Customs which are contrary to law, public order or public policy shall not be countenanced. 2166. When the acts referred to are executed before the diplomatic or consular officials of the Republic of the Philippines in a foreign country, the solemnities established by Philippine laws shall be observed in their execution. By the contract of partnership two or more persons bind themselves to contribute money, property, or industry to a common fund, with the intention of dividing the profits among themselves. The sources of the Spanish legal system are statutes, customs and general legal principles. Art. AN ACT TO ORDAIN AND INSTITUTE THE CIVIL CODE OF THE PHILIPPINES. 4. He shall be exempt from the obligation to restore who, believing in good faith that the payment was being made of a legitimate and subsisting claim, destroyed the document, or allowed the action to prescribe, or gave up the pledges, or cancelled the guaranties for his right. PRELIMINARY TITLE CHAPTER I EFFECT AND APPLICATION OF LAWS . 1181. The civil action herein recognized shall be independent of any criminal proceedings, and a preponderance of evidence shall suffice to support such action. 2174. BOOK IV OBLIGATIONS AND CONTRACTS Title. MAIN INDEX: Preliminary Title Articles 1-36: Book One Articles 37-413: Book Two Articles 414-711: Book Three Articles 712-1155: Book Four Articles 1156-2270: Read the full text of the Civil Code of the Philippines contained in one web page. The courts may, however, increase or moderate the indemnity according to the circumstances of each case. (n), Art. Art. 13. Art. This burden of proof on the lessee does not apply when the destruction is due to earthquake, flood, storm or other natural calamity. 2088. (n) SECTION 2. Judicial decisions applying or interpreting the laws or the Constitution shall form a part of the legal system of the Philippines. Upon the defendant's motion, the court may require the plaintiff to file a bond to indemnify the defendant in case the complaint should be found to be malicious. Rights & Obligations Between Husband & Wife, 06. (1a), Art. When the government, upon the failure of any person to comply with health or safety regulations concerning property, undertakes to do the necessary work, even over his objection, he shall be liable to pay the expenses. This juridical relation does not arise in either of these instances: (1) When the property or business is not neglected or abandoned; (2) If in fact the manager has been tacitly authorized by the owner. Art. Upon motion of the defendant, the court may require the plaintiff to file a bond to answer for damages in case the complaint should be found to be malicious. Title XVII. When during a fire, flood, storm, or other calamity, property is saved from destruction by another person without the knowledge of the owner, the latter is bound to pay the former just compensation. Art. 16. The officious manager is personally liable for contracts which he has entered into with third persons, even though he acted in the name of the owner, and there shall be no right of action between the owner and third persons. 15. 22. 36. Penal laws and those of public security and safety shall be obligatory upon all who live or sojourn in the Philippine territory, subject to the principles of public international law and to treaty stipulations. However, intestate and testamentary successions, both with respect to the order of succession and to the amount of successional rights and to the intrinsic validity of testamentary provisions, shall be regulated by the national law of the person whose succession is under consideration, whatever may be the nature of the property and regardless of the country wherein said property may be found. 8. As regards the reimbursement for improvements and expenses incurred by him who unduly received the thing, the provisions of Title V of Book II shall govern. (n), Art. 33. (1890a). 2161. Art. Agency Chapter 1: Nature, Form and Kinds of Agency from the story Book IV: Civil Code of the Philippines by thebeststar with 8,079 reads. Art. 30. 7. 2154. 2. This Act shall be known as the "Civil Code of the Philippines." 2164. (11a), Art. THE CIVIL CODE OF THE PHILIPPINES FEATURES: Preliminary Title (Articles 1 – 36) States the title itself, effects and application of laws. The provisions of this article apply when the father or mother of a child under eighteen years of age unjustly refuses to support him. I. Exemplary damages may also be adjudicated. Thoughtless extravagance in expenses for pleasure or display during a period of acute public want or emergency may be stopped by order of the courts at the instance of any government or private charitable institution. (n) Art. Laws are repealed only by subsequent ones, and their violation or non-observance shall not be excused by disuse, or custom or practice to the contrary. (1897), Art. Judicial decisions applying or interpreting the laws or the Constitution shall form a part of the legal system of the Philippines. The Civil Code is divided into four “books”, with each specific book namely: 2147. Obligations arise from: (1) Law; (2) Contracts; (3) Quasi-contracts; (4) Acts or omissions punished by … Art. This Act shall be known as the Civil Code of the Philippines. Every person who through an act of performance by another, or any other means, acquires or comes into possession of something at the expense of the latter without just or legal ground, shall return the same to him. (2) When the officious manager withdraws from the management, subject to the provisions of Article 2144; (3) By the death, civil interdiction, insanity or insolvency of the owner or the officious manager. 2152. Civil Code of the Philippines ARTICLE 1767. The responsibility of two or more officious managers shall be solidary, unless the management was assumed to save the thing or business from imminent danger. Even when an act or event causing damage to another's property was not due to the fault or negligence of the defendant, the latter shall be liable for indemnity if through the act or event he was benefited. (n) Art. (n). The following and similar acts, though they may not constitute a criminal offense, shall produce a cause of action for damages, prevention and other relief: (1) Prying into the privacy of another's residence: (2) Meddling with or disturbing the private life or family relations of another; (3) Intriguing to cause another to be alienated from his friends; (4) Vexing or humiliating another on account of his religious beliefs, lowly station in life, place of birth, physical defect, or other personal condition. When in a small community a nationality of the inhabitants of age decide upon a measure for protection against lawlessness, fire, flood, storm or other calamity, any one who objects to the plan and refuses to contribute to the expenses but is benefited by the project as executed shall be liable to pay his share of said expenses. 28 -- Labor Code of the Philippines. Although the officious management may not have been expressly ratified, the owner of the property or business who enjoys the advantages of the same shall be liable for obligations incurred in his interest, and shall reimburse the officious manager for the necessary and useful expenses and for the damages which the latter may have suffered in the performance of his duties. Property Relations Between Husband & Wife, Book 2: Property. - PLEDGE, MORTGAGE AND ANTICHRESISCHAPTER 1PROVISIONS COMMON TO PLEDGE AND MORTGAGEArt. (1858) Art. A person’s uninterrupted adverse possession of patrimonial property for at least 30 years, regardless of good faith or just title, ripens into ownership pursuant to Art. Art. 2145. The right of every possessor in good faith to reimbursement for necessary and useful expenses is governed by Article 546. 2150. Article 1. (1) If the husband is a citizen of the Philippines while the wife is a foreigner, the provisions of this Code shall govern their relations; (2) If the husband is a foreigner and the wife is a citizen of the Philippines, the laws of the husband's country shall be followed, without prejudice to the provisions of this Code with regard to immovable property. In case either or both of the contracting parties, being neither widowed nor divorced, are less than twenty years of age as regards the male and less than eighteen years as regards the female, they shall, in addition to the requirements of the preceding articles, exhibit to the local civil registrar, the consent to their marriage, of their father, mother or guardian, or persons having legal charge of them, in the order mentioned. Said article provides, ART. This is a new provision taken from common law. Any provisions which contradict another of higher rank shall be invalid. (1959a) Art. Art. 2165. Art. 2151. Art. Art. It is presumed that there was a mistake in the payment if something which had never been due or had already been paid was delivered; but he from whom the return is claimed may prove that the delivery was made out of liberality or for any other just cause. Laws relating to family rights and duties, or to the status, condition and legal capacity of persons are binding upon citizens of the Philippines, even though living abroad. Art. The officious manager shall be liable for any fortuitous event: (1) If he undertakes risky operations which the owner was not accustomed to embark upon; (2) If he has preferred his own interest to that of the owner; (3) If he fails to return the property or business after demand by the owner; (4) If he assumed the management in bad faith. The responsibility herein set forth is not demandable from a judge unless his act or omission constitutes a violation of the Penal Code or other penal statute. Laws shall take effect after fifteen days following the completion of their publication in the Official Gazette, unless it is otherwise provided. The Civil Code of the Philippines. 1157. Article 527 of the Civil Code presumes good faith, and since no proof exists to show that the mistake was done by petitioners in bad faith, the latter should be presumed to have built the house in good faith. 2153. 2168. (1895), Art. 448. (1896a), Art. school, law. (n), Art. The forms and solemnities of contracts, wills, and other public instruments shall be governed by the laws of the country in which they are executed. 17. Dr. Jorge C. Bocobo was the … When, without the knowledge of the person obliged to give support, it is given by a stranger, the latter shall have a right to claim the same from the former, unless it appears that he gave it out of piety and without intention of being repaid. (1889a). Art. Art. 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