ner or t he represent at ive of t he deceased part ner, have a prior right t o
any claim of t he ret ired part ner or t he represent at ive of t he deceased part ner against t he person
or part nership cont inuing t he business, on account of t he ret ired or deceased part ners int erest in
t he dissolved part nership or on account of any considerat ion promised f or such int erest or f or his
right in part nership propert y.
Not hing in t his art icle shall be held t o modif y any right of credit ors t o set aside any assignment on
t he ground of f raud.
The use by t he person or part nership cont inuing t he business of t he part nership name, or t he
name of a deceased part ner as part t hereof , shall not of it self make t he individual propert y of t he
deceased part ner liable f or any debt s cont ract ed by such person or part nership. (n)
ARTICLE 1841. When any part ner ret ires or dies, and t he business is cont inued under any of t he
condit ions set f ort h in t he preceding art icle, or in art icle 1837, second paragraph, No. 2, wit hout
any set t lement of account s as bet ween him or his est at e and t he person or part nership cont inuing
t he business, unless ot herwise agreed, he or his legal represent at ive as against such person or
part nership may have t he value of his int erest at t he dat e of dissolut ion ascert ained, and shall
receive as an ordinary credit or an amount equal t o t he value of his int erest in t he dissolved
part nership wit h int erest , or, at his opt ion or at t he opt ion of his legal represent at ive, in lieu of
int erest , t he prof it s at t ribut able t o t he use of his right in t he propert y of t he dissolved part nership;
provided t hat t he credit ors of t he dissolved part nership as against t he separat e credit ors, or t he
represent at ive of t he ret ired or deceased part ner, shall have priorit y on any claim arising under t his
art icle, as provided by art icle 1840, t hird paragraph. (n)
ARTICLE 1842. The right t o an account of his int erest shall accrue t o any part ner, or his legal
represent at ive as against t he winding up part ners or t he surviving part ners or t he person or
part nership cont inuing t he business, at t he dat e of dissolut ion, in t he absence of any agreement
t o t he cont rary. (n)
CHAPTER 4
Limit ed Part nership (n)
ARTICLE 1843. A limit ed part nership is one f ormed by t wo or more persons under t he provisions of
t he f ollowing art icle, having as members one or more general part ners and one or more limit ed
part ners. The limit ed part ners as such shall not be bound by t he obligat ions of t he part nership.
ARTICLE 1844. Two or more persons desiring t o f orm a limit ed part nership shall:
(1) Sign and swear t o a cert if icat e, which shall st at e
(a) The name of t he part nership, adding t heret o t he word Limit ed;
(b) The charact er of t he business;
(c) The locat ion of t he principal place of business;
(d) The name and place of residence of each member, general and limit ed part ners being
respect ively designat ed;
(e) The t erm f or which t he part nership is t o exist ;
(f ) The amount of cash and a descript ion of and t he agreed value of t he ot her propert y
cont ribut ed by each limit ed part ner;
(g) The addit ional cont ribut ions, if any, t o be made by each limit ed part ner and t he t imes at which
or event s on t he happening of which t hey shall be made;
(h) The t ime, if agreed upon, when t he cont ribut ion of each limit ed part ner is t o be ret urned;
(i) The share of t he prof it s or t he ot her compensat ion by way of income which each limit ed part ner
shall receive by reason of his cont ribut ion;
(j) The right , if given, of a limit ed part ner t o subst it ut e an assignee as cont ribut or in his place, and
t he t erms and condit ions of t he subst it ut ion;
(k) The right , if given, of t he part ners t o admit addit ional limit ed part ners;
(l) The right , if given, of one or more of t he limit ed part ners t o priorit y over ot her limit ed part ners,
as t o cont ribut ions or as t o compensat ion by way of income, and t he nat ure of such priorit y;
(m) The right , if given, of t he remaining general part ner or part ners t o cont inue t he business on t he
deat h, ret irement , civil int erdict ion, insanit y or insolvency of a general part ner; and
(n) The right , if given, of a limit ed part ner t o demand and receive propert y ot her t han cash in ret urn
f or his cont ribut ion.
(2) File f or record t he cert if icat e in t he Of f ice of t he Securit ies and Exchange Commission.
A limit ed part nership is f ormed if t here has been subst ant ial compliance in good f ait h wit h t he
f oregoing requirement s.
ARTICLE 1845. The cont ribut ions of a limit ed part ner may be cash or propert y, but not services.
ARTICLE 1846. The surname of a limit ed part ner shall not appear in t he part nership name unless:
(1) It is also t he surname of a general part ner, or
(2) Prior t o t he t ime when t he limit ed part ner became such, t he business had been carried on under
a name in which his surname appeared.
A limit ed part ner whose surname appears in a part nership name cont rary t o t he provisions of t he
f irst paragraph is liable as a general part ner t o part nership credit ors who ext end credit t o t he
part nership wit hout act ual knowledge t hat he is not a general part ner.
ARTICLE 1847. If t he cert if icat e cont ains a f alse st at ement , one who suf f ers loss by reliance on
such st at ement may hold liable any part y t o t he cert if icat e who knew t he st at ement t o be f alse:
(1) At t he t ime he signed t he cert if icat e, or
(2) Subsequent ly, but wit hin a suf f icient t ime bef ore t he st at ement was relied upon t o enable him
t o cancel or amend t he cert if icat e, or t o f ile a pet it ion f or it s cancellat ion or amendment as
provided in art icle 1865.
ARTICLE 1848. A limit ed part ner shall not become liable as a general part ner unless, in addit ion t o
t he exercise of his right s and powers as a limit ed part ner, he t akes part in t he cont rol of t he
business.
ARTICLE 1849. Af t er t he f ormat ion of a limit ed part nership, addit ional limit ed part ners may be
admit t ed upon f iling an amendment t o t he original cert if icat e in accordance wit h t he requirement s
of art icle 1865.
ARTICLE 1850. A general part ner shall have all t he right s and powers and be subject t o all t he
rest rict ions and liabilit ies of a part ner in a part nership wit hout limit ed part ners. However, wit hout
t he writ t en consent or rat if icat ion of t he specif ic act by all t he limit ed part ners, a general part ner or
all of t he general part ners have no aut horit y t o:
(1) Do any act in cont ravent ion of t he cert if icat e;
(2) Do any act which would make it impossible t o carry on t he ordinary business of t he part nership;
(3) Conf ess a judgment against t he part nership;
(4) Possess part nership propert y, or assign t heir right s in specif ic part nership propert y, f or ot her
t han a part nership purpose;
(5) Admit a person as a general part ner;
(6) Admit a person as a limit ed part ner, unless t he right so t o do is given in t he cert if icat e;
(7) Cont inue t he business wit h part nership propert y on t he deat h, ret irement , insanit y, civil
int erdict ion or insolvency of a general part ner, unless t he right so t o do is given in t he cert if icat e.
ARTICLE 1851. A limit ed part ner shall have t he same right s as a general part ner t o:
(1) Have t he part nership books kept at t he principal place of business of t he part nership, and at a
reasonable hour t o inspect and copy any of t hem;
(2) Have on demand t rue and f ull inf ormat ion of all t hings af f ect ing t he part nership, and a f ormal
account of part nership af f airs whenever circumst ances render it just and reasonable; and
(3) Have dissolut ion and winding up by decree of court .
A limit ed part ner shall have t he right t o receive a share of t he prof it s or ot her compensat ion by
way of income, and t o t he ret urn of his cont ribut ion as provided in art icles 1856 and 1857.
ARTICLE 1852. Wit hout prejudice t o t he provisions of art icle 1848, a person who has cont ribut ed
t o t he capit al of a business conduct ed by a person or part nership erroneously believing t hat he
has become a limit ed part ner in a limit ed part nership, is not , by reason of his exercise of t he right s
of a limit ed part ner, a general part ner wit h t he person or in t he part nership carrying on t he
business, or bound by t he obligat ions of such person or part nership; provided t hat on ascert aining
t he mist ake he prompt ly renounces his int erest in t he prof it s of t he business, or ot her
compensat ion by way of income.
ARTICLE 1853. A person may be a general part ner and a limit ed part ner in t he same part nership at
t he same t ime, provided t hat t his f act shall be st at ed in t he cert if icat e provided f or in art icle 1844.
A person who is a general, and also at t he same t ime a limit ed part ner, shall have all t he right s and
powers and be subject t o all t he rest rict ions of a general part ner; except t hat , in respect t o his
cont ribut ion, he shall have t he right s against t he ot her members which he would have had if he
were not also a general part ner.
ARTICLE 1854. A limit ed part ner also may loan money t o and t ransact ot her business wit h t he
part nership, and, unless he is also a general part ner, receive on account of result ing claims against
t he part nership, wit h general credit ors, a pro rat a share of t he asset s. No limit ed part ner shall in
respect t o any such claim:
(1) Receive or hold as collat eral securit y any part nership propert y, or
(2) Receive f rom a general part ner or t he part nership any payment , conveyance, or release f rom
liabilit y, if at t he t ime t he asset s of t he part nership are not suf f icient t o discharge part nership
liabilit ies t o persons not claiming as general or limit ed part ners.
The receiving of collat eral securit y, or payment , conveyance, or release in violat ion of t he
f oregoing provisions is a f raud on t he credit ors of t he part nership.
ARTICLE 1855. Where t here are several limit ed part ners t he members may agree t hat one or more
of t he limit ed part ners shall have a priorit y over ot her limit ed part ners as t o t he ret urn of t heir
cont ribut ions, as t o t heir compensat ion by way of income, or as t o any ot her mat t er. If such an
agreement is made it shall be st at ed in t he cert if icat e, and in t he absence of such a st at ement all
t he limit ed part ners shall st and upon equal f oot ing.
ARTICLE 1856. A limit ed part ner may receive f rom t he part nership t he share of t he prof it s or t he
compensat ion by way of income st ipulat ed f or in t he cert if icat e; provided, t hat af t er such payment
is made, whet her f rom t he propert y of t he part nership or t hat of a general part ner, t he part nership
asset s are in excess of all liabilit ies of t he part nership except liabilit ies t o limit ed part ners on
account of t heir cont ribut ions and t o general part ners.
ARTICLE 1857. A limit ed part ner shall not receive f rom a general part ner or out of part nership
propert y any part of his cont ribut ions unt il:
(1) All liabilit ies of t he part nership, except liabilit ies t o general part ners and t o limit ed part ners on
account of t heir cont ribut ions, have been paid or t here remains propert y of t he part nership
suf f icient t o pay t hem;
(2) The consent of all members is had, unless t he ret urn of t he cont ribut ion may be right f ully
demanded under t he provisions of t he second paragraph; and
(3) The cert if icat e is cancelled or so amended as t o set f ort h t he wit hdrawal or reduct ion.
Subject t o t he provisions of t he f irst paragraph, a limit ed part ner may right f ully demand t he ret urn
of his cont ribut ion:
(1) On t he dissolut ion of a part nership, or
(2) When t he dat e specif ied in t he cert if icat e f or it s ret urn has arrived, or
(3) Af t er he has given six mont hs not ice in writ ing t o all ot her members, if no t ime is specif ied in
t he cert if icat e, eit her f or t he ret urn of t he cont ribut ion or f or t he dissolut ion of t he part nership.
In t he absence of any st at ement in t he cert if icat e t o t he cont rary or t he consent of all members, a
limit ed part ner, irrespect ive of t he nat ure of his cont ribut ion, has only t he right t o demand and
receive cash in ret urn f or his cont ribut ion.
A limit ed part ner may have t he part nership dissolved and it s af f airs wound up when:
(1) He right f ully but unsuccessf ully demands t he ret urn of his cont ribut ion, or
(2) The ot her liabilit ies of t he part nership have not been paid, or t he part nership propert y is
insuf f icient f or t heir payment as required by t he f irst paragraph, No. 1, and t he limit ed part ner
would ot herwise be ent it led t o t he ret urn of his cont ribut ion.
ARTICLE 1858. A limit ed part ner is liable t o t he part nership:
(1) For t he dif f erence bet ween his cont ribut ion as act ually made and t hat st at ed in t he cert if icat e
as having been made, and
(2) For any unpaid cont ribut ion which he agreed in t he cert if icat e t o make in t he f ut ure at t he t ime
and on t he condit ions st at ed in t he cert if icat e.
A limit ed part ner holds as t rust ee f or t he part nership:
(1) Specif ic propert y st at ed in t he cert if icat e as cont ribut ed by him, but which was not cont ribut ed
or which has been wrongf ully ret urned, and
(2) Money or ot her propert y wrongf ully paid or conveyed t o him on account of his cont ribut ion.
The liabilit ies of a limit ed part ner as set f ort h in t his art icle can be waived or compromised only by
t he consent of all members; but a waiver or compromise shall not af f ect t he right of a credit or of a
part nership who ext ended credit or whose claim arose af t er t he f iling and bef ore a cancellat ion or
amendment of t he cert if icat e, t o enf orce such liabilit ies.
When a cont ribut or has right f ully received t he ret urn in whole or in part of t he capit al of his
cont ribut ion, he is nevert heless liable t o t he part nership f or any sum, not in excess of such ret urn
wit h int erest , necessary t o discharge it s liabilit ies t o all credit ors who ext ended credit or whose
claims arose bef ore such ret urn.
ARTICLE 1859. A limit ed part ners int erest is assignable.
A subst it ut ed limit ed part ner is a person admit t ed t o all t he right s of a limit ed part ner who has died
or has assigned his int erest in a part nership.
An assignee, who does not become a subst it ut ed limit ed part ner, has no right t o require any
inf ormat ion or account of t he part nership t ransact ions or t o inspect t he part nership books; he is
only ent it led t o receive t he share of t he prof it s or ot her compensat ion by way of income, or t he
ret urn of his cont ribut ion, t o which his assignor would ot herwise be ent it led.
An assignee shall have t he right t o become a subst it ut ed limit ed part ner if all t he members consent
t heret o or if t he assignor, being t hereunt o empowered by t he cert if icat e, gives t he assignee t hat
right .
An assignee becomes a subst it ut ed limit ed part ner when t he cert if icat e is appropriat ely amended
in accordance wit h art icle 1865.
The subst it ut ed limit ed part ner has all t he right s and powers, and is subject t o all t he rest rict ions
and liabilit ies of his assignor, except t hose liabilit ies of which he was ignorant at t he t ime he
became a limit ed part ner and which could not be ascert ained f rom t he cert if icat e.
The subst it ut ion of t he assignee as a limit ed part ner does not release t he assignor f rom liabilit y t o
t he part nership under art icles 1847 and 1858.
ARTICLE 1860. The ret irement , deat h, insolvency, insanit y or civil int erdict ion of a general part ner
dissolves t he part nership, unless t he business is cont inued by t he remaining general part ners:
(1) Under a right so t o do st at ed in t he cert if icat e, or
(2) Wit h t he consent of all members.
ARTICLE 1861. On t he deat h of a limit ed part ner his execut or or administ rat or shall have all t he
right s of a limit ed part ner f or t he purpose of set t ling his est at e, and such power as t he deceased
had t o const it ut e his assignee a subst it ut ed limit ed part ner.
The est at e of a deceased limit ed part ner shall be liable f or all his liabilit ies as a limit ed part ner.
ARTICLE 1862. On due applicat ion t o a court of compet ent jurisdict ion by any credit or of a limit ed
part ner, t he court may charge t he int erest of t he indebt ed limit ed part ner wit h payment of t he
unsat isf ied amount of such claim, and may appoint a receiver, and make all ot her orders,
direct ions, and inquiries which t he circumst ances of t he case may require.
The int erest may be redeemed wit h t he separat e propert y of any general part ner, but may not be
redeemed wit h part nership propert y.
The remedies conf erred by t he f irst paragraph shall not be deemed exclusive of ot hers which may
exist .
Not hing in t his Chapt er shall be held t o deprive a limit ed part ner of his st at ut ory exempt ion.
ARTICLE 1863. In set t ling account s af t er dissolut ion t he liabilit ies of t he part nership shall be
ent it led t o payment in t he f ollowing order:
(1) Those t o credit ors, in t he order of priorit y as provided by law, except t hose t o limit ed part ners
on account of t heir cont ribut ions, and t o general part ners;
(2) Those t o limit ed part ners in respect t o t heir share of t he prof it s and ot her compensat ion by
way of income on t heir cont ribut ions;
(3) Those t o limit ed part ners in respect t o t he capit al of t heir cont ribut ions;
(4) Those t o general part ners ot her t han f or capit al and prof it s;
(5) Those t o general part ners in respect t o prof it s;
(6) Those t o general part ners in respect t o capit al.
Subject t o any st at ement in t he cert if icat e or t o subsequent agreement , limit ed part ners share in
t he part nership asset s in respect t o t heir claims f or capit al, and in respect t o t heir claims f or prof it s
or f or compensat ion by way of income on t heir cont ribut ion respect ively, in proport ion t o t he
respect ive amount s of such claims.
ARTICLE 1864. The cert if icat e shall be cancelled when t he part nership is dissolved or all limit ed
part ners cease t o be such.
A cert if icat e shall be amended when:
(1) There is a change in t he name of t he part nership or in t he amount or charact er of t he
cont ribut ion of any limit ed part ner;
(2) A person is subst it ut ed as a limit ed part ner;
(3) An addit ional limit ed part ner is admit t ed;
(4) A person is admit t ed as a general part ner;
(5) A general part ner ret ires, dies, becomes insolvent or insane, or is sent enced t o civil int erdict ion
and t he business is cont inued under art icle 1860;
(6) There is a change in t he charact er of t he business of t he part nership;
(7) There is a f alse or erroneous st at ement in t he cert if icat e;
(8) There is a change in t he t ime as st at ed in t he cert if icat e f or t he dissolut ion of t he part nership
or f or t he ret urn of a cont ribut ion;
(9) A t ime is f ixed f or t he dissolut ion of t he part nership, or t he ret urn of a cont ribut ion, no t ime
having been specif ied in t he cert if icat e, or
(10) The members desire t o make a change in any ot her st at ement in t he cert if icat e in order t hat it
shall accurat ely represent t he agreement among t hem.
ARTICLE 1865. The writ ing t o amend a cert if icat e shall:
(1) Conf orm t o t he requirement s of art icle 1844 as f ar as necessary t o set f ort h clearly t he change
in t he cert if icat e which it is desired t o make; and
(2) Be signed and sworn t o by all members, and an amendment subst it ut ing a limit ed part ner or
adding a limit ed or general part ner shall be signed also by t he member t o be subst it ut ed or added,
and when a limit ed part ner is t o be subst it ut ed, t he amendment shall also be signed by t he
assigning limit ed part ner.
The writ ing t o cancel a cert if icat e shall be signed by all members.
A person desiring t he cancellat ion or amendment of a cert if icat e, if any person designat ed in t he
f irst and second paragraphs as a person who must execut e t he writ ing ref uses t o do so, may
pet it ion t he court t o order a cancellat ion or amendment t hereof .
If t he court f inds t hat t he pet it ioner has a right t o have t he writ ing execut ed by a person who
ref uses t o do so, it shall order t he Of f ice of t he Securit ies and Exchange Commission where t he
cert if icat e is recorded t o record t he cancellat ion or amendment of t he cert if icat e; and when t he
cert if icat e is t o be amended, t he court shall also cause t o be f iled f or record in said of f ice a
cert if ied copy of it s decree set t ing f ort h t he amendment .
A cert if icat e is amended or cancelled when t here is f iled f or record in t he Of f ice of t he Securit ies
and Exchange Commission, where t he cert if icat e is recorded:
(1) A writ ing in accordance wit h t he provisions of t he f irst or second paragraph, or
(2) A cert if ied copy of t he order of court in accordance wit h t he provisions of t he f ourt h
paragraph;
(3) Af t er t he cert if icat e is duly amended in accordance wit h t his art icle, t he amended cert if icat e
shall t hereaf t er be f or all purposes t he cert if icat e provided f or in t his Chapt er.
ARTICLE 1866. A cont ribut or, unless he is a general part ner, is not a proper part y t o proceedings
by or against a part nership, except where t he object is t o enf orce a limit ed part ners right against
or liabilit y t o t he part nership.
ARTICLE 1867. A limit ed part nership f ormed under t he law prior t o t he ef f ect ivit y of t his Code, may
become a limit ed part nership under t his Chapt er by complying wit h t he provisions of art icle 1844,
provided t he cert if icat e set s f ort h:
(1) The amount of t he original cont ribut ion of each limit ed part ner, and t he t ime when t he
cont ribut ion was made; and
(2) That t he propert y of t he part nership exceeds t he amount suf f icient t o discharge it s liabilit ies t o
persons not claiming as general or limit ed part ners by an amount great er t han t he sum of t he
cont ribut ions of it s limit ed part ners.
A limit ed part nership f ormed under t he law prior t o t he ef f ect ivit y of t his Code, unt il or unless it
becomes a limit ed part nership under t his Chapt er, shall cont inue t o be governed by t he provisions
of t he old law.
TITLE X
Agency
CHAPTER 1
Nat ure, Form and Kinds of Agency
ARTICLE 1868. By t he cont ract of agency a person binds himself t o render some service or t o do
somet hing in represent at ion or on behalf of anot her, wit h t he consent or aut horit y of t he lat t er.
(1709a)
ARTICLE 1869. Agency may be express, or implied f rom t he act s of t he principal, f rom his silence or
lack of act ion, or his f ailure t o repudiat e t he agency, knowing t hat anot her person is act ing on his
behalf wit hout aut horit y.
Agency may be oral, unless t he law requires a specif ic f orm. (1710a)
ARTICLE 1870. Accept ance by t he agent may also be express, or implied f rom his act s which carry
out t he agency, or f rom his silence or inact ion according t o t he circumst ances. (n)
ARTICLE 1871. Bet ween persons who are present , t he accept ance of t he agency may also be
implied if t he principal delivers his power of at t orney t o t he agent and t he lat t er receives it wit hout
any object ion. (n)
ARTICLE 1872. Bet ween persons who are absent , t he accept ance of t he agency cannot be
implied f rom t he silence of t he agent , except :
(1) When t he principal t ransmit s his power of at t orney t o t he agent , who receives it wit hout any
object ion;
(2) When t he principal ent rust s t o him by let t er or t elegram a power of at t orney wit h respect t o t he
business in which he is habit ually engaged as an agent , and he did not reply t o t he let t er or
t elegram. (n)
ARTICLE 1873. If a person specially inf orms anot her or st at es by public advert isement t hat he has
given a power of at t orney t o a t hird person, t he lat t er t hereby becomes a duly aut horized agent , in
t he f ormer case wit h respect t o t he person who received t he special inf ormat ion, and in t he lat t er
case wit h regard t o any person.
The power shall cont inue t o be in f ull f orce unt il t he not ice is rescinded in t he same manner in
which it was given. (n)
ARTICLE 1874. When a sale of a piece of land or any int erest t herein is t hrough an agent , t he
aut horit y of t he lat t er shall be in writ ing; ot herwise, t he sale shall be void. (n)
ARTICLE 1875. Agency is presumed t o be f or a compensat ion, unless t here is proof t o t he
cont rary. (n)
ARTICLE 1876. An agency is eit her general or special.
The f ormer comprises all t he business of t he principal. The lat t er, one or more specif ic
t ransact ions. (1712)
ARTICLE 1877. An agency couched in general t erms comprises only act s of administ rat ion, even if
t he principal should st at e t hat he wit hholds no power or t hat t he agent may execut e such act s as
he may consider appropriat e, or even t hough t he agency should aut horize a general and unlimit ed
management . (n)
ARTICLE 1878. Special powers of at t orney are necessary in t he f ollowing cases:
(1) To make such payment s as are not usually considered as act s of administ rat ion;
(2) To ef f ect novat ions which put an end t o obligat ions already in exist ence at t he t ime t he
agency was const it ut ed;
(3) To compromise, t o submit quest ions t o arbit rat ion, t o renounce t he right t o appeal f rom a
judgment , t o waive object ions t o t he venue of an act ion or t o abandon a prescript ion already
acquired;
(4) To waive any obligat ion grat uit ously;
(5) To ent er int o any cont ract by which t he ownership of an immovable is t ransmit t ed or acquired
eit her grat uit ously or f or a valuable considerat ion;
(6) To make gif t s, except cust omary ones f or charit y or t hose made t o employees in t he business
managed by t he agent ;
(7) To loan or borrow money, unless t he lat t er act be urgent and indispensable f or t he
preservat ion of t he t hings which are under administ rat ion;
(8) To lease any real propert y t o anot her person f or more t han one year;
(9) To bind t he principal t o render some service wit hout compensat ion;
(10) To bind t he principal in a cont ract of part nership;
(11) To obligat e t he principal as a guarant or or suret y; musawi
(12) To creat e or convey real right s over immovable propert y;
(13) To accept or repudiat e an inherit ance;
(14) To rat if y or recognize obligat ions cont ract ed bef ore t he agency;
(15) Any ot her act of st rict dominion. (n)
ARTICLE 1879. A special power t o sell excludes t he power t o mort gage; and a special power t o
mort gage does not include t he power t o sell. (n)
ARTICLE 1880. A special power t o compromise does not aut horize submission t o arbit rat ion.
(1713a)
ARTICLE 1881. The agent must act wit hin t he scope of his aut horit y. He may do such act s as may
be conducive t o t he accomplishment of t he purpose of t he agency. (1714a)
ARTICLE 1882. The limit s of t he agent s aut horit y shall not be considered exceeded should it have
been perf ormed in a manner more advant ageous t o t he principal t han t hat specif ied by him. (1715)
ARTICLE 1883. If an agent act s in his own name, t he principal has no right of act ion against t he
persons wit h whom t he agent has cont ract ed; neit her have such persons against t he principal.
In such case t he agent is t he one direct ly bound in f avor of t he person wit h whom he has
cont ract ed, as if t he t ransact ion were his own, except when t he cont ract involves t hings belonging
t o t he principal.
The provisions of t his art icle shall be underst ood t o be wit hout prejudice t o t he act ions bet ween
t he principal and agent . (1717)
CHAPTER 2
Obligat ions of t he Agent
ARTICLE 1884. The agent is bound by his accept ance t o carry out t he agency, and is liable f or t he
damages which, t hrough his non-perf ormance, t he principal may suf f er.
He must also f inish t he business already begun on t he deat h of t he principal, should delay ent ail
any danger. (1718)
ARTICLE 1885. In case a person declines an agency, he is bound t o observe t he diligence of a
good f at her of a f amily in t he cust ody and preservat ion of t he goods f orwarded t o him by t he
owner unt il t he lat t er should appoint an agent . The owner shall as soon as pract icable eit her
appoint an agent or t ake charge of t he goods. (n)
ARTICLE 1886. Should t here be a st ipulat ion t hat t he agent shall advance t he necessary f unds, he
shall be bound t o do so except when t he principal is insolvent . (n)
ARTICLE 1887. In t he execut ion of t he agency, t he agent shall act in accordance wit h t he
inst ruct ions of t he principal.
In def ault t hereof , he shall do all t hat a good f at her of a f amily would do, as required by t he nat ure
of t he business. (1719)
ARTICLE 1888. An agent shall not carry out an agency if it s execut ion would manif est ly result in
loss or damage t o t he principal. (n)
ARTICLE 1889. The agent shall be liable f or damages if , t here being a conf lict bet ween his
int erest s and t hose of t he principal, he should pref er his own. (n)
ARTICLE 1890. If t he agent has been empowered t o borrow money, he may himself be t he lender
at t he current rat e of int erest . If he has been aut horized t o lend money at int erest , he cannot
borrow it wit hout t he consent of t he principal. (n)
ARTICLE 1891. Every agent is bound t o render an account of his t ransact ions and t o deliver t o t he
principal what ever he may have received by virt ue of t he agency, even t hough it may not be owing
t o t he principal.
Every st ipulat ion exempt ing t he agent f rom t he obligat ion t o render an account shall be void.
(1720a)
ARTICLE 1892. The agent may appoint a subst it ut e if t he principal has not prohibit ed him f rom
doing so; but he shall be responsible f or t he act s of t he subst it ut e:
(1) When he was not given t he power t o appoint one;
(2) When he was given such power, but wit hout designat ing t he person, and t he person appoint ed
was not oriously incompet ent or insolvent .
All act s of t he subst it ut e appoint ed against t he prohibit ion of t he principal shall be void. (1721)
ARTICLE 1893. In t he cases ment ioned in Nos. 1 and 2 of t he preceding art icle, t he principal may
f urt hermore bring an act ion against t he subst it ut e wit h respect t o t he obligat ions which t he lat t er
has cont ract ed under t he subst it ut ion. (1722a)
ARTICLE 1894. The responsibilit y of t wo or more agent s, even t hough t hey have been appoint ed
simult aneously, is not solidary, if solidarit y has not been expressly st ipulat ed. (1723)
ARTICLE 1895. If solidarit y has been agreed upon, each of t he agent s is responsible f or t he non-
f ulf illment of t he agency, and f or t he f ault or negligence of his f ellows agent s, except in t he lat t er
case when t he f ellow agent s act ed beyond t he scope of t heir aut horit y. (n)
ARTICLE 1896. The agent owes int erest on t he sums he has applied t o his own use f rom t he day
on which he did so, and on t hose which he st ill owes af t er t he ext inguishment of t he agency.
(1724a)
ARTICLE 1897. The agent who act s as such is not personally liable t o t he part y wit h whom he
cont ract s, unless he expressly binds himself or exceeds t he limit s of his aut horit y wit hout giving
such part y suf f icient not ice of his powers. (1725)
ARTICLE 1898. If t he agent cont ract s in t he name of t he principal, exceeding t he scope of his
aut horit y, and t he principal does not rat if y t he cont ract , it shall be void if t he part y wit h whom t he
agent cont ract ed is aware of t he limit s of t he powers grant ed by t he principal. In t his case,
however, t he agent is liable if he undert ook t o secure t he principals rat if icat ion. (n)
ARTICLE 1899. If a duly aut horized agent act s in accordance wit h t he orders of t he principal, t he
lat t er cannot set up t he ignorance of t he agent as t o circumst ances whereof he himself was, or
ought t o have been, aware. (n)
ARTICLE 1900. So f ar as t hird persons are concerned, an act is deemed t o have been perf ormed
wit hin t he scope of t he agent s aut horit y, if such act is wit hin t he t erms of t he power of at t orney,
as writ t en, even if t he agent has in f act exceeded t he limit s of his aut horit y according t o an
underst anding bet ween t he principal and t he agent . (n)
ARTICLE 1901. A t hird person cannot set up t he f act t hat t he agent has exceeded his powers, if
t he principal has rat if ied, or has signif ied his willingness t o rat if y t he agent s act s. (n)
ARTICLE 1902. A t hird person wit h whom t he agent wishes t o cont ract on behalf of t he principal
may require t he present at ion of t he power of at t orney, or t he inst ruct ions as regards t he agency.
Privat e or secret orders and inst ruct ions of t he principal do not prejudice t hird persons who have
relied upon t he power of at t orney or inst ruct ions shown t hem. (n)
ARTICLE 1903. The commission agent shall be responsible f or t he goods received by him in t he
t erms and condit ions and as described in t he consignment , unless upon receiving t hem he should
make a writ t en st at ement of t he damage and det eriorat ion suf f ered by t he same. (n)
ARTICLE 1904. The commission agent who handles goods of t he same kind and mark, which
belong t o dif f erent owners, shall dist inguish t hem by count ermarks, and designat e t he
merchandise respect ively belonging t o each principal. (n)
ARTICLE 1905. The commission agent cannot , wit hout t he express or implied consent of t he
principal, sell on credit . Should he do so, t he principal may demand f rom him payment in cash, but
t he commission agent shall be ent it led t o any int erest or benef it , which may result f rom such sale.
(n)
ARTICLE 1906. Should t he commission agent , wit h aut horit y of t he principal, sell on credit , he shall
so inf orm t he principal, wit h a st at ement of t he names of t he buyers. Should he f ail t o do so, t he
sale shall be deemed t o have been made f or cash insof ar as t he principal is concerned. (n)
ARTICLE 1907. Should t he commission agent receive on a sale, in addit ion t o t he ordinary
commission, anot her called a guarant ee commission, he shall bear t he risk of collect ion and shall
pay t he principal t he proceeds of t he sale on t he same t erms agreed upon wit h t he purchaser. (n)
ARTICLE 1908. The commission agent who does not collect t he credit s of his principal at t he t ime
when t hey become due and demandable shall be liable f or damages, unless he proves t hat he
exercised due diligence f or t hat purpose. (n)
ARTICLE 1909. The agent is responsible not only f or f raud, but also f or negligence, which shall be
judged wit h more or less rigor by t he court s, according t o whet her t he agency was or was not f or a
compensat ion. (1726)
CHAPTER 3
Obligat ions of t he Principal
ARTICLE 1910. The principal must comply wit h all t he obligat ions which t he agent may have
cont ract ed wit hin t he scope of his aut horit y.
As f or any obligat ion wherein t he agent has exceeded his power, t he principal is not bound except
when he rat if ies it expressly or t acit ly. (1727)
ARTICLE 1911. Even when t he agent has exceeded his aut horit y, t he principal is solidarily liable
wit h t he agent if t he f ormer allowed t he lat t er t o act as t hough he had f ull powers. (n)
ARTICLE 1912. The principal must advance t o t he agent , should t he lat t er so request , t he sums
necessary f or t he execut ion of t he agency.
Should t he agent have advanced t hem, t he principal must reimburse him t heref or, even if t he
business or undert aking was not successf ul, provided t he agent is f ree f rom all f ault .
The reimbursement shall include int erest on t he sums advanced, f rom t he day on which t he
advance was made. (1728)
ARTICLE 1913. The principal must also indemnif y t he agent f or all t he damages which t he
execut ion of t he agency may have caused t he lat t er, wit hout f ault or negligence on his part . (1729)
ARTICLE 1914. The agent may ret ain in pledge t he t hings which are t he object of t he agency unt il
t he principal ef f ect s t he reimbursement and pays t he indemnit y set f ort h in t he t wo preceding
art icles. (1730)
ARTICLE 1915. If t wo or more persons have appoint ed an agent f or a common t ransact ion or
undert aking, t hey shall be solidarily liable t o t he agent f or all t he consequences of t he agency.
(1731)
ARTICLE 1916. When t wo persons cont ract wit h regard t o t he same t hing, one of t hem wit h t he
agent and t he ot her wit h t he principal, and t he t wo cont ract s are incompat ible wit h each ot her,
t hat of prior dat e shall be pref erred, wit hout prejudice t o t he provisions of art icle 1544. (n)
ARTICLE 1917. In t he case ref erred t o in t he preceding art icle, if t he agent has act ed in good f ait h,
t he principal shall be liable in damages t o t he t hird person whose cont ract must be reject ed. If t he
agent act ed in bad f ait h, he alone shall be responsible. (n)
ARTICLE 1918. The principal is not liable f or t he expenses incurred by t he agent in t he f ollowing
cases:
(1) If t he agent act ed in cont ravent ion of t he principals inst ruct ions, unless t he lat t er should wish
t o avail himself of t he benef it s derived f rom t he cont ract ;
(2) When t he expenses were due t o t he f ault of t he agent ;
(3) When t he agent incurred t hem wit h knowledge t hat an unf avorable result would ensue, if t he
principal was not aware t hereof ;
(4) When it was st ipulat ed t hat t he expenses would be borne by t he agent , or t hat t he lat t er would
be allowed only a cert ain sum. (n)
CHAPTER 4
Modes of Ext inguishment of Agency
ARTICLE 1919. Agency is ext inguished: t uLaLm
(1) By it s revocat ion;
(2) By t he wit hdrawal of t he agent ;
(3) By t he deat h, civil int erdict ion, insanit y or insolvency of t he principal or of t he agent ;
(4) By t he dissolut ion of t he f irm or corporat ion which ent rust ed or accept ed t he agency;
(5) By t he accomplishment of t he object or purpose of t he agency;
(6) By t he expirat ion of t he period f or which t he agency was const it ut ed. (1732a)
ARTICLE 1920. The principal may revoke t he agency at will, and compel t he agent t o ret urn t he
document evidencing t he agency. Such revocat ion may be express or implied. (1733a)
ARTICLE 1921. If t he agency has been ent rust ed f or t he purpose of cont ract ing wit h specif ied
persons, it s revocat ion shall not prejudice t he lat t er if t hey were not given not ice t hereof . (1734)
ARTICLE 1922. If t he agent had general powers, revocat ion of t he agency does not prejudice t hird
persons who act ed in good f ait h and wit hout knowledge of t he revocat ion. Not ice of t he
revocat ion in a newspaper of general circulat ion is a suf f icient warning t o t hird persons. (n)
ARTICLE 1923. The appoint ment of a new agent f or t he same business or t ransact ion revokes t he
previous agency f rom t he day on which not ice t hereof was given t o t he f ormer agent , wit hout
prejudice t o t he provisions of t he t wo preceding art icles. (1735a)
ARTICLE 1924. The agency is revoked if t he principal direct ly manages t he business ent rust ed t o
t he agent , dealing direct ly wit h t hird persons. (n)
ARTICLE 1925. When t wo or more principals have grant ed a power of at t orney f or a common
t ransact ion, any one of t hem may revoke t he same wit hout t he consent of t he ot hers. (n)
ARTICLE 1926. A general power of at t orney is revoked by a special one grant ed t o anot her agent ,
as regards t he special mat t er involved in t he lat t er. (n)
ARTICLE 1927. An agency cannot be revoked if a bilat eral cont ract depends upon it , or if it is t he
means of f ulf illing an obligat ion already cont ract ed, or if a part ner is appoint ed manager of a
part nership in t he cont ract of part nership and his removal f rom t he management is unjust if iable. (n)
ARTICLE 1928. The agent may wit hdraw f rom t he agency by giving due not ice t o t he principal. If
t he lat t er should suf f er any damage by reason of t he wit hdrawal, t he agent must indemnif y him
t heref or, unless t he agent should base his wit hdrawal upon t he impossibilit y of cont inuing t he
perf ormance of t he agency wit hout grave det riment t o himself . (1736a)
ARTICLE 1929. The agent , even if he should wit hdraw f rom t he agency f or a valid reason, must
cont inue t o act unt il t he principal has had reasonable opport unit y t o t ake t he necessary st eps t o
meet t he sit uat ion. (1737a)
ARTICLE 1930. The agency shall remain in f ull f orce and ef f ect even af t er t he deat h of t he
principal, if it has been const it ut ed in t he common int erest of t he lat t er and of t he agent , or in t he
int erest of a t hird person who has accept ed t he st ipulat ion in his f avor. (n)
ARTICLE 1931. Anyt hing done by t he agent , wit hout knowledge of t he deat h of t he principal or of
any ot her cause which ext inguishes t he agency, is valid and shall be f ully ef f ect ive wit h respect t o
t hird persons who may have cont ract ed wit h him in good f ait h. (1738)
ARTICLE 1932. If t he agent dies, his heirs must not if y t he principal t hereof , and in t he meant ime
adopt such measures as t he circumst ances may demand in t he int erest of t he lat t er. (1739)
TITLE XI
Loan
General Provisions
ARTICLE 1933. By t he cont ract of loan, one of t he part ies delivers t o anot her, eit her somet hing
not consumable so t hat t he lat t er may use t he same f or a cert ain t ime and ret urn it , in which case
t he cont ract is called a commodat um; or money or ot her consumable t hing, upon t he condit ion
t hat t he same amount of t he same kind and qualit y shall be paid, in which case t he cont ract is
simply called a loan or mut uum.
Commodat um is essent ially grat uit ous.
Simple loan may be grat uit ous or wit h a st ipulat ion t o pay int erest .
In commodat um t he bailor ret ains t he ownership of t he t hing loaned, while in simple loan,
ownership passes t o t he borrower. (1740a)
ARTICLE 1934. An accept ed promise t o deliver somet hing by way of commodat um or simple loan
is binding upon t he part ies, but t he commodat um or simple loan it self shall not be perf ect ed unt il
t he delivery of t he object of t he cont ract . (n)
CHAPTER 1
Commodat um
SECTION 1
Nat ure of Commodat um
ARTICLE 1935. The bailee in commodat um acquires t he use of t he t hing loaned but not it s f ruit s; if
any compensat ion is t o be paid by him who acquires t he use, t he cont ract ceases t o be a
commodat um. (1941a)
ARTICLE 1936. Consumable goods may be t he subject of commodat um if t he purpose of t he
cont ract is not t he consumpt ion of t he object , as when it is merely f or exhibit ion. (n)
ARTICLE 1937. Movable or immovable propert y may be t he object of commodat um. (n)
ARTICLE 1938. The bailor in commodat um need not be t he owner of t he t hing loaned. (n)
ARTICLE 1939. Commodat um is purely personal in charact er. Consequent ly:
(1) The deat h of eit her t he bailor or t he bailee ext inguishes t he cont ract ;
(2) The bailee can neit her lend nor lease t he object of t he cont ract t o a t hird person. However, t he
members of t he bailees household may make use of t he t hing loaned, unless t here is a st ipulat ion
t o t he cont rary, or unless t he nat ure of t he t hing f orbids such use. (n)
ARTICLE 1940. A st ipulat ion t hat t he bailee may make use of t he f ruit s of t he t hing loaned is valid.
(n)
SECTION 2
Obligat ions of t he Bailee
ARTICLE 1941. The bailee is obliged t o pay f or t he ordinary expenses f or t he use and preservat ion
of t he t hing loaned. (1743a) mdnsIP
ARTICLE 1942. The bailee is liable f or t he loss of t he t hing, even if it should be t hrough a
f ort uit ous event :
(1) If he devot es t he t hing t o any purpose dif f erent f rom t hat f or which it has been loaned; cd i
(2) If he keeps it longer t han t he period st ipulat ed, or af t er t he accomplishment of t he use f or
which t he commodat um has been const it ut ed;
(3) If t he t hing loaned has been delivered wit h appraisal of it s value, unless t here is a st ipulat ion
exempt ing t he bailee f rom responsibilit y in case of a f ort uit ous event ;
(4) If he lends or leases t he t hing t o a t hird person, who is not a member of his household;
(5) If , being able t o save eit her t he t hing borrowed or his own t hing, he chose t o save t he lat t er.
(1744a and 1745)
ARTICLE 1943. The bailee does not answer f or t he det eriorat ion of t he t hing loaned due only t o
t he use t hereof and wit hout his f ault . (1746)
ARTICLE 1944. The bailee cannot ret ain t he t hing loaned on t he ground t hat t he bailor owes him
somet hing, even t hough it may be by reason of expenses. However, t he bailee has a right of
ret ent ion f or damages ment ioned in art icle 1951. (1747a)
ARTICLE 1945. When t here are t wo or more bailees t o whom a t hing is loaned in t he same
cont ract , t hey are liable solidarily. (1748a)
SECTION 3
Obligat ions of t he Bailor
ARTICLE 1946. The bailor cannot demand t he ret urn of t he t hing loaned t ill af t er t he expirat ion of
t he period st ipulat ed, or af t er t he accomplishment of t he use f or which t he commodat um has
been const it ut ed. However, if in t he meant ime, he should have urgent need of t he t hing, he may
demand it s ret urn or t emporary use.
In case of t emporary use by t he bailor, t he cont ract of commodat um is suspended while t he t hing
is in t he possession of t he bailor. (1749a)
ARTICLE 1947. The bailor may demand t he t hing at will, and t he cont ract ual relat ion is called a
precarium, in t he f ollowing cases:
(1) If neit her t he durat ion of t he cont ract nor t he use t o which t he t hing loaned should be devot ed,
has been st ipulat ed; or
(2) If t he use of t he t hing is merely t olerat ed by t he owner. (1750a)
ARTICLE 1948. The bailor may demand t he immediat e ret urn of t he t hing if t he bailee commit s any
act of ingrat it ude specif ied in art icle 765. (n)
ARTICLE 1949. The bailor shall ref und t he ext raordinary expenses during t he cont ract f or t he
preservat ion of t he t hing loaned, provided t he bailee brings t he same t o t he knowledge of t he
bailor bef ore incurring t hem, except when t hey are so urgent t hat t he reply t o t he not if icat ion
cannot be await ed wit hout danger.
If t he ext raordinary expenses arise on t he occasion of t he act ual use of t he t hing by t he bailee,
even t hough he act ed wit hout f ault , t hey shall be borne equally by bot h t he bailor and t he bailee,
unless t here is a st ipulat ion t o t he cont rary. (1751a)
ARTICLE 1950. If , f or t he purpose of making use of t he t hing, t he bailee incurs expenses ot her
t han t hose ref erred t o in art icles 1941 and 1949, he is not ent it led t o reimbursement . (n)
ARTICLE 1951. The bailor who, knowing t he f laws of t he t hing loaned, does not advise t he bailee
of t he same, shall be liable t o t he lat t er f or t he damages which he may suf f er by reason t hereof .
(1752)
ARTICLE 1952. The bailor cannot exempt himself f rom t he payment of expenses or damages by
abandoning t he t hing t o t he bailee. (n)
CHAPTER 2
Simple Loan or Mut uum
ARTICLE 1953. A person who receives a loan of money or any ot her f ungible t hing acquires t he
ownership t hereof , and is bound t o pay t o t he credit or an equal amount of t he same kind and
qualit y. (1753a)
ARTICLE 1954. A cont ract whereby one person t ransf ers t he ownership of non-f ungible t hings t o
anot her wit h t he obligat ion on t he part of t he lat t er t o give t hings of t he same kind, quant it y, and
qualit y shall be considered a bart er. (n)
ARTICLE 1955. The obligat ion of a person who borrows money shall be governed by t he
provisions of art icles 1249 and 1250 of t his Code.
If what was loaned is a f ungible t hing ot her t han money, t he debt or owes anot her t hing of t he
same kind, quant it y and qualit y, even if it should change in value. In case it is impossible t o deliver
t he same kind, it s value at t he t ime of t he perf ect ion of t he loan shall be paid. (1754a)
ARTICLE 1956. No int erest shall be due unless it has been expressly st ipulat ed in writ ing. (1755a)
ARTICLE 1957. Cont ract s and st ipulat ions, under any cloak or device what ever, int ended t o
circumvent t he laws against usury shall be void. The borrower may recover in accordance wit h t he
laws on usury. (n)
ARTICLE 1958. In t he det erminat ion of t he int erest , if it is payable in kind, it s value shall be
appraised at t he current price of t he product s or goods at t he t ime and place of payment . (n)
ARTICLE 1959. Wit hout prejudice t o t he provisions of art icle 2212, int erest due and unpaid shall
not earn int erest . However, t he cont ract ing part ies may by st ipulat ion capit alize t he int erest due
and unpaid, which as added principal, shall earn new int erest . (n)
ARTICLE 1960. If t he borrower pays int erest when t here has been no st ipulat ion t heref or, t he
provisions of t his Code concerning solut io indebit i, or nat ural obligat ions, shall be applied, as t he
case may be. (n)
ARTICLE 1961. Usurious cont ract s shall be governed by t he Usury Law and ot her special laws, so
f ar as t hey are not inconsist ent wit h t his Code. (n)
TITLE XII
Deposit
CHAPTER 1
Deposit in General and it s Dif f erent Kinds
ARTICLE 1962. A deposit is const it ut ed f rom t he moment a person receives a t hing belonging t o
anot her, wit h t he obligat ion of saf ely keeping it and of ret urning t he same. If t he saf ekeeping of
t he t hing delivered is not t he principal purpose of t he cont ract , t here is no deposit but some ot her
cont ract . (1758a)
ARTICLE 1963. An agreement t o const it ut e a deposit is binding, but t he deposit it self is not
perf ect ed unt il t he delivery of t he t hing. (n)
ARTICLE 1964. A deposit may be const it ut ed judicially or ext rajudicially. (1759)
ARTICLE 1965. A deposit is a grat uit ous cont ract , except when t here is an agreement t o t he
cont rary, or unless t he deposit ary is engaged in t he business of st oring goods. (1760a)
ARTICLE 1966. Only movable t hings may be t he object of a deposit . (1761)
ARTICLE 1967. An ext rajudicial deposit is eit her volunt ary or necessary. (1762)
CHAPTER 2
Volunt ary Deposit
SECTION 1
General Provisions
ARTICLE 1968. A volunt ary deposit is t hat wherein t he delivery is made by t he will of t he deposit or.
A deposit may also be made by t wo or more persons each of whom believes himself ent it led t o
t he t hing deposit ed wit h a t hird person, who shall deliver it in a proper case t o t he one t o whom it
belongs. (1763)
ARTICLE 1969. A cont ract of deposit may be ent ered int o orally or in writ ing. (n)
ARTICLE 1970. If a person having capacit y t o cont ract accept s a deposit made by one who is
incapacit at ed, t he f ormer shall be subject t o all t he obligat ions of a deposit ary, and may be
compelled t o ret urn t he t hing by t he guardian, or administ rat or, of t he person who made t he
deposit , or by t he lat t er himself if he should acquire capacit y. (1764)
ARTICLE 1971. If t he deposit has been made by a capacit at ed person wit h anot her who is not , t he
deposit or shall only have an act ion t o recover t he t hing deposit ed while it is st ill in t he possession
of t he deposit ary, or t o compel t he lat t er t o pay him t he amount by which he may have enriched or
benef it ed himself wit h t he t hing or it s price. However, if a t hird person who acquired t he t hing
act ed in bad f ait h, t he deposit or may bring an act ion against him f or it s recovery. (1765a)
SECTION 2
Obligat ions of t he Deposit ary
ARTICLE 1972. The deposit ary is obliged t o keep t he t hing saf ely and t o ret urn it , when required,
t o t he deposit or, or t o his heirs and successors, or t o t he person who may have been designat ed
in t he cont ract . His responsibilit y, wit h regard t o t he saf ekeeping and t he loss of t he t hing, shall be
governed by t he provisions of Tit le I of t his Book.
If t he deposit is grat uit ous, t his f act shall be t aken int o account in det ermining t he degree of care
t hat t he deposit ary must observe. (1766a)
ARTICLE 1973. Unless t here is a st ipulat ion t o t he cont rary, t he deposit ary cannot deposit t he
t hing wit h a t hird person. If deposit wit h a t hird person is allowed, t he deposit ary is liable f or t he
loss if he deposit ed t he t hing wit h a person who is manif est ly careless or unf it . The deposit ary is
responsible f or t he negligence of his employees. (n)
ARTICLE 1974. The deposit ary may change t he way of t he deposit if under t he circumst ances he
may reasonably presume t hat t he deposit or would consent t o t he change if he knew of t he f act s
of t he sit uat ion. However, bef ore t he deposit ary may make such change, he shall not if y t he
deposit or t hereof and wait f or his decision, unless delay would cause danger. (n)
ARTICLE 1975. The deposit ary holding cert if icat es, bonds, securit ies or inst rument s which earn
int erest shall be bound t o collect t he lat t er when it becomes due, and t o t ake such st eps as may
be necessary in order t hat t he securit ies may preserve t heir value and t he right s corresponding t o
t hem according t o law.
The above provision shall not apply t o cont ract s f or t he rent of saf et y deposit boxes. (n)
ARTICLE 1976. Unless t here is a st ipulat ion t o t he cont rary, t he deposit ary may commingle grain or
ot her art icles of t he same kind and qualit y, in which case t he various deposit ors shall own or have
a proport ionat e int erest in t he mass. (n)
ARTICLE 1977. The deposit ary cannot make use of t he t hing deposit ed wit hout t he express
permission of t he deposit or.
Ot herwise, he shall be liable f or damages.
However, when t he preservat ion of t he t hing deposit ed requires it s use, it must be used but only
f or t hat purpose. (1767a)
ARTICLE 1978. When t he deposit ary has permission t o use t he t hing deposit ed, t he cont ract loses
t he concept of a deposit and becomes a loan or commodat um, except where saf ekeeping is st ill
t he principal purpose of t he cont ract .
The permission shall not be presumed, and it s exist ence must be proved. (1768a)
ARTICLE 1979. The deposit ary is liable f or t he loss of t he t hing t hrough a f ort uit ous event :
(1) If it is so st ipulat ed;
(2) If he uses t he t hing wit hout t he deposit ors permission;
(3) If he delays it s ret urn;
(4) If he allows ot hers t o use it , even t hough he himself may have been aut horized t o use t he
same. (n)
ARTICLE 1980. Fixed, savings, and current deposit s of money in banks and similar inst it ut ions shall
be governed by t he provisions concerning simple loan. (n)
ARTICLE 1981. When t he t hing deposit ed is delivered closed and sealed, t he deposit ary must
ret urn it in t he same condit ion, and he shall be liable f or damages should t he seal or lock be broken
t hrough his f ault .
Fault on t he part of t he deposit ary is presumed, unless t here is proof t o t he cont rary.
As regards t he value of t he t hing deposit ed, t he st at ement of t he deposit or shall be accept ed,
when t he f orcible opening is imput able t o t he deposit ary, should t here be no proof t o t he cont rary.
However, t he court s may pass upon t he credibilit y of t he deposit or wit h respect t o t he value
claimed by him.
When t he seal or lock is broken, wit h or wit hout t he deposit arys f ault , he shall keep t he secret of
t he deposit . (1769a)
ARTICLE 1982. When it becomes necessary t o open a locked box or recept acle, t he deposit ary is
presumed aut horized t o do so, if t he key has been delivered t o him; or when t he inst ruct ions of
t he deposit or as regards t he deposit cannot be execut ed wit hout opening t he box or recept acle.
(n)
ARTICLE 1983. The t hing deposit ed shall be ret urned wit h all it s product s, accessories and
accessions.
Should t he deposit consist of money, t he provisions relat ive t o agent s in art icle 1896 shall be
applied t o t he deposit ary. (1770)
ARTICLE 1984. The deposit ary cannot demand t hat t he deposit or prove his ownership of t he
t hing deposit ed.
Nevert heless, should he discover t hat t he t hing has been st olen and who it s t rue owner is, he must
advise t he lat t er of t he deposit .
If t he owner, in spit e of such inf ormat ion, does not claim it wit hin t he period of one mont h, t he
deposit ary shall be relieved of all responsibilit y by ret urning t he t hing deposit ed t o t he deposit or.
If t he deposit ary has reasonable grounds t o believe t hat t he t hing has not been lawf ully acquired
by t he deposit or, t he f ormer may ret urn t he same. (1771a)
ARTICLE 1985. When t here are t wo or more deposit ors, if t hey are not solidary, and t he t hing
admit s of division, each one cannot demand more t han his share.
When t here is solidarit y or t he t hing does not admit of division, t he provisions of art icles 1212 and
1214 shall govern. However, if t here is a st ipulat ion t hat t he t hing should be ret urned t o one of t he
deposit ors, t he deposit ary shall ret urn it only t o t he person designat ed. (1772a)
ARTICLE 1986. If t he deposit or should lose his capacit y t o cont ract af t er having made t he deposit ,
t he t hing cannot be ret urned except t o t he persons who may have t he administ rat ion of his
propert y and right s. (1773)
ARTICLE 1987. If at t he t ime t he deposit was made a place was designat ed f or t he ret urn of t he
t hing, t he deposit ary must t ake t he t hing deposit ed t o such place; but t he expenses f or
t ransport at ion shall be borne by t he deposit or.
If no place has been designat ed f or t he ret urn, it shall be made where t he t hing deposit ed may be,
even if it should not be t he same place where t he deposit was made, provided t hat t here was no
malice on t he part of t he deposit ary. (1774)
ARTICLE 1988. The t hing deposit ed must be ret urned t o t he deposit or upon demand, even t hough
a specif ied period or t ime f or such ret urn may have been f ixed.
This provision shall not apply when t he t hing is judicially at t ached while in t he deposit arys
possession, or should he have been not if ied of t he opposit ion of a t hird person t o t he ret urn or
t he removal of t he t hing deposit ed. In t hese cases, t he deposit ary must immediat ely inf orm t he
deposit or of t he at t achment or opposit ion. (1775)
ARTICLE 1989. Unless t he deposit is f or a valuable considerat ion, t he deposit ary who may have
just if iable reasons f or not keeping t he t hing deposit ed may, even bef ore t he t ime designat ed,
ret urn it t o t he deposit or; and if t he lat t er should ref use t o receive it , t he deposit ary may secure it s
consignat ion f rom t he court . (1776a)
ARTICLE 1990. If t he deposit ary by f orce majeure or government order loses t he t hing and
receives money or anot her t hing in it s place, he shall deliver t he sum or ot her t hing t o t he
deposit or. (1777a)
ARTICLE 1991. The deposit ors heir who in good f ait h may have sold t he t hing which he did not
know was deposit ed, shall only be bound t o ret urn t he price he may have received or t o assign his
right of act ion against t he buyer in case t he price has not been paid him. (1778)
SECTION 3
Obligat ions of t he Deposit or
ARTICLE 1992. If t he deposit is grat uit ous, t he deposit or is obliged t o reimburse t he deposit ary f or
t he expenses he may have incurred f or t he preservat ion of t he t hing deposit ed. (1779a)
ARTICLE 1993. The deposit or shall reimburse t he deposit ary f or any loss arising f rom t he
charact er of t he t hing deposit ed, unless at t he t ime of t he const it ut ion of t he deposit t he f ormer
was not aware of , or was not expect ed t o know t he dangerous charact er of t he t hing, or unless
he not if ied t he deposit ary of t he same, or t he lat t er was aware of it wit hout advice f rom t he
deposit or. (n)
ARTICLE 1994. The deposit ary may ret ain t he t hing in pledge unt il t he f ull payment of what may be
due him by reason of t he deposit . (1780)
ARTICLE 1995. A deposit is ext inguished:
(1) Upon t he loss or dest ruct ion of t he t hing deposit ed;
(2) In case of a grat uit ous deposit , upon t he deat h of eit her t he deposit or or t he deposit ary. (n)
CHAPTER 3
Necessary Deposit
ARTICLE 1996. A deposit is necessary:
(1) When it is made in compliance wit h a legal obligat ion;
(2) When it t akes place on t he occasion of any calamit y, such as f ire, st orm, f lood, pillage,
shipwreck, or ot her similar event s. (1781a)
ARTICLE 1997. The deposit ref erred t o in No. 1 of t he preceding art icle shall be governed by t he
provisions of t he law est ablishing it , and in case of it s def iciency, by t he rules on volunt ary deposit .
The deposit ment ioned in No. 2 of t he preceding art icle shall be regulat ed by t he provisions
concerning volunt ary deposit and by art icle 2168. (1782)
ARTICLE 1998. The deposit of ef f ect s made by t ravellers in hot els or inns shall also be regarded as
necessary. The keepers of hot els or inns shall be responsible f or t hem as deposit aries, provided
t hat not ice was given t o t hem, or t o t heir employees, of t he ef f ect s brought by t he guest s and
t hat , on t he part of t he lat t er, t hey t ake t he precaut ions which said hot el-keepers or t heir
subst it ut es advised relat ive t o t he care and vigilance of t heir ef f ect s. (1783)
ARTICLE 1999. The hot el-keeper is liable f or t he vehicles, animals and art icles which have been
int roduced or placed in t he annexes of t he hot el. (n)
ARTICLE 2000. The responsibilit y ref erred t o in t he t wo preceding art icles shall include t he loss of ,
or injury t o t he personal propert y of t he guest s caused by t he servant s or employees of t he
keepers of hot els or inns as well as by st rangers; but not t hat which may proceed f rom any f orce
majeure. The f act t hat t ravellers are const rained t o rely on t he vigilance of t he keeper of t he hot el
or inn shall be considered in det ermining t he degree of care required of him. (1784a)
ARTICLE 2001. The act of a t hief or robber, who has ent ered t he hot el is not deemed f orce
majeure, unless it is done wit h t he use of arms or t hrough an irresist ible f orce. (n)
ARTICLE 2002. The hot el-keeper is not liable f or compensat ion if t he loss is due t o t he act s of t he
guest , his f amily, servant s or visit ors, or if t he loss arises f rom t he charact er of t he t hings brought
int o t he hot el. (n)
ARTICLE 2003. The hot el-keeper cannot f ree himself f rom responsibilit y by post ing not ices t o t he
ef f ect t hat he is not liable f or t he art icles brought by t he guest . Any st ipulat ion bet ween t he hot el-
keeper and t he guest whereby t he responsibilit y of t he f ormer as set f ort h in art icles 1998 t o 2001
is suppressed or diminished shall be void. (n)
ARTICLE 2004. The hot el-keeper has a right t o ret ain t he t hings brought int o t he hot el by t he
guest , as a securit y f or credit s on account of lodging, and supplies usually f urnished t o hot el
guest s. (n)
CHAPTER 4
Sequest rat ion or Judicial Deposit
ARTICLE 2005. A judicial deposit or sequest rat ion t akes place when an at t achment or seizure of
propert y in lit igat ion is ordered. (1785)
ARTICLE 2006. Movable as well as immovable propert y may be t he object of sequest rat ion. (1786)
ARTICLE 2007. The deposit ary of propert y or object s sequest rat ed cannot be relieved of his
responsibilit y unt il t he cont roversy which gave rise t heret o has come t o an end, unless t he court
so orders. (1787a)
ARTICLE 2008. The deposit ary of propert y sequest rat ed is bound t o comply, wit h respect t o t he
same, wit h all t he obligat ions of a good f at her of a f amily. (1788)
ARTICLE 2009. As t o mat t ers not provided f or in t his Code, judicial sequest rat ion shall be
governed by t he Rules of Court . (1789a)
TITLE XIII
Aleat ory Cont ract s
General Provision
ARTICLE 2010. By an aleat ory cont ract , one of t he part ies or bot h reciprocally bind t hemselves t o
give or t o do somet hing in considerat ion of what t he ot her shall give or do upon t he happening of
an event which is uncert ain, or which is t o occur at an indet erminat e t ime. (1790)
CHAPTER 1
Insurance
ARTICLE 2011. The cont ract of insurance is governed by special laws. Mat t ers not expressly
provided f or in such special laws shall be regulat ed by t his Code. (n)
ARTICLE 2012. Any person who is f orbidden f rom receiving any donat ion under art icle 739 cannot
be named benef iciary of a lif e insurance policy by t he person who cannot make any donat ion t o
him, according t o said art icle. (n)
CHAPTER 2
Gambling
ARTICLE 2013. A game of chance is t hat which depends more on chance or hazard t han or skill or
abilit y. For t he purposes of t he f ollowing art icles, in case of doubt a game is deemed t o be one of
chance. (n)
ARTICLE 2014. No act ion can be maint ained by t he winner f or t he collect ion of what he has won in
a game of chance. But any loser in a game of chance may recover his loss f rom t he winner, wit h
legal int erest f rom t he t ime he paid t he amount lost , and subsidiarily f rom t he operat or or manager
of t he gambling house. (1799a)
ARTICLE 2015. If cheat ing or deceit is commit t ed by t he winner, he, and subsidiarily t he operat or or
manager of t he gambling house, shall pay by way of exemplary damages, not less t han t he
equivalent of t he sum lost , in addit ion t o t he lat t er amount . If bot h t he winner and t he loser have
perpet rat ed f raud, no act ion f or recovery can be brought by eit her. (n)
ARTICLE 2016. If t he loser ref uses or neglect s t o bring an act ion t o recover what has been lost , his
or her credit ors, spouse, descendant s or ot her persons ent it led t o be support ed by t he loser may
inst it ut e t he act ion. The sum t hereby obt ained shall be applied t o t he credit ors claims, or t o t he
support of t he spouse or relat ives, as t he case may be. (n)
ARTICLE 2017. The provisions of art icles 2014 and 2016 apply when t wo or more persons bet in a
game of chance, alt hough t hey t ake no act ive part in t he game it self . (1799a)
ARTICLE 2018. If a cont ract which purport s t o be f or t he delivery of goods, securit ies or shares of
st ock is ent ered int o wit h t he int ent ion t hat t he dif f erence bet ween t he price st ipulat ed and t he
exchange or market price at t he t ime of t he pret ended delivery shall be paid by t he loser t o t he
winner, t he t ransact ion is null and void. The loser may recover what he has paid. (n)
ARTICLE 2019. Bet t ing on t he result of sport s, at hlet ic compet it ions, or games of skill may be
prohibit ed by local ordinances. (n)
ARTICLE 2020. The loser in any game which is not one of chance, when t here is no local ordinance
which prohibit s bet t ing t herein, is under obligat ion t o pay his loss, unless t he amount t hereof is
excessive under t he circumst ances. In t he lat t er case, t he court shall reduce t he loss t o t he proper
sum. (1801a) merimo
CHAPTER 3
Lif e Annuit y
ARTICLE 2021. The aleat ory cont ract of lif e annuit y binds t he debt or t o pay an annual pension or
income during t he lif e of one or more det erminat e persons in considerat ion of a capit al consist ing
of money or ot her propert y, whose ownership is t ransf erred t o him at once wit h t he burden of t he
income. (1802a)
ARTICLE 2022. The annuit y may be const it ut ed upon t he lif e of t he person who gives t he capit al,
upon t hat of a t hird person, or upon t he lives of various persons, all of whom must be living at t he
t ime t he annuit y is est ablished.
It may also be const it ut ed in f avor of t he person or persons upon whose lif e or lives t he cont ract is
ent ered int o, or in f avor of anot her or ot her persons. (1803a)
ARTICLE 2023. Lif e annuit y shall be void if const it ut ed upon t he lif e of a person who was already
dead at t he t ime t he cont ract was ent ered int o, or who was at t hat t ime suf f ering f rom an illness
which caused his deat h wit hin t went y days f ollowing said dat e. (1804)
ARTICLE 2024. The lack of payment of t he income due does not aut horize t he recipient of t he lif e
annuit y t o demand t he reimbursement of t he capit al or t o ret ake possession of t he propert y
alienat ed, unless t here is a st ipulat ion t o t he cont rary; he shall have only a right judicially t o claim
t he payment of t he income in arrears and t o require a securit y f or t he f ut ure income, unless t here
is a st ipulat ion t o t he cont rary. (1805a)
ARTICLE 2025. The income corresponding t o t he year in which t he person enjoying it dies shall be
paid in proport ion t o t he days during which he lived; if t he income should be paid by inst allment s in
advance, t he whole amount of t he inst allment which began t o run during his lif e shall be paid.
(1806)
ARTICLE 2026. He who const it ut es an annuit y by grat uit ous t it le upon his propert y, may provide at
t he t ime t he annuit y is est ablished t hat t he same shall not be subject t o execut ion or at t achment
on account of t he obligat ions of t he recipient of t he annuit y. If t he annuit y was const it ut ed in
f raud of credit ors, t he lat t er may ask f or t he execut ion or at t achment of t he propert y. (1807a)
ARTICLE 2027. No annuit y shall be claimed wit hout f irst proving t he exist ence of t he person upon
whose lif e t he annuit y is const it ut ed. (1808)
TITLE XIV
Compromises and Arbit rat ions
CHAPTER 1
Compromises
ARTICLE 2028. A compromise is a cont ract whereby t he part ies, by making reciprocal concessions,
avoid a lit igat ion or put an end t o one already commenced. (1809a)
ARTICLE 2029. The court shall endeavor t o persuade t he lit igant s in a civil case t o agree upon
some f air compromise. (n)
ARTICLE 2030. Every civil act ion or proceeding shall be suspended:
(1) If willingness t o discuss a possible compromise is expressed by one or bot h part ies; or
(2) If it appears t hat one of t he part ies, bef ore t he commencement of t he act ion or proceeding,
of f ered t o discuss a possible compromise but t he ot her part y ref used t he of f er.
The durat ion and t erms of t he suspension of t he civil act ion or proceeding and similar mat t ers shall
be governed by such provisions of t he rules of court as t he Supreme Court shall promulgat e. Said
rules of court shall likewise provide f or t he appoint ment and dut ies of amicable compounders. (n)
ARTICLE 2031. The court s may mit igat e t he damages t o be paid by t he losing part y who has
shown a sincere desire f or a compromise. (n)
ARTICLE 2032. The court s approval is necessary in compromises ent ered int o by guardians,
parent s, absent ees represent at ives, and administ rat ors or execut ors of decedent s est at es.
(1810a)
ARTICLE 2033. Juridical persons may compromise only in t he f orm and wit h t he requisit es which
may be necessary t o alienat e t heir propert y. (1812a)
ARTICLE 2034. There may be a compromise upon t he civil liabilit y arising f rom an of f ense; but such
compromise shall not ext inguish t he public act ion f or t he imposit ion of t he legal penalt y. (1813)
ARTICLE 2035. No compromise upon t he f ollowing quest ions shall be valid:
(1) The civil st at us of persons;
(2) The validit y of a marriage or a legal separat ion;
(3) Any ground f or legal separat ion;
(4) Fut ure support ;
(5) The jurisdict ion of court s;
(6) Fut ure legit ime. (1814a)
ARTICLE 2036. A compromise comprises only t hose object s which are def init ely st at ed t herein, or
which by necessary implicat ion f rom it s t erms should be deemed t o have been included in t he
same.
A general renunciat ion of right s is underst ood t o ref er only t o t hose t hat are connect ed wit h t he
disput e which was t he subject of t he compromise. (1815)
ARTICLE 2037. A compromise has upon t he part ies t he ef f ect and aut horit y of res judicat a; but
t here shall be no execut ion except in compliance wit h a judicial compromise. (1816)
ARTICLE 2038. A compromise in which t here is mist ake, f raud, violence, int imidat ion, undue
inf luence, or f alsit y of document s, is subject t o t he provisions of art icle 1330 of t his Code.
However, one of t he part ies cannot set up a mist ake of f act as against t he ot her if t he lat t er, by
virt ue of t he compromise, has wit hdrawn f rom a lit igat ion already commenced. (1817a)
ARTICLE 2039. When t he part ies compromise generally on all dif f erences which t hey might have
wit h each ot her, t he discovery of document s ref erring t o one or more but not t o all of t he
quest ions set t led shall not it self be a cause f or annulment or rescission of t he compromise, unless
said document s have been concealed by one of t he part ies.
But t he compromise may be annulled or rescinded if it ref ers only t o one t hing t o which one of t he
part ies has no right , as shown by t he newly-discovered document s. (n)
ARTICLE 2040. If af t er a lit igat ion has been decided by a f inal judgment , a compromise should be
agreed upon, eit her or bot h part ies being unaware of t he exist ence of t he f inal judgment , t he
compromise may be rescinded.
Ignorance of a judgment which may be revoked or set aside is not a valid ground f or at t acking a
compromise. (1819a)
ARTICLE 2041. If one of t he part ies f ails or ref uses t o abide by t he compromise, t he ot her part y
may eit her enf orce t he compromise or regard it as rescinded and insist upon his original demand.
(n) acd
CHAPTER 2
Arbit rat ions
ARTICLE 2042. The same persons who may ent er int o a compromise may submit t heir
cont roversies t o one or more arbit rat ors f or decision. (1820a)
ARTICLE 2043. The provisions of t he preceding Chapt er upon compromises shall also be
applicable t o arbit rat ions. (1821a)
ARTICLE 2044. Any st ipulat ion t hat t he arbit rat ors award or decision shall be f inal, is valid, wit hout
prejudice t o art icles 2038, 2039, and 2040. (n)
ARTICLE 2045. Any clause giving one of t he part ies power t o choose more arbit rat ors t han t he
ot her is void and of no ef f ect . (n)
ARTICLE 2046. The appoint ment of arbit rat ors and t he procedure f or arbit rat ion shall be governed
by t he provisions of such rules of court as t he Supreme Court shall promulgat e. (n)
TITLE XV
Guarant y
CHAPTER 1
Nat ure and Ext ent of Guarant y
ARTICLE 2047. By guarant y a person, called t he guarant or, binds himself t o t he credit or t o f ulf ill
t he obligat ion of t he principal debt or in case t he lat t er should f ail t o do so.
If a person binds himself solidarily wit h t he principal debt or, t he provisions of Sect ion 4, Chapt er 3,
Tit le I of t his Book shall be observed. In such case t he cont ract is called a suret yship. (1822a)
ARTICLE 2048. A guarant y is grat uit ous, unless t here is a st ipulat ion t o t he cont rary. (n)
ARTICLE 2049. A married woman may guarant ee an obligat ion wit hout t he husbands consent , but
shall not t hereby bind t he conjugal part nership, except in cases provided by law. (n)
ARTICLE 2050. If a guarant y is ent ered int o wit hout t he knowledge or consent , or against t he will
of t he principal debt or, t he provisions of art icles 1236 and 1237 shall apply. (n)
ARTICLE 2051. A guarant y may be convent ional, legal or judicial, grat uit ous, or by onerous t it le.
It may also be const it ut ed, not only in f avor of t he principal debt or, but also in f avor of t he ot her
guarant or, wit h t he lat t ers consent , or wit hout his knowledge, or even over his object ion. (1823)
ARTICLE 2052. A guarant y cannot exist wit hout a valid obligat ion.
Nevert heless, a guarant y may be const it ut ed t o guarant ee t he perf ormance of a voidable or an
unenf orceable cont ract . It may also guarant ee a nat ural obligat ion. (1824a)
ARTICLE 2053. A guarant y may also be given as securit y f or f ut ure debt s, t he amount of which is
not yet known; t here can be no claim against t he guarant or unt il t he debt is liquidat ed. A
condit ional obligat ion may also be secured. (1825a)
ARTICLE 2054. A guarant or may bind himself f or less, but not f or more t han t he principal debt or,
bot h as regards t he amount and t he onerous nat ure of t he condit ions.
Should he have bound himself f or more, his obligat ions shall be reduced t o t he limit s of t hat of t he
debt or. (1826)
ARTICLE 2055. A guarant y is not presumed; it must be express and cannot ext end t o more t han
what is st ipulat ed t herein.
If it be simple or indef init e, it shall comprise not only t he principal obligat ion, but also all it s
accessories, including t he judicial cost s, provided wit h respect t o t he lat t er, t hat t he guarant or shall
only be liable f or t hose cost s incurred af t er he has been judicially required t o pay. (1827a)
ARTICLE 2056. One who is obliged t o f urnish a guarant or shall present a person who possesses
int egrit y, capacit y t o bind himself , and suf f icient propert y t o answer f or t he obligat ion which he
guarant ees. The guarant or shall be subject t o t he jurisdict ion of t he court of t he place where t his
obligat ion is t o be complied wit h. (1828a)
ARTICLE 2057. If t he guarant or should be convict ed in f irst inst ance of a crime involving
dishonest y or should become insolvent , t he credit or may demand anot her who has all t he
qualif icat ions required in t he preceding art icle. The case is except ed where t he credit or has
required and st ipulat ed t hat a specif ied person should be t he guarant or. (1829a)
CHAPTER 2
Ef f ect s of Guarant y
SECTION 1
Ef f ect s of Guarant y Bet ween t he Guarant or and t he Credit or
ARTICLE 2058. The guarant or cannot be compelled t o pay t he credit or unless t he lat t er has
exhaust ed all t he propert y of t he debt or, and has resort ed t o all t he legal remedies against t he
debt or. (1830a)
ARTICLE 2059. This excussion shall not t ake place:
(1) If t he guarant or has expressly renounced it ;
(2) If he has bound himself solidarily wit h t he debt or;
(3) In case of insolvency of t he debt or;
(4) When he has absconded, or cannot be sued wit hin t he Philippines unless he has lef t a manager
or represent at ive;
(5) If it may be presumed t hat an execut ion on t he propert y of t he principal debt or would not result
in t he sat isf act ion of t he obligat ion. (1831a)
ARTICLE 2060. In order t hat t he guarant or may make use of t he benef it of excussion, he must set
it up against t he credit or upon t he lat t ers demand f or payment f rom him, and point out t o t he
credit or available propert y of t he debt or wit hin Philippine t errit ory, suf f icient t o cover t he amount
of t he debt . (1832)
ARTICLE 2061. The guarant or having f ulf illed all t he condit ions required in t he preceding art icle, t he
credit or who is negligent in exhaust ing t he propert y point ed out shall suf f er t he loss, t o t he ext ent
of said propert y, f or t he insolvency of t he debt or result ing f rom such negligence. (1833a)
ARTICLE 2062. In every act ion by t he credit or, which must be against t he principal debt or alone,
except in t he cases ment ioned in art icle 2059, t he f ormer shall ask t he court t o not if y t he
guarant or of t he act ion. The guarant or may appear so t hat he may, if he so desire, set up such
def enses as are grant ed him by law. The benef it of excussion ment ioned in art icle 2058 shall
always be unimpaired, even if judgment should be rendered against t he principal debt or and t he
guarant or in case of appearance by t he lat t er. (1834a)
ARTICLE 2063. A compromise bet ween t he credit or and t he principal debt or benef it s t he
guarant or but does not prejudice him. That which is ent ered int o bet ween t he guarant or and t he
credit or benef it s but does not prejudice t he principal debt or. (1835a)
ARTICLE 2064. The guarant or of a guarant or shall enjoy t he benef it of excussion, bot h wit h
respect t o t he guarant or and t o t he principal debt or. (1836)
ARTICLE 2065. Should t here be several guarant ors of only one debt or and f or t he same debt , t he
obligat ion t o answer f or t he same is divided among all. The credit or cannot claim f rom t he
guarant ors except t he shares which t hey are respect ively bound t o pay, unless solidarit y has been
expressly st ipulat ed.
The benef it of division against t he co-guarant ors ceases in t he same cases and f or t he same
reasons as t he benef it of excussion against t he principal debt or. (1837)
SECTION 2
Ef f ect s of Guarant y Bet ween t he Debt or and t he Guarant or
ARTICLE 2066. The guarant or who pays f or a debt or must be indemnif ied by t he lat t er.
The indemnit y comprises:
(1) The t ot al amount of t he debt ;
(2) The legal int erest s t hereon f rom t he t ime t he payment was made known t o t he debt or, even
t hough it did not earn int erest f or t he credit or;
(3) The expenses incurred by t he guarant or af t er having not if ied t he debt or t hat payment had
been demanded of him;
(4) Damages, if t hey are due. (1838a)
ARTICLE 2067. The guarant or who pays is subrogat ed by virt ue t hereof t o all t he right s which t he
credit or had against t he debt or.
If t he guarant or has compromised wit h t he credit or, he cannot demand of t he debt or more t han
what he has really paid. (1839)
ARTICLE 2068. If t he guarant or should pay wit hout not if ying t he debt or, t he lat t er may enf orce
against him all t he def enses which he could have set up against t he credit or at t he t ime t he
payment was made. (1840)
ARTICLE 2069. If t he debt was f or a period and t he guarant or paid it bef ore it became due, he
cannot demand reimbursement of t he debt or unt il t he expirat ion of t he period unless t he payment
has been rat if ied by t he debt or. (1841a)
ARTICLE 2070. If t he guarant or has paid wit hout not if ying t he debt or, and t he lat t er not being
aware of t he payment , repeat s t he payment , t he f ormer has no remedy what ever against t he
debt or, but only against t he credit or. Nevert heless, in case of a grat uit ous guarant y, if t he
guarant or was prevent ed by a f ort uit ous event f rom advising t he debt or of t he payment , and t he
credit or becomes insolvent , t he debt or shall reimburse t he guarant or f or t he amount paid. (1842a)
ARTICLE 2071. The guarant or, even bef ore having paid, may proceed against t he principal debt or:
t iddde
(1) When he is sued f or t he payment ;
(2) In case of insolvency of t he principal debt or;
(3) When t he debt or has bound himself t o relieve him f rom t he guarant y wit hin a specif ied period,
and t his period has expired;
(4) When t he debt has become demandable, by reason of t he expirat ion of t he period f or
payment ;
(5) Af t er t he lapse of t en years, when t he principal obligat ion has no f ixed period f or it s mat urit y,
unless it be of such nat ure t hat it cannot be ext inguished except wit hin a period longer t han t en
years;
(6) If t here are reasonable grounds t o f ear t hat t he principal debt or int ends t o abscond;
(7) If t he principal debt or is in imminent danger of becoming insolvent .
In all t hese cases, t he act ion of t he guarant or is t o obt ain release f rom t he guarant y, or t o demand
a securit y t hat shall prot ect him f rom any proceedings by t he credit or and f rom t he danger of
insolvency of t he debt or. (1843a)
ARTICLE 2072. If one, at t he request of anot her, becomes a guarant or f or t he debt of a t hird
person who is not present , t he guarant or who sat isf ies t he debt may sue eit her t he person so
request ing or t he debt or f or reimbursement . (n)
SECTION 3
Ef f ect s of Guarant y as Bet ween Co-Guarant ors
ARTICLE 2073. When t here are t wo or more guarant ors of t he same debt or and f or t he same
debt , t he one among t hem who has paid may demand of each of t he ot hers t he share which is
proport ionally owing f rom him.
If any of t he guarant ors should be insolvent , his share shall be borne by t he ot hers, including t he
payer, in t he same proport ion.
The provisions of t his art icle shall not be applicable, unless t he payment has been made in virt ue
of a judicial demand or unless t he principal debt or is insolvent . (1844a)
ARTICLE 2074. In t he case of t he preceding art icle, t he co-guarant ors may set up against t he one
who paid, t he same def enses which would have pert ained t o t he principal debt or against t he
credit or, and which are not purely personal t o t he debt or. (1845)
ARTICLE 2075. A sub-guarant or, in case of t he insolvency of t he guarant or f or whom he bound
himself , is responsible t o t he co-guarant ors in t he same t erms as t he guarant or. (1846)
CHAPTER 3
Ext inguishment of Guarant y
ARTICLE 2076. The obligat ion of t he guarant or is ext inguished at t he same t ime as t hat of t he
debt or, and f or t he same causes as all ot her obligat ions. (1847)
ARTICLE 2077. If t he credit or volunt arily accept s immovable or ot her propert y in payment of t he
debt , even if he should af t erwards lose t he same t hrough evict ion, t he guarant or is released.
(1849)
ARTICLE 2078. A release made by t he credit or in f avor of one of t he guarant ors, wit hout t he
consent of t he ot hers, benef it s all t o t he ext ent of t he share of t he guarant or t o whom it has
been grant ed. (1850)
ARTICLE 2079. An ext ension grant ed t o t he debt or by t he credit or wit hout t he consent of t he
guarant or ext inguishes t he guarant y. The mere f ailure on t he part of t he credit or t o demand
payment af t er t he debt has become due does not of it self const it ut e any ext ension of t ime
ref erred t o herein. (1851a)
ARTICLE 2080. The guarant ors, even t hough t hey be solidary, are released f rom t heir obligat ion
whenever by some act of t he credit or t hey cannot be subrogat ed t o t he right s, mort gages, and
pref erences of t he lat t er. (1852)
ARTICLE 2081. The guarant or may set up against t he credit or all t he def enses which pert ain t o
t he principal debt or and are inherent in t he debt ; but not t hose t hat are purely personal t o t he
debt or. (1853)
CHAPTER 4
Legal and Judicial Bonds
ARTICLE 2082. The bondsman who is t o be of f ered in virt ue of a provision of law or of a judicial
order shall have t he qualif icat ions prescribed in art icle 2056 and in special laws. (1854a)
ARTICLE 2083. If t he person bound t o give a bond in t he cases of t he preceding art icle, should not
be able t o do so, a pledge or mort gage considered suf f icient t o cover his obligat ion shall be
admit t ed in lieu t hereof . (1855)
ARTICLE 2084. A judicial bondsman cannot demand t he exhaust ion of t he propert y of t he principal
debt or.
A sub-suret y in t he same case, cannot demand t he exhaust ion of t he propert y of t he debt or or of
t he suret y.
TITLE XVI
Pledge, Mort gage and Ant ichresis
CHAPTER 1
Provisions Common t o Pledge and Mort gage
ARTICLE 2085. The f ollowing requisit es are essent ial t o t he cont ract s of pledge and mort gage:
dt edru
(1) That t hey be const it ut ed t o secure t he f ulf illment of a principal obligat ion;
(2) That t he pledgor or mort gagor be t he absolut e owner of t he t hing pledged or mort gaged;
(3) That t he persons const it ut ing t he pledge or mort gage have t he f ree disposal of t heir propert y,
and in t he absence t hereof , t hat t hey be legally aut horized f or t he purpose.
Third persons who are not part ies t o t he principal obligat ion may secure t he lat t er by pledging or
mort gaging t heir own propert y. (1857)
ARTICLE 2086. The provisions of art icle 2052 are applicable t o a pledge or mort gage. (n)
ARTICLE 2087. It is also of t he essence of t hese cont ract s t hat when t he principal obligat ion
becomes due, t he t hings in which t he pledge or mort gage consist s may be alienat ed f or t he
payment t o t he credit or. (1858)
ARTICLE 2088. The credit or cannot appropriat e t he t hings given by way of pledge or mort gage, or
dispose of t hem. Any st ipulat ion t o t he cont rary is null and void. (1859a)
ARTICLE 2089. A pledge or mort gage is indivisible, even t hough t he debt may be divided among
t he successors in int erest of t he debt or or of t he credit or.
Theref ore, t he debt ors heir who has paid a part of t he debt cannot ask f or t he proport ionat e
ext inguishment of t he pledge or mort gage as long as t he debt is not complet ely sat isf ied.
Neit her can t he credit ors heir who received his share of t he debt ret urn t he pledge or cancel t he
mort gage, t o t he prejudice of t he ot her heirs who have not been paid.
From t hese provisions is except ed t he case in which, t here being several t hings given in mort gage
or pledge, each one of t hem guarant ees only a det erminat e port ion of t he credit .
The debt or, in t his case, shall have a right t o t he ext inguishment of t he pledge or mort gage as t he
port ion of t he debt f or which each t hing is specially answerable is sat isf ied. (1860)
ARTICLE 2090. The indivisibilit y of a pledge or mort gage is not af f ect ed by t he f act t hat t he
debt ors are not solidarily liable. (n)
ARTICLE 2091. The cont ract of pledge or mort gage may secure all kinds of obligat ions, be t hey
pure or subject t o a suspensive or resolut ory condit ion. (1861)
ARTICLE 2092. A promise t o const it ut e a pledge or mort gage gives rise only t o a personal act ion
bet ween t he cont ract ing part ies, wit hout prejudice t o t he criminal responsibilit y incurred by him
who def rauds anot her, by of f ering in pledge or mort gage as unencumbered, t hings which he knew
were subject t o some burden, or by misrepresent ing himself t o be t he owner of t he same. (1862)
CHAPTER 2
Pledge
ARTICLE 2093. In addit ion t o t he requisit es prescribed in art icle 2085, it is necessary, in order t o
const it ut e t he cont ract of pledge, t hat t he t hing pledged be placed in t he possession of t he
credit or, or of a t hird person by common agreement . (1863)
ARTICLE 2094. All movables which are wit hin commerce may be pledged, provided t hey are
suscept ible of possession. (1864)
ARTICLE 2095. Incorporeal right s, evidenced by negot iable inst rument s, bills of lading, shares of
st ock, bonds, warehouse receipt s and similar document s may also be pledged. The inst rument
proving t he right pledged shall be delivered t o t he credit or, and if negot iable, must be indorsed. (n)
ARTICLE 2096. A pledge shall not t ake ef f ect against t hird persons if a descript ion of t he t hing
pledged and t he dat e of t he pledge do not appear in a public inst rument . (1865a)
ARTICLE 2097. Wit h t he consent of t he pledgee, t he t hing pledged may be alienat ed by t he
pledgor or owner, subject t o t he pledge. The ownership of t he t hing pledged is t ransmit t ed t o t he
vendee or t ransf eree as soon as t he pledgee consent s t o t he alienat ion, but t he lat t er shall
cont inue in possession. (n)
ARTICLE 2098. The cont ract of pledge gives a right t o t he credit or t o ret ain t he t hing in his
possession or in t hat of a t hird person t o whom it has been delivered, unt il t he debt is paid. (1866a)
ARTICLE 2099. The credit or shall t ake care of t he t hing pledged wit h t he diligence of a good f at her
of a f amily; he has a right t o t he reimbursement of t he expenses made f or it s preservat ion, and is
liable f or it s loss or det eriorat ion, in conf ormit y wit h t he provisions of t his Code. (1867)
ARTICLE 2100. The pledgee cannot deposit t he t hing pledged wit h a t hird person, unless t here is a
st ipulat ion aut horizing him t o do so.
The pledgee is responsible f or t he act s of his agent s or employees wit h respect t o t he t hing
pledged. (n)
ARTICLE 2101. The pledgor has t he same responsibilit y as a bailor in commodat um in t he case
under art icle 1951. (n)
ARTICLE 2102. If t he pledge earns or produces f ruit s, income, dividends, or int erest s, t he credit or
shall compensat e what he receives wit h t hose which are owing him; but if none are owing him, or
insof ar as t he amount may exceed t hat which is due, he shall apply it t o t he principal. Unless t here
is a st ipulat ion t o t he cont rary, t he pledge shall ext end t o t he int erest and earnings of t he right
pledged.
In case of a pledge of animals, t heir of f spring shall pert ain t o t he pledgor or owner of animals
pledged, but shall be subject t o t he pledge, if t here is no st ipulat ion t o t he cont rary. (1868a)
ARTICLE 2103. Unless t he t hing pledged is expropriat ed, t he debt or cont inues t o be t he owner
t hereof .
Nevert heless, t he credit or may bring t he act ions which pert ain t o t he owner of t he t hing pledged in
order t o recover it f rom, or def end it against a t hird person. (1869)
ARTICLE 2104. The credit or cannot use t he t hing pledged, wit hout t he aut horit y of t he owner, and
if he should do so, or should misuse t he t hing in any ot her way, t he owner may ask t hat it be
judicially or ext rajudicially deposit ed. When t he preservat ion of t he t hing pledged requires it s use, it
must be used by t he credit or but only f or t hat purpose. (1870a)
ARTICLE 2105. The debt or cannot ask f or t he ret urn of t he t hing pledged against t he will of t he
credit or, unless and unt il he has paid t he debt and it s int erest , wit h expenses in a proper case.
(1871)
ARTICLE 2106. If t hrough t he negligence or wilf ul act of t he pledgee, t he t hing pledged is in danger
of being lost or impaired, t he pledgor may require t hat it be deposit ed wit h a t hird person. (n)
ARTICLE 2107. If t here are reasonable grounds t o f ear t he dest ruct ion or impairment of t he t hing
pledged, wit hout t he f ault of t he pledgee, t he pledgor may demand t he ret urn of t he t hing, upon
of f ering anot her t hing in pledge, provided t he lat t er is of t he same kind as t he f ormer and not of
inf erior qualit y, and wit hout prejudice t o t he right of t he pledgee under t he provisions of t he
f ollowing art icle.
The pledgee is bound t o advise t he pledgor, wit hout delay, of any danger t o t he t hing pledged. (n)
ARTICLE 2108. If , wit hout t he f ault of t he pledgee, t here is danger of dest ruct ion, impairment , or
diminut ion in value of t he t hing pledged, he may cause t he same t o be sold at a public sale. The
proceeds of t he auct ion shall be a securit y f or t he principal obligat ion in t he same manner as t he
t hing originally pledged. (n)
ARTICLE 2109. If t he credit or is deceived on t he subst ance or qualit y of t he t hing pledged, he may
eit her claim anot her t hing in it s st ead, or demand immediat e payment of t he principal obligat ion. (n)
ARTICLE 2110. If t he t hing pledged is ret urned by t he pledgee t o t he pledgor or owner, t he pledge
is ext inguished. Any st ipulat ion t o t he cont rary shall be void.
If subsequent t o t he perf ect ion of t he pledge, t he t hing is in t he possession of t he pledgor or
owner, t here is a prima f acie presumpt ion t hat t he same has been ret urned by t he pledgee. This
same presumpt ion exist s if t he t hing pledged is in t he possession of a t hird person who has
received it f rom t he pledgor or owner af t er t he const it ut ion of t he pledge. (n)
ARTICLE 2111. A st at ement in writ ing by t he pledgee t hat he renounces or abandons t he pledge is
suf f icient t o ext inguish t he pledge. For t his purpose, neit her t he accept ance by t he pledgor or
owner, nor t he ret urn of t he t hing pledged is necessary, t he pledgee becoming a deposit ary. (n)
ARTICLE 2112. The credit or t o whom t he credit has not been sat isf ied in due t ime, may proceed
bef ore a Not ary Public t o t he sale of t he t hing pledged. This sale shall be made at a public auct ion,
and wit h not if icat ion t o t he debt or and t he owner of t he t hing pledged in a proper case, st at ing
t he amount f or which t he public sale is t o be held. If at t he f irst auct ion t he t hing is not sold, a
second one wit h t he same f ormalit ies shall be held; and if at t he second auct ion t here is no sale
eit her, t he credit or may appropriat e t he t hing pledged. In t his case he shall be obliged t o give an
acquit t ance f or his ent ire claim. (1872a)
ARTICLE 2113. At t he public auct ion, t he pledgor or owner may bid. He shall, moreover, have a
bet t er right if he should of f er t he same t erms as t he highest bidder.
The pledgee may also bid, but his of f er shall not be valid if he is t he only bidder. (n)
ARTICLE 2114. All bids at t he public auct ion shall of f er t o pay t he purchase price at once. If any
ot her bid is accept ed, t he pledgee is deemed t o have been received t he purchase price, as f ar as
t he pledgor or owner is concerned. (n)
ARTICLE 2115. The sale of t he t hing pledged shall ext inguish t he principal obligat ion, whet her or
not t he proceeds of t he sale are equal t o t he amount of t he principal obligat ion, int erest and
expenses in a proper case. If t he price of t he sale is more t han said amount , t he debt or shall not be
ent it led t o t he excess, unless it is ot herwise agreed. If t he price of t he sale is less, neit her shall t he
credit or be ent it led t o recover t he def iciency, not wit hst anding any st ipulat ion t o t he cont rary. (n)
ARTICLE 2116. Af t er t he public auct ion, t he pledgee shall prompt ly advise t he pledgor or owner of
t he result t hereof . (n)
ARTICLE 2117. Any t hird person who has any right in or t o t he t hing pledged may sat isf y t he
principal obligat ion as soon as t he lat t er becomes due and demandable. (n)
ARTICLE 2118. If a credit which has been pledged becomes due bef ore it is redeemed, t he pledgee
may collect and receive t he amount due. He shall apply t he same t o t he payment of his claim, and
deliver t he surplus, should t here be any, t o t he pledgor. (n)
ARTICLE 2119. If t wo or more t hings are pledged, t he pledgee may choose which he will cause t o
be sold, unless t here is a st ipulat ion t o t he cont rary. He may demand t he sale of only as many of
t he t hings as are necessary f or t he payment of t he debt . (n)
ARTICLE 2120. If a t hird part y secures an obligat ion by pledging his own movable propert y under
t he provisions of art icle 2085 he shall have t he same right s as a guarant or under art icles 2066 t o
2070, and art icles 2077 t o 2081. He is not prejudiced by any waiver of def ense by t he principal
obligor. (n)
ARTICLE 2121. Pledges creat ed by operat ion of law, such as t hose ref erred t o in art icles 546,
1731, and 1994, are governed by t he f oregoing art icles on t he possession, care and sale of t he
t hing as well as on t he t erminat ion of t he pledge. However, af t er payment of t he debt and
expenses, t he remainder of t he price of t he sale shall be delivered t o t he obligor. (n)
ARTICLE 2122. A t hing under a pledge by operat ion of law may be sold only af t er demand of t he
amount f or which t he t hing is ret ained. The public auct ion shall t ake place wit hin one mont h af t er
such demand. If , wit hout just grounds, t he credit or does not cause t he public sale t o be held wit hin
such period, t he debt or may require t he ret urn of t he t hing. (n)
ARTICLE 2123. Wit h regard t o pawnshops and ot her est ablishment s, which are engaged in making
loans secured by pledges, t he special laws and regulat ions concerning t hem shall be observed, and
subsidiarily, t he provisions of t his Tit le. (1873a)
CHAPTER 3
Mort gage
ARTICLE 2124. Only t he f ollowing propert y may be t he object of a cont ract of mort gage:
(1) Immovables;
(2) Alienable real right s in accordance wit h t he laws, imposed upon immovables.
Nevert heless, movables may be t he object of a chat t el mort gage. (1874a)
ARTICLE 2125. In addit ion t o t he requisit es st at ed in art icle 2085, it is indispensable, in order t hat a
mort gage may be validly const it ut ed, t hat t he document in which it appears be recorded in t he
Regist ry of Propert y. If t he inst rument is not recorded, t he mort gage is nevert heless binding
bet ween t he part ies.
The persons in whose f avor t he law est ablishes a mort gage have no ot her right t han t o demand
t he execut ion and t he recording of t he document in which t he mort gage is f ormalized. (1875a)
ARTICLE 2126. The mort gage direct ly and immediat ely subject s t he propert y upon which it is
imposed, whoever t he possessor may be, t o t he f ulf illment of t he obligat ion f or whose securit y it
was const it ut ed. (1876)
ARTICLE 2127. The mort gage ext ends t o t he nat ural accessions, t o t he improvement s, growing
f ruit s, and t he rent s or income not yet received when t he obligat ion becomes due, and t o t he
amount of t he indemnit y grant ed or owing t o t he propriet or f rom t he insurers of t he propert y
mort gaged, or in virt ue of expropriat ion f or public use, wit h t he declarat ions, amplif icat ions and
limit at ions est ablished by law, whet her t he est at e remains in t he possession of t he mort gagor, or
it passes int o t he hands of a t hird person. (1877)
ARTICLE 2128. The mort gage credit may be alienat ed or assigned t o a t hird person, in whole or in
part , wit h t he f ormalit ies required by law. (1878)
ARTICLE 2129. The credit or may claim f rom a t hird person in possession of t he mort gaged
propert y, t he payment of t he part of t he credit secured by t he propert y which said t hird person
possesses, in t he t erms and wit h t he f ormalit ies which t he law est ablishes. (1879)
ARTICLE 2130. A st ipulat ion f orbidding t he owner f rom alienat ing t he immovable mort gaged shall
be void. (n)
ARTICLE 2131. The f orm, ext ent and consequences of a mort gage, bot h as t o it s const it ut ion,
modif icat ion and ext inguishment , and as t o ot her mat t ers not included in t his Chapt er, shall be
governed by t he provisions of t he Mort gage Law and of t he Land Regist rat ion Law. (1880a)
CHAPTER 4
Ant ichresis
ARTICLE 2132. By t he cont ract of ant ichresis t he credit or acquires t he right t o receive t he f ruit s of
an immovable of his debt or, wit h t he obligat ion t o apply t hem t o t he payment of t he int erest , if
owing, and t hereaf t er t o t he principal of his credit . (1881)
ARTICLE 2133. The act ual market value of t he f ruit s at t he t ime of t he applicat ion t hereof t o t he
int erest and principal shall be t he measure of such applicat ion. (n)
ARTICLE 2134. The amount of t he principal and of t he int erest shall be specif ied in writ ing;
ot herwise, t he cont ract of ant ichresis shall be void. (n)
ARTICLE 2135. The credit or, unless t here is a st ipulat ion t o t he cont rary, is obliged t o pay t he
t axes and charges upon t he est at e.
He is also bound t o bear t he expenses necessary f or it s preservat ion and repair.
The sums spent f or t he purposes st at ed in t his art icle shall be deduct ed f rom t he f ruit s. (1882)
ARTICLE 2136. The debt or cannot reacquire t he enjoyment of t he immovable wit hout f irst having
t ot ally paid what he owes t he credit or.
But t he lat t er, in order t o exempt himself f rom t he obligat ions imposed upon him by t he preceding
art icle, may always compel t he debt or t o ent er again upon t he enjoyment of t he propert y, except
when t here is a st ipulat ion t o t he cont rary. (1883)
ARTICLE 2137. The credit or does not acquire t he ownership of t he real est at e f or non-payment of
t he debt wit hin t he period agreed upon.
Every st ipulat ion t o t he cont rary shall be void. But t he credit or may pet it ion t he court f or t he
payment of t he debt or t he sale of t he real propert y. In t his case, t he Rules of Court on t he
f oreclosure of mort gages shall apply. (1884a)
ARTICLE 2138. The cont ract ing part ies may st ipulat e t hat t he int erest upon t he debt be
compensat ed wit h t he f ruit s of t he propert y which is t he object of t he ant ichresis, provided t hat if
t he value of t he f ruit s should exceed t he amount of int erest allowed by t he laws against usury, t he
excess shall be applied t o t he principal. (1885a)
ARTICLE 2139. The last paragraph of art icle 2085, and art icles 2089 t o 2091 are applicable t o t his
cont ract . (1886a)
CHAPTER 5
Chat t el Mort gage
ARTICLE 2140. By a chat t el mort gage, personal propert y is recorded in t he Chat t el Mort gage
Regist er as a securit y f or t he perf ormance of an obligat ion. If t he movable, inst ead of being
recorded, is delivered t o t he credit or or a t hird person, t he cont ract is a pledge and not a chat t el
mort gage. (n)
ARTICLE 2141. The provisions of t his Code on pledge, insof ar as t hey are not in conf lict wit h t he
Chat t el Mort gage Law, shall be applicable t o chat t el mort gages. (n)
TITLE XVII
Ext ra-cont ract ual Obligat ions
CHAPTER 1
Quasi-cont ract s
ARTICLE 2142. Cert ain lawf ul, volunt ary and unilat eral act s give rise t o t he juridical relat ion of
quasi-cont ract t o t he end t hat no one shall be unjust ly enriched or benef it ed at t he expense of
anot her. (n)
ARTICLE 2143. The provisions f or quasi-cont ract s in t his Chapt er do not exclude ot her quasi-
cont ract s which may come wit hin t he purview of t he preceding art icle. (n)
SECTION 1
Negot iorum Gest io
ARTICLE 2144. Whoever volunt arily t akes charge of t he agency or management of t he business or
propert y of anot her, wit hout any power f rom t he lat t er, is obliged t o cont inue t he same unt il t he
t erminat ion of t he af f air and it s incident s, or t o require t he person concerned t o subst it ut e him, if
t he owner is in a posit ion t o do so. This juridical relat ion does not arise in eit her of t hese inst ances:
(1) When t he propert y or business is not neglect ed or abandoned;
(2) If in f act t he manager has been t acit ly aut horized by t he owner.
In t he f irst case, t he provisions of art icles 1317, 1403, No. 1, and 1404 regarding unaut horized
cont ract s shall govern.
In t he second case, t he rules on agency in Tit le X of t his Book shall be applicable. (1888a)
ARTICLE 2145. The of f icious manager shall perf orm his dut ies wit h all t he diligence of a good
f at her of a f amily, and pay t he damages which t hrough his f ault or negligence may be suf f ered by
t he owner of t he propert y or business under management .
The court s may, however, increase or moderat e t he indemnit y according t o t he circumst ances of
each case. (1889a)
ARTICLE 2146. If t he of f icious manager delegat es t o anot her person all or some of his dut ies, he
shall be liable f or t he act s of t he delegat e, wit hout prejudice t o t he direct obligat ion of t he lat t er
t oward t he owner of t he business.
The responsibilit y of t wo or more of f icious managers shall be solidary, unless t he management
was assumed t o save t he t hing or business f rom imminent danger. (1890a)
ARTICLE 2147. The of f icious manager shall be liable f or any f ort uit ous event :
(1) If he undert akes risky operat ions which t he owner was not accust omed t o embark upon;
(2) If he has pref erred his own int erest t o t hat of t he owner;
(3) If he f ails t o ret urn t he propert y or business af t er demand by t he owner;
(4) If he assumed t he management in bad f ait h. (1891a)
ARTICLE 2148. Except when t he management was assumed t o save t he propert y or business
f rom imminent danger, t he of f icious manager shall be liable f or f ort uit ous event s:
(1) If he is manif est ly unf it t o carry on t he management ;
(2) If by his int ervent ion he prevent ed a more compet ent person f rom t aking up t he management .
(n)
ARTICLE 2149. The rat if icat ion of t he management by t he owner of t he business produces t he
ef f ect s of an express agency, even if t he business may not have been successf ul. (1892a) mLdnat
ARTICLE 2150. Alt hough t he of f icious management may not have been expressly rat if ied, t he
owner of t he propert y or business who enjoys t he advant ages of t he same shall be liable f or
obligat ions incurred in his int erest , and shall reimburse t he of f icious manager f or t he necessary and
usef ul expenses and f or t he damages which t he lat t er may have suf f ered in t he perf ormance of
his dut ies.
The same obligat ion shall be incumbent upon him when t he management had f or it s purpose t he
prevent ion of an imminent and manif est loss, alt hough no benef it may have been derived. (1893)
ARTICLE 2151. Even t hough t he owner did not derive any benef it and t here has been no imminent
and manif est danger t o t he propert y or business, t he owner is liable as under t he f irst paragraph of
t he preceding art icle, provided:
(1) The of f icious manager has act ed in good f ait h, and
(2) The propert y or business is int act , ready t o be ret urned t o t he owner. (n)
ARTICLE 2152. The of f icious manager is personally liable f or cont ract s which he has ent ered int o
wit h t hird persons, even t hough he act ed in t he name of t he owner, and t here shall be no right of
act ion bet ween t he owner and t hird persons. These provisions shall not apply:
(1) If t he owner has expressly or t acit ly rat if ied t he management , or
(2) When t he cont ract ref ers t o t hings pert aining t o t he owner of t he business. (n)
ARTICLE 2153. The management is ext inguished:
(1) When t he owner repudiat es it or put s an end t heret o;
(2) When t he of f icious manager wit hdraws f rom t he management , subject t o t he provisions of
art icle 2144;
(3) By t he deat h, civil int erdict ion, insanit y or insolvency of t he owner or t he of f icious manager. (n)
SECTION 2
Solut io Indebit i
ARTICLE 2154. If somet hing is received when t here is no right t o demand it , and it was unduly
delivered t hrough mist ake, t he obligat ion t o ret urn it arises. (1895)
ARTICLE 2155. Payment by reason of a mist ake in t he const ruct ion or applicat ion of a doubt f ul or
dif f icult quest ion of law may come wit hin t he scope of t he preceding art icle. (n)
ARTICLE 2156. If t he payer was in doubt whet her t he debt was due, he may recover if he proves
t hat it was not due. (n)
ARTICLE 2157. The responsibilit y of t wo or more payees, when t here has been payment of what is
not due, is solidary. (n)
ARTICLE 2158. When t he propert y delivered or money paid belongs t o a t hird person, t he payee
shall comply wit h t he provisions of art icle 1984. (n)
ARTICLE 2159. Whoever in bad f ait h accept s an undue payment , shall pay legal int erest if a sum of
money is involved, or shall be liable f or f ruit s received or which should have been received if t he
t hing produces f ruit s.
He shall f urt hermore be answerable f or any loss or impairment of t he t hing f rom any cause, and f or
damages t o t he person who delivered t he t hing, unt il it is recovered. (1896a)
ARTICLE 2160. He who in good f ait h accept s an undue payment of a t hing cert ain and
det erminat e shall only be responsible f or t he impairment or loss of t he same or it s accessories and
accessions insof ar as he has t hereby been benef it ed. If he has alienat ed it , he shall ret urn t he price
or assign t he act ion t o collect t he sum. (1897)
ARTICLE 2161. As regards t he reimbursement f or improvement s and expenses incurred by him
who unduly received t he t hing, t he provisions of Tit le V of Book II shall govern. (1898)
ARTICLE 2162. He shall be exempt f rom t he obligat ion t o rest ore who, believing in good f ait h t hat
t he payment was being made of a legit imat e and subsist ing claim, dest royed t he document , or
allowed t he act ion t o prescribe, or gave up t he pledges, or cancelled t he guarant ies f or his right . He
who paid unduly may proceed only against t he t rue debt or or t he guarant ors wit h regard t o whom
t he act ion is st ill ef f ect ive. (1899)
ARTICLE 2163. It is presumed t hat t here was a mist ake in t he payment if somet hing which had
never been due or had already been paid was delivered; but he f rom whom t he ret urn is claimed
may prove t hat t he delivery was made out of liberalit y or f or any ot her just cause. (1901)
SECTION 3
Ot her Quasi-Cont ract s
ARTICLE 2164. When, wit hout t he knowledge of t he person obliged t o give support , it is given by a
st ranger, t he lat t er shall have a right t o claim t he same f rom t he f ormer, unless it appears t hat he
gave it out of piet y and wit hout int ent ion of being repaid. (1894a)
ARTICLE 2165. When f uneral expenses are borne by a t hird person, wit hout t he knowledge of
t hose relat ives who were obliged t o give support t o t he deceased, said relat ives shall reimburse
t he t hird person, should t he lat t er claim reimbursement . (1894a)
ARTICLE 2166. When t he person obliged t o support an orphan, or an insane or ot her indigent
person unjust ly ref uses t o give support t o t he lat t er, any t hird person may f urnish support t o t he
needy individual, wit h right of reimbursement f rom t he person obliged t o give support . The
provisions of t his art icle apply when t he f at her or mot her of a child under eight een years of age
unjust ly ref uses t o support him.
ARTICLE 2167. When t hrough an accident or ot her cause a person is injured or becomes seriously
ill, and he is t reat ed or helped while he is not in a condit ion t o give consent t o a cont ract , he shall
be liable t o pay f or t he services of t he physician or ot her person aiding him, unless t he service has
been rendered out of pure generosit y.
ARTICLE 2168. When during a f ire, f lood, st orm, or ot her calamit y, propert y is saved f rom
dest ruct ion by anot her person wit hout t he knowledge of t he owner, t he lat t er is bound t o pay t he
f ormer just compensat ion.
ARTICLE 2169. When t he government , upon t he f ailure of any person t o comply wit h healt h or
saf et y regulat ions concerning propert y, undert akes t o do t he necessary work, even over his
object ion, he shall be liable t o pay t he expenses.
ARTICLE 2170. When by accident or ot her f ort uit ous event , movables separat ely pert aining t o t wo
or more persons are commingled or conf used, t he rules on co-ownership shall be applicable.
sELedE
ARTICLE 2171. The right s and obligat ions of t he f inder of lost personal propert y shall be governed
by art icles 719 and 720.
ARTICLE 2172. The right of every possessor in good f ait h t o reimbursement f or necessary and
usef ul expenses is governed by art icle 546.
ARTICLE 2173. When a t hird person, wit hout t he knowledge of t he debt or, pays t he debt , t he
right s of t he f ormer are governed by art icles 1236 and 1237.
ARTICLE 2174. When in a small communit y a majorit y of t he inhabit ant s of age decide upon a
measure f or prot ect ion against lawlessness, f ire, f lood, st orm or ot her calamit y, any one who
object s t o t he plan and ref uses t o cont ribut e t o t he expenses but is benef it ed by t he project as
execut ed shall be liable t o pay his share of said expenses.
ARTICLE 2175. Any person who is const rained t o pay t he t axes of anot her shall be ent it led t o
reimbursement f rom t he lat t er.
CHAPTER 2
Quasi-delict s
ARTICLE 2176. Whoever by act or omission causes damage t o anot her, t here being f ault or
negligence, is obliged t o pay f or t he damage done. Such f ault or negligence, if t here is no pre-
exist ing cont ract ual relat ion bet ween t he part ies, is called a quasi-delict and is governed by t he
provisions of t his Chapt er. (1902a)
ARTICLE 2177. Responsibilit y f or f ault or negligence under t he preceding art icle is ent irely separat e
and dist inct f rom t he civil liabilit y arising f rom negligence under t he Penal Code. But t he plaint if f
cannot recover damages t wice f or t he same act or omission of t he def endant . (n)
ARTICLE 2178. The provisions of art icles 1172 t o 1174 are also applicable t o a quasi-delict . (n)
ARTICLE 2179. When t he plaint if f s own negligence was t he immediat e and proximat e cause of his
injury, he cannot recover damages. But if his negligence was only cont ribut ory, t he immediat e and
proximat e cause of t he injury being t he def endant s lack of due care, t he plaint if f may recover
damages, but t he court s shall mit igat e t he damages t o be awarded. (n)
ARTICLE 2180. The obligat ion imposed by art icle 2176 is demandable not only f or ones own act s
or omissions, but also f or t hose of persons f or whom one is responsible.
The f at her and, in case of his deat h or incapacit y, t he mot her, are responsible f or t he damages
caused by t he minor children who live in t heir company.
Guardians are liable f or damages caused by t he minors or incapacit at ed persons who are under
t heir aut horit y and live in t heir company.
The owners and managers of an est ablishment or ent erprise are likewise responsible f or damages
caused by t heir employees in t he service of t he branches in which t he lat t er are employed or on
t he occasion of t heir f unct ions.
Employers shall be liable f or t he damages caused by t heir employees and household helpers act ing
wit hin t he scope of t heir assigned t asks, even t hough t he f ormer are not engaged in any business
or indust ry.
The St at e is responsible in like manner when it act s t hrough a special agent ; but not when t he
damage has been caused by t he of f icial t o whom t he t ask done properly pert ains, in which case
what is provided in art icle 2176 shall be applicable.
Last ly, t eachers or heads of est ablishment s of art s and t rades shall be liable f or damages caused
by t heir pupils and st udent s or apprent ices, so long as t hey remain in t heir cust ody.
The responsibilit y t reat ed of in t his art icle shall cease when t he persons herein ment ioned prove
t hat t hey observed all t he diligence of a good f at her of a f amily t o prevent damage. (1903a)
ARTICLE 2181. Whoever pays f or t he damage caused by his dependent s or employees may
recover f rom t he lat t er what he has paid or delivered in sat isf act ion of t he claim. (1904)
ARTICLE 2182. If t he minor or insane person causing damage has no parent s or guardian, t he
minor or insane person shall be answerable wit h his own propert y in an act ion against him where a
guardian ad lit em shall be appoint ed. (n)
ARTICLE 2183. The possessor of an animal or whoever may make use of t he same is responsible
f or t he damage which it may cause, alt hough it may escape or be lost . This responsibilit y shall
cease only in case t he damage should come f rom f orce majeure or f rom t he f ault of t he person
who has suf f ered damage. (1905)
ARTICLE 2184. In mot or vehicle mishaps, t he owner is solidarily liable wit h his driver, if t he f ormer,
who was in t he vehicle, could have, by t he use of t he due diligence, prevent ed t he misf ort une. It is
disput ably presumed t hat a driver was negligent , if he had been f ound guilt y of reckless driving or
violat ing t raf f ic regulat ions at least t wice wit hin t he next preceding t wo mont hs.
If t he owner was not in t he mot or vehicle, t he provisions of art icle 2180 are applicable. (n)
ARTICLE 2185. Unless t here is proof t o t he cont rary, it is presumed t hat a person driving a mot or
vehicle has been negligent if at t he t ime of t he mishap, he was violat ing any t raf f ic regulat ion. (n)
ARTICLE 2186. Every owner of a mot or vehicle shall f ile wit h t he proper government of f ice a bond
execut ed by a government -cont rolled corporat ion or of f ice, t o answer f or damages t o t hird
persons. The amount of t he bond and ot her t erms shall be f ixed by t he compet ent public of f icial.
(n)
ARTICLE 2187. Manuf act urers and processors of f oodst uf f s, drinks, t oilet art icles and similar
goods shall be liable f or deat h or injuries caused by any noxious or harmf ul subst ances used,
alt hough no cont ract ual relat ion exist s bet ween t hem and t he consumers. (n)
ARTICLE 2188. There is prima f acie presumpt ion of negligence on t he part of t he def endant if t he
deat h or injury result s f rom his possession of dangerous weapons or subst ances, such as f irearms
and poison, except when t he possession or use t hereof is indispensable in his occupat ion or
business. (n)
ARTICLE 2189. Provinces, cit ies and municipalit ies shall be liable f or damages f or t he deat h of , or
injuries suf f ered by, any person by reason of t he def ect ive condit ion of roads, st reet s, bridges,
public buildings, and ot her public works under t heir cont rol or supervision. (n)
ARTICLE 2190. The propriet or of a building or st ruct ure is responsible f or t he damages result ing
f rom it s t ot al or part ial collapse, if it should be due t o t he lack of necessary repairs. (1907)
ARTICLE 2191. Propriet ors shall also be responsible f or damages caused:
(1) By t he explosion of machinery which has not been t aken care of wit h due diligence, and t he
inf lammat ion of explosive subst ances which have not been kept in a saf e and adequat e place;
(2) By excessive smoke, which may be harmf ul t o persons or propert y;
(3) By t he f alling of t rees sit uat ed at or near highways or lanes, if not caused by f orce majeure;
(4) By emanat ions f rom t ubes, canals, sewers or deposit s of inf ect ious mat t er, const ruct ed
wit hout precaut ions suit able t o t he place. (1908)
ARTICLE 2192. If damage ref erred t o in t he t wo preceding art icles should be t he result of any
def ect in t he const ruct ion ment ioned in art icle 1723, t he t hird person suf f ering damages may
proceed only against t he engineer or archit ect or cont ract or in accordance wit h said art icle, wit hin
t he period t herein f ixed. (1909a)
ARTICLE 2193. The head of a f amily t hat lives in a building or a part t hereof , is responsible f or
damages caused by t hings t hrown or f alling f rom t he same. (1910)
ARTICLE 2194. The responsibilit y of t wo or more persons who are liable f or quasi-delict is solidary.
(n)
TITLE XVIII
Damages
CHAPTER 1
General Provisions
ARTICLE 2195. The provisions of t his Tit le shall be respect ively applicable t o all obligat ions
ment ioned in art icle 1157.
ARTICLE 2196. The rules under t his Tit le are wit hout prejudice t o special provisions on damages
f ormulat ed elsewhere in t his Code. Compensat ion f or workmen and ot her employees in case of
deat h, injury or illness is regulat ed by special laws. Rules governing damages laid down in ot her
laws shall be observed insof ar as t hey are not in conf lict wit h t his Code.
ARTICLE 2197. Damages may be:
(1) Act ual or compensat ory;
(2) Moral;
(3) Nominal;
(4) Temperat e or moderat e;
(5) Liquidat ed; or
(6) Exemplary or correct ive.
ARTICLE 2198. The principles of t he general law on damages are hereby adopt ed insof ar as t hey
are not inconsist ent wit h t his Code.
CHAPTER 2
Act ual or Compensat ory Damages
ARTICLE 2199. Except as provided by law or by st ipulat ion, one is ent it led t o an adequat e
compensat ion only f or such pecuniary loss suf f ered by him as he has duly proved. Such
compensat ion is ref erred t o as act ual or compensat ory damages.
ARTICLE 2200. Indemnif icat ion f or damages shall comprehend not only t he value of t he loss
suf f ered, but also t hat of t he prof it s which t he obligee f ailed t o obt ain. (1106)
ARTICLE 2201. In cont ract s and quasi-cont ract s, t he damages f or which t he obligor who act ed in
good f ait h is liable shall be t hose t hat are t he nat ural and probable consequences of t he breach of
t he obligat ion, and which t he part ies have f oreseen or could have reasonably f oreseen at t he t ime
t he obligat ion was const it ut ed.
In case of f raud, bad f ait h, malice or want on at t it ude, t he obligor shall be responsible f or all
damages which may be reasonably at t ribut ed t o t he non-perf ormance of t he obligat ion. (1107a)
ARTICLE 2202. In crimes and quasi-delict s, t he def endant shall be liable f or all damages which are
t he nat ural and probable consequences of t he act or omission complained of . It is not necessary
t hat such damages have been f oreseen or could have reasonably been f oreseen by t he
def endant .
ARTICLE 2203. The part y suf f ering loss or injury must exercise t he diligence of a good f at her of a
f amily t o minimize t he damages result ing f rom t he act or omission in quest ion.
ARTICLE 2204. In crimes, t he damages t o be adjudicat ed may be respect ively increased or
lessened according t o t he aggravat ing or mit igat ing circumst ances.
ARTICLE 2205. Damages may be recovered:
(1) For loss or impairment of earning capacit y in cases of t emporary or permanent personal injury;
(2) For injury t o t he plaint if f s business st anding or commercial credit .
ARTICLE 2206. The amount of damages f or deat h caused by a crime or quasi-delict shall be at
least t hree t housand pesos, even t hough t here may have been mit igat ing circumst ances. In
addit ion:
(1) The def endant shall be liable f or t he loss of t he earning capacit y of t he deceased, and t he
indemnit y shall be paid t o t he heirs of t he lat t er; such indemnit y shall in every case be assessed
and awarded by t he court , unless t he deceased on account of permanent physical disabilit y not
caused by t he def endant , had no earning capacit y at t he t ime of his deat h;
(2) If t he deceased was obliged t o give support according t o t he provisions of art icle 291, t he
recipient who is not an heir called t o t he decedent s inherit ance by t he law of t est at e or int est at e
succession, may demand support f rom t he person causing t he deat h, f or a period not exceeding
f ive years, t he exact durat ion t o be f ixed by t he court ;
(3) The spouse, legit imat e and illegit imat e descendant s and ascendant s of t he deceased may
demand moral damages f or ment al anguish by reason of t he deat h of t he deceased.
ARTICLE 2207. If t he plaint if f s propert y has been insured, and he has received indemnit y f rom t he
insurance company f or t he injury or loss arising out of t he wrong or breach of cont ract complained
of , t he insurance company shall be subrogat ed t o t he right s of t he insured against t he wrongdoer
or t he person who has violat ed t he cont ract . If t he amount paid by t he insurance company does
not f ully cover t he injury or loss, t he aggrieved part y shall be ent it led t o recover t he def iciency f rom
t he person causing t he loss or injury.
ARTICLE 2208. In t he absence of st ipulat ion, at t orneys f ees and expenses of lit igat ion, ot her t han
judicial cost s, cannot be recovered, except :
(1) When exemplary damages are awarded;
(2) When t he def endant s act or omission has compelled t he plaint if f t o lit igat e wit h t hird persons
or t o incur expenses t o prot ect his int erest ;
(3) In criminal cases of malicious prosecut ion against t he plaint if f ;
(4) In case of a clearly unf ounded civil act ion or proceeding against t he plaint if f ;
(5) Where t he def endant act ed in gross and evident bad f ait h in ref using t o sat isf y t he plaint if f s
plainly valid, just and demandable claim;
(6) In act ions f or legal support ;
(7) In act ions f or t he recovery of wages of household helpers, laborers and skilled workers;
(8) In act ions f or indemnit y under workmens compensat ion and employers liabilit y laws;
(9) In a separat e civil act ion t o recover civil liabilit y arising f rom a crime;
(10) When at least double judicial cost s are awarded;
(11) In any ot her case where t he court deems it just and equit able t hat at t orneys f ees and
expenses of lit igat ion should be recovered.
In all cases, t he at t orneys f ees and expenses of lit igat ion must be reasonable.
ARTICLE 2209. If t he obligat ion consist s in t he payment of a sum of money, and t he debt or incurs
in delay, t he indemnit y f or damages, t here being no st ipulat ion t o t he cont rary, shall be t he
payment of t he int erest agreed upon, and in t he absence of st ipulat ion, t he legal int erest , which is
six per cent per annum. (1108)
ARTICLE 2210. Int erest may, in t he discret ion of t he court , be allowed upon damages awarded f or
breach of cont ract .
ARTICLE 2211. In crimes and quasi-delict s, int erest as a part of t he damages may, in a proper case,
be adjudicat ed in t he discret ion of t he court .
ARTICLE 2212. Int erest due shall earn legal int erest f rom t he t ime it is judicially demanded,
alt hough t he obligat ion may be silent upon t his point . (1109a)
ARTICLE 2213. Int erest cannot be recovered upon unliquidat ed claims or damages, except when
t he demand can be est ablished wit h reasonable cert aint y.
ARTICLE 2214. In quasi-delict s, t he cont ribut ory negligence of t he plaint if f shall reduce t he
damages t hat he may recover.
ARTICLE 2215. In cont ract s, quasi-cont ract s, and quasi-delict s, t he court may equit ably mit igat e
t he damages under circumst ances ot her t han t he case ref erred t o in t he preceding art icle, as in t he
f ollowing inst ances:
(1) That t he plaint if f himself has cont ravened t he t erms of t he cont ract ;
(2) That t he plaint if f has derived some benef it as a result of t he cont ract ;
(3) In cases where exemplary damages are t o be awarded, t hat t he def endant act ed upon t he
advice of counsel;
(4) That t he loss would have result ed in any event ;
(5) That since t he f iling of t he act ion, t he def endant has done his best t o lessen t he plaint if f s loss
or injury.
CHAPTER 3
Ot her Kinds of Damages
ARTICLE 2216. No proof of pecuniary loss is necessary in order t hat moral, nominal, t emperat e,
liquidat ed or exemplary damages, may be adjudicat ed. The assessment of such damages, except
liquidat ed ones, is lef t t o t he discret ion of t he court , according t o t he circumst ances of each case.
SECTION 1
Moral Damages
ARTICLE 2217. Moral damages include physical suf f ering, ment al anguish, f right , serious anxiet y,
besmirched reput at ion, wounded f eelings, moral shock, social humiliat ion, and similar injury.
Though incapable of pecuniary comput at ion, moral damages may be recovered if t hey are t he
proximat e result of t he def endant s wrongf ul act or omission.
ARTICLE 2218. In t he adjudicat ion of moral damages, t he sent iment al value of propert y, real or
personal, may be considered.
ARTICLE 2219. Moral damages may be recovered in t he f ollowing and analogous cases:
(1) A criminal of f ense result ing in physical injuries;
(2) Quasi-delict s causing physical injuries;
(3) Seduct ion, abduct ion, rape, or ot her lascivious act s;
(4) Adult ery or concubinage;
(5) Illegal or arbit rary det ent ion or arrest ;
(6) Illegal search;
(7) Libel, slander or any ot her f orm of def amat ion;
(8) Malicious prosecut ion;
(9) Act s ment ioned in art icle 309;
(10) Act s and act ions ref erred t o in art icles 21, 26, 27, 28, 29, 30, 32, 34, and 35.
The parent s of t he f emale seduced, abduct ed, raped, or abused, ref erred t o in No. 3 of t his art icle,
may also recover moral damages.
The spouse, descendant s, ascendant s, and brot hers and sist ers may bring t he act ion ment ioned
in No. 9 of t his art icle, in t he order named.
ARTICLE 2220. Willf ul injury t o propert y may be a legal ground f or awarding moral damages if t he
court should f ind t hat , under t he circumst ances, such damages are just ly due. The same rule
applies t o breaches of cont ract where t he def endant act ed f raudulent ly or in bad f ait h.
SECTION 2
Nominal Damages
ARTICLE 2221. Nominal damages are adjudicat ed in order t hat a right of t he plaint if f , which has
been violat ed or invaded by t he def endant , may be vindicat ed or recognized, and not f or t he
purpose of indemnif ying t he plaint if f f or any loss suf f ered by him.
ARTICLE 2222. The court may award nominal damages in every obligat ion arising f rom any source
enumerat ed in art icle 1157, or in every case where any propert y right has been invaded.
ARTICLE 2223. The adjudicat ion of nominal damages shall preclude f urt her cont est upon t he right
involved and all accessory quest ions, as bet ween t he part ies t o t he suit , or t heir respect ive heirs
and assigns.
SECTION 3
Temperat e or Moderat e Damages
ARTICLE 2224. Temperat e or moderat e damages, which are more t han nominal but less t han
compensat ory damages, may be recovered when t he court f inds t hat some pecuniary loss has
been suf f ered but it s amount can not , f rom t he nat ure of t he case, be proved wit h cert aint y.
ARTICLE 2225. Temperat e damages must be reasonable under t he circumst ances.
SECTION 4
Liquidat ed Damages
ARTICLE 2226. Liquidat ed damages are t hose agreed upon by t he part ies t o a cont ract , t o be paid
in case of breach t hereof .
ARTICLE 2227. Liquidat ed damages, whet her int ended as an indemnit y or a penalt y, shall be
equit ably reduced if t hey are iniquit ous or unconscionable.
ARTICLE 2228. When t he breach of t he cont ract commit t ed by t he def endant is not t he one
cont emplat ed by t he part ies in agreeing upon t he liquidat ed damages, t he law shall det ermine t he
measure of damages, and not t he st ipulat ion.
SECTION 5
Exemplary or Correct ive Damages
ARTICLE 2229. Exemplary or correct ive damages are imposed, by way of example or correct ion f or
t he public good, in addit ion t o t he moral, t emperat e, liquidat ed or compensat ory damages.
ARTICLE 2230. In criminal of f enses, exemplary damages as a part of t he civil liabilit y may be
imposed when t he crime was commit t ed wit h one or more aggravat ing circumst ances. Such
damages are separat e and dist inct f rom f ines and shall be paid t o t he of f ended part y.
ARTICLE 2231. In quasi-delict s, exemplary damages may be grant ed if t he def endant act ed wit h
gross negligence.
ARTICLE 2232. In cont ract s and quasi-cont ract s, t he court may award exemplary damages if t he
def endant act ed in a want on, f raudulent , reckless, oppressive, or malevolent manner.
ARTICLE 2233. Exemplary damages cannot be recovered as a mat t er of right ; t he court will decide
whet her or not t hey should be adjudicat ed.
ARTICLE 2234. While t he amount of t he exemplary damages need not be proved, t he plaint if f
must show t hat he is ent it led t o moral, t emperat e or compensat ory damages bef ore t he court
may consider t he quest ion of whet her or not exemplary damages should be awarded. In case
liquidat ed damages have been agreed upon, alt hough no proof of loss is necessary in order t hat
such liquidat ed damages may be recovered, nevert heless, bef ore t he court may consider t he
quest ion of grant ing exemplary in addit ion t o t he liquidat ed damages, t he plaint if f must show t hat
he would be ent it led t o moral, t emperat e or compensat ory damages were it not f or t he st ipulat ion
f or liquidat ed damages.
ARTICLE 2235. A st ipulat ion whereby exemplary damages are renounced in advance shall be null
and void.
TITLE XIX
Concurrence and Pref erence of Credit s
CHAPTER 1
General Provisions
ARTICLE 2236. The debt or is liable wit h all his propert y, present and f ut ure, f or t he f ulf illment of his
obligat ions, subject t o t he exempt ions provided by law. (1911a)
ARTICLE 2237. Insolvency shall be governed by special laws insof ar as t hey are not inconsist ent
wit h t his Code. (n)
ARTICLE 2238. So long as t he conjugal part nership or absolut e communit y subsist s, it s propert y
shall not be among t he asset s t o be t aken possession of by t he assignee f or t he payment of t he
insolvent debt ors obligat ions, except insof ar as t he lat t er have redounded t o t he benef it of t he
f amily. If it is t he husband who is insolvent , t he administ rat ion of t he conjugal part nership or
absolut e communit y may, by order of t he court , be t ransf erred t o t he wif e or t o a t hird person
ot her t han t he assignee. (n)
ARTICLE 2239. If t here is propert y, ot her t han t hat ment ioned in t he preceding art icle, owned by
t wo or more persons, one of whom is t he insolvent debt or, his undivided share or int erest t herein
shall be among t he asset s t o be t aken possession of by t he assignee f or t he payment of t he
insolvent debt ors obligat ions. (n)
ARTICLE 2240. Propert y held by t he insolvent debt or as a t rust ee of an express or implied t rust ,
shall be excluded f rom t he insolvency proceedings. (n)
CHAPTER 2
Classif icat ion of Credit s
ARTICLE 2241. Wit h ref erence t o specif ic movable propert y of t he debt or, t he f ollowing claims or
liens shall be pref erred:
(1) Dut ies, t axes and f ees due t hereon t o t he St at e or any subdivision t hereof ;
(2) Claims arising f rom misappropriat ion, breach of t rust , or malf easance by public of f icials
commit t ed in t he perf ormance of t heir dut ies, on t he movables, money or securit ies obt ained by
t hem;
(3) Claims f or t he unpaid price of movables sold, on said movables, so long as t hey are in t he
possession of t he debt or, up t o t he value of t he same; and if t he movable has been resold by t he
debt or and t he price is st ill unpaid, t he lien may be enf orced on t he price; t his right is not lost by t he
immobilizat ion of t he t hing by dest inat ion, provided it has not lost it s f orm, subst ance and ident it y;
neit her is t he right lost by t he sale of t he t hing t oget her wit h ot her propert y f or a lump sum, when
t he price t hereof can be det ermined proport ionally;
(4) Credit s guarant eed wit h a pledge so long as t he t hings pledged are in t he hands of t he credit or,
or t hose guarant eed by a chat t el mort gage, upon t he t hings pledged or mort gaged, up t o t he
value t hereof ;
(5) Credit s f or t he making, repair, saf ekeeping or preservat ion of personal propert y, on t he
movable t hus made, repaired, kept or possessed;
(6) Claims f or laborers wages, on t he goods manuf act ured or t he work done;
(7) For expenses of salvage, upon t he goods salvaged;
(8) Credit s bet ween t he landlord and t he t enant , arising f rom t he cont ract of t enancy on shares,
on t he share of each in t he f ruit s or harvest ;
(9) Credit s f or t ransport at ion, upon t he goods carried, f or t he price of t he cont ract and incident al
expenses, unt il t heir delivery and f or t hirt y days t hereaf t er;
(10) Credit s f or lodging and supplies usually f urnished t o t ravellers by hot el keepers, on t he
movables belonging t o t he guest as long as such movables are in t he hot el, but not f or money
loaned t o t he guest s;
(11) Credit s f or seeds and expenses f or cult ivat ion and harvest advanced t o t he debt or, upon t he
f ruit s harvest ed;
(12) Credit s f or rent f or one year, upon t he personal propert y of t he lessee exist ing on t he
immovable leased and on t he f ruit s of t he same, but not on money or inst rument s of credit ;
(13) Claims in f avor of t he deposit or if t he deposit ary has wrongf ully sold t he t hing deposit ed,
upon t he price of t he sale.
In t he f oregoing cases, if t he movables t o which t he lien or pref erence at t aches have been
wrongf ully t aken, t he credit or may demand t hem f rom any possessor, wit hin t hirt y days f rom t he
unlawf ul seizure. (1922a)
ARTICLE 2242. Wit h ref erence t o specif ic immovable propert y and real right s of t he debt or, t he
f ollowing claims, mort gages and liens shall be pref erred, and shall const it ut e an encumbrance on
t he immovable or real right :
(1) Taxes due upon t he land or building;
(2) For t he unpaid price of real propert y sold, upon t he immovable sold;
(3) Claims of laborers, masons, mechanics and ot her workmen, as well as of archit ect s, engineers
and cont ract ors, engaged in t he const ruct ion, reconst ruct ion or repair of buildings, canals or ot her
works, upon said buildings, canals or ot her works;
(4) Claims of f urnishers of mat erials used in t he const ruct ion, reconst ruct ion, or repair of buildings,
canals or ot her works, upon said buildings, canals or ot her works;
(5) Mort gage credit s recorded in t he Regist ry of Propert y, upon t he real est at e mort gaged;
(6) Expenses f or t he preservat ion or improvement of real propert y when t he law aut horizes
reimbursement , upon t he immovable preserved or improved;
(7) Credit s annot at ed in t he Regist ry of Propert y, in virt ue of a judicial order, by at t achment s or
execut ions, upon t he propert y af f ect ed, and only as t o lat er credit s;
(8) Claims of co-heirs f or warrant y in t he part it ion of an immovable among t hem, upon t he real
propert y t hus divided;
(9) Claims of donors or real propert y f or pecuniary charges or ot her condit ions imposed upon t he
donee, upon t he immovable donat ed;
(10) Credit s of insurers, upon t he propert y insured, f or t he insurance premium f or t wo years.
(1923a)
ARTICLE 2243. The claims or credit s enumerat ed in t he t wo preceding art icles shall be considered
as mort gages or pledges of real or personal propert y, or liens wit hin t he purview of legal provisions
governing insolvency. Taxes ment ioned in No. 1, art icle 2241, and No. 1, art icle 2242, shall f irst be
sat isf ied. (n)
ARTICLE 2244. Wit h ref erence t o ot her propert y, real and personal, of t he debt or, t he f ollowing
claims or credit s shall be pref erred in t he order named:
(1) Proper f uneral expenses f or t he debt or, or children under his or her parent al aut horit y who have
no propert y of t heir own, when approved by t he court ;
(2) Credit s f or services rendered t he insolvent by employees, laborers, or household helpers f or
one year preceding t he commencement of t he proceedings in insolvency;
(3) Expenses during t he last illness of t he debt or or of his or her spouse and children under his or
her parent al aut horit y, if t hey have no propert y of t heir own;
(4) Compensat ion due t he laborers or t heir dependent s under laws providing f or indemnit y f or
damages in cases of labor accident , or illness result ing f rom t he nat ure of t he employment ;
(5) Credit s and advancement s made t o t he debt or f or support of himself or herself , and f amily,
during t he last year preceding t he insolvency;
(6) Support during t he insolvency proceedings, and f or t hree mont hs t hereaf t er;
(7) Fines and civil indemnif icat ion arising f rom a criminal of f ense;
(8) Legal expenses, and expenses incurred in t he administ rat ion of t he insolvent s est at e f or t he
common int erest of t he credit ors, when properly aut horized and approved by t he court ;
(9) Taxes and assessment s due t he nat ional government , ot her t han t hose ment ioned in art icles
2241, No. 1, and 2242, No. 1;
(10) Taxes and assessment s due any province, ot her t han t hose ref erred t o in art icles 2241, No. 1,
and 2242, No. 1;
(11) Taxes and assessment s due any cit y or municipalit y, ot her t han t hose indicat ed in art icles
2241, No. 1, and 2242, No. 1;
(12) Damages f or deat h or personal injuries caused by a quasi-delict ;
(13) Gif t s due t o public and privat e inst it ut ions of charit y or benef icence;
(14) Credit s which, wit hout special privilege, appear in (a) a public inst rument ; or (b) in a f inal
judgment , if t hey have been t he subject of lit igat ion. These credit s shall have pref erence among
t hemselves in t he order of priorit y of t he dat es of t he inst rument s and of t he judgment s,
respect ively. (1924a)
ARTICLE 2245. Credit s of any ot her kind or class, or by any ot her right or t it le not comprised in t he
f our preceding art icles, shall enjoy no pref erence. (1925)
CHAPTER 3
Order of Pref erence of Credit s
ARTICLE 2246. Those credit s which enjoy pref erence wit h respect t o specif ic movables, exclude all
ot hers t o t he ext ent of t he value of t he personal propert y t o which t he pref erence ref ers.
ARTICLE 2247. If t here are t wo or more credit s wit h respect t o t he same specif ic movable
propert y, t hey shall be sat isf ied pro rat a, af t er t he payment of dut ies, t axes and f ees due t he
St at e or any subdivision t hereof . (1926a)
ARTICLE 2248. Those credit s which enjoy pref erence in relat ion t o specif ic real propert y or real
right s, exclude all ot hers t o t he ext ent of t he value of t he immovable or real right t o which t he
pref erence ref ers.
ARTICLE 2249. If t here are t wo or more credit s wit h respect t o t he same specif ic real propert y or
real right s, t hey shall be sat isf ied pro rat a, af t er t he payment of t he t axes and assessment s upon
t he immovable propert y or real right . (1927a)
ARTICLE 2250. The excess, if any, af t er t he payment of t he credit s which enjoy pref erence wit h
respect t o specif ic propert y, real or personal, shall be added t o t he f ree propert y which t he debt or
may have, f or t he payment of t he ot her credit s. (1928a)
ARTICLE 2251. Those credit s which do not enjoy any pref erence wit h respect t o specif ic propert y,
and t hose which enjoy pref erence, as t o t he amount not paid, shall be sat isf ied according t o t he
f ollowing rules:
(1) In t he order est ablished in art icle 2244;
(2) Common credit s ref erred t o in art icle 2245 shall be paid pro rat a regardless of dat es. (1929a)
Transit ional Provisions
ARTICLE 2252. Changes made and new provisions and rules laid down by t his Code which may
prejudice or impair vest ed or acquired right s in accordance wit h t he old legislat ion shall have no
ret roact ive ef f ect .
For t he det erminat ion of t he applicable law in cases which are not specif ied elsewhere in t his
Code, t he f ollowing art icles shall be observed: (Pars. 1 and 2, Transit ional Provisions).
ARTICLE 2253. The Civil Code of 1889 and ot her previous laws shall govern right s originat ing,
under said laws, f rom act s done or event s which t ook place under t heir regime, even t hough t his
Code may regulat e t hem in a dif f erent manner, or may not recognize t hem. But if a right should be
declared f or t he f irst t ime in t his Code, it shall be ef f ect ive at once, even t hough t he act or event
which gives rise t heret o may have been done or may have occurred under t he prior legislat ion,
provided said new right does not prejudice or impair any vest ed or acquired right , of t he same
origin. (Rule 1)
ARTICLE 2254. No vest ed or acquired right can arise f rom act s or omissions which are against t he
law or which inf ringe upon t he right s of ot hers. (n)
ARTICLE 2255. The f ormer laws shall regulat e act s and cont ract s wit h a condit ion or period, which
were execut ed or ent ered int o bef ore t he ef f ect ivit y of t his Code, even t hough t he condit ion or
period may st ill be pending at t he t ime t his body of laws goes int o ef f ect . (n)
ARTICLE 2256. Act s and cont ract s under t he regime of t he old laws, if t hey are valid in accordance
t herewit h, shall cont inue t o be f ully operat ive as provided in t he same, wit h t he limit at ions
est ablished in t hese rules. But t he revocat ion or modif icat ion of t hese act s and cont ract s af t er t he
beginning of t he ef f ect ivit y of t his Code, shall be subject t o t he provisions of t his new body of
laws. (Rule 2a)
ARTICLE 2257. Provisions of t his Code which at t ach a civil sanct ion or penalt y or a deprivat ion of
right s t o act s or omissions which were not penalized by t he f ormer laws, are not applicable t o
t hose who, when said laws were in f orce, may have execut ed t he act or incurred in t he omission
f orbidden or condemned by t his Code.
If t he f ault is also punished by t he previous legislat ion, t he less severe sanct ion shall be applied.
If a cont inuous or repeat ed act or omission was commenced bef ore t he beginning of t he
ef f ect ivit y of t his Code, and t he same subsist s or is maint ained or repeat ed af t er t his body of laws
has become operat ive, t he sanct ion or penalt y prescribed in t his Code shall be applied, even
t hough t he previous laws may not have provided any sanct ion or penalt y t heref or. (Rule 3a)
ARTICLE 2258. Act ions and right s which came int o being but were not exercised bef ore t he
ef f ect ivit y of t his Code, shall remain in f ull f orce in conf ormit y wit h t he old legislat ion; but t heir
exercise, durat ion and t he procedure t o enf orce t hem shall be regulat ed by t his Code and by t he
Rules of Court . If t he exercise of t he right or of t he act ion was commenced under t he old laws, but
is pending on t he dat e t his Code t akes ef f ect , and t he procedure was dif f erent f rom t hat
est ablished in t his new body of laws, t he part ies concerned may choose which met hod or course
t o pursue. (Rule 4)
ARTICLE 2259. The capacit y of a married woman t o execut e act s and cont ract s is governed by
t his Code, even if her marriage was celebrat ed under t he f ormer laws. (n)
ARTICLE 2260. The volunt ary recognit ion of a nat ural child shall t ake place according t o t his Code,
even if t he child was born bef ore t he ef f ect ivit y of t his body of laws. (n)
ARTICLE 2261. The exempt ion prescribed in art icle 302 shall also be applicable t o any support ,
pension or grat uit y already exist ing or grant ed bef ore t his Code becomes ef f ect ive. (n)
ARTICLE 2262. Guardians of t he propert y of minors, appoint ed by t he court s bef ore t his Code
goes int o ef f ect , shall cont inue t o act as such, not wit hst anding t he provisions of art icle 320. (n)
ARTICLE 2263. Right s t o t he inherit ance of a person who died, wit h or wit hout a will, bef ore t he
ef f ect ivit y of t his Code, shall be governed by t he Civil Code of 1889, by ot her previous laws, and
by t he Rules of Court . The inherit ance of t hose who, wit h or wit hout a will, die af t er t he beginning
of t he ef f ect ivit y of t his Code, shall be adjudicat ed and dist ribut ed in accordance wit h t his new
body of laws and by t he Rules of Court ; but t he t est ament ary provisions shall be carried out
insof ar as t hey may be permit t ed by t his Code. Theref ore, legit imes, bet t erment s, legacies and
bequest s shall be respect ed; however, t heir amount shall be reduced if in no ot her manner can
every compulsory heir be given his f ull share according t o t his Code. (Rule 12a)
ARTICLE 2264. The st at us and right s of nat ural children by legal f ict ion ref erred t o in art icle 89 and
illegit imat e children ment ioned in art icle 287, shall also be acquired by children born bef ore t he
ef f ect ivit y of t his Code. (n)
ARTICLE 2265. The right of ret ent ion of real or personal propert y arising af t er t his Code becomes
ef f ect ive, includes t hose t hings which came int o t he credit ors possession bef ore said dat e. (n)
ARTICLE 2266. The f ollowing shall have not only prospect ive but also ret roact ive ef f ect :
(1) Art icle 315, whereby a descendant cannot be compelled, in a criminal case, t o t est if y against his
parent s and ascendant s;
(2) Art icles 101 and 88, providing against collusion in cases of legal separat ion and annulment of
marriage;
(3) Art icles 283, 284, and 289, concerning t he proof of illegit imat e f iliat ion;
(4) Art icle 838, aut horizing t he probat e of a will on pet it ion of t he t est at or himself ;
(5) Art icles 1359 t o 1369, relat ive t o t he ref ormat ion of inst rument s;
(6) Art icles 476 t o 481, regulat ing act ions t o quiet t it le;
(7) Art icles 2029 t o 2031, which are designed t o promot e compromises. (n)
ARTICLE 2267. The f ollowing provisions shall apply not only t o f ut ure cases but also t o t hose
pending on t he dat e t his Code becomes ef f ect ive:
(1) Art icle 29, relat ive t o criminal prosecut ions wherein t he accused is acquit t ed on t he ground t hat
his guilt has not been proved beyond reasonable doubt ;
(2) Art icle 33, concerning cases of def amat ion, f raud, and physical injuries. (n)
ARTICLE 2268. Suit s bet ween members of t he same f amily which are pending at t he t ime t his
Code goes int o ef f ect shall be suspended, under such t erms as t he court may det ermine, in order
t hat a compromise may be earnest ly sought , or, in case of legal separat ion proceedings, f or t he
purpose of ef f ect ing, if possible, a reconciliat ion. (n)
ARTICLE 2269. The principles upon which t he preceding t ransit ional provisions are based shall, by
analogy, be applied t o cases not specif ically regulat ed by t hem. (Rule 13a)
Repealing Clause
ARTICLE 2270. The f ollowing laws and regulat ions are hereby repealed:
(1) Those part s and provisions of t he Civil Code of 1889 which are in f orce on t he dat e when t his
new Civil Code becomes ef f ect ive;
(2) The provisions of t he Code of Commerce governing sales, part nership, agency, loan, deposit
and guarant y;
(3) The provisions of t he Code of Civil Procedure on prescript ion as f ar as inconsist ent wit h t his
Code; and
(4) All laws, Act s, part s of Act s, rules of court , execut ive orders, and administ rat ive regulat ions
which are inconsist ent wit h t his Code. (n)
Approved: June 18, 1949
Published in t he Of f icial Gazet t e Supplement , Vol. 45, No. 6 in August 1949
Source: CDAsia
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