(n). (1156a), ARTICLE 1232. This contract shall be governed by the following articles as well as by the pertinent provisions on warranty of title and against hidden defects and the payment of price in a contract of sale. ARTICLE 28. (n), ARTICLE 2179. In the direct line, ascent is made to the common ancestor. (928a), ARTICLE 977. (1894a), ARTICLE 2165. The obligation of a person who borrows money shall be governed by the provisions of articles 1249 and 1250 of this Code. (1737a), ARTICLE 1930. (n). If there was fault on the part of any one of them, all shall be responsible to the creditor, for the price and the payment of damages and interest, without prejudice to their action against the guilty or negligent debtor. ARTICLE 1740. The courts may, in cases specified by law, deprive parents of their authority. The owner, or any person who by virtue of a real right may cultivate or use any immovable, which is surrounded by other immovables pertaining to other persons and without adequate outlet to a public highway, is entitled to demand a right of way through the neighboring estates, after payment of the proper indemnity. (475), ARTICLE 571. (n), ARTICLE 1487. (1042a), ARTICLE 1069. A public nuisance affects a community or neighborhood or any considerable number of persons, although the extent of the annoyance, danger or damage upon individuals may be unequal. The creditors of the vendor cannot make use of the right of redemption against the vendee, until after they have exhausted the property of the vendor. The remaining third shall be at the free disposal of the testator. ARTICLE 821. When the laws speak of years, months, days or nights, it shall be understood that years are of three hundred sixty-five days each; months, of thirty days; days, of twenty-four hours; and nights from sunset to sunrise. (n). (1277), ARTICLE 1355. ARTICLE 586. Nevertheless, damages shall be paid if the obligor refuses to pay the penalty or is guilty of fraud in the fulfillment of the obligation. ARTICLE 2210. ARTICLE 45. (1808), ARTICLE 2028. Those obliged to deliver or to do something incur in delay from the time the obligee judicially or extrajudicially demands from them the fulfillment of their obligation. (954a), ARTICLE 1010. (1841a), ARTICLE 2070. (1780). If it has been constituted, and before the expiration of such period the town is abandoned, or the corporation or association is dissolved, the usufruct shall be extinguished by reason thereof. No marriage license shall be issued to a widow till after three hundred days following the death of her husband, unless in the meantime she has given birth to a child. Every partner is responsible to the partnership for damages suffered by it through his fault, and he cannot compensate them with the profits and benefits which he may have earned for the partnership by his industry. In contracts and quasi-contracts, the court may award exemplary damages if the defendant acted in a wanton, fraudulent, reckless, oppressive, or malevolent manner. ARTICLE 1723. Whoever finds a movable, which is not treasure, must return it to its previous possessor. An adopted child shall bear the surname of the adopter. The husband or the wife may ask for the separation of property, and it shall be decreed when the spouse of the petitioner has been sentenced to a penalty which carries with it civil interdiction, or has been declared absent, or when legal separation has been granted. The action already commenced by the child is transmitted upon his death to the heirs, if the proceeding has not yet lapsed. One who has no compulsory heirs may dispose by will of all his estate or any part of it in favor of any person having capacity to succeed. Those who pay for the insolvent heir shall have a right of action against him for reimbursement, should his financial condition improve. The mortgage extends to the natural accessions, to the improvements, growing fruits, and the rents or income not yet received when the obligation becomes due, and to the amount of the indemnity granted or owing to the proprietor from the insurers of the property mortgaged, or in virtue of expropriation for public use, with the declarations, amplifications and limitations established by law, whether the estate remains in the possession of the mortgagor, or it passes into the hands of a third person. (750a), ARTICLE 846. Testamentary succession is that which results from the designation of an heir, made in a will executed in the form prescribed by law. (1432a). (1851a), ARTICLE 2080. ARTICLE 2040. The exhibition of baptismal or birth certificates shall not be required if the parents of the contracting parties appear personally before the local civil registrar concerned and swear to the correctness of the lawful age of said parties, as stated in the application, or when the local civil registrar shall, by merely looking at the applicants upon their personally appearing before him, be convinced that either or both of them have the required age. When the principal obligation is extinguished in consequence of a novation, accessory obligations may subsist only insofar as they may benefit third persons who did not give their consent. (n), ARTICLE 2260. (991). Payment made to the creditor by the debtor after the latter has been judicially ordered to retain the debt shall not be valid. Two or more persons may also form a partnership for the exercise of a profession. (n). In the cases referred to in this article, all the property brought in shall be deemed to be newly contributed, even though all or some may be the same which existed before the liquidation effected by reason of the separation. (569a). ARTICLE 2257. An easement or servitude is an encumbrance imposed upon an immovable for the benefit of another immovable belonging to a different owner. Pigeons and fish which from their respective breeding places pass to another pertaining to a different owner shall belong to the latter, provided they have not been enticed by some article or fraud. In a contract where both parties are incapable of giving consent, express or implied ratification by the parent, or guardian, as the case may be, of one of the contracting parties shall give the contract the same effect as if only one of them were incapacitated. The creditor cannot use the thing pledged, without the authority of the owner, and if he should do so, or should misuse the thing in any other way, the owner may ask that it be judicially or extrajudicially deposited. An implied warranty or condition as to the quality or fitness for a particular purpose may be annexed by the usage of trade. The adopter shall not be a legal heir of the adopted person, whose parents by nature shall inherit from him. The indivisibility of a pledge or mortgage is not affected by the fact that the debtors are not solidarily liable. To the first class belong those movables which cannot be used in a manner appropriate to their nature without their being consumed; to the second class belong all the others. Adultery is committed by a married woman and her paramour who knows her to be married. (382). (n), ARTICLE 715. (994), ARTICLE 1047. For concubinage, the husband may be imprisoned for up to 4 years and 1 day, while his concubine may be merely “banished” but may not be imprisoned. (344a), ARTICLE 425. The income corresponding to the year in which the person enjoying it dies shall be paid in proportion to the days during which he lived; if the income should be paid by installments in advance, the whole amount of the installment which began to run during his life shall be paid. Incidental fraud only obliges the person employing it to pay damages. (564a), ARTICLE 650. (n), ARTICLE 342. Any stipulation to the contrary shall be void. If the mass contains less than the number, weight or measure bought, the buyer becomes the owner of the whole mass and the seller is bound to make good the deficiency from goods of the same kind and quality, unless a contrary intent appears. The latter, on the other hand, is not obliged to warrant the things donated, save when the donation is onerous, in which case the donor shall be liable for eviction to the concurrence of the burden. If two or more animals are sold together, whether for a lump sum or for a separate price for each of them, the redhibitory defect of one shall only give rise to its redhibition, and not that of the others; unless it should appear that the vendee would not have purchased the sound animal or animals without the defective one. This prohibition does not apply when the donation takes effect after the death of the donor. Hidden treasure belongs to the owner of the land, building, or other property on which it is found. ARTICLE 1978. (633), Effect of Donations and Limitations Thereon, ARTICLE 750. (1855). Those who put their labor upon or furnish materials for a piece of work undertaken by the contractor have an action against the owner up to the amount owing from the latter to the contractor at the time the claim is made. (n) PaEeui, ARTICLE 145. (933), ARTICLE 983. Legacies of money must be paid in cash, even though the heir or the estate may not have any. The retirement, death, insolvency, insanity or civil interdiction of a general partner dissolves the partnership, unless the business is continued by the remaining general partners: (1) Under a right so to do stated in the certificate, or. Extra-judicial Creation of the Family Home. When a testate or intestate heir voluntarily pays a debt of the decedent exceeding the value of the property which he received by will or by the law of intestacy from the estate of the deceased, the payment is valid and cannot be rescinded by the payer. ARTICLE 2228. The owner of a parcel of land is the owner of its surface and of everything under it, and he can construct thereon any works or make any plantations and excavations which he may deem proper, without detriment to servitudes and subject to special laws and ordinances. Any stipulation permitting distances less than those prescribed in article 670 is void. If, however, the buyer has used or disposed of the goods delivered before he knows that the seller is not going to perform his contract in full, the buyer shall not be liable for more than the fair value to him of the goods so received. So long as the conjugal partnership or absolute community subsists, its property shall not be among the assets to be taken possession of by the assignee for the payment of the insolvent debtor’s obligations, except insofar as the latter have redounded to the benefit of the family. ARTICLE 1738. (33a). In case of loss, deterioration or improvement of the thing before its delivery, the rules in article 1189 shall be observed, the vendor being considered the debtor. Should the provisions of the preceding article be impracticable, if the property donated was immovable, the co-heirs shall be entitled to receive its equivalent in cash or securities, at the rate of quotation; and should there be neither cash nor marketable securities in the estate, so much of the other property as may be necessary shall be sold at public auction. No custom, practice or agreement which is destructive of the family shall be recognized or given any effect. The appointment of arbitrators and the procedure for arbitration shall be governed by the provisions of such rules of court as the Supreme Court shall promulgate. ARTICLE 1912. The former laws shall regulate acts and contracts with a condition or period, which were executed or entered into before the effectivity of this Code, even though the condition or period may still be pending at the time this body of laws goes into effect. (n), ARTICLE 803. Whenever the owner of the material employed without his consent has a right to an indemnity, he may demand that this consist in the delivery of a thing equal in kind and value, and in all other respects, to that employed, or else in the price thereof, according to expert appraisal. (1272), ARTICLE 1349. When a marriage is annulled, the court shall award the custody of the children as it may deem best, and make provision for their education and support. A creditor whose debtor is the owner of a negotiable document of title shall be entitled to such aid from courts of appropriate jurisdiction by injunction and otherwise in attaching such document or in satisfying the claim by means thereof as is allowed at law or in equity in regard to property which cannot readily be attached or levied upon by ordinary legal process. ARTICLE 2113. (983a), ARTICLE 1018. (1438). However, the owners of the lands adjoining the old bed shall have the right to acquire the same by paying the value thereof, which value shall not exceed the value of the area occupied by the new bed. (338). ARTICLE 1388. If the testator, heir, or legatee owns only a part of, or an interest in the thing bequeathed, the legacy or devise shall be understood limited to such part or interest, unless the testator expressly declares that he gives the thing in its entirety. (143a), ARTICLE 292. Guardians of the property of minors, appointed by the courts before this Code goes into effect, shall continue to act as such, notwithstanding the provisions of article 320. (850), ARTICLE 918. (436), ARTICLE 530. ARTICLE 1693. (n), ARTICLE 1219. (1679). The following persons shall exercise substitute parental authority: (3) Heads of children’s homes, orphanages, and similar institutions; (4) Directors of trade establishments, with regard to apprentices; ARTICLE 350. (1839), ARTICLE 2068. ARTICLE 1484. ARTICLE 1700. AN ACT DEFINING VIOLENCE AGAINST WOMEN AND THEIR CHILDREN, PROVIDING FOR PROTECTIVE MEASURES FOR VICTIMS, PRESCRIBING PENALTIES THEREFORE, AND FOR OTHER PURPOSES. The head of the family shall treat the house helper in a just and humane manner. However, the contracting parties may by stipulation capitalize the interest due and unpaid, which as added principal, shall earn new interest. When the law fixes, or authorizes the fixing of the maximum number of hours of labor, and a contract is entered into whereby a laborer undertakes to work longer than the maximum thus fixed, he may demand additional compensation for service rendered beyond the time limit. (n). According to UCA News, then Senator Jose Lina Jr. had finished several bills related to adultery. Common carriers are liable for the death of or injuries to passengers through the negligence or wilful acts of the former’s employees, although such employees may have acted beyond the scope of their authority or in violation of the orders of the common carriers. If the legacy or devise is of a specific and determinate thing pertaining to the testator, the legatee or devisee acquires the ownership thereof upon the death of the testator, as well as any growing fruits, or unborn offspring of animals, or uncollected income; but not the income which was due and unpaid before the latter’s death. (834a). Whenever by provision of the law, or an individual declaration, the expression “immovable things or property,” or “movable things or property,” is used, it shall be deemed to include, respectively, the things enumerated in Chapter 1 and in Chapter 2. (n), ARTICLE 1953. The remission of the whole obligation, obtained by one of the solidary debtors, does not entitle him to reimbursement from his co-debtors. The legacy or devise of a thing belonging to another person is void, if the testator erroneously believed that the thing pertained to him. Useful expenses shall be refunded only to the possessor in good faith with the same right of retention, the person who has defeated him in the possession having the option of refunding the amount of the expenses or of paying the increase in value which the thing may have acquired by reason thereof. The partnership books shall be kept, subject to any agreement between the partners, at the principal place of business of the partnership, and every partner shall at any reasonable hour have access to and may inspect and copy any of them. ARTICLE 629. The Registry of Property has for its object the inscription or annotation of acts and contracts relating to the ownership and other rights over immovable property. However, all the fruits and income of the foregoing classes of property shall be included in the community. This public document shall be recorded in the Registry of Property. The usufructuary is obliged to make the ordinary repairs needed by the thing given in usufruct. (1264), ARTICLE 1330. (n), ARTICLE 1181. Subrogation transfers to the person subrogated the credit with all the rights thereto appertaining, either against the debtor or against third persons, be they guarantors or possessors of mortgages, subject to stipulation in a conventional subrogation. (1449a), ARTICLE 1474. (n), ARTICLE 2046. Misrepresentation made in good faith is not fraudulent but may constitute error. Should there be no inscription, the ownership shall pertain to the person who in good faith was first in the possession; and, in the absence thereof, to the person who presents the oldest title, provided there is good faith. (n). (1445a), ARTICLE 1459. Buildings constructed, at the expense of the partnership, during the marriage on land belonging to one of the spouses, also pertain to the partnership, but the value of the land shall be reimbursed to the spouse who owns the same. ARTICLE 1479. All property of the conjugal partnership of gains is owned in common by the husband and wife. (187a), ARTICLE 388. The ownership of a piece of land cannot be acquired by occupation. (6) Submit a partnership claim or liability to arbitration; No act of a partner in contravention of a restriction on authority shall bind the partnership to persons having knowledge of the restriction. ARTICLE 2270. (1138a), ARTICLE 1209. (1754a), ARTICLE 1956. Any capitalist partner violating this prohibition shall bring to the common funds any profits accruing to him from his transactions, and shall personally bear all the losses. In case the future spouses agree in the marriage settlements that the system of absolute community shall govern their property relations during marriage, the following provisions shall be of supplementary application. Illegal or impossible conditions in simple and remuneratory donations shall be considered as not imposed. The party suffering loss or injury must exercise the diligence of a good father of a family to minimize the damages resulting from the act or omission in question. Any marriage subsequently contracted by any person during the lifetime of the first spouse of such person with any person other than such first spouse shall be illegal and void from its performance, unless: (1) The first marriage was annulled or dissolved; or, (2) The first spouse had been absent for seven consecutive years at the time of the second marriage without the spouse present having news of the absentee being alive, or if the absentee, though he has been absent for less than seven years, is generally considered as dead and believed to be so by the spouse present at the time of contracting such subsequent marriage, or if the absentee is presumed dead according to articles 390 and 391. (405), ARTICLE 500. An extrajudicial deposit is either voluntary or necessary. ARTICLE 311. (n), ARTICLE 98. All marriages performed outside the Philippines in accordance with the laws in force in the country where they were performed, and valid there as such, shall also be valid in this country, except bigamous, polygamous, or incestuous marriages as determined by Philippine law. (n), ARTICLE 1931. A married woman of age may repudiate an inheritance without the consent of her husband. (582a), ARTICLE 671. (1077a), ARTICLE 1102. ARTICLE 2253. In a sale with a right to repurchase, the vendee of a part of an undivided immovable who acquires the whole thereof in the case of article 498, may compel the vendor to redeem the whole property, if the latter wishes to make use of the right of redemption. (1448), ARTICLE 1473. ARTICLE 954. (n). With respect to those which personally belong to the others, he may avail himself thereof only as regards that part of the debt for which the latter are responsible. A will made in the Philippines by a citizen or subject of another country, which is executed in accordance with the law of the country of which he is a citizen or subject, and which might be proved and allowed by the law of his own country, shall have the same effect as if executed according to the laws of the Philippines. 1 and 2 of the preceding article are governed by the laws creating or recognizing them. The payment of debts contracted by the husband or the wife before the marriage shall not be charged to the conjugal partnership. The courts may, however, increase or moderate the indemnity according to the circumstances of each case. ARTICLE 952. 8533 [Approved February 23, 1998]). With the exception of moderate donations for charity, neither husband nor wife can donate any property of the conjugal partnership without the consent of the other. ARTICLE 1741. (1475a), ARTICLE 1549. ARTICLE 1539. They shall not prejudice third persons unless they are recorded in the Registry of Property. (152a), ARTICLE 304. (1545a), ARTICLE 1646. In the adjudication of moral damages, the sentimental value of property, real or personal, may be considered. (542), ARTICLE 626. The will of an alien who is abroad produces effect in the Philippines if made with the formalities prescribed by the law of the place in which he resides, or according to the formalities observed in his country, or in conformity with those which this Code prescribes. He may demand the sale of only as many of the things as are necessary for the payment of the debt. Responsibility arising from negligence in the performance of every kind of obligation is also demandable, but such liability may be regulated by the courts, according to the circumstances. Any one who does not wish to contribute may exempt himself by renouncing the easement for the benefit of the others. In such cases the testamentary dispositions made in accordance with law shall be complied with and the remainder of the estate shall pass to the legal heirs. (n). The absentee shall not be presumed dead for the purpose of opening his succession till after an absence of ten years. This same presumption exists if the thing pledged is in the possession of a third person who has received it from the pledgor or owner after the constitution of the pledge. In order that fraud may make a contract voidable, it should be serious and should not have been employed by both contracting parties. If months are designated by their name, they shall be computed by the number of days which they respectively have. (1890a). Payment by reason of a mistake in the construction or application of a doubtful or difficult question of law may come within the scope of the preceding article. If through a fortuitous event, the thing is lost or the performance has become impossible after one of the solidary debtors has incurred in delay through the judicial or extrajudicial demand upon him by the creditor, the provisions of the preceding paragraph shall apply. ARTICLE 33. ARTICLE 1190. ARTICLE 176. Minority, insanity or imbecility, the state of being a deaf-mute, prodigality and civil interdiction are mere restrictions on capacity to act, and do not exempt the incapacitated person from certain obligations, as when the latter arise from his acts or from property relations, such as easements. In the first case, the provisions of articles 1317, 1403, No.