REPUBLIC ACT NU.

38
AN ACT TU URDAIN AND INSTITUTE THE CIVIL CUDE UF THE PHILIPPINES
PRELIMINARY TITLE
CHAPTER 1
Effect and Application of Laws
Article 1. This Act shall be known as the "Civil Coue of the Philippines." (n)
Article 2. Laws shall take effect aftei fifteen uays following the completion of
theii publication in the 0fficial uazette, unless it is otheiwise pioviueu. This
Coue shall take effect one yeai aftei such publication. (1a)
Article 3. Ignoiance of the law excuses no one fiom compliance theiewith. (2)
Article 4. Laws shall have no ietioactive effect, unless the contiaiy is pioviueu.
(S)
Article 5. Acts executeu against the piovisions of manuatoiy oi piohibitoiy laws
shall be voiu, except when the law itself authoiizes theii valiuity. (4a)
Article . Rights may be waiveu, unless the waivei is contiaiy to law, public
oiuei, public policy, moials, oi goou customs, oi piejuuicial to a thiiu peison
with a iight iecognizeu by law. (4a)
Article 7. Laws aie iepealeu only by subsequent ones, anu theii violation oi non-
obseivance shall not be excuseu by uisuse, oi custom oi piactice to the contiaiy.
When the couits ueclaieu a law to be inconsistent with the Constitution, the
foimei shall be voiu anu the lattei shall govein.
Auministiative oi executive acts, oiueis anu iegulations shall be valiu only when
they aie not contiaiy to the laws oi the Constitution. (Sa)
Article 8. }uuicial uecisions applying oi inteipieting the laws oi the Constitution
shall foim a pait of the legal system of the Philippines. (n)
Article 9. No juuge oi couit shall uecline to ienuei juugment by ieason of the
silence, obscuiity oi insufficiency of the laws. (6)
Article 10. In case of uoubt in the inteipietation oi application of laws, it is
piesumeu that the lawmaking bouy intenueu iight anu justice to pievail. (n)
Article 11. Customs which aie contiaiy to law, public oiuei oi public policy shall
not be countenanceu. (n)
Article 12. A custom must be pioveu as a fact, accoiuing to the iules of eviuence.
(n)
Article 13. When the laws speak of yeais, months, uays oi nights, it shall be
unueistoou that yeais aie of thiee hunuieu sixty-five uays each; months, of
thiity uays; uays, of twenty-foui houis; anu nights fiom sunset to suniise.
If months aie uesignateu by theii name, they shall be computeu by the numbei of
uays which they iespectively have.
In computing a peiiou, the fiist uay shall be excluueu, anu the last uay incluueu.
(7a)
Article 14. Penal laws anu those of public secuiity anu safety shall be obligatoiy
upon all who live oi sojouin in the Philippine teiiitoiy, subject to the piinciples
of public inteinational law anu to tieaty stipulations. (8a)
Article 15. Laws ielating to family iights anu uuties, oi to the status, conuition
anu legal capacity of peisons aie binuing upon citizens of the Philippines, even
though living abioau. (9a)
Article 1. Real piopeity as well as peisonal piopeity is subject to the law of the
countiy wheie it is stipulateu.
Bowevei, intestate anu testamentaiy successions, both with iespect to the oiuei
of succession anu to the amount of successional iights anu to the intiinsic
valiuity of testamentaiy piovisions, shall be iegulateu by the national law of the
peison whose succession is unuei consiueiation, whatevei may be the natuie of
the piopeity anu iegaiuless of the countiy wheiein saiu piopeity may be founu.
(1ua)
Article 17. The foims anu solemnities of contiacts, wills, anu othei public
instiuments shall be goveineu by the laws of the countiy in which they aie
executeu.
When the acts iefeiieu to aie executeu befoie the uiplomatic oi consulai officials
of the Republic of the Philippines in a foieign countiy, the solemnities
establisheu by Philippine laws shall be obseiveu in theii execution.
Piohibitive laws conceining peisons, theii acts oi piopeity, anu those which
have foi theii object public oiuei, public policy anu goou customs shall not be
ienueieu ineffective by laws oi juugments piomulgateu, oi by ueteiminations oi
conventions agieeu upon in a foieign countiy. (11a)
Article 18. In matteis which aie goveineu by the Coue of Commeice anu special
laws, theii ueficiency shall be supplieu by the piovisions of this Coue. (16a)
CHAPTER 2
Human Relations {n]
Article 19. Eveiy peison must, in the exeicise of his iights anu in the
peifoimance of his uuties, act with justice, give eveiyone his uue, anu obseive
honesty anu goou faith.
Article 20. Eveiy peison who, contiaiy to law, wilfully oi negligently causes
uamage to anothei, shall inuemnify the lattei foi the same.
Article 21. Any peison who wilfully causes loss oi injuiy to anothei in mannei
that is contiaiy to moials, goou customs oi public policy shall compensate the
lattei foi the uamage.
Article 22. Eveiy peison who thiough an act of peifoimance by anothei, oi any
othei means, acquiies oi comes into possession of something at the expense of
the lattei without just oi legal giounu, shall ietuin the same to him.
Article 23. Even when an act oi event causing uamage to anothei's piopeity was
not uue to the fault oi negligence of the uefenuant, the lattei shall be liable foi
inuemnity if thiough the act oi event he was benefiteu.
Article 24. In all contiactual, piopeity oi othei ielations, when one of the paities
is at a uisauvantage on account of his moial uepenuence, ignoiance, inuigence,
mental weakness, tenuei age oi othei hanuicap, the couits must be vigilant foi
his piotection.
Article 25. Thoughtless extiavagance in expenses foi pleasuie oi uisplay uuiing
a peiiou of acute public want oi emeigency may be stoppeu by oiuei of the
couits at the instance of any goveinment oi piivate chaiitable institution.
Article 2. Eveiy peison shall iespect the uignity, peisonality, piivacy anu peace
of minu of his neighbois anu othei peisons. The following anu similai acts,
though they may not constitute a ciiminal offense, shall piouuce a cause of action
foi uamages, pievention anu othei ielief:
(1) Piying into the piivacy of anothei's iesiuence;
(2) Neuuling with oi uistuibing the piivate life oi family ielations of anothei;
(S) Intiiguing to cause anothei to be alienateu fiom his fiienus;
(4) vexing oi humiliating anothei on account of his ieligious beliefs, lowly
station in life, place of biith, physical uefect, oi othei peisonal conuition.
Article 27. Any peison suffeiing mateiial oi moial loss because a public seivant
oi employee iefuses oi neglects, without just cause, to peifoim his official uuty
may file an action foi uamages anu othei ielief against the lattei, without
piejuuice to any uisciplinaiy auministiative action that may be taken.
Article 28. 0nfaii competition in agiicultuial, commeicial oi inuustiial
enteipiises oi in laboi thiough the use of foice, intimiuation, ueceit, machination
oi any othei unjust, oppiessive oi highhanueu methou shall give iise to a iight of
action by the peison who theieby suffeis uamage.
Article 29. When the accuseu in a ciiminal piosecution is acquitteu on the
giounu that his guilt has not been pioveu beyonu ieasonable uoubt, a civil action
foi uamages foi the same act oi omission may be instituteu. Such action iequiies
only a pieponueiance of eviuence. 0pon motion of the uefenuant, the couit may
iequiie the plaintiff to file a bonu to answei foi uamages in case the complaint
shoulu be founu to be malicious.
If in a ciiminal case the juugment of acquittal is baseu upon ieasonable uoubt,
the couit shall so ueclaie. In the absence of any ueclaiation to that effect, it may
be infeiieu fiom the text of the uecision whethei oi not the acquittal is uue to
that giounu.
Article 30. When a sepaiate civil action is biought to uemanu civil liability
aiising fiom a ciiminal offense, anu no ciiminal pioceeuings aie instituteu
uuiing the penuency of the civil case, a pieponueiance of eviuence shall likewise
be sufficient to piove the act complaineu of.
Article 31. When the civil action is baseu on an obligation not aiising fiom the
act oi omission complaineu of as a felony, such civil action may pioceeu
inuepenuently of the ciiminal pioceeuings anu iegaiuless of the iesult of the
lattei.
Article 32. Any public officei oi employee, oi any piivate inuiviuual, who
uiiectly oi inuiiectly obstiucts, uefeats, violates oi in any mannei impeues oi
impaiis any of the following iights anu libeities of anothei peison shall be liable
to the lattei foi uamages:
(1) Fieeuom of ieligion;
(2) Fieeuom of speech;
(S) Fieeuom to wiite foi the piess oi to maintain a peiiouical publication;
(4) Fieeuom fiom aibitiaiy oi illegal uetention;
(S) Fieeuom of suffiage;
(6) The iight against uepiivation of piopeity without uue piocess of law;
(7) The iight to a just compensation when piivate piopeity is taken foi public
use;
(8) The iight to the equal piotection of the laws;
(9) The iight to be secuie in one's peison, house, papeis, anu effects against
unieasonable seaiches anu seizuies;
(1u) The libeity of aboue anu of changing the same;
(11) The piivacy of communication anu coiiesponuence;
(12) The iight to become a membei of associations oi societies foi puiposes not
contiaiy to law;
(1S) The iight to take pait in a peaceable assembly to petition the uoveinment
foi ieuiess of giievances;
(14) The iight to be a fiee fiom involuntaiy seivituue in any foim;
(1S) The iight of the accuseu against excessive bail;
(16) The iight of the accuseu to be heaiu by himself anu counsel, to be infoimeu
of the natuie anu cause of the accusation against him, to have a speeuy anu
public tiial, to meet the witnesses face to face, anu to have compulsoiy piocess to
secuie the attenuance of witness in his behalf;
(17) Fieeuom fiom being compelleu to be a witness against one's self, oi fiom
being foiceu to confess guilt, oi fiom being inuuceu by a piomise of immunity oi
iewaiu to make such confession, except when the peison confessing becomes a
State witness;
(18) Fieeuom fiom excessive fines, oi ciuel anu unusual punishment, unless the
same is imposeu oi inflicteu in accoiuance with a statute which has not been
juuicially ueclaieu unconstitutional; anu
(19) Fieeuom of access to the couits.
In any of the cases iefeiieu to in this aiticle, whethei oi not the uefenuant's act
oi omission constitutes a ciiminal offense, the aggiieveu paity has a iight to
commence an entiiely sepaiate anu uistinct civil action foi uamages, anu foi
othei ielief. Such civil action shall pioceeu inuepenuently of any ciiminal
piosecution (if the lattei be instituteu), anu may be pioveu by a pieponueiance
of eviuence.
The inuemnity shall incluue moial uamages. Exemplaiy uamages may also be
aujuuicateu.
The iesponsibility heiein set foith is not uemanuable fiom a juuge unless his act
oi omission constitutes a violation of the Penal Coue oi othei penal statute.
Article 33. In cases of uefamation, fiauu, anu physical injuiies a civil action foi
uamages, entiiely sepaiate anu uistinct fiom the ciiminal action, may be biought
by the injuieu paity. Such civil action shall pioceeu inuepenuently of the
ciiminal piosecution, anu shall iequiie only a pieponueiance of eviuence.
Article 34. When a membei of a city oi municipal police foice iefuses oi fails to
ienuei aiu oi piotection to any peison in case of uangei to life oi piopeity, such
peace officei shall be piimaiily liable foi uamages, anu the city oi municipality
shall be subsiuiaiily iesponsible theiefoi. The civil action heiein iecognizeu shall
be inuepenuent of any ciiminal pioceeuings, anu a pieponueiance of eviuence
shall suffice to suppoit such action.
Article 35. When a peison, claiming to be injuieu by a ciiminal offense, chaiges
anothei with the same, foi which no inuepenuent civil action is gianteu in this
Coue oi any special law, but the justice of the peace finus no ieasonable giounus
to believe that a ciime has been committeu, oi the piosecuting attoiney iefuses
oi fails to institute ciiminal pioceeuings, the complaint may biing a civil action
foi uamages against the allegeu offenuei. Such civil action may be suppoiteu by a
pieponueiance of eviuence. 0pon the uefenuant's motion, the couit may iequiie
the plaintiff to file a bonu to inuemnify the uefenuant in case the complaint
shoulu be founu to be malicious.
If uuiing the penuency of the civil action, an infoimation shoulu be piesenteu by
the piosecuting attoiney, the civil action shall be suspenueu until the
teimination of the ciiminal pioceeuings.
Article 3. Pie-juuicial questions, which must be ueciueu befoie any ciiminal
piosecution may be instituteu oi may pioceeu, shall be goveineu by iules of
couit which the Supieme Couit shall piomulgate anu which shall not be in
conflict with the piovisions of this Coue.
See
TEF IAHllY C0BF 0I TEF PElllPPlNFS, As AmenJeJ Fxecutive 0rJer 209
TEF CEllB ANB Y00TE WFlIARF C0BF, As AmenJeJ PresiJentiol Becree No. 60S
BUUK I
PERSUNS
TITLE I
CIVIL PERSUNALITY
CHAPTER 1
Ceneral Provisions
Article 37. }uiiuical capacity, which is the fitness to be the subject of legal
ielations, is inheient in eveiy natuial peison anu is lost only thiough ueath.
Capacity to act, which is the powei to uo acts with legal effect, is acquiieu anu
may be lost. (n)
Article 38. Ninoiity, insanity oi imbecility, the state of being a ueaf-mute,
piouigality anu civil inteiuiction aie meie iestiictions on capacity to act, anu uo
not exempt the incapacitateu peison fiom ceitain obligations, as when the lattei
aiise fiom his acts oi fiom piopeity ielations, such as easements. (S2a)
Article 39. The following ciicumstances, among otheis, mouify oi limit capacity
to act: age, insanity, imbecility, the state of being a ueaf-mute, penalty,
piouigality, family ielations, alienage, absence, insolvency anu tiusteeship. The
consequences of these ciicumstances aie goveineu in this Coue, othei coues, the
Rules of Couit, anu in special laws. Capacity to act is not limiteu on account of
ieligious belief oi political opinion.
A maiiieu woman, twenty-one yeais of age oi ovei, is qualifieu foi all acts of civil
life, except in cases specifieu by law. (n)
CHAPTER 2
Natural Persons
Article 40. Biith ueteimines peisonality; but the conceiveu chilu shall be
consiueieu boin foi all puiposes that aie favoiable to it, pioviueu it be boin latei
with the conuitions specifieu in the following aiticle. (29a)
Article 41. Foi civil puiposes, the foetus is consiueieu boin if it is alive at the
time it is completely ueliveieu fiom the mothei's womb. Bowevei, if the foetus
hau an intia-uteiine life of less than seven months, it is not ueemeu boin if it uies
within twenty-foui houis aftei its complete ueliveiy fiom the mateinal womb.
(Sua)
Article 42. Civil peisonality is extinguisheu by ueath.
The effect of ueath upon the iights anu obligations of the ueceaseu is ueteimineu
by law, by contiact anu by will. (S2a)
Article 43. If theie is a uoubt, as between two oi moie peisons who aie calleu to
succeeu each othei, as to which of them uieu fiist, whoevei alleges the ueath of
one piioi to the othei, shall piove the same; in the absence of pioof, it is
piesumeu that they uieu at the same time anu theie shall be no tiansmission of
iights fiom one to the othei. (SS)
CHAPTER 3
)uridical Persons
Article 44. The following aie juiiuical peisons:
(1) The State anu its political subuivisions;
(2) 0thei coipoiations, institutions anu entities foi public inteiest oi puipose,
cieateu by law; theii peisonality begins as soon as they have been constituteu
accoiuing to law;
(S) Coipoiations, paitneiships anu associations foi piivate inteiest oi puipose
to which the law giants a juiiuical peisonality, sepaiate anu uistinct fiom that of
each shaieholuei, paitnei oi membei. (SSa)
Article 45. }uiiuical peisons mentioneu in Nos. 1 anu 2 of the pieceuing aiticle
aie goveineu by the laws cieating oi iecognizing them.
Piivate coipoiations aie iegulateu by laws of geneial application on the subject.
Paitneiships anu associations foi piivate inteiest oi puipose aie goveineu by
the piovisions of this Coue conceining paitneiships. (S6 anu S7a)
Article 4. }uiiuical peisons may acquiie anu possess piopeity of all kinus, as
well as incui obligations anu biing civil oi ciiminal actions, in confoimity with
the laws anu iegulations of theii oiganization. (S8a)
Article 47. 0pon the uissolution of coipoiations, institutions anu othei entities
foi public inteiest oi puipose mentioneu in No. 2 of aiticle 44, theii piopeity anu
othei assets shall be uisposeu of in puisuance of law oi the chaitei cieating
them. If nothing has been specifieu on this point, the piopeity anu othei assets
shall be applieu to similai puiposes foi the benefit of the iegion, piovince, city oi
municipality which uuiing the existence of the institution ueiiveu the piincipal
benefits fiom the same. (S9a)
TITLE II
CITIZENSHIP AND DUMECILE
Article 48. The following aie citizens of the Philippines:
(1) Those who weie citizens of the Philippines at the time of the auoption of the
Constitution of the Philippines;
(2) Those boin in the Philippines of foieign paients who, befoie the auoption of
saiu Constitution, hau been electeu to public office in the Philippines;
(S) Those whose fatheis aie citizens of the Philippines;
(4) Those whose motheis aie citizens of the Philippines anu, upon ieaching the
age of majoiity, elect Philippine citizenship;
(S) Those who aie natuializeu in accoiuance with law. (n)
Article 49. Natuialization anu the loss anu ieacquisition of citizenship of the
Philippines aie goveineu by special laws. (n)
Article 50. Foi the exeicise of civil iights anu the fulfillment of civil obligations,
the uomicile of natuial peisons is the place of theii habitual iesiuence. (4ua)
Article 51. When the law cieating oi iecognizing them, oi any othei piovision
uoes not fix the uomicile of juiiuical peisons, the same shall be unueistoou to be
the place wheie theii legal iepiesentation is establisheu oi wheie they exeicise
theii piincipal functions. (41a)
TITLE III
MARRIACE
CHAPTER 1
Requisites of Marriage
Article 52. Naiiiage is not a meie contiact but an inviolable social institution. Its
natuie, consequences anu inciuents aie goveineu by law anu not subject to
stipulation, except that the maiiiage settlements may to a ceitain extent fix the
piopeity ielations uuiing the maiiiage. (n)
Article 53. No maiiiage shall be solemnizeu unless all these iequisites aie
complieu with:
(1) Legal capacity of the contiacting paities;
(2) Theii consent, fieely given;
(S) Authoiity of the peison peifoiming the maiiiage; anu
(4) A maiiiage license, except in a maiiiage of exceptional chaiactei (Sec. 1a, ait.
S61S).
Article 54. Any male of the age of sixteen yeais oi upwaius, anu any female of
the age of fouiteen yeais oi upwaius, not unuei any of the impeuiments
mentioneu in aiticles 8u to 84, may contiact maiiiage. (2)
Article 55. No paiticulai foim foi the ceiemony of maiiiage is iequiieu, but the
paities with legal capacity to contiact maiiiage must ueclaie, in the piesence of
the peison solemnizing the maiiiage anu of two witnesses of legal age, that they
take each othei as husbanu anu wife. This ueclaiation shall be set foith in an
instiument in tiiplicate, signeu by signatuie oi maik by the contiacting paities
anu saiu two witnesses anu attesteu by the peison solemnizing the maiiiage.
In case of a maiiiage on the point of ueath, when the uying paity, being
physically unable, cannot sign the instiument by signatuie oi maik, it shall be
sufficient foi one of the witnesses to the maiiiage to sign in his name, which fact
shall be attesteu by the ministei solemnizing the maiiiage. (S)
Article 5. Naiiiage may be solemnizeu by:
(1) The Chief }ustice anu Associate }ustices of the Supieme Couit;
(2) The Piesiuing }ustice anu the }ustices of the Couit of Appeals;
(S) }uuges of the Couits of Fiist Instance;
(4) Nayois of cities anu municipalities;
(S) Nunicipal juuges anu justices of the peace;
(6) Piiests, iabbis, ministeis of the gospel of any uenomination, chuich, ieligion
oi sect, uuly iegisteieu, as pioviueu in aiticle 92; anu
(7) Ship captains, aiiplane chiefs, militaiy commanueis, anu consuls anu vice-
consuls in special cases pioviueu in aiticles 74 anu 7S. (4a)
Article 57. The maiiiage shall be solemnizeu publicly in the office of the juuge in
open couit oi of the mayoi; oi in the chuich, chapel oi temple, as the case may
be, anu not elsewheie, except in cases of maiiiages contiacteu on the point of
ueath oi in iemote places in accoiuance with aiticle 72 of this Coue, oi in case of
maiiiage iefeiieu to in aiticle 76 oi when one of the paients oi the guaiuian of
the female oi the lattei heiself if ovei eighteen yeais of age iequest it in wiiting,
in which cases the maiiiage may be solemnizeu at a house oi place uesignateu
by saiu paient oi guaiuian of the female oi by the lattei heiself in a swoin
statement to that effect. (Sa)
Article 58. Save maiiiages of an exceptional chaiactei authoiizeu in Chaptei 2
of this Title, but not those unuei aiticle 7S, no maiiiage shall be solemnizeu
without a license fiist being issueu by the local civil iegistiai of the municipality
wheie eithei contiacting paity habitually iesiues. (7a)
Article 59. The local civil iegistiai shall issue the piopei license if each of the
contiacting paities sweais sepaiately befoie him oi befoie any public official
authoiizeu to auministei oaths, to an application in wiiting setting foith that
such paity has the necessaiy qualifications foi contiacting maiiiage. The
applicants, theii paients oi guaiuians shall not be iequiieu to exhibit theii
iesiuence ceitificates in any foimality in connection with the secuiing of the
maiiiage license. Such application shall insofai as possible contain the following
uata:
(1) Full name of the contiacting paity;
(2) Place of biith;
(S) Age, uate of biith;
(4) Civil status (single, wiuow oi wiuowei, oi uivoiceu);
(S) If uivoiceu, how anu when the pievious maiiiage was uissolveu;
(6) Piesent iesiuence;
(7) Begiee of ielationship of the contiacting paities;
(8) Full name of the fathei;
(9) Resiuence of the fathei;
(1u) Full name of the mothei;
(11) Resiuence of the mothei;
(12) Full name anu iesiuence of the guaiuian oi peison having chaige, in case
the contiacting paity has neithei fathei noi mothei anu is unuei the age of
twenty yeais, if a male, oi eighteen yeais if a female. (7a)
Article 0. The local civil iegistiai, upon ieceiving such application, shall
iequiie the exhibition of the oiiginal baptismal oi biith ceitificates of the
contiacting paities oi copies of such uocuments uuly attesteu by the peisons
having custouy of the oiiginals. These ceitificates oi ceitifieu copies of the
uocuments iequiieu by this aiticle neeu not to be swoin to anu shall be exempt
fiom the uocumentaiy stamp tax. The signatuie anu official title of the peison
issuing the ceitificate shall be sufficient pioof of its authenticity.
If eithei of the contiacting paities is unable to piouuce his baptismal oi biith
ceitificate oi a ceitifieu copy of eithei because of the uestiuction oi loss of the
oiiginal, oi if it is shown by an affiuavit of such paity oi of any othei peison that
such baptismal oi biith ceitificate has not yet been ieceiveu though the same has
been iequesteu of the peison having custouy theieof at least fifteen uays piioi to
the uate of the application, such paity may fuinish in lieu theieof his iesiuence
ceitificate foi the cuiient yeai oi any pievious yeais, to show the age stateu in
his application oi, in the absence theieof, an instiument uiawn up anu swoin to
befoie the local civil iegistiai conceineu oi any public official authoiizeu to
solemnize maiiiage. Such instiument shall contain the swoin ueclaiation of two
witnesses, of lawful age, of eithei sex, setting foith the full name, piofession, anu
iesiuence of such contiacting paity anu of his oi hei paients, if known, anu the
place anu uate of biith of such paity. The neaiest of kin of the contiacting paities
shall be piefeiieu as witnesses, anu in theii uefault, peisons well known in the
piovince oi the locality foi theii honesty anu goou iepute.
The exhibition of baptismal oi biith ceitificates shall not be iequiieu if the
paients of the contiacting paities appeai peisonally befoie the local civil
iegistiai conceineu anu sweai to the coiiectness of the lawful age of saiu
paities, as stateu in the application, oi when the local civil iegistiai shall, by
meiely looking at the applicants upon theii peisonally appeaiing befoie him, be
convinceu that eithei oi both of them have the iequiieu age. (8a)
Article 1. In case eithei of the contiacting paities is a wiuoweu oi uivoiceu
peison, the same shall be iequiieu to fuinish, insteau of the baptismal oi biith
ceitificate iequiieu in the last pieceuing aiticle, the ueath ceitificate of the
ueceaseu spouse oi the ueciee of the uivoice couit, as the case may be. In case
the ueath ceitificate cannot be founu, the paity shall make an affiuavit setting
foith this ciicumstance anu his oi hei actual civil status anu the name anu the
uate of the ueath of the ueceaseu spouse.
In case eithei oi both of the contiacting paities, being neithei wiuoweu noi
uivoiceu, aie less than twenty yeais of age as iegaius the male anu less than
eighteen yeais as iegaius the female, they shall, in auuition to the iequiiements
of the pieceuing aiticles, exhibit to the local civil iegistiai, the consent to theii
maiiiage, of theii fathei, mothei oi guaiuian, oi peisons having legal chaige of
them, in the oiuei mentioneu. Such consent shall be in wiiting, unuei oath taken
with the appeaiance of the inteiesteu paities befoie the piopei local civil
iegistiai oi in the foim of an affiuavit maue in the piesence of two witnesses anu
attesteu befoie any official authoiizeu by law to auministei oaths. (9a)
Article 2. Nales above twenty but unuei twenty-five yeais of age, oi females
above eighteen but unuei twenty-thiee yeais of age, shall be obligeu to ask theii
paients oi guaiuian foi auvice upon the intenueu maiiiage. If they uo not obtain
such auvice, oi if it be unfavoiable, the maiiiage shall not take place till aftei
thiee months following the completion of the publication of the application foi
maiiiage license. A swoin statement by the contiacting paities to the effect that
such auvice has been sought, togethei with the wiitten auvice given, if any, shall
accompany the application foi maiiiage license. Shoulu the paients oi guaiuian
iefuse to give any auvice, this fact shall be stateu in the swoin ueclaiation. (n)
Article 3. The local civil iegistiai shall post uuiing ten consecutive uays at the
main uooi of the builuing wheie he has his office a notice, the location of which
shall not be changeu once it has been placeu, setting foith the full names anu
uomiciles of the applicants foi a maiiiage license anu othei infoimation given in
the application. This notice shall iequest all peisons having knowleuge of any
impeuiment to the maiiiage to auvise the local iegistiai theieof. The license
shall be issueu aftei the completion of the publication, unless the local civil
iegistiai ieceives infoimation upon any allegeu impeuiment to the maiiiage.
(1ua)
Article 4. 0pon being auviseu of any allegeu impeuiment to the maiiiage, the
local civil iegistiai shall foithwith make an investigation, examining peisons
unuei oath. If he is convicteu that theie is an impeuiment to the maiiiage, it shall
be his uuty to withholu the maiiiage license, unless he is otheiwise oiueieu by a
competent couit. (n)
Article 5. The local civil iegistiai shall uemanu the pievious payment of fees
iequiieu by law oi iegulations foi each license issueu. No othei sum shall be
collecteu, in the natuie of a fee oi tax of any kinu, foi the issuance of a maiiiage
license. Naiiiage licenses shall be issueu fiee of chaige to inuigent paities, when
both male anu female uo not each own assesseu ieal piopeity in excess of five
hunuieu pesos, a fact ceitifieu to, without cost, by the piovincial tieasuiei, oi in
the absence theieof, by a statement uuly swoin to by the contiacting paities
befoie the local civil iegistiai. The license shall be valiu in any pait of the
Philippines; but it shall be goou foi no moie than one hunuieu anu twenty uays
fiom the uate on which it is issueu anu shall be ueemeu cancelleu at the
expiiation of saiu peiiou if the inteiesteu paities have not maue use of it. (11a)
Article . When eithei oi both of the contiacting paities aie citizens oi subjects
of a foieign countiy, it shall be necessaiy, befoie a maiiiage license can be
obtaineu, to pioviue themselves with a ceitificate of legal capacity to contiact
maiiiage, to be issueu by theii iespective uiplomatic oi consulai officials. (1Sa)
Article 7. The maiiiage ceitificate in which the contiacting paities shall state
that they take each othei as husbanu anu wife, shall also contain:
(1) The full names anu uomiciles of the contiacting paities;
(2) The age of each;
(S) A statement that the piopei maiiiage license has been issueu accoiuing to
law anu that the contiacting paities have the consent of theii paients in case the
male is unuei twenty oi the female unuei eighteen yeais of age; anu
(4) A statement that the guaiuian oi paient has been infoimeu of the maiiiage, if
the male is between the ages of twenty anu twenty-five yeais, anu the female
between eighteen anu twenty-thiee yeais of age. (1Sa)
Article 8. It shall be the uuty of the peison solemnizing the maiiiage to fuinish
to eithei of the contiacting paities one of the thiee copies of the maiiiage
contiact iefeiieu to in aiticle SS, anu to senu anothei copy of the uocument not
latei than fifteen uays aftei the maiiiage took place to the local civil iegistiai
conceineu, whose uuty it shall be to issue the piopei ieceipt to any peison
senuing a maiiiage contiact solemnizeu by him, incluuing maiiiages of an
exceptional chaiactei. The official, piiest, oi ministei solemnizing the maiiiage
shall ietain the thiiu copy of the maiiiage contiact, the maiiiage license anu the
affiuavit of the inteiesteu paity iegaiuing the solemnization of the maiiiage in a
place othei than those mentioneu in aiticle S7 if theie be any such affiuavit, in
the files that he must keep. (16a)
Article 9. It shall be the uuty of the local civil iegistiai to piepaie the
uocuments iequiieu by this Title, anu to auministei oaths to all inteiesteu
paities without any chaige in both cases.
The uocuments anu affiuavits fileu in connection with applications foi maiiiage
licenses shall be exempt fiom the uocumentaiy stamp tax. (17a)
Article 70. The local civil iegistiai conceineu shall entei all applications foi
maiiiage licenses fileu with him in a iegistei book stiictly in the oiuei in which
the same shall be ieceiveu. Be shall entei in saiu iegistei the names of the
applicants, the uate on which the maiiiage license was issueu, anu such othei
uata as may be necessaiy. (18a)
Article 71. All maiiiages peifoimeu outsiue the Philippines in accoiuance with
the laws in foice in the countiy wheie they weie peifoimeu, anu valiu theie as
such, shall also be valiu in this countiy, except bigamous, polygamous, oi
incestuous maiiiages as ueteimineu by Philippine law. (19a)
CHAPTER 2
Marriages of Exceptional Cbaracter
Article 72. In case eithei of the contiacting paities is on the point of ueath oi the
female has hei habitual iesiuence at a place moie than fifteen kilometeis uistant
fiom the municipal builuing anu theie is no communication by iailioau oi by
piovincial oi local highways between the foimei anu the lattei, the maiiiage
may be solemnizeu without necessity of a maiiiage license; but in such cases the
official, piiest, oi ministei solemnizing it shall state in an affiuavit maue befoie
the local civil iegistiai oi any peison authoiizeu by law to auministei oaths that
the maiiiage was peifoimeu in aiticulo moitis oi at a place moie than fifteen
kilometeis uistant fiom the municipal builuing conceineu, in which lattei case he
shall give the name of the baiiio wheie the maiiiage was solemnizeu. The
peison who solemnizeu the maiiiage shall also state, in eithei case, that he took
the necessaiy steps to asceitain the ages anu ielationship of the contiacting
paities anu that theie was in his opinion no legal impeuiment to the maiiiage at
the time that it was solemnizeu. (2u)
Article 73. The oiiginal of the affiuavit iequiieu in the last pieceuing aiticle,
togethei with a copy of the maiiiage contiact, shall be sent by the peison
solemnizing the maiiiage to the local civil iegistiai of the municipality wheie it
was peifoimeu within the peiiou of thiity uays, aftei the peifoimance of the
maiiiage. The local civil iegistiai shall, howevei, befoie filing the papeis, iequiie
the payment into the municipal tieasuiy of the legal fees iequiieu in aiticle 6S.
(21)
Article 74. A maiiiage in aiticulo moitis may also be solemnizeu by the captain
of a ship oi chief of an aiiplane uuiing a voyage, oi by the commanuing officei of
a militaiy unit, in the absence of a chaplain, uuiing wai. The uuties mentioneu in
the two pieceuing aiticles shall be complieu with by the ship captain, aiiplane
chief oi commanuing officei. (n)
Article 75. Naiiiages between Filipino citizens abioau may be solemnizeu by
consuls anu vice-consuls of the Republic of the Philippines. The uuties of the
local civil iegistiai anu of a juuge oi justice of the peace oi mayoi with iegaiu to
the celebiation of maiiiage shall be peifoimeu by such consuls anu vice-consuls.
(n)
Article 7. No maiiiage license shall be necessaiy when a man anu a woman
who have attaineu the age of majoiity anu who, being unmaiiieu, have liveu
togethei as husbanu anu wife foi at least five yeais, uesiie to maiiy each othei.
The contiacting paities shall state the foiegoing facts in an affiuavit befoie any
peison authoiizeu by law to auministei oaths. The official, piiest oi ministei who
solemnizeu the maiiiage shall also state in an affiuavit that he took steps to
asceitain the ages anu othei qualifications of the contiacting paities anu that he
founu no legal impeuiment to the maiiiage. (n)
Article 77. In case two peisons maiiieu in accoiuance with law uesiie to iatify
theii union in confoimity with the iegulations, iites, oi piactices of any chuich,
sect, oi ieligion it shall no longei be necessaiy to comply with the iequiiements
of Chaptei 1 of this Title anu any iatification so maue shall meiely be consiueieu
as a puiely ieligious ceiemony. (2S)
Article 78. Naiiiages between Nohammeuans oi pagans who live in the non-
Chiistian piovinces may be peifoimeu in accoiuance with theii customs, iites oi
piactices. No maiiiage license oi foimal iequisites shall be necessaiy. Noi shall
the peisons solemnizing these maiiiages be obligeu to comply with aiticle 92.
Bowevei, twenty yeais aftei appioval of this Coue, all maiiiages peifoimeu
between Nohammeuans oi pagans shall be solemnizeu in accoiuance with the
piovisions of this Coue. But the Piesiuent of the Philippines, upon
iecommenuation of the Secietaiy of the Inteiioi, may at any time befoie the
expiiation of saiu peiiou, by pioclamation, make any of saiu piovisions
applicable to the Nohammeuan anu non-Chiistian inhabitants of any of the non-
Chiistian piovinces. (2Sa)
Article 79. Nixeu maiiiages between a Chiistian male anu a Nohammeuan oi
pagan female shall be goveineu by the geneial piovision of this Title anu not by
those of the last pieceuing aiticle, but mixeu maiiiages between a Nohammeuan
oi pagan male anu a Chiistian female may be peifoimeu unuei the piovisions of
the last pieceuing aiticle if so uesiieu by the contiacting paities, subject,
howevei, in the lattei case to the piovisions of the seconu paiagiaph of saiu
aiticle. (26)
CHAPTER 3
Void and Voidable Marriages
Article 80. The following maiiiages shall be voiu fiom the beginning:
(1) Those contiacteu unuei the ages of sixteen anu fouiteen yeais by the male
anu female iespectively, even with the consent of the paients;
(2) Those solemnizeu by any peison not legally authoiizeu to peifoim
maiiiages;
(S) Those solemnizeu without a maiiiage license, save maiiiages of exceptional
chaiactei;
(4) Bigamous oi polygamous maiiiages not falling unuei aiticle 8S, numbei 2;
(S) Incestuous maiiiages mentioneu in aiticle 81;
(6) Those wheie one oi both contiacting paities have been founu guilty of the
killing of the spouse of eithei of them;
(7) Those between stepbiotheis anu stepsisteis anu othei maiiiages specifieu in
aiticle 82. (n)
Article 81. Naiiiages between the following aie incestuous anu voiu fiom theii
peifoimance, whethei the ielationship between the paities be legitimate oi
illegitimate:
(1) Between ascenuants anu uescenuants of any uegiee;
(2) Between biotheis anu sisteis, whethei of the full oi half bloou;
(S) Between collateial ielatives by bloou within the fouith civil uegiee. (28a)
Article 82. The following maiiiages shall also be voiu fiom the beginning:
(1) Between stepfatheis anu stepuaughteis, anu stepmotheis anu stepsons;
(2) Between the auopting fathei oi mothei anu the auopteu, between the lattei
anu the suiviving spouse of the foimei, anu between the foimei anu the
suiviving spouse of the lattei;
(S) Between the legitimate chiluien of the auoptei anu the auopteu. (28a)
Article 83. Any maiiiage subsequently contiacteu by any peison uuiing the
lifetime of the fiist spouse of such peison with any peison othei than such fiist
spouse shall be illegal anu voiu fiom its peifoimance, unless:
(1) The fiist maiiiage was annulleu oi uissolveu; oi
(2) The fiist spouse hau been absent foi seven consecutive yeais at the time of
the seconu maiiiage without the spouse piesent having news of the absentee
being alive, oi if the absentee, though he has been absent foi less than seven
yeais, is geneially consiueieu as ueau anu believeu to be so by the spouse
piesent at the time of contiacting such subsequent maiiiage, oi if the absentee is
piesumeu ueau accoiuing to aiticles S9u anu S91. The maiiiage so contiacteu
shall be valiu in any of the thiee cases until ueclaieu null anu voiu by a
competent couit. (29a)
Article 84. No maiiiage license shall be issueu to a wiuow till aftei thiee
hunuieu uays following the ueath of hei husbanu, unless in the meantime she
has given biith to a chilu. (n)
Article 85. A maiiiage may be annulleu foi any of the following causes, existing
at the time of the maiiiage:
(1) That the paity in whose behalf it is sought to have the maiiiage annulleu was
between the ages of sixteen anu twenty yeais, if male, oi between the ages of
fouiteen anu eighteen yeais, if female, anu the maiiiage was solemnizeu without
the consent of the paient, guaiuian oi peison having authoiity ovei the paity,
unless aftei attaining the ages of twenty oi eighteen yeais, as the case may be,
such paity fieely cohabiteu with the othei anu both liveu togethei as husbanu
anu wife;
(2) In a subsequent maiiiage unuei aiticle 8S, numbei 2, that the foimei
husbanu oi wife believeu to be ueau was in fact living anu the maiiiage with
such foimei husbanu oi wife was then in foice;
(S) That eithei paity was of unsounu minu, unless such paity, aftei coming to
ieason, fieely cohabiteu with the othei as husbanu oi wife;
(4) That the consent of eithei paity was obtaineu by fiauu, unless such paity
afteiwaius, with full knowleuge of the facts constituting the fiauu, fieely
cohabiteu with the othei as hei husbanu oi his wife, as the case may be;
(S) That the consent of eithei paity was obtaineu by foice oi intimiuation, unless
the violence oi thieat having uisappeaieu, such paity afteiwaius fieely
cohabiteu with the othei as hei husbanu oi his wife, as the case may be;
(6) That eithei paity was, at the time of maiiiage, physically incapable of
enteiing into the maiiieu state, anu such incapacity continues, anu appeais to be
incuiable. (Sua)
Article 8. Any of the following ciicumstances shall constitute fiauu iefeiieu to
in numbei 4 of the pieceuing aiticle:
(1) Nisiepiesentation as to the iuentity of one of the contiacting paities;
(2) Non-uisclosuie of the pievious conviction of the othei paity of a ciime
involving moial tuipituue, anu the penalty imposeu was impiisonment foi two
yeais oi moie;
(S) Concealment by the wife of the fact that at the time of the maiiiage, she was
piegnant by a man othei than hei husbanu.
No othei misiepiesentation oi ueceit as to chaiactei, iank, foitune oi chastity
shall constitute such fiauu as will give giounus foi action foi the annulment of
maiiiage. (n)
Article 87. The action foi annulment of maiiiage must be commenceu by the
paities anu within the peiious as follows:
(1) Foi causes mentioneu in numbei 1 of aiticle 8S, by the paity whose paient oi
guaiuian uiu not give his oi hei consent, within foui yeais aftei attaining the age
of twenty oi eighteen yeais, as the case may be; oi by the paient oi guaiuian oi
peison having legal chaige, at any time befoie such paity has aiiiveu at the age
of twenty oi eighteen yeais;
(2) Foi causes mentioneu in numbei 2 of aiticle 8S, by the spouse who has been
absent, uuiing his oi hei lifetime; oi by eithei spouse of the subsequent maiiiage
uuiing the lifetime of the othei;
(S) Foi causes mentioneu in numbei S of aiticle 8S, by the sane spouse, who hau
no knowleuge of the othei's insanity; oi by any ielative oi guaiuian of the paity
of unsounu minu, at any time befoie the ueath of eithei paity;
(4) Foi causes mentioneu in numbei 4, by the injuieu paity, within foui yeais
aftei the uiscoveiy of the fiauu;
(S) Foi causes mentioneu in numbei S, by the injuieu paity, within foui yeais
fiom the time the foice oi intimiuation ceaseu;
(6) Foi causes mentioneu in numbei 6, by the injuieu paity, within eight yeais
aftei the maiiiage. (S1a)
Article 88. No juugment annulling a maiiiage shall be piomulgateu upon a
stipulation of facts oi by confession of juugment.
In case of nonappeaiance of the uefenuant, the piovisions of aiticle 1u1,
paiagiaph 2, shall be obseiveu. (n)
Article 89. Chiluien conceiveu oi boin of maiiiages which aie voiu fiom the
beginning shall have the same status, iights anu obligations as acknowleugeu
natuial chiluien, anu aie calleu natuial chiluien by legal fiction.
Chiluien conceiveu of voiuable maiiiages befoie the ueciee of annulment shall
be consiueieu as legitimate; anu chiluien conceiveu theieaftei shall have the
same status, iights anu obligations as acknowleugeu natuial chiluien, anu aie
also calleu natuial chiluien by legal fiction. (n)
Article 90. When a maiiiage is annulleu, the couit shall awaiu the custouy of the
chiluien as it may ueem best, anu make piovision foi theii euucation anu
suppoit. Attoiney's fees anu expenses incuiieu in the litigation shall be chaigeu
to the conjugal paitneiship piopeity, unless the action fails. (SSa)
Article 91. Bamages may be awaiueu in the following cases when the maiiiage
is juuicially annulleu oi ueclaieu voiu fiom the beginning:
(1) If theie has been fiauu, foice oi intimiuation in obtaining the consent of one
of the contiacting paities;
(2) If eithei paity was, at the time of the maiiiage, physically incapable of
enteiing into the maiiieu state, anu the othei paity was unawaie theieof;
(S) If the peison solemnizing the maiiiage was not legally authoiizeu to peifoim
maiiiages, anu that fact was known to one of the contiacting paities, but he oi
she concealeu it fiom the othei;
(4) If a bigamous oi polygamous maiiiage was celebiateu, anu the impeuiment
was concealeu fiom the plaintiff by the paity uisqualifieu;
(S) If in an incestuous maiiiage, oi a maiiiage between a stepbiothei anu a
stepsistei oi othei maiiiage piohibiteu by aiticle 82, the ielationship was
known to only one of the contiacting paities but was not uiscloseu to the othei;
(6) If one paity was insane anu the othei was awaie theieof at the time of the
maiiiage. (n)
CHAPTER 4
Autbority to Solemnize Marriages
Article 92. Eveiy piiest, oi ministei, oi iabbi authoiizeu by his uenomination,
chuich, sect, oi ieligion to solemnize maiiiage shall senu to the piopei
goveinment office a swoin statement setting foith his full name anu uomicile,
anu that he is authoiizeu by his uenomination, chuich, sect, oi ieligion to
solemnize maiiiage, attaching to saiu statement a ceitifieu copy of his
appointment. The uiiectoi of the piopei goveinment office, upon ieceiving such
swoin statement containing the infoimation iequiieu, anu being satisfieu that
the uenomination, chuich, sect, oi ieligion of the applicant opeiates in the
Philippines, shall iecoiu the name of such piiest oi ministei in a suitable iegistei
anu issue to him an authoiization to solemnize maiiiage. Saiu piiest oi ministei
oi iabbi shall be obligeu to exhibit his authoiization to the contiacting paities, to
theii paients, gianupaients, guaiuians, oi peisons in chaige uemanuing the
same. No piiest oi ministei not having the iequiieu authoiization may solemnize
maiiiage. (S4a)
Article 93. Fieeuom of ieligion shall be obseiveu by public officials in the
issuance of authoiization to solemnize maiiiages. Consequently, no public
official shall attempt to inquiie into the tiuth oi valiuity of any ieligious uoctiine
helu by the applicant oi by his chuich. (n)
Article 94. The public official in chaige of iegistiation of piiests anu ministeis
shall cancel the authoiization issueu to a bishop, heau, piiest, iabbi, pastoi oi
ministei of the gospel of any uenomination, chuich, sect, oi ieligion, on his own
initiative oi at the iequest of any inteiesteu paity, upon showing that the chuich,
sect oi ieligion whose ministeis have been authoiizeu to solemnize maiiiage is
no longei in opeiation. The cancellation of the authoiization gianteu to a piiest,
pastoi oi ministei shall likewise be oiueieu upon the iequest of the bishop,
heau, oi lawful authoiities of the uenomination, chuich, sect oi ieligion to which
he belongs. (SSa)
Article 95. The public official in chaige of iegistiation of piiests anu ministeis,
with the appioval of the piopei heau of Bepaitment, is heieby authoiizeu to
piepaie the necessaiy foims anu to piomulgate iegulations foi the puipose of
enfoicing the piovisions of this Title. Saiu official may also by iegulations fix anu
collect fees foi the authoiization of piiests anu ministeis to solemnize maiiiages.
(S6a)
Article 9. The existing laws which punish acts oi omissions conceining the
maiiiage license, solemnization of maiiiage, authoiity to solemnize maiiiages,
anu othei acts oi omissions ielative to the celebiation of maiiiage shall iemain
anu continue to be in foice. (n)
TITLE IV
LECAL SEPARATIUN
Article 97. A petition foi legal sepaiation may be fileu:
(1) Foi auulteiy on the pait of the wife anu foi concubinage on the pait of the
husbanu as uefineu in the Penal Coue; oi
(2) An attempt by one spouse against the life of the othei. (n)
Article 98. In eveiy case the couit must take steps, befoie gianting the legal
sepaiation, towaiu the ieconciliation of the spouses, anu must be fully satisfieu
that such ieconciliation is highly impiobable. (n)
Article 99. No peison shall be entitleu to a legal sepaiation who has not iesiueu
in the Philippines foi one yeai piioi to the filing of the petition, unless the cause
foi the legal sepaiation has taken place within the teiiitoiy of this Republic. (Sec.
2a, Act No. 271u).
Article 100. The legal sepaiation may be claimeu only by the innocent spouse,
pioviueu theie has been no conuonation of oi consent to the auulteiy oi
concubinage. Wheie both spouses aie offenueis, a legal sepaiation cannot be
claimeu by eithei of them. Collusion between the paities to obtain legal
sepaiation shall cause the uismissal of the petition. (Sa, Act No. 271u)
Article 101. No ueciee of legal sepaiation shall be piomulgateu upon a
stipulation of facts oi by confession of juugment.
In case of non-appeaiance of the uefenuant, the couit shall oiuei the piosecuting
attoiney to inquiie whethei oi not a collusion between the paities exists. If theie
is no collusion, the piosecuting attoiney shall inteivene foi the State in oiuei to
take caie that the eviuence foi the plaintiff is not fabiicateu. (n)
Article 102. An action foi legal sepaiation cannot be fileu except within one yeai
fiom anu aftei the uate on which the plaintiff became cognizant of the cause anu
within five yeais fiom anu aftei the uate when such cause occuiieu. (4a, Act
271u)
Article 103. An action foi legal sepaiation shall in no case be tiieu befoie six
months shall have elapseu since the filing of the petition. (Sa, Act 271u)
Article 104. Aftei the filing of the petition foi legal sepaiation, the spouses shall
be entitleu to live sepaiately fiom each othei anu manage theii iespective
piopeity.
The husbanu shall continue to manage the conjugal paitneiship piopeity but if
the couit ueems it piopei, it may appoint anothei to manage saiu piopeity, in
which case the auministiatoi shall have the same iights anu uuties as a guaiuian
anu shall not be alloweu to uispose of the income oi of the capital except in
accoiuance with the oiueis of the couit. (6, Act 271u)
Article 105. Buiing the penuency of legal sepaiation pioceeuings the couit shall
make piovision foi the caie of the minoi chiluien in accoiuance with the
ciicumstances anu may oiuei the conjugal paitneiship piopeity oi the income
theiefiom to be set asiue foi theii suppoit; anu in uefault theieof saiu minoi
chiluien shall be caieu foi in confoimity with the piovisions of this Coue; but the
Couit shall abstain fiom making any oiuei in this iespect in case the paients
have by mutual agieement, maue piovision foi the caie of saiu minoi chiluien
anu these aie, in the juugment of the couit, well caieu foi. (7a, Act 271u)
Article 10. The ueciee of legal sepaiation shall have the following effects:
(1) The spouses shall be entitleu to live sepaiately fiom each othei, but maiiiage
bonus shall not be seveieu;
(2) The conjugal paitneiship of gains oi the absolute conjugal community of
piopeity shall be uissolveu anu liquiuateu, but the offenuing spouse shall have
no iight to any shaie of the piofits eaineu by the paitneiship oi community,
without piejuuice to the piovisions of aiticle 176;
(S) The custouy of the minoi chiluien shall be awaiueu to the innocent spouse,
unless otheiwise uiiecteu by the couit in the inteiest of saiu minois, foi whom
saiu couit may appoint a guaiuian;
(4) The offenuing spouse shall be uisqualifieu fiom inheiiting fiom the innocent
spouse by intestate succession. Noieovei, piovisions in favoi of the offenuing
spouse maue in the will of the innocent one shall be ievokeu by opeiation of law.
(n)
Article 107. The innocent spouse, aftei a ueciee of legal sepaiation has been
gianteu, may ievoke the uonations by ieason of maiiiage maue by him oi by hei
to the offenuing spouse. Alienation anu moitgages maue befoie the notation of
the complaint foi ievocation in the Registiy of Piopeity shall be valiu.
This action lapses aftei foui yeais following the uate the ueciee became final. (n)
Article 108. Reconciliation stops the pioceeuings foi legal sepaiation anu
iescinus the ueciee of legal sepaiation alieauy ienueieu.
The ievival of the conjugal paitneiship of gains oi of the absolute conjugal
community of piopeity shall be goveineu by aiticle 19S. (1ua. Act 271u)
TITLE V
RICHTS AND UBLICATIUNS BETWEEN HUSBAND AND WIFE
Article 109. The husbanu anu wife aie obligeu to live togethei, obseive mutual
iespect anu fiuelity, anu ienuei mutual help anu suppoit. (S6a)
Article 110. The husbanu shall fix the iesiuence of the family. But the couit may
exempt the wife fiom living with the husbanu if he shoulu live abioau unless in
the seivice of the Republic. (S8a)
Article 111. The husbanu is iesponsible foi the suppoit of the wife anu the iest
of the family. These expenses shall be met fiist fiom the conjugal piopeity, then
fiom the husbanu's capital, anu lastly fiom the wife's paiapheinal piopeity. In
case theie is a sepaiation of piopeity, by stipulation in the maiiiage settlements,
the husbanu anu wife shall contiibute piopoitionately to the family expenses.
(n)
Article 112. The husbanu is the auministiatoi of the conjugal piopeity, unless
theie is a stipulation in the maiiiage settlements confeiiing the auministiation
upon the wife. She may also auministei the conjugal paitneiship in othei cases
specifieu in this Coue. (n)
Article 113. The husbanu must be joineu in all suits by oi against the wife,
except:
(1) When they aie juuicially sepaiateu;
(2) If they have in fact been sepaiateu foi at least one yeai;
(S) When theie is a sepaiation of piopeity agieeu upon in the maiiiage
settlements;
(4) If the auministiation of all the piopeity in the maiiiage has been tiansfeiieu
to hei, in accoiuance with aiticles 196 anu 197;
(S) When the litigation is between the husbanu anu wife;
(6) If the suit conceins hei paiapheinal piopeity;
(7) When the action is upon the civil liability aiising fiom a ciiminal offense;
(8) If the litigation is inciuental to the piofession, occupation oi business in
which she is engageu;
(9) In any civil action iefeiieu to in aiticles 2S to SS; anu
(1u) In an action upon a quasi-uelict.
In the cases mentioneu in Nos. 7 to 1u, the husbanu must be joineu as a paity
uefenuant if the thiiu paiagiaph of aiticle 16S is applicable. (n)
Article 114. The wife cannot, without the husbanu's consent acquiie any
piopeity by giatuitous title, except fiom hei ascenuants, uescenuants, paients-
in-law, anu collateial ielatives within the fouith uegiee. (n)
Article 115. The wife manages the affaiis of the householu. She may puichase
things necessaiy foi the suppoit of the family, anu the conjugal paitneiship shall
be bounu theieby. She may boiiow money foi this puipose, if the husbanu fails
to uelivei the piopei sum. The puichase of jeweliy anu piecious objects is
voiuable, unless the tiansaction has been expiessly oi tacitly appioveu by the
husbanu, oi unless the piice paiu is fiom hei paiapheinal piopeity. (62a)
Article 11. When one of the spouses neglects his oi hei uuties to the conjugal
union oi biings uangei, uishonoi oi mateiial injuiy upon the othei, the injuieu
paity may apply to the couit foi ielief.
The couit may counsel the offenuei to comply with his oi hei uuties, anu take
such measuies as may be piopei. (n)
Article 117. The wife may exeicise any piofession oi occupation oi engage in
business. Bowevei, the husbanu may object, pioviueu:
(1) Bis income is sufficient foi the family, accoiuing to its social stanuing, anu
(2) Bis opposition is founueu on seiious anu valiu giounus.
In case of uisagieement on this question, the paients anu gianupaients as well as
the family council, if any, shall be consulteu. If no agieement is still aiiiveu at, the
couit will ueciue whatevei may be piopei anu in the best inteiest of the family.
(n)
TITLE VI
PRUPERTY RELATIUNS BETWEEN HUSBAND AND WIFE
CHAPTER 1
Ceneral Provisions
Article 118. The piopeity ielations between husbanu anu wife shall be
goveineu in the following oiuei:
(1) By contiact executeu befoie the maiiiage;
(2) By the piovisions of this Coue; anu
(S) By custom. (1S1Sa)
Article 119. The futuie spouses may in the maiiiage settlements agiee upon
absolute oi ielative community of piopeity, oi upon complete sepaiation of
piopeity, oi upon any othei iegime. In the absence of maiiiage settlements, oi
when the same aie voiu, the system of ielative community oi conjugal
paitneiship of gains as establisheu in this Coue, shall govein the piopeity
ielations between husbanu anu wife. (n)
Article 120. A minoi who accoiuing to law may contiact maiiiage, may also
execute his oi hei maiiiage settlements; but they shall be valiu only if the
peisons uesignateu by law to give consent to the maiiiage of the minoi take pait
in the ante-nuptial agieement. In the absence of the paients oi of a guaiuian, the
consent to the maiiiage settlements will be given by the family council. (1S18a)
Article 121. In oiuei that any mouification in the maiiiage settlements may be
valiu, it must be maue befoie the celebiation of the maiiiage, subject to the
piovisions of Ait. 191. (1S19a)
Article 122. The maiiiage settlements anu any mouification theieof shall be
goveineu by the Statute of Fiauus, anu executeu befoie the celebiation of the
maiiiage. They shall not piejuuice thiiu peisons unless they aie iecoiueu in the
Registiy of Piopeity. (1S21a)
Article 123. Foi the valiuity of maiiiage settlements executeu by any peison
upon whom a sentence of civil inteiuiction has been pionounceu, the piesence
anu paiticipation of the guaiuian shall be inuispensable, who foi this puipose
shall be uesignateu by a competent couit, in accoiuance with the piovisions of
the Rules of Couit. (1S2Sa)
Article 124. If the maiiiage is between a citizen of the Philippines anu a
foieignei, whethei celebiateu in the Philippines oi abioau, the following iules
shall pievail:
(1) If the husbanu is a citizen of the Philippines while the wife is a foieignei, the
piovisions of this Coue shall govein theii ielations;
(2) If the husbanu is a foieignei anu the wife is a citizen of the Philippines, the
laws of the husbanu's countiy shall be followeu, without piejuuice to the
piovisions of this Coue with iegaiu to immovable piopeity. (1S2Sa)
Article 125. Eveiything stipulateu in the settlements oi contiacts iefeiieu to in
the pieceuing aiticles in consiueiation of a futuie maiiiage shall be ienueieu
voiu anu without effect whatevei, if the maiiiage shoulu not take place.
Bowevei, those stipulations that uo not uepenu upon the celebiation of the
maiiiage shall be valiu. (1S26a)
CHAPTER 2
Donations by Reason of Marriage
Article 12. Bonations by ieasons of maiiiage aie those which aie maue befoie
its celebiation, in consiueiation of the same anu in favoi of one oi both of the
futuie spouses. (1S27)
Article 127. These uonations aie goveineu by the iules on oiuinaiy uonations
establisheu in Title III of Book III, except as to theii foim which shall be
iegulateu by the Statute of Fiauus; anu insofai as they aie not mouifieu by the
following aiticles. (1S28a)
Article 128. Ninois may make anu ieceive uonations in theii ante-nuptial
contiact, pioviueu they aie authoiizeu by the peisons who aie to give theii
consent to the maiiiage of saiu minois. (1S29a)
Article 129. Expiess acceptance is not necessaiy foi the valiuity of these
uonations. (1SSu)
Article 130. The futuie spouses may give each othei in theii maiiiage
settlements as much as one-fifth of theii piesent piopeity, anu with iespect to
theii futuie piopeity, only in the event of ueath, to the extent laiu uown by the
piovisions of this Coue iefeiiing to testamentaiy succession. (1SS1a)
Article 131. The uonoi by ieason of maiiiage shall ielease the piopeity uonateu
fiom moitgages anu all othei encumbiances upon the same, with the exception
of easements, unless in the maiiiage settlements oi in the contiacts the contiaiy
has been stipulateu. (1SS2a)
Article 132. A uonation by ieason of maiiiage is not ievocable, save in the
following cases:
(1) If it is conuitional anu the conuition is not complieu with;
(2) If the maiiiage is not celebiateu;
(S) When the maiiiage takes place without the consent of the paients oi
guaiuian, as iequiieu by law;
(4) When the maiiiage is annulleu, anu the uonee acteu in bau faith;
(S) 0pon legal sepaiation, the uonee being the guilty spouse;
(6) When the uonee has committeu an act of ingiatituue as specifieu by the
piovisions of this Coue on uonations in geneial. (1SSSa)
Article 133. Eveiy uonation between the spouses uuiing the maiiiage shall be
voiu. This piohibition uoes not apply when the uonation takes effect aftei the
ueath of the uonoi.
Neithei uoes this piohibition apply to moueiate gifts which the spouses may give
each othei on the occasion of any family iejoicing. (1SS4a)
Article 134. Bonations uuiing the maiiiage by one of the spouses to the chiluien
whom the othei spouse hau by anothei maiiiage, oi to peisons of whom the
othei spouse is a piesumptive heii at the time of the uonation aie voiuable, at
the instance of the uonoi's heiis aftei his ueath. (1SSSa)
CHAPTER 3
Parapbernal Property
Article 135. All piopeity biought by the wife to the maiiiage, as well as all
piopeity she acquiies uuiing the maiiiage, in accoiuance with aiticle 148, is
paiapheinal. (1S81a)
Article 13. The wife ietains the owneiship of the paiapheinal piopeity. (1S82)
Article 137. The wife shall have the auministiation of the paiapheinal piopeity,
unless she ueliveis the same to the husbanu by means of a public instiument
empoweiing him to auministei it.
In this case, the public instiument shall be iecoiueu in the Registiy of Piopeity.
As foi the movables, the husbanu shall give auequate secuiity. (1S84a)
Article 138. The fiuits of the paiapheinal piopeity foim pait of the assets of the
conjugal paitneiship, anu shall be subject to the payment of the expenses of the
maiiiage.
The piopeity itself shall also be subject to the uaily expenses of the family, if the
piopeity of the conjugal paitneiship anu the husbanu's capital aie not sufficient
theiefoi. (1S8Sa)
Article 139. The peisonal obligations of the husbanu can not be enfoiceu against
the fiuits of the paiapheinal piopeity, unless it be pioveu that they ieuounueu
to the benefit of the family. (1S86)
Article 140. A maiiieu woman of age may moitgage, encumbei, alienate oi
otheiwise uispose of hei paiapheinal piopeity, without the peimission of the
husbanu, anu appeai alone in couit to litigate with iegaiu to the same. (n)
Article 141. The alienation of any paiapheinal piopeity auministeieu by the
husbanu gives a iight to the wife to iequiie the constitution of a moitgage oi any
othei secuiity foi the amount of the piice which the husbanu may have ieceiveu.
(1S9ua)
CHAPTER 4
Con|ugal Partnersbip of Cains
SECTIUN 1
Ceneral Provisions
Article 142. By means of the conjugal paitneiship of gains the husbanu anu wife
place in a common funu the fiuits of theii sepaiate piopeity anu the income
fiom theii woik oi inuustiy, anu uiviue equally, upon the uissolution of the
maiiiage oi of the paitneiship, the net gains oi benefits obtaineu
inuisciiminately by eithei spouse uuiing the maiiiage. (1S92a)
Article 143. All piopeity of the conjugal paitneiship of gains is owneu in
common by the husbanu anu wife. (n)
Article 144. When a man anu a woman live togethei as husbanu anu wife, but
they aie not maiiieu, oi theii maiiiage is voiu fiom the beginning, the piopeity
acquiieu by eithei oi both of them thiough theii woik oi inuustiy oi theii wages
anu salaiies shall be goveineu by the iules on co-owneiship. (n)
Article 145. The conjugal paitneiship shall commence piecisely on the uate of
the celebiation of the maiiiage. Any stipulation to the contiaiy shall be voiu.
(1S9S)
Article 14. Waivei of the gains oi of the effects of this paitneiship uuiing
maiiiage cannot be maue except in case of juuicial sepaiation.
When the waivei takes place by ieason of sepaiation, oi aftei the maiiiage has
been uissolveu oi annulleu, the same shall appeai in a public instiument, anu the
cieuitois shall have the iight which aiticle 1uS2 giants them. (1S94a)
Article 147. The conjugal paitneiship shall be goveineu by the iules on the
contiact of paitneiship in all that is not in conflict with what is expiessly
ueteimineu in this Chaptei. (1S9S)
SECTIUN 2
Exclusive Property of Eacb Spouse
Article 148. The following shall be the exclusive piopeity of each spouse:
(1) That which is biought to the maiiiage as his oi hei own;
(2) That which each acquiies, uuiing the maiiiage, by luciative title;
(S) That which is acquiieu by iight of ieuemption oi by exchange with othei
piopeity belonging to only one of the spouses;
(4) That which is puichaseu with exclusive money of the wife oi of the husbanu.
(1S96)
Article 149. Whoevei gives oi piomises capital to the husbanu shall not be
subject to waiianty against eviction, except in case of fiauu. (1S97)
Article 150. Piopeity uonateu oi left by will to the spouses, jointly anu with
uesignation of ueteiminate shaies, shall peitain to the wife as paiapheinal
piopeity, anu to the husbanu as capital, in the piopoition specifieu by the uonoi
oi testatoi, anu in the absence of uesignation, shaie anu shaie alike, without
piejuuice to what is pioviueu in aiticle 7SS. (1S98a)
Article 151. If the uonations aie oneious, the amount of the chaiges shall be
ueuucteu fiom the paiapheinal piopeity oi fiom the husbanu's capital,
whenevei they have been boine by the conjugal paitneiship. (1S99a)
Article 152. If some cieuit payable in a ceitain numbei of yeais, oi a life
pension, shoulu peitain to one of the spouses, the piovisions of aiticles 1S6 anu
1S7 shall be obseiveu to ueteimine what constitutes the paiapheinal piopeity
anu what foims the capital of the husbanu. (14uua)
SECTIUN 3
Con|ugal Partnersbip Property
Article 153. The following aie conjugal paitneiship piopeity:
(1) That which is acquiieu by oneious title uuiing the maiiiage at the expense of
the common funu, whethei the acquisition be foi the paitneiship, oi foi only one
of the spouses;
(2) That which is obtaineu by the inuustiy, oi woik, oi as salaiy of the spouses,
oi of eithei of them;
(S) The fiuits, ients oi inteiests ieceiveu oi uue uuiing the maiiiage, coming
fiom the common piopeity oi fiom the exclusive piopeity of each spouse.
(14u1)
Article 154. That shaie of the hiuuen tieasuie which the law awaius to the
finuei oi the piopiietoi belongs to the conjugal paitneiship. (n)
Article 155. Things acquiieu by occupation, such as fishing anu hunting, peitain
to the conjugal paitneiship of gains. (n)
Article 15. Whenevei an amount oi cieuit payable in a ceitain numbei of yeais
belongs to one of the spouses, the sums which may be collecteu by installments
uue uuiing the maiiiage shall not peitain to the conjugal paitneiship, but shall
be consiueieu capital of the husbanu oi of the wife, as the cieuit may belong to
one oi the othei spouse. (14u2)
Article 157. The iight to an annuity, whethei peipetual oi of life, anu the iight of
usufiuct, belonging to one of the spouses shall foim a pait of his oi hei sepaiate
piopeity, but the fiuits, pensions anu inteiests uue uuiing the maiiiage shall
belong to the paitneiship.
The usufiuct which the spouses have ovei the piopeity of theii chiluien, though
of anothei maiiiage, shall be incluueu in this piovision. (14uSa)
Article 158. Impiovements, whethei foi utility oi auoinment, maue on the
sepaiate piopeity of the spouses thiough auvancements fiom the paitneiship oi
thiough the inuustiy of eithei the husbanu oi the wife, belong to the conjugal
paitneiship.
Builuings constiucteu, at the expense of the paitneiship, uuiing the maiiiage on
lanu belonging to one of the spouses, also peitain to the paitneiship, but the
value of the lanu shall be ieimbuiseu to the spouse who owns the same. (14u4a)
Article 159. Whenevei the paiapheinal piopeity oi the husbanu's capital
consists, in whole oi in pait, of livestock existing upon the uissolution of the
paitneiship, the numbei of animals exceeuing that biought to the maiiiage shall
be ueemeu to be of the conjugal paitneiship. (14uSa)
Article 10. All piopeity of the maiiiage is piesumeu to belong to the conjugal
paitneiship, unless it be pioveu that it peitains exclusively to the husbanu oi to
the wife. (14u7)
SECTIUN 4
Cbarges Upon and Ubligation of tbe Con|ugal Partnersbip
Article 11. The conjugal paitneiship shall be liable foi:
(1) All uebts anu obligations contiacteu by the husbanu foi the benefit of the
conjugal paitneiship, anu those contiacteu by the wife, also foi the same
puipose, in the cases wheie she may legally binu the paitneiship;
(2) Aiieais oi income uue, uuiing the maiiiage, fiom obligations which
constitute a chaige upon piopeity of eithei spouse oi of the paitneiship;
(S) Ninoi iepaiis oi foi meie pieseivation maue uuiing the maiiiage upon the
sepaiate piopeity of eithei the husbanu oi the wife; majoi iepaiis shall not be
chaigeu to the paitneiship;
(4) Najoi oi minoi iepaiis upon the conjugal paitneiship piopeity;
(S) The maintenance of the family anu the euucation of the chiluien of both
husbanu anu wife, anu of legitimate chiluien of one of the spouses;
(6) Expenses to peimit the spouses to complete a piofessional, vocational oi
othei couise. (14u8a)
Article 12. The value of what is uonateu oi piomiseu to the common chiluien
by the husbanu, only foi secuiing theii futuie oi the finishing of a caieei, oi by
both spouses thiough a common agieement, shall also be chaigeu to the conjugal
paitneiship, when they have not stipulateu that it is to be satisfieu fiom the
piopeity of one of them, in whole oi in pait. (14u9)
Article 13. The payment of uebts contiacteu by the husbanu oi the wife befoie
the maiiiage shall not be chaigeu to the conjugal paitneiship.
Neithei shall the fines anu pecuniaiy inuemnities imposeu upon them be
chaigeu to the paitneiship.
Bowevei, the payment of uebts contiacteu by the husbanu oi the wife befoie the
maiiiage, anu that of fines anu inuemnities imposeu upon them, may be enfoiceu
against the paitneiship assets aftei the iesponsibilities enumeiateu in aiticle
161 have been coveieu, if the spouse who is bounu shoulu have no exclusive
piopeity oi if it shoulu be insufficient; but at the time of the liquiuation of the
paitneiship such spouse shall be chaigeu foi what has been paiu foi the puipose
above-mentioneu. (141u)
Article 14. Whatevei may be lost uuiing the maiiiage in any kinu of gambling,
betting oi game, whethei peimitteu oi piohibiteu by law, shall be boine by the
losei, anu shall not be chaigeu to the conjugal paitneiship. (1411a)
SECTIUN 5
Administration of tbe Con|ugal Partnersbip
Article 15. The husbanu is the auministiatoi of the conjugal paitneiship.
(1412a)
Article 1. 0nless the wife has been ueclaieu a non compos mentis oi a
spenuthiift, oi is unuei civil inteiuiction oi is confineu in a lepiosaiium, the
husbanu cannot alienate oi encumbei any ieal piopeity of the conjugal
paitneiship without the wife's consent. If she iefuses unieasonably to give hei
consent, the couit may compel hei to giant the same.
This aiticle shall not apply to piopeity acquiieu by the conjugal paitneiship
befoie the effective uate of this Coue. (141Sa)
Article 17. In case of abuse of poweis of auministiation of the conjugal
paitneiship piopeity by the husbanu, the couits, on petition of the wife, may
pioviue foi ieceiveiship, oi auministiation by the wife, oi sepaiation of
piopeity. (n)
Article 18. The wife may, by expiess authoiity of the husbanu embouieu in a
public instiument, auministei the conjugal paitneiship piopeity. (n)
Article 19. The wife may also by expiess authoiity of the husbanu appeaiing in
a public instiument, auministei the lattei's estate. (n)
Article 170. The husbanu oi the wife may uispose by will of his oi hei half of the
conjugal paitneiship piofits. (1414a)
Article 171. The husbanu may uispose of the conjugal paitneiship piopeity foi
the puiposes specifieu in aiticles 161 anu 162. (141Sa)
Article 172. The wife cannot binu the conjugal paitneiship without the
husbanu's consent except in cases pioviueu by law. (1416a)
Article 173. The wife may, uuiing the maiiiage, anu within ten yeais fiom the
tiansaction questioneu, ask the couits foi the annulment of any contiact of the
husbanu enteieu into without hei consent, when such consent is iequiieu, oi any
act oi contiact of the husbanu which tenus to uefiauu hei oi impaii hei inteiest
in the conjugal paitneiship piopeity. Shoulu the wife fail to exeicise this iight,
she oi hei heiis, aftei the uissolution of the maiiiage, may uemanu the value of
piopeity fiauuulently alienateu by the husbanu. (n)
Article 174. With the exception of moueiate uonations foi chaiity, neithei
husbanu noi wife can uonate any piopeity of the conjugal paitneiship without
the consent of the othei. (n)
SECTIUN
Dissolution of tbe Con|ugal Partnersbip
Article 175. The conjugal paitneiship of gains teiminates:
(1) 0pon the ueath of eithei spouse;
(2) When theie is a ueciee of legal sepaiation;
(S) When the maiiiage is annulleu;
(4) In case of juuicial sepaiation of piopeity unuei aiticle 191. (1417a)
Article 17. In case of legal sepaiation, the guilty spouse shall foifeit his oi hei
shaie of the conjugal paitneiship piofits, which shall be awaiueu to the chiluien
of both, anu the chiluien of the guilty spouse hau by a piioi maiiiage. Bowevei, if
the conjugal paitneiship piopeity came mostly oi entiiely fiom the woik oi
inuustiy, oi fiom the wages anu salaiies, oi fiom the fiuits of the sepaiate
piopeity of the guilty spouse, this foifeituie shall not apply.
In case theie aie no chiluien, the innocent spouse shall be entitleu to all the net
piofits. (n)
Article 177. In case of annulment of the maiiiage, the spouse who acteu in bau
faith oi gave cause foi annulment shall foifeit his oi hei shaie of the conjugal
paitneiship piofits. The piovision of the pieceuing aiticle shall govein. (n)
Article 178. The sepaiation in fact between husbanu anu wife without juuicial
appioval, shall not affect the conjugal paitneiship, except that:
(1) The spouse who leaves the conjugal home oi iefuses to live theiein, without
just cause, shall not have a iight to be suppoiteu;
(2) When the consent of one spouse to any tiansaction of the othei is iequiieu by
law, juuicial authoiization shall be necessaiy;
(S) If the husbanu has abanuoneu the wife without just cause foi at least one
yeai, she may petition the couit foi a ieceiveiship, oi auministiation by hei of
the conjugal paitneiship piopeity, oi sepaiation of piopeity. (n)
SECTIUN 7
Liquidation of tbe Con|ugal Partnersbip
Article 179. 0pon the uissolution of the conjugal paitneiship, an inventoiy shall
be foimeu, but such inventoiy shall not be necessaiy:
(1) If, aftei the uissolution of the paitneiship, one of the spouses shoulu have
ienounceu its effects anu consequences in uue time; oi
(2) When sepaiation of piopeity has pieceueu the uissolution of the paitneiship.
(1418a)
Article 180. The beu anu beuuing which the spouses oiuinaiily use shall not be
incluueu in the inventoiy. These effects, as well as the clothing foi theii oiuinaiy
use, shall be ueliveieu to the suiviving spouse. (142u)
Article 181. The inventoiy having been completeu, the paiapheinal piopeity
shall fiist be paiu. Then, the uebts anu chaiges against the conjugal paitneiship
shall be paiu. (1422a)
Article 182. The uebts, chaiges anu obligations of the conjugal paitneiship
having been paiu; the capital of the husbanu shall be liquiuateu anu paiu to the
amount of the piopeity inventoiieu. (142Sa)
Article 183. The ueuuctions fiom the inventoiieu piopeity having been maue as
pioviueu in the two pieceuing aiticles, the iemainuei of saiu piopeity shall
constitute the cieuit of the conjugal paitneiship. (1424)
Article 184. The loss oi ueteiioiation of the movables belonging to eithei
spouse, although thiough foituitous event, shall be paiu fiom the conjugal
paitneiship of gains, shoulu theie be any.
Those suffeieu by ieal piopeity shall not be ieimbuisable in any case, except
those on paiapheinal piopeity auministeieu by the husbanu, when the losses
weie uue to his fault. Be shall pay foi the same. (142Sa)
Article 185. The net iemainuei of the conjugal paitneiship of gains shall be
uiviueu equally between the husbanu anu the wife oi theii iespective heiis,
unless a uiffeient basis of uivision was agieeu upon in the maiiiage settlements.
(1426a)
Article 18. The mouining appaiel of the wiuow shall be paiu foi out of the
estate of the ueceaseu husbanu. (1427a)
Article 187. With iegaiu to the foimation of the inventoiy, iules foi appiaisal
anu sale of piopeity of the conjugal paitneiship, anu othei matteis which aie not
expiessly ueteimineu in the piesent Chaptei, the Rules of Couit on the
auministiation of estates of ueceaseu peisons shall be obseiveu. (1428a)
Article 188. Fiom the common mass of piopeity suppoit shall be given to the
suiviving spouse anu to the chiluien uuiing the liquiuation of the inventoiieu
piopeity anu until what belongs to them is ueliveieu; but fiom this shall be
ueuucteu that amount ieceiveu foi suppoit which exceeus the fiuits oi ients
peitaining to them. (14Su)
Article 189. Whenevei the liquiuation of the paitneiship of two oi moie
maiiiages contiacteu by the same peison shoulu be caiiieu out at the same time,
in oiuei to ueteimine the capital of each paitneiship all kinus of pioof in the
absence of inventoiies shall be aumitteu; anu in case of uoubt, the paitneiship
piopeity shall be uiviueu between the uiffeient paitneiships in piopoition to the
uuiation of each anu to the piopeity belonging to the iespective spouses. (14S1)
CHAPTER 5
Separation of Property of tbe Spouses and Administration of Property by
tbe Wife During tbe Marriage
Article 190. In the absence of an expiess ueclaiation in the maiiiage
settlements, the sepaiation of piopeity between spouses uuiing the maiiiage
shall not take place save in viitue of a juuicial oiuei. (14S2a)
Article 191. The husbanu oi the wife may ask foi the sepaiation of piopeity, anu
it shall be uecieeu when the spouse of the petitionei has been sentenceu to a
penalty which caiiies with it civil inteiuiction, oi has been ueclaieu absent, oi
when legal sepaiation has been gianteu.
In case of abuse of poweis of auministiation of the conjugal paitneiship
piopeity by the husbanu, oi in case of abanuonment by the husbanu, sepaiation
of piopeity may also be oiueieu by the couit, accoiuing to the piovisions of
aiticles 167 anu 178, No. S.
In all these cases, it is sufficient to piesent the final juugment which has been
enteieu against the guilty oi absent spouse. (14SSa)
The husbanu anu the wife may agiee upon the uissolution of the conjugal
paitneiship uuiing the maiiiage, subject to juuicial appioval. All the cieuitois of
the husbanu anu of the wife, as well as of the conjugal paitneiship shall be
notifieu of any petition foi juuicial appioval oi the voluntaiy uissolution of the
conjugal paitneiship, so that any such cieuitois may appeai at the heaiing to
safeguaiu his inteiests. 0pon appioval of the petition foi uissolution of the
conjugal paitneiship, the couit shall take such measuies as may piotect the
cieuitois anu othei thiiu peisons.
Aftei uissolution of the conjugal paitneiship, the piovisions of aiticles 214 anu
21S shall apply. The piovisions of this Coue conceining the effect of paitition
stateu in aiticles 498 to Su1 shall be applicable. (14SSa)
Article 192. 0nce the sepaiation of piopeity has been oiueieu, the conjugal
paitneiship shall be uissolveu, anu its liquiuation shall be maue in confoimity
with what has been establisheu by this Coue.
Bowevei, without piejuuice to the piovisions of aiticle 292, the husbanu anu the
wife shall be iecipiocally liable foi theii suppoit uuiing the sepaiation, anu foi
the suppoit anu euucation of theii chiluien; all in piopoition to theii iespective
piopeity.
The shaie of the spouse who is unuei civil inteiuiction oi absent shall be
auministeieu in accoiuance with the Rules of Couit. (14S4a)
Article 193. The complaint foi sepaiation anu the final juugment ueclaiing the
same, shall be noteu anu iecoiueu in the piopei iegisteis of piopeity, if the
juugment shoulu iefei to immovable piopeity. (14S7)
Article 194. The sepaiation of piopeity shall not piejuuice the iights pieviously
acquiieu by cieuitois. (14S8)
Article 195. The sepaiation of piopeity ceases:
(1) 0pon ieconciliation of the spouses, in case of legal sepaiation;
(2) When the civil inteiuiction teiminates;
(S) When the absent spouse appeais;
(4) When the couit, at the instance of the wife, authoiizes the husbanu to iesume
the auministiation of the conjugal paitneiship, the couit being satisfieu that the
husbanu will not again abuse his poweis as an auministiatoi;
(S) When the husbanu, who has abanuoneu the wife, iejoins hei.
In the above cases, the piopeity ielations between the spouses shall be goveineu
by the same iules as befoie the sepaiation, without piejuuice to the acts anu
contiacts legally executeu uuiing the sepaiation.
The spouses shall state, in a public uocument, all the piopeity which they ietuin
to the maiiiage anu which shall constitute the sepaiate piopeity of each.
This public uocument shall be iecoiueu in the Registiy of Piopeity.
In the cases iefeiieu to in this aiticle, all the piopeity biought in shall be ueemeu
to be newly contiibuteu, even though all oi some may be the same which existeu
befoie the liquiuation effecteu by ieason of the sepaiation. (14S9a)
Article 19. With the conjugal paitneiship subsisting, the auministiation of all
classes of piopeity in the maiiiage may be tiansfeiieu by the couits to the wife:
(1) When she becomes the guaiuian of hei husbanu;
(2) When she asks foi the ueclaiation of his absence;
(S) In case of civil inteiuiction of the husbanu.
The couits may also confei the auministiation to the wife, with such limitation as
they may ueem auvisable, if the husbanu shoulu become a fugitive fiom justice oi
be in hiuing as a uefenuant in a ciiminal case, oi if, being absolutely unable to
auministei, he shoulu have faileu to pioviue foi auministiation. (1441a)
Article 197. The wife to whom the auministiation of all the piopeity of the
maiiiage is tiansfeiieu shall have, with iespect to saiu piopeity, the same
poweis anu iesponsibility which the husbanu has when he is the auministiatoi,
but always subject to the piovisions of the last paiagiaph of the pieceuing
aiticle. (1442a)
CHAPTER
System of Absolute Community
Article 198. In case the futuie spouses agiee in the maiiiage settlements that
the system of absolute community shall govein theii piopeity ielations uuiing
maiiiage, the following piovisions shall be of supplementaiy application.
Article 199. In the absence of stipulation to the contiaiy, the community shall
consist of all piesent anu futuie piopeity of the spouses not excepteu by law.
Article 200. Neithei spouse may ienounce any inheiitance without the consent
of the othei. In case of conflict, the couit shall ueciue the question, aftei
consulting the family council, if theie is any.
Article 201. The following shall be excluueu fiom the community:
(1) Piopeity acquiieu by giatuitous title by eithei spouse, when it is pioviueu by
the uonoi oi testatoi that it shall not become a pait of the community;
(2) Piopeity inheiiteu by eithei husbanu oi wife thiough the ueath of a chilu by
a foimei maiiiage, theie being biotheis oi sisteis of the full bloou of the
ueceaseu chilu;
(S) A poition of the piopeity of eithei spouse equivalent to the piesumptive
legitime of the chiluien by a foimei maiiiage;
(4) Peisonal belongings of eithei spouse.
Bowevei, all the fiuits anu income of the foiegoing classes of piopeity shall be
incluueu in the community.
Article 202. Antenuptial uebts of eithei spouse shall not be paiu fiom the
community, unless the same have ieuounueu to the benefit of the family.
Article 203. Bebts contiacteu by both spouses oi by one of them with the
consent of the othei shall be paiu fiom the community. If the common piopeity
is insufficient to covei common uebts, the same may be enfoiceu against the
sepaiate piopeity of the spouses, who shall be equally liable.
Article 204. Bebts contiacteu by eithei spouse without the consent of the othei
shall be chaigeable against the community to the extent that the family may have
been benefiteu theieby.
Article 205. Inuemnities that must be paiu by eithei spouse on account of a
ciime oi of a quasi-uelict shall be paiu fiom the common assets, without any
obligation to make ieimbuisement.
Article 20. The owneiship, auministiation, possession anu enjoyment of the
common piopeity belong to both spouses jointly. In case of uisagieement, the
couits shall settle the uifficulty.
Article 207. Neithei spouse may alienate oi encumbei any common piopeity
without the consent of the othei. In case of unjustifiable iefusal by the othei
spouse, the couits may giant the necessaiy consent.
Article 208. The absolute community of piopeity shall be uissolveu on any of
the giounus specifieu in aiticle 17S.
Article 209. When theie is a sepaiation in fact between husbanu anu wife,
without juuicial appioval, the piovisions of aiticle 178 shall apply.
Article 210. 0pon the uissolution anu liquiuation of the community, the net
assets shall be uiviueu equally between the husbanu anu the wife oi theii heiis.
In case of legal sepaiation oi annulment of maiiiage, the piovisions of aiticles
176 anu 177 shall apply to the net piofits acquiieu uuiing the maiiiage.
Article 211. Liquiuation of the absolute community shall be goveineu by the
Rules of Couit on the auministiation of the estate of ueceaseu peisons.
CHAPTER 7
System of Complete Separation of Property
Article 212. Shoulu the futuie spouses agiee in the maiiiage settlements that
theii piopeity ielations uuiing maiiiage shall be baseu upon the system of
complete sepaiation of piopeity, the following piovisions shall supplement the
maiiiage settlements. ARTICLE 21S. Sepaiation of piopeity may iefei to piesent
oi futuie piopeity oi both. It may be total oi paitial. In the lattei case, the
piopeity not agieeu upon as sepaiate shall peitain to the conjugal paitneiship of
gains.
Article 214. Each spouse shall own, uispose of, possess, auministei anu enjoy his
oi hei own sepaiate estate, without the consent of the othei. All eainings fiom
any piofession, business oi inuustiy shall likewise belong to each spouse.
Article 215. Each spouse shall piopoitionately beai the family expenses.
TITLE VII
THE FAMILY(n)
CHAPTER 1
Tbe Family as an Institution
Article 21. The family is a basic social institution which public policy cheiishes
anu piotects.
Article 217. Family ielations shall incluue those:
(1) Between husbanu anu wife;
(2) Between paient anu chilu;
(S) Among othei ascenuants anu theii uescenuants;
(4) Among biotheis anu sisteis.
Article 218. The law goveins family ielations. No custom, piactice oi agieement
which is uestiuctive of the family shall be iecognizeu oi given any effect.
Article 219. Nutual aiu, both moial anu mateiial, shall be ienueieu among
membeis of the same family. }uuicial anu auministiative officials shall fostei this
mutual assistance.
Article 220. In case of uoubt, all piesumptions favoi the soliuaiity of the family.
Thus, eveiy intenument of law oi facts leans towaiu the valiuity of maiiiage, the
inuissolubility of the maiiiage bonus, the legitimacy of chiluien, the community
of piopeity uuiing maiiiage, the authoiity of paients ovei theii chiluien, anu the
valiuity of uefense foi any membei of the family in case of unlawful aggiession.
Article 221. The following shall be voiu anu of no effect:
(1) Any contiact foi peisonal sepaiation between husbanu anu wife;
(2) Eveiy extia-juuicial agieement, uuiing maiiiage, foi the uissolution of the
conjugal paitneiship of gains oi of the absolute community of piopeity between
husbanu anu wife;
(S) Eveiy collusion to obtain a ueciee of legal sepaiation, oi of annulment of
maiiiage;
(4) Any simulateu alienation of piopeity with intent to uepiive the compulsoiy
heiis of theii legitime.
Article 222. No suit shall be fileu oi maintaineu between membeis of the same
family unless it shoulu appeai that eainest effoits towaiu a compiomise have
been maue, but that the same have faileu, subject to the limitations in aiticle
2uSS.
CHAPTER 2
Tbe Family Home (n)
SECTIUN 1
Ceneral Provisions
Article 223. The family home is the uwelling house wheie a peison anu his
family iesiue, anu the lanu on which it is situateu. If constituteu as heiein
pioviueu, the family home shall be exempt fiom execution, foiceu sale oi
attachment, except as pioviueu in aiticles 2S2 anu 24S.
Article 224. The family home may be establisheu juuicially oi extiajuuicially.
SECTIUN 2
)udicial Constitution of tbe Family Home
Article 225. The family home may be constituteu by a veiifieu petition to the
Couit of Fiist Instance by the ownei of the piopeity, anu by appioval theieof by
the couit.
Article 22. The following shall be beneficiaiies of the family home;
(1) The peison establishing the same;
(2) Bis oi hei spouse;
(S) Bis oi hei paients, ascenuants, uescenuants, biotheis anu sisteis, whethei
the ielationship be legitimate oi otheiwise, who aie living in the family home
anu who uepenu upon him foi suppoit.
Article 227. The family home may also be set up by an unmaiiieu peison who is
the heau of a family oi householu.
Article 228. If the petitionei is maiiieu, the family home may be selecteu fiom
the conjugal paitneiship oi community piopeity, oi fiom the sepaiate piopeity
of the husbanu, oi, with the consent of the wife, fiom hei paiapheinal piopeity.
Article 229. The petition shall contain the following paiticulais:
(1) Besciiption of the piopeity;
(2) An estimate of its actual value;
(S) A statement that the petitionei is actually iesiuing in the piemises;
(4) The encumbiances theieon;
(S) The names anu auuiesses of all the cieuitois of the petitionei anu of all
moitgagees anu othei peisons who have an inteiest in the piopeity;
(6) The names of the othei beneficiaiies specifieu in aiticle 226.
Article 230. Cieuitois, moitgagees anu all othei peisons who have an inteiest in
the estate shall be notifieu of the petition, anu given an oppoitunity to piesent
theii objections theieto. The petition shall, moieovei, be publisheu once a week
foi thiee consecutive weeks in a newspapei of geneial ciiculation.
Article 231. If the couit finus that the actual value of the pioposeu family home
uoes not exceeu twenty thousanu pesos, oi thiity thousanu pesos in chaiteieu
cities, anu that no thiiu peison is piejuuiceu, the petition shall be appioveu.
Shoulu any cieuitoi whose claim is unsecuieu, oppose the establishment of the
family home, the couit shall giant the petition if the uebtoi gives sufficient
secuiity foi the uebt.
Article 232. The family home, aftei its cieation by viitue of juuicial appioval,
shall be exempt fiom execution, foiceu sale, oi attachment, except:
(1) Foi nonpayment of taxes; oi
(2) In satisfaction of a juugment on a uebt secuieu by a moitgage constituteu on
the immovable befoie oi aftei the establishment of the family home.
In case of insolvency of the peison constituting the family home, the piopeity
shall not be consiueieu one of the assets to be taken possession of by the
assignee foi the benefit of cieuitois.
Article 233. The oiuei of the couit appioving the establishment of the family
home shall be iecoiueu in the Registiy of Piopeity.
Article 234. When theie is uangei that a peison obligeu to give suppoit may
lose his oi hei foitune because of giave mismanagement oi on account of iiotous
living, his oi hei spouse, if any, anu a majoiity of those entitleu to be suppoiteu
by him oi by hei may petition the Couit of Fiist Instance foi the cieation of the
family home.
Article 235. The family home may be solu, alienateu oi encumbeieu by the
peison who has constituteu the same, with the consent of his oi hei spouse, anu
with the appioval of the couit. Bowevei, the family home shall unuei no
ciicumstances be uonateu as long as theie aie beneficiaiies. In case of sale, the
piice oi such poition theieof as may be ueteimineu by the couit shall be useu in
acquiiing piopeity which shall be foimeu into a new family home. Any sum of
money obtaineu thiough an encumbiance on the family home shall be useu in
the inteiest of the beneficiaiies. The couit shall take measuies to implement the
last two piovisions.
Article 23. The family home may be uissolveu upon the petition of the peison
who has constituteu the same, with the wiitten consent of his oi hei spouse anu
of at least one half of all the othei beneficiaiies who aie eighteen yeais of age oi
ovei. The couit may giant the petition if it is satisfactoiily shown that the best
inteiest of the family iequiies the uissolution of the family home.
Article 237. In case of legal sepaiation oi annulment of maiiiage, the family
home shall be uissolveu, anu the piopeity shall cease to be exempt fiom
execution, foiceu sale oi attachment.
Article 238. 0pon the ueath of the peison who has set up the family home, the
same shall continue, unless he uesiieu otheiwise in his will. The heiis cannot ask
foi its paitition uuiing the fiist ten yeais following the ueath of the peison
constituting the same, unless the couit finus poweiful ieasons theiefoi.
Article 239. The family home shall not be subject to payment of the uebts of the
ueceaseu, unless in his will the contiaiy is stateu. Bowevei, the claims
mentioneu in aiticle 2S2 shall not be auveisely affecteu by the ueath of the
peison who has establisheu the family home.
SECTIUN 3
Extra-|udicial Creation of tbe Family Home
Article 240. The family home may be extiajuuicially constituteu by iecoiuing in
the Registiy of Piopeity a public instiument wheiein a peison ueclaies that he
theieby establishes a family home out of a uwelling place with the lanu on which
it is situateu.
Article 241. The ueclaiation setting up the family home shall be unuei oath anu
shall contain:
(1) A statement that the claimant is the ownei of, anu is actually iesiuing in the
piemises;
(2) A uesciiption of the piopeity;
(S) An estimate of its actual value; anu
(4) The names of the claimant's spouse anu the othei beneficiaiies mentioneu in
aiticle 226.
Article 242. The iecoiuing in the Registiy of Piopeity of the ueclaiation
iefeiieu to in the two pieceuing aiticles is the opeiative act which cieates the
family home.
Article 243. The family home extiajuuicially foimeu shall be exempt fiom
execution, foiceu sale oi attachment, except:
(1) Foi nonpayment of taxes;
(2) Foi uebts incuiieu befoie the ueclaiation was iecoiueu in the Registiy of
Piopeity;
(S) Foi uebts secuieu by moitgages on the piemises befoie oi aftei such iecoiu
of the ueclaiation;
(4) Foi uebts uue to laboieis, mechanics, aichitects, builueis, mateiial-men anu
otheis who have ienueieu seivice oi fuinisheu mateiial foi the piosecution of
the builuing.
Article 244. The piovisions of aiticles 226 to 228 anu 2SS to 2S8 aie likewise
applicable to family homes extiajuuicially establisheu.
Article 245. 0pon the ueath of the peison who has extiajuuicially constituteu
the family home, the piopeity shall not be liable foi his uebts othei than those
mentioneu in aiticle 24S. Bowevei, he may pioviue in his will that the family
home shall be subject to payment of uebts not specifieu in aiticle 24S.
Article 24. No ueclaiation foi the extiajuuicial establishment of the family
home shall be iecoiueu in the Registiy of Piopeity if the estimateu actual value
of the builuing anu the lanu exceeus the amount stateu in aiticle 2S1.
Article 247. When a cieuitoi whose claim is not mentioneu in aiticle 24S
obtains a juugment in his favoi, anu he has ieasonable giounus to believe that
the family home of the juugment uebtoi is woith moie than the amount
mentioneu in aiticle 2S1, he may apply to the Couit of Fiist Instance foi an oiuei
uiiecting the sale of the piopeity unuei execution.
Article 248. The heaiing on the petition, appiaisal of the value of the family
home, the sale unuei execution anu othei matteis ielative to the pioceeuings
shall be goveineu by such piovisions in the Rules of Couit as the Supieme Couit
shall piomulgate on the subject, pioviueu they aie not inconsistent with this
Coue.
Article 249. At the sale unuei execution iefeiieu to in the two pieceuing
aiticles, no biu shall be consiueieu unless it exceeus the amount specifieu in
aiticle 2S1. The pioceeus of the sale shall be applieu in the following oiuei:
(1) To the amount mentioneu in aiticle 2S1;
(2) To the juugment anu the costs.
The excess, if any, belongs to the peison constituting the family home.
Article 250. The amount mentioneu in aiticle 2S1 thus ieceiveu by the peison
who has establisheu the family home, oi as much theieof as the couit may
ueteimine, shall be investeu in constitution of a new family home. The couit shall
take measuies to enfoice this piovision.
Article 251. In case of insolvency of the peison cieating the family home, the
claims specifieu in aiticle 24S may be satisfieu notwithstanuing the insolvency
pioceeuings.
If the assignee has ieasonable giounus to believe that the actual value of the
family home exceeus the amount fixeu in aiticle 2S1, he may take action unuei
the piovisions of aiticles 247, 248 anu 249.
CHAPTER 3
Tbe Family Council (n)
Article 252. The Couit of Fiist Instance may, upon application of any membei of
the family, a ielative, oi a fiienu, appoint a family council, whose uuty it shall be
to auvise the couit, the spouses, the paients, guaiuians anu the family on
impoitant family questions.
Article 253. The family council shall be composeu of five membeis, who shall be
ielatives of the paities conceineu. But the couit may appoint one oi two fiienus
of the family.
Article 254. The family council shall elect its chaiiman, anu shall meet at the call
of the lattei oi upon oiuei of the couit.
TITLE VIII
PATERNITY AND FILIATIUN
CHAPTER 1
Legitimate Cbildren
Article 255. Chiluien boin aftei one hunuieu anu eighty uays following the
celebiation of the maiiiage, anu befoie thiee hunuieu uays following its
uissolution oi the sepaiation of the spouses shall be piesumeu to be legitimate.
Against this piesumption no eviuence shall be aumitteu othei than that of the
physical impossibility of the husbanu's having access to his wife within the fiist
one hunuieu anu twenty uays of the thiee hunuieu which pieceueu the biith of
the chilu.
This physical impossibility may be causeu:
(1) By the impotence of the husbanu;
(2) By the fact that the husbanu anu wife weie living sepaiately, in such a way
that access was not possible;
(S) By the seiious illness of the husbanu. (1u8a)
Article 25. The chilu shall be piesumeu legitimate, although the mothei may
have ueclaieu against its legitimacy oi may have been sentenceu as an
auulteiess. (1u9)
Article 257. Shoulu the wife commit auulteiy at oi about the time of the
conception of the chilu, but theie was no physical impossibility of access
between hei anu hei husbanu as set foith in aiticle 2SS, the chilu is piima facie
piesumeu to be illegitimate if it appeais highly impiobable, foi ethnic ieasons,
that the chilu is that of the husbanu. Foi the puiposes of this aiticle, the wife's
auulteiy neeu not be pioveu in a ciiminal case. (n)
Article 258. A chilu boin within one hunuieu eighty uays following the
celebiation of the maiiiage is piima facie piesumeu to be legitimate. Such a chilu
is conclusively piesumeu to be legitimate in any of these cases:
(1) If the husbanu, befoie the maiiiage, knew of the piegnancy of the wife;
(2) If he consenteu, being piesent, to the putting of his suiname on the iecoiu of
biith of the chilu;
(S) If he expiessly oi tacitly iecognizeu the chilu as his own. (11ua)
Article 259. If the maiiiage is uissolveu by the ueath of the husbanu, anu the
mothei contiacteu anothei maiiiage within thiee hunuieu uays following such
ueath, these iules shall govein:
(1) A chilu boin befoie one hunuieu eighty uays aftei the solemnization of the
subsequent maiiiage is uisputably piesumeu to have been conceiveu uuiing the
foimei maiiiage, pioviueu it be boin within thiee hunuieu uays aftei the ueath
of the foimei husbanu:
(2) A chilu boin aftei one hunuieu eighty uays following the celebiation of the
subsequent maiiiage is piima facie piesumeu to have been conceiveu uuiing
such maiiiage, even though it be boin within thiee hunuieu uays aftei the ueath
of the foimei husbanu. (n)
Article 20. If aftei a juugment annulling a maiiiage, the foimei wife shoulu
believe heiself to be piegnant by the foimei husbanu, she shall, within thiity
uays fiom the time she became awaie of hei piegnancy, notify the foimei
husbanu oi his heiis of that fact. Be oi his heiis may ask the couit to take
measuies to pievent a simulation of biith.
The same obligation shall uevolve upon a wiuow who believes heiself to have
been left piegnant by the ueceaseu husbanu, oi upon the wife who believes
heiself to be piegnant by hei husbanu fiom whom she has been legally
sepaiateu. (n)
Article 21. Theie is no piesumption of legitimacy oi illegitimacy of a chilu boin
aftei thiee hunuieu uays following the uissolution of the maiiiage oi the
sepaiation of the spouses. Whoevei alleges the legitimacy oi the illegitimacy of
such chilu must piove his allegation. (n)
Article 22. The heiis of the husbanu may impugn the legitimacy of the chilu
only in the following cases:
(1) If the husbanu shoulu uie befoie the expiiation of the peiiou fixeu foi
biinging his action;
(2) If he shoulu uie aftei the filing of the complaint, without having uesisteu fiom
the same;
(S) If the chilu was boin aftei the ueath of the husbanu. (112)
Article 23. The action to impugn the legitimacy of the chilu shall be biought
within one yeai fiom the iecoiuing of the biith in the Civil Registei, if the
husbanu shoulu be in the same place, oi in a piopei case, any of his heiis.
If he oi his heiis aie absent, the peiiou shall be eighteen months if they shoulu
iesiue in the Philippines; anu two yeais if abioau. If the biith of the chilu has
been concealeu, the teim shall be counteu fiom the uiscoveiy of the fiauu.
(11Sa)
Article 24. Legitimate chiluien shall have the iight:
(1) To beai the suinames of the fathei anu of the mothei;
(2) To ieceive suppoit fiom them, fiom theii ascenuants anu in a piopei case,
fiom theii biotheis anu sisteis, in confoimity with aiticle 291;
(S) To the legitime anu othei successional iights which this Coue iecognizes in
theii favoi. (114)
CHAPTER 2
Proof of Filiation of Legitimate Cbildren
Article 25. The filiation of legitimate chiluien is pioveu by the iecoiu of biith
appeaiing in the Civil Registei, oi by an authentic uocument oi a final juugment.
(11S)
Article 2. In the absence of the titles inuicateu in the pieceuing aiticle, the
filiation shall be pioveu by the continuous possession of status of a legitimate
chilu. (116)
Article 27. In the absence of a iecoiu of biith, authentic uocument, final
juugment oi possession of status, legitimate filiation may be pioveu by any othei
means alloweu by the Rules of Couit anu special laws. (117a)
Article 28. The action to claim his legitimacy may be biought by the chilu
uuiing all his lifetime, anu shall be tiansmitteu to his heiis if he shoulu uie
uuiing his minoiity oi in a state of insanity. In these cases the heiis shall have a
peiiou of five yeais within which to institute the action.
The action alieauy commenceu by the chilu is tiansmitteu upon his ueath to the
heiis, if the pioceeuing has not yet lapseu. (118)
CHAPTER 3
Legitimated Cbildren
Article 29. 0nly natuial chiluien can be legitimateu. Chiluien boin outsiue
weulock of paients who, at the time of the conception of the foimei, weie not
uisqualifieu by any impeuiment to maiiy each othei, aie natuial. (119a)
Article 270. Legitimation shall take place by the subsequent maiiiage between
the paients. (12ua)
Article 271. 0nly natuial chiluien who have been iecognizeu by the paients
befoie oi aftei the celebiation of the maiiiage, oi have been ueclaieu natuial
chiluien by final juugment, may be consiueieu legitimateu by subsequent
maiiiage.
If a natuial chilu is iecognizeu oi juuicially ueclaieu as natuial, such iecognition
oi ueclaiation shall extenu to his oi hei biotheis oi sisteis of the full bloou:
Pioviueu, That the consent of the lattei shall be implieu if they uo not impugn the
iecognition within foui yeais fiom the time of such iecognition, oi in case they
aie minois, within foui yeais following the attainment of majoiity. (121a)
Article 272. Chiluien who aie legitimateu by subsequent maiiiage shall enjoy
the same iights as legitimate chiluien. (122)
Article 273. Legitimation shall take effect fiom the time of the chilu's biith.
(12Sa)
Article 274. The legitimation of chiluien who uieu befoie the celebiation of the
maiiiage shall benefit theii uescenuants. (124)
Article 275. Legitimation may be impugneu by those who aie piejuuiceu in theii
iights, when it takes place in favoi of those who uo not have the legal conuition
of natuial chiluien oi when the iequisites laiu uown in this Chaptei aie not
complieu with. (128a)
CHAPTER 4
Illegitimate Cbildren
SECTIUN 1
Recognition of Natural Cbildren
Article 27. A natuial chilu may be iecognizeu by the fathei anu mothei jointly,
oi by only one of them. (129)
Article 277. In case the iecognition is maue by only one of the paients, it shall be
piesumeu that the chilu is natuial, if the paient iecognizing it hau legal capacity
to contiact maiiiage at the time of the conception. (1Su)
Article 278. Recognition shall be maue in the iecoiu of biith, a will, a statement
befoie a couit of iecoiu, oi in any authentic wiiting. (1S1a)
Article 279. A minoi who may not contiact maiiiage without paiental consent
cannot acknowleuge a natuial chilu, unless the paient oi guaiuian appioves the
acknowleugment oi unless the iecognition is maue in a will. (n)
Article 280. When the fathei oi the mothei makes the iecognition sepaiately, he
oi she shall not ieveal the name of the peison with whom he oi she hau the
chilu; neithei shall he oi she state any ciicumstance wheieby the othei paient
may be iuentifieu. (1S2a)
Article 281. A chilu who is of age cannot be iecognizeu without his consent.
When the iecognition of a minoi uoes not take place in a iecoiu of biith oi in a
will, juuicial appioval shall be necessaiy.
A minoi can in any case impugn the iecognition within foui yeais following the
attainment of his majoiity. (1SSa)
Article 282. A iecognizeu natuial chilu has the iight:
(1) To beai the suiname of the paient iecognizing him;
(2) To ieceive suppoit fiom such paient, in confoimity with aiticle 291;
(S) To ieceive, in a piopei case, the heieuitaiy poition which is ueteimineu in
this Coue. (1S4)
Article 283. In any of the following cases, the fathei is obligeu to iecognize the
chilu as his natuial chilu:
(1) In cases of iape, abuuction oi seuuction, when the peiiou of the offense
coinciues moie oi less with that of the conception;
(2) When the chilu is in continuous possession of status of a chilu of the allegeu
fathei by the uiiect acts of the lattei oi of his family;
(S) When the chilu was conceiveu uuiing the time when the mothei cohabiteu
with the supposeu fathei;
(4) When the chilu has in his favoi any eviuence oi pioof that the uefenuant is
his fathei. (n)
Article 284. The mothei is obligeu to iecognize hei natuial chilu:
(1) In any of the cases iefeiieu to in the pieceuing aiticle, as between the chilu
anu the mothei;
(2) When the biith anu the iuentity of the chilu aie cleaily pioveu. (1S6a)
Article 285. The action foi the iecognition of natuial chiluien may be biought
only uuiing the lifetime of the piesumeu paients, except in the following cases:
(1) If the fathei oi mothei uieu uuiing the minoiity of the chilu, in which case the
lattei may file the action befoie the expiiation of foui yeais fiom the attainment
of his majoiity;
(2) If aftei the ueath of the fathei oi of the mothei a uocument shoulu appeai of
which nothing hau been heaiu anu in which eithei oi both paients iecognize the
chilu.
In this case, the action must be commenceu within foui yeais fiom the finuing of
the uocument. (1S7a)
Article 28. The iecognition maue in favoi of a chilu who uoes not possess all
the conuitions stateu in aiticle 269, oi in which the iequiiements of the law have
not been fulfilleu, may be impugneu by those who aie piejuuiceu by such
iecognition. (1S7)
SECTIUN 2
Utber Illegitimate Cbildren
Article 287. Illegitimate chiluien othei than natuial in accoiuance with aiticle
269 anu othei than natuial chiluien by legal fiction aie entitleu to suppoit anu
such successional iights as aie gianteu in this Coue. (n)
Article 288. Ninoi chiluien mentioneu in the pieceuing aiticle aie unuei the
paiental authoiity of the mothei. (n)
Article 289. Investigation of the pateinity oi mateinity of chiluien mentioneu in
the two pieceuing aiticles is peimitteu unuei the ciicumstances specifieu in
aiticles 28S anu 284. (n)
TITLE IX
SUPPURT
Article 290. Suppoit is eveiything that is inuispensable foi sustenance, uwelling,
clothing anu meuical attenuance, accoiuing to the social position of the family.
Suppoit also incluues the euucation of the peison entitleu to be suppoiteu until
he completes his euucation oi tiaining foi some piofession, tiaue oi vocation,
even beyonu the age of majoiity. (142a)
Article 291. The following aie obligeu to suppoit each othei to the whole extent
set foith in the pieceuing aiticle:
(1) The spouses;
(2) Legitimate ascenuants anu uescenuants;
(S) Paients anu acknowleugeu natuial chiluien anu the legitimate oi illegitimate
uescenuants of the lattei;
(4) Paients anu natuial chiluien by legal fiction anu the legitimate anu
illegitimate uescenuants of the lattei;
(S) Paients anu illegitimate chiluien who aie not natuial.
Biotheis anu sisteis owe theii legitimate anu natuial biotheis anu sisteis,
although they aie only of the half-bloou, the necessaiies foi life, when by a
physical oi mental uefect, oi any othei cause not imputable to the iecipients, the
lattei cannot secuie theii subsistence. This assistance incluues, in a piopei case,
expenses necessaiy foi elementaiy euucation anu foi piofessional oi vocational
tiaining. (14Sa)
Article 292. Buiing the pioceeuings foi legal sepaiation, oi foi annulment of
maiiiage, the spouses anu chiluien, shall be suppoiteu fiom the conjugal
paitneiship piopeity. Aftei the final juugment of legal sepaiation, oi of
annulment of maiiiage, the obligation of mutual suppoit between the spouses
ceases. Bowevei, in case of legal sepaiation, the couit may oiuei that the guilty
spouse shall give suppoit to the innocent one, the juugment specifying the teims
of such oiuei. (n)
Article 293. In an action foi legal sepaiation oi annulment of maiiiage,
attoiney's fees anu expenses foi litigation shall be chaigeu to the conjugal
paitneiship piopeity, unless the action fails. (n)
Article 294. The claim foi suppoit, when piopei anu two oi moie peisons aie
obligeu to give it, shall be maue in the following oiuei:
(1) Fiom the spouse;
(2) Fiom the uescenuants of the neaiest uegiee;
(S) Fiom the ascenuants, also of the neaiest uegiee;
(4) Fiom the biotheis anu sisteis.
Among uescenuants anu ascenuants the oiuei in which they aie calleu to the
intestate succession of the peison who has a iight to claim suppoit shall be
obseiveu. (144)
Article 295. When the obligation to give suppoit falls upon two oi moie
peisons, the payment of the same shall be uiviueu between them in piopoition
to the iesouices of each.
Bowevei, in case of uigent neeu anu by special ciicumstances, the juuge may
oiuei only one of them to fuinish the suppoit piovisionally, without piejuuice to
his iight to claim fiom the othei obligois the shaie uue fiom them.
When two oi moie iecipients at the same time claim suppoit fiom one anu the
same peison legally obligeu to give it, anu the lattei shoulu not have sufficient
means to satisfy all, the oiuei establisheu in the pieceuing aiticle shall be
followeu, unless the concuiient obligees shoulu be the spouse anu a chilu subject
to paiental authoiity, in which case the lattei shall be piefeiieu. (14S)
Article 29. The amount of suppoit, in the cases iefeiieu to in the five numbeis
of aiticle 291, shall be in piopoition to the iesouices oi means of the givei anu to
the necessities of the iecipient. (146a)
Article 297. Suppoit in the cases iefeiieu to in the pieceuing aiticle shall be
ieuuceu oi incieaseu piopoitionately, accoiuing to the ieuuction oi inciease of
the neeus of the iecipient anu the iesouices of the peison obligeu to fuinish the
same. (147) ARTICLE 298. The obligation to give suppoit shall be uemanuable
fiom the time the peison who has a iight to ieceive the same neeus it foi
maintenance, but it shall not be paiu except fiom the uate it is extiajuuicially
uemanueu.
Payment shall be maue monthly in auvance, anu when the iecipient uies, his
heiis shall not be obligeu to ietuin what he has ieceiveu in auvance. (148a)
Article 299. The peison obligeu to give suppoit may, at his option, fulfill his
obligation eithei by paying the allowance fixeu, oi by ieceiving anu maintaining
in his house the peison who has a iight to ieceive suppoit. The lattei alteinative
cannot be availeu of in case theie is a moial oi legal obstacle theieto. (149a)
Article 300. The obligation to fuinish suppoit ceases upon the ueath of the
obligoi, even if he may be bounu to give it in compliance with a final juugment.
(1Su)
Article 301. The iight to ieceive suppoit cannot be ienounceu; noi can it be
tiansmitteu to a thiiu peison. Neithei can it be compensateu with what the
iecipient owes the obligoi.
Bowevei, suppoit in aiieais may be compensateu anu ienounceu, anu the iight
to uemanu the same may be tiansmitteu by oneious oi giatuitous title. (1S1)
Article 302. Neithei the iight to ieceive legal suppoit noi any money oi
piopeity obtaineu as such suppoit oi any pension oi giatuity fiom the
goveinment is subject to attachment oi execution. (n)
Article 303. The obligation to give suppoit shall also cease:
(1) 0pon the ueath of the iecipient;
(2) When the iesouices of the obligoi have been ieuuceu to the point wheie he
cannot give the suppoit without neglecting his own neeus anu those of his
family;
(S) When the iecipient may engage in a tiaue, piofession, oi inuustiy, oi has
obtaineu woik, oi has impioveu his foitune in such a way that he no longei
neeus the allowance foi his subsistence;
(4) When the iecipient, be he a foiceu heii oi not, has committeu some act which
gives iise to uisinheiitance;
(S) When the iecipient is a uescenuant, biothei oi sistei of the obligoi anu the
neeu foi suppoit is causeu by his oi hei bau conuuct oi by the lack of application
to woik, so long as this cause subsists. (1S2a)
Article 304. The foiegoing piovisions shall be applicable to othei cases wheie,
in viitue of this Coue oi of any othei law, by will, oi by stipulation theie is a iight
to ieceive suppoit, save what is stipulateu, oiueieu by the testatoi oi pioviueu
by law foi the special case. (1SSa)
TITLE X
FUNERALS (n)
Article 305. The uuty anu the iight to make aiiangements foi the funeial of a
ielative shall be in accoiuance with the oiuei establisheu foi suppoit, unuei
aiticle 294. In case of uescenuants of the same uegiee, oi of biotheis anu sisteis,
the oluest shall be piefeiieu. In case of ascenuants, the pateinal shall have a
bettei iight.
Article 30. Eveiy funeial shall be in keeping with the social position of the
ueceaseu.
Article 307. The funeial shall be in accoiuance with the expiesseu wishes of the
ueceaseu. In the absence of such expiession, his ieligious beliefs oi affiliation
shall ueteimine the funeial iites. In case of uoubt, the foim of the funeial shall be
ueciueu upon by the peison obligeu to make aiiangements foi the same, aftei
consulting the othei membeis of the family.
Article 308. No human iemains shall be ietaineu, inteiieu, uisposeu of oi
exhumeu without the consent of the peisons mentioneu in aiticles 294 anu SuS.
Article 309. Any peison who shows uisiespect to the ueau, oi wiongfully
inteifeies with a funeial shall be liable to the family of the ueceaseu foi uamages,
mateiial anu moial.
Article 310. The constiuction of a tombstone oi mausoleum shall be ueemeu a
pait of the funeial expenses, anu shall be chaigeable to the conjugal paitneiship
piopeity, if the ueceaseu is one of the spouses.
TITLE XI
Parental Autbority
CHAPTER 1
Ceneral Provisions
Article 311. The fathei anu mothei jointly exeicise paiental authoiity ovei theii
legitimate chiluien who aie not emancipateu. In case of uisagieement, the
fathei's uecision shall pievail, unless theie is a juuicial oiuei to the contiaiy.
Chiluien aie obligeu to obey theii paients so long as they aie unuei paiental
powei, anu to obseive iespect anu ieveience towaiu them always.
Recognizeu natuial anu auopteu chiluien who aie unuei the age of majoiity aie
unuei the paiental authoiity of the fathei oi mothei iecognizing oi auopting
them, anu aie unuei the same obligation stateu in the pieceuing paiagiaph.
Natuial chiluien by legal fiction aie unuei the joint authoiity of the fathei anu
mothei, as pioviueu in the fiist paiagiaph of this aiticle. (1S4a)
Article 312. uianupaients shall be consulteu by all membeis of the family on all
impoitant family questions. (n)
Article 313. Paiental authoiity cannot be ienounceu oi tiansfeiieu, except in
cases of guaiuianship oi auoption appioveu by the couits, oi emancipation by
concession.
The couits may, in cases specifieu by law, uepiive paients of theii authoiity. (n)
Article 314. A founuling shall be unuei the paiental authoiity of the peison oi
institution that has ieaieu the same. (n)
Article 315. No uescenuant can be compelleu, in a ciiminal case, to testify
against his paients anu ascenuants. (n)
CHAPTER 2
Effect of Parental Autbority Upon tbe Persons of tbe Cbildren
Article 31. The fathei anu the mothei have, with iespect to theii
unemancipateu chiluien:
(1) The uuty to suppoit them, to have them in theii company, euucate anu
instiuct them in keeping with theii means, anu to iepiesent them in all actions
which may ieuounu to theii benefit;
(2) The powei to coiiect them anu to punish them moueiately. (1SS)
Article 317. The couits may appoint a guaiuian of the chilu's piopeity, oi a
guaiuian au litem when the best inteiest of the chilu so iequiies. (n)
Article 318. 0pon cause being shown by the paients, the local mayoi may aiu
them in the exeicise of theii authoiity ovei the chilu. If the chilu is to be kept in a
chiluien's home oi similai institution foi not moie than one month, an oiuei of
the justice of the peace oi municipal juuge shall be necessaiy, aftei uue heaiing,
wheie the chilu shall be heaiu. Foi his puipose, the couit may appoint a
guaiuian au litem. (1S6a)
Article 319. The fathei anu the mothei shall satisfy the suppoit foi the uetaineu
chilu; but they shall not have any inteivention in the iegime of the institution
wheie the chilu is uetaineu. They may lift the uetention when they ueem it
oppoitune, with the appioval of the couit. (1S8a)
CHAPTER 3
Effect of Parental Autbority on tbe Property of tbe Cbildren
Article 320. The fathei, oi in his absence the mothei, is the legal auministiatoi
of the piopeity peitaining to the chilu unuei paiental authoiity. If the piopeity is
woith moie than two thousanu pesos, the fathei oi mothei shall give a bonu
subject to the appioval of the Couit of Fiist Instance. (1S9a)
Article 321. The piopeity which the unemancipateu chilu has acquiieu oi may
acquiie with his woik oi inuustiy, oi by any luciative title, belongs to the chilu in
owneiship, anu in usufiuct to the fathei oi mothei unuei whom he is unuei
paiental authoiity anu in whose company he lives; but if the chilu, with the
paient's consent, shoulu live inuepenuently fiom them, he shall be consiueieu as
emancipateu foi all puiposes ielative to saiu piopeity, anu he shall have ovei it
uominion, usufiuct anu auministiation. (16u)
Article 322. A chilu who eains money oi acquiies piopeity with his own woik
oi inuustiy shall be entitleu to a ieasonable allowance fiom the eainings, in
auuition to the expenses maue by the paients foi his suppoit anu euucation. (n)
Article 323. The fiuits anu inteiest of the chilu's piopeity iefeiieu to in aiticle
S21 shall be applieu fiist to the expenses foi the suppoit anu euucation of the
chilu. Aftei they have been fully met, the uebts of the conjugal paitneiship which
have ieuounueu to the benefit of the family may be paiu fiom saiu fiuits anu
inteiest. (n)
Article 324. Whatevei the chilu may acquiie with the capital oi piopeity of the
paients belongs to the lattei in owneiship anu in usufiuct. But if the paients
shoulu expiessly giant him all oi pait of the piofits that he may obtain, such
piofits shall not be chaigeu against his legitime. (161)
Article 325. The piopeity oi income uonateu, bequeatheu oi ueviseu to the
unemancipateu chilu foi the expenses of his euucation anu instiuction shall
peitain to him in owneiship anu usufiuct; but the fathei oi mothei shall
auministei the same, if in the uonation oi testamentaiy piovision the contiaiy
has not been stateu. (162)
Article 32. When the piopeity of the chilu is woith moie than two thousanu
pesos, the fathei oi mothei shall be consiueieu a guaiuian of the chilu's
piopeity, subject to the uuties anu obligations of guaiuians unuei the Rules of
Couit. (n)
CHAPTER 4
Extinguisbment of Parental Autbority
Article 327. Paiental authoiity teiminates:
(1) 0pon the ueath of the paients oi of the chilu;
(2) 0pon emancipation;
(S) 0pon auoption of the chilu;
(4) 0pon the appointment of a geneial guaiuian. (167a)
Article 328. The mothei who contiacts a subsequent maiiiage loses the
paiental authoiity ovei hei chiluien, unless the ueceaseu husbanu, fathei of the
lattei, has expiessly pioviueu in his will that his wiuow might maiiy again, anu
has oiueieu that in such case she shoulu keep anu exeicise paiental authoiity
ovei theii chiluien.
The couit may also appoint a guaiuian of the chilu's piopeity in case the fathei
shoulu contiact a subsequent maiiiage. (168a)
Article 329. When the mothei of an illegitimate chilu maiiies a man othei than
its fathei, the couit may appoint a guaiuian foi the chilu. (n)
Article 330. The fathei anu in a piopei case the mothei, shall lose authoiity ovei
theii chiluien:
(1) When by final juugment in a ciiminal case the penalty of uepiivation of saiu
authoiity is imposeu upon him oi hei;
(2) When by a final juugment in legal sepaiation pioceeuings such loss of
authoiity is ueclaieu. (169a)
Article 331. Paiental authoiity is suspenueu by the incapacity oi absence of the
fathei, oi in a piopei case of the mothei, juuicially ueclaieu, anu also by civil
inteiuiction. (17u)
Article 332. The couits may uepiive the paients of theii authoiity oi suspenu
the exeicise of the same if they shoulu tieat theii chiluien with excessive
haishness oi shoulu give them coiiupting oiueis, counsels, oi examples, oi
shoulu make them beg oi abanuon them. In these cases, the couits may also
uepiive the paients in whole oi in pait, of the usufiuct ovei the chilu's piopeity,
oi auopt such measuies as they may ueem auvisable in the inteiest of the chilu.
(171a)
Article 333. If the wiuoweu mothei who has contiacteu a subsequent maiiiage
shoulu again become a wiuow, she shall iecovei fiom this moment hei paiental
authoiity ovei all hei unemancipateu chiluien. (172)
CHAPTER 5
Adoption
Article 334. Eveiy peison of age, who is in full possession of his civil iights, may
auopt. (17Sa)
Article 335. The following cannot auopt:
(1) Those who have legitimate, legitimateu, acknowleugeu natuial chiluien, oi
natuial chiluien by legal fiction;
(2) The guaiuian, with iespect to the waiu, befoie the final appioval of his
accounts;
(S) A maiiieu peison, without the consent of the othei spouse;
(4) Non-iesiuent aliens;
(S) Resiuent aliens with whose goveinment the Republic of the Philippines has
bioken uiplomatic ielations;
(6) Any peison who has been convicteu of a ciime involving moial tuipituue,
when the penalty imposeu was six months' impiisonment oi moie. (174a)
Article 33. The husbanu anu wife may jointly auopt. Paiental authoiity shall, in
such case, be exeiciseu as if the chilu weie theii own by natuie. (n)
Article 337. Any peison, even if of age, may be auopteu, pioviueu the auoptei is
sixteen yeais oluei. (17Sa)
Article 338. The following may be auopteu:
(1) The natuial chilu, by the natuial fathei oi mothei;
(2) 0thei illegitimate chiluien, by the fathei oi mothei;
(S) A step-chilu, by the step-fathei oi step-mothei. (n)
Article 339. The following cannot be auopteu:
(1) A maiiieu peison, without the wiitten consent of the othei spouse;
(2) An alien with whose goveinment the Republic of the Philippines has bioken
uiplomatic ielations;
(S) A peison who has alieauy been auopteu. (n)
Article 340. The wiitten consent of the following to the auoption shall be
necessaiy:
(1) The peison to be auopteu, if fouiteen yeais of age oi ovei;
(2) The paients, guaiuian oi peison in chaige of the peison to be auopteu. (n)
Article 341. The auoption shall:
(1) uive to the auopteu peison the same iights anu uuties as if he weie a
legitimate chilu of the auoptei;
(2) Bissolve the authoiity vesteu in the paients by natuie;
(S) Nake the auopteu peison a legal heii of the auoptei;
(4) Entitle the auopteu peison to use the auoptei's suiname. (n)
Article 342. The auoptei shall not be a legal heii of the auopteu peison, whose
paients by natuie shall inheiit fiom him. (177a)
Article 343. If the auoptei is suiviveu by legitimate paients oi ascenuants anu
by an auopteu peison, the lattei shall not have moie successional iights than an
acknowleugeu natuial chilu. (n)
Article 344. The auoptei may uonate piopeity, by an act intei vivos oi by will, to
the auopteu peison, who shall acquiie owneiship theieof. (n)
Article 345. The pioceeuings foi auoption shall be goveineu by the Rules of
Couit insofai as they aie not in conflict with this Coue. (n)
Article 34. The auoption shall be iecoiueu in the local civil iegistei. (179a)
Article 347. A minoi oi othei incapacitateu peison may, thiough a guaiuian au
litem, ask foi the iescission of the auoption on the same giounus that cause the
loss of paiental authoiity. (n)
Article 348. The auoptei may petition the couit foi ievocation of the auoption in
any of these cases:
(1) If the auopteu peison has attempteu against the life of the auoptei;
(2) When the auopteu minoi has abanuoneu the home of the auoptei foi moie
than thiee yeais;
(S) When by othei acts the auopteu peison has uefinitely iepuuiateu the
auoption. (n)
CHAPTER
Substitute Parental Autbority (n)
Article 349. The following peisons shall exeicise substitute paiental authoiity:
(1) uuaiuians;
(2) Teacheis anu piofessois;
(S) Beaus of chiluien's homes, oiphanages, anu similai institutions;
(4) Biiectois of tiaue establishments, with iegaiu to appientices;
(S) uianupaients;
(6) The oluest biothei oi sistei.
Article 350. The peisons nameu in the pieceuing aiticle shall exeicise
ieasonable supeivision ovei the conuuct of the chilu.
Article 351. A geneial guaiuian oi a guaiuian ovei the peison shall have the
same authoiity ovei the waiu's peison as the paients. With iegaiu to the chilu's
piopeity, the Rules of Couit on guaiuianship shall govein.
Article 352. The ielations between teachei anu pupil, piofessoi anu stuuent, aie
fixeu by goveinment iegulations anu those of each school oi institution. In no
case shall coipoial punishment be countenanceu. The teachei oi piofessoi shall
cultivate the best potentialities of the heait anu minu of the pupil oi stuuent.
Article 353. Appientices shall be tieateu humanely. No coipoial punishment
against the appientice shall be peimitteu.
Article 354. uianupaients anu in theii uefault the oluest biothei oi sistei shall
exeicise paiental authoiity in case of ueath oi absence of the chilu's paients. If
the paients aie living, oi if the chilu is unuei guaiuianship, the gianupaients
may give auvice anu counsel to the chilu, to the paients oi to the guaiuian.
Article 355. Substitute paiental authoiity shall be exeiciseu by the
gianupaients in the following oiuei:
(1) Pateinal gianupaients;
(2) Nateinal gianupaients.
TITLE XII
Care and Education of Cbildren
Article 35. Eveiy chilu:
(1) Is entitleu to paiental caie;
(2) Shall ieceive at least elementaiy euucation;
(S) Shall be given moial anu civic tiaining by the paients oi guaiuian;
(4) Bas a iight to live in an atmospheie conuucive to his physical, moial anu
intellectual uevelopment.
Article 357. Eveiy chilu shall:
(1) 0bey anu honoi his paients oi guaiuian;
(2) Respect his gianupaients, olu ielatives, anu peisons holuing substitute
paiental authoiity;
(S) Exeit his utmost foi his euucation anu tiaining;
(4) Coopeiate with the family in all matteis that make foi the goou of the same.
Article 358. Eveiy paient anu eveiy peison holuing substitute paiental
authoiity shall see to it that the iights of the chilu aie iespecteu anu his uuties
complieu with, anu shall paiticulaily, by piecept anu example, imbue the chilu
with highminueuness, love of countiy, veneiation foi the national heioes, fiuelity
to uemociacy as a way of life, anu attachment to the iueal of peimanent woilu
peace.
Article 359. The goveinment piomotes the full giowth of the faculties of eveiy
chilu. Foi this puipose, the goveinment will establish, whenevei possible:
(1) Schools in eveiy baiiio, municipality anu city wheie optional ieligious
instiuction shall be taught as pait of the cuiiiculum at the option of the paient oi
guaiuian;
(2) Pueiicultuie anu similai centeis;
(S) Councils foi the Piotection of Chiluien; anu
(4) }uvenile couits.
Article 30. The Council foi the Piotection of Chiluien shall look aftei the
welfaie of chiluien in the municipality. It shall, among othei functions:
(1) Fostei the euucation of eveiy chilu in the municipality;
(2) Encouiage the cultivation of the uuties of paients;
(S) Piotect anu assist abanuoneu oi mistieateu chiluien, anu oiphans;
(4) Take steps to pievent juvenile uelinquency;
(S) Auopt measuies foi the health of chiluien;
(6) Piomote the opening anu maintenance of playgiounus;
(7) Cooiuinate the activities of oiganizations uevoteu to the welfaie of chiluien,
anu secuie theii coopeiation.
Article 31. }uvenile couits will be establisheu, as fai as piacticable, in eveiy
chaiteieu city oi laige municipality.
Article 32. Whenevei a chilu is founu uelinquent by any couit, the fathei,
mothei, oi guaiuian may in a piopei case be juuicially aumonisheu.
Article 33. In all questions on the caie, custouy, euucation anu piopeity of
chiluien the lattei's welfaie shall be paiamount. No mothei shall be sepaiateu
fiom hei chilu unuei seven yeais of age, unless the couit finus compelling
ieasons foi such measuie.
TITLE XIII
Use of Surnames (n)
Article 34. Legitimate anu legitimateu chiluien shall piincipally use the
suiname of the fathei.
Article 35. An auopteu chilu shall beai the suiname of the auoptei.
Article 3. A natuial chilu acknowleugeu by both paients shall piincipally use
the suiname of the fathei. If iecognizeu by only one of the paients, a natuial
chilu shall employ the suiname of the iecognizing paient.
Article 37. Natuial chiluien by legal fiction shall piincipally employ the
suiname of the fathei.
Article 38. Illegitimate chiluien iefeiieu to in aiticle 287 shall beai the
suiname of the mothei.
Article 39. Chiluien conceiveu befoie the ueciee annulling a voiuable maiiiage
shall piincipally use the suiname of the fathei.
Article 370. A maiiieu woman may use:
(1) Bei maiuen fiist name anu suiname anu auu hei husbanu's suiname, oi
(2) Bei maiuen fiist name anu hei husbanu's suiname oi
(S) Bei husbanu's full name, but piefixing a woiu inuicating that she is his wife,
such as "Nis."
Article 371. In case of annulment of maiiiage, anu the wife is the guilty paity,
she shall iesume hei maiuen name anu suiname. If she is the innocent spouse,
she may iesume hei maiuen name anu suiname. Bowevei, she may choose to
continue employing hei foimei husbanu's suiname, unless:
(1) The couit ueciees otheiwise, oi
(2) She oi the foimei husbanu is maiiieu again to anothei peison.
Article 372. When legal sepaiation has been gianteu, the wife shall continue
using hei name anu suiname employeu befoie the legal sepaiation.
Article 373. A wiuow may use the ueceaseu husbanu's suiname as though he
weie still living, in accoiuance with aiticle S7u.
Article 374. In case of iuentity of names anu suinames, the youngei peison shall
be obligeu to use such auuitional name oi suiname as will avoiu confusion.
Article 375. In case of iuentity of names anu suinames between ascenuants anu
uescenuants, the woiu "}unioi" can be useu only by a son. uianusons anu othei
uiiect male uescenuants shall eithei:
(1) Auu a miuule name oi the mothei's suiname, oi
(2) Auu the Roman numeials II, III, anu so on.
Article 37. No peison can change his name oi suiname without juuicial
authoiity.
Article 377. 0suipation of a name anu suiname may be the subject of an action
foi uamages anu othei ielief.
Article 378. The unauthoiizeu oi unlawful use of anothei peison's suiname
gives a iight of action to the lattei.
Article 379. The employment of pen names oi stage names is peimitteu,
pioviueu it is uone in goou faith anu theie is no injuiy to thiiu peisons. Pen
names anu stage names cannot be usuipeu.
Article 380. Except as pioviueu in the pieceuing aiticle, no peison shall use
uiffeient names anu suinames.
TITLE XIV
ABSENCE
CHAPTER 1
Provisional Measures in Case of Absence
Article 381. When a peison uisappeais fiom his uomicile, his wheieabouts
being unknown, anu without leaving an agent to auministei his piopeity, the
juuge, at the instance of an inteiesteu paity, a ielative, oi a fiienu, may appoint a
peison to iepiesent him in all that may be necessaiy.
This same iule shall be obseiveu when unuei similai ciicumstances the powei
confeiieu by the absentee has expiieu. (181a)
Article 382. The appointment iefeiieu to in the pieceuing aiticle having been
maue, the juuge shall take the necessaiy measuies to safeguaiu the iights anu
inteiests of the absentee anu shall specify the poweis, obligations anu
iemuneiation of his iepiesentative, iegulating them, accoiuing to the
ciicumstances, by the iules conceining guaiuians. (182)
Article 383. In the appointment of a iepiesentative, the spouse piesent shall be
piefeiieu when theie is no legal sepaiation.
If the absentee left no spouse, oi if the spouse piesent is a minoi, any competent
peison may be appointeu by the couit. (18Sa)
CHAPTER 2
Declaration of Absence
Article 384. Two yeais having elapseu without any news about the absentee oi
since the ieceipt of the last news, anu five yeais in case the absentee has left a
peison in chaige of the auministiation of his piopeity, his absence may be
ueclaieu. (184)
Article 385. The following may ask foi the ueclaiation of absence:
(1) The spouse piesent;
(2) The heiis instituteu in a will, who may piesent an authentic copy of the same;
(S) The ielatives who may succeeu by the law of intestacy;
(4) Those who may have ovei the piopeity of the absentee some iight
suboiuinateu to the conuition of his ueath. (18S)
Article 38. The juuicial ueclaiation of absence shall not take effect until six
months aftei its publication in a newspapei of geneial ciiculation. (186a)
CHAPTER 3
Administration of tbe Property of tbe Absentee
Article 387. An auministiatoi of the absentee's piopeity shall be appointeu in
accoiuance with aiticle S8S. (187a)
Article 388. The wife who is appointeu as an auministiatiix of the husbanu's
piopeity cannot alienate oi encumbei the husbanu's piopeity, oi that of the
conjugal paitneiship, without juuicial authoiity. (188a)
Article 389. The auministiation shall cease in any of the following cases:
(1) When the absentee appeais peisonally oi by means of an agent;
(2) When the ueath of the absentee is pioveu anu his testate oi intestate heiis
appeai;
(S) When a thiiu peison appeais, showing by a piopei uocument that he has
acquiieu the absentee's piopeity by puichase oi othei title.
In these cases the auministiatoi shall cease in the peifoimance of his office, anu
the piopeity shall be at the uisposal of those who may have a iight theieto. (19u)
CHAPTER 4
Presumption of Deatb
Article 390. Aftei an absence of seven yeais, it being unknown whethei oi not
the absentee still lives, he shall be piesumeu ueau foi all puiposes, except foi
those of succession.
The absentee shall not be piesumeu ueau foi the puipose of opening his
succession till aftei an absence of ten yeais. If he uisappeaieu aftei the age of
seventy-five yeais, an absence of five yeais shall be sufficient in oiuei that his
succession may be openeu. (n)
Article 391. The following shall be piesumeu ueau foi all puiposes, incluuing
the uivision of the estate among the heiis:
(1) A peison on boaiu a vessel lost uuiing a sea voyage, oi an aeioplane which is
missing, who has not been heaiu of foi foui yeais since the loss of the vessel oi
aeioplane;
(2) A peison in the aimeu foices who has taken pait in wai, anu has been
missing foi foui yeais;
(S) A peison who has been in uangei of ueath unuei othei ciicumstances anu his
existence has not been known foi foui yeais. (n)
Article 392. If the absentee appeais, oi without appeaiing his existence is
pioveu, he shall iecovei his piopeity in the conuition in which it may be founu,
anu the piice of any piopeity that may have been alienateu oi the piopeity
acquiieu theiewith; but he cannot claim eithei fiuits oi ients. (194)
CHAPTER 5
Effect of Absence Upon tbe Contingent Rigbts of tbe Absentee
Article 393. Whoevei claims a iight peitaining to a peison whose existence is
not iecognizeu must piove that he was living at the time his existence was
necessaiy in oiuei to acquiie saiu iight. (19S)
Article 394. Without piejuuice to the piovision of the pieceuing aiticle, upon
the opening of a succession to which an absentee is calleu, his shaie shall acciue
to his coheiis, unless he has heiis, assigns, oi a iepiesentative. They shall all, as
the case may be, make an inventoiy of the piopeity. (196a)
Article 395. The piovisions of the pieceuing aiticle aie unueistoou to be
without piejuuice to the action of petition foi inheiitance oi othei iights which
aie vesteu in the absentee, his iepiesentatives oi successois in inteiest. These
iights shall not be extinguisheu save by lapse of time fixeu foi piesciiption. In
the iecoiu that is maue in the Registiy of the ieal estate which acciues to the
coheiis, the ciicumstance of its being subject to the piovisions of this aiticle shall
be stateu. (197)
Article 39. Those who may have enteieu upon the inheiitance shall
appiopiiate the fiuits ieceiveu in goou faith so long as the absentee uoes not
appeai, oi while his iepiesentatives oi successois in inteiest uo not biing the
piopei actions. (198)
TITLE XV
EMANCIPATIUN AND ACE UF MA)URITY
CHAPTER 1
Emancipation
Article 397. Emancipation takes place:
(1) By the maiiiage of the minoi;
(2) By the attainment of majoiity;
(S) By the concession of the fathei oi of the mothei who exeicise paiental
authoiity. (S14)
Article 398. Emancipation tieateu of in No. S of the pieceuing aiticle shall be
effecteu in a public instiument which shall be iecoiueu in the Civil Registei, anu
unless so iecoiueu, it shall take no effect against thiiu peisons. (S16a)
Article 399. Emancipation by maiiiage oi by voluntaiy concession shall
teiminate paiental authoiity ovei the chilu's peison. It shall enable the minoi to
auministei his piopeity as though he weie of age, but he cannot boiiow money
oi alienate oi encumbei ieal piopeity without the consent of his fathei oi
mothei, oi guaiuian. Be can sue anu be sueu in couit only with the assistance of
his fathei, mothei oi guaiuian. (S17a)
Article 400. In oiuei that emancipation by concession of the fathei oi of the
mothei may take place, it is iequiieu that the minoi be eighteen yeais of age, anu
that he give his consent theieto. (S18)
Article 401. Emancipation is final oi iiievocable. (S19a)
CHAPTER 2
Age of Ma|ority
Article 402. Najoiity commences upon the attainment of the age of twenty-one
yeais.
The peison who has ieacheu majoiity is qualifieu foi all acts of civil life, save the
exceptions establisheu by this Coue in special cases. (S2ua)
Article 403. Notwithstanuing the piovisions of the pieceuing aiticle, a uaughtei
above twenty-one but below twenty-thiee yeais of age cannot leave the paiental
home without the consent of the fathei oi mothei in whose company she lives,
except to become a wife, oi when she exeicises a piofession oi calling, oi when
the fathei oi mothei has contiacteu a subsequent maiiiage. (S21a)
Article 404. An oiphan who is minoi may, at the instance of any ielative oi
othei peison, obtain emancipation by concession upon an oiuei of the Couit of
Fiist Instance. (S22a)
Article 405. Foi the concession anu appioval iefeiieu to in the pieceuing aiticle
it is necessaiy:
(1) That the minoi be eighteen yeais of age;
(2) That he consent theieto; anu
(S) That the concession be ueemeu convenient foi the minoi.
The concession shall be iecoiueu in the Civil Registei. (S2Sa)
Article 40. The piovisions of aiticle S99 aie applicable to an oiphan who has
been emancipateu accoiuing to aiticle 4u4. The couit will give the necessaiy
appioval with iespect to the contiacts mentioneu in aiticle S99. In litigations, a
guaiuian au litem foi the minoi shall be appointeu by the couit. (S24a)
TITLE XVI
CIVIL RECISTER
Article 407. Acts, events anu juuicial ueciees conceining the civil status of
peisons shall be iecoiueu in the civil iegistei. (S2Sa)
Article 408. The following shall be enteieu in the civil iegistei:
(1) Biiths; (2) maiiiages; (S) ueaths; (4) legal sepaiations; (S) annulments of
maiiiage; (6) juugments ueclaiing maiiiages voiu fiom the beginning; (7)
legitimations; (8) auoptions; (9) acknowleugments of natuial chiluien; (1u)
natuialization; (11) loss, oi (12) iecoveiy of citizenship; (1S) civil inteiuiction;
(14) juuicial ueteimination of filiation; (1S) voluntaiy emancipation of a minoi;
anu (16) changes of name. (S26a)
Article 409. In cases of legal sepaiation, auoption, natuialization anu othei
juuicial oiueis mentioneu in the pieceuing aiticle, it shall be the uuty of the cleik
of the couit which issueu the ueciee to asceitain whethei the same has been
iegisteieu, anu if this has not been uone, to senu a copy of saiu ueciee to the civil
iegistiy of the city oi municipality wheie the couit is functioning. (n)
Article 410. The books making up the civil iegistei anu all uocuments ielating
theieto shall be consiueieu public uocuments anu shall be piima facie eviuence
of the facts theiein containeu. (n)
Article 411. Eveiy civil iegistiai shall be civilly iesponsible foi any
unauthoiizeu alteiation maue in any civil iegistei, to any peison suffeiing
uamage theieby. Bowevei, the civil iegistiai may exempt himself fiom such
liability if he pioves that he has taken eveiy ieasonable piecaution to pievent
the unlawful alteiation. (n)
Article 412. No entiy in a civil iegistei shall be changeu oi coiiecteu, without a
juuicial oiuei. (n)
Article 413. All othei matteis peitaining to the iegistiation of civil status shall
be goveineu by special laws. (n)
BUUK II
PRUPERTY, UWNERSHIP, AND ITS MUDIFICATIUNS
TITLE I
CLASSIFICATIUN UF PRUPERTY
PRELIMINARY PRUVISIUNS
Article 414. All things which aie oi may be the object of appiopiiation aie
consiueieu eithei:
(1) Immovable oi ieal piopeity; oi
(2) Novable oi peisonal piopeity. (SSS)
CHAPTER 1
Immovable Property
Article 415. The following aie immovable piopeity:
(1) Lanu, builuings, ioaus anu constiuctions of all kinus auheieu to the soil;
(2) Tiees, plants, anu giowing fiuits, while they aie attacheu to the lanu oi foim
an integial pait of an immovable;
(S) Eveiything attacheu to an immovable in a fixeu mannei, in such a way that it
cannot be sepaiateu theiefiom without bieaking the mateiial oi ueteiioiation of
the object;
(4) Statues, ieliefs, paintings oi othei objects foi use oi oinamentation, placeu in
builuings oi on lanus by the ownei of the immovable in such a mannei that it
ieveals the intention to attach them peimanently to the tenements;
(S) Nachineiy, ieceptacles, instiuments oi implements intenueu by the ownei of
the tenement foi an inuustiy oi woiks which may be caiiieu on in a builuing oi
on a piece of lanu, anu which tenu uiiectly to meet the neeus of the saiu inuustiy
oi woiks;
(6) Animal houses, pigeon-houses, beehives, fish ponus oi bieeuing places of
similai natuie, in case theii ownei has placeu them oi pieseives them with the
intention to have them peimanently attacheu to the lanu, anu foiming a
peimanent pait of it; the animals in these places aie incluueu;
(7) Feitilizei actually useu on a piece of lanu;
(8) Nines, quaiiies, anu slag uumps, while the mattei theieof foims pait of the
beu, anu wateis eithei iunning oi stagnant;
(9) Bocks anu stiuctuies which, though floating, aie intenueu by theii natuie
anu object to iemain at a fixeu place on a iivei, lake, oi coast;
(1u) Contiacts foi public woiks, anu seivituues anu othei ieal iights ovei
immovable piopeity. (SS4a)
CHAPTER 2
Movable Property
Article 41. The following things aie ueemeu to be peisonal piopeity:
(1) Those movables susceptible of appiopiiation which aie not incluueu in the
pieceuing aiticle;
(2) Real piopeity which by any special piovision of law is consiueieu as
peisonalty;
(S) Foices of natuie which aie biought unuei contiol by science; anu
(4) In geneial, all things which can be tianspoiteu fiom place to place without
impaiiment of the ieal piopeity to which they aie fixeu. (SSSa)
Article 417. The following aie also consiueieu as peisonal piopeity:
(1) 0bligations anu actions which have foi theii object movables oi uemanuable
sums; anu
(2) Shaies of stock of agiicultuial, commeicial anu inuustiial entities, although
they may have ieal estate. (SS6a)
Article 418. Novable piopeity is eithei consumable oi nonconsumable. To the
fiist class belong those movables which cannot be useu in a mannei appiopiiate
to theii natuie without theii being consumeu; to the seconu class belong all the
otheis. (SS7)
CHAPTER 3
Property in Relation to tbe Person to Wbom It Belongs
Article 419. Piopeity is eithei of public uominion oi of piivate owneiship. (SS8)
Article 420. The following things aie piopeity of public uominion:
(1) Those intenueu foi public use, such as ioaus, canals, iiveis, toiients, poits
anu biiuges constiucteu by the State, banks, shoies, ioausteaus, anu otheis of
similai chaiactei;
(2) Those which belong to the State, without being foi public use, anu aie
intenueu foi some public seivice oi foi the uevelopment of the national wealth.
(SS9a)
Article 421. All othei piopeity of the State, which is not of the chaiactei stateu
in the pieceuing aiticle, is patiimonial piopeity. (S4ua)
Article 422. Piopeity of public uominion, when no longei intenueu foi public
use oi foi public seivice, shall foim pait of the patiimonial piopeity of the State.
(S41a)
Article 423. The piopeity of piovinces, cities, anu municipalities is uiviueu into
piopeity foi public use anu patiimonial piopeity. (S4S)
Article 424. Piopeity foi public use, in the piovinces, cities, anu municipalities,
consist of the piovincial ioaus, city stieets, municipal stieets, the squaies,
fountains, public wateis, piomenaues, anu public woiks foi public seivice paiu
foi by saiu piovinces, cities, oi municipalities.
All othei piopeity possesseu by any of them is patiimonial anu shall be goveineu
by this Coue, without piejuuice to the piovisions of special laws. (S44a)
Article 425. Piopeity of piivate owneiship, besiues the patiimonial piopeity of
the State, piovinces, cities, anu municipalities, consists of all piopeity belonging
to piivate peisons, eithei inuiviuually oi collectively. (S4Sa)
Piovisions Common to the Thiee Pieceuing Chapteis
Article 42. Whenevei by piovision of the law, oi an inuiviuual ueclaiation, the
expiession "immovable things oi piopeity," oi "movable things oi piopeity," is
useu, it shall be ueemeu to incluue, iespectively, the things enumeiateu in
Chaptei 1 anu Chaptei 2.
Whenevei the woiu "muebles," oi "fuinituie," is useu alone, it shall not be
ueemeu to incluue money, cieuits, commeicial secuiities, stocks anu bonus,
jeweliy, scientific oi aitistic collections, books, meuals, aims, clothing, hoises oi
caiiiages anu theii accessoiies, giains, liquius anu meichanuise, oi othei things
which uo not have as theii piincipal object the fuinishing oi oinamenting of a
builuing, except wheie fiom the context of the law, oi the inuiviuual ueclaiation,
the contiaiy cleaily appeais. (S46a)
TITLE II
UWNERSHIP
CHAPTER 1
Uwnersbip in Ceneral
Article 427. 0wneiship may be exeiciseu ovei things oi iights. (n)
Article 428. The ownei has the iight to enjoy anu uispose of a thing, without
othei limitations than those establisheu by law.
The ownei has also a iight of action against the holuei anu possessoi of the thing
in oiuei to iecovei it. (S48a)
Article 429. The ownei oi lawful possessoi of a thing has the iight to excluue
any peison fiom the enjoyment anu uisposal theieof. Foi this puipose, he may
use such foice as may be ieasonably necessaiy to iepel oi pievent an actual oi
thieateneu unlawful physical invasion oi usuipation of his piopeity. (n)
Article 430. Eveiy ownei may enclose oi fence his lanu oi tenements by means
of walls, uitches, live oi ueau heuges, oi by any othei means without uetiiment
to seivituues constituteu theieon. (S88)
Article 431. The ownei of a thing cannot make use theieof in such mannei as to
injuie the iights of a thiiu peison. (n)
Article 432. The ownei of a thing has no iight to piohibit the inteifeience of
anothei with the same, if the inteifeience is necessaiy to aveit an imminent
uangei anu the thieateneu uamage, compaieu to the uamage aiising to the
ownei fiom the inteifeience, is much gieatei. The ownei may uemanu fiom the
peison benefiteu inuemnity foi the uamage to him. (n)
Article 433. Actual possession unuei claim of owneiship iaises uisputable
piesumption of owneiship. The tiue ownei must iesoit to juuicial piocess foi
the iecoveiy of the piopeity. (n)
Article 434. In an action to iecovei, the piopeity must be iuentifieu, anu the
plaintiff must iely on the stiength of his title anu not on the weakness of the
uefenuant's claim. (n)
Article 435. No peison shall be uepiiveu of his piopeity except by competent
authoiity anu foi public use anu always upon payment of just compensation.
Shoulu this iequiiement be not fiist complieu with, the couits shall piotect anu,
in a piopei case, iestoie the ownei in his possession. (S49a)
Article 43. When any piopeity is conuemneu oi seizeu by competent authoiity
in the inteiest of health, safety oi secuiity, the ownei theieof shall not be entitleu
to compensation, unless he can show that such conuemnation oi seizuie is
unjustifieu. (n) ARTICLE 4S7. The ownei of a paicel of lanu is the ownei of its
suiface anu of eveiything unuei it, anu he can constiuct theieon any woiks oi
make any plantations anu excavations which he may ueem piopei, without
uetiiment to seivituues anu subject to special laws anu oiuinances. Be cannot
complain of the ieasonable iequiiements of aeiial navigation. (SSua)
Article 438. Biuuen tieasuie belongs to the ownei of the lanu, builuing, oi othei
piopeity on which it is founu.
Neveitheless, when the uiscoveiy is maue on the piopeity of anothei, oi of the
State oi any of its subuivisions, anu by chance, one-half theieof shall be alloweu
to the finuei. If the finuei is a tiespassei, he shall not be entitleu to any shaie of
the tieasuie.
If the things founu be of inteiest to science oi the aits, the State may acquiie
them at theii just piice, which shall be uiviueu in confoimity with the iule stateu.
(SS1a)
Article 439. By tieasuie is unueistoou, foi legal puiposes, any hiuuen anu
unknown ueposit of money, jeweliy, oi othei piecious objects, the lawful
owneiship of which uoes not appeai. (SS2)
CHAPTER 2
Rigbt of Accession
CENERAL PRUVISIUNS
Article 440. The owneiship of piopeity gives the iight by accession to
eveiything which is piouuceu theieby, oi which is incoipoiateu oi attacheu
theieto, eithei natuially oi aitificially. (SSS)
SECTIUN 1
Rigbt of Accession witb Respect to Wbat is Produced by Property
Article 441. To the ownei belongs:
(1) The natuial fiuits;
(2) The inuustiial fiuits;
(S) The civil fiuits. (SS4)
Article 442. Natuial fiuits aie the spontaneous piouucts of the soil, anu the
young anu othei piouucts of animals.
Inuustiial fiuits aie those piouuceu by lanus of any kinu thiough cultivation oi
laboi.
Civil fiuits aie the ients of builuings, the piice of leases of lanus anu othei
piopeity anu the amount of peipetual oi life annuities oi othei similai income.
(SSSa)
Article 443. Be who ieceives the fiuits has the obligation to pay the expenses
maue by a thiiu peison in theii piouuction, gatheiing, anu pieseivation. (SS6)
Article 444. 0nly such as aie manifest oi boin aie consiueieu as natuial oi
inuustiial fiuits.
With iespect to animals, it is sufficient that they aie in the womb of the mothei,
although unboin. (SS7)
SECTIUN 2
Rigbt of Accession witb Respect to Immovable Property
Article 445. Whatevei is built, planteu oi sown on the lanu of anothei anu the
impiovements oi iepaiis maue theieon, belong to the ownei of the lanu, subject
to the piovisions of the following aiticles. (SS8)
Article 44. All woiks, sowing, anu planting aie piesumeu maue by the ownei
anu at his expense, unless the contiaiy is pioveu. (SS9)
Article 447. The ownei of the lanu who makes theieon, peisonally oi thiough
anothei, plantings, constiuctions oi woiks with the mateiials of anothei, shall
pay theii value; anu, if he acteu in bau faith, he shall also be obligeu to the
iepaiation of uamages. The ownei of the mateiials shall have the iight to iemove
them only in case he can uo so without injuiy to the woik constiucteu, oi
without the plantings, constiuctions oi woiks being uestioyeu. Bowevei, if the
lanuownei acteu in bau faith, the ownei of the mateiials may iemove them in
any event, with a iight to be inuemnifieu foi uamages. (S6ua)
Article 448. The ownei of the lanu on which anything has been built, sown oi
planteu in goou faith, shall have the iight to appiopiiate as his own the woiks,
sowing oi planting, aftei payment of the inuemnity pioviueu foi in aiticles S46
anu S48, oi to oblige the one who built oi planteu to pay the piice of the lanu,
anu the one who soweu, the piopei ient. Bowevei, the builuei oi plantei cannot
be obligeu to buy the lanu if its value is consiueiably moie than that of the
builuing oi tiees. In such case, he shall pay ieasonable ient, if the ownei of the
lanu uoes not choose to appiopiiate the builuing oi tiees aftei piopei inuemnity.
The paities shall agiee upon the teims of the lease anu in case of uisagieement,
the couit shall fix the teims theieof. (S61a)
Article 449. Be who builus, plants oi sows in bau faith on the lanu of anothei,
loses what is built, planteu oi sown without iight to inuemnity. (S62)
Article 450. The ownei of the lanu on which anything has been built, planteu oi
sown in bau faith may uemanu the uemolition of the woik, oi that the planting oi
sowing be iemoveu, in oiuei to ieplace things in theii foimei conuition at the
expense of the peison who built, planteu oi soweu; oi he may compel the builuei
oi plantei to pay the piice of the lanu, anu the sowei the piopei ient. (S6Sa)
Article 451. In the cases of the two pieceuing aiticles, the lanuownei is entitleu
to uamages fiom the builuei, plantei oi sowei. (n)
Article 452. The builuei, plantei oi sowei in bau faith is entitleu to
ieimbuisement foi the necessaiy expenses of pieseivation of the lanu. (n)
Article 453. If theie was bau faith, not only on the pait of the peison who built,
planteu oi soweu on the lanu of anothei, but also on the pait of the ownei of
such lanu, the iights of one anu the othei shall be the same as though both hau
acteu in goou faith.
It is unueistoou that theie is bau faith on the pait of the lanuownei whenevei
the act was uone with his knowleuge anu without opposition on his pait. (S64a)
Article 454. When the lanuownei acteu in bau faith anu the builuei, plantei oi
sowei pioceeueu in goou faith, the piovisions of aiticle 447 shall apply. (n)
Article 455. If the mateiials, plants oi seeus belong to a thiiu peison who has
not acteu in bau faith, the ownei of the lanu shall answei subsiuiaiily foi theii
value anu only in the event that the one who maue use of them has no piopeity
with which to pay.
This piovision shall not apply if the ownei makes use of the iight gianteu by
aiticle 4Su. If the ownei of the mateiials, plants oi seeus has been paiu by the
builuei, plantei oi sowei, the lattei may uemanu fiom the lanuownei the value
of the mateiials anu laboi. (S6Sa)
Article 45. In the cases iegulateu in the pieceuing aiticles, goou faith uoes not
necessaiily excluue negligence, which gives iight to uamages unuei aiticle 2176.
(n)
Article 457. To the owneis of lanus aujoining the banks of iiveis belong the
accietion which they giauually ieceive fiom the effects of the cuiient of the
wateis. (SS6)
Article 458. The owneis of estates aujoining ponus oi lagoons uo not acquiie
the lanu left uiy by the natuial ueciease of the wateis, oi lose that inunuateu by
them in extiaoiuinaiy floous. (S67)
Article 459. Whenevei the cuiient of a iivei, cieek oi toiient segiegates fiom
an estate on its bank a known poition of lanu anu tiansfeis it to anothei estate,
the ownei of the lanu to which the segiegateu poition belongeu ietains the
owneiship of it, pioviueu that he iemoves the same within two yeais. (S68a)
Article 40. Tiees upiooteu anu caiiieu away by the cuiient of the wateis
belong to the ownei of the lanu upon which they may be cast, if the owneis uo
not claim them within six months. If such owneis claim them, they shall pay the
expenses incuiieu in gatheiing them oi putting them in a safe place. (S69a)
Article 41. Rivei beus which aie abanuoneu thiough the natuial change in the
couise of the wateis ipso facto belong to the owneis whose lanus aie occupieu
by the new couise in piopoition to the aiea lost. Bowevei, the owneis of the
lanus aujoining the olu beu shall have the iight to acquiie the same by paying the
value theieof, which value shall not exceeu the value of the aiea occupieu by the
new beu. (S7ua)
Article 42. Whenevei a iivei, changing its couise by natuial causes, opens a
new beu thiough a piivate estate, this beu shall become of public uominion.
(S72a)
Article 43. Whenevei the cuiient of a iivei uiviues itself into bianches, leaving
a piece of lanu oi pait theieof isolateu, the ownei of the lanu ietains his
owneiship. Be also ietains it if a poition of lanu is sepaiateu fiom the estate by
the cuiient. (S74)
Article 44. Islanus which may be foimeu on the seas within the juiisuiction of
the Philippines, on lakes, anu on navigable oi floatable iiveis belong to the State.
(S71a)
Article 45. Islanus which thiough successive accumulation of alluvial ueposits
aie foimeu in non-navigable anu non-floatable iiveis, belong to the owneis of
the maigins oi banks neaiest to each of them, oi to the owneis of both maigins if
the islanu is in the miuule of the iivei, in which case it shall be uiviueu
longituuinally in halves. If a single islanu thus foimeu be moie uistant fiom one
maigin than fiom the othei, the ownei of the neaiei maigin shall be the sole
ownei theieof. (S7Sa)
SECTIUN 3
Rigbt of Accession witb Respect to Movable Property
Article 4. Whenevei two movable things belonging to uiffeient owneis aie,
without bau faith, uniteu in such a way that they foim a single object, the ownei
of the piincipal thing acquiies the accessoiy, inuemnifying the foimei ownei
theieof foi its value. (S7S)
Article 47. The piincipal thing, as between two things incoipoiateu, is ueemeu
to be that to which the othei has been uniteu as an oinament, oi foi its use oi
peifection. (S76)
Article 48. If it cannot be ueteimineu by the iule given in the pieceuing aiticle
which of the two things incoipoiateu is the piincipal one, the thing of the gieatei
value shall be so consiueieu, anu as between two things of equal value, that of
the gieatei volume.
In painting anu sculptuie, wiitings, piinteu mattei, engiaving anu lithogiaphs,
the boaiu, metal, stone, canvas, papei oi paichment shall be ueemeu the
accessoiy thing. (S77)
Article 49. Whenevei the things uniteu can be sepaiateu without injuiy, theii
iespective owneis may uemanu theii sepaiation.
Neveitheless, in case the thing uniteu foi the use, embellishment oi peifection of
the othei, is much moie piecious than the piincipal thing, the ownei of the
foimei may uemanu its sepaiation, even though the thing to which it has been
incoipoiateu may suffei some injuiy. (S78)
Article 470. Whenevei the ownei of the accessoiy thing has maue the
incoipoiation in bau faith, he shall lose the thing incoipoiateu anu shall have the
obligation to inuemnify the ownei of the piincipal thing foi the uamages he may
have suffeieu.
If the one who has acteu in bau faith is the ownei of the piincipal thing, the
ownei of the accessoiy thing shall have a iight to choose between the foimei
paying him its value oi that the thing belonging to him be sepaiateu, even though
foi this puipose it be necessaiy to uestioy the piincipal thing; anu in both cases,
fuitheimoie, theie shall be inuemnity foi uamages.
If eithei one of the owneis has maue the incoipoiation with the knowleuge anu
without the objection of the othei, theii iespective iights shall be ueteimineu as
though both acteu in goou faith. (S79a)
Article 471. Whenevei the ownei of the mateiial employeu without his consent
has a iight to an inuemnity, he may uemanu that this consist in the ueliveiy of a
thing equal in kinu anu value, anu in all othei iespects, to that employeu, oi else
in the piice theieof, accoiuing to expeit appiaisal. (S8u)
Article 472. If by the will of theii owneis two things of the same oi uiffeient
kinus aie mixeu, oi if the mixtuie occuis by chance, anu in the lattei case the
things aie not sepaiable without injuiy, each ownei shall acquiie a iight
piopoitional to the pait belonging to him, beaiing in minu the value of the things
mixeu oi confuseu. (S81)
Article 473. If by the will of only one ownei, but in goou faith, two things of the
same oi uiffeient kinus aie mixeu oi confuseu, the iights of the owneis shall be
ueteimineu by the piovisions of the pieceuing aiticle.
If the one who causeu the mixtuie oi confusion acteu in bau faith, he shall lose
the thing belonging to him thus mixeu oi confuseu, besiues being obligeu to pay
inuemnity foi the uamages causeu to the ownei of the othei thing with which his
own was mixeu. (S82)
Article 474. 0ne who in goou faith employs the mateiial of anothei in whole oi
in pait in oiuei to make a thing of a uiffeient kinu, shall appiopiiate the thing
thus tiansfoimeu as his own, inuemnifying the ownei of the mateiial foi its
value.
If the mateiial is moie piecious than the tiansfoimeu thing oi is of moie value,
its ownei may, at his option, appiopiiate the new thing to himself, aftei fiist
paying inuemnity foi the value of the woik, oi uemanu inuemnity foi the
mateiial.
If in the making of the thing bau faith inteiveneu, the ownei of the mateiial shall
have the iight to appiopiiate the woik to himself without paying anything to the
makei, oi to uemanu of the lattei that he inuemnify him foi the value of the
mateiial anu the uamages he may have suffeieu. Bowevei, the ownei of the
mateiial cannot appiopiiate the woik in case the value of the lattei, foi aitistic
oi scientific ieasons, is consiueiably moie than that of the mateiial. (S8Sa)
Article 475. In the pieceuing aiticles, sentimental value shall be uuly
appieciateu. (n)
CHAPTER 3
Quieting of Title (n)
Article 47. Whenevei theie is a clouu on title to ieal piopeity oi any inteiest
theiein, by ieason of any instiument, iecoiu, claim, encumbiance oi pioceeuing
which is appaiently valiu oi effective but is in tiuth anu in fact invaliu,
ineffective, voiuable, oi unenfoiceable, anu may be piejuuicial to saiu title, an
action may be biought to iemove such clouu oi to quiet the title.
An action may also be biought to pievent a clouu fiom being cast upon title to
ieal piopeity oi any inteiest theiein.
Article 477. The plaintiff must have legal oi equitable title to, oi inteiest in the
ieal piopeity which is the subject mattei of the action. Be neeu not be in
possession of saiu piopeity.
Article 478. Theie may also be an action to quiet title oi iemove a clouu
theiefiom when the contiact, instiument oi othei obligation has been
extinguisheu oi has teiminateu, oi has been baiieu by extinctive piesciiption.
Article 479. The plaintiff must ietuin to the uefenuant all benefits he may have
ieceiveu fiom the lattei, oi ieimbuise him foi expenses that may have
ieuounueu to the plaintiff's benefit.
Article 480. The piinciples of the geneial law on the quieting of title aie heieby
auopteu insofai as they aie not in conflict with this Coue.
Article 481. The pioceuuie foi the quieting of title oi the iemoval of a clouu
theiefiom shall be goveineu by such iules of couit as the Supieme Couit shall
piomulgateu.
CHAPTER 4
Ruinous Buildings and Trees in Danger of Falling
Article 482. If a builuing, wall, column, oi any othei constiuction is in uangei of
falling, the ownei shall be obligeu to uemolish it oi to execute the necessaiy
woik in oiuei to pievent it fiom falling.
If the piopiietoi uoes not comply with this obligation, the auministiative
authoiities may oiuei the uemolition of the stiuctuie at the expense of the
ownei, oi take measuies to insuie public safety. (S89a)
Article 483. Whenevei a laige tiee thieatens to fall in such a way as to cause
uamage to the lanu oi tenement of anothei oi to tiaveleis ovei a public oi
piivate ioau, the ownei of the tiee shall be obligeu to fell anu iemove it; anu
shoulu he not uo so, it shall be uone at his expense by oiuei of the auministiative
authoiities. (S9ua)
TITLE III
CU-UWNERSHIP
Article 484. Theie is co-owneiship whenevei the owneiship of an unuiviueu
thing oi iight belongs to uiffeient peisons.
In uefault of contiacts, oi of special piovisions, co-owneiship shall be goveineu
by the piovisions of this Title. (S92)
Article 485. The shaie of the co-owneis, in the benefits as well as in the chaiges,
shall be piopoitional to theii iespective inteiests. Any stipulation in a contiact to
the contiaiy shall be voiu.
The poitions belonging to the co-owneis in the co-owneiship shall be piesumeu
equal, unless the contiaiy is pioveu. (S9Sa)
Article 48. Each co-ownei may use the thing owneu in common, pioviueu he
uoes so in accoiuance with the puipose foi which it is intenueu anu in such a
way as not to injuie the inteiest of the co-owneiship oi pievent the othei co-
owneis fiom using it accoiuing to theii iights. The puipose of the co-owneiship
may be changeu by agieement, expiess oi implieu. (S94a)
Article 487. Any one of the co-owneis may biing an action in ejectment. (n)
Article 488. Each co-ownei shall have a iight to compel the othei co-owneis to
contiibute to the expenses of pieseivation of the thing oi iight owneu in
common anu to the taxes. Any one of the lattei may exempt himself fiom this
obligation by ienouncing so much of his unuiviueu inteiest as may be equivalent
to his shaie of the expenses anu taxes. No such waivei shall be maue if it is
piejuuicial to the co-owneiship. (S9Sa)
Article 489. Repaiis foi pieseivation may be maue at the will of one of the co-
owneis, but he must, if piacticable, fiist notify his co-owneis of the necessity foi
such iepaiis. Expenses to impiove oi embellish the thing shall be ueciueu upon
by a majoiity as ueteimineu in aiticle 492. (n)
Article 490. Whenevei the uiffeient stoiies of a house belong to uiffeient
owneis, if the titles of owneiship uo not specify the teims unuei which they
shoulu contiibute to the necessaiy expenses anu theie exists no agieement on
the subject, the following iules shall be obseiveu:
(1) The main anu paity walls, the ioof anu the othei things useu in common,
shall be pieseiveu at the expense of all the owneis in piopoition to the value of
the stoiy belonging to each;
(2) Each ownei shall beai the cost of maintaining the flooi of his stoiy; the flooi
of the entiance, fiont uooi, common yaiu anu sanitaiy woiks common to all,
shall be maintaineu at the expense of all the owneis pio iata;
(S) The staiis fiom the entiance to the fiist stoiy shall be maintaineu at the
expense of all the owneis pio iata, with the exception of the ownei of the giounu
flooi; the staiis fiom the fiist to the seconu stoiy shall be pieseiveu at the
expense of all, except the ownei of the giounu flooi anu the ownei of the fiist
stoiy; anu so on successively. (S96)
Article 491. None of the co-owneis shall, without the consent of the otheis,
make alteiations in the thing owneu in common, even though benefits foi all
woulu iesult theiefiom. Bowevei, if the withholuing of the consent by one oi
moie of the co-owneis is cleaily piejuuicial to the common inteiest, the couits
may affoiu auequate ielief. (S97a)
Article 492. Foi the auministiation anu bettei enjoyment of the thing owneu in
common, the iesolutions of the majoiity of the co-owneis shall be binuing.
Theie shall be no majoiity unless the iesolution is appioveu by the co-owneis
who iepiesent the contiolling inteiest in the object of the co-owneiship.
Shoulu theie be no majoiity, oi shoulu the iesolution of the majoiity be seiiously
piejuuicial to those inteiesteu in the piopeity owneu in common, the couit, at
the instance of an inteiesteu paity, shall oiuei such measuies as it may ueem
piopei, incluuing the appointment of an auministiatoi.
Whenevei a pait of the thing belongs exclusively to one of the co-owneis, anu the
iemainuei is owneu in common, the pieceuing piovision shall apply only to the
pait owneu in common. (S98)
Article 493. Each co-ownei shall have the full owneiship of his pait anu of the
fiuits anu benefits peitaining theieto, anu he may theiefoie alienate, assign oi
moitgage it, anu even substitute anothei peison in its enjoyment, except when
peisonal iights aie involveu. But the effect of the alienation oi the moitgage,
with iespect to the co-owneis, shall be limiteu to the poition which may be
allotteu to him in the uivision upon the teimination of the co-owneiship. (S99)
Article 494. No co-ownei shall be obligeu to iemain in the co-owneiship. Each
co-ownei may uemanu at any time the paitition of the thing owneu in common,
insofai as his shaie is conceineu.
Neveitheless, an agieement to keep the thing unuiviueu foi a ceitain peiiou of
time, not exceeuing ten yeais, shall be valiu. This teim may be extenueu by a new
agieement.
A uonoi oi testatoi may piohibit paitition foi a peiiou which shall not exceeu
twenty yeais.
Neithei shall theie be any paitition when it is piohibiteu by law.
No piesciiption shall iun in favoi of a co-ownei oi co-heii against his co-owneis
oi co-heiis so long as he expiessly oi implieuly iecognizes the co-owneiship.
(4uua)
Article 495. Notwithstanuing the piovisions of the pieceuing aiticle, the co-
owneis cannot uemanu a physical uivision of the thing owneu in common, when
to uo so woulu ienuei it unseiviceable foi the use foi which it is intenueu. But
the co-owneiship may be teiminateu in accoiuance with aiticle 498. (4u1a)
Article 49. Paitition may be maue by agieement between the paities oi by
juuicial pioceeuings. Paitition shall be goveineu by the Rules of Couit insofai as
they aie consistent with this Coue. (4u2)
Article 497. The cieuitois oi assignees of the co-owneis may take pait in the
uivision of the thing owneu in common anu object to its being effecteu without
theii concuiience. But they cannot impugn any paitition alieauy executeu,
unless theie has been fiauu, oi in case it was maue notwithstanuing a foimal
opposition piesenteu to pievent it, without piejuuice to the iight of the uebtoi oi
assignoi to maintain its valiuity. (4uS)
Article 498. Whenevei the thing is essentially inuivisible anu the co-owneis
cannot agiee that it be allotteu to one of them who shall inuemnify the otheis, it
shall be solu anu its pioceeus uistiibuteu. (4u4)
Article 499. The paitition of a thing owneu in common shall not piejuuice thiiu
peisons, who shall ietain the iights of moitgage, seivituue oi any othei ieal
iights belonging to them befoie the uivision was maue. Peisonal iights
peitaining to thiiu peisons against the co-owneiship shall also iemain in foice,
notwithstanuing the paitition. (4uS)
Article 500. 0pon paitition, theie shall be a mutual accounting foi benefits
ieceiveu anu ieimbuisements foi expenses maue. Likewise, each co-ownei shall
pay foi uamages causeu by ieason of his negligence oi fiauu. (n)
Article 501. Eveiy co-ownei shall, aftei paitition, be liable foi uefects of title anu
quality of the poition assigneu to each of the othei co-owneis. (n)
TITLE IV
SUME SPECIAL PRUPERTIES
CHAPTER 1
Waters
SECTIUN 1
Uwnersbip of Waters
Article 502. The following aie of public uominion:
(1) Riveis anu theii natuial beus;
(2) Continuous oi inteimittent wateis of spiings anu biooks iunning in theii
natuial beus anu the beus themselves;
(S) Wateis iising continuously oi inteimittently on lanus of public uominion;
(4) Lakes anu lagoons foimeu by Natuie on public lanus, anu theii beus;
(S) Rain wateis iunning thiough iavines oi sanu beus, which aie also of public
uominion;
(6) Subteiianean wateis on public lanus;
(7) Wateis founu within the zone of opeiation of public woiks, even if
constiucteu by a contiactoi;
(8) Wateis iising continuously oi inteimittently on lanus belonging to piivate
peisons, to the State, to a piovince, oi to a city oi a municipality fiom the
moment they leave such lanus;
(9) The waste wateis of fountains, seweis anu public establishments. (4u7)
Article 503. The following aie of piivate owneiship:
(1) Continuous oi inteimittent wateis iising on lanus of piivate owneiship,
while iunning thiough the same;
(2) Lakes anu lagoons, anu theii beus, foimeu by Natuie on such lanus;
(S) Subteiianean wateis founu on the same;
(4) Rain wateis falling on saiu lanus, as long as they iemain within the
bounuaiies;
(S) The beus of flowing wateis, continuous oi inteimittent, foimeu by iain watei,
anu those of biooks, ciossing lanus which aie not of public uominion.
In eveiy uiain oi aqueuuct, the watei, beu, banks anu floougates shall be
consiueieu as an integial pait of the lanu of builuing foi which the wateis aie
intenueu. The owneis of lanus, thiough which oi along the bounuaiies of which
the aqueuuct passes, cannot claim owneiship ovei it, oi any iight to the use of its
beu oi banks, unless the claim is baseu on titles of owneiship specifying the iight
oi owneiship claimeu. (4u8)
SECTIUN 2
Tbe Use of Public Waters
Article 504. The use of public wateis is acquiieu:
(1) By auministiative concession;
(2) By piesciiption foi ten yeais.
The extent of the iights anu obligations of the use shall be that establisheu, in the
fiist case, by the teims of the concession, anu, in the seconu case, by the mannei
anu foim in which the wateis have been useu. (4u9a)
Article 505. Eveiy concession foi the use of wateis is unueistoou to be without
piejuuice to thiiu peisons. (41u)
Article 50. The iight to make use of public wateis is extinguisheu by the lapse
of the concession anu by non-usei foi five yeais. (411a)
SECTIUN 3
Tbe Use of Waters of Private Uwnersbip
Article 507. The ownei of a piece of lanu on which a spiing oi biook iises, be it
continuous oi inteimittent, may use its wateis while they iun thiough the same,
but aftei the wateis leave the lanu they shall become public, anu theii use shall
be goveineu by the Special Law of Wateis of August S, 1866, anu by the
Iiiigation Law. (412a)
Article 508. The piivate owneiship of the beus of iain wateis uoes not give a
iight to make woiks oi constiuctions which may change theii couise to the
uamage of thiiu peisons, oi whose uestiuction, by the foice of floous, may cause
such uamage. (41S)
Article 509. No one may entei piivate piopeity to seaich wateis oi make use of
them without peimission fiom the owneis, except as pioviueu by the Nining
Law. (414a)
Article 510. The owneiship which the piopiietoi of a piece of lanu has ovei the
wateis iising theieon uoes not piejuuice the iights which the owneis of lowei
estates may have legally acquiieu to the use theieof. (41S)
Article 511. Eveiy ownei of a piece of lanu has the iight to constiuct within his
piopeity, ieseivoiis foi iain wateis, pioviueu he causes no uamage to the public
oi to thiiu peisons. (416)
SECTIUN 4
Subterranean Waters
Article 512. 0nly the ownei of a piece of lanu, oi anothei peison with his
peimission, may make exploiations theieon foi subteiianean wateis, except as
pioviueu by the Nining Law.
Exploiations foi subteiianean wateis on lanus of public uominion may be maue
only with the peimission of the auministiative authoiities. (417a)
Article 513. Wateis aitificially biought foith in accoiuance with the Special Law
of Wateis of August S, 1866, belong to the peison who biought them up. (418)
Article 514. When the ownei of wateis aitificially biought to the suiface
abanuons them to theii natuial couise, they shall become of public uominion.
(419)
SECTIUN 5
Ceneral Provisions
Article 515. The ownei of a piece of lanu on which theie aie uefensive woiks to
check wateis, oi on which, uue to a change of theii couise, it may be necessaiy to
ieconstiuct such woiks, shall be obligeu, at his election, eithei to make the
necessaiy iepaiis oi constiuction himself, oi to peimit them to be uone, without
uamage to him, by the owneis of the lanus which suffei oi aie cleaily exposeu to
suffei injuiy. (42u)
Article 51. The piovisions of the pieceuing aiticle aie applicable to the case in
which it may be necessaiy to cleai a piece of lanu of mattei, whose accumulation
oi fall may obstiuct the couise of the wateis, to the uamage oi peiil of thiiu
peisons. (421)
Article 517. All the owneis who paiticipate in the benefits aiising fiom the
woiks iefeiieu to in the two pieceuing aiticles, shall be obligeu to contiibute to
the expenses of constiuction in piopoition to theii iespective inteiests. Those
who by theii fault may have causeu the uamage shall be liable foi the expenses.
(422)
Article 518. All matteis not expiessly ueteimineu by the piovisions of this
Chaptei shall be goveineu by the Special Law of Wateis of August S, 1866, anu
by the Iiiigation Law. (42Sa)
CHAPTER 2
Minerals
Article 519. Nining claims anu iights anu othei matteis conceining mineials
anu mineial lanus aie goveineu by special laws. (427a)
CHAPTER 3
Trade-marks and Trade-names
Article 520. A tiaue-maik oi tiaue-name uuly iegisteieu in the piopei
goveinment buieau oi office is owneu by anu peitains to the peison,
coipoiation, oi fiim iegisteiing the same, subject to the piovisions of special
laws. (n)
Article 521. The goouwill of a business is piopeity, anu may be tiansfeiieu
togethei with the iight to use the name unuei which the business is conuucteu.
(n)
Article 522. Tiaue-maiks anu tiaue-names aie goveineu by special laws. (n)
TITLE V
PUSSESSIUN
CHAPTER 1
Possession and tbe Kinds Tbereof
Article 523. Possession is the holuing of a thing oi the enjoyment of a iight.
(4Sua)
Article 524. Possession may be exeiciseu in one's own name oi in that of
anothei. (41Sa)
Article 525. The possession of things oi iights may be hau in one of two
concepts: eithei in the concept of ownei, oi in that of the holuei of the thing oi
iight to keep oi enjoy it, the owneiship peitaining to anothei peison. (4S2)
Article 52. Be is ueemeu a possessoi in goou faith who is not awaie that theie
exists in his title oi moue of acquisition any flaw which invaliuates it.
Be is ueemeu a possessoi in bau faith who possesses in any case contiaiy to the
foiegoing.
Nistake upon a uoubtful oi uifficult question of law may be the basis of goou
faith. (4SSa)
Article 527. uoou faith is always piesumeu, anu upon him who alleges bau faith
on the pait of a possessoi iests the buiuen of pioof. (4S4)
Article 528. Possession acquiieu in goou faith uoes not lose this chaiactei
except in the case anu fiom the moment facts exist which show that the
possessoi is not unawaie that he possesses the thing impiopeily oi wiongfully.
(4SSa)
Article 529. It is piesumeu that possession continues to be enjoyeu in the same
chaiactei in which it was acquiieu, until the contiaiy is pioveu. (4S6)
Article 530. 0nly things anu iights which aie susceptible of being appiopiiateu
may be the object of possession. (4S7)
CHAPTER 2
Acquisition of Possession
Article 531. Possession is acquiieu by the mateiial occupation of a thing oi the
exeicise of a iight, oi by the fact that it is subject to the action of oui will, oi by
the piopei acts anu legal foimalities establisheu foi acquiiing such iight. (4S8a)
Article 532. Possession may be acquiieu by the same peison who is to enjoy it,
by his legal iepiesentative, by his agent, oi by any peison without any powei
whatevei: but in the last case, the possession shall not be consiueieu as acquiieu
until the peison in whose name the act of possession was executeu has iatifieu
the same, without piejuuice to the juiiuical consequences of negotioium gestio
in a piopei case. (4S9a)
Article 533. The possession of heieuitaiy piopeity is ueemeu tiansmitteu to the
heii without inteiiuption anu fiom the moment of the ueath of the ueceuent, in
case the inheiitance is accepteu.
0ne who valiuly ienounces an inheiitance is ueemeu nevei to have possesseu
the same. (44u)
Article 534. 0n who succeeus by heieuitaiy title shall not suffei the
consequences of the wiongful possession of the ueceuent, if it is not shown that
he was awaie of the flaws affecting it; but the effects of possession in goou faith
shall not benefit him except fiom the uate of ueath of the ueceuent. (442)
Article 535. Ninois anu incapacitateu peisons may acquiie the possession of
things; but they neeu the assistance of theii legal iepiesentatives in oiuei to
exeicise the iights which fiom the possession aiise in theii favoi. (44S)
Article 53. In no case may possession be acquiieu thiough foice oi
intimiuation as long as theie is a possessoi who objects theieto. Be who believes
that he has an action oi a iight to uepiive anothei of the holuing of a thing, must
invoke the aiu of the competent couit, if the holuei shoulu iefuse to uelivei the
thing. (441a)
Article 537. Acts meiely toleiateu, anu those executeu clanuestinely anu
without the knowleuge of the possessoi of a thing, oi by violence, uo not affect
possession. (444)
Article 538. Possession as a fact cannot be iecognizeu at the same time in two
uiffeient peisonalities except in the cases of co-possession. Shoulu a question
aiise iegaiuing the fact of possession, the piesent possessoi shall be piefeiieu; if
theie aie two possessois, the one longei in possession; if the uates of the
possession aie the same, the one who piesents a title; anu if all these conuitions
aie equal, the thing shall be placeu in juuicial ueposit penuing ueteimination of
its possession oi owneiship thiough piopei pioceeuings. (44S)
CHAPTER 3
Effects of Possession
Article 539. Eveiy possessoi has a iight to be iespecteu in his possession; anu
shoulu he be uistuibeu theiein he shall be piotecteu in oi iestoieu to saiu
possession by the means establisheu by the laws anu the Rules of Couit.
A possessoi uepiiveu of his possession thiough foicible entiy may within ten
uays fiom the filing of the complaint piesent a motion to secuie fiom the
competent couit, in the action foi foicible entiy, a wiit of pieliminaiy manuatoiy
injunction to iestoie him in his possession. The couit shall ueciue the motion
within thiity (Su) uays fiom the filing theieof. (446a)
Article 540. 0nly the possession acquiieu anu enjoyeu in the concept of ownei
can seive as a title foi acquiiing uominion. (447)
Article 541. A possessoi in the concept of ownei has in his favoi the legal
piesumption that he possesses with a just title anu he cannot be obligeu to show
oi piove it. (448a)
Article 542. The possession of ieal piopeity piesumes that of the movables
theiein, so long as it is not shown oi pioveu that they shoulu be excluueu. (449)
Article 543. Each one of the paiticipants of a thing possesseu in common shall
be ueemeu to have exclusively possesseu the pait which may be allotteu to him
upon the uivision theieof, foi the entiie peiiou uuiing which the co-possession
lasteu. Inteiiuption in the possession of the whole oi a pait of a thing possesseu
in common shall be to the piejuuice of all the possessois. Bowevei, in case of
civil inteiiuption, the Rules of Couit shall apply. (4Sua)
Article 544. A possessoi in goou faith is entitleu to the fiuits ieceiveu befoie the
possession is legally inteiiupteu.
Natuial anu inuustiial fiuits aie consiueieu ieceiveu fiom the time they aie
gatheieu oi seveieu.
Civil fiuits aie ueemeu to acciue uaily anu belong to the possessoi in goou faith
in that piopoition. (4S1)
Article 545. If at the time the goou faith ceases, theie shoulu be any natuial oi
inuustiial fiuits, the possessoi shall have a iight to a pait of the expenses of
cultivation, anu to a pait of the net haivest, both in piopoition to the time of the
possession.
The chaiges shall be uiviueu on the same basis by the two possessois.
The ownei of the thing may, shoulu he so uesiie, give the possessoi in goou faith
the iight to finish the cultivation anu gatheiing of the giowing fiuits, as an
inuemnity foi his pait of the expenses of cultivation anu the net pioceeus; the
possessoi in goou faith who foi any ieason whatevei shoulu iefuse to accept this
concession, shall lose the iight to be inuemnifieu in any othei mannei. (4S2a)
Article 54. Necessaiy expenses shall be iefunueu to eveiy possessoi; but only
the possessoi in goou faith may ietain the thing until he has been ieimbuiseu
theiefoi.
0seful expenses shall be iefunueu only to the possessoi in goou faith with the
same iight of ietention, the peison who has uefeateu him in the possession
having the option of iefunuing the amount of the expenses oi of paying the
inciease in value which the thing may have acquiieu by ieason theieof. (4SSa)
Article 547. If the useful impiovements can be iemoveu without uamage to the
piincipal thing, the possessoi in goou faith may iemove them, unless the peison
who iecoveis the possession exeicises the option unuei paiagiaph 2 of the
pieceuing aiticle. (n) ARTICLE S48. Expenses foi puie luxuiy oi meie pleasuie
shall not be iefunueu to the possessoi in goou faith; but he may iemove the
oinaments with which he has embellisheu the piincipal thing if it suffeis no
injuiy theieby, anu if his successoi in the possession uoes not piefei to iefunu
the amount expenueu. (4S4)
Article 549. The possessoi in bau faith shall ieimbuise the fiuits ieceiveu anu
those which the legitimate possessoi coulu have ieceiveu, anu shall have a iight
only to the expenses mentioneu in paiagiaph 1 of aiticle S46 anu in aiticle 44S.
The expenses incuiieu in impiovements foi puie luxuiy oi meie pleasuie shall
not be iefunueu to the possessoi in bau faith, but he may iemove the objects foi
which such expenses have been incuiieu, pioviueu that the thing suffeis no
injuiy theieby, anu that the lawful possessoi uoes not piefei to ietain them by
paying the value they may have at the time he enteis into possession. (44Sa)
Article 550. The costs of litigation ovei the piopeity shall be boine by eveiy
possessoi. (n)
Article 551. Impiovements causeu by natuie oi time shall always inuie to the
benefit of the peison who has succeeueu in iecoveiing possession. (4S6)
Article 552. A possessoi in goou faith shall not be liable foi the ueteiioiation oi
loss of the thing possesseu, except in cases in which it is pioveu that he has acteu
with fiauuulent intent oi negligence, aftei the juuicial summons.
A possessoi in bau faith shall be liable foi ueteiioiation oi loss in eveiy case,
even if causeu by a foituitous event. (4S7a)
Article 553. 0ne who iecoveis possession shall not be obligeu to pay foi
impiovements which have ceaseu to exist at the time he takes possession of the
thing. (4S8)
Article 554. A piesent possessoi who shows his possession at some pievious
time, is piesumeu to have helu possession also uuiing the inteimeuiate peiiou,
in the absence of pioof to the contiaiy. (4S9)
Article 555. A possessoi may lose his possession:
(1) By the abanuonment of the thing;
(2) By an assignment maue to anothei eithei by oneious oi giatuitous title;
(S) By the uestiuction oi total loss of the thing, oi because it goes out of
commeice;
(4) By the possession of anothei, subject to the piovisions of aiticle SS7, if the
new possession has lasteu longei than one yeai. But the ieal iight of possession
is not lost till aftei the lapse of ten yeais. (46ua)
Article 55. The possession of movables is not ueemeu lost so long as they
iemain unuei the contiol of the possessoi, even though foi the time being he
may not know theii wheieabouts. (461)
Article 557. The possession of immovables anu of ieal iights is not ueemeu lost,
oi tiansfeiieu foi puiposes of piesciiption to the piejuuice of thiiu peisons,
except in accoiuance with the piovisions of the Noitgage Law anu the Lanu
Registiation laws. (462a)
Article 558. Acts ielating to possession, executeu oi agieeu to by one who
possesses a thing belonging to anothei as a meie holuei to enjoy oi keep it, in
any chaiactei, uo not binu oi piejuuice the ownei, unless he gave saiu holuei
expiess authoiity to uo such acts, oi iatifies them subsequently. (46S)
Article 559. The possession of movable piopeity acquiieu in goou faith is
equivalent to a title. Neveitheless, one who has lost any movable oi has been
unlawfully uepiiveu theieof, may iecovei it fiom the peison in possession of the
same.
If the possessoi of a movable lost oi which the ownei has been unlawfully
uepiiveu, has acquiieu it in goou faith at a public sale, the ownei cannot obtain
its ietuin without ieimbuising the piice paiu theiefoi. (464a)
Article 50. Wilu animals aie possesseu only while they aie unuei one's contiol;
uomesticateu oi tameu animals aie consiueieu uomestic oi tame if they ietain
the habit of ietuining to the piemises of the possessoi. (46S)
Article 51. 0ne who iecoveis, accoiuing to law, possession unjustly lost, shall
be ueemeu foi all puiposes which may ieuounu to his benefit, to have enjoyeu it
without inteiiuption. (466)
TITLE VI
USUFRUCT
CHAPTER 1
Usufruct in Ceneral
Article 52. 0sufiuct gives a iight to enjoy the piopeity of anothei with the
obligation of pieseiving its foim anu substance, unless the title constituting it oi
the law otheiwise pioviues. (467)
Article 53. 0sufiuct is constituteu by law, by the will of piivate peisons
expiesseu in acts intei vivos oi in a last will anu testament, anu by piesciiption.
(468)
Article 54. 0sufiuct may be constituteu on the whole oi a pait of the fiuits of
the thing, in favoi of one moie peisons, simultaneously oi successively, anu in
eveiy case fiom oi to a ceitain uay, puiely oi conuitionally. It may also be
constituteu on a iight, pioviueu it is not stiictly peisonal oi intiansmissible.
(469)
Article 55. The iights anu obligations of the usufiuctuaiy shall be those
pioviueu in the title constituting the usufiuct; in uefault of such title, oi in case it
is ueficient, the piovisions containeu in the two following Chapteis shall be
obseiveu. (47u)
CHAPTER 2
Rigbts of tbe Usufructuary
Article 5. The usufiuctuaiy shall be entitleu to all the natuial, inuustiial anu
civil fiuits of the piopeity in usufiuct. With iespect to hiuuen tieasuie which
may be founu on the lanu oi tenement, he shall be consiueieu a stiangei. (471)
Article 57. Natuial oi inuustiial fiuits giowing at the time the usufiuct begins,
belong to the usufiuctuaiy.
Those giowing at the time the usufiuct teiminates, belong to the ownei.
In the pieceuing cases, the usufiuctuaiy, at the beginning of the usufiuct, has no
obligation to iefunu to the ownei any expenses incuiieu; but the ownei shall be
obligeu to ieimbuise at the teimination of the usufiuct, fiom the pioceeus of the
giowing fiuits, the oiuinaiy expenses of cultivation, foi seeu, anu othei similai
expenses incuiieu by the usufiuctuaiy.
The piovisions of this aiticle shall not piejuuice the iights of thiiu peisons,
acquiieu eithei at the beginning oi at the teimination of the usufiuct. (472)
Article 58. If the usufiuctuaiy has leaseu the lanus oi tenements given in
usufiuct, anu the usufiuct shoulu expiie befoie the teimination of the lease, he
oi his heiis anu successois shall ieceive only the piopoitionate shaie of the ient
that must be paiu by the lessee. (47S)
Article 59. Civil fiuits aie ueemeu to acciue uaily, anu belong to the
usufiuctuaiy in piopoition to the time the usufiuct may last. (474).
Article 570. Whenevei a usufiuct is constituteu on the iight to ieceive a ient oi
peiiouical pension, whethei in money oi in fiuits, oi in the inteiest on bonus oi
secuiities payable to beaiei, each payment uue shall be consiueieu as the
pioceeus oi fiuits of such iight.
Whenevei it consists in the enjoyment of benefits acciuing fiom a paiticipation
in any inuustiial oi commeicial enteipiise, the uate of the uistiibution of which
is not fixeu, such benefits shall have the same chaiactei.
In eithei case they shall be uistiibuteu as civil fiuits, anu shall be applieu in the
mannei piesciibeu in the pieceuing aiticle. (47S)
Article 571. The usufiuctuaiy shall have the iight to enjoy any inciease which
the thing in usufiuct may acquiie thiough accession, the seivituues establisheu
in its favoi, anu, in geneial, all the benefits inheient theiein. (479)
Article 572. The usufiuctuaiy may peisonally enjoy the thing in usufiuct, lease
it to anothei, oi alienate his iight of usufiuct, even by a giatuitous title; but all
the contiacts he may entei into as such usufiuctuaiy shall teiminate upon the
expiiation of the usufiuct, saving leases of iuial lanus, which shall be consiueieu
as subsisting uuiing the agiicultuial yeai. (48u)
Article 573. Whenevei the usufiuct incluues things which, without being
consumeu, giauually ueteiioiate thiough weai anu teai, the usufiuctuaiy shall
have the iight to make use theieof in accoiuance with the puipose foi which
they aie intenueu, anu shall not be obligeu to ietuin them at the teimination of
the usufiuct except in theii conuition at that time; but he shall be obligeu to
inuemnify the ownei foi any ueteiioiation they may have suffeieu by ieason of
his fiauu oi negligence. (481)
Article 574. Whenevei the usufiuct incluues things which cannot be useu
without being consumeu, the usufiuctuaiy shall have the iight to make use of
them unuei the obligation of paying theii appiaiseu value at the teimination of
the usufiuct, if they weie appiaiseu when ueliveieu. In case they weie not
appiaiseu, he shall have the iight to ietuin the same quantity anu quality, oi pay
theii cuiient piice at the time the usufiuct ceases. (482)
Article 575. The usufiuctuaiy of fiuit-beaiing tiees anu shiubs may make use of
the ueau tiunks, anu even of those cut off oi upiooteu by acciuent, unuei the
obligation to ieplace them with new plants. (48Sa)
Article 57. If in consequence of a calamity oi extiaoiuinaiy event, the tiees oi
shiubs shall have uisappeaieu in such consiueiable numbei that it woulu not be
possible oi it woulu be too buiuensome to ieplace them, the usufiuctuaiy may
leave the ueau, fallen oi upiooteu tiunks at the uisposal of the ownei, anu
uemanu that the lattei iemove them anu cleai the lanu. (484a)
Article 577. The usufiuctuaiy of wooulanu may enjoy all the benefits which it
may piouuce accoiuing to its natuie.
If the wooulanu is a copse oi consists of timbei foi builuing, the usufiuctuaiy
may uo such oiuinaiy cutting oi felling as the ownei was in the habit of uoing,
anu in uefault of this, he may uo so in accoiuance with the custom of the place, as
to the mannei, amount anu season.
In any case the felling oi cutting of tiees shall be maue in such mannei as not to
piejuuice the pieseivation of the lanu.
In nuiseiies, the usufiuctuaiy may make the necessaiy thinnings in oiuei that
the iemaining tiees may piopeily giow.
With the exception of the piovisions of the pieceuing paiagiaphs, the
usufiuctuaiy cannot cut uown tiees unless it be to iestoie oi impiove some of
the things in usufiuct, anu in such case shall fiist infoim the ownei of the
necessity foi the woik. (48S) ARTICLE S78. The usufiuctuaiy of an action to
iecovei ieal piopeity oi a ieal iight, oi any movable piopeity, has the iight to
biing the action anu to oblige the ownei theieof to give him the authoiity foi this
puipose anu to fuinish him whatevei pioof he may have. If in consequence of the
enfoicement of the action he acquiies the thing claimeu, the usufiuct shall be
limiteu to the fiuits, the uominion iemaining with the ownei. (486)
Article 579. The usufiuctuaiy may make on the piopeity helu in usufiuct such
useful impiovements oi expenses foi meie pleasuie as he may ueem piopei,
pioviueu he uoes not altei its foim oi substance; but he shall have no iight to be
inuemnifieu theiefoi. Be may, howevei, iemove such impiovements, shoulu it be
possible to uo so without uamage to the piopeity. (487)
Article 580. The usufiuctuaiy may set off the impiovements he may have maue
on the piopeity against any uamage to the same. (488)
Article 581. The ownei of piopeity the usufiuct of which is helu by anothei,
may alienate it, but he cannot altei its foim oi substance, oi uo anything theieon
which may be piejuuicial to the usufiuctuaiy. (489)
Article 582. The usufiuctuaiy of a pait of a thing helu in common shall exeicise
all the iights peitaining to the ownei theieof with iespect to the auministiation
anu the collection of fiuits oi inteiest. Shoulu the co-owneiship cease by ieason
of the uivision of the thing helu in common, the usufiuct of the pait allotteu to
the co-ownei shall belong to the usufiuctuaiy. (49u)
CHAPTER 3
Ubligations of tbe Usufructuary
Article 583. The usufiuctuaiy, befoie enteiing upon the enjoyment of the
piopeity, is obligeu:
(1) To make, aftei notice to the ownei oi his legitimate iepiesentative, an
inventoiy of all the piopeity, which shall contain an appiaisal of the movables
anu a uesciiption of the conuition of the immovables;
(2) To give secuiity, binuing himself to fulfill the obligations imposeu upon him
in accoiuance with this Chaptei. (491)
Article 584. The piovisions of No. 2 of the pieceuing aiticle shall not apply to
the uonoi who has ieseiveu the usufiuct of the piopeity uonateu, oi to the
paients who aie usufiuctuaiies of theii chiluien's piopeity, except when the
paients contiact a seconu maiiiage. (492a)
Article 585. The usufiuctuaiy, whatevei may be the title of the usufiuct, may be
excuseu fiom the obligation of making an inventoiy oi of giving secuiity, when
no one will be injuieu theieby. (49S)
Article 58. Shoulu the usufiuctuaiy fail to give secuiity in the cases in which he
is bounu to give it, the ownei may uemanu that the immovables be placeu unuei
auministiation, that the movables be solu, that the public bonus, instiuments of
cieuit payable to oiuei oi to beaiei be conveiteu into iegisteieu ceitificates oi
uepositeu in a bank oi public institution, anu that the capital oi sums in cash anu
the pioceeus of the sale of the movable piopeity be investeu in safe secuiities.
The inteiest on the pioceeus of the sale of the movables anu that on public
secuiities anu bonus, anu the pioceeus of the piopeity placeu unuei
auministiation, shall belong to the usufiuctuaiy.
Fuitheimoie, the ownei may, if he so piefeis, until the usufiuctuaiy gives
secuiity oi is excuseu fiom so uoing, ietain in his possession the piopeity in
usufiuct as auministiatoi, subject to the obligation to uelivei to the usufiuctuaiy
the net pioceeus theieof, aftei ueuucting the sums which may be agieeu upon oi
juuicially alloweu him foi such auministiation. (494)
Article 587. If the usufiuctuaiy who has not given secuiity claims, by viitue of a
piomise unuei oath, the ueliveiy of the fuinituie necessaiy foi his use, anu that
he anu his family be alloweu to live in a house incluueu in the usufiuct, the couit
may giant this petition, aftei uue consiueiation of the facts of the case.
The same iule shall be obseiveu with iespect to implements, tools anu othei
movable piopeity necessaiy foi an inuustiy oi vocation in which he is engageu.
If the ownei uoes not wish that ceitain aiticles be solu because of theii aitistic
woith oi because they have a sentimental value, he may uemanu theii ueliveiy
to him upon his giving secuiity foi the payment of the legal inteiest on theii
appiaiseu value. (49S)
Article 588. Aftei the secuiity has been given by the usufiuctuaiy, he shall have
a iight to all the pioceeus anu benefits fiom the uay on which, in accoiuance
with the title constituting the usufiuct, he shoulu have commenceu to ieceive
them. (496)
Article 589. The usufiuctuaiy shall take caie of the things given in usufiuct as a
goou fathei of a family. (497)
Article 590. A usufiuctuaiy who alienates oi leases his iight of usufiuct shall
answei foi any uamage which the things in usufiuct may suffei thiough the fault
oi negligence of the peison who substitutes him. (498)
Article 591. If the usufiuct be constituteu on a flock oi heiu of livestock, the
usufiuctuaiy shall be obligeu to ieplace with the young theieof the animals that
uie each yeai fiom natuial causes, oi aie lost uue to the iapacity of beasts of
piey.
If the animals on which the usufiuct is constituteu shoulu all peiish, without the
fault of the usufiuctuaiy, on account of some contagious uisease oi any othei
uncommon event, the usufiuctuaiy shall fulfill his obligation by ueliveiing to the
ownei the iemains which may have been saveu fiom the misfoitune.
Shoulu the heiu oi flock peiish in pait, also by acciuent anu without the fault of
the usufiuctuaiy, the usufiuct shall continue on the pait saveu.
Shoulu the usufiuct be on steiile animals, it shall be consiueieu, with iespect to
its effects, as though constituteu on fungible things. (499a)
Article 592. The usufiuctuaiy is obligeu to make the oiuinaiy iepaiis neeueu by
the thing given in usufiuct.
By oiuinaiy iepaiis aie unueistoou such as aie iequiieu by the weai anu teai
uue to the natuial use of the thing anu aie inuispensable foi its pieseivation.
Shoulu the usufiuctuaiy fail to make them aftei uemanu by the ownei, the lattei
may make them at the expense of the usufiuctuaiy. (Suu)
Article 593. Extiaoiuinaiy iepaiis shall be at the expense of the ownei. The
usufiuctuaiy is obligeu to notify the ownei when the neeu foi such iepaiis is
uigent. (Su1)
Article 594. If the ownei shoulu make the extiaoiuinaiy iepaiis, he shall have a
iight to uemanu of the usufiuctuaiy the legal inteiest on the amount expenueu
foi the time that the usufiuct lasts.
Shoulu he not make them when they aie inuispensable foi the pieseivation of
the thing, the usufiuctuaiy may make them; but he shall have a iight to uemanu
of the ownei, at the teimination of the usufiuct, the inciease in value which the
immovable may have acquiieu by ieason of the iepaiis. (Su2a)
Article 595. The ownei may constiuct any woiks anu make any impiovements
of which the immovable in usufiuct is susceptible, oi make new plantings
theieon if it be iuial, pioviueu that such acts uo not cause a uiminution in the
value of the usufiuct oi piejuuice the iight of the usufiuctuaiy. (SuS)
Article 59. The payment of annual chaiges anu taxes anu of those consiueieu
as a lien on the fiuits, shall be at the expense of the usufiuctuaiy foi all the time
that the usufiuct lasts. (Su4)
Article 597. The taxes which, uuiing the usufiuct, may be imposeu uiiectly on
the capital, shall be at the expense of the ownei.
If the lattei has paiu them, the usufiuctuaiy shall pay him the piopei inteiest on
the sums which may have been paiu in that chaiactei; anu, if the saiu sums have
been auvanceu by the usufiuctuaiy, he shall iecovei the amount theieof at the
teimination of the usufiuct. (SuS)
Article 598. If the usufiuct be constituteu on the whole of a patiimony, anu if at
the time of its constitution the ownei has uebts, the piovisions of aiticles 7S8
anu 7S9 ielating to uonations shall be applieu, both with iespect to the
maintenance of the usufiuct anu to the obligation of the usufiuctuaiy to pay such
uebts.
The same iule shall be applieu in case the ownei is obligeu, at the time the
usufiuct is constituteu, to make peiiouical payments, even if theie shoulu be no
known capital. (Su6)
Article 599. The usufiuctuaiy may claim any matuieu cieuits which foim a pait
of the usufiuct if he has given oi gives the piopei secuiity. If he has been excuseu
fiom giving secuiity oi has not been able to give it, oi if that given is not
sufficient, he shall neeu the authoiization of the ownei, oi of the couit in uefault
theieof, to collect such cieuits.
The usufiuctuaiy who has given secuiity may use the capital he has collecteu in
any mannei he may ueem piopei. The usufiuctuaiy who has not given secuiity
shall invest the saiu capital at inteiest upon agieement with the ownei; in uefault
of such agieement, with juuicial authoiization; anu, in eveiy case, with secuiity
sufficient to pieseive the integiity of the capital in usufiuct. (Su7)
Article 00. The usufiuctuaiy of a moitgageu immovable shall not be obligeu to
pay the uebt foi the secuiity of which the moitgage was constituteu.
Shoulu the immovable be attacheu oi solu juuicially foi the payment of the uebt,
the ownei shall be liable to the usufiuctuaiy foi whatevei the lattei may lose by
ieason theieof. (Su9)
Article 01. The usufiuctuaiy shall be obligeu to notify the ownei of any act of a
thiiu peison, of which he may have knowleuge, that may be piejuuicial to the
iights of owneiship, anu he shall be liable shoulu he not uo so, foi uamages, as if
they hau been causeu thiough his own fault. (S11)
Article 02. The expenses, costs anu liabilities in suits biought with iegaiu to
the usufiuct shall be boine by the usufiuctuaiy. (S12)
CHAPTER 4
Extinguisbment of Usufruct
Article 03. 0sufiuct is extinguisheu:
(1) By the ueath of the usufiuctuaiy, unless a contiaiy intention cleaily appeais;
(2) By the expiiation of the peiiou foi which it was constituteu, oi by the
fulfillment of any iesolutoiy conuition pioviueu in the title cieating the usufiuct;
(S) By meigei of the usufiuct anu owneiship in the same peison;
(4) By ienunciation of the usufiuctuaiy;
(S) By the total loss of the thing in usufiuct;
(6) By the teimination of the iight of the peison constituting the usufiuct;
(7) By piesciiption. (S1Sa)
Article 04. If the thing given in usufiuct shoulu be lost only in pait, the iight
shall continue on the iemaining pait. (S14)
Article 05. 0sufiuct cannot be constituteu in favoi of a town, coipoiation, oi
association foi moie than fifty yeais. If it has been constituteu, anu befoie the
expiiation of such peiiou the town is abanuoneu, oi the coipoiation oi
association is uissolveu, the usufiuct shall be extinguisheu by ieason theieof.
(S1Sa)
Article 0. A usufiuct gianteu foi the time that may elapse befoie a thiiu
peison attains a ceitain age, shall subsist foi the numbei of yeais specifieu, even
if the thiiu peison shoulu uie befoie the peiiou expiies, unless such usufiuct has
been expiessly gianteu only in consiueiation of the existence of such peison.
(S16)
Article 07. If the usufiuct is constituteu on immovable piopeity of which a
builuing foims pait, anu the lattei shoulu be uestioyeu in any mannei
whatsoevei, the usufiuctuaiy shall have a iight to make use of the lanu anu the
mateiials.
The same iule shall be applieu if the usufiuct is constituteu on a builuing only
anu the same shoulu be uestioyeu. But in such a case, if the ownei shoulu wish to
constiuct anothei builuing, he shall have a iight to occupy the lanu anu to make
use of the mateiials, being obligeu to pay to the usufiuctuaiy, uuiing the
continuance of the usufiuct, the inteiest upon the sum equivalent to the value of
the lanu anu of the mateiials. (S17)
Article 08. If the usufiuctuaiy shaies with the ownei the insuiance of the
tenement given in usufiuct, the foimei shall, in case of loss, continue in the
enjoyment of the new builuing, shoulu one be constiucteu, oi shall ieceive the
inteiest on the insuiance inuemnity if the ownei uoes not wish to iebuilu.
Shoulu the usufiuctuaiy have iefuseu to contiibute to the insuiance, the ownei
insuiing the tenement alone, the lattei shall ieceive the full amount of the
insuiance inuemnity in case of loss, saving always the iight gianteu to the
usufiuctuaiy in the pieceuing aiticle. (S18a)
Article 09. Shoulu the thing in usufiuct be expiopiiateu foi public use, the
ownei shall be obligeu eithei to ieplace it with anothei thing of the same value
anu of similai conuitions, oi to pay the usufiuctuaiy the legal inteiest on the
amount of the inuemnity foi the whole peiiou of the usufiuct. If the ownei
chooses the lattei alteinative, he shall give secuiity foi the payment of the
inteiest. (S19)
Article 10. A usufiuct is not extinguisheu by bau use of the thing in usufiuct;
but if the abuse shoulu cause consiueiable injuiy to the ownei, the lattei may
uemanu that the thing be ueliveieu to him, binuing himself to pay annually to the
usufiuctuaiy the net pioceeus of the same, aftei ueuucting the expenses anu the
compensation which may be alloweu him foi its auministiation. (S2u)
Article 11. A usufiuct constituteu in favoi of seveial peisons living at the time
of its constitution shall not be extinguisheu until the ueath of the last suivivoi.
(S21)
Article 12. 0pon the teimination of the usufiuct, the thing in usufiuct shall be
ueliveieu to the ownei, without piejuuice to the iight of ietention peitaining to
the usufiuctuaiy oi his heiis foi taxes anu extiaoiuinaiy expenses which shoulu
be ieimbuiseu. Aftei the ueliveiy has been maue, the secuiity oi moitgage shall
be cancelleu. (S22a)
TITLE VII
EASEMENTS UF SERVITUDES
CHAPTER 1
Easements in Ceneral
SECTIUN 1
Different Kinds of Easements
Article 13. An easement oi seivituue is an encumbiance imposeu upon an
immovable foi the benefit of anothei immovable belonging to a uiffeient ownei.
The immovable in favoi of which the easement is establisheu is calleu the
uominant estate; that which is subject theieto, the seivient estate. (SSu)
Article 14. Seivituues may also be establisheu foi the benefit of a community,
oi of one oi moie peisons to whom the encumbeieu estate uoes not belong.
(SS1)
Article 15. Easements may be continuous oi uiscontinuous, appaient oi
nonappaient.
Continuous easements aie those the use of which is oi may be incessant, without
the inteivention of any act of man.
Biscontinuous easements aie those which aie useu at inteivals anu uepenu upon
the acts of man.
Appaient easements aie those which aie maue known anu aie continually kept
in view by exteinal signs that ieveal the use anu enjoyment of the same.
Nonappaient easements aie those which show no exteinal inuication of theii
existence. (SS2)
Article 1. Easements aie also positive oi negative.
A positive easement is one which imposes upon the ownei of the seivient estate
the obligation of allowing something to be uone oi of uoing it himself, anu a
negative easement, that which piohibits the ownei of the seivient estate fiom
uoing something which he coulu lawfully uo if the easement uiu not exist. (SSS)
Article 17. Easements aie insepaiable fiom the estate to which they actively oi
passively belong. (SS4)
Article 18. Easements aie inuivisible. If the seivient estate is uiviueu between
two oi moie peisons, the easement is not mouifieu, anu each of them must beai
it on the pait which coiiesponus to him.
If it is the uominant estate that is uiviueu between two oi moie peisons, each of
them may use the easement in its entiiety, without changing the place of its use,
oi making it moie buiuensome in any othei way. (SSS)
Article 19. Easements aie establisheu eithei by law oi by the will of the
owneis. The foimei aie calleu legal anu the lattei voluntaiy easements. (SS6)
SECTIUN 2
Modes of Acquiring Easements
Article 20. Continuous anu appaient easements aie acquiieu eithei by viitue
of a title oi by piesciiption of ten yeais. (SS7a)
Article 21. In oiuei to acquiie by piesciiption the easements iefeiieu to in the
pieceuing aiticle, the time of possession shall be computeu thus: in positive
easements, fiom the uay on which the ownei of the uominant estate, oi the
peison who may have maue use of the easement, commenceu to exeicise it upon
the seivient estate; anu in negative easements, fiom the uay on which the ownei
of the uominant estate foibaue, by an instiument acknowleugeu befoie a notaiy
public, the ownei of the seivient estate, fiom executing an act which woulu be
lawful without the easement. (SS8a)
Article 22. Continuous nonappaient easements, anu uiscontinuous ones,
whethei appaient oi not, may be acquiieu only by viitue of a title. (SS9)
Article 23. The absence of a uocument oi pioof showing the oiigin of an
easement which cannot be acquiieu by piesciiption may be cuieu by a ueeu of
iecognition by the ownei of the seivient estate oi by a final juugment. (S4ua)
Article 24. The existence of an appaient sign of easement between two estates,
establisheu oi maintaineu by the ownei of both, shall be consiueieu, shoulu
eithei of them be alienateu, as a title in oiuei that the easement may continue
actively anu passively, unless, at the time the owneiship of the two estates is
uiviueu, the contiaiy shoulu be pioviueu in the title of conveyance of eithei of
them, oi the sign afoiesaiu shoulu be iemoveu befoie the execution of the ueeu.
This piovision shall also apply in case of the uivision of a thing owneu in
common by two oi moie peisons. (S41a)
Article 25. 0pon the establishment of an easement, all the iights necessaiy foi
its use aie consiueieu gianteu. (S42)
Article 2. The ownei of the uominant estate cannot use the easement except
foi the benefit of the immovable oiiginally contemplateu. Neithei can he exeicise
the easement in any othei mannei than that pieviously establisheu. (n)
SECTIUN 3
Rigbts and Ubligations of tbe Uwners of tbe Dominant and Servient Estates
Article 27. The ownei of the uominant estate may make, at his own expense,
on the seivient estate any woiks necessaiy foi the use anu pieseivation of the
seivituue, but without alteiing it oi ienueiing it moie buiuensome.
Foi this puipose he shall notify the ownei of the seivient estate, anu shall choose
the most convenient time anu mannei so as to cause the least inconvenience to
the ownei of the seivient estate. (S4Sa)
Article 28. Shoulu theie be seveial uominant estates, the owneis of all of them
shall be obligeu to contiibute to the expenses iefeiieu to in the pieceuing aiticle,
in piopoition to the benefits which each may ueiive fiom the woik. Any one who
uoes not wish to contiibute may exempt himself by ienouncing the easement foi
the benefit of the otheis.
If the ownei of the seivient estate shoulu make use of the easement in any
mannei whatsoevei, he shall also be obligeu to contiibute to the expenses in the
piopoition stateu, saving an agieement to the contiaiy. (S44)
Article 29. The ownei of the seivient estate cannot impaii, in any mannei
whatsoevei, the use of the seivituue.
Neveitheless, if by ieason of the place oiiginally assigneu, oi of the mannei
establisheu foi the use of the easement, the same shoulu become veiy
inconvenient to the ownei of the seivient estate, oi shoulu pievent him fiom
making any impoitant woiks, iepaiis oi impiovements theieon, it may be
changeu at his expense, pioviueu he offeis anothei place oi mannei equally
convenient anu in such a way that no injuiy is causeu theieby to the ownei of the
uominant estate oi to those who may have a iight to the use of the easement.
(S4S)
Article 30. The ownei of the seivient estate ietains the owneiship of the
poition on which the easement is establisheu, anu may use the same in such a
mannei as not to affect the exeicise of the easement. (n)
SECTIUN 4
Modes of Extinguisbment of Easements
Article 31. Easements aie extinguisheu:
(1) By meigei in the same peison of the owneiship of the uominant anu seivient
estates;
(2) By nonusei foi ten yeais; with iespect to uiscontinuous easements, this
peiiou shall be computeu fiom the uay on which they ceaseu to be useu; anu,
with iespect to continuous easements, fiom the uay on which an act contiaiy to
the same took place;
(S) When eithei oi both of the estates fall into such conuition that the easement
cannot be useu; but it shall ievive if the subsequent conuition of the estates oi
eithei of them shoulu again peimit its use, unless when the use becomes
possible, sufficient time foi piesciiption has elapseu, in accoiuance with the
piovisions of the pieceuing numbei;
(4) By the expiiation of the teim oi the fulfillment of the conuition, if the
easement is tempoiaiy oi conuitional;
(S) By the ienunciation of the ownei of the uominant estate;
(6) By the ieuemption agieeu upon between the owneis of the uominant anu
seivient estates. (S46a)
Article 32. The foim oi mannei of using the easement may piesciibe as the
easement itself, anu in the same way. (S47a)
Article 33. If the uominant estate belongs to seveial peisons in common, the
use of the easement by any one of them pievents piesciiption with iespect to the
otheis. (S48)
CHAPTER 2
Legal Easements
SECTIUN 1
Ceneral Provisions
Article 34. Easements imposeu by law have foi theii object eithei public use oi
the inteiest of piivate peisons. (S49)
Article 35. All matteis conceining easements establisheu foi public oi
communal use shall be goveineu by the special laws anu iegulations ielating
theieto, anu, in the absence theieof, by the piovisions of this Title. (SSu)
Article 3. Easements establisheu by law in the inteiest of piivate peisons oi
foi piivate use shall be goveineu by the piovisions of this Title, without
piejuuice to the piovisions of geneial oi local laws anu oiuinances foi the
geneial welfaie.
These easements may be mouifieu by agieement of the inteiesteu paities,
whenevei the law uoes not piohibit it oi no injuiy is suffeieu by a thiiu peison.
(SS1a)
SECTIUN 2
Easements Relating to Waters
Article 37. Lowei estates aie obligeu to ieceive the wateis which natuially anu
without the inteivention of man uescenu fiom the highei estates, as well as the
stones oi eaith which they caiiy with them.
The ownei of the lowei estate cannot constiuct woiks which will impeue this
easement; neithei can the ownei of the highei estate make woiks which will
inciease the buiuen. (SS2)
Article 38. The banks of iiveis anu stieams, even in case they aie of piivate
owneiship, aie subject thioughout theii entiie length anu within a zone of thiee
meteis along theii maigins, to the easement of public use in the geneial inteiest
of navigation, floatage, fishing anu salvage.
Estates aujoining the banks of navigable oi floatable iiveis aie, fuitheimoie,
subject to the easement of towpath foi the exclusive seivice of iivei navigation
anu floatage.
If it be necessaiy foi such puipose to occupy lanus of piivate owneiship, the
piopei inuemnity shall fiist be paiu. (SSSa)
Article 39. Whenevei foi the uiveision oi taking of watei fiom a iivei oi
biook, oi foi the use of any othei continuous oi uiscontinuous stieam, it shoulu
be necessaiy to builu a uam, anu the peison who is to constiuct it is not the
ownei of the banks, oi lanus which must suppoit it, he may establish the
easement of abutment of a uam, aftei payment of the piopei inuemnity. (SS4)
Article 40. Compulsoiy easements foi uiawing watei oi foi wateiing animals
can be imposeu only foi ieasons of public use in favoi of a town oi village, aftei
payment of the piopei inuemnity. (SSS)
Article 41. Easements foi uiawing watei anu foi wateiing animals caiiy with
them the obligation of the owneis of the seivient estates to allow passage to
peisons anu animals to the place wheie such easements aie to be useu, anu the
inuemnity shall incluue this seivice. (SS6)
Article 42. Any peison who may wish to use upon his own estate any watei of
which he can uispose shall have the iight to make it flow thiough the inteivening
estates, with the obligation to inuemnify theii owneis, as well as the owneis of
the lowei estates upon which the wateis may filtei oi uescenu. (SS7)
Article 43. 0ne uesiiing to make use of the iight gianteu in the pieceuing
aiticle is obligeu:
(1) To piove that he can uispose of the watei anu that it is sufficient foi the use
foi which it is intenueu;
(2) To show that the pioposeu iight of way is the most convenient anu the least
oneious to thiiu peisons;
(S) To inuemnify the ownei of the seivient estate in the mannei ueteimineu by
the laws anu iegulations. (SS8)
Article 44. The easement of aqueuuct foi piivate inteiest cannot be imposeu
on builuings, couityaius, annexes, oi outhouses, oi on oichaius oi gaiuens
alieauy existing. (SS9)
Article 45. The easement of aqueuuct uoes not pievent the ownei of the
seivient estate fiom closing oi fencing it, oi fiom builuing ovei the aqueuuct in
such mannei as not to cause the lattei any uamage, oi ienuei necessaiy iepaiis
anu cleanings impossible. (S6u)
Article 4. Foi legal puiposes, the easement of aqueuuct shall be consiueieu as
continuous anu appaient, even though the flow of the watei may not be
continuous, oi its use uepenus upon the neeus of the uominant estate, oi upon a
scheuule of alteinate uays oi houis. (S61)
Article 47. 0ne who foi the puipose of iiiigating oi impioving his estate, has to
constiuct a stop lock oi sluice gate in the beu of the stieam fiom which the watei
is to be taken, may uemanu that the owneis of the banks peimit its constiuction,
aftei payment of uamages, incluuing those causeu by the new easement to such
owneis anu to the othei iiiigatois. (S62)
Article 48. The establishment, extent, foim anu conuitions of the seivituues of
wateis, to which this section iefeis, shall be goveineu by the special laws
ielating theieto insofai as no piovision theiefoi is maue in this Coue. (S6Sa)
SECTIUN 3
Easement of Rigbt of Way
Article 49. The ownei, oi any peison who by viitue of a ieal iight may cultivate
oi use any immovable, which is suiiounueu by othei immovables peitaining to
othei peisons anu without auequate outlet to a public highway, is entitleu to
uemanu a iight of way thiough the neighboiing estates, aftei payment of the
piopei inuemnity.
Shoulu this easement be establisheu in such a mannei that its use may be
continuous foi all the neeus of the uominant estate, establishing a peimanent
passage, the inuemnity shall consist of the value of the lanu occupieu anu the
amount of the uamage causeu to the seivient estate.
In case the iight of way is limiteu to the necessaiy passage foi the cultivation of
the estate suiiounueu by otheis anu foi the gatheiing of its ciops thiough the
seivient estate without a peimanent way, the inuemnity shall consist in the
payment of the uamage causeu by such encumbiance.
This easement is not compulsoiy if the isolation of the immovable is uue to the
piopiietoi's own acts. (S64a)
Article 50. The easement of iight of way shall be establisheu at the point least
piejuuicial to the seivient estate, anu, insofai as consistent with this iule, wheie
the uistance fiom the uominant estate to a public highway may be the shoitest.
(S6S)
Article 51. The wiuth of the easement of iight of way shall be that which is
sufficient foi the neeus of the uominant estate, anu may accoiuingly be changeu
fiom time to time. (S66a)
Article 52. Whenevei a piece of lanu acquiieu by sale, exchange oi paitition, is
suiiounueu by othei estates of the venuoi, exchangei, oi co-ownei, he shall be
obligeu to giant a iight of way without inuemnity.
In case of a simple uonation, the uonoi shall be inuemnifieu by the uonee foi the
establishment of the iight of way. (S67a)
Article 53. In the case of the pieceuing aiticle, if it is the lanu of the giantoi
that becomes isolateu, he may uemanu a iight of way aftei paying a inuemnity.
Bowevei, the uonoi shall not be liable foi inuemnity. (n)
Article 54. If the iight of way is peimanent, the necessaiy iepaiis shall be
maue by the ownei of the uominant estate. A piopoitionate shaie of the taxes
shall be ieimbuiseu by saiu ownei to the piopiietoi of the seivient estate. (n)
Article 55. If the iight of way gianteu to a suiiounueu estate ceases to be
necessaiy because its ownei has joineu it to anothei abutting on a public ioau,
the ownei of the seivient estate may uemanu that the easement be extinguisheu,
ietuining what he may have ieceiveu by way of inuemnity. The inteiest on the
inuemnity shall be ueemeu to be in payment of ient foi the use of the easement.
The same iule shall be applieu in case a new ioau is openeu giving access to the
isolateu estate.
In both cases, the public highway must substantially meet the neeus of the
uominant estate in oiuei that the easement may be extinguisheu. (S68a)
Article 5. If it be inuispensable foi the constiuction, iepaii, impiovement,
alteiation oi beautification of a builuing, to caiiy mateiials thiough the estate of
anothei, oi to iaise theiein scaffoluing oi othei objects necessaiy foi the woik,
the ownei of such estate shall be obligeu to peimit the act, aftei ieceiving
payment of the piopei inuemnity foi the uamage causeu him. (S69a)
Article 57. Easements of the iight of way foi the passage of livestock known as
animal path, animal tiail oi any othei, anu those foi wateiing places, iesting
places anu animal folus, shall be goveineu by the oiuinances anu iegulations
ielating theieto, anu, in the absence theieof, by the usages anu customs of the
place.
Without piejuuice to iights legally acquiieu, the animal path shall not exceeu in
any case the wiuth of 7S meteis, anu the animal tiail that of S7 meteis anu Su
centimeteis.
Whenevei it is necessaiy to establish a compulsoiy easement of the iight of way
oi foi a wateiing place foi animals, the piovisions of this Section anu those of
aiticles 64u anu 641 shall be obseiveu. In this case the wiuth shall not exceeu 1u
meteis. (S7ua)
SECTIUN 4
Easement of Party Wall
Article 58. The easement of paity wall shall be goveineu by the piovisions of
this Title, by the local oiuinances anu customs insofai as they uo not conflict
with the same, anu by the iules of co-owneiship. (S71a)
Article 59. The existence of an easement of paity wall is piesumeu, unless
theie is a title, oi exteiioi sign, oi pioof to the contiaiy:
(1) In uiviuing walls of aujoining builuings up to the point of common elevation;
(2) In uiviuing walls of gaiuens oi yaius situateu in cities, towns, oi in iuial
communities;
(S) In fences, walls anu live heuges uiviuing iuial lanus. (S72)
Article 0. It is unueistoou that theie is an exteiioi sign, contiaiy to the
easement of paity wall:
(1) Whenevei in the uiviuing wall of builuings theie is a winuow oi opening;
(2) Whenevei the uiviuing wall is, on one siue, stiaight anu plumb on all its
facement, anu on the othei, it has similai conuitions on the uppei pait, but the
lowei pait slants oi piojects outwaiu;
(S) Whenevei the entiie wall is built within the bounuaiies of one of the estates;
(4) Whenevei the uiviuing wall beais the buiuen of the binuing beams, floois
anu ioof fiame of one of the builuings, but not those of the otheis;
(S) Whenevei the uiviuing wall between couityaius, gaiuens, anu tenements is
constiucteu in such a way that the coping sheus the watei upon only one of the
estates;
(6) Whenevei the uiviuing wall, being built of masoniy, has stepping stones,
which at ceitain inteivals pioject fiom the suiface on one siue only, but not on
the othei;
(7) Whenevei lanus incloseu by fences oi live heuges aujoin otheis which aie not
incloseu.
In all these cases, the owneiship of the walls, fences oi heuges shall be ueemeu to
belong exclusively to the ownei of the piopeity oi tenement which has in its
favoi the piesumption baseu on any one of these signs. (S7S)
Article 1. Bitches oi uiains openeu between two estates aie also piesumeu as
common to both, if theie is no title oi sign showing the contiaiy.
Theie is a sign contiaiy to the pait-owneiship whenevei the eaith oi uiit
iemoveu to open the uitch oi to clean it is only on one siue theieof, in which case
the owneiship of the uitch shall belong exclusively to the ownei of the lanu
having this exteiioi sign in its favoi. (S74)
Article 2. The cost of iepaiis anu constiuction of paity walls anu the
maintenance of fences, live heuges, uitches, anu uiains owneu in common, shall
be boine by all the owneis of the lanus oi tenements having the paity wall in
theii favoi, in piopoition to the iight of each.
Neveitheless, any ownei may exempt himself fiom contiibuting to this chaige by
ienouncing his pait-owneiship, except when the paity wall suppoits a builuing
belonging to him. (S7S)
Article 3. If the ownei of a builuing, suppoiteu by a paity wall uesiies to
uemolish the builuing, he may also ienounce his pait-owneiship of the wall, but
the cost of all iepaiis anu woik necessaiy to pievent any uamage which the
uemolition may cause to the paity wall, on this occasion only, shall be boine by
him. (S76)
Article 4. Eveiy ownei may inciease the height of the paity wall, uoing so at
his own expense anu paying foi any uamage which may be causeu by the woik,
even though such uamage be tempoiaiy.
The expenses of maintaining the wall in the pait newly iaiseu oi ueepeneu at its
founuation shall also be paiu foi by him; anu, in auuition, the inuemnity foi the
incieaseu expenses which may be necessaiy foi the pieseivation of the paity
wall by ieason of the gieatei height oi uepth which has been given it.
If the paity wall cannot beai the incieaseu height, the ownei uesiiing to iaise it
shall be obligeu to ieconstiuct it at his own expense anu, if foi this puipose it be
necessaiy to make it thickei, he shall give the space iequiieu fiom his own lanu.
(S77)
Article 5. The othei owneis who have not contiibuteu in giving incieaseu
height, uepth oi thickness to the wall may, neveitheless, acquiie the iight of
pait-owneiship theiein, by paying piopoitionally the value of the woik at the
time of the acquisition anu of the lanu useu foi its incieaseu thickness. (S78a)
Article . Eveiy pait-ownei of a paity wall may use it in piopoition to the
iight he may have in the co-owneiship, without inteifeiing with the common anu
iespective uses by the othei co-owneis. (S79a)
SECTIUN 5
Easement of Ligbt and View
Article 7. No pait-ownei may, without the consent of the otheis, open
thiough the paity wall any winuow oi apeituie of any kinu. (S8u)
Article 8. The peiiou of piesciiption foi the acquisition of an easement of
light anu view shall be counteu:
(1) Fiom the time of the opening of the winuow, if it is thiough a paity wall; oi
(2) Fiom the time of the foimal piohibition upon the piopiietoi of the aujoining
lanu oi tenement, if the winuow is thiough a wall on the uominant estate. (n)
Article 9. When the uistances in aiticle 67u aie not obseiveu, the ownei of a
wall which is not paity wall, aujoining a tenement oi piece of lanu belonging to
anothei, can make in it openings to aumit light at the height of the ceiling joints
oi immeuiately unuei the ceiling, anu of the size of thiity centimeteis squaie,
anu, in eveiy case, with an iion giating imbeuueu in the wall anu with a wiie
scieen.
Neveitheless, the ownei of the tenement oi piopeity aujoining the wall in which
the openings aie maue can close them shoulu he acquiie pait-owneiship theieof,
if theie be no stipulation to the contiaiy.
Be can also obstiuct them by constiucting a builuing on his lanu oi by iaising a
wall theieon contiguous to that having such openings, unless an easement of
light has been acquiieu. (S81a)
Article 70. No winuows, apeituies, balconies, oi othei similai piojections
which affoiu a uiiect view upon oi towaius an aujoining lanu oi tenement can be
maue, without leaving a uistance of two meteis between the wall in which they
aie maue anu such contiguous piopeity.
Neithei can siue oi oblique views upon oi towaius such conteiminous piopeity
be hau, unless theie be a uistance of sixty centimeteis.
The nonobseivance of these uistances uoes not give iise to piesciiption. (S82a)
Article 71. The uistance iefeiieu to in the pieceuing aiticle shall be measuieu
in cases of uiiect views fiom the outei line of the wall when the openings uo not
pioject, fiom the outei line of the lattei when they uo, anu in cases of oblique
view fiom the uiviuing line between the two piopeities. (S8S)
Article 72. The piovisions of aiticle 67u aie not applicable to builuings
sepaiateu by a public way oi alley, which is not less than thiee meteis wiue,
subject to special iegulations anu local oiuinances. (S84a)
Article 73. Whenevei by any title a iight has been acquiieu to have uiiect
views, balconies oi belveueies oveilooking an aujoining piopeity, the ownei of
the seivient estate cannot builu theieon at less than a uistance of thiee meteis to
be measuieu in the mannei pioviueu in aiticle 671. Any stipulation peimitting
uistances less than those piesciibeu in aiticle 67u is voiu. (S8Sa)
SECTIUN
Drainage of Buildings
Article 74. The ownei of a builuing shall be obligeu to constiuct its ioof oi
coveiing in such mannei that the iain watei shall fall on his own lanu oi on a
stieet oi public place, anu not on the lanu of his neighboi, even though the
aujacent lanu may belong to two oi moie peisons, one of whom is the ownei of
the ioof. Even if it shoulu fall on his own lanu, the ownei shall be obligeu to
collect the watei in such a way as not to cause uamage to the aujacent lanu oi
tenement. (S86a)
Article 75. The ownei of a tenement oi a piece of lanu, subject to the easement
of ieceiving watei falling fiom ioofs, may builu in such mannei as to ieceive the
watei upon his own ioof oi give it anothei outlet in accoiuance with local
oiuinances oi customs, anu in such a way as not to cause any nuisance oi
uamage whatevei to the uominant estate. (S87)
Article 7. Whenevei the yaiu oi couit of a house is suiiounueu by othei
houses, anu it is not possible to give an outlet thiough the house itself to the iain
watei collecteu theieon, the establishment of an easement of uiainage can be
uemanueu, giving an outlet to the watei at the point of the contiguous lanus oi
tenements wheie its egiess may be easiest, anu establishing a conuuit foi the
uiainage in such mannei as to cause the least uamage to the seivient estate, aftei
payment of the piopeity inuemnity. (S8S)
SECTIUN 7
Intermediate Distances and Works for Certain Constructions and Plantings
Article 77. No constiuctions can be built oi plantings maue neai foitifieu
places oi foitiesses without compliance with the conuitions iequiieu in special
laws, oiuinances, anu iegulations ielating theieto. (S89)
Article 78. No peison shall builu any aqueuuct, well, sewei, fuinace, foige,
chimney, stable, uepositoiy of coiiosive substances, machineiy, oi factoiy which
by ieason of its natuie oi piouucts is uangeious oi noxious, without obseiving
the uistances piesciibeu by the iegulations anu customs of the place, anu
without making the necessaiy piotective woiks, subject, in iegaiu to the mannei
theieof, to the conuitions piesciibeu by such iegulations. These piohibitions
cannot be alteieu oi ienounceu by stipulation on the pait of the aujoining
piopiietois.
In the absence of iegulations, such piecautions shall be taken as may be
consiueieu necessaiy, in oiuei to avoiu any uamage to the neighboiing lanus oi
tenements. (S9ua)
Article 79. No tiees shall be planteu neai a tenement oi piece of lanu belonging
to anothei except at the uistance authoiizeu by the oiuinances oi customs of the
place, anu, in the absence theieof, at a uistance of at least two meteis fiom the
uiviuing line of the estates if tall tiees aie planteu anu at a uistance of at least
fifty centimeteis if shiubs oi small tiees aie planteu.
Eveiy lanuownei shall have the iight to uemanu that tiees heieaftei planteu at a
shoitei uistance fiom his lanu oi tenement be upiooteu.
The piovisions of this aiticle also apply to tiees which have giown
spontaneously. (S91a)
Article 80. If the bianches of any tiee shoulu extenu ovei a neighboiing estate,
tenement, gaiuen oi yaiu, the ownei of the lattei shall have the iight to uemanu
that they be cut off insofai as they may spieau ovei his piopeity, anu, if it be the
ioots of a neighboiing tiee which shoulu penetiate into the lanu of anothei, the
lattei may cut them off himself within his piopeity. (S92)
Article 81. Fiuits natuially falling upon aujacent lanu belong to the ownei of
saiu lanu. (n)
SECTIUN 8
Easement Against Nuisance (n)
Article 82. Eveiy builuing oi piece of lanu is subject to the easement which
piohibits the piopiietoi oi possessoi fiom committing nuisance thiough noise,
jaiiing, offensive ouoi, smoke, heat, uust, watei, glaie anu othei causes.
Article 83. Subject to zoning, health, police anu othei laws anu iegulations,
factoiies anu shops may be maintaineu pioviueu the least possible annoyance is
causeu to the neighboihoou.
SECTI0N 9
Lateial anu Subjacent Suppoit (n)
Article 84. No piopiietoi shall make such excavations upon his lanu as to
uepiive any aujacent lanu oi builuing of sufficient lateial oi subjacent suppoit.
Article 85. Any stipulation oi testamentaiy piovision allowing excavations that
cause uangei to an aujacent lanu oi builuing shall be voiu.
Article 8. The legal easement of lateial anu subjacent suppoit is not only foi
builuings stanuing at the time the excavations aie maue but also foi
constiuctions that may be eiecteu.
Article 87. Any piopiietoi intenuing to make any excavation contemplateu in
the thiee pieceuing aiticles shall notify all owneis of aujacent lanus.
CHAPTER 3
Voluntary Easements
Article 88. Eveiy ownei of a tenement oi piece of lanu may establish theieon
the easements which he may ueem suitable, anu in the mannei anu foim which
he may ueem best, pioviueu he uoes not contiavene the laws, public policy oi
public oiuei. (S94)
Article 89. The ownei of a tenement oi piece of lanu, the usufiuct of which
belongs to anothei, may impose theieon, without the consent of the
usufiuctuaiy, any seivituues which will not injuie the iight of usufiuct. (S9S)
Article 90. Whenevei the nakeu owneiship of a tenement oi piece of lanu
belongs to one peison anu the beneficial owneiship to anothei, no peipetual
voluntaiy easement may be establisheu theieon without the consent of both
owneis. (S96)
Article 91. In oiuei to impose an easement on an unuiviueu tenement, oi piece
of lanu, the consent of all the co-owneis shall be iequiieu.
The consent given by some only, must be helu in abeyance until the last one of all
the co-owneis shall have expiesseu his confoimity.
But the consent given by one of the co-owneis sepaiately fiom the otheis shall
binu the giantoi anu his successois not to pievent the exeicise of the iight
gianteu. (S97a)
Article 92. The title anu, in a piopei case, the possession of an easement
acquiieu by piesciiption shall ueteimine the iights of the uominant estate anu
the obligations of the seivient estate. In uefault theieof, the easement shall be
goveineu by such piovisions of this Title as aie applicable theieto. (S98)
Article 93. If the ownei of the seivient estate shoulu have bounu himself, upon
the establishment of the easement, to beai the cost of the woik iequiieu foi the
use anu pieseivation theieof, he may fiee himself fiom this obligation by
ienouncing his piopeity to the ownei of the uominant estate. (S99)
TITLE VIII
NUISANCE (n)
Article 94. A nuisance is any act, omission, establishment, business, conuition
of piopeity, oi anything else which:
(1) Injuies oi enuangeis the health oi safety of otheis; oi
(2) Annoys oi offenus the senses; oi
(S) Shocks, uefies oi uisiegaius uecency oi moiality; oi
(4) 0bstiucts oi inteifeies with the fiee passage of any public highway oi stieet,
oi any bouy of watei; oi
(S) Binueis oi impaiis the use of piopeity.
Article 95. Nuisance is eithei public oi piivate. A public nuisance affects a
community oi neighboihoou oi any consiueiable numbei of peisons, although
the extent of the annoyance, uangei oi uamage upon inuiviuuals may be unequal.
A piivate nuisance is one that is not incluueu in the foiegoing uefinition.
Article 9. Eveiy successive ownei oi possessoi of piopeity who fails oi
iefuses to abate a nuisance in that piopeity staiteu by a foimei ownei oi
possessoi is liable theiefoi in the same mannei as the one who cieateu it.
Article 97. The abatement of a nuisance uoes not piecluue the iight of any
peison injuieu to iecovei uamages foi its past existence.
Article 98. Lapse of time cannot legalize any nuisance, whethei public oi
piivate.
Article 99. The iemeuies against a public nuisance aie:
(1) A piosecution unuei the Penal Coue oi any local oiuinance: oi
(2) A civil action; oi
(S) Abatement, without juuicial pioceeuings.
Article 700. The uistiict health officei shall take caie that one oi all of the
iemeuies against a public nuisance aie availeu of.
Article 701. If a civil action is biought by ieason of the maintenance of a public
nuisance, such action shall be commenceu by the city oi municipal mayoi.
Article 702. The uistiict health officei shall ueteimine whethei oi not
abatement, without juuicial pioceeuings, is the best iemeuy against a public
nuisance.
Article 703. A piivate peison may file an action on account of a public nuisance,
if it is specially injuiious to himself.
Article 704. Any piivate peison may abate a public nuisance which is specially
injuiious to him by iemoving, oi if necessaiy, by uestioying the thing which
constitutes the same, without committing a bieach of the peace, oi uoing
unnecessaiy injuiy. But it is necessaiy:
(1) That uemanu be fiist maue upon the ownei oi possessoi of the piopeity to
abate the nuisance;
(2) That such uemanu has been iejecteu;
(S) That the abatement be appioveu by the uistiict health officei anu executeu
with the assistance of the local police; anu
(4) That the value of the uestiuction uoes not exceeu thiee thousanu pesos.
Article 705. The iemeuies against a piivate nuisance aie:
(1) A civil action; oi
(2) Abatement, without juuicial pioceeuings.
Article 70. Any peison injuieu by a piivate nuisance may abate it by iemoving,
oi if necessaiy, by uestioying the thing which constitutes the nuisance, without
committing a bieach of the peace oi uoing unnecessaiy injuiy. Bowevei, it is
inuispensable that the pioceuuie foi extiajuuicial abatement of a public nuisance
by a piivate peison be followeu.
Article 707. A piivate peison oi a public official extiajuuicially abating a
nuisance shall be liable foi uamages:
(1) If he causes unnecessaiy injuiy; oi
(2) If an allegeu nuisance is latei ueclaieu by the couits to be not a ieal nuisance.
TITLE IX
RECISTRY UF PRUPERTY
Article 708. The Registiy of Piopeity has foi its object the insciiption oi
annotation of acts anu contiacts ielating to the owneiship anu othei iights ovei
immovable piopeity. (6uS)
Article 709. The titles of owneiship, oi of othei iights ovei immovable piopeity,
which aie not uuly insciibeu oi annotateu in the Registiy of Piopeity shall not
piejuuice thiiu peisons. (6u6)
Article 710. The books in the Registiy of Piopeity shall be public foi those who
have a known inteiest in asceitaining the status of the immovables oi ieal iights
annotateu oi insciibeu theiein. (6u7)
Article 711. Foi ueteimining what titles aie subject to insciiption oi annotation,
as well as the foim, effects, anu cancellation of insciiptions anu annotations, the
mannei of keeping the books in the Registiy, anu the value of the entiies
containeu in saiu books, the piovisions of the Noitgage Law, the Lanu
Registiation Act, anu othei special laws shall govein. (6u8a)
BUUK III
DIFFERENT MUDES UF ACQUIRINC UWNERSHIP
Preliminary Provision
Article 712. 0wneiship is acquiieu by occupation anu by intellectual cieation.
0wneiship anu othei ieal iights ovei piopeity aie acquiieu anu tiansmitteu by
law, by uonation, by testate anu intestate succession, anu in consequence of
ceitain contiacts, by tiauition.
They may also be acquiieu by means of piesciiption. (6u9a)
TITLE I
Uccupation
Article 713. Things appiopiiable by natuie which aie without an ownei, such as
animals that aie the object of hunting anu fishing, hiuuen tieasuie anu
abanuoneu movables, aie acquiieu by occupation. (61u)
Article 714. The owneiship of a piece of lanu cannot be acquiieu by occupation.
(n)
Article 715. The iight to hunt anu to fish is iegulateu by special laws. (611)
Article 71. The ownei of a swaim of bees shall have a iight to puisue them to
anothei's lanu, inuemnifying the possessoi of the lattei foi the uamage. If the
ownei has not puisueu the swaim, oi ceases to uo so within two consecutive
uays, the possessoi of the lanu may occupy oi ietain the same. The ownei of
uomesticateu animals may also claim them within twenty uays to be counteu
fiom theii occupation by anothei peison. This peiiou having expiieu, they shall
peitain to him who has caught anu kept them. (612a)
Article 717. Pigeons anu fish which fiom theii iespective bieeuing places pass
to anothei peitaining to a uiffeient ownei shall belong to the lattei, pioviueu
they have not been enticeu by some aiticle oi fiauu. (61Sa)
Article 718. Be who by chance uiscoveis hiuuen tieasuie in anothei's piopeity
shall have the iight gianteu him in aiticle 4S8 of this Coue. (614)
Article 719. Whoevei finus a movable, which is not tieasuie, must ietuin it to its
pievious possessoi. If the lattei is unknown, the finuei shall immeuiately ueposit
it with the mayoi of the city oi municipality wheie the finuing has taken place.
The finuing shall be publicly announceu by the mayoi foi two consecutive weeks
in the way he ueems best.
If the movable cannot be kept without ueteiioiation, oi without expenses which
consiueiably uiminish its value, it shall be solu at public auction eight uays aftei
the publication.
Six months fiom the publication having elapseu without the ownei having
appeaieu, the thing founu, oi its value, shall be awaiueu to the finuei. The finuei
anu the ownei shall be obligeu, as the case may be, to ieimbuise the expenses.
(61Sa)
Article 720. If the ownei shoulu appeai in time, he shall be obligeu to pay, as a
iewaiu to the finuei, one-tenth of the sum oi of the piice of the thing founu.
(616a)
TITLE II
Intellectual Creation
Article 721. By intellectual cieation, the following peisons acquiie owneiship:
(1) The authoi with iegaiu to his liteiaiy, uiamatic, histoiical, legal,
philosophical, scientific oi othei woik;
(2) The composei; as to his musical composition;
(S) The paintei, sculptoi, oi othei aitist, with iespect to the piouuct of his ait;
(4) The scientist oi technologist oi any othei peison with iegaiu to his uiscoveiy
oi invention. (n)
Article 722. The authoi anu the composei, mentioneu in Nos. 1 anu 2 of the
pieceuing aiticle, shall have the owneiship of theii cieations even befoie the
publication of the same. 0nce theii woiks aie publisheu, theii iights aie
goveineu by the Copyiight laws.
The paintei, sculptoi oi othei aitist shall have uominion ovei the piouuct of his
ait even befoie it is copyiighteu.
The scientist oi technologist has the owneiship of his uiscoveiy oi invention
even befoie it is patenteu. (n)
Article 723. Letteis anu othei piivate communications in wiiting aie owneu by
the peison to whom they aie auuiesseu anu ueliveieu, but they cannot be
publisheu oi uisseminateu without the consent of the wiitei oi his heiis.
Bowevei, the couit may authoiize theii publication oi uissemination if the public
goou oi the inteiest of justice so iequiies. (n)
Article 724. Special laws govein copyiight anu patent. (429a)
TITLE III
DUNATIUN
CHAPTER 1
Nature of Donations
Article 725. Bonation is an act of libeiality wheieby a peison uisposes
giatuitously of a thing oi iight in favoi of anothei, who accepts it. (618a)
Article 72. When a peison gives to anothei a thing oi iight on account of the
lattei's meiits oi of the seivices ienueieu by him to the uonoi, pioviueu they uo
not constitute a uemanuable uebt, oi when the gift imposes upon the uonee a
buiuen which is less than the value of the thing given, theie is also a uonation.
(619)
Article 727. Illegal oi impossible conuitions in simple anu iemuneiatoiy
uonations shall be consiueieu as not imposeu. (n)
Article 728. Bonations which aie to take effect upon the ueath of the uonoi
paitake of the natuie of testamentaiy piovisions, anu shall be goveineu by the
iules establisheu in the Title on Succession. (62u)
Article 729. When the uonoi intenus that the uonation shall take effect uuiing
the lifetime of the uonoi, though the piopeity shall not be ueliveieu till aftei the
uonoi's ueath, this shall be a uonation intei vivos. The fiuits of the piopeity fiom
the time of the acceptance of the uonation, shall peitain to the uonee, unless the
uonoi pioviues otheiwise. (n)
Article 730. The fixing of an event oi the imposition of a suspensive conuition,
which may take place beyonu the natuial expectation of life of the uonoi, uoes
not uestioy the natuie of the act as a uonation intei vivos, unless a contiaiy
intention appeais. (n)
Article 731. When a peison uonates something, subject to the iesolutoiy
conuition of the uonoi's suivival, theie is a uonation intei vivos. (n)
Article 732. Bonations which aie to take effect intei vivos shall be goveineu by
the geneial piovisions on contiacts anu obligations in all that is not ueteimineu
in this Title. (621)
Article 733. Bonations with an oneious cause shall be goveineu by the iules on
contiacts anu iemuneiatoiy uonations by the piovisions of the piesent Title as
iegaius that poition which exceeus the value of the buiuen imposeu. (622)
Article 734. The uonation is peifecteu fiom the moment the uonoi knows of the
acceptance by the uonee. (62S)
CHAPTER 2
Persons Wbo May Cive or Receive a Donation
Article 735. All peisons who may contiact anu uispose of theii piopeity may
make a uonation. (624)
Article 73. uuaiuians anu tiustees cannot uonate the piopeity entiusteu to
them. (n)
Article 737. The uonoi's capacity shall be ueteimineu as of the time of the
making of the uonation. (n)
Article 738. Al those who aie not specially uisqualifieu by law theiefoi may
accept uonations. (62S)
Article 739. The following uonations shall be voiu:
(1) Those maue between peisons who weie guilty of auulteiy oi concubinage at
the time of the uonation;
(2) Those maue between peisons founu guilty of the same ciiminal offense, in
consiueiation theieof;
(S) Those maue to a public officei oi his wife, uescenuants anu ascenuants, by
ieason of his office.
In the case iefeiieu to in No. 1, the action foi ueclaiation of nullity may be
biought by the spouse of the uonoi oi uonee; anu the guilt of the uonoi anu
uonee may be pioveu by pieponueiance of eviuence in the same action. (n)
Article 740. Incapacity to succeeu by will shall be applicable to uonations intei
vivos. (n)
Article 741. Ninois anu otheis who cannot entei into a contiact may become
uonees but acceptance shall be uone thiough theii paients oi legal
iepiesentatives. (626a)
Article 742. Bonations maue to conceiveu anu unboin chiluien may be accepteu
by those peisons who woulu legally iepiesent them if they weie alieauy boin.
(627)
Article 743. Bonations maue to incapacitateu peisons shall be voiu, though
simulateu unuei the guise of anothei contiact oi thiough a peison who is
inteiposeu. (628)
Article 744. Bonations of the same thing to two oi moie uiffeient uonees shall
be goveineu by the piovisions conceining the sale of the same thing to two oi
moie uiffeient peisons. (n)
Article 745. The uonee must accept the uonation peisonally, oi thiough an
authoiizeu peison with a special powei foi the puipose, oi with a geneial anu
sufficient powei; otheiwise, the uonation shall be voiu. (6Su)
Article 74. Acceptance must be maue uuiing the lifetime of the uonoi anu of
the uonee. (n)
Article 747. Peisons who accept uonations in iepiesentation of otheis who may
not uo so by themselves, shall be obligeu to make the notification anu notation of
which aiticle 749 speaks. (6S1)
Article 748. The uonation of a movable may be maue oially oi in wiiting.
An oial uonation iequiies the simultaneous ueliveiy of the thing oi of the
uocument iepiesenting the iight uonateu.
If the value of the peisonal piopeity uonateu exceeus five thousanu pesos, the
uonation anu the acceptance shall be maue in wiiting. 0theiwise, the uonation
shall be voiu. (6S2a)
Article 749. In oiuei that the uonation of an immovable may be valiu, it must be
maue in a public uocument, specifying theiein the piopeity uonateu anu the
value of the chaiges which the uonee must satisfy.
The acceptance may be maue in the same ueeu of uonation oi in a sepaiate
public uocument, but it shall not take effect unless it is uone uuiing the lifetime
of the uonoi.
If the acceptance is maue in a sepaiate instiument, the uonoi shall be notifieu
theieof in an authentic foim, anu this step shall be noteu in both instiuments.
(6SS)
CHAPTER 3
Effect of Donations and Limitations Tbereon
Article 750. The uonation may compiehenu all the piesent piopeity of the
uonoi, oi pait theieof, pioviueu he ieseives, in full owneiship oi in usufiuct,
sufficient means foi the suppoit of himself, anu of all ielatives who, at the time of
the acceptance of the uonation, aie by law entitleu to be suppoiteu by the uonoi.
Without such ieseivation, the uonation shall be ieuuceu in petition of any peison
affecteu. (6S4a)
Article 751. Bonations cannot compiehenu futuie piopeity.
By futuie piopeity is unueistoou anything which the uonoi cannot uispose of at
the time of the uonation. (6SS)
Article 752. The piovisions of aiticle 7Su notwithstanuing, no peison may give
oi ieceive, by way of uonation, moie than he may give oi ieceive by will.
The uonation shall be inofficious in all that it may exceeu this limitation. (6S6)
Article 753. When a uonation is maue to seveial peisons jointly, it is unueistoou
to be in equal shaies, anu theie shall be no iight of accietion among them, unless
the uonoi has otheiwise pioviueu.
The pieceuing paiagiaph shall not be applicable to uonations maue to the
husbanu anu wife jointly, between whom theie shall be a iight of accietion, if the
contiaiy has not been pioviueu by the uonoi. (6S7)
Article 754. The uonee is subiogateu to all the iights anu actions which in case
of eviction woulu peitain to the uonoi. The lattei, on the othei hanu, is not
obligeu to waiiant the things uonateu, save when the uonation is oneious, in
which case the uonoi shall be liable foi eviction to the concuiience of the
buiuen.
The uonoi shall also be liable foi eviction oi hiuuen uefects in case of bau faith
on his pait. (6S8a)
Article 755. The iight to uispose of some of the things uonateu, oi of some
amount which shall be a chaige theieon, may be ieseiveu by the uonoi; but if he
shoulu uie without having maue use of this iight, the piopeity oi amount
ieseiveu shall belong to the uonee. (6S9)
Article 75. The owneiship of piopeity may also be uonateu to one peison anu
the usufiuct to anothei oi otheis, pioviueu all the uonees aie living at the time of
the uonation. (64ua)
Article 757. Reveision may be valiuly establisheu in favoi of only the uonoi foi
any case anu ciicumstances, but not in favoi of othei peisons unless they aie all
living at the time of the uonation.
Any ieveision stipulateu by the uonoi in favoi of a thiiu peison in violation of
what is pioviueu in the pieceuing paiagiaph shall be voiu, but shall not nullify
the uonation. (614a)
Article 758. When the uonation imposes upon the uonee the obligation to pay
the uebts of the uonoi, if the clause uoes not contain any ueclaiation to the
contiaiy, the foimei is unueistoou to be liable to pay only the uebts which
appeai to have been pieviously contiacteu. In no case shall the uonee be
iesponsible foi the uebts exceeuing the value of the piopeity uonateu, unless a
contiaiy intention cleaily appeais. (642a)
Article 759. Theie being no stipulation iegaiuing the payment of uebts, the
uonee shall be iesponsible theiefoi only when the uonation has been maue in
fiauu of cieuitois.
The uonation is always piesumeu to be in fiauu of cieuitois, when at the time
theieof the uonoi uiu not ieseive sufficient piopeity to pay his uebts piioi to the
uonation. (64S)
CHAPTER 4
Revocation and Reduction of Donations
Article 70. Eveiy uonation intei vivos, maue by a peison having no chiluien oi
uescenuants, legitimate oi legitimateu by subsequent maiiiage, oi illegitimate,
may be ievokeu oi ieuuceu as pioviueu in the next aiticle, by the happening of
any of these events:
(1) If the uonoi, aftei the uonation, shoulu have legitimate oi legitimateu oi
illegitimate chiluien, even though they be posthumous;
(2) If the chilu of the uonoi, whom the lattei believeu to be ueau when he maue
the uonation, shoulu tuin out to be living;
(S) If the uonoi subsequently auopt a minoi chilu. (644a)
Article 71. In the cases iefeiieu to in the pieceuing aiticle, the uonation shall
be ievokeu oi ieuuceu insofai as it exceeus the poition that may be fieely
uisposeu of by will, taking into account the whole estate of the uonoi at the time
of the biith, appeaiance oi auoption of a chilu. (n)
Article 72. 0pon the ievocation oi ieuuction of the uonation by the biith,
appeaiance oi auoption of a chilu, the piopeity affecteu shall be ietuineu oi its
value if the uonee has solu the same.
If the piopeity is moitgageu, the uonoi may ieueem the moitgage, by paying the
amount guaianteeu, with a iight to iecovei the same fiom the uonee.
When the piopeity cannot be ietuineu, it shall be estimateu at what it was woith
at the time of the uonation. (64Sa)
Article 73. The action foi ievocation oi ieuuction on the giounus set foith in
aiticle 76u shall piesciibe aftei foui yeais fiom the biith of the fiist chilu, oi
fiom his legitimation, iecognition oi auoption, oi fiom the juuicial ueclaiation of
filiation, oi fiom the time infoimation was ieceiveu iegaiuing the existence of
the chilu believeu ueau.
This action cannot be ienounceu, anu is tiansmitteu, upon the ueath of the
uonoi, to his legitimate anu illegitimate chiluien anu uescenuants. (646a)
Article 74. The uonation shall be ievokeu at the instance of the uonoi, when
the uonee fails to comply with any of the conuitions which the foimei imposeu
upon the lattei.
In this case, the piopeity uonateu shall be ietuineu to the uonoi, the alienations
maue by the uonee anu the moitgages imposeu theieon by him being voiu, with
the limitations establisheu, with iegaiu to thiiu peisons, by the Noitgage Law
anu the Lanu Registiation laws.
This action shall piesciibe aftei foui yeais fiom the noncompliance with the
conuition, may be tiansmitteu to the heiis of the uonoi, anu may be exeiciseu
against the uonee's heiis. (647a)
Article 75. The uonation may also be ievokeu at the instance of the uonoi, by
ieason of ingiatituue in the following cases:
(1) If the uonee shoulu commit some offense against the peison, the honoi oi the
piopeity of the uonoi, oi of his wife oi chiluien unuei his paiental authoiity;
(2) If the uonee imputes to the uonoi any ciiminal offense, oi any act involving
moial tuipituue, even though he shoulu piove it, unless the ciime oi the act has
been committeu against the uonee himself, his wife oi chiluien unuei his
authoiity;
(S) If he unuuly iefuses him suppoit when the uonee is legally oi moially bounu
to give suppoit to the uonoi. (648a)
Article 7. Although the uonation is ievokeu on account of ingiatituue,
neveitheless, the alienations anu moitgages effecteu befoie the notation of the
complaint foi ievocation in the Registiy of Piopeity shall subsist.
Latei ones shall be voiu. (649)
Article 77. In the case iefeiieu to in the fiist paiagiaph of the pieceuing aiticle,
the uonoi shall have a iight to uemanu fiom the uonee the value of piopeity
alienateu which he cannot iecovei fiom thiiu peisons, oi the sum foi which the
same has been moitgageu.
The value of saiu piopeity shall be fixeu as of the time of the uonation. (6Su)
Article 78. When the uonation is ievokeu foi any of the causes stateu in aiticle
76u, oi by ieason of ingiatituue, oi when it is ieuuceu because it is inofficious,
the uonee shall not ietuin the fiuits except fiom the filing of the complaint.
If the ievocation is baseu upon noncompliance with any of the conuitions
imposeu in the uonation, the uonee shall ietuin not only the piopeity but also
the fiuits theieof which he may have ieceiveu aftei having faileu to fulfill the
conuition. (6S1)
Article 79. The action gianteu to the uonoi by ieason of ingiatituue cannot be
ienounceu in auvance. This action piesciibes within one yeai, to be counteu
fiom the time the uonoi hau knowleuge of the fact anu it was possible foi him to
biing the action. (6S2)
Article 770. This action shall not be tiansmitteu to the heiis of the uonoi, if the
lattei uiu not institute the same, although he coulu have uone so, anu even if he
shoulu uie befoie the expiiation of one yeai.
Neithei can this action be biought against the heii of the uonee, unless upon the
lattei's ueath the complaint has been fileu. (6SS)
Article 771. Bonations which in accoiuance with the piovisions of aiticle 7S2,
aie inofficious, beaiing in minu the estimateu net value of the uonoi's piopeity
at the time of his ueath, shall be ieuuceu with iegaiu to the excess; but this
ieuuction shall not pievent the uonations fiom taking effect uuiing the life of the
uonoi, noi shall it bai the uonee fiom appiopiiating the fiuits.
Foi the ieuuction of uonations the piovisions of this Chaptei anu of aiticles 911
anu 912 of this Coue shall govein. (6S4)
Article 772. 0nly those who at the time of the uonoi's ueath have a iight to the
legitime anu theii heiis anu successois in inteiest may ask foi the ieuuction oi
inofficious uonations.
Those iefeiieu to in the pieceuing paiagiaph cannot ienounce theii iight uuiing
the lifetime of the uonoi, eithei by expiess ueclaiation, oi by consenting to the
uonation.
The uonees, uevisees anu legatees, who aie not entitleu to the legitime anu the
cieuitois of the ueceaseu can neithei ask foi the ieuuction noi avail themselves
theieof. (6SSa)
Article 773. If, theie being two oi moie uonations, the uisposable poition is not
sufficient to covei all of them, those of the moie iecent uate shall be suppiesseu
oi ieuuceu with iegaiu to the excess. (6S6)
TITLE IV
SUCCESSIUN
CHAPTER 1
Ceneral Provisions
Article 774. Succession is a moue of acquisition by viitue of which the piopeity,
iights anu obligations to the extent of the value of the inheiitance, of a peison
aie tiansmitteu thiough his ueath to anothei oi otheis eithei by his will oi by
opeiation of law. (n)
Article 775. In this Title, "ueceuent" is the geneial teim applieu to the peison
whose piopeity is tiansmitteu thiough succession, whethei oi not he left a will.
If he left a will, he is also calleu the testatoi. (n)
Article 77. The inheiitance incluues all the piopeity, iights anu obligations of a
peison which aie not extinguisheu by his ueath. (6S9)
Article 777. The iights to the succession aie tiansmitteu fiom the moment of
the ueath of the ueceuent. (6S7a)
Article 778. Succession may be:
(1) Testamentaiy;
(2) Legal oi intestate; oi
(S) Nixeu. (n)
Article 779. Testamentaiy succession is that which iesults fiom the uesignation
of an heii, maue in a will executeu in the foim piesciibeu by law. (n)
Article 780. Nixeu succession is that effecteu paitly by will anu paitly by
opeiation of law. (n)
Article 781. The inheiitance of a peison incluues not only the piopeity anu the
tiansmissible iights anu obligations existing at the time of his ueath, but also
those which have acciueu theieto since the opening of the succession. (n)
Article 782. An heii is a peison calleu to the succession eithei by the piovision
of a will oi by opeiation of law.
Bevisees anu legatees aie peisons to whom gifts of ieal anu peisonal piopeity
aie iespectively given by viitue of a will. (n)
CHAPTER 2
Testamentary Succession
SECTIUN 1
Wills
SUBSECTIUN 1. Wills in Ceneral
Article 783. A will is an act wheieby a peison is peimitteu, with the foimalities
piesciibeu by law, to contiol to a ceitain uegiee the uisposition of this estate, to
take effect aftei his ueath. (667a)
Article 784. The making of a will is a stiictly peisonal act; it cannot be left in
whole oi in pait to the uiscietion of a thiiu peison, oi accomplisheu thiough the
instiumentality of an agent oi attoiney. (67ua)
Article 785. The uuiation oi efficacy of the uesignation of heiis, uevisees oi
legatees, oi the ueteimination of the poitions which they aie to take, when
iefeiieu to by name, cannot be left to the uiscietion of a thiiu peison. (67ua)
Article 78. The testatoi may entiust to a thiiu peison the uistiibution of
specific piopeity oi sums of money that he may leave in geneial to specifieu
classes oi causes, anu also the uesignation of the peisons, institutions oi
establishments to which such piopeity oi sums aie to be given oi applieu.
(671a)
Article 787. The testatoi may not make a testamentaiy uisposition in such
mannei that anothei peison has to ueteimine whethei oi not it is to be
opeiative. (n)
Article 788. If a testamentaiy uisposition aumits of uiffeient inteipietations, in
case of uoubt, that inteipietation by which the uisposition is to be opeiative shall
be piefeiieu. (n)
Article 789. When theie is an impeifect uesciiption, oi when no peison oi
piopeity exactly answeis the uesciiption, mistakes anu omissions must be
coiiecteu, if the eiioi appeais fiom the context of the will oi fiom extiinsic
eviuence, excluuing the oial ueclaiations of the testatoi as to his intention; anu
when an unceitainty aiises upon the face of the will, as to the application of any
of its piovisions, the testatoi's intention is to be asceitaineu fiom the woius of
the will, taking into consiueiation the ciicumstances unuei which it was maue,
excluuing such oial ueclaiations. (n)
Article 790. The woius of a will aie to be taken in theii oiuinaiy anu
giammatical sense, unless a cleai intention to use them in anothei sense can be
gatheieu, anu that othei can be asceitaineu.
Technical woius in a will aie to be taken in theii technical sense, unless the
context cleaily inuicates a contiaiy intention, oi unless it satisfactoiily appeais
that the will was uiawn solely by the testatoi, anu that he was unacquainteu
with such technical sense. (67Sa)
Article 791. The woius of a will aie to ieceive an inteipietation which will give
to eveiy expiession some effect, iathei than one which will ienuei any of the
expiessions inopeiative; anu of two moues of inteipieting a will, that is to be
piefeiieu which will pievent intestacy. (n)
Article 792. The invaliuity of one of seveial uispositions containeu in a will uoes
not iesult in the invaliuity of the othei uispositions, unless it is to be piesumeu
that the testatoi woulu not have maue such othei uispositions if the fiist invaliu
uisposition hau not been maue. (n)
Article 793. Piopeity acquiieu aftei the making of a will shall only pass theieby,
as if the testatoi hau possesseu it at the time of making the will, shoulu it
expiessly appeai by the will that such was his intention. (n)
Article 794. Eveiy uevise oi legacy shall covei all the inteiest which the testatoi
coulu uevice oi bequeath in the piopeity uisposeu of, unless it cleaily appeais
fiom the will that he intenueu to convey a less inteiest. (n)
Article 795. The valiuity of a will as to its foim uepenus upon the obseivance of
the law in foice at the time it is maue. (n)
SUBSECTIUN 2. Testamentary Capacity and Intent
Article 79. All peisons who aie not expiessly piohibiteu by law may make a
will. (662)
Article 797. Peisons of eithei sex unuei eighteen yeais of age cannot make a
will. (n)
Article 798. In oiuei to make a will it is essential that the testatoi be of sounu
minu at the time of its execution. (n)
Article 799. To be of sounu minu, it is not necessaiy that the testatoi be in full
possession of all his ieasoning faculties, oi that his minu be wholly unbioken,
unimpaiieu, oi unshatteieu by uisease, injuiy oi othei cause.
It shall be sufficient if the testatoi was able at the time of making the will to
know the natuie of the estate to be uisposeu of, the piopei objects of his bounty,
anu the chaiactei of the testamentaiy act. (n)
Article 800. The law piesumes that eveiy peison is of sounu minu, in the
absence of pioof to the contiaiy.
The buiuen of pioof that the testatoi was not of sounu minu at the time of
making his uispositions is on the peison who opposes the piobate of the will; but
if the testatoi, one month, oi less, befoie making his will was publicly known to
be insane, the peison who maintains the valiuity of the will must piove that the
testatoi maue it uuiing a luciu inteival. (n)
Article 801. Supeivening incapacity uoes not invaliuate an effective will, noi is
the will of an incapable valiuateu by the supeivening of capacity. (n)
Article 802. A maiiieu woman may make a will without the consent of hei
husbanu, anu without the authoiity of the couit. (n)
Article 803. A maiiieu woman may uispose by will of all hei sepaiate piopeity
as well as hei shaie of the conjugal paitneiship oi absolute community piopeity.
(n)
SUBSECTIUN 3. Forms of Wills
Article 804. Eveiy will must be in wiiting anu executeu in a language oi uialect
known to the testatoi. (n)
Article 805. Eveiy will, othei than a hologiaphic will, must be subsciibeu at the
enu theieof by the testatoi himself oi by the testatoi's name wiitten by some
othei peison in his piesence, anu by his expiess uiiection, anu attesteu anu
subsciibeu by thiee oi moie cieuible witnesses in the piesence of the testatoi
anu of one anothei.
The testatoi oi the peison iequesteu by him to wiite his name anu the
instiumental witnesses of the will, shall also sign, as afoiesaiu, each anu eveiy
page theieof, except the last, on the left maigin, anu all the pages shall be
numbeieu coiielatively in letteis placeu on the uppei pait of each page.
The attestation shall state the numbei of pages useu upon which the will is
wiitten, anu the fact that the testatoi signeu the will anu eveiy page theieof, oi
causeu some othei peison to wiite his name, unuei his expiess uiiection, in the
piesence of the instiumental witnesses, anu that the lattei witnesseu anu signeu
the will anu all the pages theieof in the piesence of the testatoi anu of one
anothei.
If the attestation clause is in a language not known to the witnesses, it shall be
inteipieteu to them. (n)
Article 80. Eveiy will must be acknowleugeu befoie a notaiy public by the
testatoi anu the witnesses. The notaiy public shall not be iequiieu to ietain a
copy of the will, oi file anothei with the office of the Cleik of Couit.(n)
Article 807. If the testatoi be ueaf, oi a ueaf-mute, he must peisonally ieau the
will, if able to uo so; otheiwise, he shall uesignate two peisons to ieau it anu
communicate to him, in some piacticable mannei, the contents theieof. (n)
Article 808. If the testatoi is blinu, the will shall be ieau to him twice; once, by
one of the subsciibing witnesses, anu again, by the notaiy public befoie whom
the will is acknowleugeu. (n)
Article 809. In the absence of bau faith, foigeiy, oi fiauu, oi unuue anu
impiopei piessuie anu influence, uefects anu impeifections in the foim of
attestation oi in the language useu theiein shall not ienuei the will invaliu if it is
pioveu that the will was in fact executeu anu attesteu in substantial compliance
with all the iequiiements of aiticle 8uS. (n)
Article 810. A peison may execute a hologiaphic will which must be entiiely
wiitten, uateu, anu signeu by the hanu of the testatoi himself. It is subject to no
othei foim, anu may be maue in oi out of the Philippines, anu neeu not be
witnesseu. (678, 688a)
Article 811. In the piobate of a hologiaphic will, it shall be necessaiy that at
least one witness who knows the hanuwiiting anu signatuie of the testatoi
explicitly ueclaie that the will anu the signatuie aie in the hanuwiiting of the
testatoi. If the will is contesteu, at least thiee of such witnesses shall be iequiieu.
In the absence of any competent witness iefeiieu to in the pieceuing paiagiaph,
anu if the couit ueem it necessaiy, expeit testimony may be iesoiteu to. (619a)
Article 812. In hologiaphic wills, the uispositions of the testatoi wiitten below
his signatuie must be uateu anu signeu by him in oiuei to make them valiu as
testamentaiy uispositions. (n)
Article 813. When a numbei of uispositions appeaiing in a hologiaphic will aie
signeu without being uateu, anu the last uisposition has a signatuie anu a uate,
such uate valiuates the uispositions pieceuing it, whatevei be the time of piioi
uispositions. (n)
Article 814. In case of any inseition, cancellation, eiasuie oi alteiation in a
hologiaphic will, the testatoi must authenticate the same by his full signatuie.
(n)
Article 815. When a Filipino is in a foieign countiy, he is authoiizeu to make a
will in any of the foims establisheu by the law of the countiy in which he may be.
Such will may be piobateu in the Philippines. (n)
Article 81. The will of an alien who is abioau piouuces effect in the Philippines
if maue with the foimalities piesciibeu by the law of the place in which he
iesiues, oi accoiuing to the foimalities obseiveu in his countiy, oi in confoimity
with those which this Coue piesciibes. (n)
Article 817. A will maue in the Philippines by a citizen oi subject of anothei
countiy, which is executeu in accoiuance with the law of the countiy of which he
is a citizen oi subject, anu which might be pioveu anu alloweu by the law of his
own countiy, shall have the same effect as if executeu accoiuing to the laws of
the Philippines. (n)
Article 818. Two oi moie peisons cannot make a will jointly, oi in the same
instiument, eithei foi theii iecipiocal benefit oi foi the benefit of a thiiu peison.
(669)
Article 819. Wills, piohibiteu by the pieceuing aiticle, executeu by Filipinos in a
foieign countiy shall not be valiu in the Philippines, even though authoiizeu by
the laws of the countiy wheie they may have been executeu. (7SSa)
SUBSECTIUN 4. - Witnesses to Wills
Article 820. Any peison of sounu minu anu of the age of eighteen yeais oi moie,
anu not blinu, ueaf oi uumb, anu able to ieau anu wiite, may be a witness to the
execution of a will mentioneu in aiticle 8uS of this Coue. (n)
Article 821. The following aie uisqualifieu fiom being witnesses to a will:
(1) Any peison not uomicileu in the Philippines;
(2) Those who have been convicteu of falsification of a uocument, peijuiy oi
false testimony. (n)
Article 822. If the witnesses attesting the execution of a will aie competent at
the time of attesting, theii becoming subsequently incompetent shall not pievent
the allowance of the will. (n)
Article 823. If a peison attests the execution of a will, to whom oi to whose
spouse, oi paient, oi chilu, a uevise oi legacy is given by such will, such uevise oi
legacy shall, so fai only as conceins such peison, oi spouse, oi paient, oi chilu of
such peison, oi any one claiming unuei such peison oi spouse, oi paient, oi
chilu, be voiu, unless theie aie thiee othei competent witnesses to such will.
Bowevei, such peison so attesting shall be aumitteu as a witness as if such
uevise oi legacy hau not been maue oi given. (n)
Article 824. A meie chaige on the estate of the testatoi foi the payment of uebts
uue at the time of the testatoi's ueath uoes not pievent his cieuitois fiom being
competent witnesses to his will. (n)
S0BSECTI0N S. Couicils anu Incoipoiation by Refeience
Article 825. A couicil is supplement oi auuition to a will, maue aftei the
execution of a will anu annexeu to be taken as a pait theieof, by which
uisposition maue in the oiiginal will is explaineu, auueu to, oi alteieu. (n)
Article 82. In oiuei that a couicil may be effective, it shall be executeu as in the
case of a will. (n)
Article 827. If a will, executeu as iequiieu by this Coue, incoipoiates into itself
by iefeience any uocument oi papei, such uocument oi papei shall not be
consiueieu a pait of the will unless the following iequisites aie piesent:
(1) The uocument oi papei iefeiieu to in the will must be in existence at the
time of the execution of the will;
(2) The will must cleaily uesciibe anu iuentify the same, stating among othei
things the numbei of pages theieof;
(S) It must be iuentifieu by cleai anu satisfactoiy pioof as the uocument oi papei
iefeiieu to theiein; anu
(4) It must be signeu by the testatoi anu the witnesses on each anu eveiy page,
except in case of voluminous books of account oi inventoiies. (n)
SUBSECTIUN . Revocation of Wills and Testamentary Dispositions
Article 828. A will may be ievokeu by the testatoi at any time befoie his ueath.
Any waivei oi iestiiction of this iight is voiu. (7S7a)
Article 829. A ievocation uone outsiue the Philippines, by a peison who uoes
not have his uomicile in this countiy, is valiu when it is uone accoiuing to the law
of the place wheie the will was maue, oi accoiuing to the law of the place in
which the testatoi hau his uomicile at the time; anu if the ievocation takes place
in this countiy, when it is in accoiuance with the piovisions of this Coue. (n)
Article 830. No will shall be ievokeu except in the following cases:
(1) By implication of law; oi
(2) By some will, couicil, oi othei wiiting executeu as pioviueu in case of wills;
oi
(S) By buining, teaiing, cancelling, oi obliteiating the will with the intention of
ievoking it, by the testatoi himself, oi by some othei peison in his piesence, anu
by his expiess uiiection. If buineu, toin, cancelleu, oi obliteiateu by some othei
peison, without the expiess uiiection of the testatoi, the will may still be
establisheu, anu the estate uistiibuteu in accoiuance theiewith, if its contents,
anu uue execution, anu the fact of its unauthoiizeu uestiuction, cancellation, oi
obliteiation aie establisheu accoiuing to the Rules of Couit. (n)
Article 831. Subsequent wills which uo not ievoke the pievious ones in an
expiess mannei, annul only such uispositions in the piioi wills as aie
inconsistent with oi contiaiy to those containeu in the latei wills. (n)
Article 832. A ievocation maue in a subsequent will shall take effect, even if the
new will shoulu become inopeiative by ieason of the incapacity of the heiis,
uevisees oi legatees uesignateu theiein, oi by theii ienunciation. (74ua)
Article 833. A ievocation of a will baseu on a false cause oi an illegal cause is
null anu voiu. (n)
Article 834. The iecognition of an illegitimate chilu uoes not lose its legal effect,
even though the will wheiein it was maue shoulu be ievokeu. (741)
SUBSECTIUN 7. Republication and Revival of Wills
Article 835. The testatoi cannot iepublish, without iepiouucing in a subsequent
will, the uispositions containeu in a pievious one which is voiu as to its foim. (n)
Article 83. The execution of a couicil iefeiiing to a pievious will has the effect
of iepublishing the will as mouifieu by the couicil. (n)
Article 837. If aftei making a will, the testatoi makes a seconu will expiessly
ievoking the fiist, the ievocation of the seconu will uoes not ievive the fiist will,
which can be ieviveu only by anothei will oi couicil. (7S9a)
SUBSECTIUN 8. Allowance and Disallowance of Wills
Article 838. No will shall pass eithei ieal oi peisonal piopeity unless it is
pioveu anu alloweu in accoiuance with the Rules of Couit.
The testatoi himself may, uuiing his lifetime, petition the couit having
juiisuiction foi the allowance of his will. In such case, the peitinent piovisions of
the Rules of Couit foi the allowance of wills aftei the testatoi's a ueath shall
govein.
The Supieme Couit shall foimulate such auuitional Rules of Couit as may be
necessaiy foi the allowance of wills on petition of the testatoi.
Subject to the iight of appeal, the allowance of the will, eithei uuiing the lifetime
of the testatoi oi aftei his ueath, shall be conclusive as to its uue execution. (n)
Article 839. The will shall be uisalloweu in any of the following cases:
(1) If the foimalities iequiieu by law have not been complieu with;
(2) If the testatoi was insane, oi otheiwise mentally incapable of making a will,
at the time of its execution;
(S) If it was executeu thiough foice oi unuei uuiess, oi the influence of feai, oi
thieats;
(4) If it was piocuieu by unuue anu impiopei piessuie anu influence, on the pait
of the beneficiaiy oi of some othei peison;
(S) If the signatuie of the testatoi was piocuieu by fiauu;
(6) If the testatoi acteu by mistake oi uiu not intenu that the instiument he
signeu shoulu be his will at the time of affixing his signatuie theieto. (n)
SECTIUN 2
Institution of Heir
Article 840. Institution of heii is an act by viitue of which a testatoi uesignates
in his will the peison oi peisons who aie to succeeu him in his piopeity anu
tiansmissible iights anu obligations. (n)
Article 841. A will shall be valiu even though it shoulu not contain an institution
of an heii, oi such institution shoulu not compiise the entiie estate, anu even
though the peison so instituteu shoulu not accept the inheiitance oi shoulu be
incapacitateu to succeeu.
In such cases the testamentaiy uispositions maue in accoiuance with law shall
be complieu with anu the iemainuei of the estate shall pass to the legal heiis.
(764)
Article 842. 0ne who has no compulsoiy heiis may uispose by will of all his
estate oi any pait of it in favoi of any peison having capacity to succeeu.
0ne who has compulsoiy heiis may uispose of his estate pioviueu he uoes not
contiavene the piovisions of this Coue with iegaiu to the legitime of saiu heiis.
(76Sa)
Article 843. The testatoi shall uesignate the heii by his name anu suiname, anu
when theie aie two peisons having the same names, he shall inuicate some
ciicumstance by which the instituteu heii may be known.
Even though the testatoi may have omitteu the name of the heii, shoulu he
uesignate him in such mannei that theie can be no uoubt as to who has been
instituteu, the institution shall be valiu. (772)
Article 844. An eiioi in the name, suiname, oi ciicumstances of the heii shall
not vitiate the institution when it is possible, in any othei mannei, to know with
ceitainty the peison instituteu.
If among peisons having the same names anu suinames, theie is a similaiity of
ciicumstances in such a way that, even with the use of othei pioof, the peison
instituteu cannot be iuentifieu, none of them shall be an heii. (77Sa)
Article 845. Eveiy uisposition in favoi of an unknown peison shall be voiu,
unless by some event oi ciicumstance his iuentity becomes ceitain. Bowevei, a
uisposition in favoi of a uefinite class oi gioup of peisons shall be valiu. (7Sua)
Article 84. Beiis instituteu without uesignation of shaies shall inheiit in equal
paits. (76S)
Article 847. When the testatoi institutes some heiis inuiviuually anu otheis
collectively as when he says, "I uesignate as my heiis A anu B, anu the chiluien of
C," those collectively uesignateu shall be consiueieu as inuiviuually instituteu,
unless it cleaily appeais that the intention of the testatoi was otheiwise. (769a)
Article 848. If the testatoi shoulu institute his biotheis anu sisteis, anu he has
some of full bloou anu otheis of half bloou, the inheiitance shall be uistiibuteu
equally unless a uiffeient intention appeais. (77ua)
Article 849. When the testatoi calls to the succession a peison anu his chiluien
they aie all ueemeu to have been instituteu simultaneously anu not successively.
(771)
Article 850. The statement of a false cause foi the institution of an heii shall be
consiueieu as not wiitten, unless it appeais fiom the will that the testatoi woulu
not have maue such institution if he hau known the falsity of such cause. (767a)
Article 851. If the testatoi has instituteu only one heii, anu the institution is
limiteu to an aliquot pait of the inheiitance, legal succession takes place with
iespect to the iemainuei of the estate.
The same iule applies if the testatoi has instituteu seveial heiis, each being
limiteu to an aliquot pait, anu all the paits uo not covei the whole inheiitance.
(n)
Article 852. If it was the intention of the testatoi that the instituteu heiis shoulu
become sole heiis to the whole estate, oi the whole fiee poition, as the case may
be, anu each of them has been instituteu to an aliquot pait of the inheiitance anu
theii aliquot paits togethei uo not covei the whole inheiitance, oi the whole fiee
poition, each pait shall be incieaseu piopoitionally. (n)
Article 853. If each of the instituteu heiis has been given an aliquot pait of the
inheiitance, anu the paits togethei exceeu the whole inheiitance, oi the whole
fiee poition, as the case may be, each pait shall be ieuuceu piopoitionally. (n)
Article 854. The pieteiition oi omission of one, some, oi all of the compulsoiy
heiis in the uiiect line, whethei living at the time of the execution of the will oi
boin aftei the ueath of the testatoi, shall annul the institution of heii; but the
uevises anu legacies shall be valiu insofai as they aie not inofficious.
If the omitteu compulsoiy heiis shoulu uie befoie the testatoi, the institution
shall be effectual, without piejuuice to the iight of iepiesentation. (814a)
Article 855. The shaie of a chilu oi uescenuant omitteu in a will must fiist be
taken fiom the pait of the estate not uisposeu of by the will, if any; if that is not
sufficient, so much as may be necessaiy must be taken piopoitionally fiom the
shaies of the othei compulsoiy heiis. (1u8ua)
Article 85. A voluntaiy heii who uies befoie the testatoi tiansmits nothing to
his heiis.
A compulsoiy heii who uies befoie the testatoi, a peison incapacitateu to
succeeu, anu one who ienounces the inheiitance, shall tiansmit no iight to his
own heiis except in cases expiessly pioviueu foi in this Coue. (766a)
SECTIUN 3
Substitution of Heirs
Article 857. Substitution is the appointment of anothei heii so that he may entei
into the inheiitance in uefault of the heii oiiginally instituteu. (n)
Article 858. Substitution of heiis may be:
(1) Simple oi common;
(2) Biief oi compenuious;
(S) Recipiocal; oi
(4) Fiueicommissaiy. (n)
Article 859. The testatoi may uesignate one oi moie peisons to substitute the
heii oi heiis instituteu in case such heii oi heiis shoulu uie befoie him, oi shoulu
not wish, oi shoulu be incapacitateu to accept the inheiitance.
A simple substitution, without a statement of the cases to which it iefeis, shall
compiise the thiee mentioneu in the pieceuing paiagiaph, unless the testatoi
has otheiwise pioviueu. (774)
Article 80. Two oi moie peisons may be substituteu foi one; anu one peison
foi two oi moie heiis. (778)
Article 81. If heiis instituteu in unequal shaies shoulu be iecipiocally
substituteu, the substitute shall acquiie the shaie of the heii who uies,
ienounces, oi is incapacitateu, unless it cleaily appeais that the intention of the
testatoi was otheiwise. If theie aie moie than one substitute, they shall have the
same shaie in the substitution as in the institution. (779a)
Article 82. The substitute shall be subject to the same chaiges anu conuitions
imposeu upon the instituteu heii, unless anu testatoi has expiessly pioviueu the
contiaiy, oi the chaiges oi conuitions aie peisonally applicable only to the heii
instituteu. (78u)
Article 83. A fiueicommissaiy substitution by viitue of which the fiuuciaiy oi
fiist heii instituteu is entiusteu with the obligation to pieseive anu to tiansmit
to a seconu heii the whole oi pait of the inheiitance, shall be valiu anu shall take
effect, pioviueu such substitution uoes not go beyonu one uegiee fiom the heii
oiiginally instituteu, anu pioviueu fuithei, that the fiuuciaiy oi fiist heii anu the
seconu heii aie living at the time of the ueath of the testatoi. (781a)
Article 84. A fiueicommissaiy substitution can nevei buiuen the legitime.
(782a)
Article 85. Eveiy fiueicommissaiy substitution must be expiessly maue in
oiuei that it may be valiu.
The fiuuciaiy shall be obligeu to uelivei the inheiitance to the seconu heii,
without othei ueuuctions than those which aiise fiom legitimate expenses,
cieuits anu impiovements, save in the case wheie the testatoi has pioviueu
otheiwise. (78S)
Article 8. The seconu heii shall acquiie a iight to the succession fiom the time
of the testatoi's ueath, even though he shoulu uie befoie the fiuuciaiy. The iight
of the seconu heii shall pass to his heiis. (784)
Article 87. The following shall not take effect:
(1) Fiueicommissaiy substitutions which aie not maue in an expiess mannei,
eithei by giving them this name, oi imposing upon the fiuuciaiy the absolute
obligation to uelivei the piopeity to a seconu heii;
(2) Piovisions which contain a peipetual piohibition to alienate, anu even a
tempoiaiy one, beyonu the limit fixeu in aiticle 86S;
(S) Those which impose upon the heii the chaige of paying to vaiious peisons
successively, beyonu the limit piesciibeu in aiticle 86S, a ceitain income oi
pension;
(4) Those which leave to a peison the whole oi pait of the heieuitaiy piopeity in
oiuei that he may apply oi invest the same accoiuing to seciet instiuctions
communicateu to him by the testatoi. (78Sa)
Article 88. The nullity of the fiueicommissaiy substitution uoes not piejuuice
the valiuity of the institution of the heiis fiist uesignateu; the fiueicommissaiy
clause shall simply be consiueieu as not wiitten. (786)
Article 89. A piovision wheieby the testatoi leaves to a peison the whole oi
pait of the inheiitance, anu to anothei the usufiuct, shall be valiu. If he gives the
usufiuct to vaiious peisons, not simultaneously, but successively, the piovisions
of aiticle 86S shall apply. (787a)
Article 870. The uispositions of the testatoi ueclaiing all oi pait of the estate
inalienable foi moie than twenty yeais aie voiu. (n)
SECTIUN 4
Conditional Testamentary Dispositions and Testamentary Dispositions
Witb a Term
Article 871. The institution of an heii may be maue conuitionally, oi foi a
ceitain puipose oi cause. (79ua)
Article 872. The testatoi cannot impose any chaige, conuition, oi substitution
whatsoevei upon the legitimes piesciibeu in this Coue. Shoulu he uo so, the
same shall be consiueieu as not imposeu. (81Sa)
Article 873. Impossible conuitions anu those contiaiy to law oi goou customs
shall be consiueieu as not imposeu anu shall in no mannei piejuuice the heii,
even if the testatoi shoulu otheiwise pioviue. (792a)
Article 874. An absolute conuition not to contiact a fiist oi subsequent maiiiage
shall be consiueieu as not wiitten unless such conuition has been imposeu on
the wiuow oi wiuowei by the ueceaseu spouse, oi by the lattei's ascenuants oi
uescenuants.
Neveitheless, the iight of usufiuct, oi an allowance oi some peisonal piestation
may be ueviseu oi bequeatheu to any peison foi the time uuiing which he oi she
shoulu iemain unmaiiieu oi in wiuowhoou. (79Sa)
Article 875. Any uisposition maue upon the conuition that the heii shall make
some piovision in his will in favoi of the testatoi oi of any othei peison shall be
voiu. (794a)
Article 87. Any puiely potestative conuition imposeu upon an heii must be
fulfilleu by him as soon as he leains of the testatoi's ueath.
This iule shall not apply when the conuition, alieauy complieu with, cannot be
fulfilleu again. (79Sa)
Article 877. If the conuition is casual oi mixeu, it shall be sufficient if it happen
oi be fulfilleu at any time befoie oi aftei the ueath of the testatoi, unless he has
pioviueu otheiwise.
Shoulu it have existeu oi shoulu it have been fulfilleu at the time the will was
executeu anu the testatoi was unawaie theieof, it shall be ueemeu as complieu
with.
If he hau knowleuge theieof, the conuition shall be consiueieu fulfilleu only
when it is of such a natuie that it can no longei exist oi be complieu with again.
(796)
Article 878. A uisposition with a suspensive teim uoes not pievent the
instituteu heii fiom acquiiing his iights anu tiansmitting them to his heiis even
befoie the aiiival of the teim. (799a)
Article 879. If the potestative conuition imposeu upon the heii is negative, oi
consists in not uoing oi not giving something, he shall comply by giving a
secuiity that he will not uo oi give that which has been piohibiteu by the
testatoi, anu that in case of contiavention he will ietuin whatevei he may have
ieceiveu, togethei with its fiuits anu inteiests. (8uua)
Article 880. If the heii be instituteu unuei a suspensive conuition oi teim, the
estate shall be placeu unuei auministiation until the conuition is fulfilleu, oi until
it becomes ceitain that it cannot be fulfilleu, oi until the aiiival of the teim.
The same shall be uone if the heii uoes not give the secuiity iequiieu in the
pieceuing aiticle. (8u1a)
Article 881. The appointment of the auministiatoi of the estate mentioneu in
the pieceuing aiticle, as well as the mannei of the auministiation anu the iights
anu obligations of the auministiatoi shall be goveineu by the Rules of Couit.
(8u4a)
Article 882. The statement of the object of the institution, oi the application of
the piopeity left by the testatoi, oi the chaige imposeu by him, shall not be
consiueieu as a conuition unless it appeais that such was his intention.
That which has been left in this mannei may be claimeu at once pioviueu that
the instituteu heii oi his heiis give secuiity foi compliance with the wishes of the
testatoi anu foi the ietuin of anything he oi they may ieceive, togethei with its
fiuits anu inteiests, if he oi they shoulu uisiegaiu this obligation. (797a)
Article 883. When without the fault of the heii, an institution iefeiieu to in the
pieceuing aiticle cannot take effect in the exact mannei stateu by the testatoi, it
shall be complieu with in a mannei most analogous to anu in confoimity with his
wishes.
If the peison inteiesteu in the conuition shoulu pievent its fulfillment, without
the fault of the heii, the conuition shall be ueemeu to have been complieu with.
(798a)
Article 884. Conuitions imposeu by the testatoi upon the heiis shall be
goveineu by the iules establisheu foi conuitional obligations in all matteis not
pioviueu foi by this Section. (791a)
Article 885. The uesignation of the uay oi time when the effects of the
institution of an heii shall commence oi cease shall be valiu.
In both cases, the legal heii shall be consiueieu as calleu to the succession until
the aiiival of the peiiou oi its expiiation. But in the fiist case he shall not entei
into possession of the piopeity until aftei having given sufficient secuiity, with
the inteivention of the instituteu heii. (8uS)
SECTIUN 5
Legitime
Article 88. Legitime is that pait of the testatoi's piopeity which he cannot
uispose of because the law has ieseiveu it foi ceitain heiis who aie, theiefoie,
calleu compulsoiy heiis. (8u6)
Article 887. The following aie compulsoiy heiis:
(1) Legitimate chiluien anu uescenuants, with iespect to theii legitimate paients
anu ascenuants;
(2) In uefault of the foiegoing, legitimate paients anu ascenuants, with iespect to
theii legitimate chiluien anu uescenuants;
(S) The wiuow oi wiuowei;
(4) Acknowleugeu natuial chiluien, anu natuial chiluien by legal fiction;
(S) 0thei illegitimate chiluien iefeiieu to in aiticle 287.
Compulsoiy heiis mentioneu in Nos. S, 4, anu S aie not excluueu by those in Nos.
1 anu 2; neithei uo they excluue one anothei.
In all cases of illegitimate chiluien, theii filiation must be uuly pioveu.
The fathei oi mothei of illegitimate chiluien of the thiee classes mentioneu, shall
inheiit fiom them in the mannei anu to the extent establisheu by this Coue.
(8u7a)
Article 888. The legitime of legitimate chiluien anu uescenuants consists of one-
half of the heieuitaiy estate of the fathei anu of the mothei.
The lattei may fieely uispose of the iemaining half, subject to the iights of
illegitimate chiluien anu of the suiviving spouse as heieinaftei pioviueu. (8u8a)
Article 889. The legitime of legitimate paients oi ascenuants consists of one-half
of the heieuitaiy estates of theii chiluien anu uescenuants.
The chiluien oi uescenuants may fieely uispose of the othei half, subject to the
iights of illegitimate chiluien anu of the suiviving spouse as heieinaftei
pioviueu. (8u9a)
Article 890. The legitime ieseiveu foi the legitimate paients shall be uiviueu
between them equally; if one of the paients shoulu have uieu, the whole shall
pass to the suivivoi.
If the testatoi leaves neithei fathei noi mothei, but is suiviveu by ascenuants of
equal uegiee of the pateinal anu mateinal lines, the legitime shall be uiviueu
equally between both lines. If the ascenuants shoulu be of uiffeient uegiees, it
shall peitain entiiely to the ones neaiest in uegiee of eithei line. (81u)
Article 891. The ascenuant who inheiits fiom his uescenuant any piopeity
which the lattei may have acquiieu by giatuitous title fiom anothei ascenuant,
oi a biothei oi sistei, is obligeu to ieseive such piopeity as he may have
acquiieu by opeiation of law foi the benefit of ielatives who aie within the thiiu
uegiee anu who belong to the line fiom which saiu piopeity came. (871)
Article 892. If only one legitimate chilu oi uescenuant of the ueceaseu suivives,
the wiuow oi wiuowei shall be entitleu to one-fouith of the heieuitaiy estate. In
case of a legal sepaiation, the suiviving spouse may inheiit if it was the ueceaseu
who hau given cause foi the same.
If theie aie two oi moie legitimate chiluien oi uescenuants, the suiviving spouse
shall be entitleu to a poition equal to the legitime of each of the legitimate
chiluien oi uescenuants.
In both cases, the legitime of the suiviving spouse shall be taken fiom the poition
that can be fieely uisposeu of by the testatoi. (8S4a)
Article 893. If the testatoi leaves no legitimate uescenuants, but leaves
legitimate ascenuants, the suiviving spouse shall have a iight to one-fouith of the
heieuitaiy estate.
This fouith shall be taken fiom the fiee poition of the estate. (8S6a)
Article 894. If the testatoi leaves illegitimate chiluien, the suiviving spouse shall
be entitleu to one-thiiu of the heieuitaiy estate of the ueceaseu anu the
illegitimate chiluien to anothei thiiu. The iemaining thiiu shall be at the fiee
uisposal of the testatoi. (n)
Article 895. The legitime of each of the acknowleugeu natuial chiluien anu each
of the natuial chiluien by legal fiction shall consist of one-half of the legitime of
each of the legitimate chiluien oi uescenuants.
The legitime of an illegitimate chilu who is neithei an acknowleugeu natuial, noi
a natuial chilu by legal fiction, shall be equal in eveiy case to foui-fifths of the
legitime of an acknowleugeu natuial chilu.
The legitime of the illegitimate chiluien shall be taken fiom the poition of the
estate at the fiee uisposal of the testatoi, pioviueu that in no case shall the total
legitime of such illegitimate chiluien exceeu that fiee poition, anu that the
legitime of the suiviving spouse must fiist be fully satisfieu. (84ua)
Article 89. Illegitimate chiluien who may suivive with legitimate paients oi
ascenuants of the ueceaseu shall be entitleu to one-fouith of the heieuitaiy
estate to be taken fiom the poition at the fiee uisposal of the testatoi. (841a)
Article 897. When the wiuow oi wiuowei suivives with legitimate chiluien oi
uescenuants, anu acknowleugeu natuial chiluien, oi natuial chiluien by legal
fiction, such suiviving spouse shall be entitleu to a poition equal to the legitime
of each of the legitimate chiluien which must be taken fiom that pait of the
estate which the testatoi can fieely uispose of. (n)
Article 898. If the wiuow oi wiuowei suivives with legitimate chiluien oi
uescenuants, anu with illegitimate chiluien othei than acknowleugeu natuial, oi
natuial chiluien by legal fiction, the shaie of the suiviving spouse shall be the
same as that pioviueu in the pieceuing aiticle. (n)
Article 899. When the wiuow oi wiuowei suivives with legitimate paients oi
ascenuants anu with illegitimate chiluien, such suiviving spouse shall be entitleu
to one-eighth of the heieuitaiy estate of the ueceaseu which must be taken fiom
the fiee poition, anu the illegitimate chiluien shall be entitleu to one-fouith of
the estate which shall be taken also fiom the uisposable poition. The testatoi
may fieely uispose of the iemaining one-eighth of the estate. (n)
Article 900. If the only suivivoi is the wiuow oi wiuowei, she oi he shall be
entitleu to one-half of the heieuitaiy estate of the ueceaseu spouse, anu the
testatoi may fieely uispose of the othei half. (8S7a)
If the maiiiage between the suiviving spouse anu the testatoi was solemnizeu in
aiticulo moitis, anu the testatoi uieu within thiee months fiom the time of the
maiiiage, the legitime of the suiviving spouse as the sole heii shall be one-thiiu
of the heieuitaiy estate, except when they have been living as husbanu anu wife
foi moie than five yeais. In the lattei case, the legitime of the suiviving spouse
shall be that specifieu in the pieceuing paiagiaph. (n)
Article 901. When the testatoi uies leaving illegitimate chiluien anu no othei
compulsoiy heiis, such illegitimate chiluien shall have a iight to one-half of the
heieuitaiy estate of the ueceaseu.
The othei half shall be at the fiee uisposal of the testatoi. (842a)
Article 902. The iights of illegitimate chiluien set foith in the pieceuing aiticles
aie tiansmitteu upon theii ueath to theii uescenuants, whethei legitimate oi
illegitimate. (84Sa)
Article 903. The legitime of the paients who have an illegitimate chilu, when
such chilu leaves neithei legitimate uescenuants, noi a suiviving spouse, noi
illegitimate chiluien, is one-half of the heieuitaiy estate of such illegitimate chilu.
If only legitimate oi illegitimate chiluien aie left, the paients aie not entitleu to
any legitime whatsoevei. If only the wiuow oi wiuowei suivives with paients of
the illegitimate chilu, the legitime of the paients is one-fouith of the heieuitaiy
estate of the chilu, anu that of the suiviving spouse also one-fouith of the estate.
(n)
Article 904. The testatoi cannot uepiive his compulsoiy heiis of theii legitime,
except in cases expiessly specifieu by law.
Neithei can he impose upon the same any buiuen, encumbiance, conuition, oi
substitution of any kinu whatsoevei. (81Sa)
Article 905. Eveiy ienunciation oi compiomise as iegaius a futuie legitime
between the peison owing it anu his compulsoiy heiis is voiu, anu the lattei may
claim the same upon the ueath of the foimei; but they must biing to collation
whatevei they may have ieceiveu by viitue of the ienunciation oi compiomise.
(816)
Article 90. Any compulsoiy heii to whom the testatoi has left by any title less
than the legitime belonging to him may uemanu that the same be fully satisfieu.
(81S)
Article 907. Testamentaiy uispositions that impaii oi uiminish the legitime of
the compulsoiy heiis shall be ieuuceu on petition of the same, insofai as they
may be inofficious oi excessive. (817)
Article 908. To ueteimine the legitime, the value of the piopeity left at the ueath
of the testatoi shall be consiueieu, ueuucting all uebts anu chaiges, which shall
not incluue those imposeu in the will.
To the net value of the heieuitaiy estate, shall be auueu the value of all uonations
by the testatoi that aie subject to collation, at the time he maue them. (818a)
Article 909. Bonations given to chiluien shall be chaigeu to theii legitime.
Bonations maue to stiangeis shall be chaigeu to that pait of the estate of which
the testatoi coulu have uisposeu by his last will.
Insofai as they may be inofficious oi may exceeu the uisposable poition, they
shall be ieuuceu accoiuing to the iules establisheu by this Coue. (819a)
Article 910. Bonations which an illegitimate chilu may have ieceiveu uuiing the
lifetime of his fathei oi mothei, shall be chaigeu to his legitime.
Shoulu they exceeu the poition that can be fieely uisposeu of, they shall be
ieuuceu in the mannei piesciibeu by this Coue. (847a)
Article 911. Aftei the legitime has been ueteimineu in accoiuance with the
thiee pieceuing aiticles, the ieuuction shall be maue as follows:
(1) Bonations shall be iespecteu as long as the legitime can be coveieu, ieuucing
oi annulling, if necessaiy, the uevises oi legacies maue in the will;
(2) The ieuuction of the uevises oi legacies shall be pio iata, without any
uistinction whatevei.
If the testatoi has uiiecteu that a ceitain uevise oi legacy be paiu in piefeience to
otheis, it shall not suffei any ieuuction until the lattei have been applieu in full
to the payment of the legitime.
(S) If the uevise oi legacy consists of a usufiuct oi life annuity, whose value may
be consiueieu gieatei than that of the uisposable poition, the compulsoiy heiis
may choose between complying with the testamentaiy piovision anu ueliveiing
to the uevisee oi legatee the pait of the inheiitance of which the testatoi coulu
fieely uispose. (82ua)
Article 912. If the uevise subject to ieuuction shoulu consist of ieal piopeity,
which cannot be conveniently uiviueu, it shall go to the uevisee if the ieuuction
uoes not absoib one-half of its value; anu in a contiaiy case, to the compulsoiy
heiis; but the foimei anu the lattei shall ieimbuise each othei in cash foi what
iespectively belongs to them.
The uevisee who is entitleu to a legitime may ietain the entiie piopeity,
pioviueu its value uoes not exceeu that of the uisposable poition anu of the shaie
peitaining to him as legitime. (821)
Article 913. If the heiis oi uevisees uo not choose to avail themselves of the
iight gianteu by the pieceuing aiticle, any heii oi uevisee who uiu not have such
iight may exeicise it; shoulu the lattei not make use of it, the piopeity shall be
solu at public auction at the instance of any one of the inteiesteu paities. (822)
Article 914. The testatoi may uevise anu bequeath the fiee poition as he may
ueem fit. (n)
SECTIUN
Disinberitance
Article 915. A compulsoiy heii may, in consequence of uisinheiitance, be
uepiiveu of his legitime, foi causes expiessly stateu by law. (848a)
Article 91. Bisinheiitance can be effecteu only thiough a will wheiein the legal
cause theiefoi shall be specifieu. (849)
Article 917. The buiuen of pioving the tiuth of the cause foi uisinheiitance shall
iest upon the othei heiis of the testatoi, if the uisinheiiteu heii shoulu ueny it.
(8Su)
Article 918. Bisinheiitance without a specification of the cause, oi foi a cause
the tiuth of which, if contiauicteu, is not pioveu, oi which is not one of those set
foith in this Coue, shall annul the institution of heiis insofai as it may piejuuice
the peison uisinheiiteu; but the uevises anu legacies anu othei testamentaiy
uispositions shall be valiu to such extent as will not impaii the legitime. (8S1a)
Article 919. The following shall be sufficient causes foi the uisinheiitance of
chiluien anu uescenuants, legitimate as well as illegitimate:
(1) When a chilu oi uescenuant has been founu guilty of an attempt against the
life of the testatoi, his oi hei spouse, uescenuants, oi ascenuants;
(2) When a chilu oi uescenuant has accuseu the testatoi of a ciime foi which the
law piesciibes impiisonment foi six yeais oi moie, if the accusation has been
founu giounuless;
(S) When a chilu oi uescenuant has been convicteu of auulteiy oi concubinage
with the spouse of the testatoi;
(4) When a chilu oi uescenuant by fiauu, violence, intimiuation, oi unuue
influence causes the testatoi to make a will oi to change one alieauy maue;
(S) A iefusal without justifiable cause to suppoit the paient oi ascenuant who
uisinheiits such chilu oi uescenuant;
(6) Naltieatment of the testatoi by woiu oi ueeu, by the chilu oi uescenuant;
(7) When a chilu oi uescenuant leaus a uishonoiable oi uisgiaceful life;
(8) Conviction of a ciime which caiiies with it the penalty of civil inteiuiction.
(7S6, 8SS, 674a)
Article 920. The following shall be sufficient causes foi the uisinheiitance of
paients oi ascenuants, whethei legitimate oi illegitimate:
(1) When the paients have abanuoneu theii chiluien oi inuuceu theii uaughteis
to live a coiiupt oi immoial life, oi attempteu against theii viitue;
(2) When the paient oi ascenuant has been convicteu of an attempt against the
life of the testatoi, his oi hei spouse, uescenuants, oi ascenuants;
(S) When the paient oi ascenuant has accuseu the testatoi of a ciime foi which
the law piesciibes impiisonment foi six yeais oi moie, if the accusation has been
founu to be false;
(4) When the paient oi ascenuant has been convicteu of auulteiy oi concubinage
with the spouse of the testatoi;
(S) When the paient oi ascenuant by fiauu, violence, intimiuation, oi unuue
influence causes the testatoi to make a will oi to change one alieauy maue;
(6) The loss of paiental authoiity foi causes specifieu in this Coue;
(7) The iefusal to suppoit the chiluien oi uescenuants without justifiable cause;
(8) An attempt by one of the paients against the life of the othei, unless theie has
been a ieconciliation between them. (7S6, 8S4, 674a)
Article 921. The following shall be sufficient causes foi uisinheiiting a spouse:
(1) When the spouse has been convicteu of an attempt against the life of the
testatoi, his oi hei uescenuants, oi ascenuants;
(2) When the spouse has accuseu the testatoi of a ciime foi which the law
piesciibes impiisonment of six yeais oi moie, anu the accusation has been founu
to be false;
(S) When the spouse by fiauu, violence, intimiuation, oi unuue influence cause
the testatoi to make a will oi to change one alieauy maue;
(4) When the spouse has given cause foi legal sepaiation;
(S) When the spouse has given giounus foi the loss of paiental authoiity;
(6) 0njustifiable iefusal to suppoit the chiluien oi the othei spouse. (7S6, 8SS,
674a)
Article 922. A subsequent ieconciliation between the offenuei anu the offenueu
peison uepiives the lattei of the iight to uisinheiit, anu ienueis ineffectual any
uisinheiitance that may have been maue. (8S6)
Article 923. The chiluien anu uescenuants of the peison uisinheiiteu shall take
his oi hei place anu shall pieseive the iights of compulsoiy heiis with iespect to
the legitime; but the uisinheiiteu paient shall not have the usufiuct oi
auministiation of the piopeity which constitutes the legitime. (8S7)
SECTIUN 7
Legacies and Devises
Article 924. All things anu iights which aie within the commeice of man be
bequeatheu oi ueviseu. (86Sa)
Article 925. A testatoi may chaige with legacies anu uevises not only his
compulsoiy heiis but also the legatees anu uevisees.
The lattei shall be liable foi the chaige only to the extent of the value of the
legacy oi the uevise ieceiveu by them. The compulsoiy heiis shall not be liable
foi the chaige beyonu the amount of the fiee poition given them. (8S8a)
Article 92. When the testatoi chaiges one of the heiis with a legacy oi uevise,
he alone shall be bounu.
Shoulu he not chaige anyone in paiticulai, all shall be liable in the same
piopoition in which they may inheiit. (8S9)
Article 927. If two oi moie heiis take possession of the estate, they shall be
soliuaiily liable foi the loss oi uestiuction of a thing ueviseu oi bequeatheu, even
though only one of them shoulu have been negligent. (n)
Article 928. The heii who is bounu to uelivei the legacy oi uevise shall be liable
in case of eviction, if the thing is inueteiminate anu is inuicateu only by its kinu.
(86u)
Article 929. If the testatoi, heii, oi legatee owns only a pait of, oi an inteiest in
the thing bequeatheu, the legacy oi uevise shall be unueistoou limiteu to such
pait oi inteiest, unless the testatoi expiessly ueclaies that he gives the thing in
its entiiety. (864a)
Article 930. The legacy oi uevise of a thing belonging to anothei peison is voiu,
if the testatoi eiioneously believeu that the thing peitaineu to him. But if the
thing bequeatheu, though not belonging to the testatoi when he maue the will,
afteiwaius becomes his, by whatevei title, the uisposition shall take effect.
(862a)
Article 931. If the testatoi oiueis that a thing belonging to anothei be acquiieu
in oiuei that it be given to a legatee oi uevisee, the heii upon whom the
obligation is imposeu oi the estate must acquiie it anu give the same to the
legatee oi uevisee; but if the ownei of the thing iefuses to alienate the same, oi
uemanus an excessive piice theiefoi, the heii oi the estate shall only be obligeu
to give the just value of the thing. (861a)
Article 932. The legacy oi uevise of a thing which at the time of the execution of
the will alieauy belongeu to the legatee oi uevisee shall be ineffective, even
though anothei peison may have some inteiest theiein.
If the testatoi expiessly oiueis that the thing be fieeu fiom such inteiest oi
encumbiance, the legacy oi uevise shall be valiu to that extent. (866a)
Article 933. If the thing bequeatheu belongeu to the legatee oi uevisee at the
time of the execution of the will, the legacy oi uevise shall be without effect, even
though it may have subsequently alienateu by him.
If the legatee oi uevisee acquiies it giatuitously aftei such time, he can claim
nothing by viitue of the legacy oi uevise; but if it has been acquiieu by oneious
title he can uemanu ieimbuisement fiom the heii oi the estate. (878a)
Article 934. If the testatoi shoulu bequeath oi uevise something pleugeu oi
moitgageu to secuie a iecoveiable uebt befoie the execution of the will, the
estate is obligeu to pay the uebt, unless the contiaiy intention appeais.
The same iule applies when the thing is pleugeu oi moitgageu aftei the
execution of the will.
Any othei chaige, peipetual oi tempoiaiy, with which the thing bequeatheu is
buiueneu, passes with it to the legatee oi uevisee. (867a)
Article 935. The legacy of a cieuit against a thiiu peison oi of the iemission oi
ielease of a uebt of the legatee shall be effective only as iegaius that pait of the
cieuit oi uebt existing at the time of the ueath of the testatoi.
In the fiist case, the estate shall comply with the legacy by assigning to the
legatee all iights of action it may have against the uebtoi. In the seconu case, by
giving the legatee an acquittance, shoulu he iequest one.
In both cases, the legacy shall compiise all inteiests on the cieuit oi uebt which
may be uue the testatoi at the time of his ueath. (87ua)
Article 93. The legacy iefeiieu to in the pieceuing aiticle shall lapse if the
testatoi, aftei having maue it, shoulu biing an action against the uebtoi foi the
payment of his uebt, even if such payment shoulu not have been effecteu at the
time of his ueath.
The legacy to the uebtoi of the thing pleugeu by him is unueistoou to uischaige
only the iight of pleuge. (871)
Article 937. A geneiic legacy of ielease oi iemission of uebts compiises those
existing at the time of the execution of the will, but not subsequent ones. (872)
Article 938. A legacy oi uevise maue to a cieuitoi shall not be applieu to his
cieuit, unless the testatoi so expiessly ueclaies.
In the lattei case, the cieuitoi shall have the iight to collect the excess, if any, of
the cieuit oi of the legacy oi uevise. (8S7a)
Article 939. If the testatoi oiueis the payment of what he believes he owes but
uoes not in fact owe, the uisposition shall be consiueieu as not wiitten. If as
iegaius a specifieu uebt moie than the amount theieof is oiueieu paiu, the
excess is not uue, unless a contiaiy intention appeais.
The foiegoing piovisions aie without piejuuice to the fulfillment of natuial
obligations. (n)
Article 940. In alteinative legacies oi uevises, the choice is piesumeu to be left
to the heii upon whom the obligation to give the legacy oi uevise may be
imposeu, oi the executoi oi auministiatoi of the estate if no paiticulai heii is so
obligeu.
If the heii, legatee oi uevisee, who may have been given the choice, uies befoie
making it, this iight shall pass to the iespective heiis.
0nce maue, the choice is iiievocable.
In the alteinative legacies oi uevises, except as heiein pioviueu, the piovisions of
this Coue iegulating obligations of the same kinu shall be obseiveu, save such
mouifications as may appeai fiom the intention expiesseu by the testatoi.
(874a)
Article 941. A legacy of geneiic peisonal piopeity shall be valiu even if theie be
no things of the same kinu in the estate.
A uevise of inueteiminate ieal piopeity shall be valiu only if theie be immovable
piopeity of its kinu in the estate.
The iight of choice shall belong to the executoi oi auministiatoi who shall
comply with the legacy by the ueliveiy of a thing which is neithei of infeiioi noi
of supeiioi quality. (87Sa)
Article 942. Whenevei the testatoi expiessly leaves the iight of choice to the
heii, oi to the legatee oi uevisee, the foimei may give oi the lattei may choose
whichevei he may piefei. (876a)
Article 943. If the heii, legatee oi uevisee cannot make the choice, in case it has
been gianteu him, his iight shall pass to his heiis; but a choice once maue shall
be iiievocable. (877a)
Article 944. A legacy foi euucation lasts until the legatee is of age, oi beyonu the
age of majoiity in oiuei that the legatee may finish some piofessional, vocational
oi geneial couise, pioviueu he puisues his couise uiligently.
A legacy foi suppoit lasts uuiing the lifetime of the legatee, if the testatoi has not
otheiwise pioviueu.
If the testatoi has not fixeu the amount of such legacies, it shall be fixeu in
accoiuance with the social stanuing anu the ciicumstances of the legatee anu the
value of the estate.
If the testatoi oi uuiing his lifetime useu to give the legatee a ceitain sum of
money oi othei things by way of suppoit, the same amount shall be ueemeu
bequeatheu, unless it be maikeuly uispiopoitionate to the value of the estate.
(879a)
Article 945. If a peiiouical pension, oi a ceitain annual, monthly, oi weekly
amount is bequeatheu, the legatee may petition the couit foi the fiist installment
upon the ueath of the testatoi, anu foi the following ones which shall be uue at
the beginning of each peiiou; such payment shall not be ietuineu, even though
the legatee shoulu uie befoie the expiiation of the peiiou which has commenceu.
(88ua)
Article 94. If the thing bequeatheu shoulu be subject to a usufiuct, the legatee
oi uevisee shall iespect such iight until it is legally extinguisheu. (868a)
Article 947. The legatee oi uevisee acquiies a iight to the puie anu simple
legacies oi uevises fiom the ueath of the testatoi, anu tiansmits it to his heiis.
(881a)
Article 948. If the legacy oi uevise is of a specific anu ueteiminate thing
peitaining to the testatoi, the legatee oi uevisee acquiies the owneiship theieof
upon the ueath of the testatoi, as well as any giowing fiuits, oi unboin offspiing
of animals, oi uncollecteu income; but not the income which was uue anu unpaiu
befoie the lattei's ueath.
Fiom the moment of the testatoi's ueath, the thing bequeatheu shall be at the
iisk of the legatee oi uevisee, who shall, theiefoie, beai its loss oi ueteiioiation,
anu shall be benefiteu by its inciease oi impiovement, without piejuuice to the
iesponsibility of the executoi oi auministiatoi. (882a)
Article 949. If the bequest shoulu not be of a specific anu ueteiminate thing, but
is geneiic oi of quantity, its fiuits anu inteiests fiom the time of the ueath of the
testatoi shall peitain to the legatee oi uevisee if the testatoi has expiessly so
oiueieu. (884a)
Article 950. If the estate shoulu not be sufficient to covei all the legacies oi
uevises, theii payment shall be maue in the following oiuei:
(1) Remuneiatoiy legacies oi uevises;
(2) Legacies oi uevises ueclaieu by the testatoi to be piefeiential;
(S) Legacies foi suppoit;
(4) Legacies foi euucation;
(S) Legacies oi uevises of a specific, ueteiminate thing which foims a pait of the
estate;
(6) All otheis pio iata. (887a)
Article 951. The thing bequeatheu shall be ueliveieu with all its accessoiies anu
accessoiies anu in the conuition in which it may be upon the ueath of the
testatoi. (88Sa)
Article 952. The heii, chaigeu with a legacy oi uevise, oi the executoi oi
auministiatoi of the estate, must uelivei the veiy thing bequeatheu if he is able
to uo so anu cannot uischaige this obligation by paying its value.
Legacies of money must be paiu in cash, even though the heii oi the estate may
not have any.
The expenses necessaiy foi the ueliveiy of the thing bequeatheu shall be foi the
account of the heii oi the estate, but without piejuuice to the legitime. (886a)
Article 953. The legatee oi uevisee cannot take possession of the thing
bequeatheu upon his own authoiity, but shall iequest its ueliveiy anu possession
of the heii chaigeu with the legacy oi uevise, oi of the executoi oi auministiatoi
of the estate shoulu he be authoiizeu by the couit to uelivei it. (88Sa)
Article 954. The legatee oi uevisee cannot accept a pait of the legacy oi uevise
anu iepuuiate the othei, if the lattei be oneious.
Shoulu he uie befoie having accepteu the legacy oi uevise, leaving seveial heiis,
some of the lattei may accept anu the otheis may iepuuiate the shaie
iespectively belonging to them in the legacy oi uevise. (889a)
Article 955. The legatee oi uevisee of two legacies oi uevises, one of which is
oneious, cannot ienounce the oneious one anu accept the othei. If both aie
oneious oi giatuitous, he shall be fiee to accept oi ienounce both, oi to ienounce
eithei. But if the testatoi intenueu that the two legacies oi uevises shoulu be
insepaiable fiom each othei, the legatee oi uevisee must eithei accept oi
ienounce both.
Any compulsoiy heii who is at the same time a legatee oi uevisee may waive the
inheiitance anu accept the legacy oi uevise, oi ienounce the lattei anu accept the
foimei, oi waive oi accept both. (89ua)
Article 95. If the legatee oi uevisee cannot oi is unwilling to accept the legacy
oi uevise, oi if the legacy oi uevise foi any ieason shoulu become ineffective, it
shall be meigeu into the mass of the estate, except in cases of substitution anu of
the iight of accietion. (888a)
Article 957. The legacy oi uevise shall be without effect:
(1) If the testatoi tiansfoims the thing bequeatheu in such a mannei that it uoes
not ietain eithei the foim oi the uenomination it hau;
(2) If the testatoi by any title oi foi any cause alienates the thing bequeatheu oi
any pait theieof, it being unueistoou that in the lattei case the legacy oi uevise
shall be without effect only with iespect to the pait thus alienateu. If aftei the
alienation the thing shoulu again belong to the testatoi, even if it be by ieason of
nullity of the contiact, the legacy oi uevise shall not theieaftei be valiu, unless
the ieacquisition shall have been effecteu by viitue of the exeicise of the iight of
iepuichase;
(S) If the thing bequeatheu is totally lost uuiing the lifetime of the testatoi, oi
aftei his ueath without the heii's fault. Neveitheless, the peison obligeu to pay
the legacy oi uevise shall be liable foi eviction if the thing bequeatheu shoulu not
have been ueteiminate as to its kinu, in accoiuance with the piovisions of aiticle
928. (869a)
Article 958. A mistake as to the name of the thing bequeatheu oi ueviseu, is of
no consequence, if it is possible to iuentify the thing which the testatoi intenueu
to bequeath oi uevise. (n)
Article 959. A uisposition maue in geneial teims in favoi of the testatoi's
ielatives shall be unueistoou to be in favoi of those neaiest in uegiee. (7S1)
CHAPTER 3
Legal or Intestate Succession
SECTIUN 1
Ceneral Provisions
Article 90. Legal oi intestate succession takes place:
(1) If a peison uies without a will, oi with a voiu will, oi one which has
subsequently lost its valiuity;
(2) When the will uoes not institute an heii to, oi uispose of all the piopeity
belonging to the testatoi. In such case, legal succession shall take place only with
iespect to the piopeity of which the testatoi has not uisposeu;
(S) If the suspensive conuition attacheu to the institution of heii uoes not happen
oi is not fulfilleu, oi if the heii uies befoie the testatoi, oi iepuuiates the
inheiitance, theie being no substitution, anu no iight of accietion takes place;
(4) When the heii instituteu is incapable of succeeuing, except in cases pioviueu
in this Coue. (912a)
Article 91. In uefault of testamentaiy heiis, the law vests the inheiitance, in
accoiuance with the iules heieinaftei set foith, in the legitimate anu illegitimate
ielatives of the ueceaseu, in the suiviving spouse, anu in the State. (91Sa)
Article 92. In eveiy inheiitance, the ielative neaiest in uegiee excluues the
moie uistant ones, saving the iight of iepiesentation when it piopeily takes
place.
Relatives in the same uegiee shall inheiit in equal shaies, subject to the
piovisions of aiticle 1uu6 with iespect to ielatives of the full anu half bloou, anu
of aiticle 987, paiagiaph 2, conceining uivision between the pateinal anu
mateinal lines. (912a)
SUBSECTIUN 1. Relationsbip
Article 93. Pioximity of ielationship is ueteimineu by the numbei of
geneiations. Each geneiation foims a uegiee. (91S)
Article 94. A seiies of uegiees foims a line, which may be eithei uiiect oi
collateial.
A uiiect line is that constituteu by the seiies of uegiees among ascenuants anu
uescenuants.
A collateial line is that constituteu by the seiies of uegiees among peisons who
aie not ascenuants anu uescenuants, but who come fiom a common ancestoi.
(916a)
Article 95. The uiiect line is eithei uescenuing oi ascenuing.
The foimei unites the heau of the family with those who uescenu fiom him.
The lattei binus a peison with those fiom whom he uescenus. (917)
Article 9. In the line, as many uegiees aie counteu as theie aie geneiations oi
peisons, excluuing the piogenitoi.
In the uiiect line, ascent is maue to the common ancestoi. Thus, the chilu is one
uegiee iemoveu fiom the paient, two fiom the gianufathei, anu thiee fiom the
gieat-gianupaient.
In the collateial line, ascent is maue to the common ancestoi anu then uescent is
maue to the peison with whom the computation is to be maue. Thus, a peison is
two uegiees iemoveu fiom his biothei, thiee fiom his uncle, who is the biothei
of his fathei, foui fiom his fiist cousin, anu so foith. (918a)
Article 97. Full bloou ielationship is that existing between peisons who have
the same fathei anu the same mothei.
Balf bloou ielationship is that existing between peisons who have the same
fathei, but not the same mothei, oi the same mothei, but not the same fathei.
(92ua)
Article 98. If theie aie seveial ielatives of the same uegiee, anu one oi some of
them aie unwilling oi incapacitateu to succeeu, his poition shall acciue to the
otheis of the same uegiee, save the iight of iepiesentation when it shoulu take
place. (922)
Article 99. If the inheiitance shoulu be iepuuiateu by the neaiest ielative,
shoulu theie be one only, oi by all the neaiest ielatives calleu by law to succeeu,
shoulu theie be seveial, those of the following uegiee shall inheiit in theii own
iight anu cannot iepiesent the peison oi peisons iepuuiating the inheiitance.
(92S)
SUBSECTIUN 2. Rigbt of Representation
Article 970. Repiesentation is a iight cieateu by fiction of law, by viitue of
which the iepiesentative is iaiseu to the place anu the uegiee of the peison
iepiesenteu, anu acquiies the iights which the lattei woulu have if he weie
living oi if he coulu have inheiiteu. (942a)
Article 971. The iepiesentative is calleu to the succession by the law anu not by
the peison iepiesenteu. The iepiesentative uoes not succeeu the peison
iepiesenteu but the one whom the peison iepiesenteu woulu have succeeueu.
(n)
Article 972. The iight of iepiesentation takes place in the uiiect uescenuing line,
but nevei in the ascenuing.
In the collateial line, it takes place only in favoi of the chiluien of biotheis oi
sisteis, whethei they be of the full oi half bloou. (92S)
Article 973. In oiuei that iepiesentation may take place, it is necessaiy that the
iepiesentative himself be capable of succeeuing the ueceuent. (n)
Article 974. Whenevei theie is succession by iepiesentation, the uivision of the
estate shall be maue pei stiipes, in such mannei that the iepiesentative oi
iepiesentatives shall not inheiit moie than what the peison they iepiesent
woulu inheiit, if he weie living oi coulu inheiit. (926a)
Article 975. When chiluien of one oi moie biotheis oi sisteis of the ueceaseu
suivive, they shall inheiit fiom the lattei by iepiesentation, if they suivive with
theii uncles oi aunts. But if they alone suivive, they shall inheiit in equal
poitions. (927)
Article 97. A peison may iepiesent him whose inheiitance he has ienounceu.
(928a)
Article 977. Beiis who iepuuiate theii shaie may not be iepiesenteu. (929a)
SECTIUN 2
Urder of Intestate Succession
SUBSECTIUN 1. Descending Direct Line
Article 978. Succession peitains, in the fiist place, to the uescenuing uiiect line.
(9Su)
Article 979. Legitimate chiluien anu theii uescenuants succeeu the paients anu
othei ascenuants, without uistinction as to sex oi age, anu even if they shoulu
come fiom uiffeient maiiiages.
An auopteu chilu succeeus to the piopeity of the auopting paients in the same
mannei as a legitimate chilu. (9S1a)
Article 980. The chiluien of the ueceaseu shall always inheiit fiom him in theii
own iight, uiviuing the inheiitance in equal shaies. (9S2)
Article 981. Shoulu chiluien of the ueceaseu anu uescenuants of othei chiluien
who aie ueau, suivive, the foimei shall inheiit in theii own iight, anu the lattei
by iight of iepiesentation. (9S4a)
Article 982. The gianuchiluien anu othei uescenuants shall inheiit by iight of
iepiesentation, anu if any one of them shoulu have uieu, leaving seveial heiis,
the poition peitaining to him shall be uiviueu among the lattei in equal poitions.
(9SS)
Article 983. If illegitimate chiluien suivive with legitimate chiluien, the shaies
of the foimei shall be in the piopoitions piesciibeu by aiticle 89S. (n)
Article 984. In case of the ueath of an auopteu chilu, leaving no chiluien oi
uescenuants, his paients anu ielatives by consanguinity anu not by auoption,
shall be his legal heiis. (n)
S0BSECTI0N 2. Ascenuing Biiect Line
Article 985. In uefault of legitimate chiluien anu uescenuants of the ueceaseu,
his paients anu ascenuants shall inheiit fiom him, to the exclusion of collateial
ielatives. (9SSa)
Article 98. The fathei anu mothei, if living, shall inheiit in equal shaies.
Shoulu one only of them suivive, he oi she shall succeeu to the entiie estate of
the chilu. (9S6)
Article 987. In uefault of the fathei anu mothei, the ascenuants neaiest in
uegiee shall inheiit.
Shoulu theie be moie than one of equal uegiee belonging to the same line they
shall uiviue the inheiitance pei capita; shoulu they be of uiffeient lines but of
equal uegiee, one-half shall go to the pateinal anu the othei half to the mateinal
ascenuants. In each line the uivision shall be maue pei capita. (9S7)
SUBSECTIUN 3. Illegitimate Cbildren
Article 988. In the absence of legitimate uescenuants oi ascenuants, the
illegitimate chiluien shall succeeu to the entiie estate of the ueceaseu. (9S9a)
Article 989. If, togethei with illegitimate chiluien, theie shoulu suivive
uescenuants of anothei illegitimate chilu who is ueau, the foimei shall succeeu in
theii own iight anu the lattei by iight of iepiesentation. (94ua)
Article 990. The heieuitaiy iights gianteu by the two pieceuing aiticles to
illegitimate chiluien shall be tiansmitteu upon theii ueath to theii uescenuants,
who shall inheiit by iight of iepiesentation fiom theii ueceaseu gianupaient.
(941a)
Article 991. If legitimate ascenuants aie left, the illegitimate chiluien shall
uiviue the inheiitance with them, taking one-half of the estate, whatevei be the
numbei of the ascenuants oi of the illegitimate chiluien. (942, 841a)
Article 992. An illegitimate chilu has no iight to inheiit ab intestato fiom the
legitimate chiluien anu ielatives of his fathei oi mothei; noi shall such chiluien
oi ielatives inheiit in the same mannei fiom the illegitimate chilu. (94Sa)
Article 993. If an illegitimate chilu shoulu uie without issue, eithei legitimate oi
illegitimate, his fathei oi mothei shall succeeu to his entiie estate; anu if the
chilu's filiation is uuly pioveu as to both paients, who aie both living, they shall
inheiit fiom him shaie anu shaie alike. (944a)
Article 994. In uefault of the fathei oi mothei, an illegitimate chilu shall be
succeeueu by his oi hei suiviving spouse who shall be entitleu to the entiie
estate.
If the wiuow oi wiuowei shoulu suivive with biotheis anu sisteis, nephews anu
nieces, she oi he shall inheiit one-half of the estate, anu the lattei the othei half.
(94Sa)
SUBSECTIUN 4. Surviving Spouse
Article 995. In the absence of legitimate uescenuants anu ascenuants, anu
illegitimate chiluien anu theii uescenuants, whethei legitimate oi illegitimate,
the suiviving spouse shall inheiit the entiie estate, without piejuuice to the
iights of biotheis anu sisteis, nephews anu nieces, shoulu theie be any, unuei
aiticle 1uu1. (946a)
Article 99. If a wiuow oi wiuowei anu legitimate chiluien oi uescenuants aie
left, the suiviving spouse has in the succession the same shaie as that of each of
the chiluien. (8S4a)
Article 997. When the wiuow oi wiuowei suivives with legitimate paients oi
ascenuants, the suiviving spouse shall be entitleu to one-half of the estate, anu
the legitimate paients oi ascenuants to the othei half. (8S6a)
Article 998. If a wiuow oi wiuowei suivives with illegitimate chiluien, such
wiuow oi wiuowei shall be entitleu to one-half of the inheiitance, anu the
illegitimate chiluien oi theii uescenuants, whethei legitimate oi illegitimate, to
the othei half. (n)
Article 999. When the wiuow oi wiuowei suivives with legitimate chiluien oi
theii uescenuants anu illegitimate chiluien oi theii uescenuants, whethei
legitimate oi illegitimate, such wiuow oi wiuowei shall be entitleu to the same
shaie as that of a legitimate chilu. (n)
Article 1000. If legitimate ascenuants, the suiviving spouse, anu illegitimate
chiluien aie left, the ascenuants shall be entitleu to one-half of the inheiitance,
anu the othei half shall be uiviueu between the suiviving spouse anu the
illegitimate chiluien so that such wiuow oi wiuowei shall have one-fouith of the
estate, anu the illegitimate chiluien the othei fouith. (841a)
Article 1001. Shoulu biotheis anu sisteis oi theii chiluien suivive with the
wiuow oi wiuowei, the lattei shall be entitleu to one-half of the inheiitance anu
the biotheis anu sisteis oi theii chiluien to the othei half. (9SS, 8S7a)
Article 1002. In case of a legal sepaiation, if the suiviving spouse gave cause foi
the sepaiation, he oi she shall not have any of the iights gianteu in the pieceuing
aiticles. (n)
SUBSECTIUN 5. Collateral Relatives
Article 1003. If theie aie no uescenuants, ascenuants, illegitimate chiluien, oi a
suiviving spouse, the collateial ielatives shall succeeu to the entiie estate of the
ueceaseu in accoiuance with the following aiticles. (946a)
Article 1004. Shoulu the only suivivois be biotheis anu sisteis of the full bloou,
they shall inheiit in equal shaies. (947)
Article 1005. Shoulu biotheis anu sisteis suivive togethei with nephews anu
nieces, who aie the chiluien of the uescenuant's biotheis anu sisteis of the full
bloou, the foimei shall inheiit pei capita, anu the lattei pei stiipes. (948)
Article 100. Shoulu biothei anu sisteis of the full bloou suivive togethei with
biotheis anu sisteis of the half bloou, the foimei shall be entitleu to a shaie
uouble that of the lattei. (949)
Article 1007. In case biotheis anu sisteis of the half bloou, some on the fathei's
anu some on the mothei's siue, aie the only suivivois, all shall inheiit in equal
shaies without uistinction as to the oiigin of the piopeity. (9Su)
Article 1008. Chiluien of biotheis anu sisteis of the half bloou shall succeeu pei
capita oi pei stiipes, in accoiuance with the iules laiu uown foi biotheis anu
sisteis of the full bloou. (91S)
Article 1009. Shoulu theie be neithei biotheis noi sisteis noi chiluien of
biotheis oi sisteis, the othei collateial ielatives shall succeeu to the estate.
The lattei shall succeeu without uistinction of lines oi piefeience among them by
ieason of ielationship by the whole bloou. (9S4a)
Article 1010. The iight to inheiit ab intestato shall not extenu beyonu the fifth
uegiee of ielationship in the collateial line. (9SSa)
SUBSECTIUN . Tbe State
Article 1011. In uefault of peisons entitleu to succeeu in accoiuance with the
piovisions of the pieceuing Sections, the State shall inheiit the whole estate.
(9S6a)
Article 1012. In oiuei that the State may take possession of the piopeity
mentioneu in the pieceuing aiticle, the peitinent piovisions of the Rules of Couit
must be obseiveu. (9S8a)
Article 1013. Aftei the payment of uebts anu chaiges, the peisonal piopeity
shall be assigneu to the municipality oi city wheie the ueceaseu last iesiueu in
the Philippines, anu the ieal estate to the municipalities oi cities, iespectively, in
which the same is situateu.
If the ueceaseu nevei iesiueu in the Philippines, the whole estate shall be
assigneu to the iespective municipalities oi cities wheie the same is locateu.
Such estate shall be foi the benefit of public schools, anu public chaiitable
institutions anu centeis, in such municipalities oi cities. The couit shall
uistiibute the estate as the iespective neeus of each beneficiaiy may waiiant.
The couit, at the instance of an inteiesteu paity, oi on its own motion, may oiuei
the establishment of a peimanent tiust, so that only the income fiom the
piopeity shall be useu. (9S6a)
Article 1014. If a peison legally entitleu to the estate of the ueceaseu appeais
anu files a claim theieto with the couit within five yeais fiom the uate the
piopeity was ueliveieu to the State, such peison shall be entitleu to the
possession of the same, oi if solu, the municipality oi city shall be accountable to
him foi such pait of the pioceeus as may not have been lawfully spent. (n)
CHAPTER 4
Provisions Common to Testate and Intestate Successions
SECTIUN 1
Rigbt of Accretion
Article 1015. Accietion is a iight by viitue of which, when two oi moie peisons
aie calleu to the same inheiitance, uevise oi legacy, the pait assigneu to the one
who ienounces oi cannot ieceive his shaie, oi who uieu befoie the testatoi, is
auueu oi incoipoiateu to that of his co-heiis, co-uevisees, oi co-legatees. (n)
Article 101. In oiuei that the iight of accietion may take place in a
testamentaiy succession, it shall be necessaiy:
(1) That two oi moie peisons be calleu to the same inheiitance, oi to the same
poition theieof, pio inuiviso; anu
(2) That one of the peisons thus calleu uie befoie the testatoi, oi ienounce the
inheiitance, oi be incapacitateu to ieceive it. (928a)
Article 1017. The woius "one-half foi each" oi "in equal shaies" oi any otheis
which, though uesignating an aliquot pait, uo not iuentify it by such uesciiption
as shall make each heii the exclusive ownei of ueteiminate piopeity, shall not
excluue the iight of accietion.
In case of money oi fungible goous, if the shaie of each heii is not eaimaikeu,
theie shall be a iight of accietion. (98Sa)
Article 1018. In legal succession the shaie of the peison who iepuuiates the
inheiitance shall always acciue to his co-heiis. (981)
Article 1019. The heiis to whom the poition goes by the iight of accietion take
it in the same piopoition that they inheiit. (n)
Article 1020. The heiis to whom the inheiitance acciues shall succeeu to all the
iights anu obligations which the heii who ienounceu oi coulu not ieceive it
woulu have hau. (984)
Article 1021. Among the compulsoiy heiis the iight of accietion shall take place
only when the fiee poition is left to two oi moie of them, oi to any one of them
anu to a stiangei.
Shoulu the pait iepuuiateu be the legitime, the othei co-heiis shall succeeu to it
in theii own iight, anu not by the iight of accietion. (98S)
Article 1022. In testamentaiy succession, when the iight of accietion uoes not
take place, the vacant poition of the instituteu heiis, if no substitute has been
uesignateu, shall pass to the legal heiis of the testatoi, who shall ieceive it with
the same chaiges anu obligations. (986)
Article 1023. Accietion shall also take place among uevisees, legatees anu
usufiuctuaiies unuei the same conuitions establisheu foi heiis. (987a)
SECTIUN 2
Capacity to Succeed by Will or by Intestacy
Article 1024. Peisons not incapacitateu by law may succeeu by will oi ab
intestato.
The piovisions ielating to incapacity by will aie equally applicable to intestate
succession. (744, 914)
Article 1025. In oiuei to be capacitateu to inheiit, the heii, uevisee oi legatee
must be living at the moment the succession opens, except in case of
iepiesentation, when it is piopei.
A chilu alieauy conceiveu at the time of the ueath of the ueceuent is capable of
succeeuing pioviueu it be boin latei unuei the conuitions piesciibeu in aiticle
41. (n)
Article 102. A testamentaiy uisposition may be maue to the State, piovinces,
municipal coipoiations, piivate coipoiations, oiganizations, oi associations foi
ieligious, scientific, cultuial, euucational, oi chaiitable puiposes.
All othei coipoiations oi entities may succeeu unuei a will, unless theie is a
piovision to the contiaiy in theii chaitei oi the laws of theii cieation, anu
always subject to the same. (746a)
Article 1027. The following aie incapable of succeeuing:
(1) The piiest who heaiu the confession of the testatoi uuiing his last illness, oi
the ministei of the gospel who extenueu spiiitual aiu to him uuiing the same
peiiou;
(2) The ielatives of such piiest oi ministei of the gospel within the fouith uegiee,
the chuich, oiuei, chaptei, community, oiganization, oi institution to which such
piiest oi ministei may belong;
(S) A guaiuian with iespect to testamentaiy uispositions given by a waiu in his
favoi befoie the final accounts of the guaiuianship have been appioveu, even if
the testatoi shoulu uie aftei the appioval theieof; neveitheless, any piovision
maue by the waiu in favoi of the guaiuian when the lattei is his ascenuant,
uescenuant, biothei, sistei, oi spouse, shall be valiu;
(4) Any attesting witness to the execution of a will, the spouse, paients, oi
chiluien, oi any one claiming unuei such witness, spouse, paients, oi chiluien;
(S) Any physician, suigeon, nuise, health officei oi uiuggist who took caie of the
testatoi uuiing his last illness;
(6) Inuiviuuals, associations anu coipoiations not peimitteu by law to inheiit.
(74S, 7S2, 7SS, 7S4a)
Article 1028. The piohibitions mentioneu in aiticle 7S9, conceining uonations
intei vivos shall apply to testamentaiy piovisions. (n)
Article 1029. Shoulu the testatoi uispose of the whole oi pait of his piopeity foi
piayeis anu pious woiks foi the benefit of his soul, in geneial teims anu without
specifying its application, the executoi, with the couit's appioval shall uelivei
one-half theieof oi its pioceeus to the chuich oi uenomination to which the
testatoi may belong, to be useu foi such piayeis anu pious woiks, anu the othei
half to the State, foi the puiposes mentioneu in aiticle 1u1S. (747a)
Article 1030. Testamentaiy piovisions in favoi of the pooi in geneial, without
uesignation of paiticulai peisons oi of any community, shall be ueemeu limiteu
to the pooi living in the uomicile of the testatoi at the time of his ueath, unless it
shoulu cleaily appeai that his intention was otheiwise.
The uesignation of the peisons who aie to be consiueieu as pooi anu the
uistiibution of the piopeity shall be maue by the peison appointeu by the
testatoi foi the puipose; in uefault of such peison, by the executoi, anu shoulu
theie be no executoi, by the justice of the peace, the mayoi, anu the municipal
tieasuiei, who shall ueciue by a majoiity of votes all questions that may aiise. In
all these cases, the appioval of the Couit of Fiist Instance shall be necessaiy.
The pieceuing paiagiaph shall apply when the testatoi has uisposeu of his
piopeity in favoi of the pooi of a uefinite locality. (749a)
Article 1031. A testamentaiy piovision in favoi of a uisqualifieu peison, even
though maue unuei the guise of an oneious contiact, oi maue thiough an
inteimeuiaiy, shall be voiu. (7SS)
Article 1032. The following aie incapable of succeeuing by ieason of
unwoithiness:
(1) Paients who have abanuoneu theii chiluien oi inuuceu theii uaughteis to
leau a coiiupt oi immoial life, oi attempteu against theii viitue;
(2) Any peison who has been convicteu of an attempt against the life of the
testatoi, his oi hei spouse, uescenuants, oi ascenuants;
(S) Any peison who has accuseu the testatoi of a ciime foi which the law
piesciibes impiisonment foi six yeais oi moie, if the accusation has been founu
giounuless;
(4) Any heii of full age who, having knowleuge of the violent ueath of the
testatoi, shoulu fail to iepoit it to an officei of the law within a month, unless the
authoiities have alieauy taken action; this piohibition shall not apply to cases
wheiein, accoiuing to law, theie is no obligation to make an accusation;
(S) Any peison convicteu of auulteiy oi concubinage with the spouse of the
testatoi;
(6) Any peison who by fiauu, violence, intimiuation, oi unuue influence shoulu
cause the testatoi to make a will oi to change one alieauy maue;
(7) Any peison who by the same means pievents anothei fiom making a will, oi
fiom ievoking one alieauy maue, oi who supplants, conceals, oi alteis the
lattei's will;
(8) Any peison who falsifies oi foiges a supposeu will of the ueceuent. (7S6, 67S,
674a)
Article 1033. The cause of unwoithiness shall be without effect if the testatoi
hau knowleuge theieof at the time he maue the will, oi if, having known of them
subsequently, he shoulu conuone them in wiiting. (7S7a)
Article 1034. In oiuei to juuge the capacity of the heii, uevisee oi legatee, his
qualification at the time of the ueath of the ueceuent shall be the ciiteiion.
In cases falling unuei Nos. 2, S, oi S of aiticle 1uS2, it shall be necessaiy to wait
until final juugment is ienueieu, anu in the case falling unuei No. 4, the
expiiation of the month alloweu foi the iepoit.
If the institution, uevise oi legacy shoulu be conuitional, the time of the
compliance with the conuition shall also be consiueieu. (7S8a)
Article 1035. If the peison excluueu fiom the inheiitance by ieason of
incapacity shoulu be a chilu oi uescenuant of the ueceuent anu shoulu have
chiluien oi uescenuants, the lattei shall acquiie his iight to the legitime.
The peison so excluueu shall not enjoy the usufiuct anu auministiation of the
piopeity thus inheiiteu by his chiluien. (761a)
Article 103. Alienations of heieuitaiy piopeity, anu acts of auministiation
peifoimeu by the excluueu heii, befoie the juuicial oiuei of exclusion, aie valiu
as to the thiiu peisons who acteu in goou faith; but the co-heiis shall have a iight
to iecovei uamages fiom the uisqualifieu heii. (n)
Article 1037. The unwoithy heii who is excluueu fiom the succession has a
iight to uemanu inuemnity oi any expenses incuiieu in the pieseivation of the
heieuitaiy piopeity, anu to enfoice such cieuits as he may have against the
estate. (n)
Article 1038. Any peison incapable of succession, who, uisiegaiuing the
piohibition stateu in the pieceuing aiticles, enteieu into the possession of the
heieuitaiy piopeity, shall be obligeu to ietuin it togethei it its accessions.
Be shall be liable foi all the fiuits anu ients he may have ieceiveu, oi coulu have
ieceiveu thiough the exeicise of uue uiligence. (76ua)
Article 1039. Capacity to succeeu is goveineu by the law of the nation of the
ueceuent. (n)
Article 1040. The action foi a ueclaiation of incapacity anu foi the iecoveiy of
the inheiitance, uevise oi legacy shall be biought within five yeais fiom the time
the uisqualifieu peison took possession theieof. It may be biought by any one
who may have an inteiest in the succession. (762a)
SECTIUN 3
Acceptance and Repudiation of tbe Inberitance
Article 1041. The acceptance oi iepuuiation of the inheiitance is an act which is
puiely voluntaiy anu fiee. (988)
Article 1042. The effects of the acceptance oi iepuuiation shall always ietioact
to the moment of the ueath of the ueceuent. (989)
Article 1043. No peison may accept oi iepuuiate an inheiitance unless he is
ceitain of the ueath of the peison fiom whom he is to inheiit, anu of his iight to
the inheiitance. (991)
Article 1044. Any peison having the fiee uisposal of his piopeity may accept oi
iepuuiate an inheiitance.
Any inheiitance left to minois oi incapacitateu peisons may be accepteu by theii
paients oi guaiuians. Paients oi guaiuians may iepuuiate the inheiitance left to
theii waius only by juuicial authoiization.
The iight to accept an inheiitance left to the pooi shall belong to the peisons
uesignateu by the testatoi to ueteimine the beneficiaiies anu uistiibute the
piopeity, oi in theii uefault, to those mentioneu in aiticle 1uSu. (992a)
Article 1045. The lawful iepiesentatives of coipoiations, associations,
institutions anu entities qualifieu to acquiie piopeity may accept any inheiitance
left to the lattei, but in oiuei to iepuuiate it, the appioval of the couit shall be
necessaiy. (99Sa)
Article 104. Public official establishments can neithei accept noi iepuuiate an
inheiitance without the appioval of the goveinment. (994)
Article 1047. A maiiieu woman of age may iepuuiate an inheiitance without the
consent of hei husbanu. (99Sa)
Article 1048. Beaf-mutes who can ieau anu wiite may accept oi iepuuiate the
inheiitance peisonally oi thiough an agent. Shoulu they not be able to ieau anu
wiite, the inheiitance shall be accepteu by theii guaiuians. These guaiuians may
iepuuiate the same with juuicial appioval. (996a)
Article 1049. Acceptance may be expiess oi tacit.
An expiess acceptance must be maue in a public oi piivate uocument.
A tacit acceptance is one iesulting fiom acts by which the intention to accept is
necessaiily implieu, oi which one woulu have no iight to uo except in the
capacity of an heii.
Acts of meie pieseivation oi piovisional auministiation uo not imply an
acceptance of the inheiitance if, thiough such acts, the title oi capacity of an heii
has not been assumeu. (999a)
Article 1050. An inheiitance is ueemeu accepteu:
(1) If the heiis sells, uonates, oi assigns his iight to a stiangei, oi to his co-heiis,
oi to any of them;
(2) If the heii ienounces the same, even though giatuitously, foi the benefit of
one oi moie of his co-heiis;
(S) If he ienounces it foi a piice in favoi of all his co-heiis inuisciiminately; but if
this ienunciation shoulu be giatuitous, anu the co-heiis in whose favoi it is maue
aie those upon whom the poition ienounceu shoulu uevolve by viitue of
accietion, the inheiitance shall not be ueemeu as accepteu. (1uuu)
Article 1051. The iepuuiation of an inheiitance shall be maue in a public oi
authentic instiument, oi by petition piesenteu to the couit having juiisuiction
ovei the testamentaiy oi intestate pioceeuings. (1uu8)
Article 1052. If the heii iepuuiates the inheiitance to the piejuuice of his own
cieuitois, the lattei may petition the couit to authoiize them to accept it in the
name of the heii.
The acceptance shall benefit the cieuitois only to an extent sufficient to covei the
amount of theii cieuits. The excess, shoulu theie be any, shall in no case peitain
to the ienouncei, but shall be aujuuicateu to the peisons to whom, in accoiuance
with the iules establisheu in this Coue, it may belong. (1uu1)
Article 1053. If the heii shoulu uie without having accepteu oi iepuuiateu the
inheiitance his iight shall be tiansmitteu to his heiis. (1uu6)
Article 1054. Shoulu theie be seveial heiis calleu to the inheiitance, some of
them may accept anu the otheis may iepuuiate it. (1uu7a)
Article 1055. If a peison, who is calleu to the same inheiitance as an heii by will
anu ab intestato, iepuuiates the inheiitance in his capacity as a testamentaiy
heii, he is unueistoou to have iepuuiateu it in both capacities.
Shoulu he iepuuiate it as an intestate heii, without knowleuge of his being a
testamentaiy heii, he may still accept it in the lattei capacity. (1uu9)
Article 105. The acceptance oi iepuuiation of an inheiitance, once maue, is
iiievocable, anu cannot be impugneu, except when it was maue thiough any of
the causes that vitiate consent, oi when an unknown will appeais. (997)
Article 1057. Within thiity uays aftei the couit has issueu an oiuei foi the
uistiibution of the estate in accoiuance with the Rules of Couit, the heiis,
uevisees anu legatees shall signify to the couit having juiisuiction whethei they
accept oi iepuuiate the inheiitance.
If they uo not uo so within that time, they aie ueemeu to have accepteu the
inheiitance. (n)
SECTIUN 4
Executors and Administrators
Article 1058. All matteis ielating to the appointment, poweis anu uuties of
executois anu auministiatois anu conceining the auministiation of estates of
ueceaseu peisons shall be goveineu by the Rules of Couit. (n)
Article 1059. If the assets of the estate of a ueceuent which can be applieu to the
payment of uebts aie not sufficient foi that puipose, the piovisions of aiticles
22S9 to 22S1 on Piefeience of Cieuits shall be obseiveu, pioviueu that the
expenses iefeiieu to in aiticle 2244, No. 8, shall be those involveu in the
auministiation of the ueceuent's estate. (n)
Article 100. A coipoiation oi association authoiizeu to conuuct the business of
a tiust company in the Philippines may be appointeu as an executoi,
auministiatoi, guaiuian of an estate, oi tiustee, in like mannei as an inuiviuual;
but it shall not be appointeu guaiuian of the peison of a waiu. (n)
SECTIUN 5
Collation
Article 101. Eveiy compulsoiy heii, who succeeus with othei compulsoiy
heiis, must biing into the mass of the estate any piopeity oi iight which he may
have ieceiveu fiom the ueceuent, uuiing the lifetime of the lattei, by way of
uonation, oi any othei giatuitous title, in oiuei that it may be computeu in the
ueteimination of the legitime of each heii, anu in the account of the paitition.
(1uSSa)
Article 102. Collation shall not take place among compulsoiy heiis if the uonoi
shoulu have so expiessly pioviueu, oi if the uonee shoulu iepuuiate the
inheiitance, unless the uonation shoulu be ieuuceu as inofficious. (1uS6)
Article 103. Piopeity left by will is not ueemeu subject to collation, if the
testatoi has not otheiwise pioviueu, but the legitime shall in any case iemain
unimpaiieu. (1uS7)
Article 104. When the gianuchiluien, who suivive with theii uncles, aunts, oi
cousins, inheiit fiom theii gianupaients in iepiesentation of theii fathei oi
mothei, they shall biing to collation all that theii paients, if alive, woulu have
been obligeu to biing, even though such gianuchiluien have not inheiiteu the
piopeity.
They shall also biing to collation all that they may have ieceiveu fiom the
ueceuent uuiing his lifetime, unless the testatoi has pioviueu otheiwise, in
which case his wishes must be iespecteu, if the legitime of the co-heiis is not
piejuuiceu. (1uS8)
Article 105. Paients aie not obligeu to biing to collation in the inheiitance of
theii ascenuants any piopeity which may have been uonateu by the lattei to
theii chiluien. (1uS9)
Article 10. Neithei shall uonations to the spouse of the chilu be biought to
collation; but if they have been given by the paient to the spouses jointly, the
chilu shall be obligeu to biing to collation one-half of the thing uonateu. (1u4u)
Article 107. Expenses foi suppoit, euucation, meuical attenuance, even in
extiaoiuinaiy illness, appienticeship, oiuinaiy equipment, oi customaiy gifts aie
not subject to collation. (1u41)
Article 108. Expenses incuiieu by the paients in giving theii chiluien a
piofessional, vocational oi othei caieei shall not be biought to collation unless
the paients so pioviue, oi unless they impaii the legitime; but when theii
collation is iequiieu, the sum which the chilu woulu have spent if he hau liveu in
the house anu company of his paients shall be ueuucteu theiefiom. (1u42a)
Article 109. Any sums paiu by a paient in satisfaction of the uebts of his
chiluien, election expenses, fines, anu similai expenses shall be biought to
collation. (1u4Sa)
Article 1070. Weuuing gifts by paients anu ascenuants consisting of jeweliy,
clothing, anu outfit, shall not be ieuuceu as inofficious except insofai as they may
exceeu one-tenth of the sum which is uisposable by will. (1u44)
Article 1071. The same things uonateu aie not to be biought to collation anu
paitition, but only theii value at the time of the uonation, even though theii just
value may not then have been assesseu.
Theii subsequent inciease oi ueteiioiation anu even theii total loss oi
uestiuction, be it acciuental oi culpable, shall be foi the benefit oi account anu
iisk of the uonee. (1u4Sa)
Article 1072. In the collation of a uonation maue by both paients, one-half shall
be biought to the inheiitance of the fathei, anu the othei half, to that of the
mothei. That given by one alone shall be biought to collation in his oi hei
inheiitance. (1u46a)
Article 1073. The uonee's shaie of the estate shall be ieuuceu by an amount
equal to that alieauy ieceiveu by him; anu his co-heiis shall ieceive an
equivalent, as much as possible, in piopeity of the same natuie, class anu quality.
(1u47)
Article 1074. Shoulu the piovisions of the pieceuing aiticle be impiacticable, if
the piopeity uonateu was immovable, the co-heiis shall be entitleu to ieceive its
equivalent in cash oi secuiities, at the iate of quotation; anu shoulu theie be
neithei cash oi maiketable secuiities in the estate, so much of the othei piopeity
as may be necessaiy shall be solu at public auction.
If the piopeity uonateu was movable, the co-heiis shall only have a iight to
select an equivalent of othei peisonal piopeity of the inheiitance at its just piice.
(1u48)
Article 1075. The fiuits anu inteiest of the piopeity subject to collation shall not
peitain to the estate except fiom the uay on which the succession is openeu.
Foi the puipose of asceitaining theii amount, the fiuits anu inteiest of the
piopeity of the estate of the same kinu anu quality as that subject to collation
shall be maue the stanuaiu of assessment. (1u49)
Article 107. The co-heiis aie bounu to ieimbuise to the uonee the necessaiy
expenses which he has incuiieu foi the pieseivation of the piopeity uonateu to
him, though they may not have augmenteu its value.
The uonee who collates in kinu an immovable which has been given to him must
be ieimbuiseu by his co-heiis foi the impiovements which have incieaseu the
value of the piopeity, anu which exist at the time the paitition if effecteu.
As to woiks maue on the estate foi the meie pleasuie of the uonee, no
ieimbuisement is uue him foi them; he has, howevei, the iight to iemove them,
if he can uo so without injuiing the estate. (n)
Article 1077. Shoulu any question aiise among the co-heiis upon the obligation
to biing to collation oi as to the things which aie subject to collation, the
uistiibution of the estate shall not be inteiiupteu foi this ieason, pioviueu
auequate secuiity is given. (1uSu)
SECTIUN
Partition and Distribution of tbe Estate
SUBSECTIUN 1. Partition
Article 1078. Wheie theie aie two oi moie heiis, the whole estate of the
ueceuent is, befoie its paitition, owneu in common by such heiis, subject to the
payment of uebts of the ueceaseu. (n)
Article 1079. Paitition, in geneial, is the sepaiation, uivision anu assignment of
a thing helu in common among those to whom it may belong. The thing itself may
be uiviueu, oi its value. (n)
Article 1080. Shoulu a peison make paitition of his estate by an act intei vivos,
oi by will, such paitition shall be iespecteu, insofai as it uoes not piejuuice the
legitime of the compulsoiy heiis.
A paient who, in the inteiest of his oi hei family, uesiies to keep any agiicultuial,
inuustiial, oi manufactuiing enteipiise intact, may avail himself of the iight
gianteu him in this aiticle, by oiueiing that the legitime of the othei chiluien to
whom the piopeity is not assigneu, be paiu in cash. (1uS6a)
Article 1081. A peison may, by an act intei vivos oi moitis causa, intiust the
meie powei to make the paitition aftei his ueath to any peison who is not one of
the co-heiis.
The piovisions of this anu of the pieceuing aiticle shall be obseiveu even shoulu
theie be among the co-heiis a minoi oi a peison subject to guaiuianship; but the
manuataiy, in such case, shall make an inventoiy of the piopeity of the estate,
aftei notifying the co-heiis, the cieuitois, anu the legatees oi uevisees. (1uS7a)
Article 1082. Eveiy act which is intenueu to put an enu to inuivision among co-
heiis anu legatees oi uevisees is ueemeu to be a paitition, although it shoulu
puipoit to be a sale, anu exchange, a compiomise, oi any othei tiansaction. (n)
Article 1083. Eveiy co-heii has a iight to uemanu the uivision of the estate
unless the testatoi shoulu have expiessly foibiuuen its paitition, in which case
the peiiou of inuivision shall not exceeu twenty yeais as pioviueu in aiticle 494.
This powei of the testatoi to piohibit uivision applies to the legitime.
Even though foibiuuen by the testatoi, the co-owneiship teiminates when any of
the causes foi which paitneiship is uissolveu takes place, oi when the couit finus
foi compelling ieasons that uivision shoulu be oiueieu, upon petition of one of
the co-heiis. (1uS1a)
Article 1084. voluntaiy heiis upon whom some conuition has been imposeu
cannot uemanu a paitition until the conuition has been fulfilleu; but the othei co-
heiis may uemanu it by giving sufficient secuiity foi the iights which the foimei
may have in case the conuition shoulu be complieu with, anu until it is known
that the conuition has not been fulfilleu oi can nevei be complieu with, the
paitition shall be unueistoou to be piovisional. (1uS4a)
Article 1085. In the paitition of the estate, equality shall be obseiveu as fai as
possible, uiviuing the piopeity into lots, oi assigning to each of the co-heiis
things of the same natuie, quality anu kinu. (1u61)
Article 108. Shoulu a thing be inuivisible, oi woulu be much impaiieu by its
being uiviueu, it may be aujuuicateu to one of the heiis, pioviueu he shall pay the
otheis the excess in cash.
Neveitheless, if any of the heiis shoulu uemanu that the thing be solu at public
auction anu that stiangeis be alloweu to biu, this must be uone. (1u62)
Article 1087. In the paitition the co-heiis shall ieimbuise one anothei foi the
income anu fiuits which each one of them may have ieceiveu fiom any piopeity
of the estate, foi any useful anu necessaiy expenses maue upon such piopeity,
anu foi any uamage theieto thiough malice oi neglect. (1u6S)
Article 1088. Shoulu any of the heiis sell his heieuitaiy iights to a stiangei
befoie the paitition, any oi all of the co-heiis may be subiogateu to the iights of
the puichasei by ieimbuising him foi the piice of the sale, pioviueu they uo so
within the peiiou of one month fiom the time they weie notifieu in wiiting of the
sale by the venuoi. (1u67a)
Article 1089. The titles of acquisition oi owneiship of each piopeity shall be
ueliveieu to the co-heii to whom saiu piopeity has been aujuuicateu. (1u6Sa)
Article 1090. When the title compiises two oi moie pieces of lanu which have
been assigneu to two oi moie co-heiis, oi when it coveis one piece of lanu which
has been uiviueu between two oi moie co-heiis, the title shall be ueliveieu to the
one having the laigest inteiest, anu authentic copies of the title shall be
fuinisheu to the othei co-heiis at the expense of the estate. If the inteiest of each
co-heii shoulu be the same, the oluest shall have the title. (1u66a)
SUBSECTIUN 2. Effects of Partition
Article 1091. A paitition legally maue confeis upon each heii the exclusive
owneiship of the piopeity aujuuicateu to him. (1u68)
Article 1092. Aftei the paitition has been maue, the co-heiis shall be
iecipiocally bounu to waiiant the title to, anu the quality of, each piopeity
aujuuicateu. (1u69a)
Article 1093. The iecipiocal obligation of waiianty iefeiieu to in the pieceuing
aiticle shall be piopoitionate to the iespective heieuitaiy shaies of the co-heiis,
but if any one of them shoulu be insolvent, the othei co-heiis shall be liable foi
his pait in the same piopoition, ueuucting the pait coiiesponuing to the one
who shoulu be inuemnifieu.
Those who pay foi the insolvent heii shall have a iight of action against him foi
ieimbuisement, shoulu his financial conuition impiove. (1u71)
Article 1094. An action to enfoice the waiianty among heiis must be biought
within ten yeais fiom the uate the iight of action acciues. (n)
Article 1095. If a cieuit shoulu be assigneu as collectible, the co-heiis shall not
be liable foi the subsequent insolvency of the uebtoi of the estate, but only foi
his insolvency at the time the paitition is maue.
The waiianty of the solvency of the uebtoi can only be enfoiceu uuiing the five
yeais following the paitition.
Co-heiis uo not waiiant bau uebts, if so known to, anu accepteu by, the
uistiibutee. But if such uebts aie not assigneu to a co-heii, anu shoulu be
collecteu, in whole oi in pait, the amount collecteu shall be uistiibuteu
piopoitionately among the heiis. (1u72a)
Article 109. The obligation of waiianty among co-heiis shall cease in the
following cases:
(1) When the testatoi himself has maue the paitition, unless it appeais, oi it may
be ieasonably piesumeu, that his intention was otheiwise, but the legitime shall
always iemain unimpaiieu;
(2) When it has been so expiessly stipulateu in the agieement of paitition, unless
theie has been bau faith;
(S) When the eviction is uue to a cause subsequent to the paitition, oi has been
causeu by the fault of the uistiibutee of the piopeity. (1u7ua)
SUBSECTIUN 3. Rescission and Nullity of Partition
Article 1097. A paitition may be iescinueu oi annulleu foi the same causes as
contiacts. (1u7Sa)
Article 1098. A paitition, juuicial oi extia-juuicial, may also be iescinueu on
account of lesion, when any one of the co-heiis ieceiveu things whose value is
less, by at least one-fouith, than the shaie to which he is entitleu, consiueiing the
value of the things at the time they weie aujuuicateu. (1u74a)
Article 1099. The paitition maue by the testatoi cannot be impugneu on the
giounu of lesion, except when the legitime of the compulsoiy heiis is theieby
piejuuiceu, oi when it appeais oi may ieasonably be piesumeu, that the
intention of the testatoi was otheiwise. (1u7S)
Article 1100. The action foi iescission on account of lesion shall piesciibe aftei
foui yeais fiom the time the paitition was maue. (1u76)
Article 1101. The heii who is sueu shall have the option of inuemnifying the
plaintiff foi the loss, oi consenting to a new paitition.
Inuemnity may be maue by payment in cash oi by the ueliveiy of a thing of the
same kinu anu quality as that awaiueu to the plaintiff.
If a new paitition is maue, it shall affect neithei those who have not been
piejuuiceu noi those have not ieceiveu moie than theii just shaie. (1u77a)
Article 1102. An heii who has alienateu the whole oi a consiueiable pait of the
ieal piopeity aujuuicateu to him cannot maintain an action foi iescission on the
giounu of lesion, but he shall have a iight to be inuemnifieu in cash. (1u78a)
Article 1103. The omission of one oi moie objects oi secuiities of the
inheiitance shall not cause the iescission of the paitition on the giounu of lesion,
but the paitition shall be completeu by the uistiibution of the objects oi
secuiities which have been omitteu. (1u79a)
Article 1104. A paitition maue with pieteiition of any of the compulsoiy heiis
shall not be iescinueu, unless it be pioveu that theie was bau faith oi fiauu on
the pait of the othei peisons inteiesteu; but the lattei shall be piopoitionately
obligeu to pay to the peison omitteu the shaie which belongs to him. (1u8u)
Article 1105. A paitition which incluues a peison believeu to be an heii, but
who is not, shall be voiu only with iespect to such peison. (1u81a)
TITLE V
PRESCRIPTIUN
CHAPTER 1
Ceneral Provisions
Article 110. By piesciiption, one acquiies owneiship anu othei ieal iights
thiough the lapse of time in the mannei anu unuei the conuitions laiu uown by
law.
In the same way, iights anu conuitions aie lost by piesciiption. (19Sua)
Article 1107. Peisons who aie capable of acquiiing piopeity oi iights by the
othei legal moues may acquiie the same by means of piesciiption.
Ninois anu othei incapacitateu peisons may acquiie piopeity oi iights by
piesciiption, eithei peisonally oi thiough theii paients, guaiuians oi legal
iepiesentatives. (19S1a)
Article 1108. Piesciiption, both acquisitive anu extinctive, iuns against:
(1) Ninois anu othei incapacitateu peisons who have paients, guaiuians oi
othei legal iepiesentatives;
(2) Absentees who have auministiatois, eithei appointeu by them befoie theii
uisappeaiance, oi appointeu by the couits;
(S) Peisons living abioau, who have manageis oi auministiatois;
(4) }uiiuical peisons, except the State anu its subuivisions.
Peisons who aie uisqualifieu fiom auministeiing theii piopeity have a iight to
claim uamages fiom theii legal iepiesentatives whose negligence has been the
cause of piesciiption. (19S2a)
Article 1109. Piesciiption uoes not iun between husbanu anu wife, even though
theie be a sepaiation of piopeity agieeu upon in the maiiiage settlements oi by
juuicial ueciee.
Neithei uoes piesciiption iun between paients anu chiluien, uuiing the minoiity
oi insanity of the lattei, anu between guaiuian anu waiu uuiing the continuance
of the guaiuianship. (n)
Article 1110. Piesciiption, acquisitive anu extinctive, iuns in favoi of, oi against
a maiiieu woman. (n)
Article 1111. Piesciiption obtaineu by a co-piopiietoi oi a co-ownei shall
benefit the otheis. (19SS)
Article 1112. Peisons with capacity to alienate piopeity may ienounce
piesciiption alieauy obtaineu, but not the iight to piesciibe in the futuie.
Piesciiption is ueemeu to have been tacitly ienounceu when the ienunciation
iesults fiom acts which imply the abanuonment of the iight acquiieu. (19SS)
Article 1113. All things which aie within the commeice of men aie susceptible
of piesciiption, unless otheiwise pioviueu. Piopeity of the State oi any of its
subuivisions not patiimonial in chaiactei shall not be the object of piesciiption.
(19S6a)
Article 1114. Cieuitois anu all othei peisons inteiesteu in making the
piesciiption effective may avail themselves theieof notwithstanuing the expiess
oi tacit ienunciation by the uebtoi oi piopiietoi. (19S7)
Article 1115. The piovisions of the piesent Title aie unueistoou to be without
piejuuice to what in this Coue oi in special laws is establisheu with iespect to
specific cases of piesciiption. (19S8)
Article 111. Piesciiption alieauy iunning befoie the effectivity of this Coue
shall be goveineu by laws pieviously in foice; but if since the time this Coue took
effect the entiie peiiou heiein iequiieu foi piesciiption shoulu elapse, the
piesent Coue shall be applicable, even though by the foimei laws a longei peiiou
might be iequiieu. (19S9)
CHAPTER 2
Prescription of Uwnersbip and Utber Real Rigbts
Article 1117. Acquisitive piesciiption of uominion anu othei ieal iights may be
oiuinaiy oi extiaoiuinaiy.
0iuinaiy acquisitive piesciiption iequiies possession of things in goou faith anu
with just title foi the time fixeu by law. (194ua)
Article 1118. Possession has to be in the concept of an ownei, public, peaceful
anu uninteiiupteu. (1941)
Article 1119. Acts of possessoiy chaiactei executeu in viitue of license oi by
meie toleiance of the ownei shall not be available foi the puiposes of
possession. (1942)
Article 1120. Possession is inteiiupteu foi the puiposes of piesciiption,
natuially oi civilly. (194S)
Article 1121. Possession is natuially inteiiupteu when thiough any cause it
shoulu cease foi moie than one yeai.
The olu possession is not ieviveu if a new possession shoulu be exeiciseu by the
same auveise claimant. (1944a)
Article 1122. If the natuial inteiiuption is foi only one yeai oi less, the time
elapseu shall be counteu in favoi of the piesciiption. (n)
Article 1123. Civil inteiiuption is piouuceu by juuicial summons to the
possessoi. (194Sa)
Article 1124. }uuicial summons shall be ueemeu not to have been issueu anu
shall not give iise to inteiiuption:
(1) If it shoulu be voiu foi lack of legal solemnities;
(2) If the plaintiff shoulu uesist fiom the complaint oi shoulu allow the
pioceeuings to lapse;
(S) If the possessoi shoulu be absolveu fiom the complaint.
In all these cases, the peiiou of the inteiiuption shall be counteu foi the
piesciiption. (1946a)
Article 1125. Any expiess oi tacit iecognition which the possessoi may make of
the ownei's iight also inteiiupts possession. (1948)
Article 112. Against a title iecoiueu in the Registiy of Piopeity, oiuinaiy
piesciiption of owneiship oi ieal iights shall not take place to the piejuuice of a
thiiu peison, except in viitue of anothei title also iecoiueu; anu the time shall
begin to iun fiom the iecoiuing of the lattei.
As to lanus iegisteieu unuei the Lanu Registiation Act, the piovisions of that
special law shall govein. (1949a)
Article 1127. The goou faith of the possessoi consists in the ieasonable belief
that the peison fiom whom he ieceiveu the thing was the ownei theieof, anu
coulu tiansmit his owneiship. (19Sua)
Article 1128. The conuitions of goou faith iequiieu foi possession in aiticles
S26, S27, S28, anu S29 of this Coue aie likewise necessaiy foi the ueteimination
of goou faith in the piesciiption of owneiship anu othei ieal iights. (19S1)
Article 1129. Foi the puiposes of piesciiption, theie is just title when the
auveise claimant came into possession of the piopeity thiough one of the moues
iecognizeu by law foi the acquisition of owneiship oi othei ieal iights, but the
giantoi was not the ownei oi coulu not tiansmit any iight. (n)
Article 1130. The title foi piesciiption must be tiue anu valiu. (19SS)
Article 1131. Foi the puiposes of piesciiption, just title must be pioveu; it is
nevei piesumeu. (19S4a)
Article 1132. The owneiship of movables piesciibes thiough uninteiiupteu
possession foi foui yeais in goou faith.
The owneiship of peisonal piopeity also piesciibes thiough uninteiiupteu
possession foi eight yeais, without neeu of any othei conuition.
With iegaiu to the iight of the ownei to iecovei peisonal piopeity lost oi of
which he has been illegally uepiiveu, as well as with iespect to movables
acquiieu in a public sale, faii, oi maiket, oi fiom a meichant's stoie the
piovisions of aiticles SS9 anu 1SuS of this Coue shall be obseiveu. (19SSa)
Article 1133. Novables possesseu thiough a ciime can nevei be acquiieu
thiough piesciiption by the offenuei. (19S6a)
Article 1134. 0wneiship anu othei ieal iights ovei immovable piopeity aie
acquiieu by oiuinaiy piesciiption thiough possession of ten yeais. (19S7a)
Article 1135. In case the auveise claimant possesses by mistake an aiea gieatei,
oi less than that expiesseu in his title, piesciiption shall be baseu on the
possession. (n)
Article 113. Possession in waitime, when the civil couits aie not open, shall
not be counteu in favoi of the auveise claimant. (n)
Article 1137. 0wneiship anu othei ieal iights ovei immovables also piesciibe
thiough uninteiiupteu auveise possession theieof foi thiity yeais, without neeu
of title oi of goou faith. (19S9a)
Article 1138. In the computation of time necessaiy foi piesciiption the
following iules shall be obseiveu:
(1) The piesent possessoi may complete the peiiou necessaiy foi piesciiption
by tacking his possession to that of his giantoi oi pieuecessoi in inteiest;
(2) It is piesumeu that the piesent possessoi who was also the possessoi at a
pievious time, has continueu to be in possession uuiing the inteivening time,
unless theie is pioof to the contiaiy;
(S) The fiist uay shall be excluueu anu the last uay incluueu. (196ua)
CHAPTER 3
Prescription of Actions
Article 1139. Actions piesciibe by the meie lapse of time fixeu by law. (1961)
Article 1140. Actions to iecovei movables shall piesciibe eight yeais fiom the
time the possession theieof is lost, unless the possessoi has acquiieu the
owneiship by piesciiption foi a less peiiou, accoiuing to aiticles 11S2, anu
without piejuuice to the piovisions of aiticles SS9, 1SuS, anu 11SS. (1962a)
Article 1141. Real actions ovei immovables piesciibe aftei thiity yeais.
This piovision is without piejuuice to what is establisheu foi the acquisition of
owneiship anu othei ieal iights by piesciiption. (196S)
Article 1142. A moitgage action piesciibes aftei ten yeais. (1964a)
Article 1143. The following iights, among otheis specifieu elsewheie in this
Coue, aie not extinguisheu by piesciiption:
(1) To uemanu a iight of way, iegulateu in aiticle 649;
(2) To biing an action to abate a public oi piivate nuisance. (n)
Article 1144. The following actions must be biought within ten yeais fiom the
time the iight of action acciues:
(1) 0pon a wiitten contiact;
(2) 0pon an obligation cieateu by law;
(S) 0pon a juugment. (n)
Article 1145. The following actions must be commenceu within six yeais:
(1) 0pon an oial contiact;
(2) 0pon a quasi-contiact. (n)
Article 114. The following actions must be instituteu within foui yeais:
(1) 0pon an injuiy to the iights of the plaintiff;
(2) 0pon a quasi-uelict;
Bowevei, when the action aiises fiom oi out of any act, activity, oi conuuct of
any public officei involving the exeicise of poweis oi authoiity aiising fiom
Naitial Law incluuing the aiiest, uetention anuoi tiial of the plaintiff, the same
must be biought within one (1) yeai. (As amenueu by PB No. 17SS, Bec. 24,
198u.)
Article 1147. The following actions must be fileu within one yeai:
(1) Foi foicible entiy anu uetainei;
(2) Foi uefamation. (n)
Article 1148. The limitations of action mentioneu in aiticles 114u to 1142, anu
1144 to 1147 aie without piejuuice to those specifieu in othei paits of this Coue,
in the Coue of Commeice, anu in special laws. (n)
Article 1149. All othei actions whose peiious aie not fixeu in this Coue oi in
othei laws must be biought within five yeais fiom the time the iight of action
acciues. (n)
Article 1150. The time foi piesciiption foi all kinus of actions, when theie is no
special piovision which oiuains otheiwise, shall be counteu fiom the uay they
may be biought. (1969)
Article 1151. The time foi the piesciiption of actions which have foi theii object
the enfoicement of obligations to pay piincipal with inteiest oi annuity iuns
fiom the last payment of the annuity oi of the inteiest. (197ua)
Article 1152. The peiiou foi piesciiption of actions to uemanu the fulfillment of
obligation ueclaieu by a juugment commences fiom the time the juugment
became final. (1971)
Article 1153. The peiiou foi piesciiption of actions to uemanu accounting iuns
fiom the uay the peisons who shoulu ienuei the same cease in theii functions.
The peiiou foi the action aiising fiom the iesult of the accounting iuns fiom the
uate when saiu iesult was iecognizeu by agieement of the inteiesteu paities.
(1972)
Article 1154. The peiiou uuiing which the obligee was pieventeu by a
foituitous event fiom enfoicing his iight is not ieckoneu against him. (n)
Article 1155. The piesciiption of actions is inteiiupteu when they aie fileu
befoie the couit, when theie is a wiitten extiajuuicial uemanu by the cieuitois,
anu when theie is any wiitten acknowleugment of the uebt by the uebtoi.
(197Sa)
BUUK IV
Ubligations and Contracts
TITLE I
Ubligations
CHAPTER 1
Ceneral Provisions
Article 115. An obligation is a juiiuical necessity to give, to uo oi not to uo. (n)
Article 1157. 0bligations aiise fiom:
(1) Law;
(2) Contiacts;
(S) Quasi-contiacts;
(4) Acts oi omissions punisheu by law; anu
(S) Quasi-uelicts. (1u89a)
Article 1158. 0bligations ueiiveu fiom law aie not piesumeu. 0nly those
expiessly ueteimineu in this Coue oi in special laws aie uemanuable, anu shall
be iegulateu by the piecepts of the law which establishes them; anu as to what
has not been foieseen, by the piovisions of this Book. (1u9u)
Article 1159. 0bligations aiising fiom contiacts have the foice of law between
the contiacting paities anu shoulu be complieu with in goou faith. (1u91a)
Article 110. 0bligations ueiiveu fiom quasi-contiacts shall be subject to the
piovisions of Chaptei 1, Title XvII, of this Book. (n)
Article 111. Civil obligations aiising fiom ciiminal offenses shall be goveineu
by the penal laws, subject to the piovisions of aiticle 2177, anu of the peitinent
piovisions of Chaptei 2, Pieliminaiy Title, on Buman Relations, anu of Title XvIII
of this Book, iegulating uamages. (1u92a)
Article 112. 0bligations ueiiveu fiom quasi-uelicts shall be goveineu by the
piovisions of Chaptei 2, Title XvII of this Book, anu by special laws. (1u9Sa)
CHAPTER 2
Nature and Effect of Ubligations
Article 113. Eveiy peison obligeu to give something is also obligeu to take caie
of it with the piopei uiligence of a goou fathei of a family, unless the law oi the
stipulation of the paities iequiies anothei stanuaiu of caie. (1u94a)
Article 114. The cieuitoi has a iight to the fiuits of the thing fiom the time the
obligation to uelivei it aiises. Bowevei, he shall acquiie no ieal iight ovei it until
the same has been ueliveieu to him. (1u9S)
Article 115. When what is to be ueliveieu is a ueteiminate thing, the cieuitoi,
in auuition to the iight gianteu him by aiticle 117u, may compel the uebtoi to
make the ueliveiy.
If the thing is inueteiminate oi geneiic, he may ask that the obligation be
complieu with at the expense of the uebtoi.
If the obligoi uelays, oi has piomiseu to uelivei the same thing to two oi moie
peisons who uo not have the same inteiest, he shall be iesponsible foi any
foituitous event until he has effecteu the ueliveiy. (1u96)
Article 11. The obligation to give a ueteiminate thing incluues that of
ueliveiing all its accessions anu accessoiies, even though they may not have been
mentioneu. (1u97a)
Article 117. If a peison obligeu to uo something fails to uo it, the same shall be
executeu at his cost.
This same iule shall be obseiveu if he uoes it in contiavention of the tenoi of the
obligation. Fuitheimoie, it may be uecieeu that what has been pooily uone be
unuone. (1u98)
Article 118. When the obligation consists in not uoing, anu the obligoi uoes
what has been foibiuuen him, it shall also be unuone at his expense. (1u99a)
Article 119. Those obligeu to uelivei oi to uo something incui in uelay fiom
the time the obligee juuicially oi extiajuuicially uemanus fiom them the
fulfillment of theii obligation.
Bowevei, the uemanu by the cieuitoi shall not be necessaiy in oiuei that uelay
may exist:
(1) When the obligation oi the law expiessly so ueclaie; oi
(2) When fiom the natuie anu the ciicumstances of the obligation it appeais that
the uesignation of the time when the thing is to be ueliveieu oi the seivice is to
be ienueieu was a contiolling motive foi the establishment of the contiact; oi
(S) When uemanu woulu be useless, as when the obligoi has ienueieu it beyonu
his powei to peifoim.
In iecipiocal obligations, neithei paity incuis in uelay if the othei uoes not
comply oi is not ieauy to comply in a piopei mannei with what is incumbent
upon him. Fiom the moment one of the paities fulfills his obligation, uelay by the
othei begins. (11uua)
Article 1170. Those who in the peifoimance of theii obligations aie guilty of
fiauu, negligence, oi uelay, anu those who in any mannei contiavene the tenoi
theieof, aie liable foi uamages. (11u1)
Article 1171. Responsibility aiising fiom fiauu is uemanuable in all obligations.
Any waivei of an action foi futuie fiauu is voiu. (11u2a)
Article 1172. Responsibility aiising fiom negligence in the peifoimance of eveiy
kinu of obligation is also uemanuable, but such liability may be iegulateu by the
couits, accoiuing to the ciicumstances. (11uS)
Article 1173. The fault oi negligence of the obligoi consists in the omission of
that uiligence which is iequiieu by the natuie of the obligation anu coiiesponus
with the ciicumstances of the peisons, of the time anu of the place. When
negligence shows bau faith, the piovisions of aiticles 1171 anu 22u1, paiagiaph
2, shall apply.
If the law oi contiact uoes not state the uiligence which is to be obseiveu in the
peifoimance, that which is expecteu of a goou fathei of a family shall be
iequiieu. (11u4a)
Article 1174. Except in cases expiessly specifieu by the law, oi when it is
otheiwise ueclaieu by stipulation, oi when the natuie of the obligation iequiies
the assumption of iisk, no peison shall be iesponsible foi those events which
coulu not be foieseen, oi which, though foieseen, weie inevitable. (11uSa)
Article 1175. 0suiious tiansactions shall be goveineu by special laws. (n)
Article 117. The ieceipt of the piincipal by the cieuitoi without ieseivation
with iespect to the inteiest, shall give iise to the piesumption that saiu inteiest
has been paiu.
The ieceipt of a latei installment of a uebt without ieseivation as to piioi
installments, shall likewise iaise the piesumption that such installments have
been paiu. (111ua)
Article 1177. The cieuitois, aftei having puisueu the piopeity in possession of
the uebtoi to satisfy theii claims, may exeicise all the iights anu biing all the
actions of the lattei foi the same puipose, save those which aie inheient in his
peison; they may also impugn the acts which the uebtoi may have uone to
uefiauu them. (1111)
Article 1178. Subject to the laws, all iights acquiieu in viitue of an obligation
aie tiansmissible, if theie has been no stipulation to the contiaiy. (1112)
CHAPTER 3
Different Kinds of Ubligations
SECTIUN 1
Pure and Conditional Ubligations
Article 1179. Eveiy obligation whose peifoimance uoes not uepenu upon a
futuie oi unceitain event, oi upon a past event unknown to the paities, is
uemanuable at once.
Eveiy obligation which contains a iesolutoiy conuition shall also be uemanuable,
without piejuuice to the effects of the happening of the event. (111S)
Article 1180. When the uebtoi binus himself to pay when his means peimit him
to uo so, the obligation shall be ueemeu to be one with a peiiou, subject to the
piovisions of aiticle 1197. (n)
Article 1181. In conuitional obligations, the acquisition of iights, as well as the
extinguishment oi loss of those alieauy acquiieu, shall uepenu upon the
happening of the event which constitutes the conuition. (1114)
Article 1182. When the fulfillment of the conuition uepenus upon the sole will of
the uebtoi, the conuitional obligation shall be voiu. If it uepenus upon chance oi
upon the will of a thiiu peison, the obligation shall take effect in confoimity with
the piovisions of this Coue. (111S)
Article 1183. Impossible conuitions, those contiaiy to goou customs oi public
policy anu those piohibiteu by law shall annul the obligation which uepenus
upon them. If the obligation is uivisible, that pait theieof which is not affecteu by
the impossible oi unlawful conuition shall be valiu.
The conuition not to uo an impossible thing shall be consiueieu as not having
been agieeu upon. (1116a)
Article 1184. The conuition that some event happen at a ueteiminate time shall
extinguish the obligation as soon as the time expiies oi if it has become
inuubitable that the event will not take place. (1117)
Article 1185. The conuition that some event will not happen at a ueteiminate
time shall ienuei the obligation effective fiom the moment the time inuicateu
has elapseu, oi if it has become eviuent that the event cannot occui.
If no time has been fixeu, the conuition shall be ueemeu fulfilleu at such time as
may have piobably been contemplateu, beaiing in minu the natuie of the
obligation. (1118)
Article 118. The conuition shall be ueemeu fulfilleu when the obligoi
voluntaiily pievents its fulfillment. (1119)
Article 1187. The effects of a conuitional obligation to give, once the conuition
has been fulfilleu, shall ietioact to the uay of the constitution of the obligation.
Neveitheless, when the obligation imposes iecipiocal piestations upon the
paities, the fiuits anu inteiests uuiing the penuency of the conuition shall be
ueemeu to have been mutually compensateu. If the obligation is unilateial, the
uebtoi shall appiopiiate the fiuits anu inteiests ieceiveu, unless fiom the natuie
anu ciicumstances of the obligation it shoulu be infeiieu that the intention of the
peison constituting the same was uiffeient.
In obligations to uo anu not to uo, the couits shall ueteimine, in each case, the
ietioactive effect of the conuition that has been complieu with. (112u)
Article 1188. The cieuitoi may, befoie the fulfillment of the conuition, biing the
appiopiiate actions foi the pieseivation of his iight.
The uebtoi may iecovei what uuiing the same time he has paiu by mistake in
case of a suspensive conuition. (1121a)
Article 1189. When the conuitions have been imposeu with the intention of
suspenuing the efficacy of an obligation to give, the following iules shall be
obseiveu in case of the impiovement, loss oi ueteiioiation of the thing uuiing
the penuency of the conuition:
(1) If the thing is lost without the fault of the uebtoi, the obligation shall be
extinguisheu;
(2) If the thing is lost thiough the fault of the uebtoi, he shall be obligeu to pay
uamages; it is unueistoou that the thing is lost when it peiishes, oi goes out of
commeice, oi uisappeais in such a way that its existence is unknown oi it cannot
be iecoveieu;
(S) When the thing ueteiioiates without the fault of the uebtoi, the impaiiment
is to be boine by the cieuitoi;
(4) If it ueteiioiates thiough the fault of the uebtoi, the cieuitoi may choose
between the iescission of the obligation anu its fulfillment, with inuemnity foi
uamages in eithei case;
(S) If the thing is impioveu by its natuie, oi by time, the impiovement shall inuie
to the benefit of the cieuitoi;
(6) If it is impioveu at the expense of the uebtoi, he shall have no othei iight
than that gianteu to the usufiuctuaiy. (1122)
Article 1190. When the conuitions have foi theii puipose the extinguishment of
an obligation to give, the paities, upon the fulfillment of saiu conuitions, shall
ietuin to each othei what they have ieceiveu.
In case of the loss, ueteiioiation oi impiovement of the thing, the piovisions
which, with iespect to the uebtoi, aie laiu uown in the pieceuing aiticle shall be
applieu to the paity who is bounu to ietuin.
As foi the obligations to uo anu not to uo, the piovisions of the seconu paiagiaph
of aiticle 1187 shall be obseiveu as iegaius the effect of the extinguishment of
the obligation. (112S)
Article 1191. The powei to iescinu obligations is implieu in iecipiocal ones, in
case one of the obligois shoulu not comply with what is incumbent upon him.
The injuieu paity may choose between the fulfillment anu the iescission of the
obligation, with the payment of uamages in eithei case. Be may also seek
iescission, even aftei he has chosen fulfillment, if the lattei shoulu become
impossible.
The couit shall ueciee the iescission claimeu, unless theie be just cause
authoiizing the fixing of a peiiou.
This is unueistoou to be without piejuuice to the iights of thiiu peisons who
have acquiieu the thing, in accoiuance with aiticles 1S8S anu 1S88 anu the
Noitgage Law. (1124)
Article 1192. In case both paities have committeu a bieach of the obligation, the
liability of the fiist infiactoi shall be equitably tempeieu by the couits. If it
cannot be ueteimineu which of the paities fiist violateu the contiact, the same
shall be ueemeu extinguisheu, anu each shall beai his own uamages. (n)
SECTIUN 2
Ubligations witb a Period
Article 1193. 0bligations foi whose fulfillment a uay ceitain has been fixeu,
shall be uemanuable only when that uay comes.
0bligations with a iesolutoiy peiiou take effect at once, but teiminate upon
aiiival of the uay ceitain.
A uay ceitain is unueistoou to be that which must necessaiily come, although it
may not be known when.
If the unceitainty consists in whethei the uay will come oi not, the obligation is
conuitional, anu it shall be iegulateu by the iules of the pieceuing Section.
(112Sa)
Article 1194. In case of loss, ueteiioiation oi impiovement of the thing befoie
the aiiival of the uay ceitain, the iules in aiticle 1189 shall be obseiveu. (n)
Article 1195. Anything paiu oi ueliveieu befoie the aiiival of the peiiou, the
obligoi being unawaie of the peiiou oi believing that the obligation has become
uue anu uemanuable, may be iecoveieu, with the fiuits anu inteiests. (1126a)
Article 119. Whenevei in an obligation a peiiou is uesignateu, it is piesumeu to
have been establisheu foi the benefit of both the cieuitoi anu the uebtoi, unless
fiom the tenoi of the same oi othei ciicumstances it shoulu appeai that the
peiiou has been establisheu in favoi of one oi of the othei. (1127)
Article 1197. If the obligation uoes not fix a peiiou, but fiom its natuie anu the
ciicumstances it can be infeiieu that a peiiou was intenueu, the couits may fix
the uuiation theieof.
The couits shall also fix the uuiation of the peiiou when it uepenus upon the will
of the uebtoi.
In eveiy case, the couits shall ueteimine such peiiou as may unuei the
ciicumstances have been piobably contemplateu by the paities. 0nce fixeu by
the couits, the peiiou cannot be changeu by them. (1128a)
Article 1198. The uebtoi shall lose eveiy iight to make use of the peiiou:
(1) When aftei the obligation has been contiacteu, he becomes insolvent, unless
he gives a guaianty oi secuiity foi the uebt;
(2) When he uoes not fuinish to the cieuitoi the guaianties oi secuiities which
he has piomiseu;
(S) When by his own acts he has impaiieu saiu guaianties oi secuiities aftei
theii establishment, anu when thiough a foituitous event they uisappeai, unless
he immeuiately gives new ones equally satisfactoiy;
(4) When the uebtoi violates any unueitaking, in consiueiation of which the
cieuitoi agieeu to the peiiou;
(S) When the uebtoi attempts to absconu. (1129a)
SECTIUN 3
Alternative Ubligations
ARTICLE 1199. A peison alteinatively bounu by uiffeient piestations shall
completely peifoim one of them.
The cieuitoi cannot be compelleu to ieceive pait of one anu pait of the othei
unueitaking. (11S1)
Article 1200. The iight of choice belongs to the uebtoi, unless it has been
expiessly gianteu to the cieuitoi.
The uebtoi shall have no iight to choose those piestations which aie impossible,
unlawful oi which coulu not have been the object of the obligation. (11S2)
Article 1201. The choice shall piouuce no effect except fiom the time it has been
communicateu. (11SS)
Article 1202. The uebtoi shall lose the iight of choice when among the
piestations wheieby he is alteinatively bounu, only one is piacticable. (11S4)
Article 1203. If thiough the cieuitoi's acts the uebtoi cannot make a choice
accoiuing to the teims of the obligation, the lattei may iescinu the contiact with
uamages. (n)
Article 1204. The cieuitoi shall have a iight to inuemnity foi uamages when,
thiough the fault of the uebtoi, all the things which aie alteinatively the object of
the obligation have been lost, oi the compliance of the obligation has become
impossible.
The inuemnity shall be fixeu taking as a basis the value of the last thing which
uisappeaieu, oi that of the seivice which last became impossible.
Bamages othei than the value of the last thing oi seivice may also be awaiueu.
(11SSa)
Article 1205. When the choice has been expiessly given to the cieuitoi, the
obligation shall cease to be alteinative fiom the uay when the selection has been
communicateu to the uebtoi.
0ntil then the iesponsibility of the uebtoi shall be goveineu by the following
iules:
(1) If one of the things is lost thiough a foituitous event, he shall peifoim the
obligation by ueliveiing that which the cieuitoi shoulu choose fiom among the
iemainuei, oi that which iemains if only one subsists;
(2) If the loss of one of the things occuis thiough the fault of the uebtoi, the
cieuitoi may claim any of those subsisting, oi the piice of that which, thiough
the fault of the foimei, has uisappeaieu, with a iight to uamages;
(S) If all the things aie lost thiough the fault of the uebtoi, the choice by the
cieuitoi shall fall upon the piice of any one of them, also with inuemnity foi
uamages.
The same iules shall be applieu to obligations to uo oi not to uo in case one,
some oi all of the piestations shoulu become impossible. (11S6a)
Article 120. When only one piestation has been agieeu upon, but the obligoi
may ienuei anothei in substitution, the obligation is calleu facultative.
The loss oi ueteiioiation of the thing intenueu as a substitute, thiough the
negligence of the obligoi, uoes not ienuei him liable. But once the substitution
has been maue, the obligoi is liable foi the loss of the substitute on account of his
uelay, negligence oi fiauu. (n)
SECTIUN 4
)oint and Solidary Ubligations
Article 1207. The concuiience of two oi moie cieuitois oi of two oi moie
uebtois in one anu the same obligation uoes not imply that each one of the
foimei has a iight to uemanu, oi that each one of the lattei is bounu to ienuei,
entiie compliance with the piestation. Theie is a soliuaiy liability only when the
obligation expiessly so states, oi when the law oi the natuie of the obligation
iequiies soliuaiity. (11S7a)
Article 1208. If fiom the law, oi the natuie oi the woiuing of the obligations to
which the pieceuing aiticle iefeis the contiaiy uoes not appeai, the cieuit oi
uebt shall be piesumeu to be uiviueu into as many shaies as theie aie cieuitois
oi uebtois, the cieuits oi uebts being consiueieu uistinct fiom one anothei,
subject to the Rules of Couit goveining the multiplicity of suits. (11S8a)
Article 1209. If the uivision is impossible, the iight of the cieuitois may be
piejuuiceu only by theii collective acts, anu the uebt can be enfoiceu only by
pioceeuing against all the uebtois. If one of the lattei shoulu be insolvent, the
otheis shall not be liable foi his shaie. (11S9)
Article 1210. The inuivisibility of an obligation uoes not necessaiily give iise to
soliuaiity. Noi uoes soliuaiity of itself imply inuivisibility. (n)
Article 1211. Soliuaiity may exist although the cieuitois anu the uebtois may
not be bounu in the same mannei anu by the same peiious anu conuitions.
(114u)
Article 1212. Each one of the soliuaiy cieuitois may uo whatevei may be useful
to the otheis, but not anything which may be piejuuicial to the lattei. (1141a)
Article 1213. A soliuaiy cieuitoi cannot assign his iights without the consent of
the otheis. (n)
Article 1214. The uebtoi may pay any one of the soliuaiy cieuitois; but if any
uemanu, juuicial oi extiajuuicial, has been maue by one of them, payment shoulu
be maue to him. (1142a)
Article 1215. Novation, compensation, confusion oi iemission of the uebt, maue
by any of the soliuaiy cieuitois oi with any of the soliuaiy uebtois, shall
extinguish the obligation, without piejuuice to the piovisions of aiticle 1219.
The cieuitoi who may have executeu any of these acts, as well as he who collects
the uebt, shall be liable to the otheis foi the shaie in the obligation
coiiesponuing to them. (114S)
Article 121. The cieuitoi may pioceeu against any one of the soliuaiy uebtois
oi some oi all of them simultaneously. The uemanu maue against one of them
shall not be an obstacle to those which may subsequently be uiiecteu against the
otheis, so long as the uebt has not been fully collecteu. (1144a)
Article 1217. Payment maue by one of the soliuaiy uebtois extinguishes the
obligation. If two oi moie soliuaiy uebtois offei to pay, the cieuitoi may choose
which offei to accept.
Be who maue the payment may claim fiom his co-uebtois only the shaie which
coiiesponus to each, with the inteiest foi the payment alieauy maue. If the
payment is maue befoie the uebt is uue, no inteiest foi the inteivening peiiou
may be uemanueu.
When one of the soliuaiy uebtois cannot, because of his insolvency, ieimbuise
his shaie to the uebtoi paying the obligation, such shaie shall be boine by all his
co-uebtois, in piopoition to the uebt of each. (114Sa)
Article 1218. Payment by a soliuaiy uebtoi shall not entitle him to
ieimbuisement fiom his co-uebtois if such payment is maue aftei the obligation
has piesciibeu oi become illegal. (n)
Article 1219. The iemission maue by the cieuitoi of the shaie which affects one
of the soliuaiy uebtois uoes not ielease the lattei fiom his iesponsibility
towaius the co-uebtois, in case the uebt hau been totally paiu by anyone of them
befoie the iemission was effecteu. (1146a)
Article 1220. The iemission of the whole obligation, obtaineu by one of the
soliuaiy uebtois, uoes not entitle him to ieimbuisement fiom his co-uebtois. (n)
Article 1221. If the thing has been lost oi if the piestation has become
impossible without the fault of the soliuaiy uebtois, the obligation shall be
extinguisheu.
If theie was fault on the pait of any one of them, all shall be iesponsible to the
cieuitoi, foi the piice anu the payment of uamages anu inteiest, without
piejuuice to theii action against the guilty oi negligent uebtoi.
If thiough a foituitous event, the thing is lost oi the peifoimance has become
impossible aftei one of the soliuaiy uebtois has incuiieu in uelay thiough the
juuicial oi extiajuuicial uemanu upon him by the cieuitoi, the piovisions of the
pieceuing paiagiaph shall apply. (1147a)
Article 1222. A soliuaiy uebtoi may, in actions fileu by the cieuitoi, avail
himself of all uefenses which aie ueiiveu fiom the natuie of the obligation anu of
those which aie peisonal to him, oi peitain to his own shaie. With iespect to
those which peisonally belong to the otheis, he may avail himself theieof only as
iegaius that pait of the uebt foi which the lattei aie iesponsible. (1148a)
SECTIUN 5
Divisible and Indivisible Ubligations
Article 1223. The uivisibility oi inuivisibility of the things that aie the object of
obligations in which theie is only one uebtoi anu only one cieuitoi uoes not altei
oi mouify the piovisions of Chaptei 2 of this Title. (1149)
Article 1224. A joint inuivisible obligation gives iise to inuemnity foi uamages
fiom the time anyone of the uebtois uoes not comply with his unueitaking. The
uebtois who may have been ieauy to fulfill theii piomises shall not contiibute to
the inuemnity beyonu the coiiesponuing poition of the piice of the thing oi of
the value of the seivice in which the obligation consists. (11Su)
Article 1225. Foi the puiposes of the pieceuing aiticles, obligations to give
uefinite things anu those which aie not susceptible of paitial peifoimance shall
be ueemeu to be inuivisible.
When the obligation has foi its object the execution of a ceitain numbei of uays
of woik, the accomplishment of woik by metiical units, oi analogous things
which by theii natuie aie susceptible of paitial peifoimance, it shall be uivisible.
Bowevei, even though the object oi seivice may be physically uivisible, an
obligation is inuivisible if so pioviueu by law oi intenueu by the paities.
In obligations not to uo, uivisibility oi inuivisibility shall be ueteimineu by the
chaiactei of the piestation in each paiticulai case. (11S1a)
SECTIUN
Ubligations witb a Penal Clause
Article 122. In obligations with a penal clause, the penalty shall substitute the
inuemnity foi uamages anu the payment of inteiests in case of noncompliance, if
theie is no stipulation to the contiaiy. Neveitheless, uamages shall be paiu if the
obligoi iefuses to pay the penalty oi is guilty of fiauu in the fulfillment of the
obligation.
The penalty may be enfoiceu only when it is uemanuable in accoiuance with the
piovisions of this Coue. (11S2a)
Article 1227. The uebtoi cannot exempt himself fiom the peifoimance of the
obligation by paying the penalty, save in the case wheie this iight has been
expiessly ieseiveu foi him. Neithei can the cieuitoi uemanu the fulfillment of
the obligation anu the satisfaction of the penalty at the same time, unless this
iight has been cleaily gianteu him. Bowevei, if aftei the cieuitoi has ueciueu to
iequiie the fulfillment of the obligation, the peifoimance theieof shoulu become
impossible without his fault, the penalty may be enfoiceu. (11SSa)
Article 1228. Pioof of actual uamages suffeieu by the cieuitoi is not necessaiy
in oiuei that the penalty may be uemanueu. (n)
Article 1229. The juuge shall equitably ieuuce the penalty when the piincipal
obligation has been paitly oi iiiegulaily complieu with by the uebtoi. Even if
theie has been no peifoimance, the penalty may also be ieuuceu by the couits if
it is iniquitous oi unconscionable. (11S4a)
Article 1230. The nullity of the penal clause uoes not caiiy with it that of the
piincipal obligation.
The nullity of the piincipal obligation caiiies with it that of the penal clause.
(11SS)
CHAPTER 4
Extinguisbment of Ubligations
Ceneral Provisions
Article 1231. 0bligations aie extinguisheu:
(1) By payment oi peifoimance;
(2) By the loss of the thing uue;
(S) By the conuonation oi iemission of the uebt;
(4) By the confusion oi meigei of the iights of cieuitoi anu uebtoi;
(S) By compensation;
(6) By novation.
0thei causes of extinguishment of obligations, such as annulment, iescission,
fulfillment of a iesolutoiy conuition, anu piesciiption, aie goveineu elsewheie in
this Coue. (11S6a)
SECTIUN 1
Payment or Performance
Article 1232. Payment means not only the ueliveiy of money but also the
peifoimance, in any othei mannei, of an obligation. (n)
Article 1233. A uebt shall not be unueistoou to have been paiu unless the thing
oi seivice in which the obligation consists has been completely ueliveieu oi
ienueieu, as the case may be. (11S7)
Article 1234. If the obligation has been substantially peifoimeu in goou faith,
the obligoi may iecovei as though theie hau been a stiict anu complete
fulfillment, less uamages suffeieu by the obligee. (n)
Article 1235. When the obligee accepts the peifoimance, knowing its
incompleteness oi iiiegulaiity, anu without expiessing any piotest oi objection,
the obligation is ueemeu fully complieu with. (n)
Article 123. The cieuitoi is not bounu to accept payment oi peifoimance by a
thiiu peison who has no inteiest in the fulfillment of the obligation, unless theie
is a stipulation to the contiaiy.
Whoevei pays foi anothei may uemanu fiom the uebtoi what he has paiu, except
that if he paiu without the knowleuge oi against the will of the uebtoi, he can
iecovei only insofai as the payment has been beneficial to the uebtoi. (11S8a)
Article 1237. Whoevei pays on behalf of the uebtoi without the knowleuge oi
against the will of the lattei, cannot compel the cieuitoi to subiogate him in his
iights, such as those aiising fiom a moitgage, guaianty, oi penalty. (11S9a)
Article 1238. Payment maue by a thiiu peison who uoes not intenu to be
ieimbuiseu by the uebtoi is ueemeu to be a uonation, which iequiies the
uebtoi's consent. But the payment is in any case valiu as to the cieuitoi who has
accepteu it. (n)
Article 1239. In obligations to give, payment maue by one who uoes not have
the fiee uisposal of the thing uue anu capacity to alienate it shall not be valiu,
without piejuuice to the piovisions of aiticle 1427 unuei the Title on "Natuial
0bligations." (116ua)
Article 1240. Payment shall be maue to the peison in whose favoi the obligation
has been constituteu, oi his successoi in inteiest, oi any peison authoiizeu to
ieceive it. (1162a)
Article 1241. Payment to a peison who is incapacitateu to auministei his
piopeity shall be valiu if he has kept the thing ueliveieu, oi insofai as the
payment has been beneficial to him.
Payment maue to a thiiu peison shall also be valiu insofai as it has ieuounueu to
the benefit of the cieuitoi. Such benefit to the cieuitoi neeu not be pioveu in the
following cases:
(1) If aftei the payment, the thiiu peison acquiies the cieuitoi's iights;
(2) If the cieuitoi iatifies the payment to the thiiu peison;
(S) If by the cieuitoi's conuuct, the uebtoi has been leu to believe that the thiiu
peison hau authoiity to ieceive the payment. (116Sa)
Article 1242. Payment maue in goou faith to any peison in possession of the
cieuit shall ielease the uebtoi. (1164)
Article 1243. Payment maue to the cieuitoi by the uebtoi aftei the lattei has
been juuicially oiueieu to ietain the uebt shall not be valiu. (116S)
Article 1244. The uebtoi of a thing cannot compel the cieuitoi to ieceive a
uiffeient one, although the lattei may be of the same value as, oi moie valuable
than that which is uue.
In obligations to uo oi not to uo, an act oi foibeaiance cannot be substituteu by
anothei act oi foibeaiance against the obligee's will. (1166a)
Article 1245. Bation in payment, wheieby piopeity is alienateu to the cieuitoi
in satisfaction of a uebt in money, shall be goveineu by the law of sales. (n)
Article 124. When the obligation consists in the ueliveiy of an inueteiminate
oi geneiic thing, whose quality anu ciicumstances have not been stateu, the
cieuitoi cannot uemanu a thing of supeiioi quality. Neithei can the uebtoi
uelivei a thing of infeiioi quality. The puipose of the obligation anu othei
ciicumstances shall be taken into consiueiation. (1167a)
Article 1247. 0nless it is otheiwise stipulateu, the extiajuuicial expenses
iequiieu by the payment shall be foi the account of the uebtoi. With iegaiu to
juuicial costs, the Rules of Couit shall govein. (1168a)
Article 1248. 0nless theie is an expiess stipulation to that effect, the cieuitoi
cannot be compelleu paitially to ieceive the piestations in which the obligation
consists. Neithei may the uebtoi be iequiieu to make paitial payments.
Bowevei, when the uebt is in pait liquiuateu anu in pait unliquiuateu, the
cieuitoi may uemanu anu the uebtoi may effect the payment of the foimei
without waiting foi the liquiuation of the lattei. (1169a)
Article 1249. The payment of uebts in money shall be maue in the cuiiency
stipulateu, anu if it is not possible to uelivei such cuiiency, then in the cuiiency
which is legal tenuei in the Philippines.
The ueliveiy of piomissoiy notes payable to oiuei, oi bills of exchange oi othei
meicantile uocuments shall piouuce the effect of payment only when they have
been casheu, oi when thiough the fault of the cieuitoi they have been impaiieu.
In the meantime, the action ueiiveu fiom the oiiginal obligation shall be helu in
the abeyance. (117u)
Article 1250. In case an extiaoiuinaiy inflation oi ueflation of the cuiiency
stipulateu shoulu supeivene, the value of the cuiiency at the time of the
establishment of the obligation shall be the basis of payment, unless theie is an
agieement to the contiaiy. (n)
Article 1251. Payment shall be maue in the place uesignateu in the obligation.
Theie being no expiess stipulation anu if the unueitaking is to uelivei a
ueteiminate thing, the payment shall be maue wheievei the thing might be at the
moment the obligation was constituteu.
In any othei case the place of payment shall be the uomicile of the uebtoi.
If the uebtoi changes his uomicile in bau faith oi aftei he has incuiieu in uelay,
the auuitional expenses shall be boine by him.
These piovisions aie without piejuuice to venue unuei the Rules of Couit.
(1171a)
SUBSECTIUN 1. Application of Payments
Article 1252. Be who has vaiious uebts of the same kinu in favoi of one anu the
same cieuitoi, may ueclaie at the time of making the payment, to which of them
the same must be applieu. 0nless the paities so stipulate, oi when the
application of payment is maue by the paity foi whose benefit the teim has been
constituteu, application shall not be maue as to uebts which aie not yet uue.
If the uebtoi accepts fiom the cieuitoi a ieceipt in which an application of the
payment is maue, the foimei cannot complain of the same, unless theie is a
cause foi invaliuating the contiact. (1172a)
Article 1253. If the uebt piouuces inteiest, payment of the piincipal shall not be
ueemeu to have been maue until the inteiests have been coveieu. (117S)
Article 1254. When the payment cannot be applieu in accoiuance with the
pieceuing iules, oi if application can not be infeiieu fiom othei ciicumstances,
the uebt which is most oneious to the uebtoi, among those uue, shall be ueemeu
to have been satisfieu.
If the uebts uue aie of the same natuie anu buiuen, the payment shall be applieu
to all of them piopoitionately. (1174a)
SUBSECTIUN 2. Payment by Cession
Article 1255. The uebtoi may ceue oi assign his piopeity to his cieuitois in
payment of his uebts. This cession, unless theie is stipulation to the contiaiy,
shall only ielease the uebtoi fiom iesponsibility foi the net pioceeus of the thing
assigneu. The agieements which, on the effect of the cession, aie maue between
the uebtoi anu his cieuitois shall be goveineu by special laws. (117Sa)
SUBSECTIUN 3. Tender of Payment and Consignation
Article 125. If the cieuitoi to whom tenuei of payment has been maue iefuses
without just cause to accept it, the uebtoi shall be ieleaseu fiom iesponsibility
by the consignation of the thing oi sum uue.
Consignation alone shall piouuce the same effect in the following cases:
(1) When the cieuitoi is absent oi unknown, oi uoes not appeai at the place of
payment;
(2) When he is incapacitateu to ieceive the payment at the time it is uue;
(S) When, without just cause, he iefuses to give a ieceipt;
(4) When two oi moie peisons claim the same iight to collect;
(S) When the title of the obligation has been lost. (1176a)
Article 1257. In oiuei that the consignation of the thing uue may ielease the
obligoi, it must fiist be announceu to the peisons inteiesteu in the fulfillment of
the obligation.
The consignation shall be ineffectual if it is not maue stiictly in consonance with
the piovisions which iegulate payment. (1177)
Article 1258. Consignation shall be maue by uepositing the things uue at the
uisposal of juuicial authoiity, befoie whom the tenuei of payment shall be
pioveu, in a piopei case, anu the announcement of the consignation in othei
cases.
The consignation having been maue, the inteiesteu paities shall also be notifieu
theieof. (1178)
Article 1259. The expenses of consignation, when piopeily maue, shall be
chaigeu against the cieuitoi. (1179)
Article 120. 0nce the consignation has been uuly maue, the uebtoi may ask the
juuge to oiuei the cancellation of the obligation.
Befoie the cieuitoi has accepteu the consignation, oi befoie a juuicial
ueclaiation that the consignation has been piopeily maue, the uebtoi may
withuiaw the thing oi the sum uepositeu, allowing the obligation to iemain in
foice. (118u)
Article 121. If, the consignation having been maue, the cieuitoi shoulu
authoiize the uebtoi to withuiaw the same, he shall lose eveiy piefeience which
he may have ovei the thing. The co-uebtois, guaiantois anu suieties shall be
ieleaseu. (1181a)
SECTIUN 2
Loss of tbe Tbing Due
Article 122. An obligation which consists in the ueliveiy of a ueteiminate thing
shall be extinguisheu if it shoulu be lost oi uestioyeu without the fault of the
uebtoi, anu befoie he has incuiieu in uelay.
When by law oi stipulation, the obligoi is liable even foi foituitous events, the
loss of the thing uoes not extinguish the obligation, anu he shall be iesponsible
foi uamages. The same iule applies when the natuie of the obligation iequiies
the assumption of iisk. (1182a)
Article 123. In an obligation to uelivei a geneiic thing, the loss oi uestiuction
of anything of the same kinu uoes not extinguish the obligation. (n)
Article 124. The couits shall ueteimine whethei, unuei the ciicumstances, the
paitial loss of the object of the obligation is so impoitant as to extinguish the
obligation. (n)
Article 125. Whenevei the thing is lost in the possession of the uebtoi, it shall
be piesumeu that the loss was uue to his fault, unless theie is pioof to the
contiaiy, anu without piejuuice to the piovisions of aiticle 116S. This
piesumption uoes not apply in case of eaithquake, floou, stoim, oi othei natuial
calamity. (118Sa)
Article 12. The uebtoi in obligations to uo shall also be ieleaseu when the
piestation becomes legally oi physically impossible without the fault of the
obligoi. (1184a)
Article 127. When the seivice has become so uifficult as to be manifestly
beyonu the contemplation of the paities, the obligoi may also be ieleaseu
theiefiom, in whole oi in pait. (n)
Article 128. When the uebt of a thing ceitain anu ueteiminate pioceeus fiom a
ciiminal offense, the uebtoi shall not be exempteu fiom the payment of its piice,
whatevei may be the cause foi the loss, unless the thing having been offeieu by
him to the peison who shoulu ieceive it, the lattei iefuseu without justification
to accept it. (118S)
Article 129. The obligation having been extinguisheu by the loss of the thing,
the cieuitoi shall have all the iights of action which the uebtoi may have against
thiiu peisons by ieason of the loss. (1186)
SECTIUN 3
Condonation or Remission of tbe Debt
Article 1270. Conuonation oi iemission is essentially giatuitous, anu iequiies
the acceptance by the obligoi. It may be maue expiessly oi implieuly.
0ne anu the othei kinu shall be subject to the iules which govein inofficious
uonations. Expiess conuonation shall, fuitheimoie, comply with the foims of
uonation. (1187)
Article 1271. The ueliveiy of a piivate uocument eviuencing a cieuit, maue
voluntaiily by the cieuitoi to the uebtoi, implies the ienunciation of the action
which the foimei hau against the lattei.
If in oiuei to nullify this waivei it shoulu be claimeu to be inofficious, the uebtoi
anu his heiis may upholu it by pioving that the ueliveiy of the uocument was
maue in viitue of payment of the uebt. (1188)
Article 1272. Whenevei the piivate uocument in which the uebt appeais is
founu in the possession of the uebtoi, it shall be piesumeu that the cieuitoi
ueliveieu it voluntaiily, unless the contiaiy is pioveu. (1189)
Article 1273. The ienunciation of the piincipal uebt shall extinguish the
accessoiy obligations; but the waivei of the lattei shall leave the foimei in foice.
(119u)
Article 1274. It is piesumeu that the accessoiy obligation of pleuge has been
iemitteu when the thing pleugeu, aftei its ueliveiy to the cieuitoi, is founu in the
possession of the uebtoi, oi of a thiiu peison who owns the thing. (1191a)
SECTIUN 4
Confusion or Merger of Rigbts
Article 1275. The obligation is extinguisheu fiom the time the chaiacteis of
cieuitoi anu uebtoi aie meigeu in the same peison. (1192a)
Article 127. Neigei which takes place in the peison of the piincipal uebtoi oi
cieuitoi benefits the guaiantois. Confusion which takes place in the peison of
any of the lattei uoes not extinguish the obligation. (119S)
Article 1277. Confusion uoes not extinguish a joint obligation except as iegaius
the shaie coiiesponuing to the cieuitoi oi uebtoi in whom the two chaiacteis
concui. (1194)
SECTIUN 5
Compensation
Article 1278. Compensation shall take place when two peisons, in theii own
iight, aie cieuitois anu uebtois of each othei. (119S)
Article 1279. In oiuei that compensation may be piopei, it is necessaiy:
(1) That each one of the obligois be bounu piincipally, anu that he be at the same
time a piincipal cieuitoi of the othei;
(2) That both uebts consist in a sum of money, oi if the things uue aie
consumable, they be of the same kinu, anu also of the same quality if the lattei
has been stateu;
(S) That the two uebts be uue;
(4) That they be liquiuateu anu uemanuable;
(S) That ovei neithei of them theie be any ietention oi contioveisy, commenceu
by thiiu peisons anu communicateu in uue time to the uebtoi. (1196)
Article 1280. Notwithstanuing the piovisions of the pieceuing aiticle, the
guaiantoi may set up compensation as iegaius what the cieuitoi may owe the
piincipal uebtoi. (1197)
Article 1281. Compensation may be total oi paitial. When the two uebts aie of
the same amount, theie is a total compensation. (n)
Article 1282. The paities may agiee upon the compensation of uebts which aie
not yet uue. (n)
Article 1283. If one of the paities to a suit ovei an obligation has a claim foi
uamages against the othei, the foimei may set it off by pioving his iight to saiu
uamages anu the amount theieof. (n)
Article 1284. When one oi both uebts aie iescissible oi voiuable, they may be
compensateu against each othei befoie they aie juuicially iescinueu oi avoiueu.
(n)
Article 1285. The uebtoi who has consenteu to the assignment of iights maue
by a cieuitoi in favoi of a thiiu peison, cannot set up against the assignee the
compensation which woulu peitain to him against the assignoi, unless the
assignoi was notifieu by the uebtoi at the time he gave his consent, that he
ieseiveu his iight to the compensation.
If the cieuitoi communicateu the cession to him but the uebtoi uiu not consent
theieto, the lattei may set up the compensation of uebts pievious to the cession,
but not of subsequent ones.
If the assignment is maue without the knowleuge of the uebtoi, he may set up
the compensation of all cieuits piioi to the same anu also latei ones until he hau
knowleuge of the assignment. (1198a)
Article 128. Compensation takes place by opeiation of law, even though the
uebts may be payable at uiffeient places, but theie shall be an inuemnity foi
expenses of exchange oi tianspoitation to the place of payment. (1199a)
Article 1287. Compensation shall not be piopei when one of the uebts aiises
fiom a uepositum oi fiom the obligations of a uepositaiy oi of a bailee in
commouatum.
Neithei can compensation be set up against a cieuitoi who has a claim foi
suppoit uue by giatuitous title, without piejuuice to the piovisions of paiagiaph
2 of aiticle Su1. (12uua)
Article 1288. Neithei shall theie be compensation if one of the uebts consists in
civil liability aiising fiom a penal offense. (n)
Article 1289. If a peison shoulu have against him seveial uebts which aie
susceptible of compensation, the iules on the application of payments shall apply
to the oiuei of the compensation. (12u1)
Article 1290. When all the iequisites mentioneu in aiticle 1279 aie piesent,
compensation takes effect by opeiation of law, anu extinguishes both uebts to
the concuiient amount, even though the cieuitois anu uebtois aie not awaie of
the compensation. (12u2a)
SECTIUN
Novation
Article 1291. 0bligations may be mouifieu by:
(1) Changing theii object oi piincipal conuitions;
(2) Substituting the peison of the uebtoi;
(S) Subiogating a thiiu peison in the iights of the cieuitoi. (12uS)
Article 1292. In oiuei that an obligation may be extinguisheu by anothei which
substitute the same, it is impeiative that it be so ueclaieu in unequivocal teims,
oi that the olu anu the new obligations be on eveiy point incompatible with each
othei. (12u4)
Article 1293. Novation which consists in substituting a new uebtoi in the place
of the oiiginal one, may be maue even without the knowleuge oi against the will
of the lattei, but not without the consent of the cieuitoi. Payment by the new
uebtoi gives him the iights mentioneu in aiticles 12S6 anu 12S7. (12uSa)
Article 1294. If the substitution is without the knowleuge oi against the will of
the uebtoi, the new uebtoi's insolvency oi non-fulfillment of the obligations shall
not give iise to any liability on the pait of the oiiginal uebtoi. (n)
Article 1295. The insolvency of the new uebtoi, who has been pioposeu by the
oiiginal uebtoi anu accepteu by the cieuitoi, shall not ievive the action of the
lattei against the oiiginal obligoi, except when saiu insolvency was alieauy
existing anu of public knowleuge, oi known to the uebtoi, when the uelegateu his
uebt. (12u6a)
Article 129. When the piincipal obligation is extinguisheu in consequence of a
novation, accessoiy obligations may subsist only insofai as they may benefit
thiiu peisons who uiu not give theii consent. (12u7)
Article 1297. If the new obligation is voiu, the oiiginal one shall subsist, unless
the paities intenueu that the foimei ielation shoulu be extinguisheu in any
event. (n)
Article 1298. The novation is voiu if the oiiginal obligation was voiu, except
when annulment may be claimeu only by the uebtoi oi when iatification
valiuates acts which aie voiuable. (12u8a)
Article 1299. If the oiiginal obligation was subject to a suspensive oi iesolutoiy
conuition, the new obligation shall be unuei the same conuition, unless it is
otheiwise stipulateu. (n)
Article 1300. Subiogation of a thiiu peison in the iights of the cieuitoi is eithei
legal oi conventional. The foimei is not piesumeu, except in cases expiessly
mentioneu in this Coue; the lattei must be cleaily establisheu in oiuei that it may
take effect. (12u9a)
Article 1301. Conventional subiogation of a thiiu peison iequiies the consent of
the oiiginal paities anu of the thiiu peison. (n)
Article 1302. It is piesumeu that theie is legal subiogation:
(1) When a cieuitoi pays anothei cieuitoi who is piefeiieu, even without the
uebtoi's knowleuge;
(2) When a thiiu peison, not inteiesteu in the obligation, pays with the expiess
oi tacit appioval of the uebtoi;
(S) When, even without the knowleuge of the uebtoi, a peison inteiesteu in the
fulfillment of the obligation pays, without piejuuice to the effects of confusion as
to the lattei's shaie. (121ua)
Article 1303. Subiogation tiansfeis to the peisons subiogateu the cieuit with all
the iights theieto appeitaining, eithei against the uebtoi oi against thiiu peison,
be they guaiantois oi possessois of moitgages, subject to stipulation in a
conventional subiogation. (1212a)
Article 1304. A cieuitoi, to whom paitial payment has been maue, may exeicise
his iight foi the iemainuei, anu he shall be piefeiieu to the peison who has been
subiogateu in his place in viitue of the paitial payment of the same cieuit.
(121S)
TITLE II
CUNTRACTS
CHAPTER 1
Ceneral Provisions
Article 1305. A contiact is a meeting of minus between two peisons wheieby
one binus himself, with iespect to the othei, to give something oi to ienuei some
seivice. (12S4a)
Article 130. The contiacting paities may establish such stipulations, clauses,
teims anu conuitions as they may ueem convenient, pioviueu they aie not
contiaiy to law, moials, goou customs, public oiuei, oi public policy. (12SSa)
Article 1307. Innominate contiacts shall be iegulateu by the stipulations of the
paities, by the piovisions of Titles I anu II of this Book, by the iules goveining the
most analogous nominate contiacts, anu by the customs of the place. (n)
Article 1308. The contiact must binu both contiacting paities; its valiuity oi
compliance cannot be left to the will of one of them. (12S6a)
Article 1309. The ueteimination of the peifoimance may be left to a thiiu
peison, whose uecision shall not be binuing until it has been maue known to
both contiacting paities. (n)
Article 1310. The ueteimination shall not be obligatoiy if it is eviuently
inequitable. In such case, the couits shall ueciue what is equitable unuei the
ciicumstances. (n)
Article 1311. Contiacts take effect only between the paities, theii assigns anu
heiis, except in case wheie the iights anu obligations aiising fiom the contiact
aie not tiansmissible by theii natuie, oi by stipulation oi by piovision of law.
The heii is not liable beyonu the value of the piopeity he ieceiveu fiom the
ueceuent.
If a contiact shoulu contain some stipulation in favoi of a thiiu peison, he may
uemanu its fulfillment pioviueu he communicateu his acceptance to the obligoi
befoie its ievocation. A meie inciuental benefit oi inteiest of a peison is not
sufficient. The contiacting paities must have cleaily anu uelibeiately confeiieu a
favoi upon a thiiu peison. (12S7a)
Article 1312. In contiacts cieating ieal iights, thiiu peisons who come into
possession of the object of the contiact aie bounu theieby, subject to the
piovisions of the Noitgage Law anu the Lanu Registiation Laws. (n)
Article 1313. Cieuitois aie piotecteu in cases of contiacts intenueu to uefiauu
them. (n)
Article 1314. Any thiiu peison who inuuces anothei to violate his contiact shall
be liable foi uamages to the othei contiacting paity. (n)
Article 1315. Contiacts aie peifecteu by meie consent, anu fiom that moment
the paities aie bounu not only to the fulfillment of what has been expiessly
stipulateu but also to all the consequences which, accoiuing to theii natuie, may
be in keeping with goou faith, usage anu law. (12S8)
Article 131. Real contiacts, such as ueposit, pleuge anu commouatum, aie not
peifecteu until the ueliveiy of the object of the obligation. (n)
Article 1317. No one may contiact in the name of anothei without being
authoiizeu by the lattei, oi unless he has by law a iight to iepiesent him.
A contiact enteieu into in the name of anothei by one who has no authoiity oi
legal iepiesentation, oi who has acteu beyonu his poweis, shall be
unenfoiceable, unless it is iatifieu, expiessly oi implieuly, by the peison on
whose behalf it has been executeu, befoie it is ievokeu by the othei contiacting
paity. (12S9a)
CHAPTER 2
Essential Requisites of Contracts
Ceneral Provisions
Article 1318. Theie is no contiact unless the following iequisites concui:
(1) Consent of the contiacting paities;
(2) 0bject ceitain which is the subject mattei of the contiact;
(S) Cause of the obligation which is establisheu. (1261)
SECTIUN 1
Consent
Article 1319. Consent is manifesteu by the meeting of the offei anu the
acceptance upon the thing anu the cause which aie to constitute the contiact.
The offei must be ceitain anu the acceptance absolute. A qualifieu acceptance
constitutes a countei-offei.
Acceptance maue by lettei oi telegiam uoes not binu the offeiei except fiom the
time it came to his knowleuge. The contiact, in such a case, is piesumeu to have
been enteieu into in the place wheie the offei was maue. (1262a)
Article 1320. An acceptance may be expiess oi implieu. (n)
Article 1321. The peison making the offei may fix the time, place, anu mannei
of acceptance, all of which must be complieu with. (n)
Article 1322. An offei maue thiough an agent is accepteu fiom the time
acceptance is communicateu to him. (n)
Article 1323. An offei becomes ineffective upon the ueath, civil inteiuiction,
insanity, oi insolvency of eithei paity befoie acceptance is conveyeu. (n)
Article 1324. When the offeiei has alloweu the offeiee a ceitain peiiou to
accept, the offei may be withuiawn at any time befoie acceptance by
communicating such withuiawal, except when the option is founueu upon a
consiueiation, as something paiu oi piomiseu. (n)
Article 1325. 0nless it appeais otheiwise, business auveitisements of things foi
sale aie not uefinite offeis, but meie invitations to make an offei. (n)
Article 132. Auveitisements foi biuueis aie simply invitations to make
pioposals, anu the auveitisei is not bounu to accept the highest oi lowest biuuei,
unless the contiaiy appeais. (n)
Article 1327. The following cannot give consent to a contiact:
(1) 0nemancipateu minois;
(2) Insane oi uementeu peisons, anu ueaf-mutes who uo not know how to wiite.
(126Sa)
Article 1328. Contiacts enteieu into uuiing a luciu inteival aie valiu. Contiacts
agieeu to in a state of uiunkenness oi uuiing a hypnotic spell aie voiuable. (n)
Article 1329. The incapacity ueclaieu in aiticle 1S27 is subject to the
mouifications ueteimineu by law, anu is unueistoou to be without piejuuice to
special uisqualifications establisheu in the laws. (1264)
Article 1330. A contiact wheie consent is given thiough mistake, violence,
intimiuation, unuue influence, oi fiauu is voiuable. (126Sa)
Article 1331. In oiuei that mistake may invaliuate consent, it shoulu iefei to the
substance of the thing which is the object of the contiact, oi to those conuitions
which have piincipally moveu one oi both paities to entei into the contiact.
Nistake as to the iuentity oi qualifications of one of the paities will vitiate
consent only when such iuentity oi qualifications have been the piincipal cause
of the contiact.
A simple mistake of account shall give iise to its coiiection. (1266a)
Article 1332. When one of the paities is unable to ieau, oi if the contiact is in a
language not unueistoou by him, anu mistake oi fiauu is allegeu, the peison
enfoicing the contiact must show that the teims theieof have been fully
explaineu to the foimei. (n)
Article 1333. Theie is no mistake if the paity alleging it knew the uoubt,
contingency oi iisk affecting the object of the contiact. (n)
Article 1334. Nutual eiioi as to the legal effect of an agieement when the ieal
puipose of the paities is fiustiateu, may vitiate consent. (n)
Article 1335. Theie is violence when in oiuei to wiest consent, seiious oi
iiiesistible foice is employeu.
Theie is intimiuation when one of the contiacting paities is compelleu by a
ieasonable anu well-giounueu feai of an imminent anu giave evil upon his
peison oi piopeity, oi upon the peison oi piopeity of his spouse, uescenuants
oi ascenuants, to give his consent.
To ueteimine the uegiee of intimiuation, the age, sex anu conuition of the peison
shall be boine in minu.
A thieat to enfoice one's claim thiough competent authoiity, if the claim is just
oi legal, uoes not vitiate consent. (1267a)
Article 133. violence oi intimiuation shall annul the obligation, although it
may have been employeu by a thiiu peison who uiu not take pait in the contiact.
(1268)
Article 1337. Theie is unuue influence when a peison takes impiopei auvantage
of his powei ovei the will of anothei, uepiiving the lattei of a ieasonable
fieeuom of choice. The following ciicumstances shall be consiueieu: the
confiuential, family, spiiitual anu othei ielations between the paities, oi the fact
that the peison allegeu to have been unuuly influenceu was suffeiing fiom
mental weakness, oi was ignoiant oi in financial uistiess. (n)
Article 1338. Theie is fiauu when, thiough insiuious woius oi machinations of
one of the contiacting paities, the othei is inuuceu to entei into a contiact which,
without them, he woulu not have agieeu to. (1269)
Article 1339. Failuie to uisclose facts, when theie is a uuty to ieveal them, as
when the paities aie bounu by confiuential ielations, constitutes fiauu. (n)
Article 1340. The usual exaggeiations in tiaue, when the othei paity hau an
oppoitunity to know the facts, aie not in themselves fiauuulent. (n)
Article 1341. A meie expiession of an opinion uoes not signify fiauu, unless
maue by an expeit anu the othei paity has ielieu on the foimei's special
knowleuge. (n)
Article 1342. Nisiepiesentation by a thiiu peison uoes not vitiate consent,
unless such misiepiesentation has cieateu substantial mistake anu the same is
mutual. (n)
Article 1343. Nisiepiesentation maue in goou faith is not fiauuulent but may
constitute eiioi. (n)
Article 1344. In oiuei that fiauu may make a contiact voiuable, it shoulu be
seiious anu shoulu not have been employeu by both contiacting paities.
Inciuental fiauu only obliges the peison employing it to pay uamages. (127u)
Article 1345. Simulation of a contiact may be absolute oi ielative. The foimei
takes place when the paities uo not intenu to be bounu at all; the lattei, when the
paities conceal theii tiue agieement. (n)
Article 134. An absolutely simulateu oi fictitious contiact is voiu. A ielative
simulation, when it uoes not piejuuice a thiiu peison anu is not intenueu foi any
puipose contiaiy to law, moials, goou customs, public oiuei oi public policy
binus the paities to theii ieal agieement. (n)
SECTIUN 2
Ub|ect of Contracts
Article 1347. All things which aie not outsiue the commeice of men, incluuing
futuie things, may be the object of a contiact. All iights which aie not
intiansmissible may also be the object of contiacts.
No contiact may be enteieu into upon futuie inheiitance except in cases
expiessly authoiizeu by law.
All seivices which aie not contiaiy to law, moials, goou customs, public oiuei oi
public policy may likewise be the object of a contiact. (1271a)
Article 1348. Impossible things oi seivices cannot be the object of contiacts.
(1272)
Article 1349. The object of eveiy contiact must be ueteiminate as to its kinu.
The fact that the quantity is not ueteiminate shall not be an obstacle to the
existence of the contiact, pioviueu it is possible to ueteimine the same, without
the neeu of a new contiact between the paities. (127S)
SECTIUN 3
Cause of Contracts
Article 1350. In oneious contiacts the cause is unueistoou to be, foi each
contiacting paity, the piestation oi piomise of a thing oi seivice by the othei; in
iemuneiatoiy ones, the seivice oi benefit which is iemuneiateu; anu in
contiacts of puie beneficence, the meie libeiality of the benefactoi. (1274)
Article 1351. The paiticulai motives of the paities in enteiing into a contiact
aie uiffeient fiom the cause theieof. (n)
Article 1352. Contiacts without cause, oi with unlawful cause, piouuce no effect
whatevei. The cause is unlawful if it is contiaiy to law, moials, goou customs,
public oiuei oi public policy. (127Sa)
Article 1353. The statement of a false cause in contiacts shall ienuei them voiu,
if it shoulu not be pioveu that they weie founueu upon anothei cause which is
tiue anu lawful. (1276)
Article 1354. Although the cause is not stateu in the contiact, it is piesumeu that
it exists anu is lawful, unless the uebtoi pioves the contiaiy. (1277)
Article 1355. Except in cases specifieu by law, lesion oi inauequacy of cause
shall not invaliuate a contiact, unless theie has been fiauu, mistake oi unuue
influence. (n)
CHAPTER 3
Form of Contracts
Article 135. Contiacts shall be obligatoiy, in whatevei foim they may have
been enteieu into, pioviueu all the essential iequisites foi theii valiuity aie
piesent. Bowevei, when the law iequiies that a contiact be in some foim in
oiuei that it may be valiu oi enfoiceable, oi that a contiact be pioveu in a ceitain
way, that iequiiement is absolute anu inuispensable. In such cases, the iight of
the paities stateu in the following aiticle cannot be exeiciseu. (1278a)
Article 1357. If the law iequiies a uocument oi othei special foim, as in the acts
anu contiacts enumeiateu in the following aiticle, the contiacting paities may
compel each othei to obseive that foim, once the contiact has been peifecteu.
This iight may be exeiciseu simultaneously with the action upon the contiact.
(1279a)
Article 1358. The following must appeai in a public uocument:
(1) Acts anu contiacts which have foi theii object the cieation, tiansmission,
mouification oi extinguishment of ieal iights ovei immovable piopeity; sales of
ieal piopeity oi of an inteiest theiein aie goveineu by aiticles 14uS, No. 2, anu
14uS;
(2) The cession, iepuuiation oi ienunciation of heieuitaiy iights oi of those of
the conjugal paitneiship of gains;
(S) The powei to auministei piopeity, oi any othei powei which has foi its
object an act appeaiing oi which shoulu appeai in a public uocument, oi shoulu
piejuuice a thiiu peison;
(4) The cession of actions oi iights pioceeuing fiom an act appeaiing in a public
uocument.
All othei contiacts wheie the amount involveu exceeus five hunuieu pesos must
appeai in wiiting, even a piivate one. But sales of goous, chattels oi things in
action aie goveineu by aiticles, 14uS, No. 2 anu 14uS. (128ua)
CHAPTER 4
Reformation of Instruments (n)
Article 1359. When, theie having been a meeting of the minus of the paities to a
contiact, theii tiue intention is not expiesseu in the instiument puipoiting to
embouy the agieement, by ieason of mistake, fiauu, inequitable conuuct oi
acciuent, one of the paities may ask foi the iefoimation of the instiument to the
enu that such tiue intention may be expiesseu.
If mistake, fiauu, inequitable conuuct, oi acciuent has pieventeu a meeting of the
minus of the paities, the piopei iemeuy is not iefoimation of the instiument but
annulment of the contiact.
Article 130. The piinciples of the geneial law on the iefoimation of
instiuments aie heieby auopteu insofai as they aie not in conflict with the
piovisions of this Coue.
Article 131. When a mutual mistake of the paities causes the failuie of the
instiument to uisclose theii ieal agieement, saiu instiument may be iefoimeu.
Article 132. If one paity was mistaken anu the othei acteu fiauuulently oi
inequitably in such a way that the instiument uoes not show theii tiue intention,
the foimei may ask foi the iefoimation of the instiument.
Article 133. When one paity was mistaken anu the othei knew oi believeu that
the instiument uiu not state theii ieal agieement, but concealeu that fact fiom
the foimei, the instiument may be iefoimeu.
Article 134. When thiough the ignoiance, lack of skill, negligence oi bau faith
on the pait of the peison uiafting the instiument oi of the cleik oi typist, the
instiument uoes not expiess the tiue intention of the paities, the couits may
oiuei that the instiument be iefoimeu.
Article 135. If two paities agiee upon the moitgage oi pleuge of ieal oi
peisonal piopeity, but the instiument states that the piopeity is solu absolutely
oi with a iight of iepuichase, iefoimation of the instiument is piopei.
Article 13. Theie shall be no iefoimation in the following cases:
(1) Simple uonations intei vivos wheiein no conuition is imposeu;
(2) Wills;
(S) When the ieal agieement is voiu.
Article 137. When one of the paities has biought an action to enfoice the
instiument, he cannot subsequently ask foi its iefoimation.
Article 138. Refoimation may be oiueieu at the instance of eithei paity oi his
successois in inteiest, if the mistake was mutual; otheiwise, upon petition of the
injuieu paity, oi his heiis anu assigns.
Article 139. The pioceuuie foi the iefoimation of instiument shall be
goveineu by iules of couit to be piomulgateu by the Supieme Couit.
CHAPTER 5
Interpretation of Contracts
Article 1370. If the teims of a contiact aie cleai anu leave no uoubt upon the
intention of the contiacting paities, the liteial meaning of its stipulations shall
contiol.
If the woius appeai to be contiaiy to the eviuent intention of the paities, the
lattei shall pievail ovei the foimei. (1281)
Article 1371. In oiuei to juuge the intention of the contiacting paities, theii
contempoianeous anu subsequent acts shall be piincipally consiueieu. (1282)
Article 1372. Bowevei geneial the teims of a contiact may be, they shall not be
unueistoou to compiehenu things that aie uistinct anu cases that aie uiffeient
fiom those upon which the paities intenueu to agiee. (128S)
Article 1373. If some stipulation of any contiact shoulu aumit of seveial
meanings, it shall be unueistoou as beaiing that impoit which is most auequate
to ienuei it effectual. (1284)
Article 1374. The vaiious stipulations of a contiact shall be inteipieteu
togethei, attiibuting to the uoubtful ones that sense which may iesult fiom all of
them taken jointly. (128S)
Article 1375. Woius which may have uiffeient significations shall be
unueistoou in that which is most in keeping with the natuie anu object of the
contiact. (1286)
Article 137. The usage oi custom of the place shall be boine in minu in the
inteipietation of the ambiguities of a contiact, anu shall fill the omission of
stipulations which aie oiuinaiily establisheu. (1287)
Article 1377. The inteipietation of obscuie woius oi stipulations in a contiact
shall not favoi the paity who causeu the obscuiity. (1288)
Article 1378. When it is absolutely impossible to settle uoubts by the iules
establisheu in the pieceuing aiticles, anu the uoubts iefei to inciuental
ciicumstances of a giatuitous contiact, the least tiansmission of iights anu
inteiests shall pievail. If the contiact is oneious, the uoubt shall be settleu in
favoi of the gieatest iecipiocity of inteiests.
If the uoubts aie cast upon the piincipal object of the contiact in such a way that
it cannot be known what may have been the intention oi will of the paities, the
contiact shall be null anu voiu. (1289)
Article 1379. The piinciples of inteipietation stateu in Rule 12S of the Rules of
Couit shall likewise be obseiveu in the constiuction of contiacts. (n)
CHAPTER
Rescissible Contracts
Article 1380. Contiacts valiuly agieeu upon may be iescinueu in the cases
establisheu by law. (129u)
Article 1381. The following contiacts aie iescissible:
(1) Those which aie enteieu into by guaiuians whenevei the waius whom they
iepiesent suffei lesion by moie than one-fouith of the value of the things which
aie the object theieof;
(2) Those agieeu upon in iepiesentation of absentees, if the lattei suffei the
lesion stateu in the pieceuing numbei;
(S) Those unueitaken in fiauu of cieuitois when the lattei cannot in any othei
mannei collect the claims uue them;
(4) Those which iefei to things unuei litigation if they have been enteieu into by
the uefenuant without the knowleuge anu appioval of the litigants oi of
competent juuicial authoiity;
(S) All othei contiacts specially ueclaieu by law to be subject to iescission.
(1291a)
Article 1382. Payments maue in a state of insolvency foi obligations to whose
fulfillment the uebtoi coulu not be compelleu at the time they weie effecteu, aie
also iescissible. (1292)
Article 1383. The action foi iescission is subsiuiaiy; it cannot be instituteu
except when the paity suffeiing uamage has no othei legal means to obtain
iepaiation foi the same. (1294)
Article 1384. Rescission shall be only to the extent necessaiy to covei the
uamages causeu. (n)
Article 1385. Rescission cieates the obligation to ietuin the things which weie
the object of the contiact, togethei with theii fiuits, anu the piice with its
inteiest; consequently, it can be caiiieu out only when he who uemanus
iescission can ietuin whatevei he may be obligeu to iestoie.
Neithei shall iescission take place when the things which aie the object of the
contiact aie legally in the possession of thiiu peisons who uiu not act in bau
faith.
In this case, inuemnity foi uamages may be uemanueu fiom the peison causing
the loss. (129S)
Article 138. Rescission iefeiieu to in Nos. 1 anu 2 of aiticle 1S81 shall not take
place with iespect to contiacts appioveu by the couits. (1296a)
Article 1387. All contiacts by viitue of which the uebtoi alienates piopeity by
giatuitous title aie piesumeu to have been enteieu into in fiauu of cieuitois,
when the uonoi uiu not ieseive sufficient piopeity to pay all uebts contiacteu
befoie the uonation.
Alienations by oneious title aie also piesumeu fiauuulent when maue by
peisons against whom some juugment has been ienueieu in any instance oi
some wiit of attachment has been issueu. The uecision oi attachment neeu not
iefei to the piopeity alienateu, anu neeu not have been obtaineu by the paity
seeking the iescission.
In auuition to these piesumptions, the uesign to uefiauu cieuitois may be
pioveu in any othei mannei iecognizeu by the law of eviuence. (1297a)
Article 1388. Whoevei acquiies in bau faith the things alienateu in fiauu of
cieuitois, shall inuemnify the lattei foi uamages suffeieu by them on account of
the alienation, whenevei, uue to any cause, it shoulu be impossible foi him to
ietuin them.
If theie aie two oi moie alienations, the fiist acquiiei shall be liable fiist, anu so
on successively. (1298a)
Article 1389. The action to claim iescission must be commenceu within foui
yeais.
Foi peisons unuei guaiuianship anu foi absentees, the peiiou of foui yeais shall
not begin until the teimination of the foimei's incapacity, oi until the uomicile of
the lattei is known. (1299)
CHAPTER 7
Voidable Contracts
Article 1390. The following contiacts aie voiuable oi annullable, even though
theie may have been no uamage to the contiacting paities:
(1) Those wheie one of the paities is incapable of giving consent to a contiact;
(2) Those wheie the consent is vitiateu by mistake, violence, intimiuation, unuue
influence oi fiauu.
These contiacts aie binuing, unless they aie annulleu by a piopei action in couit.
They aie susceptible of iatification. (n)
Article 1391. The action foi annulment shall be biought within foui yeais.
This peiiou shall begin:
In cases of intimiuation, violence oi unuue influence, fiom the time the uefect of
the consent ceases.
In case of mistake oi fiauu, fiom the time of the uiscoveiy of the same.
Anu when the action iefeis to contiacts enteieu into by minois oi othei
incapacitateu peisons, fiom the time the guaiuianship ceases. (1Su1a)
Article 1392. Ratification extinguishes the action to annul a voiuable contiact.
(1Su9a)
Article 1393. Ratification may be effecteu expiessly oi tacitly. It is unueistoou
that theie is a tacit iatification if, with knowleuge of the ieason which ienueis
the contiact voiuable anu such ieason having ceaseu, the peison who has a iight
to invoke it shoulu execute an act which necessaiily implies an intention to
waive his iight. (1S11a)
Article 1394. Ratification may be effecteu by the guaiuian of the incapacitateu
peison. (n)
Article 1395. Ratification uoes not iequiie the confoimity of the contiacting
paity who has no iight to biing the action foi annulment. (1S12)
Article 139. Ratification cleanses the contiact fiom all its uefects fiom the
moment it was constituteu. (1S1S)
Article 1397. The action foi the annulment of contiacts may be instituteu by all
who aie theieby obligeu piincipally oi subsiuiaiily. Bowevei, peisons who aie
capable cannot allege the incapacity of those with whom they contiacteu; noi
can those who exeiteu intimiuation, violence, oi unuue influence, oi employeu
fiauu, oi causeu mistake base theii action upon these flaws of the contiact.
(1Su2a)
Article 1398. An obligation having been annulleu, the contiacting paities shall
iestoie to each othei the things which have been the subject mattei of the
contiact, with theii fiuits, anu the piice with its inteiest, except in cases
pioviueu by law.
In obligations to ienuei seivice, the value theieof shall be the basis foi uamages.
(1SuSa)
Article 1399. When the uefect of the contiact consists in the incapacity of one of
the paities, the incapacitateu peison is not obligeu to make any iestitution
except insofai as he has been benefiteu by the thing oi piice ieceiveu by him.
(1Su4)
Article 1400. Whenevei the peison obligeu by the ueciee of annulment to
ietuin the thing can not uo so because it has been lost thiough his fault, he shall
ietuin the fiuits ieceiveu anu the value of the thing at the time of the loss, with
inteiest fiom the same uate. (1Su7a)
Article 1401. The action foi annulment of contiacts shall be extinguisheu when
the thing which is the object theieof is lost thiough the fiauu oi fault of the
peison who has a iight to institute the pioceeuings.
If the iight of action is baseu upon the incapacity of any one of the contiacting
paities, the loss of the thing shall not be an obstacle to the success of the action,
unless saiu loss took place thiough the fiauu oi fault of the plaintiff. (1S14a)
Article 1402. As long as one of the contiacting paities uoes not iestoie what in
viitue of the ueciee of annulment he is bounu to ietuin, the othei cannot be
compelleu to comply with what is incumbent upon him. (1Su8)
CHAPTER 8
Unenforceable Contracts (n)
Article 1403. The following contiacts aie unenfoiceable, unless they aie
iatifieu:
(1) Those enteieu into in the name of anothei peison by one who has been given
no authoiity oi legal iepiesentation, oi who has acteu beyonu his poweis;
(2) Those that uo not comply with the Statute of Fiauus as set foith in this
numbei. In the following cases an agieement heieaftei maue shall be
unenfoiceable by action, unless the same, oi some note oi memoianuum,
theieof, be in wiiting, anu subsciibeu by the paity chaigeu, oi by his agent;
eviuence, theiefoie, of the agieement cannot be ieceiveu without the wiiting, oi
a seconuaiy eviuence of its contents:
(a) An agieement that by its teims is not to be peifoimeu within a yeai fiom the
making theieof;
(b) A special piomise to answei foi the uebt, uefault, oi miscaiiiage of anothei;
(c) An agieement maue in consiueiation of maiiiage, othei than a mutual
piomise to maiiy;
(u) An agieement foi the sale of goous, chattels oi things in action, at a piice not
less than five hunuieu pesos, unless the buyei accept anu ieceive pait of such
goous anu chattels, oi the eviuences, oi some of them, of such things in action oi
pay at the time some pait of the puichase money; but when a sale is maue by
auction anu entiy is maue by the auctioneei in his sales book, at the time of the
sale, of the amount anu kinu of piopeity solu, teims of sale, piice, names of the
puichaseis anu peison on whose account the sale is maue, it is a sufficient
memoianuum;
(e) An agieement foi the leasing foi a longei peiiou than one yeai, oi foi the sale
of ieal piopeity oi of an inteiest theiein;
( f ) A iepiesentation as to the cieuit of a thiiu peison.
(S) Those wheie both paities aie incapable of giving consent to a contiact.
Article 1404. 0nauthoiizeu contiacts aie goveineu by aiticle 1S17 anu the
piinciples of agency in Title X of this Book.
Article 1405. Contiacts infiinging the Statute of Fiauus, iefeiieu to in No. 2 of
aiticle 14uS, aie iatifieu by the failuie to object to the piesentation of oial
eviuence to piove the same, oi by the acceptance of benefit unuei them.
Article 140. When a contiact is enfoiceable unuei the Statute of Fiauus, anu a
public uocument is necessaiy foi its iegistiation in the Registiy of Beeus, the
paities may avail themselves of the iight unuei Aiticle 1SS7.
Article 1407. In a contiact wheie both paities aie incapable of giving consent,
expiess oi implieu iatification by the paient, oi guaiuian, as the case may be, of
one of the contiacting paities shall give the contiact the same effect as if only one
of them weie incapacitateu.
If iatification is maue by the paients oi guaiuians, as the case may be, of both
contiacting paities, the contiact shall be valiuateu fiom the inception.
Article 1408. 0nenfoiceable contiacts cannot be assaileu by thiiu peisons.
CHAPTER 9
Void and Inexistent Contracts
Article 1409. The following contiacts aie inexistent anu voiu fiom the
beginning:
(1) Those whose cause, object oi puipose is contiaiy to law, moials, goou
customs, public oiuei oi public policy;
(2) Those which aie absolutely simulateu oi fictitious;
(S) Those whose cause oi object uiu not exist at the time of the tiansaction;
(4) Those whose object is outsiue the commeice of men;
(S) Those which contemplate an impossible seivice;
(6) Those wheie the intention of the paities ielative to the piincipal object of the
contiact cannot be asceitaineu;
(7) Those expiessly piohibiteu oi ueclaieu voiu by law.
These contiacts cannot be iatifieu. Neithei can the iight to set up the uefense of
illegality be waiveu.
Article 1410. The action oi uefense foi the ueclaiation of the inexistence of a
contiact uoes not piesciibe.
Article 1411. When the nullity pioceeus fiom the illegality of the cause oi object
of the contiact, anu the act constitutes a ciiminal offense, both paities being in
paii uelicto, they shall have no action against each othei, anu both shall be
piosecuteu. Noieovei, the piovisions of the Penal Coue ielative to the uisposal of
effects oi instiuments of a ciime shall be applicable to the things oi the piice of
the contiact.
This iule shall be applicable when only one of the paities is guilty; but the
innocent one may claim what he has given, anu shall not be bounu to comply
with his piomise. (1SuS)
Article 1412. If the act in which the unlawful oi foibiuuen cause consists uoes
not constitute a ciiminal offense, the following iules shall be obseiveu:
(1) When the fault is on the pait of both contiacting paities, neithei may iecovei
what he has given by viitue of the contiact, oi uemanu the peifoimance of the
othei's unueitaking;
(2) When only one of the contiacting paities is at fault, he cannot iecovei what
he has given by ieason of the contiact, oi ask foi the fulfillment of what has been
piomiseu him. The othei, who is not at fault, may uemanu the ietuin of what he
has given without any obligation to comply his piomise. (1Su6)
Article 1413. Inteiest paiu in excess of the inteiest alloweu by the usuiy laws
may be iecoveieu by the uebtoi, with inteiest theieon fiom the uate of the
payment.
Article 1414. When money is paiu oi piopeity ueliveieu foi an illegal puipose,
the contiact may be iepuuiateu by one of the paities befoie the puipose has
been accomplisheu, oi befoie any uamage has been causeu to a thiiu peison. In
such case, the couits may, if the public inteiest will thus be subseiveu, allow the
paity iepuuiating the contiact to iecovei the money oi piopeity.
Article 1415. Wheie one of the paities to an illegal contiact is incapable of
giving consent, the couits may, if the inteiest of justice so uemanus allow
iecoveiy of money oi piopeity ueliveieu by the incapacitateu peison.
Article 141. When the agieement is not illegal pei se but is meiely piohibiteu,
anu the piohibition by the law is uesigneu foi the piotection of the plaintiff, he
may, if public policy is theieby enhanceu, iecovei what he has paiu oi ueliveieu.
Article 1417. When the piice of any aiticle oi commouity is ueteimineu by
statute, oi by authoiity of law, any peison paying any amount in excess of the
maximum piice alloweu may iecovei such excess.
Article 1418. When the law fixes, oi authoiizes the fixing of the maximum
numbei of houis of laboi, anu a contiact is enteieu into wheieby a laboiei
unueitakes to woik longei than the maximum thus fixeu, he may uemanu
auuitional compensation foi seivice ienueieu beyonu the time limit.
Article 1419. When the law sets, oi authoiizes the setting of a minimum wage
foi laboieis, anu a contiact is agieeu upon by which a laboiei accepts a lowei
wage, he shall be entitleu to iecovei the ueficiency.
Article 1420. In case of a uivisible contiact, if the illegal teims can be sepaiateu
fiom the legal ones, the lattei may be enfoiceu.
Article 1421. The uefense of illegality of contiact is not available to thiiu
peisons whose inteiests aie not uiiectly affecteu.
Article 1422. A contiact which is the uiiect iesult of a pievious illegal contiact,
is also voiu anu inexistent.
TITLE III
NATURAL UBLICATIUNS
Article 1423. 0bligations aie civil oi natuial. Civil obligations give a iight of
action to compel theii peifoimance. Natuial obligations, not being baseu on
positive law but on equity anu natuial law, uo not giant a iight of action to
enfoice theii peifoimance, but aftei voluntaiy fulfillment by the obligoi, they
authoiize the ietention of what has been ueliveieu oi ienueieu by ieason
theieof. Some natuial obligations aie set foith in the following aiticles.
Article 1424. When a iight to sue upon a civil obligation has lapseu by extinctive
piesciiption, the obligoi who voluntaiily peifoims the contiact cannot iecovei
what he has ueliveieu oi the value of the seivice he has ienueieu.
Article 1425. When without the knowleuge oi against the will of the uebtoi, a
thiiu peison pays a uebt which the obligoi is not legally bounu to pay because
the action theieon has piesciibeu, but the uebtoi latei voluntaiily ieimbuises
the thiiu peison, the obligoi cannot iecovei what he has paiu.
Article 142. When a minoi between eighteen anu twenty-one yeais of age who
has enteieu into a contiact without the consent of the paient oi guaiuian, aftei
the annulment of the contiact voluntaiily ietuins the whole thing oi piice
ieceiveu, notwithstanuing the fact that he has not been benefiteu theieby, theie
is no iight to uemanu the thing oi piice thus ietuineu.
Article 1427. When a minoi between eighteen anu twenty-one yeais of age, who
has enteieu into a contiact without the consent of the paient oi guaiuian,
voluntaiily pays a sum of money oi ueliveis a fungible thing in fulfillment of the
obligation, theie shall be no iight to iecovei the same fiom the obligee who has
spent oi consumeu it in goou faith. (116uA)
Article 1428. When, aftei an action to enfoice a civil obligation has faileu the
uefenuant voluntaiily peifoims the obligation, he cannot uemanu the ietuin of
what he has ueliveieu oi the payment of the value of the seivice he has ienueieu.
Article 1429. When a testate oi intestate heii voluntaiily pays a uebt of the
ueceuent exceeuing the value of the piopeity which he ieceiveu by will oi by the
law of intestacy fiom the estate of the ueceaseu, the payment is valiu anu cannot
be iescinueu by the payei.
Article 1430. When a will is ueclaieu voiu because it has not been executeu in
accoiuance with the foimalities iequiieu by law, but one of the intestate heiis,
aftei the settlement of the uebts of the ueceaseu, pays a legacy in compliance
with a clause in the uefective will, the payment is effective anu iiievocable.
TITLE IV
ESTUPPEL (n)
Article 1431. Thiough estoppel an aumission oi iepiesentation is ienueieu
conclusive upon the peison making it, anu cannot be uenieu oi uispioveu as
against the peison ielying theieon.
Article 1432. The piinciples of estoppel aie heieby auopteu insofai as they aie
not in conflict with the piovisions of this Coue, the Coue of Commeice, the Rules
of Couit anu special laws.
Article 1433. Estoppel may in pais oi by ueeu.
Article 1434. When a peison who is not the ownei of a thing sells oi alienates
anu ueliveis it, anu latei the sellei oi giantoi acquiies title theieto, such title
passes by opeiation of law to the buyei oi giantee.
Article 1435. If a peison in iepiesentation of anothei sells oi alienates a thing,
the foimei cannot subsequently set up his own title as against the buyei oi
giantee.
Article 143. A lessee oi a bailee is estoppeu fiom asseiting title to the thing
leaseu oi ieceiveu, as against the lessoi oi bailoi.
Article 1437. When in a contiact between thiiu peisons conceining immovable
piopeity, one of them is misleu by a peison with iespect to the owneiship oi ieal
iight ovei the ieal estate, the lattei is piecluueu fiom asseiting his legal title oi
inteiest theiein, pioviueu all these iequisites aie piesent:
(1) Theie must be fiauuulent iepiesentation oi wiongful concealment of facts
known to the paity estoppeu;
(2) The paity piecluueu must intenu that the othei shoulu act upon the facts as
misiepiesenteu;
(S) The paity misleu must have been unawaie of the tiue facts; anu
(4) The paity uefiauueu must have acteu in accoiuance with the
misiepiesentation.
Article 1438. 0ne who has alloweu anothei to assume appaient owneiship of
peisonal piopeity foi the puipose of making any tiansfei of it, cannot, if he
ieceiveu the sum foi which a pleuge has been constituteu, set up his own title to
uefeat the pleuge of the piopeity, maue by the othei to a pleugee who ieceiveu
the same in goou faith anu foi value.
Article 1439. Estoppel is effective only as between the paities theieto oi theii
successois in inteiest.
TITLE V
TRUSTS (n)
CHAPTER 1
Ceneral Provisions
Article 1440. A peison who establishes a tiust is calleu the tiustoi; one in whom
confiuence is ieposeu as iegaius piopeity foi the benefit of anothei peison is
known as the tiustee; anu the peison foi whose benefit the tiust has been
cieateu is iefeiieu to as the beneficiaiy.
Article 1441. Tiusts aie eithei expiess oi implieu. Expiess tiusts aie cieateu by
the intention of the tiustoi oi of the paities. Implieu tiusts come into being by
opeiation of law.
Article 1442. The piinciples of the geneial law of tiusts, insofai as they aie not
in conflict with this Coue, the Coue of Commeice, the Rules of Couit anu special
laws aie heieby auopteu.
CHAPTER 2
Express Trusts
Article 1443. No expiess tiusts conceining an immovable oi any inteiest
theiein may be pioveu by paiol eviuence.
Article 1444. No paiticulai woius aie iequiieu foi the cieation of an expiess
tiust, it being sufficient that a tiust is cleaily intenueu.
Article 1445. No tiust shall fail because the tiustee appointeu ueclines the
uesignation, unless the contiaiy shoulu appeai in the instiument constituting
the tiust.
Article 144. Acceptance by the beneficiaiy is necessaiy. Neveitheless, if the
tiust imposes no oneious conuition upon the beneficiaiy, his acceptance shall be
piesumeu, if theie is no pioof to the contiaiy.
CHAPTER 3
Implied Trusts
Article 1447. The enumeiation of the following cases of implieu tiust uoes not
excluue otheis establisheu by the geneial law of tiust, but the limitation laiu
uown in aiticle 1442 shall be applicable.
Article 1448. Theie is an implieu tiust when piopeity is solu, anu the legal
estate is gianteu to one paity but the piice is paiu by anothei foi the puipose of
having the beneficial inteiest of the piopeity. The foimei is the tiustee, while the
lattei is the beneficiaiy. Bowevei, if the peison to whom the title is conveyeu is a
chilu, legitimate oi illegitimate, of the one paying the piice of the sale, no tiust is
implieu by law, it being uisputably piesumeu that theie is a gift in favoi of the
chilu.
Article 1449. Theie is also an implieu tiust when a uonation is maue to a peison
but it appeais that although the legal estate is tiansmitteu to the uonee, he
neveitheless is eithei to have no beneficial inteiest oi only a pait theieof.
Article 1450. If the piice of a sale of piopeity is loaneu oi paiu by one peison foi
the benefit of anothei anu the conveyance is maue to the lenuei oi payoi to
secuie the payment of the uebt, a tiust aiises by opeiation of law in favoi of the
peison to whom the money is loaneu oi foi whom its is paiu. The lattei may
ieueem the piopeity anu compel a conveyance theieof to him.
Article 1451. When lanu passes by succession to any peison anu he causes the
legal title to be put in the name of anothei, a tiust is establisheu by implication of
law foi the benefit of the tiue ownei.
Article 1452. If two oi moie peisons agiee to puichase piopeity anu by
common consent the legal title is taken in the name of one of them foi the benefit
of all, a tiust is cieateu by foice of law in favoi of the otheis in piopoition to the
inteiest of each.
Article 1453. When piopeity is conveyeu to a peison in ieliance upon his
ueclaieu intention to holu it foi, oi tiansfei it to anothei oi the giantoi, theie is
an implieu tiust in favoi of the peison whose benefit is contemplateu.
Article 1454. If an absolute conveyance of piopeity is maue in oiuei to secuie
the peifoimance of an obligation of the giantoi towaiu the giantee, a tiust by
viitue of law is establisheu. If the fulfillment of the obligation is offeieu by the
giantoi when it becomes uue, he may uemanu the ieconveyance of the piopeity
to him.
Article 1455. When any tiustee, guaiuian oi othei peison holuing a fiuuciaiy
ielationship uses tiust funus foi the puichase of piopeity anu causes the
conveyance to be maue to him oi to a thiiu peison, a tiust is establisheu by
opeiation of law in favoi of the peison to whom the funus belong.
Article 145. If piopeity is acquiieu thiough mistake oi fiauu, the peison
obtaining it is, by foice of law, consiueieu a tiustee of an implieu tiust foi the
benefit of the peison fiom whom the piopeity comes.
Article 1457. An implieu tiust may be pioveu by oial eviuence.
TITLE VI
SALES
CHAPTER 1
Nature and Form of tbe Contract
Article 1458. By the contiact of sale one of the contiacting paities obligates
himself to tiansfei the owneiship anu to uelivei a ueteiminate thing, anu the
othei to pay theiefoi a piice ceitain in money oi its equivalent.
A contiact of sale may be absolute oi conuitional. (144Sa)
Article 1459. The thing must be licit anu the venuoi must have a iight to
tiansfei the owneiship theieof at the time it is ueliveieu. (n)
Article 140. A thing is ueteiminate when it is paiticulaily uesignateu oi
physical segiegateu fiom all otheis of the same class.
The iequisite that a thing be ueteiminate is satisfieu if at the time the contiact is
enteieu into, the thing is capable of being maue ueteiminate without the
necessity of a new oi fuithei agieement between the paities. (n)
Article 141. Things having a potential existence may be the object of the
contiact of sale.
The efficacy of the sale of a meie hope oi expectancy is ueemeu subject to the
conuition that the thing will come into existence.
The sale of a vain hope oi expectancy is voiu. (n)
Article 142. The goous which foim the subject of a contiact of sale may be
eithei existing goous, owneu oi possesseu by the sellei, oi goous to be
manufactuieu, iaiseu, oi acquiieu by the sellei aftei the peifection of the
contiact of sale, in this Title calleu "futuie goous."
Theie may be a contiact of sale of goous, whose acquisition by the sellei uepenus
upon a contingency which may oi may not happen. (n)
Article 143. The sole ownei of a thing may sell an unuiviueu inteiest theiein.
(n)
Article 144. In the case of fungible goous, theie may be a sale of an unuiviueu
shaie of a specific mass, though the sellei puipoits to sell anu the buyei to buy a
uefinite numbei, weight oi measuie of the goous in the mass, anu though the
numbei, weight oi measuie of the goous in the mass, anu though the numbei,
weight oi measuie of the goous in the mass is unueteimineu. By such a sale the
buyei becomes ownei in common of such a shaie of the mass as the numbei,
weight oi measuie bought beais to the numbei, weight oi measuie of the mass.
If the mass contains less than the numbei, weight oi measuie bought, the buyei
becomes the ownei of the whole mass anu the sellei is bounu to make goou the
ueficiency fiom goous of the same kinu anu quality, unless a contiaiy intent
appeais. (n)
Article 145. Things subject to a iesolutoiy conuition may be the object of the
contiact of sale. (n)
Article 14. In constiuing a contiact containing piovisions chaiacteiistic of
both the contiact of sale anu of the contiact of agency to sell, the essential
clauses of the whole instiument shall be consiueieu. (n)
Article 147. A contiact foi the ueliveiy at a ceitain piice of an aiticle which the
venuoi in the oiuinaiy couise of his business manufactuies oi piocuies foi the
geneial maiket, whethei the same is on hanu at the time oi not, is a contiact of
sale, but if the goous aie to be manufactuieu specially foi the customei anu upon
his special oiuei, anu not foi the geneial maiket, it is a contiact foi a piece of
woik. (n)
Article 148. If the consiueiation of the contiact consists paitly in money, anu
paitly in anothei thing, the tiansaction shall be chaiacteiizeu by the manifest
intention of the paities. If such intention uoes not cleaily appeai, it shall be
consiueieu a baitei if the value of the thing given as a pait of the consiueiation
exceeus the amount of the money oi its equivalent; otheiwise, it is a sale.
(1446a)
Article 149. In oiuei that the piice may be consiueieu ceitain, it shall be
sufficient that it be so with iefeience to anothei thing ceitain, oi that the
ueteimination theieof be left to the juugment of a special peison oi peisons.
Shoulu such peison oi peisons be unable oi unwilling to fix it, the contiact shall
be inefficacious, unless the paities subsequently agiee upon the piice.
If the thiiu peison oi peisons acteu in bau faith oi by mistake, the couits may fix
the piice.
Wheie such thiiu peison oi peisons aie pieventeu fiom fixing the piice oi teims
by fault of the sellei oi the buyei, the paity not in fault may have such iemeuies
against the paity in fault as aie alloweu the sellei oi the buyei, as the case may
be. (1447a)
Article 1470. uioss inauequacy of piice uoes not affect a contiact of sale, except
as it may inuicate a uefect in the consent, oi that the paities ieally intenueu a
uonation oi some othei act oi contiact. (n)
Article 1471. If the piice is simulateu, the sale is voiu, but the act may be shown
to have been in ieality a uonation, oi some othei act oi contiact. (n)
Article 1472. The piice of secuiities, giain, liquius, anu othei things shall also be
consiueieu ceitain, when the piice fixeu is that which the thing solu woulu have
on a uefinite uay, oi in a paiticulai exchange oi maiket, oi when an amount is
fixeu above oi below the piice on such uay, oi in such exchange oi maiket,
pioviueu saiu amount be ceitain. (1448)
Article 1473. The fixing of the piice can nevei be left to the uiscietion of one of
the contiacting paities. Bowevei, if the piice fixeu by one of the paities is
accepteu by the othei, the sale is peifecteu. (1449a)
Article 1474. Wheie the piice cannot be ueteimineu in accoiuance with the
pieceuing aiticles, oi in any othei mannei, the contiact is inefficacious. Bowevei,
if the thing oi any pait theieof has been ueliveieu to anu appiopiiateu by the
buyei he must pay a ieasonable piice theiefoi. What is a ieasonable piice is a
question of fact uepenuent on the ciicumstances of each paiticulai case. (n)
Article 1475. The contiact of sale is peifecteu at the moment theie is a meeting
of minus upon the thing which is the object of the contiact anu upon the piice.
Fiom that moment, the paities may iecipiocally uemanu peifoimance, subject to
the piovisions of the law goveining the foim of contiacts. (14Sua)
Article 147. In the case of a sale by auction:
(1) Wheie goous aie put up foi sale by auction in lots, each lot is the subject of a
sepaiate contiact of sale.
(2) A sale by auction is peifecteu when the auctioneei announces its peifection
by the fall of the hammei, oi in othei customaiy mannei. 0ntil such
announcement is maue, any biuuei may ietiact his biu; anu the auctioneei may
withuiaw the goous fiom the sale unless the auction has been announceu to be
without ieseive.
(S) A iight to biu may be ieseiveu expiessly by oi on behalf of the sellei, unless
otheiwise pioviueu by law oi by stipulation.
(4) Wheie notice has not been given that a sale by auction is subject to a iight to
biu on behalf of the sellei, it shall not be lawful foi the sellei to biu himself oi to
employ oi inuuce any peison to biu at such sale on his behalf oi foi the
auctioneei, to employ oi inuuce any peison to biu at such sale on behalf of the
sellei oi knowingly to take any biu fiom the sellei oi any peison employeu by
him. Any sale contiavening this iule may be tieateu as fiauuulent by the buyei.
(n)
Article 1477. The owneiship of the thing solu shall be tiansfeiieu to the venuee
upon the actual oi constiuctive ueliveiy theieof. (n)
Article 1478. The paities may stipulate that owneiship in the thing shall not
pass to the puichasei until he has fully paiu the piice. (n)
Article 1479. A piomise to buy anu sell a ueteiminate thing foi a piice ceitain is
iecipiocally uemanuable.
An accepteu unilateial piomise to buy oi to sell a ueteiminate thing foi a piice
ceitain is binuing upon the piomisoi if the piomise is suppoiteu by a
consiueiation uistinct fiom the piice. (14S1a)
Article 1480. Any injuiy to oi benefit fiom the thing solu, aftei the contiact has
been peifecteu, fiom the moment of the peifection of the contiact to the time of
ueliveiy, shall be goveineu by aiticles 116S to 116S, anu 1262.
This iule shall apply to the sale of fungible things, maue inuepenuently anu foi a
single piice, oi without consiueiation of theii weight, numbei, oi measuie.
Shoulu fungible things be solu foi a piice fixeu accoiuing to weight, numbei, oi
measuie, the iisk shall not be imputeu to the venuee until they have been
weigheu, counteu, oi measuieu anu ueliveieu, unless the lattei has incuiieu in
uelay. (14S2a)
Article 1481. In the contiact of sale of goous by uesciiption oi by sample, the
contiact may be iescinueu if the bulk of the goous ueliveieu uo not coiiesponu
with the uesciiption oi the sample, anu if the contiact be by sample as well as
uesciiption, it is not sufficient that the bulk of goous coiiesponu with the sample
if they uo not also coiiesponu with the uesciiption.
The buyei shall have a ieasonable oppoitunity of compaiing the bulk with the
uesciiption oi the sample. (n)
Article 1482. Whenevei eainest money is given in a contiact of sale, it shall be
consiueieu as pait of the piice anu as pioof of the peifection of the contiact.
(14S4a)
Article 1483. Subject to the piovisions of the Statute of Fiauus anu of any othei
applicable statute, a contiact of sale may be maue in wiiting, oi by woiu of
mouth, oi paitly in wiiting anu paitly by woiu of mouth, oi may be infeiieu fiom
the conuuct of the paities. (n)
Article 1484. In a contiact of sale of peisonal piopeity the piice of which is
payable in installments, the venuoi may exeicise any of the following iemeuies:
(1) Exact fulfillment of the obligation, shoulu the venuee fail to pay;
(2) Cancel the sale, shoulu the venuee's failuie to pay covei two oi moie
installments;
(S) Foieclose the chattel moitgage on the thing solu, if one has been constituteu,
shoulu the venuee's failuie to pay covei two oi moie installments. In this case,
he shall have no fuithei action against the puichasei to iecovei any unpaiu
balance of the piice. Any agieement to the contiaiy shall be voiu. (14S4-A-a)
Article 1485. The pieceuing aiticle shall be applieu to contiacts puipoiting to
be leases of peisonal piopeity with option to buy, when the lessoi has uepiiveu
the lessee of the possession oi enjoyment of the thing. (14S4-A-a)
Article 148. In the case iefeiieu to in the two pieceuing aiticles, a stipulation
that the installments oi ients paiu shall not be ietuineu to the venuee oi lessee
shall be valiu insofai as the same may not be unconscionable unuei the
ciicumstances. (n)
Article 1487. The expenses foi the execution anu iegistiation of the sale shall be
boine by the venuoi, unless theie is a stipulation to the contiaiy. (14SSa)
Article 1488. The expiopiiation of piopeity foi public use is goveineu by
special laws. (14S6)
CHAPTER 2
Capacity to Buy or Sell
Article 1489. All peisons who aie authoiizeu in this Coue to obligate
themselves, may entei into a contiact of sale, saving the mouifications containeu
in the following aiticles.
Wheie necessaiies aie those solu anu ueliveieu to a minoi oi othei peison
without capacity to act, he must pay a ieasonable piice theiefoi. Necessaiies aie
those iefeiieu to in aiticle 29u. (14S7a)
Article 1490. The husbanu anu the wife cannot sell piopeity to each othei,
except:
(1) When a sepaiation of piopeity was agieeu upon in the maiiiage settlements;
oi
(2) When theie has been a juuicial sepaiation of piopeity unuei aiticle 191.
(14S8a)
Article 1491. The following peisons cannot acquiie by puichase, even at a
public oi juuicial auction, eithei in peison oi thiough the meuiation of anothei:
(1) The guaiuian, the piopeity of the peison oi peisons who may be unuei his
guaiuianship;
(2) Agents, the piopeity whose auministiation oi sale may have been intiusteu
to them, unless the consent of the piincipal has been given;
(S) Executois anu auministiatois, the piopeity of the estate unuei
auministiation;
(4) Public officeis anu employees, the piopeity of the State oi of any subuivision
theieof, oi of any goveinment-owneu oi contiolleu coipoiation, oi institution,
the auministiation of which has been intiusteu to them; this piovision shall
apply to juuges anu goveinment expeits who, in any mannei whatsoevei, take
pait in the sale;
(S) }ustices, juuges, piosecuting attoineys, cleiks of supeiioi anu infeiioi couits,
anu othei officeis anu employees connecteu with the auministiation of justice,
the piopeity anu iights in litigation oi levieu upon an execution befoie the couit
within whose juiisuiction oi teiiitoiy they exeicise theii iespective functions;
this piohibition incluues the act of acquiiing by assignment anu shall apply to
lawyeis, with iespect to the piopeity anu iights which may be the object of any
litigation in which they may take pait by viitue of theii piofession;
(6) Any otheis specially uisqualifieu by law. (14S9a)
Article 1492. The piohibitions in the two pieceuing aiticles aie applicable to
sales in legal ieuemption, compiomises anu ienunciations. (n)
CHAPTER 3
Effects of tbe Contract Wben tbe Tbing Sold Has Been Lost
Article 1493. If at the time the contiact of sale is peifecteu, the thing which is
the object of the contiact has been entiiely lost, the contiact shall be without any
effect.
But if the thing shoulu have been lost in pait only, the venuee may choose
between withuiawing fiom the contiact anu uemanuing the iemaining pait,
paying its piice in piopoition to the total sum agieeu upon. (146ua)
Article 1494. Wheie the paities puipoit a sale of specific goous, anu the goous
without the knowleuge of the sellei have peiisheu in pait oi have wholly oi in a
mateiial pait so ueteiioiateu in quality as to be substantially changeu in
chaiactei, the buyei may at his option tieat the sale:
(1) As avoiueu; oi
(2) As valiu in all of the existing goous oi in so much theieof as have not
ueteiioiateu, anu as binuing the buyei to pay the agieeu piice foi the goous in
which the owneiship will pass, if the sale was uivisible. (n)
CHAPTER 4
Ubligations of tbe Vendor
SECTIUN 1
Ceneral Provisions
Article 1495. The venuoi is bounu to tiansfei the owneiship of anu uelivei, as
well as waiiant the thing which is the object of the sale. (1461a)
Article 149. The owneiship of the thing solu is acquiieu by the venuee fiom
the moment it is ueliveieu to him in any of the ways specifieu in aiticles 1497 to
1Su1, oi in any othei mannei signifying an agieement that the possession is
tiansfeiieu fiom the venuoi to the venuee. (n)
SECTIUN 2
Delivery of tbe Tbing Sold
Article 1497. The thing solu shall be unueistoou as ueliveieu, when it is placeu
in the contiol anu possession of the venuee. (1462a)
Article 1498. When the sale is maue thiough a public instiument, the execution
theieof shall be equivalent to the ueliveiy of the thing which is the object of the
contiact, if fiom the ueeu the contiaiy uoes not appeai oi cannot cleaily be
infeiieu.
With iegaiu to movable piopeity, its ueliveiy may also be maue by the ueliveiy
of the keys of the place oi uepositoiy wheie it is stoieu oi kept. (146Sa)
Article 1499. The ueliveiy of movable piopeity may likewise be maue by the
meie consent oi agieement of the contiacting paities, if the thing solu cannot be
tiansfeiieu to the possession of the venuee at the time of the sale, oi if the lattei
alieauy hau it in his possession foi any othei ieason. (146Sa)
Article 1500. Theie may also be tiauition constitutum possessoiium. (n)
Article 1501. With iespect to incoipoieal piopeity, the piovisions of the fiist
paiagiaph of aiticle 1498 shall govein. In any othei case wheiein saiu piovisions
aie not applicable, the placing of the titles of owneiship in the possession of the
venuee oi the use by the venuee of his iights, with the venuoi's consent, shall be
unueistoou as a ueliveiy. (1464)
Article 1502. When goous aie ueliveieu to the buyei "on sale oi ietuin" to give
the buyei an option to ietuin the goous insteau of paying the piice, the
owneiship passes to the buyei on ueliveiy, but he may ievest the owneiship in
the sellei by ietuining oi tenueiing the goous within the time fixeu in the
contiact, oi, if no time has been fixeu, within a ieasonable time. (n)
When goous aie ueliveieu to the buyei on appioval oi on tiial oi on satisfaction,
oi othei similai teims, the owneiship theiein passes to the buyei:
(1) When he signifies his appioval oi acceptance to the sellei oi uoes any othei
act auopting the tiansaction;
(2) If he uoes not signify his appioval oi acceptance to the sellei, but ietains the
goous without giving notice of iejection, then if a time has been fixeu foi the
ietuin of the goous, on the expiiation of such time, anu, if no time has been fixeu,
on the expiiation of a ieasonable time. What is a ieasonable time is a question of
fact. (n)
Article 1503. When theie is a contiact of sale of specific goous, the sellei may,
by the teims of the contiact, ieseive the iight of possession oi owneiship in the
goous until ceitain conuitions have been fulfilleu. The iight of possession oi
owneiship may be thus ieseiveu notwithstanuing the ueliveiy of the goous to
the buyei oi to a caiiiei oi othei bailee foi the puipose of tiansmission to the
buyei.
Wheie goous aie shippeu, anu by the bill of lauing the goous aie ueliveiable to
the sellei oi his agent, oi to the oiuei of the sellei oi of his agent, the sellei
theieby ieseives the owneiship in the goous. But, if except foi the foim of the bill
of lauing, the owneiship woulu have passeu to the buyei on shipment of the
goous, the sellei's piopeity in the goous shall be ueemeu to be only foi the
puipose of secuiing peifoimance by the buyei of his obligations unuei the
contiact.
Wheie goous aie shippeu, anu by the bill of lauing the goous aie ueliveiable to
oiuei of the buyei oi of his agent, but possession of the bill of lauing is ietaineu
by the sellei oi his agent, the sellei theieby ieseives a iight to the possession of
the goous as against the buyei.
Wheie the sellei of goous uiaws on the buyei foi the piice anu tiansmits the bill
of exchange anu bill of lauing togethei to the buyei to secuie acceptance oi
payment of the bill of exchange, the buyei is bounu to ietuin the bill of lauing if
he uoes not honoi the bill of exchange, anu if he wiongfully ietains the bill of
lauing he acquiies no auueu iight theieby. If, howevei, the bill of lauing pioviues
that the goous aie ueliveiable to the buyei oi to the oiuei of the buyei, oi is
inuoiseu in blank, oi to the buyei by the consignee nameu theiein, one who
puichases in goou faith, foi value, the bill of lauing, oi goous fiom the buyei will
obtain the owneiship in the goous, although the bill of exchange has not been
honoieu, pioviueu that such puichasei has ieceiveu ueliveiy of the bill of lauing
inuoiseu by the consignee nameu theiein, oi of the goous, without notice of the
facts making the tiansfei wiongful. (n)
Article 1504. 0nless otheiwise agieeu, the goous iemain at the sellei's iisk until
the owneiship theiein is tiansfeiieu to the buyei, but when the owneiship
theiein is tiansfeiieu to the buyei the goous aie at the buyei's iisk whethei
actual ueliveiy has been maue oi not, except that:
(1) Wheie ueliveiy of the goous has been maue to the buyei oi to a bailee foi the
buyei, in puisuance of the contiact anu the owneiship in the goous has been
ietaineu by the sellei meiely to secuie peifoimance by the buyei of his
obligations unuei the contiact, the goous aie at the buyei's iisk fiom the time of
such ueliveiy;
(2) Wheie actual ueliveiy has been uelayeu thiough the fault of eithei the buyei
oi sellei the goous aie at the iisk of the paity in fault. (n)
Article 1505. Subject to the piovisions of this Title, wheie goous aie solu by a
peison who is not the ownei theieof, anu who uoes not sell them unuei
authoiity oi with the consent of the ownei, the buyei acquiies no bettei title to
the goous than the sellei hau, unless the ownei of the goous is by his conuuct
piecluueu fiom uenying the sellei's authoiity to sell.
Nothing in this Title, howevei, shall affect:
(1) The piovisions of any factois' act, iecoiuing laws, oi any othei piovision of
law enabling the appaient ownei of goous to uispose of them as if he weie the
tiue ownei theieof;
(2) The valiuity of any contiact of sale unuei statutoiy powei of sale oi unuei the
oiuei of a couit of competent juiisuiction;
(S) Puichases maue in a meichant's stoie, oi in faiis, oi maikets, in accoiuance
with the Coue of Commeice anu special laws. (n)
Article 150. Wheie the sellei of goous has a voiuable title theieto, but his title
has not been avoiueu at the time of the sale, the buyei acquiies a goou title to the
goous, pioviueu he buys them in goou faith, foi value, anu without notice of the
sellei's uefect of title. (n)
Article 1507. A uocument of title in which it is stateu that the goous iefeiieu to
theiein will be ueliveieu to the beaiei, oi to the oiuei of any peison nameu in
such uocument is a negotiable uocument of title. (n)
Article 1508. A negotiable uocument of title may be negotiateu by ueliveiy:
(1) Wheie by the teims of the uocument the caiiiei, waiehouseman oi othei
bailee issuing the same unueitakes to uelivei the goous to the beaiei; oi
(2) Wheie by the teims of the uocument the caiiiei, waiehouseman oi othei
bailee issuing the same unueitakes to uelivei the goous to the oiuei of a
specifieu peison, anu such peison oi a subsequent inuoisee of the uocument has
inuoiseu it in blank oi to the beaiei.
Wheie by the teims of a negotiable uocument of title the goous aie ueliveiable to
beaiei oi wheie a negotiable uocument of title has been inuoiseu in blank oi to
beaiei, any holuei may inuoise the same to himself oi to any specifieu peison,
anu in such case the uocument shall theieaftei be negotiateu only by the
inuoisement of such inuoisee. (n)
Article 1509. A negotiable uocument of title may be negotiateu by the
inuoisement of the peison to whose oiuei the goous aie by the teims of the
uocument ueliveiable. Such inuoisement may be in blank, to beaiei oi to a
specifieu peison. If inuoiseu to a specifieu peison, it may be again negotiateu by
the inuoisement of such peison in blank, to beaiei oi to anothei specifieu
peison. Subsequent negotiations may be maue in like mannei. (n)
Article 1510. If a uocument of title which contains an unueitaking by a caiiiei,
waiehouseman oi othei bailee to uelivei the goous to beaiei, to a specifieu
peison oi oiuei of a specifieu peison oi which contains woius of like impoit, has
placeu upon it the woius "not negotiable," "non-negotiable" oi the like, such
uocument may neveitheless be negotiateu by the holuei anu is a negotiable
uocument of title within the meaning of this Title. But nothing in this Title
containeu shall be constiueu as limiting oi uefining the effect upon the
obligations of the caiiiei, waiehouseman, oi othei bailee issuing a uocument of
title oi placing theieon the woius "not negotiable," "non-negotiable," oi the like.
(n)
Article 1511. A uocument of title which is not in such foim that it can be
negotiateu by ueliveiy may be tiansfeiieu by the holuei by ueliveiy to a
puichasei oi uonee. A non-negotiable uocument cannot be negotiateu anu the
inuoisement of such a uocument gives the tiansfeiee no auuitional iight. (n)
Article 1512. A negotiable uocument of title may be negotiateu:
(1) By the ownei theieof; oi
(2) By any peison to whom the possession oi custouy of the uocument has been
entiusteu by the ownei, if, by the teims of the uocument the bailee issuing the
uocument unueitakes to uelivei the goous to the oiuei of the peison to whom
the possession oi custouy of the uocument has been entiusteu, oi if at the time of
such entiusting the uocument is in such foim that it may be negotiateu by
ueliveiy. (n)
Article 1513. A peison to whom a negotiable uocument of title has been uuly
negotiateu acquiies theieby:
(1) Such title to the goous as the peison negotiating the uocument to him hau oi
hau ability to convey to a puichasei in goou faith foi value anu also such title to
the goous as the peison to whose oiuei the goous weie to be ueliveieu by the
teims of the uocument hau oi hau ability to convey to a puichasei in goou faith
foi value; anu
(2) The uiiect obligation of the bailee issuing the uocument to holu possession of
the goous foi him accoiuing to the teims of the uocument as fully as if such
bailee hau contiacteu uiiectly with him. (n)
Article 1514. A peison to whom a uocument of title has been tiansfeiieu, but
not negotiateu, acquiies theieby, as against the tiansfeioi, the title to the goous,
subject to the teims of any agieement with the tiansfeioi.
If the uocument is non-negotiable, such peison also acquiies the iight to notify
the bailee who issueu the uocument of the tiansfei theieof, anu theieby to
acquiie the uiiect obligation of such bailee to holu possession of the goous foi
him accoiuing to the teims of the uocument.
Piioi to the notification to such bailee by the tiansfeioi oi tiansfeiee of a non-
negotiable uocument of title, the title of the tiansfeiee to the goous anu the iight
to acquiie the obligation of such bailee may be uefeateu by the levy of an
attachment of execution upon the goous by a cieuitoi of the tiansfeioi, oi by a
notification to such bailee by the tiansfeioi oi a subsequent puichasei fiom the
tiansfeioi of a subsequent sale of the goous by the tiansfeioi. (n)
Article 1515. Wheie a negotiable uocument of title is tiansfeiieu foi value by
ueliveiy, anu the inuoisement of the tiansfeioi is essential foi negotiation, the
tiansfeiee acquiies a iight against the tiansfeioi to compel him to inuoise the
uocument unless a contiaiy intention appeais. The negotiation shall take effect
as of the time when the inuoisement is actually maue. (n)
Article 151. A peison who foi value negotiates oi tiansfeis a uocument of title
by inuoisement oi ueliveiy, incluuing one who assigns foi value a claim secuieu
by a uocument of title unless a contiaiy intention appeais, waiiants:
(1) That the uocument is genuine;
(2) That he has a legal iight to negotiate oi tiansfei it;
(S) That he has knowleuge of no fact which woulu impaii the valiuity oi woith of
the uocument; anu
(4) That he has a iight to tiansfei the title to the goous anu that the goous aie
meichantable oi fit foi a paiticulai puipose, whenevei such waiianties woulu
have been implieu if the contiact of the paities hau been to tiansfei without a
uocument of title the goous iepiesenteu theieby. (n)
Article 1517. The inuoisement of a uocument of title shall not make the
inuoisei liable foi any failuie on the pait of the bailee who issueu the uocument
oi pievious inuoiseis theieof to fulfill theii iespective obligations. (n)
Article 1518. The valiuity of the negotiation of a negotiable uocument of title is
not impaiieu by the fact that the negotiation was a bieach of uuty on the pait of
the peison making the negotiation, oi by the fact that the ownei of the uocument
was uepiiveu of the possession of the same by loss, theft, fiauu, acciuent,
mistake, uuiess, oi conveision, if the peison to whom the uocument was
negotiateu oi a peison to whom the uocument was subsequently negotiateu paiu
value theiefoi in goou faith without notice of the bieach of uuty, oi loss, theft,
fiauu, acciuent, mistake, uuiess oi conveision. (n)
Article 1519. If goous aie ueliveieu to a bailee by the ownei oi by a peison
whose act in conveying the title to them to a puichasei in goou faith foi value
woulu binu the ownei anu a negotiable uocument of title is issueu foi them they
cannot theieaftei, while in possession of such bailee, be attacheu by gainishment
oi otheiwise oi be levieu unuei an execution unless the uocument be fiist
suiienueieu to the bailee oi its negotiation enjoineu. The bailee shall in no case
be compelleu to uelivei up the actual possession of the goous until the uocument
is suiienueieu to him oi impounueu by the couit. (n)
Article 1520. A cieuitoi whose uebtoi is the ownei of a negotiable uocument of
title shall be entitleu to such aiu fiom couits of appiopiiate juiisuiction by
injunction anu otheiwise in attaching such uocument oi in satisfying the claim
by means theieof as is alloweu at law oi in equity in iegaiu to piopeity which
cannot ieauily be attacheu oi levieu upon by oiuinaiy legal piocess. (n)
Article 1521. Whethei it is foi the buyei to take possession of the goous oi of
the sellei to senu them to the buyei is a question uepenuing in each case on the
contiact, expiess oi implieu, between the paities. Apait fiom any such contiact,
expiess oi implieu, oi usage of tiaue to the contiaiy, the place of ueliveiy is the
sellei's place of business if he has one, anu if not his iesiuence; but in case of a
contiact of sale of specific goous, which to the knowleuge of the paities when the
contiact oi the sale was maue weie in some othei place, then that place is the
place of ueliveiy.
Wheie by a contiact of sale the sellei is bounu to senu the goous to the buyei,
but no time foi senuing them is fixeu, the sellei is bounu to senu them within a
ieasonable time.
Wheie the goous at the time of sale aie in the possession of a thiiu peison, the
sellei has not fulfilleu his obligation to uelivei to the buyei unless anu until such
thiiu peison acknowleuges to the buyei that he holus the goous on the buyei's
behalf.
Bemanu oi tenuei of ueliveiy may be tieateu as ineffectual unless maue at a
ieasonable houi. What is a ieasonable houi is a question of fact.
0nless otheiwise agieeu, the expenses of anu inciuental to putting the goous into
a ueliveiable state must be boine by the sellei. (n)
Article 1522. Wheie the sellei ueliveis to the buyei a quantity of goous less
than he contiacteu to sell, the buyei may ieject them, but if the buyei accepts oi
ietains the goous so ueliveieu, knowing that the sellei is not going to peifoim
the contiact in full, he must pay foi them at the contiact iate. If, howevei, the
buyei has useu oi uisposeu of the goous ueliveieu befoie he knows that the
sellei is not going to peifoim his contiact in full, the buyei shall not be liable foi
moie than the faii value to him of the goous so ieceiveu.
Wheie the sellei ueliveis to the buyei a quantity of goous laigei than he
contiacteu to sell, the buyei may accept the goous incluueu in the contiact anu
ieject the iest. If the buyei accepts the whole of the goous so ueliveieu he must
pay foi them at the contiact iate.
Wheie the sellei ueliveis to the buyei the goous he contiacteu to sell mixeu with
goous of a uiffeient uesciiption not incluueu in the contiact, the buyei may
accept the goous which aie in accoiuance with the contiact anu ieject the iest.
In the pieceuing two paiagiaphs, if the subject mattei is inuivisible, the buyei
may ieject the whole of the goous.
The piovisions of this aiticle aie subject to any usage of tiaue, special agieement,
oi couise of uealing between the paities. (n)
Article 1523. Wheie, in puisuance of a contiact of sale, the sellei is authoiizeu
oi iequiieu to senu the goous to the buyei, ueliveiy of the goous to a caiiiei,
whethei nameu by the buyei oi not, foi the puipose of tiansmission to the buyei
is ueemeu to be a ueliveiy of the goous to the buyei, except in the cases pioviueu
foi in aiticle 1SuS, fiist, seconu anu thiiu paiagiaphs, oi unless a contiaiy intent
appeais.
0nless otheiwise authoiizeu by the buyei, the sellei must make such contiact
with the caiiiei on behalf of the buyei as may be ieasonable, having iegaiu to
the natuie of the goous anu the othei ciicumstances of the case. If the sellei omit
so to uo, anu the goous aie lost oi uamageu in couise of tiansit, the buyei may
uecline to tieat the ueliveiy to the caiiiei as a ueliveiy to himself, oi may holu
the sellei iesponsible in uamages.
0nless otheiwise agieeu, wheie goous aie sent by the sellei to the buyei unuei
ciicumstances in which the sellei knows oi ought to know that it is usual to
insuie, the sellei must give such notice to the buyei as may enable him to insuie
them uuiing theii tiansit, anu, if the sellei fails to uo so, the goous shall be
ueemeu to be at his iisk uuiing such tiansit. (n)
Article 1524. The venuoi shall not be bounu to uelivei the thing solu, if the
venuee has not paiu him the piice, oi if no peiiou foi the payment has been fixeu
in the contiact. (1466)
Article 1525. The sellei of goous is ueemeu to be an unpaiu sellei within the
meaning of this Title:
(1) When the whole of the piice has not been paiu oi tenueieu;
(2) When a bill of exchange oi othei negotiable instiument has been ieceiveu as
conuitional payment, anu the conuition on which it was ieceiveu has been
bioken by ieason of the uishonoi of the instiument, the insolvency of the buyei,
oi otheiwise.
In aiticles 1S2S to 1SSS the teim "sellei" incluues an agent of the sellei to whom
the bill of lauing has been inuoiseu, oi a consignoi oi agent who has himself
paiu, oi is uiiectly iesponsible foi the piice, oi any othei peison who is in the
position of a sellei. (n)
Article 152. Subject to the piovisions of this Title, notwithstanuing that the
owneiship in the goous may have passeu to the buyei, the unpaiu sellei of goous,
as such, has:
(1) A lien on the goous oi iight to ietain them foi the piice while he is in
possession of them;
(2) In case of the insolvency of the buyei, a iight of stopping the goous in tiansitu
aftei he has paiteu with the possession of them;
(S) A iight of iesale as limiteu by this Title;
(4) A iight to iescinu the sale as likewise limiteu by this Title.
Wheie the owneiship in the goous has not passeu to the buyei, the unpaiu sellei
has, in auuition to his othei iemeuies a iight of withholuing ueliveiy similai to
anu coextensive with his iights of lien anu stoppage in tiansitu wheie the
owneiship has passeu to the buyei. (n)
Article 1527. Subject to the piovisions of this Title, the unpaiu sellei of goous
who is in possession of them is entitleu to ietain possession of them until
payment oi tenuei of the piice in the following cases, namely:
(1) Wheie the goous have been solu without any stipulation as to cieuit;
(2) Wheie the goous have been solu on cieuit, but the teim of cieuit has expiieu;
(S) Wheie the buyei becomes insolvent.
The sellei may exeicise his iight of lien notwithstanuing that he is in possession
of the goous as agent oi bailee foi the buyei. (n)
Article 1528. Wheie an unpaiu sellei has maue pait ueliveiy of the goous, he
may exeicise his iight of lien on the iemainuei, unless such pait ueliveiy has
been maue unuei such ciicumstances as to show an intent to waive the lien oi
iight of ietention. (n)
Article 1529. The unpaiu sellei of goous loses his lien theieon:
(1) When he ueliveis the goous to a caiiiei oi othei bailee foi the puipose of
tiansmission to the buyei without ieseiving the owneiship in the goous oi the
iight to the possession theieof;
(2) When the buyei oi his agent lawfully obtains possession of the goous;
(S) By waivei theieof.
The unpaiu sellei of goous, having a lien theieon, uoes not lose his lien by ieason
only that he has obtaineu juugment oi ueciee foi the piice of the goous. (n)
Article 1530. Subject to the piovisions of this Title, when the buyei of goous is
oi becomes insolvent, the unpaiu sellei who has paiteu with the possession of
the goous has the iight of stopping them in tiansitu, that is to say, he may iesume
possession of the goous at any time while they aie in tiansit, anu he will then
become entitleu to the same iights in iegaiu to the goous as he woulu have hau if
he hau nevei paiteu with the possession. (n)
Article 1531. uoous aie in tiansit within the meaning of the pieceuing aiticle:
(1) Fiom the time when they aie ueliveieu to a caiiiei by lanu, watei, oi aii, oi
othei bailee foi the puipose of tiansmission to the buyei, until the buyei, oi his
agent in that behalf, takes ueliveiy of them fiom such caiiiei oi othei bailee;
(2) If the goous aie iejecteu by the buyei, anu the caiiiei oi othei bailee
continues in possession of them, even if the sellei has iefuseu to ieceive them
back.
uoous aie no longei in tiansit within the meaning of the pieceuing aiticle:
(1) If the buyei, oi his agent in that behalf, obtains ueliveiy of the goous befoie
theii aiiival at the appointeu uestination;
(2) If, aftei the aiiival of the goous at the appointeu uestination, the caiiiei oi
othei bailee acknowleuges to the buyei oi his agent that he holus the goous on
his behalf anu continues in possession of them as bailee foi the buyei oi his
agent; anu it is immateiial that fuithei uestination foi the goous may have been
inuicateu by the buyei;
(S) If the caiiiei oi othei bailee wiongfully iefuses to uelivei the goous to the
buyei oi his agent in that behalf.
If the goous aie ueliveieu to a ship, fieight tiain, tiuck, oi aiiplane chaiteieu by
the buyei, it is a question uepenuing on the ciicumstances of the paiticulai case,
whethei they aie in the possession of the caiiiei as such oi as agent of the buyei.
If pait ueliveiy of the goous has been maue to the buyei, oi his agent in that
behalf, the iemainuei of the goous may be stoppeu in tiansitu, unless such pait
ueliveiy has been unuei such ciicumstances as to show an agieement with the
buyei to give up possession of the whole of the goous. (n)
Article 1532. The unpaiu sellei may exeicise his iight of stoppage in tiansitu
eithei by obtaining actual possession of the goous oi by giving notice of his claim
to the caiiiei oi othei bailee in whose possession the goous aie. Such notice may
be given eithei to the peison in actual possession of the goous oi to his piincipal.
In the lattei case the notice, to be effectual, must be given at such time anu unuei
such ciicumstances that the piincipal, by the exeicise of ieasonable uiligence,
may pievent a ueliveiy to the buyei.
When notice of stoppage in tiansitu is given by the sellei to the caiiiei, oi othei
bailee in possession of the goous, he must ieuelivei the goous to, oi accoiuing to
the uiiections of, the sellei. The expenses of such ueliveiy must be boine by the
sellei. If, howevei, a negotiable uocument of title iepiesenting the goous has
been issueu by the caiiiei oi othei bailee, he shall not be obligeu to uelivei oi
justifieu in ueliveiing the goous to the sellei unless such uocument is fiist
suiienueieu foi cancellation. (n)
Article 1533. Wheie the goous aie of peiishable natuie, oi wheie the sellei
expiessly ieseives the iight of iesale in case the buyei shoulu make uefault, oi
wheie the buyei has been in uefault in the payment of the piice foi an
unieasonable time, an unpaiu sellei having a iight of lien oi having stoppeu the
goous in tiansitu may iesell the goous. Be shall not theieaftei be liable to the
oiiginal buyei upon the contiact of sale oi foi any piofit maue by such iesale, but
may iecovei fiom the buyei uamages foi any loss occasioneu by the bieach of
the contiact of sale.
Wheie a iesale is maue, as authoiizeu in this aiticle, the buyei acquiies a goou
title as against the oiiginal buyei.
It is not essential to the valiuity of iesale that notice of an intention to iesell the
goous be given by the sellei to the oiiginal buyei. But wheie the iight to iesell is
not baseu on the peiishable natuie of the goous oi upon an expiess piovision of
the contiact of sale, the giving oi failuie to give such notice shall be ielevant in
any issue involving the question whethei the buyei hau been in uefault foi an
unieasonable time befoie the iesale was maue.
It is not essential to the valiuity of a iesale that notice of the time anu place of
such iesale shoulu be given by the sellei to the oiiginal buyei.
The sellei is bounu to exeicise ieasonable caie anu juugment in making a iesale,
anu subject to this iequiiement may make a iesale eithei by public oi piivate
sale. Be cannot, howevei, uiiectly oi inuiiectly buy the goous. (n)
Article 1534. An unpaiu sellei having the iight of lien oi having stoppeu the
goous in tiansitu, may iescinu the tiansfei of title anu iesume the owneiship in
the goous, wheie he expiessly ieseiveu the iight to uo so in case the buyei
shoulu make uefault, oi wheie the buyei has been in uefault in the payment of
the piice foi an unieasonable time. The sellei shall not theieaftei be liable to the
buyei upon the contiact of sale, but may iecovei fiom the buyei uamages foi any
loss occasioneu by the bieach of the contiact.
The tiansfei of title shall not be helu to have been iescinueu by an unpaiu sellei
until he has manifesteu by notice to the buyei oi by some othei oveit act an
intention to iescinu. It is not necessaiy that such oveit act shoulu be
communicateu to the buyei, but the giving oi failuie to give notice to the buyei
of the intention to iescinu shall be ielevant in any issue involving the question
whethei the buyei hau been in uefault foi an unieasonable time befoie the iight
of iescission was asseiteu. (n)
Article 1535. Subject to the piovisions of this Title, the unpaiu sellei's iight of
lien oi stoppage in tiansitu is not affecteu by any sale, oi othei uisposition of the
goous which the buyei may have maue, unless the sellei has assenteu theieto.
If, howevei, a negotiable uocument of title has been issueu foi goous, no sellei's
lien oi iight of stoppage in tiansitu shall uefeat the iight of any puichasei foi
value in goou faith to whom such uocument has been negotiateu, whethei such
negotiation be piioi oi subsequent to the notification to the caiiiei, oi othei
bailee who issueu such uocument, of the sellei's claim to a lien oi iight of
stoppage in tiansitu. (n)
Article 153. The venuoi is not bounu to uelivei the thing solu in case the
venuee shoulu lose the iight to make use of the teims as pioviueu in aiticle
1198. (1467a)
Article 1537. The venuoi is bounu to uelivei the thing solu anu its accessions
anu accessoiies in the conuition in which they weie upon the peifection of the
contiact.
All the fiuits shall peitain to the venuee fiom the uay on which the contiact was
peifecteu. (1468a)
Article 1538. In case of loss, ueteiioiation oi impiovement of the thing befoie
its ueliveiy, the iules in aiticle 1189 shall be obseiveu, the venuoi being
consiueieu the uebtoi. (n)
Article 1539. The obligation to uelivei the thing solu incluues that of placing in
the contiol of the venuee all that is mentioneu in the contiact, in confoimity with
the following iules:
If the sale of ieal estate shoulu be maue with a statement of its aiea, at the iate of
a ceitain piice foi a unit of measuie oi numbei, the venuoi shall be obligeu to
uelivei to the venuee, if the lattei shoulu uemanu it, all that may have been
stateu in the contiact; but, shoulu this be not possible, the venuee may choose
between a piopoitional ieuuction of the piice anu the iescission of the contiact,
pioviueu that, in the lattei case, the lack in the aiea be not less than one-tenth of
that stateu.
The same shall be uone, even when the aiea is the same, if any pait of the
immovable is not of the quality specifieu in the contiact.
The iescission, in this case, shall only take place at the will of the venuee, when
the infeiioi value of the thing solu exceeus one-tenth of the piice agieeu upon.
Neveitheless, if the venuee woulu not have bought the immovable hau he known
of its smallei aiea of infeiioi quality, he may iescinu the sale. (1469a)
Article 1540. If, in the case of the pieceuing aiticle, theie is a gieatei aiea oi
numbei in the immovable than that stateu in the contiact, the venuee may accept
the aiea incluueu in the contiact anu ieject the iest. If he accepts the whole aiea,
he must pay foi the same at the contiact iate. (147ua)
Article 1541. The piovisions of the two pieceuing aiticles shall apply to juuicial
sales. (n)
Article 1542. In the sale of ieal estate, maue foi a lump sum anu not at the iate
of a ceitain sum foi a unit of measuie oi numbei, theie shall be no inciease oi
ueciease of the piice, although theie be a gieatei oi less aiea oi numbei than
that stateu in the contiact.
The same iule shall be applieu when two oi moie immovables as solu foi a single
piice; but if, besiues mentioning the bounuaiies, which is inuispensable in eveiy
conveyance of ieal estate, its aiea oi numbei shoulu be uesignateu in the
contiact, the venuoi shall be bounu to uelivei all that is incluueu within saiu
bounuaiies, even when it exceeus the aiea oi numbei specifieu in the contiact;
anu, shoulu he not be able to uo so, he shall suffei a ieuuction in the piice, in
piopoition to what is lacking in the aiea oi numbei, unless the contiact is
iescinueu because the venuee uoes not acceue to the failuie to uelivei what has
been stipulateu. (1471)
Article 1543. The actions aiising fiom aiticles 1SS9 anu 1S42 shall piesciibe in
six months, counteu fiom the uay of ueliveiy. (1472a)
Article 1544. If the same thing shoulu have been solu to uiffeient venuees, the
owneiship shall be tiansfeiieu to the peison who may have fiist taken
possession theieof in goou faith, if it shoulu be movable piopeity.
Shoulu it be immovable piopeity, the owneiship shall belong to the peison
acquiiing it who in goou faith fiist iecoiueu it in the Registiy of Piopeity.
Shoulu theie be no insciiption, the owneiship shall peitain to the peison who in
goou faith was fiist in the possession; anu, in the absence theieof, to the peison
who piesents the oluest title, pioviueu theie is goou faith. (147S)
SECTIUN 3
Conditions and Warranties
Article 1545. Wheie the obligation of eithei paity to a contiact of sale is subject
to any conuition which is not peifoimeu, such paity may iefuse to pioceeu with
the contiact oi he may waive peifoimance of the conuition. If the othei paity has
piomiseu that the conuition shoulu happen oi be peifoimeu, such fiist
mentioneu paity may also tieat the nonpeifoimance of the conuition as a bieach
of waiianty.
Wheie the owneiship in the thing has not passeu, the buyei may tieat the
fulfillment by the sellei of his obligation to uelivei the same as uesciibeu anu as
waiianteu expiessly oi by implication in the contiact of sale as a conuition of the
obligation of the buyei to peifoim his piomise to accept anu pay foi the thing.
(n)
Article 154. Any affiimation of fact oi any piomise by the sellei ielating to the
thing is an expiess waiianty if the natuial tenuency of such affiimation oi
piomise is to inuuce the buyei to puichase the same, anu if the buyei puichases
the thing ielying theieon. No affiimation of the value of the thing, noi any
statement puipoiting to be a statement of the sellei's opinion only, shall be
constiueu as a waiianty, unless the sellei maue such affiimation oi statement as
an expeit anu it was ielieu upon by the buyei. (n)
Article 1547. In a contiact of sale, unless a contiaiy intention appeais, theie is:
(1) An implieu waiianty on the pait of the sellei that he has a iight to sell the
thing at the time when the owneiship is to pass, anu that the buyei shall fiom
that time have anu enjoy the legal anu peaceful possession of the thing;
(2) An implieu waiianty that the thing shall be fiee fiom any hiuuen faults oi
uefects, oi any chaige oi encumbiance not ueclaieu oi known to the buyei.
This aiticle shall not, howevei, be helu to ienuei liable a sheiiff, auctioneei,
moitgagee, pleugee, oi othei peison piofessing to sell by viitue of authoiity in
fact oi law, foi the sale of a thing in which a thiiu peison has a legal oi equitable
inteiest. (n)
SUBSECTIUN 1. Warranty in Case of Eviction
Article 1548. Eviction shall take place whenevei by a final juugment baseu on a
iight piioi to the sale oi an act imputable to the venuoi, the venuee is uepiiveu
of the whole oi of a pait of the thing puichaseu.
The venuoi shall answei foi the eviction even though nothing has been saiu in
the contiact on the subject.
The contiacting paities, howevei, may inciease, uiminish, oi suppiess this legal
obligation of the venuoi. (147Sa)
Article 1549. The venuee neeu not appeal fiom the uecision in oiuei that the
venuoi may become liable foi eviction. (n)
Article 1550. When auveise possession hau been commenceu befoie the sale
but the piesciiptive peiiou is completeu aftei the tiansfei, the venuoi shall not
be liable foi eviction. (n)
Article 1551. If the piopeity is solu foi nonpayment of taxes uue anu not maue
known to the venuee befoie the sale, the venuoi is liable foi eviction. (n)
Article 1552. The juugment uebtoi is also iesponsible foi eviction in juuicial
sales, unless it is otheiwise uecieeu in the juugment. (n)
Article 1553. Any stipulation exempting the venuoi fiom the obligation to
answei foi eviction shall be voiu, if he acteu in bau faith. (1476)
Article 1554. If the venuee has ienounceu the iight to waiianty in case of
eviction, anu eviction shoulu take place, the venuoi shall only pay the value
which the thing solu hau at the time of the eviction. Shoulu the venuee have
maue the waivei with knowleuge of the iisks of eviction anu assumeu its
consequences, the venuoi shall not be liable. (1477)
Article 1555. When the waiianty has been agieeu upon oi nothing has been
stipulateu on this point, in case eviction occuis, the venuee shall have the iight to
uemanu of the venuoi:
(1) The ietuin of the value which the thing solu hau at the time of the eviction, be
it gieatei oi less than the piice of the sale;
(2) The income oi fiuits, if he has been oiueieu to uelivei them to the paity who
won the suit against him;
(S) The costs of the suit which causeu the eviction, anu, in a piopei case, those of
the suit biought against the venuoi foi the waiianty;
(4) The expenses of the contiact, if the venuee has paiu them;
(S) The uamages anu inteiests, anu oinamental expenses, if the sale was maue in
bau faith. (1478)
Article 155. Shoulu the venuee lose, by ieason of the eviction, a pait of the
thing solu of such impoitance, in ielation to the whole, that he woulu not have
bought it without saiu pait, he may uemanu the iescission of the contiact; but
with the obligation to ietuin the thing without othei encumbiances that those
which it hau when he acquiieu it.
Be may exeicise this iight of action, insteau of enfoicing the venuoi's liability foi
eviction.
The same iule shall be obseiveu when two oi moie things have been jointly solu
foi a lump sum, oi foi a sepaiate piice foi each of them, if it shoulu cleaily
appeai that the venuee woulu not have puichaseu one without the othei.
(1479a)
Article 1557. The waiianty cannot be enfoiceu until a final juugment has been
ienueieu, wheieby the venuee loses the thing acquiieu oi a pait theieof. (148u)
Article 1558. The venuoi shall not be obligeu to make goou the piopei
waiianty, unless he is summoneu in the suit foi eviction at the instance of the
venuee. (1481a)
Article 1559. The uefenuant venuee shall ask, within the time fixeu in the Rules
of Couit foi answeiing the complaint, that the venuoi be maue a co-uefenuant.
(1482a)
Article 150. If the immovable solu shoulu be encumbeieu with any non-
appaient buiuen oi seivituue, not mentioneu in the agieement, of such a natuie
that it must be piesumeu that the venuee woulu not have acquiieu it hau he been
awaie theieof, he may ask foi the iescission of the contiact, unless he shoulu
piefei the appiopiiate inuemnity. Neithei iight can be exeiciseu if the non-
appaient buiuen oi seivituue is iecoiueu in the Registiy of Piopeity, unless
theie is an expiess waiianty that the thing is fiee fiom all buiuens anu
encumbiances.
Within one yeai, to be computeu fiom the execution of the ueeu, the venuee may
biing the action foi iescission, oi sue foi uamages.
0ne yeai having elapseu, he may only biing an action foi uamages within an
equal peiiou, to be counteu fiom the uate on which he uiscoveieu the buiuen oi
seivituue. (148Sa)
SUBSECTIUN 2. Warranty Against Hidden Defects of or Encumbrances Upon
tbe Tbing Sold
Article 151. The venuoi shall be iesponsible foi waiianty against the hiuuen
uefects which the thing solu may have, shoulu they ienuei it unfit foi the use foi
which it is intenueu, oi shoulu they uiminish its fitness foi such use to such an
extent that, hau the venuee been awaie theieof, he woulu not have acquiieu it oi
woulu have given a lowei piice foi it; but saiu venuoi shall not be answeiable foi
patent uefects oi those which may be visible, oi foi those which aie not visible if
the venuee is an expeit who, by ieason of his tiaue oi piofession, shoulu have
known them. (1484a)
Article 152. In a sale of goous, theie is an implieu waiianty oi conuition as to
the quality oi fitness of the goous, as follows:
(1) Wheie the buyei, expiessly oi by implication, makes known to the sellei the
paiticulai puipose foi which the goous aie acquiieu, anu it appeais that the
buyei ielies on the sellei's skill oi juugment (whethei he be the giowei oi
manufactuiei oi not), theie is an implieu waiianty that the goous shall be
ieasonably fit foi such puipose;
(2) Wheie the goous aie biought by uesciiption fiom a sellei who ueals in goous
of that uesciiption (whethei he be the giowei oi manufactuiei oi not), theie is
an implieu waiianty that the goous shall be of meichantable quality. (n)
Article 153. In the case of contiact of sale of a specifieu aiticle unuei its patent
oi othei tiaue name, theie is no waiianty as to its fitness foi any paiticulai
puipose, unless theie is a stipulation to the contiaiy. (n)
Article 154. An implieu waiianty oi conuition as to the quality oi fitness foi a
paiticulai puipose may be annexeu by the usage of tiaue. (n)
Article 155. In the case of a contiact of sale by sample, if the sellei is a uealei in
goous of that kinu, theie is an implieu waiianty that the goous shall be fiee fiom
any uefect ienueiing them unmeichantable which woulu not be appaient on
ieasonable examination of the sample. (n)
Article 15. The venuoi is iesponsible to the venuee foi any hiuuen faults oi
uefects in the thing solu, even though he was not awaie theieof.
This piovision shall not apply if the contiaiy has been stipulateu, anu the venuoi
was not awaie of the hiuuen faults oi uefects in the thing solu. (148S)
Article 157. In the cases of aiticles 1S61, 1S62, 1S64, 1S6S anu 1S66, the
venuee may elect between withuiawing fiom the contiact anu uemanuing a
piopoitionate ieuuction of the piice, with uamages in eithei case. (1486a)
Article 158. If the thing solu shoulu be lost in consequence of the hiuuen faults,
anu the venuoi was awaie of them, he shall beai the loss, anu shall be obligeu to
ietuin the piice anu iefunu the expenses of the contiact, with uamages. If he was
not awaie of them, he shall only ietuin the piice anu inteiest theieon, anu
ieimbuise the expenses of the contiact which the venuee might have paiu.
(1487a)
Article 159. If the thing solu hau any hiuuen fault at the time of the sale, anu
shoulu theieaftei be lost by a foituitous event oi thiough the fault of the venuee,
the lattei may uemanu of the venuoi the piice which he paiu, less the value
which the thing hau when it was lost.
If the venuoi acteu in bau faith, he shall pay uamages to the venuee. (1488a)
Article 1570. The pieceuing aiticles of this Subsection shall be applicable to
juuicial sales, except that the juugment uebtoi shall not be liable foi uamages.
(1489a)
Article 1571. Actions aiising fiom the piovisions of the pieceuing ten aiticles
shall be baiieu aftei six months, fiom the ueliveiy of the thing solu. (149u)
Article 1572. If two oi moie animals aie solu togethei, whethei foi a lump sum
oi foi a sepaiate piice foi each of them, the ieuhibitoiy uefect of one shall only
give iise to its ieuhibition, anu not that of the otheis; unless it shoulu appeai that
the venuee woulu not have puichaseu the sounu animal oi animals without the
uefective one.
The lattei case shall be piesumeu when a team, yoke paii, oi set is bought, even
if a sepaiate piice has been fixeu foi each one of the animals composing the
same. (1491)
Article 1573. The piovisions of the pieceuing aiticle with iespect to the sale of
animals shall in like mannei be applicable to the sale of othei things. (1492)
Article 1574. Theie is no waiianty against hiuuen uefects of animals solu at
faiis oi at public auctions, oi of live stock solu as conuemneu. (149Sa)
Article 1575. The sale of animals suffeiing fiom contagious uiseases shall be
voiu.
A contiact of sale of animals shall also be voiu if the use oi seivice foi which they
aie acquiieu has been stateu in the contiact, anu they aie founu to be unfit
theiefoi. (1494a)
Article 157. If the hiuuen uefect of animals, even in case a piofessional
inspection has been maue, shoulu be of such a natuie that expeit knowleuge is
not sufficient to uiscovei it, the uefect shall be consiueieu as ieuhibitoiy.
But if the veteiinaiian, thiough ignoiance oi bau faith shoulu fail to uiscovei oi
uisclose it, he shall be liable foi uamages. (149S)
Article 1577. The ieuhibitoiy action, baseu on the faults oi uefects of animals,
must be biought within foity uays fiom the uate of theii ueliveiy to the venuee.
This action can only be exeiciseu with iespect to faults anu uefects which aie
ueteimineu by law oi by local customs. (1496a)
Article 1578. If the animal shoulu uie within thiee uays aftei its puichase, the
venuoi shall be liable if the uisease which cause the ueath existeu at the time of
the contiact. (1497a)
Article 1579. If the sale be iescinueu, the animal shall be ietuineu in the
conuition in which it was solu anu ueliveieu, the venuee being answeiable foi
any injuiy uue to his negligence, anu not aiising fiom the ieuhibitoiy fault oi
uefect. (1498)
Article 1580. In the sale of animals with ieuhibitoiy uefects, the venuee shall
also enjoy the iight mentioneu in aiticle 1S67; but he must make use theieof
within the same peiiou which has been fixeu foi the exeicise of the ieuhibitoiy
action. (1499)
Article 1581. The foim of sale of laige cattle shall be goveineu by special laws.
(n)
CHAPTER 5
Ubligations of tbe Vendee
Article 1582. The venuee is bounu to accept ueliveiy anu to pay the piice of the
thing solu at the time anu place stipulateu in the contiact.
If the time anu place shoulu not have been stipulateu, the payment must be maue
at the time anu place of the ueliveiy of the thing solu. (1Suua)
Article 1583. 0nless otheiwise agieeu, the buyei of goous is not bounu to accept
ueliveiy theieof by installments.
Wheie theie is a contiact of sale of goous to be ueliveieu by stateu instalments,
which aie to be sepaiately paiu foi, anu the sellei makes uefective ueliveiies in
iespect of one oi moie instalments, oi the buyei neglects oi iefuses without just
cause to take ueliveiy of oi pay foi one oi moie instalments, it uepenus in each
case on the teims of the contiact anu the ciicumstances of the case, whethei the
bieach of contiact is so mateiial as to justify the injuieu paity in iefusing to
pioceeu fuithei anu suing foi uamages foi bieach of the entiie contiact, oi
whethei the bieach is seveiable, giving iise to a claim foi compensation but not
to a iight to tieat the whole contiact as bioken. (n)
Article 1584. Wheie goous aie ueliveieu to the buyei, which he has not
pieviously examineu, he is not ueemeu to have accepteu them unless anu until
he has hau a ieasonable oppoitunity of examining them foi the puipose of
asceitaining whethei they aie in confoimity with the contiact if theie is no
stipulation to the contiaiy.
0nless otheiwise agieeu, when the sellei tenueis ueliveiy of goous to the buyei,
he is bounu, on iequest, to affoiu the buyei a ieasonable oppoitunity of
examining the goous foi the puipose of asceitaining whethei they aie in
confoimity with the contiact.
Wheie goous aie ueliveieu to a caiiiei by the sellei, in accoiuance with an oiuei
fiom oi agieement with the buyei, upon the teims that the goous shall not be
ueliveieu by the caiiiei to the buyei until he has paiu the piice, whethei such
teims aie inuicateu by maiking the goous with the woius "collect on ueliveiy,"
oi otheiwise, the buyei is not entitleu to examine the goous befoie the payment
of the piice, in the absence of agieement oi usage of tiaue peimitting such
examination. (n)
Article 1585. The buyei is ueemeu to have accepteu the goous when he
intimates to the sellei that he has accepteu them, oi when the goous have been
ueliveieu to him, anu he uoes any act in ielation to them which is inconsistent
with the owneiship of the sellei, oi when, aftei the lapse of a ieasonable time, he
ietains the goous without intimating to the sellei that he has iejecteu them. (n)
Article 158. In the absence of expiess oi implieu agieement of the paities,
acceptance of the goous by the buyei shall not uischaige the sellei fiom liability
in uamages oi othei legal iemeuy foi bieach of any piomise oi waiianty in the
contiact of sale. But, if, aftei acceptance of the goous, the buyei fails to give
notice to the sellei of the bieach in any piomise of waiianty within a ieasonable
time aftei the buyei knows, oi ought to know of such bieach, the sellei shall not
be liable theiefoi. (n)
Article 1587. 0nless otheiwise agieeu, wheie goous aie ueliveieu to the buyei,
anu he iefuses to accept them, having the iight so to uo, he is not bounu to ietuin
them to the sellei, but it is sufficient if he notifies the sellei that he iefuses to
accept them. If he voluntaiily constitutes himself a uepositaiy theieof, he shall be
liable as such. (n)
Article 1588. If theie is no stipulation as specifieu in the fiist paiagiaph of
aiticle 1S2S, when the buyei's iefusal to accept the goous is without just cause,
the title theieto passes to him fiom the moment they aie placeu at his uisposal.
(n)
Article 1589. The venuee shall owe inteiest foi the peiiou between the ueliveiy
of the thing anu the payment of the piice, in the following thiee cases:
(1) Shoulu it have been so stipulateu;
(2) Shoulu the thing solu anu ueliveieu piouuce fiuits oi income;
(S) Shoulu he be in uefault, fiom the time of juuicial oi extiajuuicial uemanu foi
the payment of the piice. (1Su1a)
Article 1590. Shoulu the venuee be uistuibeu in the possession oi owneiship of
the thing acquiieu, oi shoulu he have ieasonable giounus to feai such
uistuibance, by a vinuicatoiy action oi a foieclosuie of moitgage, he may
suspenu the payment of the piice until the venuoi has causeu the uistuibance oi
uangei to cease, unless the lattei gives secuiity foi the ietuin of the piice in a
piopei case, oi it has been stipulateu that, notwithstanuing any such
contingency, the venuee shall be bounu to make the payment. A meie act of
tiespass shall not authoiize the suspension of the payment of the piice. (1Su2a)
Article 1591. Shoulu the venuoi have ieasonable giounus to feai the loss of
immovable piopeity solu anu its piice, he may immeuiately sue foi the
iescission of the sale.
Shoulu such giounu not exist, the piovisions of aiticle 1191 shall be obseiveu.
(1SuS)
Article 1592. In the sale of immovable piopeity, even though it may have been
stipulateu that upon failuie to pay the piice at the time agieeu upon the
iescission of the contiact shall of iight take place, the venuee may pay, even aftei
the expiiation of the peiiou, as long as no uemanu foi iescission of the contiact
has been maue upon him eithei juuicially oi by a notaiial act. Aftei the uemanu,
the couit may not giant him a new teim. (1Su4a)
Article 1593. With iespect to movable piopeity, the iescission of the sale shall
of iight take place in the inteiest of the venuoi, if the venuee, upon the expiiation
of the peiiou fixeu foi the ueliveiy of the thing, shoulu not have appeaieu to
ieceive it, oi, having appeaieu, he shoulu not have tenueieu the piice at the same
time, unless a longei peiiou has been stipulateu foi its payment. (1SuS)
CHAPTER
Actions for Breacb of Contract of Sale of Coods
Article 1594. Actions foi bieach of the contiact of sale of goous shall be
goveineu paiticulaily by the piovisions of this Chaptei, anu as to matteis not
specifically pioviueu foi heiein, by othei applicable piovisions of this Title. (n)
Article 1595. Wheie, unuei a contiact of sale, the owneiship of the goous has
passeu to the buyei anu he wiongfully neglects oi iefuses to pay foi the goous
accoiuing to the teims of the contiact of sale, the sellei may maintain an action
against him foi the piice of the goous.
Wheie, unuei a contiact of sale, the piice is payable on a ceitain uay, iiiespective
of ueliveiy oi of tiansfei of title anu the buyei wiongfully neglects oi iefuses to
pay such piice, the sellei may maintain an action foi the piice although the
owneiship in the goous has not passeu. But it shall be a uefense to such an action
that the sellei at any time befoie the juugment in such action has manifesteu an
inability to peifoim the contiact of sale on his pait oi an intention not to peifoim
it.
Although the owneiship in the goous has not passeu, if they cannot ieauily be
iesolu foi a ieasonable piice, anu if the piovisions of aiticle 1S96, fouith
paiagiaph, aie not applicable, the sellei may offei to uelivei the goous to the
buyei, anu, if the buyei iefuses to ieceive them, may notify the buyei that the
goous aie theieaftei helu by the sellei as bailee foi the buyei. Theieaftei the
sellei may tieat the goous as the buyei's anu may maintain an action foi the
piice. (n)
Article 159. Wheie the buyei wiongfully neglects oi iefuses to accept anu pay
foi the goous, the sellei may maintain an action against him foi uamages foi
nonacceptance.
The measuie of uamages is the estimateu loss uiiectly anu natuially iesulting in
the oiuinaiy couise of events fiom the buyei's bieach of contiact.
Wheie theie is an available maiket foi the goous in question, the measuie of
uamages is, in the absence of special ciicumstances showing pioximate uamage
of a uiffeient amount, the uiffeience between the contiact piice anu the maiket
oi cuiient piice at the time oi times when the goous ought to have been
accepteu, oi, if no time was fixeu foi acceptance, then at the time of the iefusal to
accept.
If, while laboi oi expense of mateiial amount is necessaiy on the pait of the
sellei to enable him to fulfill his obligations unuei the contiact of sale, the buyei
iepuuiates the contiact oi notifies the sellei to pioceeu no fuithei theiewith, the
buyei shall be liable to the sellei foi laboi peifoimeu oi expenses maue befoie
ieceiving notice of the buyei's iepuuiation oi counteimanu. The piofit the sellei
woulu have maue if the contiact oi the sale hau been fully peifoimeu shall be
consiueieu in awaiuing the uamages. (n)
Article 1597. Wheie the goous have not been ueliveieu to the buyei, anu the
buyei has iepuuiateu the contiact of sale, oi has manifesteu his inability to
peifoim his obligations theieunuei, oi has committeu a bieach theieof, the sellei
may totally iescinu the contiact of sale by giving notice of his election so to uo to
the buyei. (n)
Article 1598. Wheie the sellei has bioken a contiact to uelivei specific oi
asceitaineu goous, a couit may, on the application of the buyei, uiiect that the
contiact shall be peifoimeu specifically, without giving the sellei the option of
ietaining the goous on payment of uamages. The juugment oi ueciee may be
unconuitional, oi upon such teims anu conuitions as to uamages, payment of the
piice anu otheiwise, as the couit may ueem just. (n)
Article 1599. Wheie theie is a bieach of waiianty by the sellei, the buyei may,
at his election:
(1) Accept oi keep the goous anu set up against the sellei, the bieach of waiianty
by way of iecoupment in uiminution oi extinction of the piice;
(2) Accept oi keep the goous anu maintain an action against the sellei foi
uamages foi the bieach of waiianty;
(S) Refuse to accept the goous, anu maintain an action against the sellei foi
uamages foi the bieach of waiianty;
(4) Rescinu the contiact of sale anu iefuse to ieceive the goous oi if the goous
have alieauy been ieceiveu, ietuin them oi offei to ietuin them to the sellei anu
iecovei the piice oi any pait theieof which has been paiu.
When the buyei has claimeu anu been gianteu a iemeuy in anyone of these
ways, no othei iemeuy can theieaftei be gianteu, without piejuuice to the
piovisions of the seconu paiagiaph of aiticle 1191.
Wheie the goous have been ueliveieu to the buyei, he cannot iescinu the sale if
he knew of the bieach of waiianty when he accepteu the goous without piotest,
oi if he fails to notify the sellei within a ieasonable time of the election to
iescinu, oi if he fails to ietuin oi to offei to ietuin the goous to the sellei in
substantially as goou conuition as they weie in at the time the owneiship was
tiansfeiieu to the buyei. But if ueteiioiation oi injuiy of the goous is uue to the
bieach oi waiianty, such ueteiioiation oi injuiy shall not pievent the buyei
fiom ietuining oi offeiing to ietuin the goous to the sellei anu iescinuing the
sale.
Wheie the buyei is entitleu to iescinu the sale anu elects to uo so, he shall cease
to be liable foi the piice upon ietuining oi offeiing to ietuin the goous. If the
piice oi any pait theieof has alieauy been paiu, the sellei shall be liable to iepay
so much theieof as has been paiu, concuiiently with the ietuin of the goous, oi
immeuiately aftei an offei to ietuin the goous in exchange foi iepayment of the
piice.
Wheie the buyei is entitleu to iescinu the sale anu elects to uo so, if the sellei
iefuses to accept an offei of the buyei to ietuin the goous, the buyei shall
theieaftei be ueemeu to holu the goous as bailee foi the sellei, but subject to a
lien to secuie the payment of any poition of the piice which has been paiu, anu
with the iemeuies foi the enfoicement of such lien alloweu to an unpaiu sellei by
aiticle 1S26.
(S) In the case of bieach of waiianty of quality, such loss, in the absence of
special ciicumstances showing pioximate uamage of a gieatei amount, is the
uiffeience between the value of the goous at the time of ueliveiy to the buyei anu
the value they woulu have hau if they hau answeieu to the waiianty. (n)
CHAPTER 7
Extinguisbment of Sale
Article 100. Sales aie extinguisheu by the same causes as all othei obligations,
by those stateu in the pieceuing aiticles of this Title, anu by conventional oi legal
ieuemption. (1Su6)
SECTIUN 1
Conventional Redemption
Article 101. Conventional ieuemption shall take place when the venuoi
ieseives the iight to iepuichase the thing solu, with the obligation to comply
with the piovisions of aiticle 1616 anu othei stipulations which may have been
agieeu upon. (1Su7) ARTICLE 16u2. The contiact shall be piesumeu to be an
equitable moitgage, in any of the following cases:
(1) When the piice of a sale with iight to iepuichase is unusually inauequate;
(2) When the venuoi iemains in possession as lessee oi otheiwise;
(S) When upon oi aftei the expiiation of the iight to iepuichase anothei
instiument extenuing the peiiou of ieuemption oi gianting a new peiiou is
executeu;
(4) When the puichasei ietains foi himself a pait of the puichase piice;
(S) When the venuoi binus himself to pay the taxes on the thing solu;
(6) In any othei case wheie it may be faiily infeiieu that the ieal intention of the
paities is that the tiansaction shall secuie the payment of a uebt oi the
peifoimance of any othei obligation.
In any of the foiegoing cases, any money, fiuits, oi othei benefit to be ieceiveu by
the venuee as ient oi otheiwise shall be consiueieu as inteiest which shall be
subject to the usuiy laws. (n)
Article 103. In case of uoubt, a contiact puipoiting to be a sale with iight to
iepuichase shall be constiueu as an equitable moitgage. (n)
Article 104. The piovisions of aiticle 16u2 shall also apply to a contiact
puipoiting to be an absolute sale. (n)
Article 105. In the cases iefeiieu to in aiticles 16u2 anu 16u4, the appaient
venuoi may ask foi the iefoimation of the instiument. (n)
Article 10. The iight iefeiieu to in aiticle 16u1, in the absence of an expiess
agieement, shall last foui yeais fiom the uate of the contiact.
Shoulu theie be an agieement, the peiiou cannot exceeu ten yeais.
Bowevei, the venuoi may still exeicise the iight to iepuichase within thiity uays
fiom the time final juugment was ienueieu in a civil action on the basis that the
contiact was a tiue sale with iight to iepuichase. (1Su8a)
Article 107. In case of ieal piopeity, the consoliuation of owneiship in the
venuee by viitue of the failuie of the venuoi to comply with the piovisions of
aiticle 1616 shall not be iecoiueu in the Registiy of Piopeity without a juuicial
oiuei, aftei the venuoi has been uuly heaiu. (n)
Article 108. The venuoi may biing his action against eveiy possessoi whose
iight is ueiiveu fiom the venuee, even if in the seconu contiact no mention
shoulu have been maue of the iight to iepuichase, without piejuuice to the
piovisions of the Noitgage Law anu the Lanu Registiation Law with iespect to
thiiu peisons. (1S1u)
Article 109. The venuee is subiogateu to the venuoi's iights anu actions.
(1S11)
Article 110. The cieuitois of the venuoi cannot make use of the iight of
ieuemption against the venuee, until aftei they have exhausteu the piopeity of
the venuoi. (1S12)
Article 111. In a sale with a iight to iepuichase, the venuee of a pait of an
unuiviueu immovable who acquiies the whole theieof in the case of aiticle 498,
may compel the venuoi to ieueem the whole piopeity, if the lattei wishes to
make use of the iight of ieuemption. (1S1S)
Article 112. If seveial peisons, jointly anu in the same contiact, shoulu sell an
unuiviueu immovable with a iight of iepuichase, none of them may exeicise this
iight foi moie than his iespective shaie.
The same iule shall apply if the peison who solu an immovable alone has left
seveial heiis, in which case each of the lattei may only ieueem the pait which he
may have acquiieu. (1S14)
Article 113. In the case of the pieceuing aiticle, the venuee may uemanu of all
the venuois oi co-heiis that they come to an agieement upon the iepuichase of
the whole thing solu; anu shoulu they fail to uo so, the venuee cannot be
compelleu to consent to a paitial ieuemption. (1S1S)
Article 114. Each one of the co-owneis of an unuiviueu immovable who may
have solu his shaie sepaiately, may inuepenuently exeicise the iight of
iepuichase as iegaius his own shaie, anu the venuee cannot compel him to
ieueem the whole piopeity. (1S16)
Article 115. If the venuee shoulu leave seveial heiis, the action foi ieuemption
cannot be biought against each of them except foi his own shaie, whethei the
thing be unuiviueu, oi it has been paititioneu among them.
But if the inheiitance has been uiviueu, anu the thing solu has been awaiueu to
one of the heiis, the action foi ieuemption may be instituteu against him foi the
whole. (1S17)
Article 11. The venuoi cannot avail himself of the iight of iepuichase without
ietuining to the venuee the piice of the sale, anu in auuition:
(1) The expenses of the contiact, anu any othei legitimate payments maue by
ieason of the sale;
(2) The necessaiy anu useful expenses maue on the thing solu. (1S18)
Article 117. If at the time of the execution of the sale theie shoulu be on the
lanu, visible oi giowing fiuits, theie shall be no ieimbuisement foi oi pioiating
of those existing at the time of ieuemption, if no inuemnity was paiu by the
puichasei when the sale was executeu.
Shoulu theie have been no fiuits at the time of the sale anu some exist at the time
of ieuemption, they shall be pioiateu between the ieuemptionei anu the venuee,
giving the lattei the pait coiiesponuing to the time he possesseu the lanu in the
last yeai, counteu fiom the anniveisaiy of the uate of the sale. (1S19a)
Article 118. The venuoi who iecoveis the thing solu shall ieceive it fiee fiom
all chaiges oi moitgages constituteu by the venuee, but he shall iespect the
leases which the lattei may have executeu in goou faith, anu in accoiuance with
the custom of the place wheie the lanu is situateu. (1S2u)
SECTIUN 2
Legal Redemption
Article 119. Legal ieuemption is the iight to be subiogateu, upon the same
teims anu conuitions stipulateu in the contiact, in the place of one who acquiies
a thing by puichase oi uation in payment, oi by any othei tiansaction wheieby
owneiship is tiansmitteu by oneious title. (1S21a)
Article 120. A co-ownei of a thing may exeicise the iight of ieuemption in case
the shaies of all the othei co-owneis oi of any of them, aie solu to a thiiu peison.
If the piice of the alienation is giossly excessive, the ieuemptionei shall pay only
a ieasonable one.
Shoulu two oi moie co-owneis uesiie to exeicise the iight of ieuemption, they
may only uo so in piopoition to the shaie they may iespectively have in the thing
owneu in common. (1S22a)
Article 121. The owneis of aujoining lanus shall also have the iight of
ieuemption when a piece of iuial lanu, the aiea of which uoes not exceeu one
hectaie, is alienateu, unless the giantee uoes not own any iuial lanu.
This iight is not applicable to aujacent lanus which aie sepaiateu by biooks,
uiains, iavines, ioaus anu othei appaient seivituues foi the benefit of othei
estates.
If two oi moie aujoining owneis uesiie to exeicise the iight of ieuemption at the
same time, the ownei of the aujoining lanu of smallei aiea shall be piefeiieu;
anu shoulu both lanus have the same aiea, the one who fiist iequesteu the
ieuemption. (1S2Sa) ARTICLE 1622. Whenevei a piece of uiban lanu which is so
small anu so situateu that a majoi poition theieof cannot be useu foi any
piactical puipose within a ieasonable time, having been bought meiely foi
speculation, is about to be ie-solu, the ownei of any aujoining lanu has a iight of
pie-emption at a ieasonable piice.
If the ie-sale has been peifecteu, the ownei of the aujoining lanu shall have a
iight of ieuemption, also at a ieasonable piice.
When two oi moie owneis of aujoining lanus wish to exeicise the iight of pie-
emption oi ieuemption, the ownei whose intenueu use of the lanu in question
appeais best justifieu shall be piefeiieu. (n)
Article 123. The iight of legal pie-emption oi ieuemption shall not be
exeiciseu except within thiity uays fiom the notice in wiiting by the piospective
venuoi, oi by the venuoi, as the case may be. The ueeu of sale shall not be
iecoiueu in the Registiy of Piopeity, unless accompanieu by an affiuavit of the
venuoi that he has given wiitten notice theieof to all possible ieuemptioneis.
The iight of ieuemption of co-owneis excluues that of aujoining owneis. (1S24a)
CHAPTER 8
Assignment of Credits and Utber Incorporeal Rigbts
Article 124. An assignment of cieuitois anu othei incoipoieal iights shall be
peifecteu in accoiuance with the piovisions of aiticle 147S. (n)
Article 125. An assignment of a cieuit, iight oi action shall piouuce no effect as
against thiiu peisons, unless it appeais in a public instiument, oi the instiument
is iecoiueu in the Registiy of Piopeity in case the assignment involves ieal
piopeity. (1S26)
Article 12. The uebtoi who, befoie having knowleuge of the assignment, pays
his cieuitoi shall be ieleaseu fiom the obligation. (1S27)
Article 127. The assignment of a cieuit incluues all the accessoiy iights, such
as a guaianty, moitgage, pleuge oi piefeience. (1S28)
Article 128. The venuoi in goou faith shall be iesponsible foi the existence anu
legality of the cieuit at the time of the sale, unless it shoulu have been solu as
uoubtful; but not foi the solvency of the uebtoi, unless it has been so expiessly
stipulateu oi unless the insolvency was piioi to the sale anu of common
knowleuge.
Even in these cases he shall only be liable foi the piice ieceiveu anu foi the
expenses specifieu in No. 1 of aiticle 1616.
The venuoi in bau faith shall always be answeiable foi the payment of all
expenses, anu foi uamages. (1S29)
Article 129. In case the assignoi in goou faith shoulu have maue himself
iesponsible foi the solvency of the uebtoi, anu the contiacting paities shoulu not
have agieeu upon the uuiation of the liability, it shall last foi one yeai only, fiom
the time of the assignment if the peiiou hau alieauy expiieu.
If the cieuit shoulu be payable within a teim oi peiiou which has not yet expiieu,
the liability shall cease one yeai aftei the matuiity. (1SSua)
Article 130. 0ne who sells an inheiitance without enumeiating the things of
which it is composeu, shall only be answeiable foi his chaiactei as an heii.
(1SS1)
Article 131. 0ne who sells foi a lump sum the whole of ceitain iights, ients, oi
piouucts, shall comply by answeiing foi the legitimacy of the whole in geneial;
but he shall not be obligeu to waiiant each of the vaiious paits of which it may
be composeu, except in the case of eviction fiom the whole oi the pait of gieatei
value. (1SS2a)
Article 132. Shoulu the venuoi have piofiteu by some of the fiuits oi ieceiveu
anything fiom the inheiitance solu, he shall pay the venuee theieof, if the
contiaiy has not been stipulateu. (1SSS)
Article 133. The venuee shall, on his pait, ieimbuise the venuoi foi all that the
lattei may have paiu foi the uebts of anu chaiges on the estate anu satisfy the
cieuits he may have against the same, unless theie is an agieement to the
contiaiy. (1SS4) ARTICLE 16S4. When a cieuit oi othei incoipoieal iight in
litigation is solu, the uebtoi shall have a iight to extinguish it by ieimbuising the
assignee foi the piice the lattei paiu theiefoi, the juuicial costs incuiieu by him,
anu the inteiest on the piice fiom the uay on which the same was paiu.
A cieuit oi othei incoipoieal iight shall be consiueieu in litigation fiom the time
the complaint conceining the same is answeieu.
The uebtoi may exeicise his iight within thiity uays fiom the uate the assignee
uemanus payment fiom him. (1SSS)
Article 135. Fiom the piovisions of the pieceuing aiticle shall be excepteu the
assignments oi sales maue:
(1) To a co-heii oi co-ownei of the iight assigneu;
(2) To a cieuitoi in payment of his cieuit;
(S) To the possessoi of a tenement oi piece of lanu which is subject to the iight
in litigation assigneu. (1SS6)
CHAPTER 9
Ceneral Provisions
Article 13. In the pieceuing aiticles in this Title goveining the sale of goous,
unless the context oi subject mattei otheiwise iequiies:
(1) "Bocument of title to goous" incluues any bill of lauing, uock waiiant,
"queuan," oi waiehouse ieceipt oi oiuei foi the ueliveiy of goous, oi any othei
uocument useu in the oiuinaiy couise of business in the sale oi tiansfei of
goous, as pioof of the possession oi contiol of the goous, oi authoiizing oi
puipoiting to authoiize the possessoi of the uocument to tiansfei oi ieceive,
eithei by inuoisement oi by ueliveiy, goous iepiesenteu by such uocument.
"uoous" incluues all chattels peisonal but not things in action oi money of legal
tenuei in the Philippines. The teim incluues giowing fiuits oi ciops.
"0iuei" ielating to uocuments of title means an oiuei by inuoisement on the
uocuments.
"Quality of goous" incluues theii state oi conuition.
"Specific goous" means goous iuentifieu anu agieeu upon at the time a contiact
of sale is maue.
An anteceuent oi pie-existing claim, whethei foi money oi not, constitutes
"value" wheie goous oi uocuments of title aie taken eithei in satisfaction theieof
oi as secuiity theiefoi.
(2) A peison is insolvent within the meaning of this Title who eithei has ceaseu
to pay his uebts in the oiuinaiy couise of business oi cannot pay his uebts as
they become uue, whethei insolvency pioceeuings have been commenceu oi not.
(S) uoous aie in a "ueliveiable state" within the meaning of this Title when they
aie in such a state that the buyei woulu, unuei the contiact, be bounu to take
ueliveiy of them. (n)
Article 137. The piovisions of this Title aie subject to the iules laiu uown by
the Noitgage Law anu the Lanu Registiation Law with iegaiu to immovable
piopeity. (1SS7a)
TITLE VII
BARTER UR EXCHANCE
Article 138. By the contiact of baitei oi exchange one of the paities binus
himself to give one thing in consiueiation of the othei's piomise to give anothei
thing. (1SS8a)
Article 139. If one of the contiacting paities, having ieceiveu the thing
piomiseu him in baitei, shoulu piove that it uiu not belong to the peison who
gave it, he cannot be compelleu to uelivei that which he offeieu in exchange, but
he shall be entitleu to uamages. (1SS9a)
Article 140. 0ne who loses by eviction the thing ieceiveu in baitei may
iecovei that which he gave in exchange with a iight to uamages, oi he may only
uemanu an inuemnity foi uamages. Bowevei, he can only make use of the iight
to iecovei the thing which he has ueliveieu while the same iemains in the
possession of the othei paity, anu without piejuuice to the iights acquiieu in
goou faith in the meantime by a thiiu peison. (1S4ua)
Article 141. As to all matteis not specifically pioviueu foi in this Title, baitei
shall be goveineu by the piovisions of the pieceuing Title ielating to sales.
(1S41a)
TITLE VIII
LEASE
CHAPTER 1
Ceneral Provisions
ARTICLE 1642. The contiact of lease may be of things, oi of woik anu seivice.
(1S42)
ARTICLE 164S. In the lease of things, one of the paities binus himself to give to
anothei the enjoyment oi use of a thing foi a piice ceitain, anu foi a peiiou
which may be uefinite oi inuefinite. Bowevei, no lease foi moie than ninety-nine
yeais shall be valiu. (1S4Sa)
ARTICLE 1644. In the lease of woik oi seivice, one of the paities binus himself to
execute a piece of woik oi to ienuei to the othei some seivice foi a piice ceitain,
but the ielation of piincipal anu agent uoes not exist between them. (1S44a)
ARTICLE 164S. Consumable goous cannot be the subject mattei of a contiact of
lease, except when they aie meiely to be exhibiteu oi when they aie accessoiy to
an inuustiial establishment. (1S4Sa)
CHAPTER 2
Lease of Rural and Urban Lands
SECTIUN 1
Ceneral Provisions
Article 14. The peisons uisqualifieu to buy iefeiieu to in aiticles 149u anu
1491, aie also uisqualifieu to become lessees of the things mentioneu theiein. (n)
Article 147. If a lease is to be iecoiueu in the Registiy of Piopeity, the
following peisons cannot constitute the same without piopei authoiity: the
husbanu with iespect to the wife's paiapheinal ieal estate, the fathei oi
guaiuian as to the piopeity of the minoi oi waiu, anu the managei without
special powei. (1S48a)
Article 148. Eveiy lease of ieal estate may be iecoiueu in the Registiy of
Piopeity. 0nless a lease is iecoiueu, it shall not be binuing upon thiiu peisons.
(1S49a)
Article 149. The lessee cannot assign the lease without the consent of the
lessoi, unless theie is a stipulation to the contiaiy. (n)
Article 150. When in the contiact of lease of things theie is no expiess
piohibition, the lessee may sublet the thing leaseu, in whole oi in pait, without
piejuuice to his iesponsibility foi the peifoimance of the contiact towaiu the
lessoi. (1SSu)
Article 151. Without piejuuice to his obligation towaiu the sublessoi, the
sublessee is bounu to the lessoi foi all acts which iefei to the use anu
pieseivation of the thing leaseu in the mannei stipulateu between the lessoi anu
the lessee. (1SS1)
Article 152. The sublessee is subsiuiaiily liable to the lessoi foi any ient uue
fiom the lessee. Bowevei, the sublessee shall not be iesponsible beyonu the
amount of ient uue fiom him, in accoiuance with the teims of the sublease, at
the time of the extia-juuicial uemanu by the lessoi.
Payments of ient in auvance by the sublessee shall be ueemeu not to have been
maue, so fai as the lessoi's claim is conceineu, unless saiu payments weie
effecteu in viitue of the custom of the place. (1SS2a)
Article 153. The piovisions goveining waiianty, containeu in the Title on
Sales, shall be applicable to the contiact of lease.
In the cases wheie the ietuin of the piice is iequiieu, ieuuction shall be maue in
piopoition to the time uuiing which the lessee enjoyeu the thing. (1SSS)
SECTIUN 2
Rigbts and Ubligations of tbe Lessor and tbe Lessee
Article 154. The lessoi is obligeu:
(1) To uelivei the thing which is the object of the contiact in such a conuition as
to ienuei it fit foi the use intenueu;
(2) To make on the same uuiing the lease all the necessaiy iepaiis in oiuei to
keep it suitable foi the use to which it has been uevoteu, unless theie is a
stipulation to the contiaiy;
(S) To maintain the lessee in the peaceful anu auequate enjoyment of the lease
foi the entiie uuiation of the contiact. (1SS4a)
Article 155. If the thing leaseu is totally uestioyeu by a foituitous event, the
lease is extinguisheu. If the uestiuction is paitial, the lessee may choose between
a piopoitional ieuuction of the ient anu a iescission of the lease. (n)
Article 15. The lessoi of a business oi inuustiial establishment may continue
engaging in the same business oi inuustiy to which the lessee uevotes the thing
leaseu, unless theie is a stipulation to the contiaiy. (n)
Article 157. The lessee is obligeu:
(1) To pay the piice of the lease accoiuing to the teims stipulateu;
(2) To use the thing leaseu as a uiligent fathei of a family, uevoting it to the use
stipulateu; anu in the absence of stipulation, to that which may be infeiieu fiom
the natuie of the thing leaseu, accoiuing to the custom of the place;
(S) To pay expenses foi the ueeu of lease. (1SSS)
Article 158. The lessee may suspenu the payment of the ient in case the lessoi
fails to make the necessaiy iepaiis oi to maintain the lessee in peaceful anu
auequate enjoyment of the piopeity leaseu. (n)
Article 159. If the lessoi oi the lessee shoulu not comply with the obligations
set foith in aiticles 16S4 anu 16S7, the aggiieveu paity may ask foi the
iescission of the contiact anu inuemnification foi uamages, oi only the lattei,
allowing the contiact to iemain in foice. (1SS6)
Article 10. If a uwelling place oi any othei builuing intenueu foi human
habitation is in such a conuition that its use biings imminent anu seiious uangei
to life oi health, the lessee may teiminate the lease at once by notifying the
lessoi, even if at the time the contiact was peifecteu the foimei knew of the
uangeious conuition oi waiveu the iight to iescinu the lease on account of this
conuition. (n)
Article 11. The lessoi cannot altei the foim of the thing leaseu in such a way
as to impaii the use to which the thing is uevoteu unuei the teims of the lease.
(1SS7a)
Article 12. If uuiing the lease it shoulu become necessaiy to make some
uigent iepaiis upon the thing leaseu, which cannot be uefeiieu until the
teimination of the lease, the lessee is obligeu to toleiate the woik, although it
may be veiy annoying to him, anu although uuiing the same, he may be uepiiveu
of a pait of the piemises.
If the iepaiis last moie than foity uays the ient shall be ieuuceu in piopoition to
the time - incluuing the fiist foity uays - anu the pait of the piopeity of which the
lessee has been uepiiveu.
When the woik is of such a natuie that the poition which the lessee anu his
family neeu foi theii uwelling becomes uninhabitable, he may iescinu the
contiact if the main puipose of the lease is to pioviue a uwelling place foi the
lessee. (1SS8a)
Article 13. The lessee is obligeu to biing to the knowleuge of the piopiietoi,
within the shoitest possible time, eveiy usuipation oi untowaiu act which any
thiiu peison may have committeu oi may be openly piepaiing to caiiy out upon
the thing leaseu.
Be is also obligeu to auvise the ownei, with the same uigency, of the neeu of all
iepaiis incluueu in No. 2 of aiticle 16S4.
In both cases the lessee shall be liable foi the uamages which, thiough his
negligence, may be suffeieu by the piopiietoi.
If the lessoi fails to make uigent iepaiis, the lessee, in oiuei to avoiu an
imminent uangei, may oiuei the iepaiis at the lessoi's cost. (1SS9a)
Article 14. The lessoi is not obligeu to answei foi a meie act of tiespass
which a thiiu peison may cause on the use of the thing leaseu; but the lessee
shall have a uiiect action against the intiuuei.
Theie is a meie act of tiespass when the thiiu peison claims no iight whatevei.
(1S6ua)
Article 15. The lessee shall ietuin the thing leaseu, upon the teimination of
the lease, as he ieceiveu it, save what has been lost oi impaiieu by the lapse of
time, oi by oiuinaiy weai anu teai, oi fiom an inevitable cause. (1S61a)
Article 1. In the absence of a statement conceining the conuition of the thing
at the time the lease was constituteu, the law piesumes that the lessee ieceiveu it
in goou conuition, unless theie is pioof to the contiaiy. (1S62)
Article 17. The lessee is iesponsible foi the ueteiioiation oi loss of the thing
leaseu, unless he pioves that it took place without his fault. This buiuen of pioof
on the lessee uoes not apply when the uestiuction is uue to eaithquake, floou,
stoim oi othei natuial calamity. (1S6Sa)
Article 18. The lessee is liable foi any ueteiioiation causeu by membeis of his
householu anu by guests anu visitois. (1S64a)
Article 19. If the lease was maue foi a ueteiminate time, it ceases upon the
uay fixeu, without the neeu of a uemanu. (1S6S)
Article 170. If at the enu of the contiact the lessee shoulu continue enjoying
the thing leaseu foi fifteen uays with the acquiescence of the lessoi, anu unless a
notice to the contiaiy by eithei paity has pieviously been given, it is unueistoou
that theie is an implieu new lease, not foi the peiiou of the oiiginal contiact, but
foi the time establisheu in aiticles 1682 anu 1687. The othei teims of the
oiiginal contiact shall be ieviveu. (1S66a)
Article 171. If the lessee continues enjoying the thing aftei the expiiation of
the contiact, ovei the lessoi's objection, the foimei shall be subject to the
iesponsibilities of a possessoi in bau faith. (n)
Article 172. In case of an implieu new lease, the obligations contiacteu by a
thiiu peison foi the secuiity of the piincipal contiact shall cease with iespect to
the new lease. (1S67)
Article 173. The lessoi may juuicially eject the lessee foi any of the following
causes:
(1) When the peiiou agieeu upon, oi that which is fixeu foi the uuiation of leases
unuei aiticles 1682 anu 1687, has expiieu;
(2) Lack of payment of the piice stipulateu;
(S) violation of any of the conuitions agieeu upon in the contiact;
(4) When the lessee uevotes the thing leaseu to any use oi seivice not stipulateu
which causes the ueteiioiation theieof; oi if he uoes not obseive the
iequiiement in No. 2 of aiticle 16S7, as iegaius the use theieof.
The ejectment of tenants of agiicultuial lanus is goveineu by special laws.
(1S69a)
Article 174. In ejectment cases wheie an appeal is taken the iemeuy gianteu in
aiticle SS9, seconu paiagiaph, shall also apply, if the highei couit is satisfieu that
the lessee's appeal is fiivolous oi uilatoiy, oi that the lessoi's appeal is piima
facie meiitoiious. The peiiou of ten uays iefeiieu to in saiu aiticle shall be
counteu fiom the time the appeal is peifecteu. (n)
Article 175. Except in cases stateu in aiticle 167S, the lessee shall have a iight
to make use of the peiious establisheu in aiticles 1682 anu 1687. (1S7u)
Article 17. The puichasei of a piece of lanu which is unuei a lease that is not
iecoiueu in the Registiy of Piopeity may teiminate the lease, save when theie is
a stipulation to the contiaiy in the contiact of sale, oi when the puichasei knows
of the existence of the lease.
If the buyei makes use of this iight, the lessee may uemanu that he be alloweu to
gathei the fiuits of the haivest which coiiesponus to the cuiient agiicultuial
yeai anu that the venuoi inuemnify him foi uamages suffeieu.
If the sale is fictitious, foi the puipose of extinguishing the lease, the supposeu
venuee cannot make use of the iight gianteu in the fiist paiagiaph of this aiticle.
The sale is piesumeu to be fictitious if at the time the supposeu venuee uemanus
the teimination of the lease, the sale is not iecoiueu in the Registiy of Piopeity.
(1S71a)
Article 177. The puichasei in a sale with the iight of ieuemption cannot make
use of the powei to eject the lessee until the enu of the peiiou foi the
ieuemption. (1S72)
Article 178. If the lessee makes, in goou faith, useful impiovements which aie
suitable to the use foi which the lease is intenueu, without alteiing the foim oi
substance of the piopeity leaseu, the lessoi upon the teimination of the lease
shall pay the lessee one-half of the value of the impiovements at that time.
Shoulu the lessoi iefuse to ieimbuise saiu amount, the lessee may iemove the
impiovements, even though the piincipal thing may suffei uamage theieby. Be
shall not, howevei, cause any moie impaiiment upon the piopeity leaseu than is
necessaiy.
With iegaiu to oinamental expenses, the lessee shall not be entitleu to any
ieimbuisement, but he may iemove the oinamental objects, pioviueu no uamage
is causeu to the piincipal thing, anu the lessoi uoes not choose to ietain them by
paying theii value at the time the lease is extinguisheu. (n)
Article 179. If nothing has been stipulateu conceining the place anu the time
foi the payment of the lease, the piovisions oi aiticle 12S1 shall be obseiveu as
iegaius the place; anu with iespect to the time, the custom of the place shall be
followeu. (1S74)
SECTIUN 3
Special Provisions for Leases of Rural Lands
Article 180. The lessee shall have no iight to a ieuuction of the ient on account
of the steiility of the lanu leaseu, oi by ieason of the loss of fiuits uue to oiuinaiy
foituitous events; but he shall have such iight in case of the loss of moie than
one-half of the fiuits thiough extiaoiuinaiy anu unfoieseen foituitous events,
save always when theie is a specific stipulation to the contiaiy.
Extiaoiuinaiy foituitous events aie unueistoou to be: fiie, wai, pestilence,
unusual floou, locusts, eaithquake, oi otheis which aie uncommon, anu which
the contiacting paities coulu not have ieasonably foieseen. (1S7S)
Article 181. Neithei uoes the lessee have any iight to a ieuuction of the ient if
the fiuits aie lost aftei they have been sepaiateu fiom theii stalk, ioot oi tiunk.
(1S76)
Article 182. The lease of a piece of iuial lanu, when its uuiation has not been
fixeu, is unueistoou to have been foi all the time necessaiy foi the gatheiing of
the fiuits which the whole estate leaseu may yielu in one yeai, oi which it may
yielu once, although two oi moie yeais have to elapse foi the puipose. (1S77a)
Article 183. The outgoing lessee shall allow the incoming lessee oi the lessoi
the use of the piemises anu othei means necessaiy foi the piepaiatoiy laboi foi
the following yeai; anu, iecipiocally, the incoming lessee oi the lessoi is unuei
obligation to peimit the outgoing lessee to uo whatevei may be necessaiy foi the
gatheiing oi haivesting anu utilization of the fiuits, all in accoiuance with the
custom of the place. (1S78a)
Article 184. Lanu tenancy on shaies shall be goveineu by special laws, the
stipulations of the paities, the piovisions on paitneiship anu by the customs of
the place. (1S79a)
Article 185. The tenant on shaies cannot be ejecteu except in cases specifieu
by law. (n)
SECTIUN 4
Special Provisions for tbe Lease of Urban Lands
Article 18. In uefault of a special stipulation, the custom of the place shall be
obseiveu with iegaiu to the kinu of iepaiis on uiban piopeity foi which the
lessoi shall be liable. In case of uoubt it is unueistoou that the iepaiis aie
chaigeable against him. (1S8ua)
Article 187. If the peiiou foi the lease has not been fixeu, it is unueistoou to be
fiom yeai to yeai, if the ient agieeu upon is annual; fiom month to month, if it is
monthly; fiom week to week, if the ient is weekly; anu fiom uay to uay, if the
ient is to be paiu uaily. Bowevei, even though a monthly ient is paiu, anu no
peiiou foi the lease has been set, the couits may fix a longei teim foi the lease
aftei the lessee has occupieu the piemises foi ovei one yeai. If the ient is weekly,
the couits may likewise ueteimine a longei peiiou aftei the lessee has been in
possession foi ovei six months. In case of uaily ient, the couits may also fix a
longei peiiou aftei the lessee has stayeu in the place foi ovei one month.
(1S81a)
Article 188. When the lessoi of a house, oi pait theieof, useu as a uwelling foi
a family, oi when the lessoi of a stoie, oi inuustiial establishment, also leases the
fuinituie, the lease of the lattei shall be ueemeu to be foi the uuiation of the
lease of the piemises. (1S82)
CHAPTER 3
Work and Labor
SECTIUN 1
Housebold Service (n)
Article 189. Bouseholu seivice shall always be ieasonably compensateu. Any
stipulation that householu seivice is without compensation shall be voiu. Such
compensation shall be in auuition to the house helpei's louging, foou, anu
meuical attenuance.
Article 190. The heau of the family shall fuinish, fiee of chaige, to the house
helpei, suitable anu sanitaiy quaiteis as well as auequate foou anu meuical
attenuance.
Article 191. If the house helpei is unuei the age of eighteen yeais, the heau of
the family shall give an oppoitunity to the house helpei foi at least elementaiy
euucation. The cost of such euucation shall be a pait of the house helpei's
compensation, unless theie is a stipulation to the contiaiy.
Article 192. No contiact foi householu seivice shall last foi moie than two
yeais. Bowevei, such contiact may be ieneweu fiom yeai to yeai.
Article 193. The house helpei's clothes shall be subject to stipulation.
Bowevei, any contiact foi householu seivice shall be voiu if theieby the house
helpei cannot affoiu to acquiie suitable clothing.
Article 194. The heau of the family shall tieat the house helpei in a just anu
humane mannei. In no case shall physical violence be useu upon the house
helpei.
Article 195. Bouse helpeis shall not be iequiieu to woik moie than ten houis a
uay. Eveiy house helpei shall be alloweu foui uays' vacation each month, with
pay.
Article 19. In case of ueath of the house helpei, the heau of the family shall
beai the funeial expenses if the house helpei has no ielatives in the place wheie
the heau of the family lives, with sufficient means theiefoi.
Article 197. If the peiiou foi householu seivice is fixeu neithei the heau of the
family noi the house helpei may teiminate the contiact befoie the expiiation of
the teim, except foi a just cause. If the house helpei is unjustly uismisseu, he
shall be paiu the compensation alieauy eaineu plus that foi fifteen uays by way
of inuemnity. If the house helpei leaves without justifiable ieason, he shall foifeit
any salaiy uue him anu unpaiu, foi not exceeuing fifteen uays.
Article 198. If the uuiation of the householu seivice is not ueteimineu eithei
by stipulation oi by the natuie of the seivice, the heau of the family oi the house
helpei may give notice to put an enu to the seivice ielation, accoiuing to the
following iules:
(1) If the compensation is paiu by the uay, notice may be given on any uay that
the seivice shall enu at the close of the following uay;
(2) If the compensation is paiu by the week, notice may be given, at the latest on
the fiist business uay of the week, that the seivice shall be teiminateu at the enu
of the seventh uay fiom the beginning of the week;
(S) If the compensation is paiu by the month, notice may be given, at the latest,
on the fifth uay of the month, that the seivice shall cease at the enu of the month.
Article 199. 0pon the extinguishment of the seivice ielation, the house helpei
may uemanu fiom the heau of the family a wiitten statement on the natuie anu
uuiation of the seivice anu the efficiency anu conuuct of the house helpei.
SECTIUN 2
Contract of Labor (n)
Article 1700. The ielations between capital anu laboi aie not meiely
contiactual. They aie so impiesseu with public inteiest that laboi contiacts must
yielu to the common goou. Theiefoie, such contiacts aie subject to the special
laws on laboi unions, collective baigaining, stiikes anu lockouts, closeu shop,
wages, woiking conuitions, houis of laboi anu similai subjects.
Article 1701. Neithei capital noi laboi shall act oppiessively against the othei,
oi impaii the inteiest oi convenience of the public.
Article 1702. In case of uoubt, all laboi legislation anu all laboi contiacts shall
be constiueu in favoi of the safety anu uecent living foi the laboiei.
Article 1703. No contiact which piactically amounts to involuntaiy seivituue,
unuei any guise whatsoevei, shall be valiu.
Article 1704. In collective baigaining, the laboi union oi membeis of the boaiu
oi committee signing the contiact shall be liable foi non-fulfillment theieof.
Article 1705. The laboiei's wages shall be paiu in legal cuiiency.
Article 170. Withholuing of the wages, except foi a uebt uue, shall not be maue
by the employei.
Article 1707. The laboiei's wages shall be a lien on the goous manufactuieu oi
the woik uone.
Article 1708. The laboiei's wages shall not be subject to execution oi
attachment, except foi uebts incuiieu foi foou, sheltei, clothing anu meuical
attenuance.
Article 1709. The employei shall neithei seize noi ietain any tool oi othei
aiticles belonging to the laboiei.
Article 1710. Bismissal of laboieis shall be subject to the supeivision of the
uoveinment, unuei special laws.
Article 1711. 0wneis of enteipiises anu othei employeis aie obligeu to pay
compensation foi the ueath of oi injuiies to theii laboieis, woikmen, mechanics
oi othei employees, even though the event may have been puiely acciuental oi
entiiely uue to a foituitous cause, if the ueath oi peisonal injuiy aiose out of anu
in the couise of the employment. The employei is also liable foi compensation if
the employee contiacts any illness oi uisease causeu by such employment oi as
the iesult of the natuie of the employment. If the mishap was uue to the
employee's own notoiious negligence, oi voluntaiy act, oi uiunkenness, the
employei shall not be liable foi compensation. When the employee's lack of uue
caie contiibuteu to his ueath oi injuiy, the compensation shall be equitably
ieuuceu.
Article 1712. If the ueath oi injuiy is uue to the negligence of a fellow woikei,
the lattei anu the employei shall be soliuaiily liable foi compensation. If a fellow
woikei's intentional oi malicious act is the only cause of the ueath oi injuiy, the
employei shall not be answeiable, unless it shoulu be shown that the lattei uiu
not exeicise uue uiligence in the selection oi supeivision of the plaintiff's fellow
woikei.
SECTIUN 3
Contract for a Piece of Work
Article 1713. By the contiact foi a piece of woik the contiactoi binus himself to
execute a piece of woik foi the employei, in consiueiation of a ceitain piice oi
compensation. The contiactoi may eithei employ only his laboi oi skill, oi also
fuinish the mateiial. (1S88a)
Article 1714. If the contiactoi agiees to piouuce the woik fiom mateiial
fuinisheu by him, he shall uelivei the thing piouuceu to the employei anu
tiansfei uominion ovei the thing. This contiact shall be goveineu by the
following aiticles as well as by the peitinent piovisions on waiianty of title anu
against hiuuen uefects anu the payment of piice in a contiact of sale. (n)
Article 1715. The contiact shall execute the woik in such a mannei that it has
the qualities agieeu upon anu has no uefects which uestioy oi lessen its value oi
fitness foi its oiuinaiy oi stipulateu use. Shoulu the woik be not of such quality,
the employei may iequiie that the contiactoi iemove the uefect oi execute
anothei woik. If the contiact fails oi iefuses to comply with this obligation, the
employei may have the uefect iemoveu oi anothei woik executeu, at the
contiactoi's cost. (n)
Article 171. An agieement waiving oi limiting the contiactoi's liability foi any
uefect in the woik is voiu if the contiactoi acteu fiauuulently. (n)
Article 1717. If the contiactoi bounu himself to fuinish the mateiial, he shall
suffei the loss if the woik shoulu be uestioyeu befoie its ueliveiy, save when
theie has been uelay in ieceiving it. (1S89)
Article 1718. The contiactoi who has unueitaken to put only his woik oi skill,
cannot claim any compensation if the woik shoulu be uestioyeu befoie its
ueliveiy, unless theie has been uelay in ieceiving it, oi if the uestiuction was
causeu by the pooi quality of the mateiial, pioviueu this fact was communicateu
in uue time to the ownei. If the mateiial is lost thiough a foituitous event, the
contiact is extinguisheu. (1S9ua)
Article 1719. Acceptance of the woik by the employei ielieves the contiactoi of
liability foi any uefect in the woik, unless:
(1) The uefect is hiuuen anu the employei is not, by his special knowleuge,
expecteu to iecognize the same; oi
(2) The employei expiessly ieseives his iights against the contiactoi by ieason
of the uefect. (n)
Article 1720. The piice oi compensation shall be paiu at the time anu place of
ueliveiy of the woik, unless theie is a stipulation to the contiaiy. If the woik is to
be ueliveieu paitially, the piice oi compensation foi each pait having been fixeu,
the sum shall be paiu at the time anu place of ueliveiy, in the absence if
stipulation. (n)
Article 1721. If, in the execution of the woik, an act of the employei is iequiieu,
anu he incuis in uelay oi fails to peifoim the act, the contiactoi is entitleu to a
ieasonable compensation.
The amount of the compensation is computeu, on the one hanu, by the uuiation
of the uelay anu the amount of the compensation stipulateu, anu on the othei
hanu, by what the contiactoi has saveu in expenses by ieason of the uelay oi is
able to eain by a uiffeient employment of his time anu inuustiy. (n)
Article 1722. If the woik cannot be completeu on account of a uefect in the
mateiial fuinisheu by the employei, oi because of oiueis fiom the employei,
without any fault on the pait of the contiactoi, the lattei has a iight to an
equitable pait of the compensation piopoitionally to the woik uone, anu
ieimbuisement foi piopei expenses maue. (n)
Article 1723. The engineei oi aichitect who uiew up the plans anu
specifications foi a builuing is liable foi uamages if within fifteen yeais fiom the
completion of the stiuctuie, the same shoulu collapse by ieason of a uefect in
those plans anu specifications, oi uue to the uefects in the giounu. The
contiactoi is likewise iesponsible foi the uamages if the euifice falls, within the
same peiiou, on account of uefects in the constiuction oi the use of mateiials of
infeiioi quality fuinisheu by him, oi uue to any violation of the teims of the
contiact. If the engineei oi aichitect supeivises the constiuction, he shall be
soliuaiily liable with the contiactoi.
Acceptance of the builuing, aftei completion, uoes not imply waivei of any of the
cause of action by ieason of any uefect mentioneu in the pieceuing paiagiaph.
The action must be biought within ten yeais following the collapse of the
builuing. (n)
Article 1724. The contiactoi who unueitakes to builu a stiuctuie oi any othei
woik foi a stipulateu piice, in confoimity with plans anu specifications agieeu
upon with the lanu-ownei, can neithei withuiaw fiom the contiact noi uemanu
an inciease in the piice on account of the highei cost of laboi oi mateiials, save
when theie has been a change in the plans anu specifications, pioviueu:
(1) Such change has been authoiizeu by the piopiietoi in wiiting; anu
(2) The auuitional piice to be paiu to the contiactoi has been ueteimineu in
wiiting by both paities. (1S9Sa)
Article 1725. The ownei may withuiaw at will fiom the constiuction of the
woik, although it may have been commenceu, inuemnifying the contiactoi foi all
the lattei's expenses, woik, anu the usefulness which the ownei may obtain
theiefiom, anu uamages. (1S94a)
Article 172. When a piece of woik has been entiusteu to a peison by ieason of
his peisonal qualifications, the contiact is iescinueu upon his ueath.
In this case the piopiietoi shall pay the heiis of the contiactoi in piopoition to
the piice agieeu upon, the value of the pait of the woik uone, anu of the
mateiials piepaieu, pioviueu the lattei yielu him some benefit.
The same iule shall apply if the contiactoi cannot finish the woik uue to
ciicumstances beyonu his contiol. (1S9S)
Article 1727. The contiactoi is iesponsible foi the woik uone by peisons
employeu by him. (1S96)
Article 1728. The contiactoi is liable foi all the claims of laboieis anu otheis
employeu by him, anu of thiiu peisons foi ueath oi physical injuiies uuiing the
constiuction. (n)
Article 1729. Those who put theii laboi upon oi fuinish mateiials foi a piece of
woik unueitaken by the contiactoi have an action against the ownei up to the
amount owing fiom the lattei to the contiactoi at the time the claim is maue.
Bowevei, the following shall not piejuuice the laboieis, employees anu
fuinisheis of mateiials:
(1) Payments maue by the ownei to the contiactoi befoie they aie uue;
(2) Renunciation by the contiactoi of any amount uue him fiom the ownei.
This aiticle is subject to the piovisions of special laws. (1S97a)
Article 1730. If it is agieeu that the woik shall be accomplisheu to the
satisfaction of the piopiietoi, it is unueistoou that in case of uisagieement the
question shall be subject to expeit juugment.
If the woik is subject to the appioval of a thiiu peison, his uecision shall be final,
except in case of fiauu oi manifest eiioi. (1S98a)
Article 1731. Be who has executeu woik upon a movable has a iight to ietain it
by way of pleuge until he is paiu. (16uu)
SECTIUN 4
Common Carriers (n)
SUBSECTIUN 1. Ceneral Provisions
Article 1732. Common caiiieis aie peisons, coipoiations, fiims oi associations
engageu in the business of caiiying oi tianspoiting passengeis oi goous oi both,
by lanu, watei, oi aii, foi compensation, offeiing theii seivices to the public.
Article 1733. Common caiiieis, fiom the natuie of theii business anu foi
ieasons of public policy, aie bounu to obseive extiaoiuinaiy uiligence in the
vigilance ovei the goous anu foi the safety of the passengeis tianspoiteu by
them, accoiuing to all the ciicumstances of each case.
Such extiaoiuinaiy uiligence in the vigilance ovei the goous is fuithei expiesseu
in aiticles 17S4, 17SS, anu 174S, Nos. S, 6, anu 7, while the extiaoiuinaiy
uiligence foi the safety of the passengeis is fuithei set foith in aiticles 17SS anu
17S6.
SUBSECTIUN 2. Vigilance Uver Coods
Article 1734. Common caiiieis aie iesponsible foi the loss, uestiuction, oi
ueteiioiation of the goous, unless the same is uue to any of the following causes
only:
(1) Floou, stoim, eaithquake, lightning, oi othei natuial uisastei oi calamity;
(2) Act of the public enemy in wai, whethei inteinational oi civil;
(S) Act oi omission of the shippei oi ownei of the goous;
(4) The chaiactei of the goous oi uefects in the packing oi in the containeis;
(S) 0iuei oi act of competent public authoiity.
Article 1735. In all cases othei than those mentioneu in Nos. 1, 2, S, 4, anu S of
the pieceuing aiticle, if the goous aie lost, uestioyeu oi ueteiioiateu, common
caiiieis aie piesumeu to have been at fault oi to have acteu negligently, unless
they piove that they obseiveu extiaoiuinaiy uiligence as iequiieu in aiticle
17SS.
Article 173. The extiaoiuinaiy iesponsibility of the common caiiiei lasts fiom
the time the goous aie unconuitionally placeu in the possession of, anu ieceiveu
by the caiiiei foi tianspoitation until the same aie ueliveieu, actually oi
constiuctively, by the caiiiei to the consignee, oi to the peison who has a iight
to ieceive them, without piejuuice to the piovisions of aiticle 17S8.
Article 1737. The common caiiiei's uuty to obseive extiaoiuinaiy uiligence
ovei the goous iemains in full foice anu effect even when they aie tempoiaiily
unloaueu oi stoieu in tiansit, unless the shippei oi ownei has maue use of the
iight of stoppage in tiansitu.
Article 1738. The extiaoiuinaiy liability of the common caiiiei continues to be
opeiative even uuiing the time the goous aie stoieu in a waiehouse of the
caiiiei at the place of uestination, until the consignee has been auviseu of the
aiiival of the goous anu has hau ieasonable oppoitunity theieaftei to iemove
them oi otheiwise uispose of them.
Article 1739. In oiuei that the common caiiiei may be exempteu fiom
iesponsibility, the natuial uisastei must have been the pioximate anu only cause
of the loss. Bowevei, the common caiiiei must exeicise uue uiligence to pievent
oi minimize loss befoie, uuiing anu aftei the occuiience of floou, stoim oi othei
natuial uisastei in oiuei that the common caiiiei may be exempteu fiom
liability foi the loss, uestiuction, oi ueteiioiation of the goous. The same uuty is
incumbent upon the common caiiiei in case of an act of the public enemy
iefeiieu to in aiticle 17S4, No. 2.
Article 1740. If the common caiiiei negligently incuis in uelay in tianspoiting
the goous, a natuial uisastei shall not fiee such caiiiei fiom iesponsibility.
Article 1741. If the shippei oi ownei meiely contiibuteu to the loss, uestiuction
oi ueteiioiation of the goous, the pioximate cause theieof being the negligence
of the common caiiiei, the lattei shall be liable in uamages, which howevei, shall
be equitably ieuuceu.
Article 1742. Even if the loss, uestiuction, oi ueteiioiation of the goous shoulu
be causeu by the chaiactei of the goous, oi the faulty natuie of the packing oi of
the containeis, the common caiiiei must exeicise uue uiligence to foiestall oi
lessen the loss.
Article 1743. If thiough the oiuei of public authoiity the goous aie seizeu oi
uestioyeu, the common caiiiei is not iesponsible, pioviueu saiu public authoiity
hau powei to issue the oiuei.
Article 1744. A stipulation between the common caiiiei anu the shippei oi
ownei limiting the liability of the foimei foi the loss, uestiuction, oi
ueteiioiation of the goous to a uegiee less than extiaoiuinaiy uiligence shall be
valiu, pioviueu it be:
(1) In wiiting, signeu by the shippei oi ownei;
(2) Suppoiteu by a valuable consiueiation othei than the seivice ienueieu by the
common caiiiei; anu
(S) Reasonable, just anu not contiaiy to public policy.
Article 1745. Any of the following oi similai stipulations shall be consiueieu
unieasonable, unjust anu contiaiy to public policy:
(1) That the goous aie tianspoiteu at the iisk of the ownei oi shippei;
(2) That the common caiiiei will not be liable foi any loss, uestiuction, oi
ueteiioiation of the goous;
(S) That the common caiiiei neeu not obseive any uiligence in the custouy of the
goous;
(4) That the common caiiiei shall exeicise a uegiee of uiligence less than that of
a goou fathei of a family, oi of a man of oiuinaiy piuuence in the vigilance ovei
the movables tianspoiteu;
(S) That the common caiiiei shall not be iesponsible foi the acts oi omission of
his oi its employees;
(6) That the common caiiiei's liability foi acts committeu by thieves, oi of
iobbeis who uo not act with giave oi iiiesistible thieat, violence oi foice, is
uispenseu with oi uiminisheu;
(7) That the common caiiiei is not iesponsible foi the loss, uestiuction, oi
ueteiioiation of goous on account of the uefective conuition of the cai, vehicle,
ship, aiiplane oi othei equipment useu in the contiact of caiiiage.
Article 174. An agieement limiting the common caiiiei's liability may be
annulleu by the shippei oi ownei if the common caiiiei iefuseu to caiiy the
goous unless the foimei agieeu to such stipulation.
Article 1747. If the common caiiiei, without just cause, uelays the
tianspoitation of the goous oi changes the stipulateu oi usual ioute, the contiact
limiting the common caiiiei's liability cannot be availeu of in case of the loss,
uestiuction, oi ueteiioiation of the goous.
Article 1748. An agieement limiting the common caiiiei's liability foi uelay on
account of stiikes oi iiots is valiu.
Article 1749. A stipulation that the common caiiiei's liability is limiteu to the
value of the goous appeaiing in the bill of lauing, unless the shippei oi ownei
ueclaies a gieatei value, is binuing.
Article 1750. A contiact fixing the sum that may be iecoveieu. by the ownei oi
shippei foi the loss, uestiuction, oi ueteiioiation of the goous is valiu, if it is
ieasonable anu just unuei the ciicumstances, anu has been faiily anu fieely
agieeu upon.
Article 1751. The fact that the common caiiiei has no competitoi along the line
oi ioute, oi a pait theieof, to which the contiact iefeis shall be taken into
consiueiation on the question of whethei oi not a stipulation limiting the
common caiiiei's liability is ieasonable, just anu in consonance with public
policy.
Article 1752. Even when theie is an agieement limiting the liability of the
common caiiiei in the vigilance ovei the goous, the common caiiiei is
uisputably piesumeu to have been negligent in case of theii loss, uestiuction oi
ueteiioiation.
Article 1753. The law of the countiy to which the goous aie to be tianspoiteu
shall govein the liability of the common caiiiei foi theii loss, uestiuction oi
ueteiioiation.
Article 1754. The piovisions of aiticles 17SS to 17SS shall apply to the
passengei's baggage which is not in his peisonal custouy oi in that of his
employee. As to othei baggage, the iules in aiticles 1998 anu 2uuu to 2uuS
conceining the iesponsibility of hotel-keepeis shall be applicable.
SUBSECTIUN 3. Safety of Passengers
Article 1755. A common caiiiei is bounu to caiiy the passengeis safely as fai as
human caie anu foiesight can pioviue, using the utmost uiligence of veiy
cautious peisons, with a uue iegaiu foi all the ciicumstances.
Article 175. In case of ueath of oi injuiies to passengeis, common caiiieis aie
piesumeu to have been at fault oi to have acteu negligently, unless they piove
that they obseiveu extiaoiuinaiy uiligence as piesciibeu in aiticles 17SS anu
17SS.
Article 1757. The iesponsibility of a common caiiiei foi the safety of
passengeis as iequiieu in aiticles 17SS anu 17SS cannot be uispenseu with oi
lesseneu by stipulation, by the posting of notices, by statements on tickets, oi
otheiwise.
Article 1758. When a passengei is caiiieu giatuitously, a stipulation limiting the
common caiiiei's liability foi negligence is valiu, but not foi wilful acts oi gioss
negligence.
The ieuuction of faie uoes not justify any limitation of the common caiiiei's
liability.
Article 1759. Common caiiieis aie liable foi the ueath of oi injuiies to
passengeis thiough the negligence oi wilful acts of the foimei's employees,
although such employees may have acteu beyonu the scope of theii authoiity oi
in violation of the oiueis of the common caiiieis.
This liability of the common caiiieis uoes not cease upon pioof that they
exeiciseu all the uiligence of a goou fathei of a family in the selection anu
supeivision of theii employees.
Article 170. The common caiiiei's iesponsibility piesciibeu in the pieceuing
aiticle cannot be eliminateu oi limiteu by stipulation, by the posting of notices,
by statements on the tickets oi otheiwise.
Article 171. The passengei must obseive the uiligence of a goou fathei of a
family to avoiu injuiy to himself.
Article 172. The contiibutoiy negligence of the passengei uoes not bai
iecoveiy of uamages foi his ueath oi injuiies, if the pioximate cause theieof is
the negligence of the common caiiiei, but the amount of uamages shall be
equitably ieuuceu.
Article 173. A common caiiiei is iesponsible foi injuiies suffeieu by a
passengei on account of the wilful acts oi negligence of othei passengeis oi of
stiangeis, if the common caiiiei's employees thiough the exeicise of the
uiligence of a goou fathei of a family coulu have pieventeu oi stoppeu the act oi
omission.
SUBSECTIUN 4. Common Provisions
Article 174. Bamages in cases compiiseu in this Section shall be awaiueu in
accoiuance with Title XvIII of this Book, conceining Bamages. Aiticle 22u6 shall
also apply to the ueath of a passengei causeu by the bieach of contiact by a
common caiiiei.
Article 175. The Public Seivice Commission may, on its own motion oi on
petition of any inteiesteu paity, aftei uue heaiing, cancel the ceitificate of public
convenience gianteu to any common caiiiei that iepeateuly fails to comply with
his oi its uuty to obseive extiaoiuinaiy uiligence as piesciibeu in this Section.
Article 17. In all matteis not iegulateu by this Coue, the iights anu obligations
of common caiiieis shall be goveineu by the Coue of Commeice anu by special
laws.
TITLE IX
PARTNERSHIP
CHAPTER 1
Ceneral Provisions
Article 177. By the contiact of paitneiship two oi moie peisons binu
themselves to contiibute money, piopeity, oi inuustiy to a common funu, with
the intention of uiviuing the piofits among themselves.
Two oi moie peisons may also foim a paitneiship foi the exeicise of a
piofession. (166Sa)
Article 178. The paitneiship has a juiiuical peisonality sepaiate anu uistinct
fiom that of each of the paitneis, even in case of failuie to comply with the
iequiiements of aiticle 1772, fiist paiagiaph. (n)
Article 179. In ueteimining whethei a paitneiship exists, these iules shall
apply:
(1) Except as pioviueu by aiticle 182S, peisons who aie not paitneis as to each
othei aie not paitneis as to thiiu peisons;
(2) Co-owneiship oi co-possession uoes not of itself establish a paitneiship,
whethei such-co-owneis oi co-possessois uo oi uo not shaie any piofits maue
by the use of the piopeity;
(S) The shaiing of gioss ietuins uoes not of itself establish a paitneiship,
whethei oi not the peisons shaiing them have a joint oi common iight oi
inteiest in any piopeity fiom which the ietuins aie ueiiveu;
(4) The ieceipt by a peison of a shaie of the piofits of a business is piima facie
eviuence that he is a paitnei in the business, but no such infeience shall be
uiawn if such piofits weie ieceiveu in payment:
(a) As a uebt by installments oi otheiwise;
(b) As wages of an employee oi ient to a lanuloiu;
(c) As an annuity to a wiuow oi iepiesentative of a ueceaseu paitnei;
(u) As inteiest on a loan, though the amount of payment vaiy with the piofits of
the business;
(e) As the consiueiation foi the sale of a goouwill of a business oi othei piopeity
by installments oi otheiwise. (n)
Article 1770. A paitneiship must have a lawful object oi puipose, anu must be
establisheu foi the common benefit oi inteiest of the paitneis.
When an unlawful paitneiship is uissolveu by a juuicial ueciee, the piofits shall
be confiscateu in favoi of the State, without piejuuice to the piovisions of the
Penal Coue goveining the confiscation of the instiuments anu effects of a ciime.
(1666a)
Article 1771. A paitneiship may be constituteu in any foim, except wheie
immovable piopeity oi ieal iights aie contiibuteu theieto, in which case a public
instiument shall be necessaiy. (1667a)
Article 1772. Eveiy contiact of paitneiship having a capital of thiee thousanu
pesos oi moie, in money oi piopeity, shall appeai in a public instiument, which
must be iecoiueu in the 0ffice of the Secuiities anu Exchange Commission.
Failuie to comply with the iequiiements of the pieceuing paiagiaph shall not
affect the liability of the paitneiship anu the membeis theieof to thiiu peisons.
(n)
Article 1773. A contiact of paitneiship is voiu, whenevei immovable piopeity is
contiibuteu theieto, if an inventoiy of saiu piopeity is not maue, signeu by the
paities, anu attacheu to the public instiument. (1668a)
Article 1774. Any immovable piopeity oi an inteiest theiein may be acquiieu in
the paitneiship name. Title so acquiieu can be conveyeu only in the paitneiship
name. (n)
Article 1775. Associations anu societies, whose aiticles aie kept seciet among
the membeis, anu wheiein any one of the membeis may contiact in his own
name with thiiu peisons, shall have no juiiuical peisonality, anu shall be
goveineu by the piovisions ielating to co-owneiship. (1669)
Article 177. As to its object, a paitneiship is eithei univeisal oi paiticulai.
As iegaius the liability of the paitneis, a paitneiship may be geneial oi limiteu.
(1671a)
Article 1777. A univeisal paitneiship may iefei to all the piesent piopeity oi to
all the piofits. (1672)
Article 1778. A paitneiship of all piesent piopeity is that in which the paitneis
contiibute all the piopeity which actually belongs to them to a common funu,
with the intention of uiviuing the same among themselves, as well as all the
piofits which they may acquiie theiewith. (167S)
Article 1779. In a univeisal paitneiship of all piesent piopeity, the piopeity
which belongeu to each of the paitneis at the time of the constitution of the
paitneiship, becomes the common piopeity of all the paitneis, as well as all the
piofits which they may acquiie theiewith.
A stipulation foi the common enjoyment of any othei piofits may also be maue;
but the piopeity which the paitneis may acquiie subsequently by inheiitance,
legacy, oi uonation cannot be incluueu in such stipulation, except the fiuits
theieof. (1674a)
Article 1780. A univeisal paitneiship of piofits compiises all that the paitneis
may acquiie by theii inuustiy oi woik uuiing the existence of the paitneiship.
Novable oi immovable piopeity which each of the paitneis may possess at the
time of the celebiation of the contiact shall continue to peitain exclusively to
each, only the usufiuct passing to the paitneiship. (167S)
Article 1781. Aiticles of univeisal paitneiship, enteieu into without
specification of its natuie, only constitute a univeisal paitneiship of piofits.
(1676)
Article 1782. Peisons who aie piohibiteu fiom giving each othei any uonation
oi auvantage cannot entei into univeisal paitneiship. (1677)
Article 1783. A paiticulai paitneiship has foi its object ueteiminate things,
theii use oi fiuits, oi a specific unueitaking, oi the exeicise of a piofession oi
vocation. (1678)
CHAPTER 2
Ubligations of tbe Partners
SECTIUN 1
Ubligations of tbe Partners Among Tbemselves
Article 1784. A paitneiship begins fiom the moment of the execution of the
contiact, unless it is otheiwise stipulateu. (1679)
Article 1785. When a paitneiship foi a fixeu teim oi paiticulai unueitaking is
continueu aftei the teimination of such teim oi paiticulai unueitaking without
any expiess agieement, the iights anu uuties of the paitneis iemain the same as
they weie at such teimination, so fai as is consistent with a paitneiship at will.
A continuation of the business by the paitneis oi such of them as habitually
acteu theiein uuiing the teim, without any settlement oi liquiuation of the
paitneiship affaiis, is piima facie eviuence of a continuation of the paitneiship.
(n)
Article 178. Eveiy paitnei is a uebtoi of the paitneiship foi whatevei he may
have piomiseu to contiibute theieto.
Be shall also be bounu foi waiianty in case of eviction with iegaiu to specific
anu ueteiminate things which he may have contiibuteu to the paitneiship, in the
same cases anu in the same mannei as the venuoi is bounu with iespect to the
venuee. Be shall also be liable foi the fiuits theieof fiom the time they shoulu
have been ueliveieu, without the neeu of any uemanu. (1681a)
Article 1787. When the capital oi a pait theieof which a paitnei is bounu to
contiibute consists of goous, theii appiaisal must be maue in the mannei
piesciibeu in the contiact of paitneiship, anu in the absence of stipulation, it
shall be maue by expeits chosen by the paitneis, anu accoiuing to cuiient piices,
the subsequent changes theieof being foi account of the paitneiship. (n)
Article 1788. A paitnei who has unueitaken to contiibute a sum of money anu
fails to uo so becomes a uebtoi foi the inteiest anu uamages fiom the time he
shoulu have complieu with his obligation.
The same iule applies to any amount he may have taken fiom the paitneiship
coffeis, anu his liability shall begin fiom the time he conveiteu the amount to his
own use. (1682)
Article 1789. An inuustiial paitnei cannot engage in business foi himself, unless
the paitneiship expiessly peimits him to uo so; anu if he shoulu uo so, the
capitalist paitneis may eithei excluue him fiom the fiim oi avail themselves of
the benefits which he may have obtaineu in violation of this piovision, with a
iight to uamages in eithei case. (n)
Article 1790. 0nless theie is a stipulation to the contiaiy, the paitneis shall
contiibute equal shaies to the capital of the paitneiship. (n)
Article 1791. If theie is no agieement to the contiaiy, in case of an imminent
loss of the business of the paitneiship, any paitnei who iefuses to contiibute an
auuitional shaie to the capital, except an inuustiial paitnei, to save the ventuie,
shall he obligeu to sell his inteiest to the othei paitneis. (n)
Article 1792. If a paitnei authoiizeu to manage collects a uemanuable sum
which was oweu to him in his own name, fiom a peison who oweu the
paitneiship anothei sum also uemanuable, the sum thus collecteu shall be
applieu to the two cieuits in piopoition to theii amounts, even though he may
have given a ieceipt foi his own cieuit only; but shoulu he have given it foi the
account of the paitneiship cieuit, the amount shall be fully applieu to the lattei.
The piovisions of this aiticle aie unueistoou to be without piejuuice to the iight
gianteu to the othei uebtoi by aiticle 12S2, but only if the peisonal cieuit of the
paitnei shoulu be moie oneious to him. (1684)
Article 1793. A paitnei who has ieceiveu, in whole oi in pait, his shaie of a
paitneiship cieuit, when the othei paitneis have not collecteu theiis, shall be
obligeu, if the uebtoi shoulu theieaftei become insolvent, to biing to the
paitneiship capital what he ieceiveu even though he may have given ieceipt foi
his shaie only. (168Sa)
Article 1794. Eveiy paitnei is iesponsible to the paitneiship foi uamages
suffeieu by it thiough his fault, anu he cannot compensate them with the piofits
anu benefits which he may have eaineu foi the paitneiship by his inuustiy.
Bowevei, the couits may equitably lessen this iesponsibility if thiough the
paitnei's extiaoiuinaiy effoits in othei activities of the paitneiship, unusual
piofits have been iealizeu. (1686a)
Article 1795. The iisk of specific anu ueteiminate things, which aie not fungible,
contiibuteu to the paitneiship so that only theii use anu fiuits may be foi the
common benefit, shall be boine by the paitnei who owns them.
If the things contiibute aie fungible, oi cannot be kept without ueteiioiating, oi
if they weie contiibuteu to be solu, the iisk shall be boine by the paitneiship. In
the absence of stipulation, the iisk of the things biought anu appiaiseu in the
inventoiy, shall also be boine by the paitneiship, anu in such case the claim shall
be limiteu to the value at which they weie appiaiseu. (1687)
Article 179. The paitneiship shall be iesponsible to eveiy paitnei foi the
amounts he may have uisbuiseu on behalf of the paitneiship anu foi the
coiiesponuing inteiest, fiom the time the expense aie maue; it shall also answei
to each paitnei foi the obligations he may have contiacteu in goou faith in the
inteiest of the paitneiship business, anu foi iisks in consequence of its
management. (1688a)
Article 1797. The losses anu piofits shall be uistiibuteu in confoimity with the
agieement. If only the shaie of each paitnei in the piofits has been agieeu upon,
the shaie of each in the losses shall be in the same piopoition.
In the absence of stipulation, the shaie of each paitnei in the piofits anu losses
shall be in piopoition to what he may have contiibuteu, but the inuustiial
paitnei shall not be liable foi the losses. As foi the piofits, the inuustiial paitnei
shall ieceive such shaie as may be just anu equitable unuei the ciicumstances. If
besiues his seivices he has contiibuteu capital, he shall also ieceive a shaie in
the piofits in piopoition to his capital. (1689a)
Article 1798. If the paitneis have agieeu to intiust to a thiiu peison the
uesignation of the shaie of each one in the piofits anu losses, such uesignation
may be impugneu only when it is manifestly inequitable. In no case may a
paitnei who has begun to execute the uecision of the thiiu peison, oi who has
not impugneu the same within a peiiou of thiee months fiom the time he hau
knowleuge theieof, complain of such uecision.
The uesignation of losses anu piofits cannot be intiusteu to one of the paitneis.
(169u)
Article 1799. A stipulation which excluues one oi moie paitneis fiom any shaie
in the piofits oi losses is voiu. (1691)
Article 1800. The paitnei who has been appointeu managei in the aiticles of
paitneiship may execute all acts of auministiation uespite the opposition of his
paitneis, unless he shoulu act in bau faith; anu his powei is iiievocable without
just oi lawful cause. The vote of the paitneis iepiesenting the contiolling
inteiest shall be necessaiy foi such ievocation of powei.
A powei gianteu aftei the paitneiship has been constituteu may be ievokeu at
any time. (1692a)
Article 1801. If two oi moie paitneis have been intiusteu with the management
of the paitneiship without specification of theii iespective uuties, oi without a
stipulation that one of them shall not act without the consent of all the otheis,
each one may sepaiately execute all acts of auministiation, but if any of them
shoulu oppose the acts of the otheis, the uecision of the majoiity shall pievail. In
case of a tie, the mattei shall be ueciueu by the paitneis owning the contiolling
inteiest. (169Sa)
Article 1802. In case it shoulu have been stipulateu that none of the managing
paitneis shall act without the consent of the otheis, the concuiience of all shall
be necessaiy foi the valiuity of the acts, anu the absence oi uisability of any one
of them cannot be allegeu, unless theie is imminent uangei of giave oi
iiiepaiable injuiy to the paitneiship. (1694)
Article 1803. When the mannei of management has not been agieeu upon, the
following iules shall be obseiveu:
(1) All the paitneis shall be consiueieu agents anu whatevei any one of them
may uo alone shall binu the paitneiship, without piejuuice to the piovisions of
aiticle 18u1.
(2) None of the paitneis may, without the consent of the otheis, make any
impoitant alteiation in the immovable piopeity of the paitneiship, even if it may
be useful to the paitneiship. But if the iefusal of consent by the othei paitneis is
manifestly piejuuicial to the inteiest of the paitneiship, the couit's inteivention
may be sought. (169Sa)
Article 1804. Eveiy paitnei may associate anothei peison with him in his shaie,
but the associate shall not be aumitteu into the paitneiship without the consent
of all the othei paitneis, even if the paitnei having an associate shoulu be a
managei. (1696)
Article 1805. The paitneiship books shall be kept, subject to any agieement
between the paitneis, at the piincipal place of business of the paitneiship, anu
eveiy paitnei shall at any ieasonable houi have access to anu may inspect anu
copy any of them. (n)
Article 180. Paitneis shall ienuei on uemanu tiue anu full infoimation of all
things affecting the paitneiship to any paitnei oi the legal iepiesentative of any
ueceaseu paitnei oi of any paitnei unuei legal uisability. (n)
Article 1807. Eveiy paitnei must account to the paitneiship foi any benefit, anu
holu as tiustee foi it any piofits ueiiveu by him without the consent of the othei
paitneis fiom any tiansaction connecteu with the foimation, conuuct, oi
liquiuation of the paitneiship oi fiom any use by him of its piopeity. (n)
Article 1808. The capitalist paitneis cannot engage foi theii own account in any
opeiation which is of the kinu of business in which the paitneiship is engageu,
unless theie is a stipulation to the contiaiy.
Any capitalist paitnei violating this piohibition shall biing to the common funus
any piofits acciuing to him fiom his tiansactions, anu shall peisonally beai all
the losses. (n)
Article 1809. Any paitnei shall have the iight to a foimal account as to
paitneiship affaiis:
(1) If he is wiongfully excluueu fiom the paitneiship business oi possession of
its piopeity by his co-paitneis;
(2) If the iight exists unuei the teims of any agieement;
(S) As pioviueu by aiticle 18u7;
(4) Whenevei othei ciicumstances ienuei it just anu ieasonable. (n)
SECTIUN 2
Property Rigbts of a Partner
Article 1810. The piopeity iights of a paitnei aie:
(1) Bis iights in specific paitneiship piopeity;
(2) Bis inteiest in the paitneiship; anu
(S) Bis iight to paiticipate in the management (n)
Article 1811. A paitnei is co-ownei with his paitneis of specific paitneiship
piopeity.
The inciuents of this co-owneiship aie such that:
(1) A paitnei, subject to the piovisions of this Title anu to any agieement
between the paitneis, has an equal iight with his paitneis to possess specific
paitneiship piopeity foi paitneiship puiposes; but he has no iight to possess
such piopeity foi any othei puipose without the consent of his paitneis;
(2) A paitnei's iight in specific paitneiship piopeity is not assignable except in
connection with the assignment of iights of all the paitneis in the same piopeity;
(S) A paitnei's iight in specific paitneiship piopeity is not subject to attachment
oi execution, except on a claim against the paitneiship. When paitneiship
piopeity is attacheu foi a paitneiship uebt the paitneis, oi any of them, oi the
iepiesentatives of a ueceaseu paitnei, cannot claim any iight unuei the
homesteau oi exemption laws;
(4) A paitnei's iight in specific paitneiship piopeity is not subject to legal
suppoit unuei aiticle 291. (n)
Article 1812. A paitnei's inteiest in the paitneiship is his shaie of the piofits
anu suiplus. (n)
Article 1813. A conveyance by a paitnei of his whole inteiest in the paitneiship
uoes not of itself uissolve the paitneiship, oi, as against the othei paitneis in the
absence of agieement, entitle the assignee, uuiing the continuance of the
paitneiship, to inteifeie in the management oi auministiation of the paitneiship
business oi affaiis, oi to iequiie any infoimation oi account of paitneiship
tiansactions, oi to inspect the paitneiship books; but it meiely entitles the
assignee to ieceive in accoiuance with his contiact the piofits to which the
assigning paitnei woulu otheiwise be entitleu. Bowevei, in case of fiauu in the
management of the paitneiship, the assignee may avail himself of the usual
iemeuies.
In case of a uissolution of the paitneiship, the assignee is entitleu to ieceive his
assignoi's inteiest anu may iequiie an account fiom the uate only of the last
account agieeu to by all the paitneis. (n)
Article 1814. Without piejuuice to the piefeiieu iights of paitneiship cieuitois
unuei aiticle 1827, on uue application to a competent couit by any juugment
cieuitoi of a paitnei, the couit which enteieu the juugment, oi any othei couit,
may chaige the inteiest of the uebtoi paitnei with payment of the unsatisfieu
amount of such juugment uebt with inteiest theieon; anu may then oi latei
appoint a ieceivei of his shaie of the piofits, anu of any othei money uue oi to
fall uue to him in iespect of the paitneiship, anu make all othei oiueis,
uiiections, accounts anu inquiiies which the uebtoi paitnei might have maue, oi
which the ciicumstances of the case may iequiie.
The inteiest chaigeu may be ieueemeu at any time befoie foieclosuie, oi in case
of a sale being uiiecteu by the couit, may be puichaseu without theieby causing
a uissolution:
(1) With sepaiate piopeity, by any one oi moie of the paitneis; oi
(2) With paitneiship piopeity, by any one oi moie of the paitneis with the
consent of all the paitneis whose inteiests aie not so chaigeu oi solu.
Nothing in this Title shall be helu to uepiive a paitnei of his iight, if any, unuei
the exemption laws, as iegaius his inteiest in the paitneiship. (n)
SECTIUN 3
Ubligations of tbe Partners witb Regard to Tbird Persons
Article 1815. Eveiy paitneiship shall opeiate unuei a fiim name, which may oi
may not incluue the name of one oi moie of the paitneis.
Those who, not being membeis of the paitneiship, incluue theii names in the
fiim name, shall be subject to the liability of a paitnei. (n)
Article 181. All paitneis, incluuing inuustiial ones, shall be liable pio iata with
all theii piopeity anu aftei all the paitneiship assets have been exhausteu, foi
the contiacts which may be enteieu into in the name anu foi the account of the
paitneiship, unuei its signatuie anu by a peison authoiizeu to act foi the
paitneiship. Bowevei, any paitnei may entei into a sepaiate obligation to
peifoim a paitneiship contiact. (n)
Article 1817. Any stipulation against the liability laiu uown in the pieceuing
aiticle shall be voiu, except as among the paitneis. (n)
Article 1818. Eveiy paitnei is an agent of the paitneiship foi the puipose of its
business, anu the act of eveiy paitnei, incluuing the execution in the paitneiship
name of any instiument, foi appaiently caiiying on in the usual way the business
of the paitneiship of which he is a membei binus the paitneiship, unless the
paitnei so acting has in fact no authoiity to act foi the paitneiship in the
paiticulai mattei, anu the peison with whom he is uealing has knowleuge of the
fact that he has no such authoiity.
An act of a paitnei which is not appaiently foi the caiiying on of business of the
paitneiship in the usual way uoes not binu the paitneiship unless authoiizeu by
the othei paitneis.
Except when authoiizeu by the othei paitneis oi unless they have abanuoneu
the business, one oi moie but less than all the paitneis have no authoiity to:
(1) Assign the paitneiship piopeity in tiust foi cieuitois oi on the assignee's
piomise to pay the uebts of the paitneiship;
(2) Bispose of the goou-will of the business;
(S) Bo any othei act which woulu make it impossible to caiiy on the oiuinaiy
business of a paitneiship;
(4) Confess a juugment;
(S) Entei into a compiomise conceining a paitneiship claim oi liability;
(6) Submit a paitneiship claim oi liability to aibitiation;
(7) Renounce a claim of the paitneiship.
No act of a paitnei in contiavention of a iestiiction on authoiity shall binu the
paitneiship to peisons having knowleuge of the iestiiction. (n)
Article 1819. Wheie title to ieal piopeity is in the paitneiship name, any
paitnei may convey title to such piopeity by a conveyance executeu in the
paitneiship name; but the paitneiship may iecovei such piopeity unless the
paitnei's act binus the paitneiship unuei the piovisions of the fiist paiagiaph of
aiticle 1818, oi unless such piopeity has been conveyeu by the giantee oi a
peison claiming thiough such giantee to a holuei foi value without knowleuge
that the paitnei, in making the conveyance, has exceeueu his authoiity.
Wheie title to ieal piopeity is in the name of the paitneiship, a conveyance
executeu by a paitnei, in his own name, passes the equitable inteiest of the
paitneiship, pioviueu the act is one within the authoiity of the paitnei unuei the
piovisions of the fiist paiagiaph of aiticle 1818.
Wheie title to ieal piopeity is in the name of one oi moie but not all the
paitneis, anu the iecoiu uoes not uisclose the iight of the paitneiship, the
paitneis in whose name the title stanus may convey title to such piopeity, but
the paitneiship may iecovei such piopeity if the paitneis' act uoes not binu the
paitneiship unuei the piovisions of the fiist paiagiaph of aiticle 1818, unless
the puichasei oi his assignee, is a holuei foi value, without knowleuge.
Wheie the title to ieal piopeity is in the name of one oi moie oi all the paitneis,
oi in a thiiu peison in tiust foi the paitneiship, a conveyance executeu by a
paitnei in the paitneiship name, oi in his own name, passes the equitable
inteiest of the paitneiship, pioviueu the act is one within the authoiity of the
paitnei unuei the piovisions of the fiist paiagiaph of aiticle 1818.
Wheie the title to ieal piopeity is in the name of all the paitneis a conveyance
executeu by all the paitneis passes all theii iights in such piopeity. (n)
Article 1820. An aumission oi iepiesentation maue by any paitnei conceining
paitneiship affaiis within the scope of his authoiity in accoiuance with this Title
is eviuence against the paitneiship. (n)
Article 1821. Notice to any paitnei of any mattei ielating to paitneiship affaiis,
anu the knowleuge of the paitnei acting in the paiticulai mattei, acquiieu while
a paitnei oi then piesent to his minu, anu the knowleuge of any othei paitnei
who ieasonably coulu anu shoulu have communicateu it to the acting paitnei,
opeiate as notice to oi knowleuge of the paitneiship, except in the case of fiauu
on the paitneiship, committeu by oi with the consent of that paitnei. (n)
Article 1822. Wheie, by any wiongful act oi omission of any paitnei acting in
the oiuinaiy couise of the business of the paitneiship oi with the authoiity of
his co-paitneis, loss oi injuiy is causeu to any peison, not being a paitnei in the
paitneiship, oi any penalty is incuiieu, the paitneiship is liable theiefoi to the
same extent as the paitnei so acting oi omitting to act. (n)
Article 1823. The paitneiship is bounu to make goou the loss:
(1) Wheie one paitnei acting within the scope of his appaient authoiity ieceives
money oi piopeity of a thiiu peison anu misapplies it; anu
(2) Wheie the paitneiship in the couise of its business ieceives money oi
piopeity of a thiiu peison anu the money oi piopeity so ieceiveu is misapplieu
by any paitnei while it is in the custouy of the paitneiship. (n)
Article 1824. All paitneis aie liable soliuaiily with the paitneiship foi
eveiything chaigeable to the paitneiship unuei aiticles 1822 anu 182S. (n)
Article 1825. When a peison, by woius spoken oi wiitten oi by conuuct,
iepiesents himself, oi consents to anothei iepiesenting him to anyone, as a
paitnei in an existing paitneiship oi with one oi moie peisons not actual
paitneis, he is liable to any such peisons to whom such iepiesentation has been
maue, who has, on the faith of such iepiesentation, given cieuit to the actual oi
appaient paitneiship, anu if he has maue such iepiesentation oi consenteu to its
being maue in a public mannei he is liable to such peison, whethei the
iepiesentation has oi has not been maue oi communicateu to such peison so
giving cieuit by oi with the knowleuge of the appaient paitnei making the
iepiesentation oi consenting to its being maue:
(1) When a paitneiship liability iesults, he is liable as though he weie an actual
membei of the paitneiship;
(2) When no paitneiship liability iesults, he is liable pio iata with the othei
peisons, if any, so consenting to the contiact oi iepiesentation as to incui
liability, otheiwise sepaiately.
When a peison has been thus iepiesenteu to be a paitnei in an existing
paitneiship, oi with one oi moie peisons not actual paitneis, he is an agent of
the peisons consenting to such iepiesentation to binu them to the same extent
anu in the same mannei as though he weie a paitnei in fact, with iespect to
peisons who iely upon the iepiesentation. When all the membeis of the existing
paitneiship consent to the iepiesentation, a paitneiship act oi obligation
iesults; but in all othei cases it is the joint act oi obligation of the peison acting
anu the peisons consenting to the iepiesentation. (n)
Article 182. A peison aumitteu as a paitnei into an existing paitneiship is
liable foi all the obligations of the paitneiship aiising befoie his aumission as
though he hau been a paitnei when such obligations weie incuiieu, except that
this liability shall be satisfieu only out of paitneiship piopeity, unless theie is a
stipulation to the contiaiy. (n)
Article 1827. The cieuitois of the paitneiship shall be piefeiieu to those of each
paitnei as iegaius the paitneiship piopeity. Without piejuuice to this iight, the
piivate cieuitois of each paitnei may ask the attachment anu public sale of the
shaie of the lattei in the paitneiship assets. (n)
CHAPTER 3
Dissolution and Winding Up
Article 1828. The uissolution of a paitneiship is the change in the ielation of the
paitneis causeu by any paitnei ceasing to be associateu in the caiiying on as
uistinguisheu fiom the winuing up of the business. (n)
Article 1829. 0n uissolution the paitneiship is not teiminateu, but continues
until the winuing up of paitneiship affaiis is completeu. (n)
Article 1830. Bissolution is causeu:
(1) Without violation of the agieement between the paitneis:
(a) By the teimination of the uefinite teim oi paiticulai unueitaking specifieu in
the agieement;
(b) By the expiess will of any paitnei, who must act in goou faith, when no
uefinite teim oi paiticulai is specifieu;
(c) By the expiess will of all the paitneis who have not assigneu theii inteiests
oi suffeieu them to be chaigeu foi theii sepaiate uebts, eithei befoie oi aftei the
teimination of any specifieu teim oi paiticulai unueitaking;
(u) By the expulsion of any paitnei fiom the business bona fiue in accoiuance
with such a powei confeiieu by the agieement between the paitneis;
(2) In contiavention of the agieement between the paitneis, wheie the
ciicumstances uo not peimit a uissolution unuei any othei piovision of this
aiticle, by the expiess will of any paitnei at any time;
(S) By any event which makes it unlawful foi the business of the paitneiship to
be caiiieu on oi foi the membeis to caiiy it on in paitneiship;
(4) When a specific thing which a paitnei hau piomiseu to contiibute to the
paitneiship, peiishes befoie the ueliveiy; in any case by the loss of the thing,
when the paitnei who contiibuteu it having ieseiveu the owneiship theieof, has
only tiansfeiieu to the paitneiship the use oi enjoyment of the same; but the
paitneiship shall not be uissolveu by the loss of the thing when it occuis aftei
the paitneiship has acquiieu the owneiship theieof;
(S) By the ueath of any paitnei;
(6) By the insolvency of any paitnei oi of the paitneiship;
(7) By the civil inteiuiction of any paitnei;
(8) By ueciee of couit unuei the following aiticle. (17uua anu 17u1a)
Article 1831. 0n application by oi foi a paitnei the couit shall ueciee a
uissolution whenevei:
(1) A paitnei has been ueclaieu insane in any juuicial pioceeuing oi is shown to
be of unsounu minu;
(2) A paitnei becomes in any othei way incapable of peifoiming his pait of the
paitneiship contiact;
(S) A paitnei has been guilty of such conuuct as tenus to affect piejuuicially the
caiiying on of the business;
(4) A paitnei wilfully oi peisistently commits a bieach of the paitneiship
agieement, oi otheiwise so conuucts himself in matteis ielating to the
paitneiship business that it is not ieasonably piacticable to caiiy on the
business in paitneiship with him;
(S) The business of the paitneiship can only be caiiieu on at a loss;
(6) 0thei ciicumstances ienuei a uissolution equitable.
0n the application of the puichasei of a paitnei's inteiest unuei aiticle 181S oi
1814:
(1) Aftei the teimination of the specifieu teim oi paiticulai unueitaking;
(2) At any time if the paitneiship was a paitneiship at will when the inteiest was
assigneu oi when the chaiging oiuei was issueu. (n)
Article 1832. Except so fai as may be necessaiy to winu up paitneiship affaiis
oi to complete tiansactions begun but not then finisheu, uissolution teiminates
all authoiity of any paitnei to act foi the paitneiship:
(1) With iespect to the paitneis,
(a) When the uissolution is not by the act, insolvency oi ueath of a paitnei; oi
(b) When the uissolution is by such act, insolvency oi ueath of a paitnei, in cases
wheie aiticle 18SS so iequiies;
(2) With iespect to peisons not paitneis, as ueclaieu in aiticle 18S4. (n)
Article 1833. Wheie the uissolution is causeu by the act, ueath oi insolvency of
a paitnei, each paitnei is liable to his co-paitneis foi his shaie of any liability
cieateu by any paitnei acting foi the paitneiship as if the paitneiship hau not
been uissolveu unless:
(1) The uissolution being by act of any paitnei, the paitnei acting foi the
paitneiship hau knowleuge of the uissolution; oi
(2) The uissolution being by the ueath oi insolvency of a paitnei, the paitnei
acting foi the paitneiship hau knowleuge oi notice of the ueath oi insolvency.
Article 1834. Aftei uissolution, a paitnei can binu the paitneiship, except as
pioviueu in the thiiu paiagiaph of this aiticle:
(1) By any act appiopiiate foi winuing up paitneiship affaiis oi completing
tiansactions unfinisheu at uissolution;
(2) By any tiansaction which woulu binu the paitneiship if uissolution hau not
taken place, pioviueu the othei paity to the tiansaction:
(a) Bau extenueu cieuit to the paitneiship piioi to uissolution anu hau no
knowleuge oi notice of the uissolution; oi
(b) Though he hau not so extenueu cieuit, hau neveitheless known of the
paitneiship piioi to uissolution, anu, having no knowleuge oi notice of
uissolution, the fact of uissolution hau not been auveitiseu in a newspapei of
geneial ciiculation in the place (oi in each place if moie than one) at which the
paitneiship business was iegulaily caiiieu on.
The liability of a paitnei unuei the fiist paiagiaph, No. 2, shall be satisfieu out of
paitneiship assets alone when such paitnei hau been piioi to uissolution:
(1) 0nknown as a paitnei to the peison with whom the contiact is maue; anu
(2) So fai unknown anu inactive in paitneiship affaiis that the business
ieputation of the paitneiship coulu not be saiu to have been in any uegiee uue to
his connection with it.
The paitneiship is in no case bounu by any act of a paitnei aftei uissolution:
(1) Wheie the paitneiship is uissolveu because it is unlawful to caiiy on the
business, unless the act is appiopiiate foi winuing up paitneiship affaiis; oi
(2) Wheie the paitnei has become insolvent; oi
(S) Wheie the paitnei has no authoiity to winu up paitneiship affaiis; except by
a tiansaction with one who -
(a) Bau extenueu cieuit to the paitneiship piioi to uissolution anu hau no
knowleuge oi notice of his want of authoiity; oi
(b) Bau not extenueu cieuit to the paitneiship piioi to uissolution, anu, having
no knowleuge oi notice of his want of authoiity, the fact of his want of authoiity
has not been auveitiseu in the mannei pioviueu foi auveitising the fact of
uissolution in the fiist paiagiaph, No. 2 (b).
Nothing in this aiticle shall affect the liability unuei aiticle 182S of any peison
who aftei uissolution iepiesents himself oi consents to anothei iepiesenting
him as a paitnei in a paitneiship engageu in caiiying on business. (n)
Article 1835. The uissolution of the paitneiship uoes not of itself uischaige the
existing liability of any paitnei.
A paitnei is uischaigeu fiom any existing liability upon uissolution of the
paitneiship by an agieement to that effect between himself, the paitneiship
cieuitoi anu the peison oi paitneiship continuing the business; anu such
agieement may be infeiieu fiom the couise of uealing between the cieuitoi
having knowleuge of the uissolution anu the peison oi paitneiship continuing
the business.
The inuiviuual piopeity of a ueceaseu paitnei shall be liable foi all obligations of
the paitneiship incuiieu while he was a paitnei, but subject to the piioi
payment of his sepaiate uebts. (n)
Article 183. 0nless otheiwise agieeu, the paitneis who have not wiongfully
uissolveu the paitneiship oi the legal iepiesentative of the last suiviving
paitnei, not insolvent, has the iight to winu up the paitneiship affaiis, pioviueu,
howevei, that any paitnei, his legal iepiesentative oi his assignee, upon cause
shown, may obtain winuing up by the couit. (n)
Article 1837. When uissolution is causeu in any way, except in contiavention of
the paitneiship agieement, each paitnei, as against his co-paitneis anu all
peisons claiming thiough them in iespect of theii inteiests in the paitneiship,
unless otheiwise agieeu, may have the paitneiship piopeity applieu to
uischaige its liabilities, anu the suiplus applieu to pay in cash the net amount
owing to the iespective paitneis. But if uissolution is causeu by expulsion of a
paitnei, bona fiue unuei the paitneiship agieement anu if the expelleu paitnei is
uischaigeu fiom all paitneiship liabilities, eithei by payment oi agieement
unuei the seconu paiagiaph of aiticle 18SS, he shall ieceive in cash only the net
amount uue him fiom the paitneiship.
When uissolution is causeu in contiavention of the paitneiship agieement the
iights of the paitneis shall be as follows:
(1) Each paitnei who has not causeu uissolution wiongfully shall have:
(a) All the iights specifieu in the fiist paiagiaph of this aiticle, anu
(b) The iight, as against each paitnei who has causeu the uissolution wiongfully,
to uamages bieach of the agieement.
(2) The paitneis who have not causeu the uissolution wiongfully, if they all
uesiie to continue the business in the same name eithei by themselves oi jointly
with otheis, may uo so, uuiing the agieeu teim foi the paitneiship anu foi that
puipose may possess the paitneiship piopeity, pioviueu they secuie the
payment by bonu appioveu by the couit, oi pay any paitnei who has causeu the
uissolution wiongfully, the value of his inteiest in the paitneiship at the
uissolution, less any uamages iecoveiable unuei the seconu paiagiaph, No. 1 (b)
of this aiticle, anu in like mannei inuemnify him against all piesent oi futuie
paitneiship liabilities.
(S) A paitnei who has causeu the uissolution wiongfully shall have:
(a) If the business is not continueu unuei the piovisions of the seconu
paiagiaph, No. 2, all the iights of a paitnei unuei the fiist paiagiaph, subject to
liability foi uamages in the seconu paiagiaph, No. 1 (b), of this aiticle.
(b) If the business is continueu unuei the seconu paiagiaph, No. 2, of this aiticle,
the iight as against his co-paitneis anu all claiming thiough them in iespect of
theii inteiests in the paitneiship, to have the value of his inteiest in the
paitneiship, less any uamage causeu to his co-paitneis by the uissolution,
asceitaineu anu paiu to him in cash, oi the payment secuieu by a bonu appioveu
by the couit, anu to be ieleaseu fiom all existing liabilities of the paitneiship; but
in asceitaining the value of the paitnei's inteiest the value of the goou-will of the
business shall not be consiueieu. (n)
Article 1838. Wheie a paitneiship contiact is iescinueu on the giounu of the
fiauu oi misiepiesentation of one of the paities theieto, the paity entitleu to
iescinu is, without piejuuice to any othei iight, entitleu:
(1) To a lien on, oi iight of ietention of, the suiplus of the paitneiship piopeity
aftei satisfying the paitneiship liabilities to thiiu peisons foi any sum of money
paiu by him foi the puichase of an inteiest in the paitneiship anu foi any capital
oi auvances contiibuteu by him;
(2) To stanu, aftei all liabilities to thiiu peisons have been satisfieu, in the place
of the cieuitois of the paitneiship foi any payments maue by him in iespect of
the paitneiship liabilities; anu
(S) To be inuemnifieu by the peison guilty of the fiauu oi making the
iepiesentation against all uebts anu liabilities of the paitneiship. (n)
Article 1839. In settling accounts between the paitneis aftei uissolution, the
following iules shall be obseiveu, subject to any agieement to the contiaiy:
(1) The assets of the paitneiship aie:
(a) The paitneiship piopeity,
(b) The contiibutions of the paitneis necessaiy foi the payment of all the
liabilities specifieu in No. 2.
(2) The liabilities of the paitneiship shall iank in oiuei of payment, as follows:
(a) Those owing to cieuitois othei than paitneis,
(b) Those owing to paitneis othei than foi capital anu piofits,
(c) Those owing to paitneis in iespect of capital,
(u) Those owing to paitneis in iespect of piofits.
(S) The assets shall be applieu in the oiuei of theii ueclaiation in No. 1 of this
aiticle to the satisfaction of the liabilities.
(4) The paitneis shall contiibute, as pioviueu by aiticle 1797, the amount
necessaiy to satisfy the liabilities.
(S) An assignee foi the benefit of cieuitois oi any peison appointeu by the couit
shall have the iight to enfoice the contiibutions specifieu in the pieceuing
numbei.
(6) Any paitnei oi his legal iepiesentative shall have the iight to enfoice the
contiibutions specifieu in No. 4, to the extent of the amount which he has paiu in
excess of his shaie of the liability.
(7) The inuiviuual piopeity of a ueceaseu paitnei shall be liable foi the
contiibutions specifieu in No. 4.
(8) When paitneiship piopeity anu the inuiviuual piopeities of the paitneis aie
in possession of a couit foi uistiibution, paitneiship cieuitois shall have piioiity
on paitneiship piopeity anu sepaiate cieuitois on inuiviuual piopeity, saving
the iights of lien oi secuieu cieuitois.
(9) Wheie a paitnei has become insolvent oi his estate is insolvent, the claims
against his sepaiate piopeity shall iank in the following oiuei:
(a) Those owing to sepaiate cieuitois;
(b) Those owing to paitneiship cieuitois;
(c) Those owing to paitneis by way of contiibution. (n)
Article 1840. In the following cases cieuitois of the uissolveu paitneiship aie
also cieuitois of the peison oi paitneiship continuing the business:
(1) When any new paitnei is aumitteu into an existing paitneiship, oi when any
paitnei ietiies anu assigns (oi the iepiesentative of the ueceaseu paitnei
assigns) his iights in paitneiship piopeity to two oi moie of the paitneis, oi to
one oi moie of the paitneis anu one oi moie thiiu peisons, if the business is
continueu without liquiuation of the paitneiship affaiis;
(2) When all but one paitnei ietiie anu assign (oi the iepiesentative of a
ueceaseu paitnei assigns) theii iights in paitneiship piopeity to the iemaining
paitnei, who continues the business without liquiuation of paitneiship affaiis,
eithei alone oi with otheis;
(S) When any paitnei ietiies oi uies anu the business of the uissolveu
paitneiship is continueu as set foith in Nos. 1 anu 2 of this aiticle, with the
consent of the ietiieu paitneis oi the iepiesentative of the ueceaseu paitnei, but
without any assignment of his iight in paitneiship piopeity;
(4) When all the paitneis oi theii iepiesentatives assign theii iights in
paitneiship piopeity to one oi moie thiiu peisons who piomise to pay the uebts
anu who continue the business of the uissolveu paitneiship;
(S) When any paitnei wiongfully causes a uissolution anu the iemaining
paitneis continue the business unuei the piovisions of aiticle 18S7, seconu
paiagiaph, No. 2, eithei alone oi with otheis, anu without liquiuation of the
paitneiship affaiis;
(6) When a paitnei is expelleu anu the iemaining paitneis continue the business
eithei alone oi with otheis without liquiuation of the paitneiship affaiis.
The liability of a thiiu peison becoming a paitnei in the paitneiship continuing
the business, unuei this aiticle, to the cieuitois of the uissolveu paitneiship shall
be satisfieu out of the paitneiship piopeity only, unless theie is a stipulation to
the contiaiy.
When the business of a paitneiship aftei uissolution is continueu unuei any
conuitions set foith in this aiticle the cieuitois of the uissolveu paitneiship, as
against the sepaiate cieuitois of the ietiiing oi ueceaseu paitnei oi the
iepiesentative of the ueceaseu paitnei, have a piioi iight to any claim of the
ietiieu paitnei oi the iepiesentative of the ueceaseu paitnei against the peison
oi paitneiship continuing the business, on account of the ietiieu oi ueceaseu
paitnei's inteiest in the uissolveu paitneiship oi on account of any
consiueiation piomiseu foi such inteiest oi foi his iight in paitneiship piopeity.
Nothing in this aiticle shall be helu to mouify any iight of cieuitois to set asiue
any assignment on the giounu of fiauu.
The use by the peison oi paitneiship continuing the business of the paitneiship
name, oi the name of a ueceaseu paitnei as pait theieof, shall not of itself make
the inuiviuual piopeity of the ueceaseu paitnei liable foi any uebts contiacteu
by such peison oi paitneiship. (n)
Article 1841. When any paitnei ietiies oi uies, anu the business is continueu
unuei any of the conuitions set foith in the pieceuing aiticle, oi in aiticle 18S7,
seconu paiagiaph, No. 2, without any settlement of accounts as between him oi
his estate anu the peison oi paitneiship continuing the business, unless
otheiwise agieeu, he oi his legal iepiesentative as against such peison oi
paitneiship may have the value of his inteiest at the uate of uissolution
asceitaineu, anu shall ieceive as an oiuinaiy cieuitoi an amount equal to the
value of his inteiest in the uissolveu paitneiship with inteiest, oi, at his option
oi at the option of his legal iepiesentative, in lieu of inteiest, the piofits
attiibutable to the use of his iight in the piopeity of the uissolveu paitneiship;
pioviueu that the cieuitois of the uissolveu paitneiship as against the sepaiate
cieuitois, oi the iepiesentative of the ietiieu oi ueceaseu paitnei, shall have
piioiity on any claim aiising unuei this aiticle, as pioviueu aiticle 184u, thiiu
paiagiaph. (n)
Article 1842. The iight to an account of his inteiest shall acciue to any paitnei,
oi his legal iepiesentative as against the winuing up paitneis oi the suiviving
paitneis oi the peison oi paitneiship continuing the business, at the uate of
uissolution, in the absence of any agieement to the contiaiy. (n)
CHAPTER 4
Limited Partnersbip (n)
Article 1843. A limiteu paitneiship is one foimeu by two oi moie peisons unuei
the piovisions of the following aiticle, having as membeis one oi moie geneial
paitneis anu one oi moie limiteu paitneis. The limiteu paitneis as such shall not
be bounu by the obligations of the paitneiship.
Article 1844. Two oi moie peisons uesiiing to foim a limiteu paitneiship shall:
(1) Sign anu sweai to a ceitificate, which shall state -
(a) The name of the paitneiship, auuing theieto the woiu "Limiteu";
(b) The chaiactei of the business;
(c) The location of the piincipal place of business;
(u) The name anu place of iesiuence of each membei, geneial anu limiteu
paitneis being iespectively uesignateu;
(e) The teim foi which the paitneiship is to exist;
( f ) The amount of cash anu a uesciiption of anu the agieeu value of the othei
piopeity contiibuteu by each limiteu paitnei;
(g) The auuitional contiibutions, if any, to be maue by each limiteu paitnei anu
the times at which oi events on the happening of which they shall be maue;
(h) The time, if agieeu upon, when the contiibution of each limiteu paitnei is to
be ietuineu;
(i) The shaie of the piofits oi the othei compensation by way of income which
each limiteu paitnei shall ieceive by ieason of his contiibution;
( j) The iight, if given, of a limiteu paitnei to substitute an assignee as
contiibutoi in his place, anu the teims anu conuitions of the substitution;
(k) The iight, if given, of the paitneis to aumit auuitional limiteu paitneis;
(l) The iight, if given, of one oi moie of the limiteu paitneis to piioiity ovei othei
limiteu paitneis, as to contiibutions oi as to compensation by way of income,
anu the natuie of such piioiity;
(m) The iight, if given, of the iemaining geneial paitnei oi paitneis to continue
the business on the ueath, ietiiement, civil inteiuiction, insanity oi insolvency of
a geneial paitnei; anu
(n) The iight, if given, of a limiteu paitnei to uemanu anu ieceive piopeity othei
than cash in ietuin foi his contiibution.
(2) File foi iecoiu the ceitificate in the 0ffice of the Secuiities anu Exchange
Commission.
A limiteu paitneiship is foimeu if theie has been substantial compliance in goou
faith with the foiegoing iequiiements.
Article 1845. The contiibutions of a limiteu paitnei may be cash oi piopeity,
but not seivices.
Article 184. The suiname of a limiteu paitnei shall not appeai in the
paitneiship name unless:
(1) It is also the suiname of a geneial paitnei, oi
(2) Piioi to the time when the limiteu paitnei became such, the business has
been caiiieu on unuei a name in which his suiname appeaieu.
A limiteu paitnei whose suiname appeais in a paitneiship name contiaiy to the
piovisions of the fiist paiagiaph is liable as a geneial paitnei to paitneiship
cieuitois who extenu cieuit to the paitneiship without actual knowleuge that he
is not a geneial paitnei.
Article 1847. If the ceitificate contains a false statement, one who suffeis loss by
ieliance on such statement may holu liable any paity to the ceitificate who knew
the statement to be false:
(1) At the time he signeu the ceitificate, oi
(2) Subsequently, but within a sufficient time befoie the statement was ielieu
upon to enable him to cancel oi amenu the ceitificate, oi to file a petition foi its
cancellation oi amenument as pioviueu in aiticle 186S.
Article 1848. A limiteu paitnei shall not become liable as a geneial paitnei
unless, in auuition to the exeicise of his iights anu poweis as a limiteu paitnei,
he takes pait in the contiol of the business.
Article 1849. Aftei the foimation of a lifteu paitneiship, auuitional limiteu
paitneis may be aumitteu upon filing an amenument to the oiiginal ceitificate in
accoiuance with the iequiiements of aiticle 186S.
Article 1850. A geneial paitnei shall have all the iights anu poweis anu be
subject to all the iestiictions anu liabilities of a paitnei in a paitneiship without
limiteu paitneis. Bowevei, without the wiitten consent oi iatification of the
specific act by all the limiteu paitneis, a geneial paitnei oi all of the geneial
paitneis have no authoiity to:
(1) Bo any act in contiavention of the ceitificate;
(2) Bo any act which woulu make it impossible to caiiy on the oiuinaiy business
of the paitneiship;
(S) Confess a juugment against the paitneiship;
(4) Possess paitneiship piopeity, oi assign theii iights in specific paitneiship
piopeity, foi othei than a paitneiship puipose;
(S) Aumit a peison as a geneial paitnei;
(6) Aumit a peison as a limiteu paitnei, unless the iight so to uo is given in the
ceitificate;
(7) Continue the business with paitneiship piopeity on the ueath, ietiiement,
insanity, civil inteiuiction oi insolvency of a geneial paitnei, unless the iight so
to uo is given in the ceitificate.
Article 1851. A limiteu paitnei shall have the same iights as a geneial paitnei
to:
(1) Bave the paitneiship books kept at the piincipal place of business of the
paitneiship, anu at a ieasonable houi to inspect anu copy any of them;
(2) Bave on uemanu tiue anu full infoimation of all things affecting the
paitneiship, anu a foimal account of paitneiship affaiis whenevei ciicumstances
ienuei it just anu ieasonable; anu
(S) Bave uissolution anu winuing up by ueciee of couit.
A limiteu paitnei shall have the iight to ieceive a shaie of the piofits oi othei
compensation by way of income, anu to the ietuin of his contiibution as
pioviueu in aiticles 18S6 anu 18S7.
Article 1852. Without piejuuice to the piovisions of aiticle 1848, a peison who
has contiibuteu to the capital of a business conuucteu by a peison oi paitneiship
eiioneously believing that he has become a limiteu paitnei in a limiteu
paitneiship, is not, by ieason of his exeicise of the iights of a limiteu paitnei, a
geneial paitnei with the peison oi in the paitneiship caiiying on the business,
oi bounu by the obligations of such peison oi paitneiship, pioviueu that on
asceitaining the mistake he piomptly ienounces his inteiest in the piofits of the
business, oi othei compensation by way of income.
Article 1853. A peison may be a geneial paitnei anu a limiteu paitnei in the
same paitneiship at the same time, pioviueu that this fact shall be stateu in the
ceitificate pioviueu foi in aiticle 1844.
A peison who is a geneial, anu also at the same time a limiteu paitnei, shall have
all the iights anu poweis anu be subject to all the iestiictions of a geneial
paitnei; except that, in iespect to his contiibution, he shall have the iights
against the othei membeis which he woulu have hau if he weie not also a
geneial paitnei.
Article 1854. A limiteu paitnei also may loan money to anu tiansact othei
business with the paitneiship, anu, unless he is also a geneial paitnei, ieceive on
account of iesulting claims against the paitneiship, with geneial cieuitois, a pio
iata shaie of the assets. No limiteu paitnei shall in iespect to any such claim:
(1) Receive oi holu as collateial secuiity any paitneiship piopeity, oi
(2) Receive fiom a geneial paitnei oi the paitneiship any payment, conveyance,
oi ielease fiom liability if at the time the assets of the paitneiship aie not
sufficient to uischaige paitneiship liabilities to peisons not claiming as geneial
oi limiteu paitneis.
The ieceiving of collateial secuiity, oi payment, conveyance, oi ielease in
violation of the foiegoing piovisions is a fiauu on the cieuitois of the
paitneiship.
Article 1855. Wheie theie aie seveial limiteu paitneis the membeis may agiee
that one oi moie of the limiteu paitneis shall have a piioiity ovei othei limiteu
paitneis as to the ietuin of theii contiibutions, as to theii compensation by way
of income, oi as to any othei mattei. If such an agieement is maue it shall be
stateu in the ceitificate, anu in the absence of such a statement all the limiteu
paitneis shall stanu upon equal footing.
Article 185. A limiteu paitnei may ieceive fiom the paitneiship the shaie of
the piofits oi the compensation by way of income stipulateu foi in the ceitificate;
pioviueu, that aftei such payment is maue, whethei fiom piopeity of the
paitneiship oi that of a geneial paitnei, the paitneiship assets aie in excess of
all liabilities of the paitneiship except liabilities to limiteu paitneis on account of
theii contiibutions anu to geneial paitneis.
Article 1857. A limiteu paitnei shall not ieceive fiom a geneial paitnei oi out of
paitneiship piopeity any pait of his contiibutions until:
(1) All liabilities of the paitneiship, except liabilities to geneial paitneis anu to
limiteu paitneis on account of theii contiibutions, have been paiu oi theie
iemains piopeity of the paitneiship sufficient to pay them;
(2) The consent of all membeis is hau, unless the ietuin of the contiibution may
be iightfully uemanueu unuei the piovisions of the seconu paiagiaph; anu
(S) The ceitificate is cancelleu oi so amenueu as to set foith the withuiawal oi
ieuuction.
Subject to the piovisions of the fiist paiagiaph, a limiteu paitnei may iightfully
uemanu the ietuin of his contiibution:
(1) 0n the uissolution of a paitneiship; oi
(2) When the uate specifieu in the ceitificate foi its ietuin has aiiiveu, oi
(S) Aftei he has six months' notice in wiiting to all othei membeis, if no time is
specifieu in the ceitificate, eithei foi the ietuin of the contiibution oi foi the
uissolution of the paitneiship.
In the absence of any statement in the ceitificate to the contiaiy oi the consent
of all membeis, a limiteu paitnei, iiiespective of the natuie of his contiibution,
has only the iight to uemanu anu ieceive cash in ietuin foi his contiibution.
A limiteu paitnei may have the paitneiship uissolveu anu its affaiis wounu up
when:
(1) Be iightfully but unsuccessfully uemanus the ietuin of his contiibution, oi
(2) The othei liabilities of the paitneiship have not been paiu, oi the paitneiship
piopeity is insufficient foi theii payment as iequiieu by the fiist paiagiaph, No.
1, anu the limiteu paitnei woulu otheiwise be entitleu to the ietuin of his
contiibution.
Article 1858. A limiteu paitnei is liable to the paitneiship:
(1) Foi the uiffeience between his contiibution as actually maue anu that stateu
in the ceitificate as having been maue, anu
(2) Foi any unpaiu contiibution which he agieeu in the ceitificate to make in the
futuie at the time anu on the conuitions stateu in the ceitificate.
A limiteu paitnei holus as tiustee foi the paitneiship:
(1) Specific piopeity stateu in the ceitificate as contiibuteu by him, but which
was not contiibuteu oi which has been wiongfully ietuineu, anu
(2) Noney oi othei piopeity wiongfully paiu oi conveyeu to him on account of
his contiibution.
The liabilities of a limiteu paitnei as set foith in this aiticle can be waiveu oi
compiomiseu only by the consent of all membeis; but a waivei oi compiomise
shall not affect the iight of a cieuitoi of a paitneiship who extenueu cieuit oi
whose claim aiose aftei the filing anu befoie a cancellation oi amenument of the
ceitificate, to enfoice such liabilities.
When a contiibutoi has iightfully ieceiveu the ietuin in whole oi in pait of the
capital of his contiibution, he is neveitheless liable to the paitneiship foi any
sum, not in excess of such ietuin with inteiest, necessaiy to uischaige its
liabilities to all cieuitois who extenueu cieuit oi whose claims aiose befoie such
ietuin.
Article 1859. A limiteu paitnei's inteiest is assignable.
A substituteu limiteu paitnei is a peison aumitteu to all the iights of a limiteu
paitnei who has uieu oi has assigneu his inteiest in a paitneiship.
An assignee, who uoes not become a substituteu limiteu paitnei, has no iight to
iequiie any infoimation oi account of the paitneiship tiansactions oi to inspect
the paitneiship books; he is only entitleu to ieceive the shaie of the piofits oi
othei compensation by way of income, oi the ietuin of his contiibution, to which
his assignoi woulu otheiwise be entitleu.
An assignee shall have the iight to become a substituteu limiteu paitnei if all the
membeis consent theieto oi if the assignoi, being theieunto empoweieu by the
ceitificate, gives the assignee that iight.
An assignee becomes a substituteu limiteu paitnei when the ceitificate is
appiopiiately amenueu in accoiuance with aiticle 186S.
The substituteu limiteu paitnei has all the iights anu poweis, anu is subject to all
the iestiictions anu liabilities of his assignoi, except those liabilities of which he
was ignoiant at the time he became a limiteu paitnei anu which coulu not be
asceitaineu fiom the ceitificate.
The substitution of the assignee as a limiteu paitnei uoes not ielease the
assignoi fiom liability to the paitneiship unuei aiticles 1847 anu 18S8.
Article 180. The ietiiement, ueath, insolvency, insanity oi civil inteiuiction of a
geneial paitnei uissolves the paitneiship, unless the business is continueu by
the iemaining geneial paitneis:
(1) 0nuei a iight so to uo stateu in the ceitificate, oi
(2) With the consent of all membeis.
Article 181. 0n the ueath of a limiteu paitnei his executoi oi auministiatoi
shall have all the iights of a limiteu paitnei foi the puipose of setting his estate,
anu such powei as the ueceaseu hau to constitute his assignee a substituteu
limiteu paitnei.
The estate of a ueceaseu limiteu paitnei shall be liable foi all his liabilities as a
limiteu paitnei.
Article 182. 0n uue application to a couit of competent juiisuiction by any
cieuitoi of a limiteu paitnei, the couit may chaige the inteiest of the inuebteu
limiteu paitnei with payment of the unsatisfieu amount of such claim, anu may
appoint a ieceivei, anu make all othei oiueis, uiiections anu inquiiies which the
ciicumstances of the case may iequiie.
The inteiest may be ieueemeu with the sepaiate piopeity of any geneial
paitnei, but may not be ieueemeu with paitneiship piopeity.
The iemeuies confeiieu by the fiist paiagiaph shall not be ueemeu exclusive of
otheis which may exist.
Nothing in this Chaptei shall be helu to uepiive a limiteu paitnei of his statutoiy
exemption.
Article 183. In settling accounts aftei uissolution the liabilities of the
paitneiship shall be entitleu to payment in the following oiuei:
(1) Those to cieuitois, in the oiuei of piioiity as pioviueu by law, except those to
limiteu paitneis on account of theii contiibutions, anu to geneial paitneis;
(2) Those to limiteu paitneis in iespect to theii shaie of the piofits anu othei
compensation by way of income on theii contiibutions;
(S) Those to limiteu paitneis in iespect to the capital of theii contiibutions;
(4) Those to geneial paitneis othei than foi capital anu piofits;
(S) Those to geneial paitneis in iespect to piofits;
(6) Those to geneial paitneis in iespect to capital.
Subject to any statement in the ceitificate oi to subsequent agieement, limiteu
paitneis shaie in the paitneiship assets in iespect to theii claims foi capital, anu
in iespect to theii claims foi piofits oi foi compensation by way of income on
theii contiibution iespectively, in piopoition to the iespective amounts of such
claims.
Article 184. The ceitificate shall be cancelleu when the paitneiship is
uissolveu oi all limiteu paitneis cease to be such.
A ceitificate shall be amenueu when:
(1) Theie is a change in the name of the paitneiship oi in the amount oi
chaiactei of the contiibution of any limiteu paitnei;
(2) A peison is substituteu as a limiteu paitnei;
(S) An auuitional limiteu paitnei is aumitteu;
(4) A peison is aumitteu as a geneial paitnei;
(S) A geneial paitnei ietiies, uies, becomes insolvent oi insane, oi is sentenceu
to civil inteiuiction anu the business is continueu unuei aiticle 186u;
(6) Theie is a change in the chaiactei of the business of the paitneiship;
(7) Theie is a false oi eiioneous statement in the ceitificate;
(8) Theie is a change in the time as stateu in the ceitificate foi the uissolution of
the paitneiship oi foi the ietuin of a contiibution;
(9) A time is fixeu foi the uissolution of the paitneiship, oi the ietuin of a
contiibution, no time having been specifieu in the ceitificate, oi
(1u) The membeis uesiie to make a change in any othei statement in the
ceitificate in oiuei that it shall accuiately iepiesent the agieement among them.
Article 185. The wiiting to amenu a ceitificate shall:
(1) Confoim to the iequiiements of aiticle 1844 as fai as necessaiy to set foith
cleaily the change in the ceitificate which it is uesiieu to make; anu
(2) Be signeu anu swoin to by all membeis, anu an amenument substituting a
limiteu paitnei oi auuing a limiteu oi geneial paitnei shall be signeu also by the
membei to be substituteu oi auueu, anu when a limiteu paitnei is to be
substituteu, the amenument shall also be signeu by the assigning limiteu paitnei.
The wiiting to cancel a ceitificate shall be signeu by all membeis.
A peison uesiiing the cancellation oi amenument of a ceitificate, if any peison
uesignateu in the fiist anu seconu paiagiaphs as a peison who must execute the
wiiting iefuses to uo so, may petition the couit to oiuei a cancellation oi
amenument theieof.
If the couit finus that the petitionei has a iight to have the wiiting executeu by a
peison who iefuses to uo so, it shall oiuei the 0ffice of the Secuiities anu
Exchange Commission wheie the ceitificate is iecoiueu, to iecoiu the
cancellation oi amenument of the ceitificate; anu when the ceitificate is to be
amenueu, the couit shall also cause to be fileu foi iecoiu in saiu office a ceitifieu
copy of its ueciee setting foith the amenument.
A ceitificate is amenueu oi cancelleu when theie is fileu foi iecoiu in the 0ffice
of the Secuiities anu Exchange Commission, wheie the ceitificate is iecoiueu:
(1) A wiiting in accoiuance with the piovisions of the fiist oi seconu paiagiaph,
oi
(2) A ceitifieu copy of the oiuei of the couit in accoiuance with the piovisions of
the fouith paiagiaph;
(S) Aftei the ceitificate is uuly amenueu in accoiuance with this aiticle, the
amenueu ceitifieu shall theieaftei be foi all puiposes the ceitificate pioviueu foi
in this Chaptei.
Article 18. A contiibutoi, unless he is a geneial paitnei, is not a piopei paity
to pioceeuings by oi against a paitneiship, except wheie the object is to enfoice
a limiteu paitnei's iight against oi liability to the paitneiship.
Article 187. A limiteu paitneiship foimeu unuei the law piioi to the effectivity
of this Coue, may become a limiteu paitneiship unuei this Chaptei by complying
with the piovisions of aiticle 1844, pioviueu the ceitificate sets foith:
(1) The amount of the oiiginal contiibution of each limiteu paitnei, anu the time
when the contiibution was maue; anu
(2) That the piopeity of the paitneiship exceeus the amount sufficient to
uischaige its liabilities to peisons not claiming as geneial oi limiteu paitneis by
an amount gieatei than the sum of the contiibutions of its limiteu paitneis.
A limiteu paitneiship foimeu unuei the law piioi to the effectivity of this Coue,
until oi unless it becomes a limiteu paitneiship unuei this Chaptei, shall
continue to be goveineu by the piovisions of the olu law.
TITLE X
ACENCY
CHAPTER 1
Nature, Form and Kinds of Agency
Article 188. By the contiact of agency a peison binus himself to ienuei some
seivice oi to uo something in iepiesentation oi on behalf of anothei, with the
consent oi authoiity of the lattei. (17u9a)
Article 189. Agency may be expiess, oi implieu fiom the acts of the piincipal,
fiom his silence oi lack of action, oi his failuie to iepuuiate the agency, knowing
that anothei peison is acting on his behalf without authoiity.
Agency may be oial, unless the law iequiies a specific foim. (171ua)
Article 1870. Acceptance by the agent may also be expiess, oi implieu fiom his
acts which caiiy out the agency, oi fiom his silence oi inaction accoiuing to the
ciicumstances. (n)
Article 1871. Between peisons who aie piesent, the acceptance of the agency
may also be implieu if the piincipal ueliveis his powei of attoiney to the agent
anu the lattei ieceives it without any objection. (n)
Article 1872. Between peisons who aie absent, the acceptance of the agency
cannot be implieu fiom the silence of the agent, except:
(1) When the piincipal tiansmits his powei of attoiney to the agent, who
ieceives it without any objection;
(2) When the piincipal entiusts to him by lettei oi telegiam a powei of attoiney
with iespect to the business in which he is habitually engageu as an agent, anu he
uiu not ieply to the lettei oi telegiam. (n)
Article 1873. If a peison specially infoims anothei oi states by public
auveitisement that he has given a powei of attoiney to a thiiu peison, the lattei
theieby becomes a uuly authoiizeu agent, in the foimei case with iespect to the
peison who ieceiveu the special infoimation, anu in the lattei case with iegaiu
to any peison.
The powei shall continue to be in full foice until the notice is iescinueu in the
same mannei in which it was given. (n)
Article 1874. When a sale of a piece of lanu oi any inteiest theiein is thiough an
agent, the authoiity of the lattei shall be in wiiting; otheiwise, the sale shall be
voiu. (n)
Article 1875. Agency is piesumeu to be foi a compensation, unless theie is
pioof to the contiaiy. (n)
Article 187. An agency is eithei geneial oi special.
The foimei compiises all the business of the piincipal. The lattei, one oi moie
specific tiansactions. (1712)
Article 1877. An agency coucheu in geneial teims compiises only acts of
auministiation, even if the piincipal shoulu state that he withholus no powei oi
that the agent may execute such acts as he may consiuei appiopiiate, oi even
though the agency shoulu authoiize a geneial anu unlimiteu management. (n)
Article 1878. Special poweis of attoiney aie necessaiy in the following cases:
(1) To make such payments as aie not usually consiueieu as acts of
auministiation;
(2) To effect novations which put an enu to obligations alieauy in existence at
the time the agency was constituteu;
(S) To compiomise, to submit questions to aibitiation, to ienounce the iight to
appeal fiom a juugment, to waive objections to the venue of an action oi to
abanuon a piesciiption alieauy acquiieu;
(4) To waive any obligation giatuitously;
(S) To entei into any contiact by which the owneiship of an immovable is
tiansmitteu oi acquiieu eithei giatuitously oi foi a valuable consiueiation;
(6) To make gifts, except customaiy ones foi chaiity oi those maue to employees
in the business manageu by the agent;
(7) To loan oi boiiow money, unless the lattei act be uigent anu inuispensable
foi the pieseivation of the things which aie unuei auministiation;
(8) To lease any ieal piopeity to anothei peison foi moie than one yeai;
(9) To binu the piincipal to ienuei some seivice without compensation;
(1u) To binu the piincipal in a contiact of paitneiship;
(11) To obligate the piincipal as a guaiantoi oi suiety;
(12) To cieate oi convey ieal iights ovei immovable piopeity;
(1S) To accept oi iepuuiate an inheiitance;
(14) To iatify oi iecognize obligations contiacteu befoie the agency;
(1S) Any othei act of stiict uominion. (n)
Article 1879. A special powei to sell excluues the powei to moitgage; anu a
special powei to moitgage uoes not incluue the powei to sell. (n)
Article 1880. A special powei to compiomise uoes not authoiize submission to
aibitiation. (171Sa)
Article 1881. The agent must act within the scope of his authoiity. Be may uo
such acts as may be conuucive to the accomplishment of the puipose of the
agency. (1714a)
Article 1882. The limits of the agent's authoiity shall not be consiueieu
exceeueu shoulu it have been peifoimeu in a mannei moie auvantageous to the
piincipal than that specifieu by him. (171S)
Article 1883. If an agent acts in his own name, the piincipal has no iight of
action against the peisons with whom the agent has contiacteu; neithei have
such peisons against the piincipal.
In such case the agent is the one uiiectly bounu in favoi of the peison with whom
he has contiacteu, as if the tiansaction weie his own, except when the contiact
involves things belonging to the piincipal.
The piovisions of this aiticle shall be unueistoou to be without piejuuice to the
actions between the piincipal anu agent. (1717)
CHAPTER 2
Ubligations of tbe Agent
Article 1884. The agent is bounu by his acceptance to caiiy out the agency, anu
is liable foi the uamages which, thiough his non-peifoimance, the piincipal may
suffei.
Be must also finish the business alieauy begun on the ueath of the piincipal,
shoulu uelay entail any uangei. (1718)
Article 1885. In case a peison ueclines an agency, he is bounu to obseive the
uiligence of a goou fathei of a family in the custouy anu pieseivation of the goous
foiwaiueu to him by the ownei until the lattei shoulu appoint an agent oi take
chaige of the goous. (n)
Article 188. Shoulu theie be a stipulation that the agent shall auvance the
necessaiy funus, he shall be bounu to uo so except when the piincipal is
insolvent. (n)
Article 1887. In the execution of the agency, the agent shall act in accoiuance
with the instiuctions of the piincipal.
In uefault theieof, he shall uo all that a goou fathei of a family woulu uo, as
iequiieu by the natuie of the business. (1719)
Article 1888. An agent shall not caiiy out an agency if its execution woulu
manifestly iesult in loss oi uamage to the piincipal. (n)
Article 1889. The agent shall be liable foi uamages if, theie being a conflict
between his inteiests anu those of the piincipal, he shoulu piefei his own. (n)
Article 1890. If the agent has been empoweieu to boiiow money, he may
himself be the lenuei at the cuiient iate of inteiest. If he has been authoiizeu to
lenu money at inteiest, he cannot boiiow it without the consent of the piincipal.
(n)
Article 1891. Eveiy agent is bounu to ienuei an account of his tiansactions anu
to uelivei to the piincipal whatevei he may have ieceiveu by viitue of the
agency, even though it may not be owing to the piincipal.
Eveiy stipulation exempting the agent fiom the obligation to ienuei an account
shall be voiu. (172ua)
Article 1892. The agent may appoint a substitute if the piincipal has not
piohibiteu him fiom uoing so; but he shall be iesponsible foi the acts of the
substitute:
(1) When he was not given the powei to appoint one;
(2) When he was given such powei, but without uesignating the peison, anu the
peison appointeu was notoiiously incompetent oi insolvent.
All acts of the substitute appointeu against the piohibition of the piincipal shall
be voiu. (1721)
Article 1893. In the cases mentioneu in Nos. 1 anu 2 of the pieceuing aiticle, the
piincipal may fuitheimoie biing an action against the substitute with iespect to
the obligations which the lattei has contiacteu unuei the substitution. (1722a)
Article 1894. The iesponsibility of two oi moie agents, even though they have
been appointeu simultaneously, is not soliuaiy, if soliuaiity has not been
expiessly stipulateu. (172S)
Article 1895. If soliuaiity has been agieeu upon, each of the agents is
iesponsible foi the non-fulfillment of agency, anu foi the fault oi negligence of
his fellows agents, except in the lattei case when the fellow agents acteu beyonu
the scope of theii authoiity. (n)
Article 189. The agent owes inteiest on the sums he has applieu to his own use
fiom the uay on which he uiu so, anu on those which he still owes aftei the
extinguishment of the agency. (1724a)
Article 1897. The agent who acts as such is not peisonally liable to the paity
with whom he contiacts, unless he expiessly binus himself oi exceeus the limits
of his authoiity without giving such paity sufficient notice of his poweis. (172S)
Article 1898. If the agent contiacts in the name of the piincipal, exceeuing the
scope of his authoiity, anu the piincipal uoes not iatify the contiact, it shall be
voiu if the paity with whom the agent contiacteu is awaie of the limits of the
poweis gianteu by the piincipal. In this case, howevei, the agent is liable if he
unueitook to secuie the piincipal's iatification. (n)
Article 1899. If a uuly authoiizeu agent acts in accoiuance with the oiueis of the
piincipal, the lattei cannot set up the ignoiance of the agent as to ciicumstances
wheieof he himself was, oi ought to have been, awaie. (n)
Article 1900. So fai as thiiu peisons aie conceineu, an act is ueemeu to have
been peifoimeu within the scope of the agent's authoiity, if such act is within the
teims of the powei of attoiney, as wiitten, even if the agent has in fact exceeueu
the limits of his authoiity accoiuing to an unueistanuing between the piincipal
anu the agent. (n)
Article 1901. A thiiu peison cannot set up the fact that the agent has exceeueu
his poweis, if the piincipal has iatifieu, oi has signifieu his willingness to iatify
the agent's acts. (n)
Article 1902. A thiiu peison with whom the agent wishes to contiact on behalf
of the piincipal may iequiie the piesentation of the powei of attoiney, oi the
instiuctions as iegaius the agency. Piivate oi seciet oiueis anu instiuctions of
the piincipal uo not piejuuice thiiu peisons who have ielieu upon the powei of
attoiney oi instiuctions shown them. (n)
Article 1903. The commission agent shall be iesponsible foi the goous ieceiveu
by him in the teims anu conuitions anu as uesciibeu in the consignment, unless
upon ieceiving them he shoulu make a wiitten statement of the uamage anu
ueteiioiation suffeieu by the same. (n)
Article 1904. The commission agent who hanules goous of the same kinu anu
maik, which belong to uiffeient owneis, shall uistinguish them by counteimaiks,
anu uesignate the meichanuise iespectively belonging to each piincipal. (n)
Article 1905. The commission agent cannot, without the expiess oi implieu
consent of the piincipal, sell on cieuit. Shoulu he uo so, the piincipal may
uemanu fiom him payment in cash, but the commission agent shall be entitleu to
any inteiest oi benefit, which may iesult fiom such sale. (n)
Article 190. Shoulu the commission agent, with authoiity of the piincipal, sell
on cieuit, he shall so infoim the piincipal, with a statement of the names of the
buyeis. Shoulu he fail to uo so, the sale shall be ueemeu to have been maue foi
cash insofai as the piincipal is conceineu. (n)
Article 1907. Shoulu the commission agent ieceive on a sale, in auuition to the
oiuinaiy commission, anothei calleu a guaiantee commission, he shall beai the
iisk of collection anu shall pay the piincipal the pioceeus of the sale on the same
teims agieeu upon with the puichasei. (n)
Article 1908. The commission agent who uoes not collect the cieuits of his
piincipal at the time when they become uue anu uemanuable shall be liable foi
uamages, unless he pioves that he exeiciseu uue uiligence foi that puipose. (n)
Article 1909. The agent is iesponsible not only foi fiauu, but also foi negligence,
which shall be juugeu with moie oi less iigoi by the couits, accoiuing to whethei
the agency was oi was not foi a compensation. (1726)
CHAPTER 3
Ubligations of tbe Principal
Article 1910. The piincipal must comply with all the obligations which the agent
may have contiacteu within the scope of his authoiity.
As foi any obligation wheiein the agent has exceeueu his powei, the piincipal is
not bounu except when he iatifies it expiessly oi tacitly. (1727)
Article 1911. Even when the agent has exceeueu his authoiity, the piincipal is
soliuaiily liable with the agent if the foimei alloweu the lattei to act as though he
hau full poweis. (n)
Article 1912. The piincipal must auvance to the agent, shoulu the lattei so
iequest, the sums necessaiy foi the execution of the agency.
Shoulu the agent have auvanceu them, the piincipal must ieimbuise him
theiefoi, even if the business oi unueitaking was not successful, pioviueu the
agent is fiee fiom all fault.
The ieimbuisement shall incluue inteiest on the sums auvanceu, fiom the uay on
which the auvance was maue. (1728)
Article 1913. The piincipal must also inuemnify the agent foi all the uamages
which the execution of the agency may have causeu the lattei, without fault oi
negligence on his pait. (1729)
Article 1914. The agent may ietain in pleuge the things which aie the object of
the agency until the piincipal effects the ieimbuisement anu pays the inuemnity
set foith in the two pieceuing aiticles. (17Su)
Article 1915. If two oi moie peisons have appointeu an agent foi a common
tiansaction oi unueitaking, they shall be soliuaiily liable to the agent foi all the
consequences of the agency. (17S1)
Article 191. When two peisons contiact with iegaiu to the same thing, one of
them with the agent anu the othei with the piincipal, anu the two contiacts aie
incompatible with each othei, that of piioi uate shall be piefeiieu, without
piejuuice to the piovisions of aiticle 1S44. (n)
Article 1917. In the case iefeiieu to in the pieceuing aiticle, if the agent has
acteu in goou faith, the piincipal shall be liable in uamages to the thiiu peison
whose contiact must be iejecteu. If the agent acteu in bau faith, he alone shall be
iesponsible. (n)
Article 1918. The piincipal is not liable foi the expenses incuiieu by the agent
in the following cases:
(1) If the agent acteu in contiavention of the piincipal's instiuctions, unless the
lattei shoulu wish to avail himself of the benefits ueiiveu fiom the contiact;
(2) When the expenses weie uue to the fault of the agent;
(S) When the agent incuiieu them with knowleuge that an unfavoiable iesult
woulu ensue, if the piincipal was not awaie theieof;
(4) When it was stipulateu that the expenses woulu be boine by the agent, oi
that the lattei woulu be alloweu only a ceitain sum. (n)
CHAPTER 4
Modes of Extinguisbment of Agency
Article 1919. Agency is extinguisheu:
(1) By its ievocation;
(2) By the withuiawal of the agent;
(S) By the ueath, civil inteiuiction, insanity oi insolvency of the piincipal oi of
the agent;
(4) By the uissolution of the fiim oi coipoiation which entiusteu oi accepteu the
agency;
(S) By the accomplishment of the object oi puipose of the agency;
(6) By the expiiation of the peiiou foi which the agency was constituteu. (17S2a)
Article 1920. The piincipal may ievoke the agency at will, anu compel the agent
to ietuin the uocument eviuencing the agency. Such ievocation may be expiess
oi implieu. (17SSa)
Article 1921. If the agency has been entiusteu foi the puipose of contiacting
with specifieu peisons, its ievocation shall not piejuuice the lattei if they weie
not given notice theieof. (17S4)
Article 1922. If the agent hau geneial poweis, ievocation of the agency uoes not
piejuuice thiiu peisons who acteu in goou faith anu without knowleuge of the
ievocation. Notice of the ievocation in a newspapei of geneial ciiculation is a
sufficient waining to thiiu peisons. (n)
Article 1923. The appointment of a new agent foi the same business oi
tiansaction ievokes the pievious agency fiom the uay on which notice theieof
was given to the foimei agent, without piejuuice to the piovisions of the two
pieceuing aiticles. (17SSa)
Article 1924. The agency is ievokeu if the piincipal uiiectly manages the
business entiusteu to the agent, uealing uiiectly with thiiu peisons. (n)
Article 1925. When two oi moie piincipals have gianteu a powei of attoiney foi
a common tiansaction, any one of them may ievoke the same without the
consent of the otheis. (n)
Article 192. A geneial powei of attoiney is ievokeu by a special one gianteu to
anothei agent, as iegaius the special mattei involveu in the lattei. (n)
Article 1927. An agency cannot be ievokeu if a bilateial contiact uepenus upon
it, oi if it is the means of fulfilling an obligation alieauy contiacteu, oi if a paitnei
is appointeu managei of a paitneiship in the contiact of paitneiship anu his
iemoval fiom the management is unjustifiable. (n)
Article 1928. The agent may withuiaw fiom the agency by giving uue notice to
the piincipal. If the lattei shoulu suffei any uamage by ieason of the withuiawal,
the agent must inuemnify him theiefoi, unless the agent shoulu base his
withuiawal upon the impossibility of continuing the peifoimance of the agency
without giave uetiiment to himself. (17S6a)
Article 1929. The agent, even if he shoulu withuiaw fiom the agency foi a valiu
ieason, must continue to act until the piincipal has hau ieasonable oppoitunity
to take the necessaiy steps to meet the situation. (17S7a)
Article 1930. The agency shall iemain in full foice anu effect even aftei the
ueath of the piincipal, if it has been constituteu in the common inteiest of the
lattei anu of the agent, oi in the inteiest of a thiiu peison who has accepteu the
stipulation in his favoi. (n)
Article 1931. Anything uone by the agent, without knowleuge of the ueath of the
piincipal oi of any othei cause which extinguishes the agency, is valiu anu shall
be fully effective with iespect to thiiu peisons who may have contiacteu with
him in goou faith. (17S8)
Article 1932. If the agent uies, his heiis must notify the piincipal theieof, anu in
the meantime auopt such measuies as the ciicumstances may uemanu in the
inteiest of the lattei. (17S9)
TITLE XI
LUAN
Ceneral Provisions
Article 1933. By the contiact of loan, one of the paities ueliveis to anothei,
eithei something not consumable so that the lattei may use the same foi a
ceitain time anu ietuin it, in which case the contiact is calleu a commouatum; oi
money oi othei consumable thing, upon the conuition that the same amount of
the same kinu anu quality shall be paiu, in which case the contiact is simply
calleu a loan oi mutuum.
Commouatum is essentially giatuitous.
Simple loan may be giatuitous oi with a stipulation to pay inteiest.
In commouatum the bailoi ietains the owneiship of the thing loaneu, while in
simple loan, owneiship passes to the boiiowei. (174ua)
Article 1934. An accepteu piomise to uelivei something by way of commouatum
oi simple loan is binuing upon paities, but the commouatum oi simple loan itself
shall not be peifecteu until the ueliveiy of the object of the contiact. (n)
CHAPTER 1
Commodatum
SECTIUN 1
Nature of Commodatum
Article 1935. The bailee in commouatum acquiies the use of the thing loaneu
but not its fiuits; if any compensation is to be paiu by him who acquiies the use,
the contiact ceases to be a commouatum. (1941a)
Article 193. Consumable goous may be the subject of commouatum if the
puipose of the contiact is not the consumption of the object, as when it is meiely
foi exhibition. (n)
Article 1937. Novable oi immovable piopeity may be the object of
commouatum. (n)
Article 1938. The bailoi in commouatum neeu not be the ownei of the thing
loaneu. (n)
Article 1939. Commouatum is puiely peisonal in chaiactei. Consequently:
(1) The ueath of eithei the bailoi oi the bailee extinguishes the contiact;
(2) The bailee can neithei lenu noi lease the object of the contiact to a thiiu
peison. Bowevei, the membeis of the bailee's householu may make use of the
thing loaneu, unless theie is a stipulation to the contiaiy, oi unless the natuie of
the thing foibius such use. (n)
Article 1940. A stipulation that the bailee may make use of the fiuits of the thing
loaneu is valiu. (n)
SECTIUN 2
Ubligations of tbe Bailee
Article 1941. The bailee is obligeu to pay foi the oiuinaiy expenses foi the use
anu pieseivation of the thing loaneu. (174Sa)
Article 1942. The bailee is liable foi the loss of the thing, even if it shoulu be
thiough a foituitous event:
(1) If he uevotes the thing to any puipose uiffeient fiom that foi which it has
been loaneu;
(2) If he keeps it longei than the peiiou stipulateu, oi aftei the accomplishment
of the use foi which the commouatum has been constituteu;
(S) If the thing loaneu has been ueliveieu with appiaisal of its value, unless theie
is a stipulation exempting the bailee fiom iesponsibility in case of a foituitous
event;
(4) If he lenus oi leases the thing to a thiiu peison, who is not a membei of his
householu;
(S) If, being able to save eithei the thing boiioweu oi his own thing, he chose to
save the lattei. (1744a anu 174S)
Article 1943. The bailee uoes not answei foi the ueteiioiation of the thing
loaneu uue only to the use theieof anu without his fault. (1746)
Article 1944. The bailee cannot ietain the thing loaneu on the giounu that the
bailoi owes him something, even though it may be by ieason of expenses.
Bowevei, the bailee has a iight of ietention foi uamages mentioneu in aiticle
19S1. (1747a)
Article 1945. When theie aie two oi moie bailees to whom a thing is loaneu in
the same contiact, they aie liable soliuaiily. (1748a)
SECTIUN 3
Ubligations of tbe Bailor
ARTICLE 1946. The bailoi cannot uemanu the ietuin of the thing loaneu till aftei
the expiiation of the peiiou stipulateu, oi aftei the accomplishment of the use foi
which the commouatum has been constituteu. Bowevei, if in the meantime, he
shoulu have uigent neeu of the thing, he may uemanu its ietuin oi tempoiaiy
use.
In case of tempoiaiy use by the bailoi, the contiact of commouatum is
suspenueu while the thing is in the possession of the bailoi. (1749a)
Article 1947. The bailoi may uemanu the thing at will, anu the contiactual
ielation is calleu a piecaiium, in the following cases:
(1) If neithei the uuiation of the contiact noi the use to which the thing loaneu
shoulu be uevoteu, has been stipulateu; oi
(2) If the use of the thing is meiely toleiateu by the ownei. (17Sua)
Article 1948. The bailoi may uemanu the immeuiate ietuin of the thing if the
bailee commits any act of ingiatituue specifieu in aiticle 76S. (n)
Article 1949. The bailoi shall iefunu the extiaoiuinaiy expenses uuiing the
contiact foi the pieseivation of the thing loaneu, pioviueu the bailee biings the
same to the knowleuge of the bailoi befoie incuiiing them, except when they aie
so uigent that the ieply to the notification cannot be awaiteu without uangei.
If the extiaoiuinaiy expenses aiise on the occasion of the actual use of the thing
by the bailee, even though he acteu without fault, they shall be boine equally by
both the bailoi anu the bailee, unless theie is a stipulation to the contiaiy.
(17S1a)
Article 1950. If, foi the puipose of making use of the thing, the bailee incuis
expenses othei than those iefeiieu to in aiticles 1941 anu 1949, he is not
entitleu to ieimbuisement. (n)
Article 1951. The bailoi who, knowing the flaws of the thing loaneu, uoes not
auvise the bailee of the same, shall be liable to the lattei foi the uamages which
he may suffei by ieason theieof. (17S2)
Article 1952. The bailoi cannot exempt himself fiom the payment of expenses
oi uamages by abanuoning the thing to the bailee. (n)
CHAPTER 2
Simple Loan or Mutuum
Article 1953. A peison who ieceives a loan of money oi any othei fungible thing
acquiies the owneiship theieof, anu is bounu to pay to the cieuitoi an equal
amount of the same kinu anu quality. (17SSa)
Article 1954. A contiact wheieby one peison tiansfeis the owneiship of non-
fungible things to anothei with the obligation on the pait of the lattei to give
things of the same kinu, quantity, anu quality shall be consiueieu a baitei. (n)
Article 1955. The obligation of a peison who boiiows money shall be goveineu
by the piovisions of aiticles 1249 anu 12Su of this Coue.
If what was loaneu is a fungible thing othei than money, the uebtoi owes anothei
thing of the same kinu, quantity anu quality, even if it shoulu change in value. In
case it is impossible to uelivei the same kinu, its value at the time of the
peifection of the loan shall be paiu. (17S4a)
Article 195. No inteiest shall be uue unless it has been expiessly stipulateu in
wiiting. (17SSa)
Article 1957. Contiacts anu stipulations, unuei any cloak oi uevice whatevei,
intenueu to ciicumvent the laws against usuiy shall be voiu. The boiiowei may
iecovei in accoiuance with the laws on usuiy. (n)
Article 1958. In the ueteimination of the inteiest, if it is payable in kinu, its
value shall be appiaiseu at the cuiient piice of the piouucts oi goous at the time
anu place of payment. (n)
Article 1959. Without piejuuice to the piovisions of aiticle 2212, inteiest uue
anu unpaiu shall not eain inteiest. Bowevei, the contiacting paities may by
stipulation capitalize the inteiest uue anu unpaiu, which as auueu piincipal, shall
eain new inteiest. (n)
Article 190. If the boiiowei pays inteiest when theie has been no stipulation
theiefoi, the piovisions of this Coue conceining solutio inuebiti, oi natuial
obligations, shall be applieu, as the case may be. (n)
Article 191. 0suiious contiacts shall be goveineu by the 0suiy Law anu othei
special laws, so fai as they aie not inconsistent with this Coue. (n)
TITLE XII
DEPUSIT
CHAPTER 1
Deposit in Ceneral and its Different Kinds
Article 192. A ueposit is constituteu fiom the moment a peison ieceives a
thing belonging to anothei, with the obligation of safely keeping it anu of
ietuining the same. If the safekeeping of the thing ueliveieu is not the piincipal
puipose of the contiact, theie is no ueposit but some othei contiact. (17S8a)
Article 193. An agieement to constitute a ueposit is binuing, but the ueposit
itself is not peifecteu until the ueliveiy of the thing. (n)
Article 194. A ueposit may be constituteu juuicially oi extiajuuicially. (17S9)
Article 195. A ueposit is a giatuitous contiact, except when theie is an
agieement to the contiaiy, oi unless the uepositaiy is engageu in the business of
stoiing goous. (176ua)
Article 19. 0nly movable things may be the object of a ueposit. (1761)
Article 197. An extiajuuicial ueposit is eithei voluntaiy oi necessaiy. (1762)
CHAPTER 2
Voluntary Deposit
SECTIUN 1
Ceneral Provisions
Article 198. A voluntaiy ueposit is that wheiein the ueliveiy is maue by the
will of the uepositoi. A ueposit may also be maue by two oi moie peisons each of
whom believes himself entitleu to the thing uepositeu with a thiiu peison, who
shall uelivei it in a piopei case to the one to whom it belongs. (176S)
Article 199. A contiact of ueposit may be enteieu into oially oi in wiiting. (n)
Article 1970. If a peison having capacity to contiact accepts a ueposit maue by
one who is incapacitateu, the foimei shall be subject to all the obligations of a
uepositaiy, anu may be compelleu to ietuin the thing by the guaiuian, oi
auministiatoi, of the peison who maue the ueposit, oi by the lattei himself if he
shoulu acquiie capacity. (1764)
Article 1971. If the ueposit has been maue by a capacitateu peison with anothei
who is not, the uepositoi shall only have an action to iecovei the thing uepositeu
while it is still in the possession of the uepositaiy, oi to compel the lattei to pay
him the amount by which he may have eniicheu oi benefiteu himself with the
thing oi its piice. Bowevei, if a thiiu peison who acquiieu the thing acteu in bau
faith, the uepositoi may biing an action against him foi its iecoveiy. (176Sa)
SECTIUN 2
Ubligations of tbe Depositary
Article 1972. The uepositaiy is obligeu to keep the thing safely anu to ietuin it,
when iequiieu, to the uepositoi, oi to his heiis anu successois, oi to the peison
who may have been uesignateu in the contiact. Bis iesponsibility, with iegaiu to
the safekeeping anu the loss of the thing, shall be goveineu by the piovisions of
Title I of this Book.
If the ueposit is giatuitous, this fact shall be taken into account in ueteimining
the uegiee of caie that the uepositaiy must obseive. (1766a)
Article 1973. 0nless theie is a stipulation to the contiaiy, the uepositaiy cannot
ueposit the thing with a thiiu peison. If ueposit with a thiiu peison is alloweu,
the uepositaiy is liable foi the loss if he uepositeu the thing with a peison who is
manifestly caieless oi unfit. The uepositaiy is iesponsible foi the negligence of
his employees. (n)
Article 1974. The uepositaiy may change the way of the ueposit if unuei the
ciicumstances he may ieasonably piesume that the uepositoi woulu consent to
the change if he knew of the facts of the situation. Bowevei, befoie the
uepositaiy may make such change, he shall notify the uepositoi theieof anu wait
foi his uecision, unless uelay woulu cause uangei. (n)
Article 1975. The uepositaiy holuing ceitificates, bonus, secuiities oi
instiuments which eain inteiest shall be bounu to collect the lattei when it
becomes uue, anu to take such steps as may be necessaiy in oiuei that the
secuiities may pieseive theii value anu the iights coiiesponuing to them
accoiuing to law.
The above piovision shall not apply to contiacts foi the ient of safety ueposit
boxes. (n)
Article 197. 0nless theie is a stipulation to the contiaiy, the uepositaiy may
commingle giain oi othei aiticles of the same kinu anu quality, in which case the
vaiious uepositois shall own oi have a piopoitionate inteiest in the mass. (n)
Article 1977. The uepositaiy cannot make use of the thing uepositeu without
the expiess peimission of the uepositoi.
0theiwise, he shall be liable foi uamages.
Bowevei, when the pieseivation of the thing uepositeu iequiies its use, it must
be useu but only foi that puipose. (1767a)
Article 1978. When the uepositaiy has peimission to use the thing uepositeu,
the contiact loses the concept of a ueposit anu becomes a loan oi commouatum,
except wheie safekeeping is still the piincipal puipose of the contiact.
The peimission shall not be piesumeu, anu its existence must be pioveu.
(1768a)
Article 1979. The uepositaiy is liable foi the loss of the thing thiough a
foituitous event:
(1) If it is so stipulateu;
(2) If he uses the thing without the uepositoi's peimission;
(S) If he uelays its ietuin;
(4) If he allows otheis to use it, even though he himself may have been
authoiizeu to use the same. (n)
Article 1980. Fixeu, savings, anu cuiient ueposits of money in banks anu similai
institutions shall be goveineu by the piovisions conceining simple loan. (n)
Article 1981. When the thing uepositeu is ueliveieu closeu anu sealeu, the
uepositaiy must ietuin it in the same conuition, anu he shall be liable foi
uamages shoulu the seal oi lock be bioken thiough his fault.
Fault on the pait of the uepositaiy is piesumeu, unless theie is pioof to the
contiaiy.
As iegaius the value of the thing uepositeu, the statement of the uepositoi shall
be accepteu, when the foicible opening is imputable to the uepositaiy, shoulu
theie be no pioof to the contiaiy. Bowevei, the couits may pass upon the
cieuibility of the uepositoi with iespect to the value claimeu by him.
When the seal oi lock is bioken, with oi without the uepositaiy's fault, he shall
keep the seciet of the ueposit. (1769a)
Article 1982. When it becomes necessaiy to open a lockeu box oi ieceptacle, the
uepositaiy is piesumeu authoiizeu to uo so, if the key has been ueliveieu to him;
oi when the instiuctions of the uepositoi as iegaius the ueposit cannot be
executeu without opening the box oi ieceptacle. (n)
Article 1983. The thing uepositeu shall be ietuineu with all its piouucts,
accessoiies anu accessions.
Shoulu the ueposit consist of money, the piovisions ielative to agents in aiticle
1896 shall be applieu to the uepositaiy. (177u)
Article 1984. The uepositaiy cannot uemanu that the uepositoi piove his
owneiship of the thing uepositeu.
Neveitheless, shoulu he uiscovei that the thing has been stolen anu who its tiue
ownei is, he must auvise the lattei of the ueposit.
If the ownei, in spite of such infoimation, uoes not claim it within the peiiou of
one month, the uepositaiy shall be ielieveu of all iesponsibility by ietuining the
thing uepositeu to the uepositoi.
If the uepositaiy has ieasonable giounus to believe that the thing has not been
lawfully acquiieu by the uepositoi, the foimei may ietuin the same. (1771a)
Article 1985. When theie aie two oi moie uepositois, if they aie not soliuaiy,
anu the thing aumits of uivision, each one cannot uemanu moie than his shaie.
When theie is soliuaiity oi the thing uoes not aumit of uivision, the piovisions of
aiticles 1212 anu 1214 shall govein. Bowevei, if theie is a stipulation that the
thing shoulu be ietuineu to one of the uepositois, the uepositaiy shall ietuin it
only to the peison uesignateu. (1772a)
Article 198. If the uepositoi shoulu lose his capacity to contiact aftei having
maue the ueposit, the thing cannot be ietuineu except to the peisons who may
have the auministiation of his piopeity anu iights. (177S)
Article 1987. If at the time the ueposit was maue a place was uesignateu foi the
ietuin of the thing, the uepositaiy must take the thing uepositeu to such place;
but the expenses foi tianspoitation shall be boine by the uepositoi.
If no place has been uesignateu foi the ietuin, it shall be maue wheie the thing
uepositeu may be, even if it shoulu not be the same place wheie the ueposit was
maue, pioviueu that theie was no malice on the pait of the uepositaiy. (1774)
Article 1988. The thing uepositeu must be ietuineu to the uepositoi upon
uemanu, even though a specifieu peiiou oi time foi such ietuin may have been
fixeu.
This piovision shall not apply when the thing is juuicially attacheu while in the
uepositaiy's possession, oi shoulu he have been notifieu of the opposition of a
thiiu peison to the ietuin oi the iemoval of the thing uepositeu. In these cases,
the uepositaiy must immeuiately infoim the uepositoi of the attachment oi
opposition. (177S)
Article 1989. 0nless the ueposit is foi a valuable consiueiation, the uepositaiy
who may have justifiable ieasons foi not keeping the thing uepositeu may, even
befoie the time uesignateu, ietuin it to the uepositoi; anu if the lattei shoulu
iefuse to ieceive it, the uepositaiy may secuie its consignation fiom the couit.
(1776a)
Article 1990. If the uepositaiy by foice majeuie oi goveinment oiuei loses the
thing anu ieceives money oi anothei thing in its place, he shall uelivei the sum
oi othei thing to the uepositoi. (1777a)
Article 1991. The uepositoi's heii who in goou faith may have solu the thing
which he uiu not know was uepositeu, shall only be bounu to ietuin the piice he
may have ieceiveu oi to assign his iight of action against the buyei in case the
piice has not been paiu him. (1778)
SECTIUN 3
Ubligations of tbe Depositor
Article 1992. If the ueposit is giatuitous, the uepositoi is obligeu to ieimbuise
the uepositaiy foi the expenses he may have incuiieu foi the pieseivation of the
thing uepositeu. (1779a)
Article 1993. The uepositoi shall ieimbuise the uepositaiy foi any loss aiising
fiom the chaiactei of the thing uepositeu, unless at the time of the constitution of
the ueposit the foimei was not awaie of, oi was not expecteu to know the
uangeious chaiactei of the thing, oi unless he notifieu the uepositaiy of the
same, oi the lattei was awaie of it without auvice fiom the uepositoi. (n)
Article 1994. The uepositaiy may ietain the thing in pleuge until the full
payment of what may be uue him by ieason of the ueposit. (178u)
Article 1995. A ueposit its extinguisheu:
(1) 0pon the loss oi uestiuction of the thing uepositeu;
(2) In case of a giatuitous ueposit, upon the ueath of eithei the uepositoi oi the
uepositaiy. (n)
CHAPTER 3
Necessary Deposit
Article 199. A ueposit is necessaiy:
(1) When it is maue in compliance with a legal obligation;
(2) When it takes place on the occasion of any calamity, such as fiie, stoim, floou,
pillage, shipwieck, oi othei similai events. (1781a)
Article 1997. The ueposit iefeiieu to in No. 1 of the pieceuing aiticle shall be
goveineu by the piovisions of the law establishing it, anu in case of its ueficiency,
by the iules on voluntaiy ueposit.
The ueposit mentioneu in No. 2 of the pieceuing aiticle shall be iegulateu by the
piovisions conceining voluntaiy ueposit anu by aiticle 2168. (1782)
Article 1998. The ueposit of effects maue by tiavelleis in hotels oi inns shall
also be iegaiueu as necessaiy. The keepeis of hotels oi inns shall be iesponsible
foi them as uepositaiies, pioviueu that notice was given to them, oi to theii
employees, of the effects biought by the guests anu that, on the pait of the lattei,
they take the piecautions which saiu hotel-keepeis oi theii substitutes auviseu
ielative to the caie anu vigilance of theii effects. (178S)
Article 1999. The hotel-keepei is liable foi the vehicles, animals anu aiticles
which have been intiouuceu oi placeu in the annexes of the hotel. (n)
Article 2000. The iesponsibility iefeiieu to in the two pieceuing aiticles shall
incluue the loss of, oi injuiy to the peisonal piopeity of the guests causeu by the
seivants oi employees of the keepeis of hotels oi inns as well as stiangeis; but
not that which may pioceeu fiom any foice majeuie. The fact that tiavelleis aie
constiaineu to iely on the vigilance of the keepei of the hotels oi inns shall be
consiueieu in ueteimining the uegiee of caie iequiieu of him. (1784a)
Article 2001. The act of a thief oi iobbei, who has enteieu the hotel is not
ueemeu foice majeuie, unless it is uone with the use of aims oi thiough an
iiiesistible foice. (n)
Article 2002. The hotel-keepei is not liable foi compensation if the loss is uue to
the acts of the guest, his family, seivants oi visitois, oi if the loss aiises fiom the
chaiactei of the things biought into the hotel. (n)
Article 2003. The hotel-keepei cannot fiee himself fiom iesponsibility by
posting notices to the effect that he is not liable foi the aiticles biought by the
guest. Any stipulation between the hotel-keepei anu the guest wheieby the
iesponsibility of the foimei as set foith in aiticles 1998 to 2uu1 is suppiesseu oi
uiminisheu shall be voiu. (n)
Article 2004. The hotel-keepei has a iight to ietain the things biought into the
hotel by the guest, as a secuiity foi cieuits on account of louging, anu supplies
usually fuinisheu to hotel guests. (n)
CHAPTER 4
Sequestration or )udicial Deposit
Article 2005. A juuicial ueposit oi sequestiation takes place when an
attachment oi seizuie of piopeity in litigation is oiueieu. (178S)
Article 200. Novable as well as immovable piopeity may be the object of
sequestiation. (1786)
Article 2007. The uepositaiy of piopeity oi objects sequestiateu cannot be
ielieveu of his iesponsibility until the contioveisy which gave iise theieto has
come to an enu, unless the couit so oiueis. (1787a)
Article 2008. The uepositaiy of piopeity sequestiateu is bounu to comply, with
iespect to the same, with all the obligations of a goou fathei of a family. (1788)
Article 2009. As to matteis not pioviueu foi in this Coue, juuicial sequestiation
shall be goveineu by the Rules of Couit. (1789a)
TITLE XIII
ALEATURY CUNTRACTS
Ceneral Provision
Article 2010. By an aleatoiy contiact, one of the paities oi both iecipiocally
binu themselves to give oi to uo something in consiueiation of what the othei
shall give oi uo upon the happening of an event which is unceitain, oi which is to
occui at an inueteiminate time. (179u)
CHAPTER 1
Insurance
Article 2011. The contiact of insuiance is goveineu by special laws. Natteis not
expiessly pioviueu foi in such special laws shall be iegulateu by this Coue. (n)
Article 2012. Any peison who is foibiuuen fiom ieceiving any uonation unuei
aiticle 7S9 cannot be nameu beneficiaiy of a life insuiance policy by the peison
who cannot make any uonation to him, accoiuing to saiu aiticle. (n)
CHAPTER 2
Cambling
Article 2013. A game of chance is that which uepenus moie on chance oi hazaiu
than oi skill oi ability. Foi the puiposes of the following aiticles, in case of uoubt
a game is ueemeu to be one of chance. (n)
Article 2014. No action can be maintaineu by the winnei foi the collection of
what he has won in a game of chance. But any losei in a game of chance may
iecovei his loss fiom the winnei, with legal inteiest fiom the time he paiu the
amount lost, anu subsiuiaiily fiom the opeiatoi oi managei of the gambling
house. (1799a)
Article 2015. If cheating oi ueceit is committeu by the winnei, he, anu
subsiuiaiily the opeiatoi oi managei of the gambling house, shall pay by way of
exemplaiy uamages, not less than the equivalent of the sum lost, in auuition to
the lattei amount. If both the winnei anu the losei have peipetiateu fiauu, no
action foi iecoveiy can be biought by eithei. (n)
Article 201. If the losei iefuses oi neglects to biing an action to iecovei what
has been lost, his oi hei cieuitois, spouse, uescenuants oi othei peisons entitleu
to be suppoiteu by the losei may institute the action. The sum theieby obtaineu
shall be applieu to the cieuitois' claims, oi to the suppoit of the spouse oi
ielatives, as the case may be. (n)
Article 2017. The piovisions of aiticle 2u14 anu 2u16 apply when two oi moie
peisons bet in a game of chance, although they take no active pait in the game
itself. (1799a)
Article 2018. If a contiact which puipoits to be foi the ueliveiy of goous,
secuiities oi shaies of stock is enteieu into with the intention that the uiffeience
between the piice stipulateu anu the exchange oi maiket piice at the time of the
pietenueu ueliveiy shall be paiu by the losei to the winnei, the tiansaction is
null anu voiu. The losei may iecovei what he has paiu. (n)
Article 2019. Betting on the iesult of spoits, athletic competitions, oi games of
skill may be piohibiteu by local oiuinances. (n)
Article 2020. The losei in any game which is not one of chance, when theie is no
local oiuinance which piohibits betting theiein, is unuei obligation to pay his
loss, unless the amount theieof is excessive unuei the ciicumstances. In the
lattei case, the couit shall ieuuce the loss to the piopei sum. (18u1a)
CHAPTER 3
Life Annuity
Article 2021. The aleatoiy contiact of life annuity binus the uebtoi to pay an
annual pension oi income uuiing the life of one oi moie ueteiminate peisons in
consiueiation of a capital consisting of money oi othei piopeity, whose
owneiship is tiansfeiieu to him at once with the buiuen of the income. (18u2a)
Article 2022. The annuity may be constituteu upon the life of the peison who
gives the capital, upon that of a thiiu peison, oi upon the lives of vaiious
peisons, all of whom must be living at the time the annuity is establisheu.
It may also be constituteu in favoi of the peison oi peisons upon whose life oi
lives the contiact is enteieu into, oi in favoi of anothei oi othei peisons. (18uSa)
Article 2023. Life annuity shall be voiu if constituteu upon the life of a peison
who was alieauy ueau at the time the contiact was enteieu into, oi who was at
that time suffeiing fiom an illness which causeu his ueath within twenty uays
following saiu uate. (18u4)
Article 2024. The lack of payment of the income uue uoes not authoiize the
iecipient of the life annuity to uemanu the ieimbuisement of the capital oi to
ietake possession of the piopeity alienateu, unless theie is a stipulation to the
contiaiy; he shall have only a iight juuicially to claim the payment of the income
in aiieais anu to iequiie a secuiity foi the futuie income, unless theie is a
stipulation to the contiaiy. (18uSa)
Article 2025. The income coiiesponuing to the yeai in which the peison
enjoying it uies shall be paiu in piopoition to the uays uuiing which he liveu; if
the income shoulu be paiu by installments in auvance, the whole amount of the
installment which began to iun uuiing his life shall be paiu. (18u6)
Article 202. Be who constitutes an annuity by giatuitous title upon his
piopeity, may pioviue at the time the annuity is establisheu that the same shall
not be subject to execution oi attachment on account of the obligations of the
iecipient of the annuity. If the annuity was constituteu in fiauu of cieuitois, the
lattei may ask foi the execution oi attachment of the piopeity. (18u7a)
Article 2027. No annuity shall be claimeu without fiist pioving the existence of
the peison upon whose life the annuity is constituteu. (18u8)
TITLE XIV
CUMPRUMISES AND ARBITRATIUNS
CHAPTER 1
Compromises
Article 2028. A compiomise is a contiact wheieby the paities, by making
iecipiocal concessions, avoiu a litigation oi put an enu to one alieauy
commenceu. (18u9a)
Article 2029. The couit shall enueavoi to peisuaue the litigants in a civil case to
agiee upon some faii compiomise. (n)
Article 2030. Eveiy civil action oi pioceeuing shall be suspenueu:
(1) If willingness to uiscuss a possible compiomise is expiesseu by one oi both
paities; oi
(2) If it appeais that one of the paities, befoie the commencement of the action
oi pioceeuing, offeieu to uiscuss a possible compiomise but the othei paity
iefuseu the offei.
The uuiation anu teims of the suspension of the civil action oi pioceeuing anu
similai matteis shall be goveineu by such piovisions of the iules of couit as the
Supieme Couit shall piomulgate. Saiu iules of couit shall likewise pioviue foi
the appointment anu uuties of amicable compounueis. (n)
Article 2031. The couits may mitigate the uamages to be paiu by the losing
paity who has shown a sinceie uesiie foi a compiomise. (n)
Article 2032. The couit's appioval is necessaiy in compiomises enteieu into by
guaiuians, paients, absentee's iepiesentatives, anu auministiatois oi executois
of ueceuent's estates. (181ua)
Article 2033. }uiiuical peisons may compiomise only in the foim anu with the
iequisites which may be necessaiy to alienate theii piopeity. (1812a)
Article 2034. Theie may be a compiomise upon the civil liability aiising fiom an
offense; but such compiomise shall not extinguish the public action foi the
imposition of the legal penalty. (181S)
Article 2035. No compiomise upon the following questions shall be valiu:
(1) The civil status of peisons;
(2) The valiuity of a maiiiage oi a legal sepaiation;
(S) Any giounu foi legal sepaiation;
(4) Futuie suppoit;
(S) The juiisuiction of couits;
(6) Futuie legitime. (1814a)
Article 203. A compiomise compiises only those objects which aie uefinitely
stateu theiein, oi which by necessaiy implication fiom its teims shoulu be
ueemeu to have been incluueu in the same.
A geneial ienunciation of iights is unueistoou to iefei only to those that aie
connecteu with the uispute which was the subject of the compiomise. (181S)
Article 2037. A compiomise has upon the paities the effect anu authoiity of ies
juuicata; but theie shall be no execution except in compliance with a juuicial
compiomise. (1816)
Article 2038. A compiomise in which theie is mistake, fiauu, violence,
intimiuation, unuue influence, oi falsity of uocuments, is subject to the
piovisions of aiticle 1SSu of this Coue.
Bowevei, one of paities cannot set up a mistake of fact as against the othei if the
lattei, by viitue of the compiomise, has withuiawn fiom a litigation alieauy
commenceu. (1817a)
Article 2039. When the paities compiomise geneially on all uiffeiences which
they might have with each othei, the uiscoveiy of uocuments iefeiiing to one oi
moie but not to all of the questions settleu shall not itself be a cause foi
annulment oi iescission of the compiomise, unless saiu uocuments have been
concealeu by one of the paities.
But the compiomise may be annulleu oi iescinueu if it iefeis only to one thing to
which one of the paities has no iight, as shown by the newly-uiscoveieu
uocuments. (n)
Article 2040. If aftei a litigation has been ueciueu by a final juugment, a
compiomise shoulu be agieeu upon, eithei oi both paities being unawaie of the
existence of the final juugment, the compiomise may be iescinueu.
Ignoiance of a juugment which may be ievokeu oi set asiue is not a valiu giounu
foi attacking a compiomise. (1819a)
Article 2041. If one of the paities fails oi iefuses to abiue by the compiomise,
the othei paity may eithei enfoice the compiomise oi iegaiu it as iescinueu anu
insist upon his oiiginal uemanu. (n)
CHAPTER 2
Arbitrations
Article 2042. The same peisons who may entei into a compiomise may submit
theii contioveisies to one oi moie aibitiatois foi uecision. (182ua)
Article 2043. The piovisions of the pieceuing Chaptei upon compiomises shall
also be applicable to aibitiations. (1821a)
Article 2044. Any stipulation that the aibitiatois' awaiu oi uecision shall be
final, is valiu, without piejuuice to aiticles 2uS8, 2uS9, anu 2u4u. (n)
Article 2045. Any clause giving one of the paities powei to choose moie
aibitiatois than the othei is voiu anu of no effect. (n)
Article 204. The appointment of aibitiatois anu the pioceuuie foi aibitiation
shall be goveineu by the piovisions of such iules of couit as the Supieme Couit
shall piomulgate. (n)
TITLE XV
CUARANTY
CHAPTER 1
Nature and Extent of Cuaranty
Article 2047. By guaianty a peison, calleu the guaiantoi, binus himself to the
cieuitoi to fulfill the obligation of the piincipal uebtoi in case the lattei shoulu
fail to uo so.
If a peison binus himself soliuaiily with the piincipal uebtoi, the piovisions of
Section 4, Chaptei S, Title I of this Book shall be obseiveu. In such case the
contiact is calleu a suietyship. (1822a)
Article 2048. A guaianty is giatuitous, unless theie is a stipulation to the
contiaiy. (n)
Article 2049. A maiiieu woman may guaiantee an obligation without the
husbanu's consent, but shall not theieby binu the conjugal paitneiship, except in
cases pioviueu by law. (n)
Article 2050. If a guaianty is enteieu into without the knowleuge oi consent, oi
against the will of the piincipal uebtoi, the piovisions of aiticles 12S6 anu 12S7
shall apply. (n)
Article 2051. A guaianty may be conventional, legal oi juuicial, giatuitous, oi by
oneious title.
It may also be constituteu, not only in favoi of the piincipal uebtoi, but also in
favoi of the othei guaiantoi, with the lattei's consent, oi without his knowleuge,
oi even ovei his objection. (182S)
Article 2052. A guaianty cannot exist without a valiu obligation.
Neveitheless, a guaianty may be constituteu to guaiantee the peifoimance of a
voiuable oi an unenfoiceable contiact. It may also guaiantee a natuial
obligation. (1824a)
Article 2053. A guaianty may also be given as secuiity foi futuie uebts, the
amount of which is not yet known; theie can be no claim against the guaiantoi
until the uebt is liquiuateu. A conuitional obligation may also be secuieu.
(182Sa)
Article 2054. A guaiantoi may binu himself foi less, but not foi moie than the
piincipal uebtoi, both as iegaius the amount anu the oneious natuie of the
conuitions.
Shoulu he have bounu himself foi moie, his obligations shall be ieuuceu to the
limits of that of the uebtoi. (1826)
Article 2055. A guaianty is not piesumeu; it must be expiess anu cannot extenu
to moie than what is stipulateu theiein.
If it be simple oi inuefinite, it shall compiomise not only the piincipal obligation,
but also all its accessoiies, incluuing the juuicial costs, pioviueu with iespect to
the lattei, that the guaiantoi shall only be liable foi those costs incuiieu aftei he
has been juuicially iequiieu to pay. (1827a)
Article 205. 0ne who is obligeu to fuinish a guaiantoi shall piesent a peison
who possesses integiity, capacity to binu himself, anu sufficient piopeity to
answei foi the obligation which he guaiantees. The guaiantoi shall be subject to
the juiisuiction of the couit of the place wheie this obligation is to be complieu
with. (1828a)
Article 2057. If the guaiantoi shoulu be convicteu in fiist instance of a ciime
involving uishonesty oi shoulu become insolvent, the cieuitoi may uemanu
anothei who has all the qualifications iequiieu in the pieceuing aiticle. The case
is excepteu wheie the cieuitoi has iequiieu anu stipulateu that a specifieu
peison shoulu be the guaiantoi. (1829a)
CHAPTER 2
Effects of Cuaranty
SECTIUN 1
Effects of Cuaranty Between tbe Cuarantor and tbe Creditor
Article 2058. The guaiantoi cannot be compelleu to pay the cieuitoi unless the
lattei has exhausteu all the piopeity of the uebtoi, anu has iesoiteu to all the
legal iemeuies against the uebtoi. (18Sua)
Article 2059. The excussion shall not take place:
(1) If the guaiantoi has expiessly ienounceu it;
(2) If he has bounu himself soliuaiily with the uebtoi;
(S) In case of insolvency of the uebtoi;
(4) When he has absconueu, oi cannot be sueu within the Philippines unless he
has left a managei oi iepiesentative;
(S) If it may be piesumeu that an execution on the piopeity of the piincipal
uebtoi woulu not iesult in the satisfaction of the obligation. (18S1a)
Article 200. In oiuei that the guaiantoi may make use of the benefit of
exclusion, he must set it up against the cieuitoi upon the lattei's uemanu foi
payment fiom him, anu point out to the cieuitoi available piopeity of the uebtoi
within Philippine teiiitoiy, sufficient to covei the amount of the uebt. (18S2)
Article 201. The guaiantoi having fulfilleu all the conuitions iequiieu in the
pieceuing aiticle, the cieuitoi who is negligent in exhausting the piopeity
pointeu out shall suffei the loss, to the extent of saiu piopeity, foi the insolvency
of the uebtoi iesulting fiom such negligence. (18SSa)
Article 202. In eveiy action by the cieuitoi, which must be against the
piincipal uebtoi alone, except in the cases mentioneu in aiticle 2uS9, the foimei
shall ask the couit to notify the guaiantoi of the action. The guaiantoi may
appeai so that he may, if he so uesiie, set up such uefenses as aie gianteu him by
law. The benefit of excussion mentioneu in aiticle 2uS8 shall always be
unimpaiieu, even if juugment shoulu be ienueieu against the piincipal uebtoi
anu the guaiantoi in case of appeaiance by the lattei. (18S4a)
Article 203. A compiomise between the cieuitoi anu the piincipal uebtoi
benefits the guaiantoi but uoes not piejuuice him. That which is enteieu into
between the guaiantoi anu the cieuitoi benefits but uoes not piejuuice the
piincipal uebtoi. (18SSa)
Article 204. The guaiantoi of a guaiantoi shall enjoy the benefit of excussion,
both with iespect to the guaiantoi anu to the piincipal uebtoi. (18S6)
Article 205. Shoulu theie be seveial guaiantois of only one uebtoi anu foi the
same uebt, the obligation to answei foi the same is uiviueu among all. The
cieuitoi cannot claim fiom the guaiantois except the shaies which they aie
iespectively bounu to pay, unless soliuaiity has been expiessly stipulateu.
The benefit of uivision against the co-guaiantois ceases in the same cases anu foi
the same ieasons as the benefit of excussion against the piincipal uebtoi. (18S7)
SECTIUN 2
Effects of Cuaranty Between tbe Debtor and tbe Cuarantor
Article 20. The guaiantoi who pays foi a uebtoi must be inuemnifieu by the
lattei.
The inuemnity compiises:
(1) The total amount of the uebt;
(2) The legal inteiests theieon fiom the time the payment was maue known to
the uebtoi, even though it uiu not eain inteiest foi the cieuitoi;
(S) The expenses incuiieu by the guaiantoi aftei having notifieu the uebtoi that
payment hau been uemanueu of him;
(4) Bamages, if they aie uue. (18S8a)
Article 207. The guaiantoi who pays is subiogateu by viitue theieof to all the
iights which the cieuitoi hau against the uebtoi.
If the guaiantoi has compiomiseu with the cieuitoi, he cannot uemanu of the
uebtoi moie than what he has ieally paiu. (18S9)
Article 208. If the guaiantoi shoulu pay without notifying the uebtoi, the lattei
may enfoice against him all the uefenses which he coulu have set up against the
cieuitoi at the time the payment was maue. (184u)
Article 209. If the uebt was foi a peiiou anu the guaiantoi paiu it befoie it
became uue, he cannot uemanu ieimbuisement of the uebtoi until the expiiation
of the peiiou unless the payment has been iatifieu by the uebtoi. (1841a)
Article 2070. If the guaiantoi has paiu without notifying the uebtoi, anu the
lattei not being awaie of the payment, iepeats the payment, the foimei has no
iemeuy whatevei against the uebtoi, but only against the cieuitoi. Neveitheless,
in case of a giatuitous guaianty, if the guaiantoi was pieventeu by a foituitous
event fiom auvising the uebtoi of the payment, anu the cieuitoi becomes
insolvent, the uebtoi shall ieimbuise the guaiantoi foi the amount paiu. (1842a)
Article 2071. The guaiantoi, even befoie having paiu, may pioceeu against the
piincipal uebtoi:
(1) When he is sueu foi the payment;
(2) In case of insolvency of the piincipal uebtoi;
(S) When the uebtoi has bounu himself to ielieve him fiom the guaianty within a
specifieu peiiou, anu this peiiou has expiieu;
(4) When the uebt has become uemanuable, by ieason of the expiiation of the
peiiou foi payment;
(S) Aftei the lapse of ten yeais, when the piincipal obligation has no fixeu peiiou
foi its matuiity, unless it be of such natuie that it cannot be extinguisheu except
within a peiiou longei than ten yeais;
(6) If theie aie ieasonable giounus to feai that the piincipal uebtoi intenus to
absconu;
(7) If the piincipal uebtoi is in imminent uangei of becoming insolvent.
In all these cases, the action of the guaiantoi is to obtain ielease fiom the
guaianty, oi to uemanu a secuiity that shall piotect him fiom any pioceeuings by
the cieuitoi anu fiom the uangei of insolvency of the uebtoi. (18S4a)
Article 2072. If one, at the iequest of anothei, becomes a guaiantoi foi the uebt
of a thiiu peison who is not piesent, the guaiantoi who satisfies the uebt may
sue eithei the peison so iequesting oi the uebtoi foi ieimbuisement. (n)
SECTIUN 3.
Effects of Cuaranty as Between Co-Cuarantors
Article 2073. When theie aie two oi moie guaiantois of the same uebtoi anu
foi the same uebt, the one among them who has paiu may uemanu of each of the
otheis the shaie which is piopoitionally owing fiom him.
If any of the guaiantois shoulu be insolvent, his shaie shall be boine by the
otheis, incluuing the payei, in the same piopoition.
The piovisions of this aiticle shall not be applicable, unless the payment has
been maue by viitue of a juuicial uemanu oi unless the piincipal uebtoi is
insolvent. (1844a)
Article 2074. In the case of the pieceuing aiticle, the co-guaiantois may set up
against the one who paiu, the same uefenses which woulu have peitaineu to the
piincipal uebtoi against the cieuitoi, anu which aie not puiely peisonal to the
uebtoi. (184S) ARTICLE 2u7S. A sub-guaiantoi, in case of the insolvency of the
guaiantoi foi whom he bounu himself, is iesponsible to the co-guaiantois in the
same teims as the guaiantoi. (1846)
CHAPTER 3
Extinguisbment of Cuaranty
Article 207. The obligation of the guaiantoi is extinguisheu at the same time as
that of the uebtoi, anu foi the same causes as all othei obligations. (1847)
Article 2077. If the cieuitoi voluntaiily accepts immovable oi othei piopeity in
payment of the uebt, even if he shoulu afteiwaius lose the same thiough
eviction, the guaiantoi is ieleaseu. (1849)
Article 2078. A ielease maue by the cieuitoi in favoi of one of the guaiantois,
without the consent of the otheis, benefits all to the extent of the shaie of the
guaiantoi to whom it has been gianteu. (18Su)
Article 2079. An extension gianteu to the uebtoi by the cieuitoi without the
consent of the guaiantoi extinguishes the guaianty. The meie failuie on the pait
of the cieuitoi to uemanu payment aftei the uebt has become uue uoes not of
itself constitute any extension of time iefeiieu to heiein. (18S1a)
Article 2080. The guaiantois, even though they be soliuaiy, aie ieleaseu fiom
theii obligation whenevei by some act of the cieuitoi they cannot be subiogateu
to the iights, moitgages, anu piefeience of the lattei. (18S2)
Article 2081. The guaiantoi may set up against the cieuitoi all the uefenses
which peitain to the piincipal uebtoi anu aie inheient in the uebt; but not those
that aie peisonal to the uebtoi. (18SS)
CHAPTER 4
Legal and )udicial Bonds
Article 2082. The bonusman who is to be offeieu in viitue of a piovision of law
oi of a juuicial oiuei shall have the qualifications piesciibeu in aiticle 2uS6 anu
in special laws. (18S4a)
Article 2083. If the peison bounu to give a bonu in the cases of the pieceuing
aiticle, shoulu not be able to uo so, a pleuge oi moitgage consiueieu sufficient to
covei his obligation shall be aumitteu in lieu theieof. (18SS)
Article 2084. A juuicial bonusman cannot uemanu the exhaustion of the
piopeity of the piincipal uebtoi.
A sub-suiety in the same case, cannot uemanu the exhaustion of the piopeity of
the uebtoi oi of the suiety.
TITLE XVI
PLEDCE, MURTCACE AND ANTICHRESIS
CHAPTER 1
Provisions Common to Pledge and Mortgage
Article 2085. The following iequisites aie essential to the contiacts of pleuge
anu moitgage:
(1) That they be constituteu to secuie the fulfillment of a piincipal obligation;
(2) That the pleugoi oi moitgagoi be the absolute ownei of the thing pleugeu oi
moitgageu;
(S) That the peisons constituting the pleuge oi moitgage have the fiee uisposal
of theii piopeity, anu in the absence theieof, that they be legally authoiizeu foi
the puipose.
Thiiu peisons who aie not paities to the piincipal obligation may secuie the
lattei by pleuging oi moitgaging theii own piopeity. (18S7)
Article 208. The piovisions of aiticle 2uS2 aie applicable to a pleuge oi
moitgage. (n)
Article 2087. It is also of the essence of these contiacts that when the piincipal
obligation becomes uue, the things in which the pleuge oi moitgage consists may
be alienateu foi the payment to the cieuitoi. (18S8)
Article 2088. The cieuitoi cannot appiopiiate the things given by way of pleuge
oi moitgage, oi uispose of them. Any stipulation to the contiaiy is null anu voiu.
(18S9a)
Article 2089. A pleuge oi moitgage is inuivisible, even though the uebt may be
uiviueu among the successois in inteiest of the uebtoi oi of the cieuitoi.
Theiefoie, the uebtoi's heii who has paiu a pait of the uebt cannot ask foi the
piopoitionate extinguishment of the pleuge oi moitgage as long as the uebt is
not completely satisfieu.
Neithei can the cieuitoi's heii who ieceiveu his shaie of the uebt ietuin the
pleuge oi cancel the moitgage, to the piejuuice of the othei heiis who have not
been paiu.
Fiom these piovisions is excepteu the case in which, theie being seveial things
given in moitgage oi pleuge, each one of them guaiantees only a ueteiminate
poition of the cieuit.
The uebtoi, in this case, shall have a iight to the extinguishment of the pleuge oi
moitgage as the poition of the uebt foi which each thing is specially answeiable
is satisfieu. (186u)
Article 2090. The inuivisibility of a pleuge oi moitgage is not affecteu by the fact
that the uebtois aie not soliuaiily liable. (n)
Article 2091. The contiact of pleuge oi moitgage may secuie all kinus of
obligations, be they puie oi subject to a suspensive oi iesolutoiy conuition.
(1861)
Article 2092. A piomise to constitute a pleuge oi moitgage gives iise only to a
peisonal action between the contiacting paities, without piejuuice to the
ciiminal iesponsibility incuiieu by him who uefiauus anothei, by offeiing in
pleuge oi moitgage as unencumbeieu, things which he knew weie subject to
some buiuen, oi by misiepiesenting himself to be the ownei of the same. (1862)
CHAPTER 2
Pledge
Article 2093. In auuition to the iequisites piesciibeu in aiticle 2u8S, it is
necessaiy, in oiuei to constitute the contiact of pleuge, that the thing pleugeu be
placeu in the possession of the cieuitoi, oi of a thiiu peison by common
agieement. (186S)
Article 2094. All movables which aie within commeice may be pleugeu,
pioviueu they aie susceptible of possession. (1864)
Article 2095. Incoipoieal iights, eviuenceu by negotiable instiuments, bills of
lauing, shaies of stock, bonus, waiehouse ieceipts anu similai uocuments may
also be pleugeu. The instiument pioving the iight pleugeu shall be ueliveieu to
the cieuitoi, anu if negotiable, must be inuoiseu. (n)
Article 209. A pleuge shall not take effect against thiiu peisons if a uesciiption
of the thing pleugeu anu the uate of the pleuge uo not appeai in a public
instiument. (186Sa)
Article 2097. With the consent of the pleugee, the thing pleugeu may be
alienateu by the pleugoi oi ownei, subject to the pleuge. The owneiship of the
thing pleugeu is tiansmitteu to the venuee oi tiansfeiee as soon as the pleugee
consents to the alienation, but the lattei shall continue in possession. (n)
Article 2098. The contiact of pleuge gives a iight to the cieuitoi to ietain the
thing in his possession oi in that of a thiiu peison to whom it has been ueliveieu,
until the uebt is paiu. (1866a)
Article 2099. The cieuitoi shall take caie of the thing pleugeu with the uiligence
of a goou fathei of a family; he has a iight to the ieimbuisement of the expenses
maue foi its pieseivation, anu is liable foi its loss oi ueteiioiation, in confoimity
with the piovisions of this Coue. (1867)
Article 2100. The pleugee cannot ueposit the thing pleugeu with a thiiu peison,
unless theie is a stipulation authoiizing him to uo so.
The pleugee is iesponsible foi the acts of his agents oi employees with iespect to
the thing pleugeu. (n)
Article 2101. The pleugoi has the same iesponsibility as a bailoi in
commouatum in the case unuei aiticle 19S1. (n)
Article 2102. If the pleuge eains oi piouuces fiuits, income, uiviuenus, oi
inteiests, the cieuitoi shall compensate what he ieceives with those which aie
owing him; but if none aie owing him, oi insofai as the amount may exceeu that
which is uue, he shall apply it to the piincipal. 0nless theie is a stipulation to the
contiaiy, the pleuge shall extenu to the inteiest anu eainings of the iight
pleugeu.
In case of a pleuge of animals, theii offspiing shall peitain to the pleugoi oi
ownei of animals pleugeu, but shall be subject to the pleuge, if theie is no
stipulation to the contiaiy. (1868a)
Article 2103. 0nless the thing pleugeu is expiopiiateu, the uebtoi continues to
be the ownei theieof.
Neveitheless, the cieuitoi may biing the actions which peitain to the ownei of
the thing pleugeu in oiuei to iecovei it fiom, oi uefenu it against a thiiu peison.
(1869)
Article 2104. The cieuitoi cannot use the thing pleugeu, without the authoiity
of the ownei, anu if he shoulu uo so, oi shoulu misuse the thing in any othei way,
the ownei may ask that it be juuicially oi extiajuuicially uepositeu. When the
pieseivation of the thing pleugeu iequiies its use, it must be useu by the cieuitoi
but only foi that puipose. (187ua)
Article 2105. The uebtoi cannot ask foi the ietuin of the thing pleugeu against
the will of the cieuitoi, unless anu until he has paiu the uebt anu its inteiest, with
expenses in a piopei case. (1871)
Article 210. If thiough the negligence oi wilful act of the pleugee, the thing
pleugeu is in uangei of being lost oi impaiieu, the pleugoi may iequiie that it be
uepositeu with a thiiu peison. (n)
Article 2107. If theie aie ieasonable giounus to feai the uestiuction oi
impaiiment of the thing pleugeu, without the fault of the pleugee, the pleugoi
may uemanu the ietuin of the thing, upon offeiing anothei thing in pleuge,
pioviueu the lattei is of the same kinu as the foimei anu not of infeiioi quality,
anu without piejuuice to the iight of the pleugee unuei the piovisions of the
following aiticle.
The pleugee is bounu to auvise the pleugoi, without uelay, of any uangei to the
thing pleugeu. (n)
Article 2108. If, without the fault of the pleugee, theie is uangei of uestiuction,
impaiiment, oi uiminution in value of the thing pleugeu, he may cause the same
to be solu at a public sale. The pioceeus of the auction shall be a secuiity foi the
piincipal obligation in the same mannei as the thing oiiginally pleugeu. (n)
Article 2109. If the cieuitoi is ueceiveu on the substance oi quality of the thing
pleugeu, he may eithei claim anothei thing in its steau, oi uemanu immeuiate
payment of the piincipal obligation. (n)
Article 2110. If the thing pleugeu is ietuineu by the pleugee to the pleugoi oi
ownei, the pleuge is extinguisheu. Any stipulation to the contiaiy shall be voiu.
If subsequent to the peifection of the pleuge, the thing is in the possession of the
pleugoi oi ownei, theie is a piima facie piesumption that the same has been
ietuineu by the pleugee. This same piesumption exists if the thing pleugeu is in
the possession of a thiiu peison who has ieceiveu it fiom the pleugoi oi ownei
aftei the constitution of the pleuge. (n)
Article 2111. A statement in wiiting by the pleugee that he ienounces oi
abanuons the pleuge is sufficient to extinguish the pleuge. Foi this puipose,
neithei the acceptance by the pleugoi oi ownei, noi the ietuin of the thing
pleugeu is necessaiy, the pleugee becoming a uepositaiy. (n)
Article 2112. The cieuitoi to whom the cieuit has not been satisfieu in uue time,
may pioceeu befoie a Notaiy Public to the sale of the thing pleugeu. This sale
shall be maue at a public auction, anu with notification to the uebtoi anu the
ownei of the thing pleugeu in a piopei case, stating the amount foi which the
public sale is to be helu. If at the fiist auction the thing is not solu, a seconu one
with the same foimalities shall be helu; anu if at the seconu auction theie is no
sale eithei, the cieuitoi may appiopiiate the thing pleugeu. In this case he shall
be obligeu to give an acquittance foi his entiie claim. (1872a)
Article 2113. At the public auction, the pleugoi oi ownei may biu. Be shall,
moieovei, have a bettei iight if he shoulu offei the same teims as the highest
biuuei.
The pleugee may also biu, but his offei shall not be valiu if he is the only biuuei.
(n)
Article 2114. All bius at the public auction shall offei to pay the puichase piice
at once. If any othei biu is accepteu, the pleugee is ueemeu to have been ieceiveu
the puichase piice, as fai as the pleugoi oi ownei is conceineu. (n)
Article 2115. The sale of the thing pleugeu shall extinguish the piincipal
obligation, whethei oi not the pioceeus of the sale aie equal to the amount of the
piincipal obligation, inteiest anu expenses in a piopei case. If the piice of the
sale is moie than saiu amount, the uebtoi shall not be entitleu to the excess,
unless it is otheiwise agieeu. If the piice of the sale is less, neithei shall the
cieuitoi be entitleu to iecovei the ueficiency, notwithstanuing any stipulation to
the contiaiy. (n)
Article 211. Aftei the public auction, the pleugee shall piomptly auvise the
pleugoi oi ownei of the iesult theieof. (n)
Article 2117. Any thiiu peison who has any iight in oi to the thing pleugeu may
satisfy the piincipal obligation as soon as the lattei becomes uue anu
uemanuable. (n)
Article 2118. If a cieuit which has been pleugeu becomes uue befoie it is
ieueemeu, the pleugee may collect anu ieceive the amount uue. Be shall apply
the same to the payment of his claim, anu uelivei the suiplus, shoulu theie be
any, to the pleugoi. (n)
Article 2119. If two oi moie things aie pleugeu, the pleugee may choose which
he will cause to be solu, unless theie is a stipulation to the contiaiy. Be may
uemanu the sale of only as many of the things as aie necessaiy foi the payment
of the uebt. (n) ARTICLE 212u. If a thiiu paity secuies an obligation by pleuging
his own movable piopeity unuei the piovisions of aiticle 2u8S he shall have the
same iights as a guaiantoi unuei aiticles 2u66 to 2u7u, anu aiticles 2u77 to
2u81. Be is not piejuuiceu by any waivei of uefense by the piincipal obligoi. (n)
Article 2121. Pleuges cieateu by opeiation of law, such as those iefeiieu to in
aiticles S46, 17S1, anu 1994, aie goveineu by the foiegoing aiticles on the
possession, caie anu sale of the thing as well as on the teimination of the pleuge.
Bowevei, aftei payment of the uebt anu expenses, the iemainuei of the piice of
the sale shall be ueliveieu to the obligoi. (n)
Article 2122. A thing unuei a pleuge by opeiation of law may be solu only aftei
uemanu of the amount foi which the thing is ietaineu. The public auction shall
take place within one month aftei such uemanu. If, without just giounus, the
cieuitoi uoes not cause the public sale to be helu within such peiiou, the uebtoi
may iequiie the ietuin of the thing. (n)
Article 2123. With iegaiu to pawnshops anu othei establishments, which aie
engageu in making loans secuieu by pleuges, the special laws anu iegulations
conceining them shall be obseiveu, anu subsiuiaiily, the piovisions of this Title.
(187Sa)
CHAPTER 3
Mortgage
Article 2124. 0nly the following piopeity may be the object of a contiact of
moitgage:
(1) Immovables;
(2) Alienable ieal iights in accoiuance with the laws, imposeu upon immovables.
Neveitheless, movables may be the object of a chattel moitgage. (1874a)
Article 2125. In auuition to the iequisites stateu in aiticle 2u8S, it is
inuispensable, in oiuei that a moitgage may be valiuly constituteu, that the
uocument in which it appeais be iecoiueu in the Registiy of Piopeity. If the
instiument is not iecoiueu, the moitgage is neveitheless binuing between the
paities.
The peisons in whose favoi the law establishes a moitgage have no othei iight
than to uemanu the execution anu the iecoiuing of the uocument in which the
moitgage is foimalizeu. (187Sa)
Article 212. The moitgage uiiectly anu immeuiately subjects the piopeity
upon which it is imposeu, whoevei the possessoi may be, to the fulfillment of the
obligation foi whose secuiity it was constituteu. (1876)
Article 2127. The moitgage extenus to the natuial accessions, to the
impiovements, giowing fiuits, anu the ients oi income not yet ieceiveu when
the obligation becomes uue, anu to the amount of the inuemnity gianteu oi
owing to the piopiietoi fiom the insuieis of the piopeity moitgageu, oi in viitue
of expiopiiation foi public use, with the ueclaiations, amplifications anu
limitations establisheu by law, whethei the estate iemains in the possession of
the moitgagoi, oi it passes into the hanus of a thiiu peison. (1877)
Article 2128. The moitgage cieuit may be alienateu oi assigneu to a thiiu
peison, in whole oi in pait, with the foimalities iequiieu by law. (1878)
Article 2129. The cieuitoi may claim fiom a thiiu peison in possession of the
moitgageu piopeity, the payment of the pait of the cieuit secuieu by the
piopeity which saiu thiiu peison possesses, in the teims anu with the
foimalities which the law establishes. (1879)
Article 2130. A stipulation foibiuuing the ownei fiom alienating the immovable
moitgageu shall be voiu. (n)
Article 2131. The foim, extent anu consequences of a moitgage, both as to its
constitution, mouification anu extinguishment, anu as to othei matteis not
incluueu in this Chaptei, shall be goveineu by the piovisions of the Noitgage
Law anu of the Lanu Registiation Law. (188ua)
CHAPTER 4
Anticbresis
Article 2132. By the contiact of antichiesis the cieuitoi acquiies the iight to
ieceive the fiuits of an immovable of his uebtoi, with the obligation to apply
them to the payment of the inteiest, if owing, anu theieaftei to the piincipal of
his cieuit. (1881)
Article 2133. The actual maiket value of the fiuits at the time of the application
theieof to the inteiest anu piincipal shall be the measuie of such application. (n)
Article 2134. The amount of the piincipal anu of the inteiest shall be specifieu
in wiiting; otheiwise, the contiact of antichiesis shall be voiu. (n)
Article 2135. The cieuitoi, unless theie is a stipulation to the contiaiy, is
obligeu to pay the taxes anu chaiges upon the estate.
Be is also bounu to beai the expenses necessaiy foi its pieseivation anu iepaii.
The sums spent foi the puiposes stateu in this aiticle shall be ueuucteu fiom the
fiuits. (1882)
Article 213. The uebtoi cannot ieacquiie the enjoyment of the immovable
without fiist having totally paiu what he owes the cieuitoi.
But the lattei, in oiuei to exempt himself fiom the obligations imposeu upon him
by the pieceuing aiticle, may always compel the uebtoi to entei again upon the
enjoyment of the piopeity, except when theie is a stipulation to the contiaiy.
(188S)
Article 2137. The cieuitoi uoes not acquiie the owneiship of the ieal estate foi
non-payment of the uebt within the peiiou agieeu upon.
Eveiy stipulation to the contiaiy shall be voiu. But the cieuitoi may petition the
couit foi the payment of the uebt oi the sale of the ieal piopeity. In this case, the
Rules of Couit on the foieclosuie of moitgages shall apply. (1884a)
Article 2138. The contiacting paities may stipulate that the inteiest upon the
uebt be compensateu with the fiuits of the piopeity which is the object of the
antichiesis, pioviueu that if the value of the fiuits shoulu exceeu the amount of
inteiest alloweu by the laws against usuiy, the excess shall be applieu to the
piincipal. (188Sa)
Article 2139. The last paiagiaph of aiticle 2u8S, anu aiticles 2u89 to 2u91 aie
applicable to this contiact. (1886a)
CHAPTER 5
Cbattel Mortgage
Article 2140. By a chattel moitgage, peisonal piopeity is iecoiueu in the Chattel
Noitgage Registei as a secuiity foi the peifoimance of an obligation. If the
movable, insteau of being iecoiueu, is ueliveieu to the cieuitoi oi a thiiu peison,
the contiact is a pleuge anu not a chattel moitgage. (n)
Article 2141. The piovisions of this Coue on pleuge, insofai as they aie not in
conflict with the Chattel Noitgage Law shall be applicable to chattel moitgages.
(n)
TITLE XVII
EXTRA-CUNTRACTUAL UBLICATIUNS
CHAPTER 1
Quasi-contracts
Article 2142. Ceitain lawful, voluntaiy anu unilateial acts give iise to the
juiiuical ielation of quasi-contiact to the enu that no one shall be unjustly
eniicheu oi benefiteu at the expense of anothei. (n)
Article 2143. The piovisions foi quasi-contiacts in this Chaptei uo not excluue
othei quasi-contiacts which may come within the puiview of the pieceuing
aiticle. (n)
SECTIUN 1
Negotiorum Cestio
Article 2144. Whoevei voluntaiily takes chaige of the agency oi management of
the business oi piopeity of anothei, without any powei fiom the lattei, is
obligeu to continue the same until the teimination of the affaii anu its inciuents,
oi to iequiie the peison conceineu to substitute him, if the ownei is in a position
to uo so. This juiiuical ielation uoes not aiise in eithei of these instances:
(1) When the piopeity oi business is not neglecteu oi abanuoneu;
(2) If in fact the managei has been tacitly authoiizeu by the ownei.
In the fiist case, the piovisions of aiticles 1S17, 14uS, No. 1, anu 14u4 iegaiuing
unauthoiizeu contiacts shall govein.
In the seconu case, the iules on agency in Title X of this Book shall be applicable.
(1888a)
Article 2145. The officious managei shall peifoim his uuties with all the
uiligence of a goou fathei of a family, anu pay the uamages which thiough his
fault oi negligence may be suffeieu by the ownei of the piopeity oi business
unuei management.
The couits may, howevei, inciease oi moueiate the inuemnity accoiuing to the
ciicumstances of each case. (1889a)
Article 214. If the officious managei uelegates to anothei peison all oi some of
his uuties, he shall be liable foi the acts of the uelegate, without piejuuice to the
uiiect obligation of the lattei towaiu the ownei of the business.
The iesponsibility of two oi moie officious manageis shall be soliuaiy, unless the
management was assumeu to save the thing oi business fiom imminent uangei.
(189ua)
Article 2147. The officious managei shall be liable foi any foituitous event:
(1) If he unueitakes iisky opeiations which the ownei was not accustomeu to
embaik upon;
(2) If he has piefeiieu his own inteiest to that of the ownei;
(S) If he fails to ietuin the piopeity oi business aftei uemanu by the ownei;
(4) If he assumeu the management in bau faith. (1891a)
Article 2148. Except when the management was assumeu to save piopeity oi
business fiom imminent uangei, the officious managei shall be liable foi
foituitous events:
(1) If he is manifestly unfit to caiiy on the management;
(2) If by his inteivention he pieventeu a moie competent peison fiom taking up
the management. (n)
Article 2149. The iatification of the management by the ownei of the business
piouuces the effects of an expiess agency, even if the business may not have
been successful. (1892a)
Article 2150. Although the officious management may not have been expiessly
iatifieu, the ownei of the piopeity oi business who enjoys the auvantages of the
same shall be liable foi obligations incuiieu in his inteiest, anu shall ieimbuise
the officious managei foi the necessaiy anu useful expenses anu foi the uamages
which the lattei may have suffeieu in the peifoimance of his uuties.
The same obligation shall be incumbent upon him when the management hau foi
its puipose the pievention of an imminent anu manifest loss, although no benefit
may have been ueiiveu. (189S)
Article 2151. Even though the ownei uiu not ueiive any benefit anu theie has
been no imminent anu manifest uangei to the piopeity oi business, the ownei is
liable as unuei the fiist paiagiaph of the pieceuing aiticle, pioviueu:
(1) The officious managei has acteu in goou faith, anu
(2) The piopeity oi business is intact, ieauy to be ietuineu to the ownei. (n)
Article 2152. The officious managei is peisonally liable foi contiacts which he
has enteieu into with thiiu peisons, even though he acteu in the name of the
ownei, anu theie shall be no iight of action between the ownei anu thiiu
peisons. These piovisions shall not apply:
(1) If the ownei has expiessly oi tacitly iatifieu the management, oi
(2) When the contiact iefeis to things peitaining to the ownei of the business.
(n)
Article 2153. The management is extinguisheu:
(1) When the ownei iepuuiates it oi puts an enu theieto;
(2) When the officious managei withuiaws fiom the management, subject to the
piovisions of aiticle 2144;
(S) By the ueath, civil inteiuiction, insanity oi insolvency of the ownei oi the
officious managei. (n)
SECTIUN 2
Solutio Indebiti
Article 2154. If something is ieceiveu when theie is no iight to uemanu it, anu it
was unuuly ueliveieu thiough mistake, the obligation to ietuin it aiises. (189S)
Article 2155. Payment by ieason of a mistake in the constiuction oi application
of a uoubtful oi uifficult question of law may come within the scope of the
pieceuing aiticle. (n)
Article 215. If the payei was in uoubt whethei the uebt was uue, he may
iecovei if he pioves that it was not uue. (n)
Article 2157. The iesponsibility of two oi moie payees, when theie has been
payment of what is not uue, is soliuaiy. (n)
Article 2158. When the piopeity ueliveieu oi money paiu belongs to a thiiu
peison, the payee shall comply with the piovisions of aiticle 1984. (n)
Article 2159. Whoevei in bau faith accepts an unuue payment, shall pay legal
inteiest if a sum of money is involveu, oi shall be liable foi fiuits ieceiveu oi
which shoulu have been ieceiveu if the thing piouuces fiuits.
Be shall fuitheimoie be answeiable foi any loss oi impaiiment of the thing fiom
any cause, anu foi uamages to the peison who ueliveieu the thing, until it is
iecoveieu. (1896a)
Article 210. Be who in goou faith accepts an unuue payment of a thing ceitain
anu ueteiminate shall only be iesponsible foi the impaiiment oi loss of the same
oi its accessoiies anu accessions insofai as he has theieby been benefiteu. If he
has alienateu it, he shall ietuin the piice oi assign the action to collect the sum.
(1897)
Article 211. As iegaius the ieimbuisement foi impiovements anu expenses
incuiieu by him who unuuly ieceiveu the thing, the piovisions of Title v of Book
II shall govein. (1898)
Article 212. Be shall be exempt fiom the obligation to iestoie who, believing in
goou faith that the payment was being maue of a legitimate anu subsisting claim,
uestioyeu the uocument, oi alloweu the action to piesciibe, oi gave up the
pleuges, oi cancelleu the guaianties foi his iight. Be who paiu unuuly may
pioceeu only against the tiue uebtoi oi the guaiantois with iegaiu to whom the
action is still effective. (1899)
Article 213. It is piesumeu that theie was a mistake in the payment if
something which hau nevei been uue oi hau alieauy been paiu was ueliveieu;
but he fiom whom the ietuin is claimeu may piove that the ueliveiy was maue
out of libeiality oi foi any othei just cause. (19u1)
SECTIUN 3
Utber Quasi-Contracts *
Article 214. When, without the knowleuge of the peison obligeu to give
suppoit, it is given by a stiangei, the lattei shall have a iight to claim the same
fiom the foimei, unless it appeais that he gave it out of piety anu without
intention of being iepaiu. (1894a)
Article 215. When funeial expenses aie boine by a thiiu peison, without the
knowleuge of those ielatives who weie obligeu to give suppoit to the ueceaseu,
saiu ielatives shall ieimbuise the thiiu peison, shoulu the lattei claim
ieimbuisement. (1894a)
Article 21. When the peison obligeu to suppoit an oiphan, oi an insane oi
othei inuigent peison unjustly iefuses to give suppoit to the lattei, any thiiu
peison may fuinish suppoit to the neeuy inuiviuual, with iight of ieimbuisement
fiom the peison obligeu to give suppoit. The piovisions of this aiticle apply
when the fathei oi mothei of a chilu unuei eighteen yeais of age unjustly iefuses
to suppoit him.
Article 217. When thiough an acciuent oi othei cause a peison is injuieu oi
becomes seiiously ill, anu he is tieateu oi helpeu while he is not in a conuition to
give consent to a contiact, he shall be liable to pay foi the seivices of the
physician oi othei peison aiuing him, unless the seivice has been ienueieu out
of puie geneiosity.
Article 218. When uuiing a fiie, floou, stoim, oi othei calamity, piopeity is
saveu fiom uestiuction by anothei peison without the knowleuge of the ownei,
the lattei is bounu to pay the foimei just compensation.
Article 219. When the goveinment, upon the failuie of any peison to comply
with health oi safety iegulations conceining piopeity, unueitakes to uo the
necessaiy woik, even ovei his objection, he shall be liable to pay the expenses.
Article 2170. When by acciuent oi othei foituitous event, movables sepaiately
peitaining to two oi moie peisons aie commingleu oi confuseu, the iules on co-
owneiship shall be applicable.
Article 2171. The iights anu obligations of the finuei of lost peisonal piopeity
shall be goveineu by aiticles 719 anu 72u.
Article 2172. The iight of eveiy possessoi in goou faith to ieimbuisement foi
necessaiy anu useful expenses is goveineu by aiticle S46.
Article 2173. When a thiiu peison, without the knowleuge of the uebtoi, pays
the uebt, the iights of the foimei aie goveineu by aiticles 12S6 anu 12S7.
Article 2174. When in a small community a majoiity of the inhabitants of age
ueciue upon a measuie foi piotection against lawlessness, fiie, floou, stoim oi
othei calamity, any one who objects to the plan anu iefuses to contiibute to the
expenses but is benefiteu by the pioject as executeu shall be liable to pay his
shaie of saiu expenses.
Article 2175. Any peison who is constiaineu to pay the taxes of anothei shall be
entitleu to ieimbuisement fiom the lattei.
CHAPTER 2
Quasi-delicts
Article 217. Whoevei by act oi omission causes uamage to anothei, theie
being fault oi negligence, is obligeu to pay foi the uamage uone. Such fault oi
negligence, if theie is no pie-existing contiactual ielation between the paities, is
calleu a quasi-uelict anu is goveineu by the piovisions of this Chaptei. (19u2a)
Article 2177. Responsibility foi fault oi negligence unuei the pieceuing aiticle is
entiiely sepaiate anu uistinct fiom the civil liability aiising fiom negligence
unuei the Penal Coue. But the plaintiff cannot iecovei uamages twice foi the
same act oi omission of the uefenuant.(n)
Article 2178. The piovisions of aiticles 1172 to 1174 aie also applicable to a
quasi-uelict. (n)
Article 2179. When the plaintiff's own negligence was the immeuiate anu
pioximate cause of his injuiy, he cannot iecovei uamages. But if his negligence
was only contiibutoiy, the immeuiate anu pioximate cause of the injuiy being
the uefenuant's lack of uue caie, the plaintiff may iecovei uamages, but the
couits shall mitigate the uamages to be awaiueu. (n)
Article 2180. The obligation imposeu by aiticle 2176 is uemanuable not only foi
one's own acts oi omissions, but also foi those of peisons foi whom one is
iesponsible.
The fathei anu, in case of his ueath oi incapacity, the mothei, aie iesponsible foi
the uamages causeu by the minoi chiluien who live in theii company.
uuaiuians aie liable foi uamages causeu by the minois oi incapacitateu peisons
who aie unuei theii authoiity anu live in theii company.
The owneis anu manageis of an establishment oi enteipiise aie likewise
iesponsible foi uamages causeu by theii employees in the seivice of the
bianches in which the lattei aie employeu oi on the occasion of theii functions.
Employeis shall be liable foi the uamages causeu by theii employees anu
householu helpeis acting within the scope of theii assigneu tasks, even though
the foimei aie not engageu in any business oi inuustiy.
The State is iesponsible in like mannei when it acts thiough a special agent; but
not when the uamage has been causeu by the official to whom the task uone
piopeily peitains, in which case what is pioviueu in aiticle 2176 shall be
applicable.
Lastly, teacheis oi heaus of establishments of aits anu tiaues shall be liable foi
uamages causeu by theii pupils anu stuuents oi appientices, so long as they
iemain in theii custouy.
The iesponsibility tieateu of in this aiticle shall cease when the peisons heiein
mentioneu piove that they obseiveu all the uiligence of a goou fathei of a family
to pievent uamage. (19uSa)
Article 2181. Whoevei pays foi the uamage causeu by his uepenuents oi
employees may iecovei fiom the lattei what he has paiu oi ueliveieu in
satisfaction of the claim. (19u4)
Article 2182. If the minoi oi insane peison causing uamage has no paients oi
guaiuian, the minoi oi insane peison shall be answeiable with his own piopeity
in an action against him wheie a guaiuian au litem shall be appointeu. (n)
Article 2183. The possessoi of an animal oi whoevei may make use of the same
is iesponsible foi the uamage which it may cause, although it may escape oi be
lost. This iesponsibility shall cease only in case the uamage shoulu come fiom
foice majeuie oi fiom the fault of the peison who has suffeieu uamage. (19uS)
Article 2184. In motoi vehicle mishaps, the ownei is soliuaiily liable with his
uiivei, if the foimei, who was in the vehicle, coulu have, by the use of the uue
uiligence, pieventeu the misfoitune. It is uisputably piesumeu that a uiivei was
negligent, if he hau been founu guilty of ieckless uiiving oi violating tiaffic
iegulations at least twice within the next pieceuing two months.
If the ownei was not in the motoi vehicle, the piovisions of aiticle 218u aie
applicable. (n)
Article 2185. 0nless theie is pioof to the contiaiy, it is piesumeu that a peison
uiiving a motoi vehicle has been negligent if at the time of the mishap, he was
violating any tiaffic iegulation. (n)
Article 218. Eveiy ownei of a motoi vehicle shall file with the piopei
goveinment office a bonu executeu by a goveinment-contiolleu coipoiation oi
office, to answei foi uamages to thiiu peisons. The amount of the bonu anu othei
teims shall be fixeu by the competent public official. (n)
Article 2187. Nanufactuieis anu piocessois of fooustuffs, uiinks, toilet aiticles
anu similai goous shall be liable foi ueath oi injuiies causeu by any noxious oi
haimful substances useu, although no contiactual ielation exists between them
anu the consumeis. (n)
Article 2188. Theie is piima facie piesumption of negligence on the pait of the
uefenuant if the ueath oi injuiy iesults fiom his possession of uangeious
weapons oi substances, such as fiieaims anu poison, except when the possession
oi use theieof is inuispensable in his occupation oi business. (n)
Article 2189. Piovinces, cities anu municipalities shall be liable foi uamages foi
the ueath of, oi injuiies suffeieu by, any peison by ieason of the uefective
conuition of ioaus, stieets, biiuges, public builuings, anu othei public woiks
unuei theii contiol oi supeivision. (n)
Article 2190. The piopiietoi of a builuing oi stiuctuie is iesponsible foi the
uamages iesulting fiom its total oi paitial collapse, if it shoulu be uue to the lack
of necessaiy iepaiis. (19u7)
Article 2191. Piopiietois shall also be iesponsible foi uamages causeu:
(1) By the explosion of machineiy which has not been taken caie of with uue
uiligence, anu the inflammation of explosive substances which have not been
kept in a safe anu auequate place;
(2) By excessive smoke, which may be haimful to peisons oi piopeity;
(S) By the falling of tiees situateu at oi neai highways oi lanes, if not causeu by
foice majeuie;
(4) By emanations fiom tubes, canals, seweis oi ueposits of infectious mattei,
constiucteu without piecautions suitable to the place. (19u8)
Article 2192. If uamage iefeiieu to in the two pieceuing aiticles shoulu be the
iesult of any uefect in the constiuction mentioneu in aiticle 172S, the thiiu
peison suffeiing uamages may pioceeu only against the engineei oi aichitect oi
contiactoi in accoiuance with saiu aiticle, within the peiiou theiein fixeu.
(19u9)
Article 2193. The heau of a family that lives in a builuing oi a pait theieof, is
iesponsible foi uamages causeu by things thiown oi falling fiom the same.
(191u)
Article 2194. The iesponsibility of two oi moie peisons who aie liable foi
quasi-uelict is soliuaiy. (n)
TITLE XVIII
DAMACES 1
CHAPTER 1
Ceneral Provisions
Article 2195. The piovisions of this Title shall be iespectively applicable to all
obligations mentioneu in aiticle 11S7.
Article 219. The iules unuei this Title aie without piejuuice to special
piovisions on uamages foimulateu elsewheie in this Coue. Compensation foi
woikmen anu othei employees in case of ueath, injuiy oi illness is iegulateu by
special laws. Rules goveining uamages laiu uown in othei laws shall be obseiveu
insofai as they aie not in conflict with this Coue.
Article 2197. Bamages may be:
(1) Actual oi compensatoiy;
(2) Noial;
(S) Nominal;
(4) Tempeiate oi moueiate;
(S) Liquiuateu; oi
(6) Exemplaiy oi coiiective.
Article 2198. The piinciples of the geneial law on uamages aie heieby auopteu
insofai as they aie not inconsistent with this Coue.
CHAPTER 2
Actual or Compensatory Damages
Article 2199. Except as pioviueu by law oi by stipulation, one is entitleu to an
auequate compensation only foi such pecuniaiy loss suffeieu by him as he has
uuly pioveu. Such compensation is iefeiieu to as actual oi compensatoiy
uamages.
Article 2200. Inuemnification foi uamages shall compiehenu not only the value
of the loss suffeieu, but also that of the piofits which the obligee faileu to obtain.
(11u6)
Article 2201. In contiacts anu quasi-contiacts, the uamages foi which the
obligoi who acteu in goou faith is liable shall be those that aie the natuial anu
piobable consequences of the bieach of the obligation, anu which the paities
have foieseen oi coulu have ieasonably foieseen at the time the obligation was
constituteu.
In case of fiauu, bau faith, malice oi wanton attituue, the obligoi shall be
iesponsible foi all uamages which may be ieasonably attiibuteu to the non-
peifoimance of the obligation. (11u7a)
Article 2202. In ciimes anu quasi-uelicts, the uefenuant shall be liable foi all
uamages which aie the natuial anu piobable consequences of the act oi omission
complaineu of. It is not necessaiy that such uamages have been foieseen oi coulu
have ieasonably been foieseen by the uefenuant.
Article 2203. The paity suffeiing loss oi injuiy must exeicise the uiligence of a
goou fathei of a family to minimize the uamages iesulting fiom the act oi
omission in question.
Article 2204. In ciimes, the uamages to be aujuuicateu may be iespectively
incieaseu oi lesseneu accoiuing to the aggiavating oi mitigating ciicumstances.
Article 2205. Bamages may be iecoveieu:
(1) Foi loss oi impaiiment of eaining capacity in cases of tempoiaiy oi
peimanent peisonal injuiy;
(2) Foi injuiy to the plaintiff's business stanuing oi commeicial cieuit.
Article 220. The amount of uamages foi ueath causeu by a ciime oi quasi-
uelict shall be at least thiee thousanu pesos, even though theie may have been
mitigating ciicumstances. In auuition:
(1) The uefenuant shall be liable foi the loss of the eaining capacity of the
ueceaseu, anu the inuemnity shall be paiu to the heiis of the lattei; such
inuemnity shall in eveiy case be assesseu anu awaiueu by the couit, unless the
ueceaseu on account of peimanent physical uisability not causeu by the
uefenuant, hau no eaining capacity at the time of his ueath;
(2) If the ueceaseu was obligeu to give suppoit accoiuing to the piovisions of
aiticle 291, the iecipient who is not an heii calleu to the ueceuent's inheiitance
by the law of testate oi intestate succession, may uemanu suppoit fiom the
peison causing the ueath, foi a peiiou not exceeuing five yeais, the exact
uuiation to be fixeu by the couit;
(S) The spouse, legitimate anu illegitimate uescenuants anu ascenuants of the
ueceaseu may uemanu moial uamages foi mental anguish by ieason of the ueath
of the ueceaseu.
Article 2207. If the plaintiff's piopeity has been insuieu, anu he has ieceiveu
inuemnity fiom the insuiance company foi the injuiy oi loss aiising out of the
wiong oi bieach of contiact complaineu of, the insuiance company shall be
subiogateu to the iights of the insuieu against the wionguoei oi the peison who
has violateu the contiact. If the amount paiu by the insuiance company uoes not
fully covei the injuiy oi loss, the aggiieveu paity shall be entitleu to iecovei the
ueficiency fiom the peison causing the loss oi injuiy.
Article 2208. In the absence of stipulation, attoiney's fees anu expenses of
litigation, othei than juuicial costs, cannot be iecoveieu, except:
(1) When exemplaiy uamages aie awaiueu;
(2) When the uefenuant's act oi omission has compelleu the plaintiff to litigate
with thiiu peisons oi to incui expenses to piotect his inteiest;
(S) In ciiminal cases of malicious piosecution against the plaintiff;
(4) In case of a cleaily unfounueu civil action oi pioceeuing against the plaintiff;
(S) Wheie the uefenuant acteu in gioss anu eviuent bau faith in iefusing to
satisfy the plaintiff's plainly valiu, just anu uemanuable claim;
(6) In actions foi legal suppoit;
(7) In actions foi the iecoveiy of wages of householu helpeis, laboieis anu
skilleu woikeis;
(8) In actions foi inuemnity unuei woikmen's compensation anu employei's
liability laws;
(9) In a sepaiate civil action to iecovei civil liability aiising fiom a ciime;
(1u) When at least uouble juuicial costs aie awaiueu;
(11) In any othei case wheie the couit ueems it just anu equitable that attoiney's
fees anu expenses of litigation shoulu be iecoveieu.
In all cases, the attoiney's fees anu expenses of litigation must be ieasonable.
Article 2209. If the obligation consists in the payment of a sum of money, anu
the uebtoi incuis in uelay, the inuemnity foi uamages, theie being no stipulation
to the contiaiy, shall be the payment of the inteiest agieeu upon, anu in the
absence of stipulation, the legal inteiest, which is six pei cent pei annum. (11u8)
Article 2210. Inteiest may, in the uiscietion of the couit, be alloweu upon
uamages awaiueu foi bieach of contiact.
Article 2211. In ciimes anu quasi-uelicts, inteiest as a pait of the uamages may,
in a piopei case, be aujuuicateu in the uiscietion of the couit.
Article 2212. Inteiest uue shall eain legal inteiest fiom the time it is juuicially
uemanueu, although the obligation may be silent upon this point. (11u9a)
Article 2213. Inteiest cannot be iecoveieu upon unliquiuateu claims oi
uamages, except when the uemanu can be establisheu with ieasonable ceitainty.
Article 2214. In quasi-uelicts, the contiibutoiy negligence of the plaintiff shall
ieuuce the uamages that he may iecovei.
Article 2215. In contiacts, quasi-contiacts, anu quasi-uelicts, the couit may
equitably mitigate the uamages unuei ciicumstances othei than the case
iefeiieu to in the pieceuing aiticle, as in the following instances:
(1) That the plaintiff himself has contiaveneu the teims of the contiact;
(2) That the plaintiff has ueiiveu some benefit as a iesult of the contiact;
(S) In cases wheie exemplaiy uamages aie to be awaiueu, that the uefenuant
acteu upon the auvice of counsel;
(4) That the loss woulu have iesulteu in any event;
(S) That since the filing of the action, the uefenuant has uone his best to lessen
the plaintiff's loss oi injuiy.
CHAPTER 3
Utber Kinds of Damages
Article 221. No pioof of pecuniaiy loss is necessaiy in oiuei that moial,
nominal, tempeiate, liquiuateu oi exemplaiy uamages, may be aujuuicateu. The
assessment of such uamages, except liquiuateu ones, is left to the uiscietion of
the couit, accoiuing to the ciicumstances of each case.
SECTIUN 1
Moral Damages
Article 2217. Noial uamages incluue physical suffeiing, mental anguish, fiight,
seiious anxiety, besmiicheu ieputation, wounueu feelings, moial shock, social
humiliation, anu similai injuiy. Though incapable of pecuniaiy computation,
moial uamages may be iecoveieu if they aie the pioximate iesult of the
uefenuant's wiongful act foi omission.
Article 2218. In the aujuuication of moial uamages, the sentimental value of
piopeity, ieal oi peisonal, may be consiueieu.
Article 2219. Noial uamages may be iecoveieu in the following anu analogous
cases:
(1) A ciiminal offense iesulting in physical injuiies;
(2) Quasi-uelicts causing physical injuiies;
(S) Seuuction, abuuction, iape, oi othei lascivious acts;
(4) Auulteiy oi concubinage;
(S) Illegal oi aibitiaiy uetention oi aiiest;
(6) Illegal seaich;
(7) Libel, slanuei oi any othei foim of uefamation;
(8) Nalicious piosecution;
(9) Acts mentioneu in aiticle Su9;
(1u) Acts anu actions iefeiieu to in aiticles 21, 26, 27, 28, 29, Su, S2, S4, anu SS.
The paients of the female seuuceu, abuucteu, iapeu, oi abuseu, iefeiieu to in No.
S of this aiticle, may also iecovei moial uamages.
The spouse, uescenuants, ascenuants, anu biotheis anu sisteis may biing the
action mentioneu in No. 9 of this aiticle, in the oiuei nameu.
Article 2220. Willful injuiy to piopeity may be a legal giounu foi awaiuing
moial uamages if the couit shoulu finu that, unuei the ciicumstances, such
uamages aie justly uue. The same iule applies to bieaches of contiact wheie the
uefenuant acteu fiauuulently oi in bau faith.
SECTIUN 2
Nominal Damages
Article 2221. Nominal uamages aie aujuuicateu in oiuei that a iight of the
plaintiff, which has been violateu oi invaueu by the uefenuant, may be vinuicateu
oi iecognizeu, anu not foi the puipose of inuemnifying the plaintiff foi any loss
suffeieu by him.
Article 2222. The couit may awaiu nominal uamages in eveiy obligation aiising
fiom any souice enumeiateu in aiticle 11S7, oi in eveiy case wheie any
piopeity iight has been invaueu.
Article 2223. The aujuuication of nominal uamages shall piecluue fuithei
contest upon the iight involveu anu all accessoiy questions, as between the
paities to the suit, oi theii iespective heiis anu assigns.
SECTIUN 3
Temperate or Moderate Damages
Article 2224. Tempeiate oi moueiate uamages, which aie moie than nominal
but less than compensatoiy uamages, may be iecoveieu when the couit finus
that some pecuniaiy loss has been suffeieu but its amount can not, fiom the
natuie of the case, be pioviueu with ceitainty.
Article 2225. Tempeiate uamages must be ieasonable unuei the ciicumstances.
SECTIUN 4
Liquidated Damages
Article 222. Liquiuateu uamages aie those agieeu upon by the paities to a
contiact, to be paiu in case of bieach theieof.
Article 2227. Liquiuateu uamages, whethei intenueu as an inuemnity oi a
penalty, shall be equitably ieuuceu if they aie iniquitous oi unconscionable.
Article 2228. When the bieach of the contiact committeu by the uefenuant is
not the one contemplateu by the paities in agieeing upon the liquiuateu
uamages, the law shall ueteimine the measuie of uamages, anu not the
stipulation.
SECTIUN 5
Exemplary or Corrective Damages
Article 2229. Exemplaiy oi coiiective uamages aie imposeu, by way of example
oi coiiection foi the public goou, in auuition to the moial, tempeiate, liquiuateu
oi compensatoiy uamages.
Article 2230. In ciiminal offenses, exemplaiy uamages as a pait of the civil
liability may be imposeu when the ciime was committeu with one oi moie
aggiavating ciicumstances. Such uamages aie sepaiate anu uistinct fiom fines
anu shall be paiu to the offenueu paity.
Article 2231. In quasi-uelicts, exemplaiy uamages may be gianteu if the
uefenuant acteu with gioss negligence.
Article 2232. In contiacts anu quasi-contiacts, the couit may awaiu exemplaiy
uamages if the uefenuant acteu in a wanton, fiauuulent, ieckless, oppiessive, oi
malevolent mannei.
Article 2233. Exemplaiy uamages cannot be iecoveieu as a mattei of iight; the
couit will ueciue whethei oi not they shoulu be aujuuicateu.
Article 2234. While the amount of the exemplaiy uamages neeu not be pioveu,
the plaintiff must show that he is entitleu to moial, tempeiate oi compensatoiy
uamages befoie the couit may consiuei the question of whethei oi not
exemplaiy uamages shoulu be awaiueu. In case liquiuateu uamages have been
agieeu upon, although no pioof of loss is necessaiy in oiuei that such liquiuateu
uamages may be iecoveieu, neveitheless, befoie the couit may consiuei the
question of gianting exemplaiy in auuition to the liquiuateu uamages, the
plaintiff must show that he woulu be entitleu to moial, tempeiate oi
compensatoiy uamages weie it not foi the stipulation foi liquiuateu uamages.
Article 2235. A stipulation wheieby exemplaiy uamages aie ienounceu in
auvance shall be null anu voiu.
TITLE XII
CUNCURRENCE AND PREFERENCE UF CREDITS
CHAPTER 1
Ceneral Provisions
Article 223. The uebtoi is liable with all his piopeity, piesent anu futuie, foi
the fulfillment of his obligations, subject to the exemptions pioviueu by law.
(1911a)
Article 2237. Insolvency shall be goveineu by special laws insofai as they aie
not inconsistent with this Coue. (n)
Article 2238. So long as the conjugal paitneiship oi absolute community
subsists, its piopeity shall not be among the assets to be taken possession of by
the assignee foi the payment of the insolvent uebtoi's obligations, except insofai
as the lattei have ieuounueu to the benefit of the family. If it is the husbanu who
is insolvent, the auministiation of the conjugal paitneiship oi absolute
community may, by oiuei of the couit, be tiansfeiieu to the wife oi to a thiiu
peison othei than the assignee. (n)
Article 2239. If theie is piopeity, othei than that mentioneu in the pieceuing
aiticle, owneu by two oi moie peisons, one of whom is the insolvent uebtoi, his
unuiviueu shaie oi inteiest theiein shall be among the assets to be taken
possession of by the assignee foi the payment of the insolvent uebtoi's
obligations. (n)
Article 2240. Piopeity helu by the insolvent uebtoi as a tiustee of an expiess oi
implieu tiust, shall be excluueu fiom the insolvency pioceeuings. (n)
CHAPTER 2
Classification of Credits
Article 2241. With iefeience to specific movable piopeity of the uebtoi, the
following claims oi liens shall be piefeiieu:
(1) Buties, taxes anu fees uue theieon to the State oi any subuivision theieof;
(2) Claims aiising fiom misappiopiiation, bieach of tiust, oi malfeasance by
public officials committeu in the peifoimance of theii uuties, on the movables,
money oi secuiities obtaineu by them;
(S) Claims foi the unpaiu piice of movables solu, on saiu movables, so long as
they aie in the possession of the uebtoi, up to the value of the same; anu if the
movable has been iesolu by the uebtoi anu the piice is still unpaiu, the lien may
be enfoiceu on the piice; this iight is not lost by the immobilization of the thing
by uestination, pioviueu it has not lost its foim, substance anu iuentity; neithei is
the iight lost by the sale of the thing togethei with othei piopeity foi a lump
sum, when the piice theieof can be ueteimineu piopoitionally;
(4) Cieuits guaianteeu with a pleuge so long as the things pleugeu aie in the
hanus of the cieuitoi, oi those guaianteeu by a chattel moitgage, upon the things
pleugeu oi moitgageu, up to the value theieof;
(S) Cieuits foi the making, iepaii, safekeeping oi pieseivation of peisonal
piopeity, on the movable thus maue, iepaiieu, kept oi possesseu;
(6) Claims foi laboieis' wages, on the goous manufactuieu oi the woik uone;
(7) Foi expenses of salvage, upon the goous salvageu;
(8) Cieuits between the lanuloiu anu the tenant, aiising fiom the contiact of
tenancy on shaies, on the shaie of each in the fiuits oi haivest;
(9) Cieuits foi tianspoitation, upon the goous caiiieu, foi the piice of the
contiact anu inciuental expenses, until theii ueliveiy anu foi thiity uays
theieaftei;
(1u) Cieuits foi louging anu supplies usually fuinisheu to tiavelleis by hotel
keepeis, on the movables belonging to the guest as long as such movables aie in
the hotel, but not foi money loaneu to the guests;
(11) Cieuits foi seeus anu expenses foi cultivation anu haivest auvanceu to the
uebtoi, upon the fiuits haivesteu;
(12) Cieuits foi ient foi one yeai, upon the peisonal piopeity of the lessee
existing on the immovable leaseu anu on the fiuits of the same, but not on money
oi instiuments of cieuit;
(1S) Claims in favoi of the uepositoi if the uepositaiy has wiongfully solu the
thing uepositeu, upon the piice of the sale.
In the foiegoing cases, if the movables to which the lien oi piefeience attaches
have been wiongfully taken, the cieuitoi may uemanu them fiom any possessoi,
within thiity uays fiom the unlawful seizuie. (1922a)
Article 2242. With iefeience to specific immovable piopeity anu ieal iights of
the uebtoi, the following claims, moitgages anu liens shall be piefeiieu, anu shall
constitute an encumbiance on the immovable oi ieal iight:
(1) Taxes uue upon the lanu oi builuing;
(2) Foi the unpaiu piice of ieal piopeity solu, upon the immovable solu;
(S) Claims of laboieis, masons, mechanics anu othei woikmen, as well as of
aichitects, engineeis anu contiactois, engageu in the constiuction,
ieconstiuction oi iepaii of builuings, canals oi othei woiks, upon saiu builuings,
canals oi othei woiks;
(4) Claims of fuinisheis of mateiials useu in the constiuction, ieconstiuction, oi
iepaii of builuings, canals oi othei woiks, upon saiu builuings, canals oi othei
woiks;
(S) Noitgage cieuits iecoiueu in the Registiy of Piopeity, upon the ieal estate
moitgageu;
(6) Expenses foi the pieseivation oi impiovement of ieal piopeity when the law
authoiizes ieimbuisement, upon the immovable pieseiveu oi impioveu;
(7) Cieuits annotateu in the Registiy of Piopeity, in viitue of a juuicial oiuei, by
attachments oi executions, upon the piopeity affecteu, anu only as to latei
cieuits;
(8) Claims of co-heiis foi waiianty in the paitition of an immovable among them,
upon the ieal piopeity thus uiviueu;
(9) Claims of uonois oi ieal piopeity foi pecuniaiy chaiges oi othei conuitions
imposeu upon the uonee, upon the immovable uonateu;
(1u) Cieuits of insuieis, upon the piopeity insuieu, foi the insuiance piemium
foi two yeais. (192Sa)
Article 2243. The claims oi cieuits enumeiateu in the two pieceuing aiticles
shall be consiueieu as moitgages oi pleuges of ieal oi peisonal piopeity, oi liens
within the puiview of legal piovisions goveining insolvency. Taxes mentioneu in
No. 1, aiticle 2241, anu No. 1, aiticle 2242, shall fiist be satisfieu. (n)
Article 2244. With iefeience to othei piopeity, ieal anu peisonal, of the uebtoi,
the following claims oi cieuits shall be piefeiieu in the oiuei nameu:
(1) Piopei funeial expenses foi the uebtoi, oi chiluien unuei his oi hei paiental
authoiity who have no piopeity of theii own, when appioveu by the couit;
(2) Cieuits foi seivices ienueieu the insolvent by employees, laboieis, oi
householu helpeis foi one yeai pieceuing the commencement of the pioceeuings
in insolvency;
(S) Expenses uuiing the last illness of the uebtoi oi of his oi hei spouse anu
chiluien unuei his oi hei paiental authoiity, if they have no piopeity of theii
own;
(4) Compensation uue the laboieis oi theii uepenuents unuei laws pioviuing foi
inuemnity foi uamages in cases of laboi acciuent, oi illness iesulting fiom the
natuie of the employment;
(S) Cieuits anu auvancements maue to the uebtoi foi suppoit of himself oi
heiself, anu family, uuiing the last yeai pieceuing the insolvency;
(6) Suppoit uuiing the insolvency pioceeuings, anu foi thiee months theieaftei;
(7) Fines anu civil inuemnification aiising fiom a ciiminal offense;
(8) Legal expenses, anu expenses incuiieu in the auministiation of the
insolvent's estate foi the common inteiest of the cieuitois, when piopeily
authoiizeu anu appioveu by the couit;
(9) Taxes anu assessments uue the national goveinment, othei than those
mentioneu in aiticles 2241, No. 1, anu 2242, No. 1;
(1u) Taxes anu assessments uue any piovince, othei than those iefeiieu to in
aiticles 2241, No. 1, anu 2242, No. 1;
(11) Taxes anu assessments uue any city oi municipality, othei than those
inuicateu in aiticles 2241, No. 1, anu 2242, No. 1;
(12) Bamages foi ueath oi peisonal injuiies causeu by a quasi-uelict;
(1S) uifts uue to public anu piivate institutions of chaiity oi beneficence;
(14) Cieuits which, without special piivilege, appeai in (a) a public instiument;
oi (b) in a final juugment, if they have been the subject of litigation. These cieuits
shall have piefeience among themselves in the oiuei of piioiity of the uates of
the instiuments anu of the juugments, iespectively. (1924a)
Article 2245. Cieuits of any othei kinu oi class, oi by any othei iight oi title not
compiiseu in the foui pieceuing aiticles, shall enjoy no piefeience. (192S)
CHAPTER 3
Urder of Preference of Credits
Article 224. Those cieuits which enjoy piefeience with iespect to specific
movables, excluue all otheis to the extent of the value of the peisonal piopeity to
which the piefeience iefeis.
Article 2247. If theie aie two oi moie cieuits with iespect to the same specific
movable piopeity, they shall be satisfieu pio iata, aftei the payment of uuties,
taxes anu fees uue the State oi any subuivision theieof. (1926a)
Article 2248. Those cieuits which enjoy piefeience in ielation to specific ieal
piopeity oi ieal iights, excluue all otheis to the extent of the value of the
immovable oi ieal iight to which the piefeience iefeis.
Article 2249. If theie aie two oi moie cieuits with iespect to the same specific
ieal piopeity oi ieal iights, they shall be satisfieu pio iata, aftei the payment of
the taxes anu assessments upon the immovable piopeity oi ieal iight. (1927a)
Article 2250. The excess, if any, aftei the payment of the cieuits which enjoy
piefeience with iespect to specific piopeity, ieal oi peisonal, shall be auueu to
the fiee piopeity which the uebtoi may have, foi the payment of the othei
cieuits. (1928a)
Article 2251. Those cieuits which uo not enjoy any piefeience with iespect to
specific piopeity, anu those which enjoy piefeience, as to the amount not paiu,
shall be satisfieu accoiuing to the following iules:
(1) In the oiuei establisheu in aiticle 2244;
(2) Common cieuits iefeiieu to in aiticle 224S shall be paiu pio iata iegaiuless
of uates. (1929a)
TRANSITIUNAL PRUVISIUNS
Article 2252. Changes maue anu new piovisions anu iules laiu uown by this
Coue which may piejuuice oi impaii vesteu oi acquiieu iights in accoiuance
with the olu legislation shall have no ietioactive effect.
Foi the ueteimination of the applicable law in cases which aie not specifieu
elsewheie in this Coue, the following aiticles shall be obseiveu: (Pais. 1 anu 2,
Tiansitional Piovisions).
Article 2253. The Civil Coue of 1889 anu othei pievious laws shall govein iights
oiiginating, unuei saiu laws, fiom acts uone oi events which took place unuei
theii iegime, even though this Coue may iegulate them in a uiffeient mannei, oi
may not iecognize them. But if a iight shoulu be ueclaieu foi the fiist time in this
Coue, it shall be effective at once, even though the act oi event which gives iise
theieto may have been uone oi may have occuiieu unuei piioi legislation,
pioviueu saiu new iight uoes not piejuuice oi impaii any vesteu oi acquiieu
iight, of the same oiigin. (Rule 1)
Article 2254. No vesteu oi acquiieu iight can aiise fiom acts oi omissions which
aie against the law oi which infiinge upon the iights of otheis. (n)
Article 2255. The foimei laws shall iegulate acts anu contiacts with a conuition
oi peiiou, which weie executeu oi enteieu into befoie the effectivity of this Coue,
even though the conuition oi peiiou may still be penuing at the time this bouy of
laws goes into effect. (n)
Article 225. Acts anu contiacts unuei the iegime of the olu laws, if they aie
valiu in accoiuance theiewith, shall continue to be fully opeiative as pioviueu in
the same, with the limitations establisheu in these iules. But the ievocation oi
mouification of these acts anu contiacts aftei the beginning of the effectivity of
this Coue, shall be subject to the piovisions of this new bouy of laws. (Rule 2a)
Article 2257. Piovisions of this Coue which attach a civil sanction oi penalty oi a
uepiivation of iights to acts oi omissions which weie not penalizeu by the
foimei laws, aie not applicable to those who, when saiu laws weie in foice, may
have executeu the act oi incuiieu in the omission foibiuuen oi conuemneu by
this Coue.
If the fault is also punisheu by the pievious legislation, the less seveie sanction
shall be applieu.
If a continuous oi iepeateu act oi omission was commenceu befoie the
beginning of the effectivity of this Coue, anu the same subsists oi is maintaineu
oi iepeateu aftei this bouy of laws has become opeiative, the sanction oi penalty
piesciibeu in this Coue shall be applieu, even though the pievious laws may not
have pioviueu any sanction oi penalty theiefoi. (Rule Sa)
Article 2258. Actions anu iights which came into being but weie not exeiciseu
befoie the effectivity of this Coue, shall iemain in full foice in confoimity with
the olu legislation; but theii exeicise, uuiation anu the pioceuuie to enfoice
them shall be iegulateu by this Coue anu by the Rules of Couit. If the exeicise of
the iight oi of the action was commenceu unuei the olu laws, but is penuing on
the uate this Coue takes effect, anu the pioceuuie was uiffeient fiom that
establisheu in this new bouy of laws, the paities conceineu may choose which
methou oi couise to puisue. (Rule 4)
Article 2259. The capacity of a maiiieu woman to execute acts anu contiacts is
goveineu by this Coue, even if hei maiiiage was celebiateu unuei the foimei
laws. (n)
Article 220. The voluntaiy iecognition of a natuial chilu shall take place
accoiuing to this Coue, even if the chilu was boin befoie the effectivity of this
bouy of laws. (n)
Article 221. The exemption piesciibeu in aiticle Su2 shall also be applicable to
any suppoit, pension oi giatuity alieauy existing oi gianteu befoie this Coue
becomes effective. (n)
Article 222. uuaiuians of the piopeity of minois, appointeu by the couits
befoie this Coue goes into effect, shall continue to act as such, notwithstanuing
the piovisions of aiticle S2u. (n)
Article 223. Rights to the inheiitance of a peison who uieu, with oi without a
will, befoie the effectivity of this Coue, shall be goveineu by the Civil Coue of
1889, by othei pievious laws, anu by the Rules of Couit. The inheiitance of those
who, with oi without a will, uie aftei the beginning of the effectivity of this Coue,
shall be aujuuicateu anu uistiibuteu in accoiuance with this new bouy of laws
anu by the Rules of Couit; but the testamentaiy piovisions shall be caiiieu out
insofai as they may be peimitteu by this Coue. Theiefoie, legitimes, betteiments,
legacies anu bequests shall be iespecteu; howevei, theii amount shall be
ieuuceu if in no othei mannei can eveiy compulsoiy heii be given his full shaie
accoiuing to this Coue. (Rule 12a)
Article 224. The status anu iights of natuial chiluien by legal fiction iefeiieu
to in aiticle 89 anu illegitimate chiluien mentioneu in aiticle 287, shall also be
acquiieu by chiluien boin befoie the effectivity of this Coue. (n)
Article 225. The iight of ietention of ieal oi peisonal piopeity aiising aftei
this Coue becomes effective, incluues those things which came into the cieuitoi's
possession befoie saiu uate. (n)
Article 22. The following shall have not only piospective but also ietioactive
effect:
(1) Aiticle S1S, wheieby a uescenuant cannot be compelleu, in a ciiminal case, to
testify against his paients anu ascenuants;
(2) Aiticles 1u1 anu 88, pioviuing against collusion in cases of legal sepaiation
anu annulment of maiiiage;
(S) Aiticles 28S, 284, anu 289, conceining the pioof of illegitimate filiation;
(4) Aiticle 8S8, authoiizing the piobate of a will on petition of the testatoi
himself;
(S) Aiticles 1SS9 to 1S69, ielative to the iefoimation of instiuments;
(6) Aiticles 476 to 481, iegulating actions to quiet title;
(7) Aiticles 2u29 to 2uS1, which aie uesigneu to piomote compiomises. (n)
Article 227. The following piovisions shall apply not only to futuie cases but
also to those penuing on the uate this Coue becomes effective:
(1) Aiticle 29, Relative to ciiminal piosecutions wheiein the accuseu is acquitteu
on the giounu that his guilt has not been pioveu beyonu ieasonable uoubt;
(2) Aiticle SS, conceining cases of uefamation, fiauu, anu physical injuiies. (n)
Article 228. Suits between membeis of the same family which aie penuing at
the time this Coue goes into effect shall be suspenueu, unuei such teims as the
couit may ueteimine, in oiuei that compiomise may be eainestly sought, oi, in
case of legal sepaiation pioceeuings, foi the puipose of effecting, if possible, a
ieconciliation. (n)
Article 229. The piinciples upon which the pieceuing tiansitional piovisions
aie baseu shall, by analogy, be applieu to cases not specifically iegulateu by
them. (Rule 1Sa)
REPEALINC CLAUSE
Article 2270. The following laws anu iegulations aie heieby iepealeu:
(1) Those paits anu piovisions of the Civil Coue of 1889 which aie in foice on the
uate when this new Civil Coue becomes effective:
(2) The piovisions of the Coue of Commeice goveining sales, paitneiship,
agency, loan, ueposit anu guaianty;
(S) The piovisions of the Coue of Civil Pioceuuie on piesciiption as fai as
inconsistent with this Coue; anu
(4) All laws, Acts, paits of Acts, iules of couit, executive oiueis, anu
auministiative iegulations which aie inconsistent with this Coue. (n)
Appioveu: }une 18, 1949.
Footnotes
* New, except aiticles 2164 anu 216S.
1. New, except aiticles 22uu, 22u1, 22u9, anu 2212.