892. Males above twenty but under twenty-five years of age, or females above eighteen but under twenty-three years of age, shall be obliged to ask their parents or guardian for advice upon the intended marriage. (3) By the condonation or remission of the debt; (4) By the confusion or merger of the rights of creditor and debtor; Art. (583). Art. Willie did not have a previous history of criminal activity. Art. (1187). A parent who, in the interest of his or her family, desires to keep any agricultural, industrial, or manufacturing enterprise intact, may avail himself of the right granted him in this article, by ordering that the legitime of the other children to whom the property is not assigned, be paid in cash. 767. 2135. (1144a). (1719), Art. 2189. (942-841a), Art. 1391. This wasn’t the first time Terre Haute received such attention nor was it the longest time the country has gone without a federal execution. twitter facebook instagram. The owner of domesticated animals may also claim them within twenty days to be counted from their occupation by another person. – All kinds of bail are subject to the following conditions: (a) The undertaking shall be effective upon approval, and unless cancelled, shall remain in force at all stages of the case until promulgation of the judgment of the Regional Trial Court, irrespective of whether the case was originally filed in or appealed to it; Submit your story on our web site for free, for millions to see. (1302a). 2137. However, the family home shall under no circumstances be donated as long as there are beneficiaries. 707. 624. Any compulsory heir to whom the testator has left by any title less than the legitime belonging to him may demand that the same be fully satisfied. You may visit us at the 16th Flr., Suite 1607 AIC Burgundy Empire Tower, ADB Ave., Ortigas Center, 1605 Pasig City, Metro Manila, Philippines. (n), Art. Once it is set, you can likely contact a bail bond company who can post it … 134. Art. (522a), The immovable in favor of which the easement is established is called the dominant estate; that which is subject thereto, the servient estate. A conveyance by a partner of his whole interest in the partnership does not of itself dissolve the partnership, or, as against the other partners in the absence of agreement, entitle the assignee, during the continuance of the partnership, to interfere in the management or administration of the partnership business or affairs, or to require any information or account of partnership transactions, or to inspect the partnership books; but it merely entitles the assignee to receive in accordance with his contract the profits to which the assigning partner would otherwise be entitled. The court shall take measures to enforce this provision. 1176. Art. The creditor does not acquire the ownership of the real estate for non-payment of the debt within the period agreed upon. (n), Art. (1460a). A sub-surety in the same case, cannot demand the exhaustion of the property of the debtor of the surety. Art. A contract of sale may be absolute or conditional. (504). In the cases of the two preceding articles, the landowner is entitled to damages from the builder, planter or sower. Easements are established either by law or by the will of the owners. 354. (816), Art. 1849. 480. Art. 738. The act of a thief or robber, who has entered the hotel is not deemed force majeure, unless it is done with the use of arms or through an irresistible force. Two or more persons desiring to form a limited partnership shall: (c) The location of the principal place of business; (d) The name and place of residence of each member, general and limited partners being respectively designated; (e) The term for which the partnership is to exist; (f) The amount of cash and a description of and the agreed value of the other property contributed by each limited partner; (g) The additional contributions, if any, to be made by each limited partner and the times at which or events on the happening of which they shall be made; (h) The time, if agreed upon, when the contribution of each limited partner is to be returned; (i) The share of the profits or the other compensation by way of income which each limited partner shall receive by reason of his contribution; (j) The right, if given, of a limited partner to substitute an assignee as contributor in his place, and the terms and conditions of the substitution; (k) The right, if given, of the partners to admit additional limited partners; (l) The right, if given, of one or more of the limited partners to priority over other limited partners, as to contributions or as to compensation by way of income, and the nature of such priority; (m) The right, if given, of the remaining general partner or partners to continue the business on the death, retirement, civil interdiction, insanity or insolvency of a general partner; and. (614a), Art. 1352. When the seal or lock is broken, with or without the depositary's fault, he shall keep the secret of the deposit. (1478). The children or descendants may freely dispose of the other half, subject to the rights of illegitimate children and of the surviving spouse as hereinafter provided. For legal purposes, the easement of aqueduct shall be considered as continuous and apparent, even though the flow of the water may not be continuous, or its use depends upon the needs of the dominant estate, or upon a schedule of alternate days or hours. This action can only be exercised with respect to faults and defects which are determined by law or by local customs. If the owner, in spite of such information, does not claim it within the period of one month, the depositary shall be relieved of all responsibility by returning the thing deposited to the depositor. Chapter Three THEFT Art. Employers shall be liable for the damages caused by their employees and household helpers acting within the scope of their assigned tasks, even though the former are not engaged in any business or industry. The wife may, by express authority of the husband embodied in a public instrument, administer the conjugal partnership property. An express acceptance must be made in a public or private document. Art. The voluntary recognition of a natural child shall take place according to this Code, even if the child was born before the effectivity of this body of laws. 1419. Art. (n), Art. (318), Art. 1228. THE CRIMINAL CODE OF THE PHILIPPINES Title I General Principles Chapter 1 Applicability Section 1. The same rule applies to breaches of contract where the defendant acted fraudulently or in bad faith. If the lessor fails to make urgent repairs, the lessee, in order to avoid an imminent danger, may order the repairs at the lessor's cost. 782. 1741. The latter case shall be presumed when a team, yoke pair, or set is bought, even if a separate price has been fixed for each one of the animals composing the same. Attorney's fees and expenses incurred in the litigation shall be charged to the conjugal partnership property, unless the action fails. (841a), Art. But in the first case he shall not enter into possession of the property until after having given sufficient security, with the intervention of the instituted heir. Art. (116), Art. (n), Art. If the debts due are of the same nature and burden, the payment shall be applied to all of them proportionately. Regarder des films en streaming complet sur votre smart TV, console de jeu, PC, Mac, smartphone, tablette et bien plus. (1140), Art. 2030. When notice of stoppage in transitu is given by the seller to the carrier, or other bailee in possession of the goods, he must redeliver the goods to, or according to the directions of, the seller. (1185), Art. Creditors are protected in cases of contracts intended to defraud them. In the absence of such expression, his religious beliefs or affiliation shall determine the funeral rites. (1580a), Art. (415), Art. Courts use many of the same factors in post-conviction bail decisions as they do while the case is pending. In such case the agent is the one directly bound in favor of the person with whom he has contracted, as if the transaction were his own, except when the contract involves things belonging to the principal. Upon approval of the petition for dissolution of the conjugal partnership, the court shall take such measures as may protect the creditors and other third persons. Art. Art. (941a), Art. PC also provides that a person has to be produced before a court within 24 hours of arrest. Every person shall respect the dignity, personality, privacy and peace of mind of his neighbors and other persons. 1909. If it cannot be determined which of the parties first violated the contract, the same shall be deemed extinguished, and each shall bear his own damages. Art. Art. 1424. (n). This figure does not include prisoners secretly executed and whose identities are not known. Art. Indemnification for damages shall comprehend not only the value of the loss suffered, but also that of the profits which the obligee failed to obtain. (10a. (1880a), Art. (n), Art. 1716. 527. No person shall be deprived of his property except by competent authority and for public use and always upon payment of just compensation. Art. 99. Whenever the usufruct includes things which cannot be used without being consumed, the usufructuary shall have the right to make use of them under the obligation of paying their appraised value at the termination of the usufruct, if they were appraised when delivered. 1427. (595), Art. (n), Art. If the depositary has reasonable grounds to believe that the thing has not been lawfully acquired by the depositor, the former may return the same. (n). (Sec. The wife to whom the administration of all the property of the marriage is transferred shall have, with respect to said property, the same powers and responsibility which the husband has when he is the administrator, but always subject to the provisions of the last paragraph of the preceding article. Acts relating to possession, executed or agreed to by one who possesses a thing belonging to another as a mere holder to enjoy or keep it, in any character, do not bind or prejudice the owner, unless he gave said holder express authority to do such acts, or ratifies them subsequently. No affirmation of the value of the thing, nor any statement purporting to be a statement of the seller's opinion only, shall be construed as a warranty, unless the seller made such affirmation or statement as an expert and it was relied upon by the buyer. A partner who has received, in whole or in part, his share of a partnership credit, when the other partners have not collected theirs, shall be obliged, if the debtor should thereafter become insolvent, to bring to the partnership capital what he received even though he may have given receipt for his share only. Art. (943a), Art. The court shall decide the motion within thirty (30) days from the filing thereof. A compromise between the creditor and the principal debtor benefits the guarantor but does not prejudice him. If the consideration of the contract consists partly in money, and partly in another thing, the transaction shall be characterized by the manifest intention of the parties. The legal separation may be claimed only by the innocent spouse, provided there has been no condonation of or consent to the adultery or concubinage. 2146. (1845), Art. 1014. Ownership and other real rights over immovable property are acquired by ordinary prescription through possession of ten years. (1846), Art. The payment of debts in money shall be made in the currency stipulated, and if it is not possible to deliver such currency, then in the currency which is legal tender in the Philippines. Donations which an illegitimate child may have received during the lifetime of his father or mother, shall be charged to his legitime. If heirs instituted in unequal shares should be reciprocally substituted, the substitute shall acquire the share of the heir who dies, renounces, or is incapacitated, unless it clearly appears that the intention of the testator was otherwise. If in a criminal case the judgment of acquittal is based upon reasonable doubt, the court shall so declare. 494. The courts shall also fix the duration of the period when it depends upon the will of the debtor. Contracts and stipulations, under any cloak or device whatever, intended to circumvent the laws against usury shall be void. Art. (181a), Art. (n), Art. 818. 1093. A revocation done outside the Philippines, by a person who does not have his domicile in this country, is valid when it is done according to the law of the place where the will was made, or according to the law of the place in which the testator had his domicile at the time; and if the revocation takes place in this country, when it is in accordance with the provisions of this Code. Remember that the adultery/concubinage laws are very different here than they are in the US. Art. 2227. (1180), Art. Art. (561), Art. If it is the husband who is insolvent, the administration of the conjugal partnership of absolute community may, by order of the court, be transferred to the wife or to a third person other than the assignee. (606), Art. (1946a). (1956a), Art. 965. (n), Art. (n). (2) Those solemnized by any person not legally authorized to perform marriages; (3) Those solemnized without a marriage license, save marriages of exceptional character; (4) Bigamous or polygamous marriages not falling under Article 83, Number 2; (5) Incestuous marriages mentioned in Article 81; (6) Those where one or both contracting parties have been found guilty of the killing of the spouse of either of them; (7) Those between stepbrothers and stepsisters and other marriages specified in Article 82. The purchaser in a sale with the right of redemption cannot make use of the power to eject the lessee until the end of the period for the redemption. (1067a), Art. Art. The obligation of warranty among co-heirs shall cease in the following cases: (2) When it has been so expressly stipulated in the agreement of partition, unless there has been bad faith; (3) When the eviction is due to a cause subsequent to the partition, or has been caused by the fault of the distributee of the property. (1766a), Art. Art. 1955. The interpretation of obscure words or stipulations in a contract shall not favor the party who caused the obscurity. Art. (n). (632a). (1266a), Art. 587. (346a). Art. 867. (n), Art. (841a), Art. 2099. In case of death of the house helper, the head of the family shall bear the funeral expenses if the house helper has no relatives in the place where the head of the family lives, with sufficient means therefor. Art. A compromise in which there is mistake, fraud, violence, intimidation, undue influence, or falsity of documents, is subject to the provisions of Article 1330 of this Code. (30a). 1535. Any one of the latter may exempt himself from this obligation by renouncing so much of his undivided interest as may be equivalent to his share of the expenses and taxes. 545. 1729. (5) Hinders or impairs the use of property. Art. Art. (n), Art. 1441. Art. Should children of the deceased and descendants of other children who are dead, survive, the former shall inherit in their own right, and the latter by right of representation. Technical words in a will are to be taken in their technical sense, unless the context clearly indicates a contrary intention, or unless it satisfactorily appears that he was unacquainted with such technical sense. 2181. Art. The husband and the wife cannot sell property to each other, except: (2) When there has been a judicial separation or property under Article 191. (1723), Art. (1403a). (1799a), Art. 436. In the absence of a record of birth, authentic document, final judgment or possession of status, legitimate filiation may be proved by any other means allowed by the Rules of Court and special laws. If the parents are living, or if the child is under guardianship, the grandparents may give advice and counsel to the child, to the parents or to the guardian. 2173. In case of a divisible contract, if the illegal terms can be separated from the legal ones, the latter may be enforced. However, he shall acquire no real right over it until the same has been delivered to him. No action can be maintained by the winner for the collection of what he has won in a game of chance. If the price of the sale is less, neither shall the creditor be entitled to recover the deficiency, notwithstanding any stipulation to the contrary. Payment made by one of the solidary debtors extinguishes the obligation. If the omitted compulsory heirs should die before the testator, the institution shall be effectual, without prejudice to the right of representation. 325. Now, just weeks after the birth of baby Janina, Cynthia's estranged ... who got us bail. (1582). 701. T often changes to N, between vowels. The owner of the materials shall have the right to remove them only in case he can do so without injury to the work constructed, or without the plantings, constructions or works being destroyed. In such case, he shall pay reasonable rent, if the owner of the land does not choose to appropriate the building or trees after proper indemnity. Such civil action may be supported by a preponderance of evidence. 1286. (745, 752, 753, 754a), Art. The provisions of Articles 1733 to 1753 shall apply to the passenger's baggage which is not in his personal custody or in that of his employee. 1294. However, any partner may enter into a separate obligation to perform a partnership contract. (1851a), Art. 1414. 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. Art. With regard to the formation of the inventory, rules for appraisal and sale of property of the conjugal partnership, and other matters which are not expressly determined in the present Chapter, the Rules of Court on the administration of estates of deceased persons shall be observed. The obligation to furnish support ceases upon the death of the obligor, even if he may be bound to give it in compliance with a final judgment. 1229. 2185. (483a), Art. (168a), Art. 1656. Every successive owner or possessor of property who fails or refuses to abate a nuisance in that property started by a former owner or possessor is liable therefor in the same manner as the one who created it. Any person who, having found… 974. (774), Art. If the obligation does not fix a period, but from its nature and the circumstances it can be inferred that a period was intended, the courts may fix the duration thereof. 1399. Art. (1056a). 4544 on May 23, 2016. 832. The consequences of these circumstances are governed in this Code, other codes, the Rules of Court, and in special laws. Art. The consignation having been made, the interested parties shall also be notified thereof. Art. (1110a), Art. 1703. (n), Art. (n), Art. Where by a contract of sale the seller is bound to send the goods to the buyer, but no time for sending them is fixed, the seller is bound to send them within a reasonable time. In default of a special stipulation, the custom of the place shall be observed with regard to the kind of repairs on urban property for which the lessor shall be liable. Art. The amount of the principal and of the interest shall be specified in writing; otherwise, the contract of antichresis shall be void. 1837. 1791. All services which are not contrary to law, morals, good customs, public order or public policy may likewise be the object of a contract. 352. When, after an action to enforce a civil obligation has failed the defendant voluntarily performs the obligation, he cannot demand the return of what he has delivered or the payment of the value of the service he has rendered. (591a), Art. (1482a). (1775), Art. (619), Art. Art. (480), Art. There is also an implied trust when a donation is made to a person but it appears that although the legal estate is transmitted to the donee, he nevertheless is either to have no beneficial interest or only a part thereof. 1208. If an absolute conveyance of property is made in order to secure the performance of an obligation of the grantor toward the grantee, a trust by virtue of law is established. 1880. 2111. (1940a), Art. (1190), Art. Art. As for the obligations to do and not to do, the provisions of the second paragraph of Article 1187 shall be observed as regards the effect of the extinguishment of the obligation. If he disappeared after the age of seventy-five years, an absence of five years shall be sufficient in order that his succession may be opened. 1660. Art. 1454. Rogue states that he cheated on her with multiple women while they were dating and he shows absolutely no remorse for it when she calls him out on it. 1592. 1201. Even if there has been no performance, the penalty may also be reduced by the courts if it is iniquitous or unconscionable. (1495). If the duration of the household service is not determined either by stipulation or by the nature of the service, the head of the family or the house helper may give notice to put an end to the service relation, according to the following rules: (2) If the compensation is paid by the week, notice may be given, at the latest on the first business day of the week, that the service shall be terminated at the end of the seventh day from the beginning of the week; (3) If the compensation is paid by the month, notice may be given, at the latest, on the fifth day of the month, that the service shall cease at the end of the month. (1954a). (469), Art. A limited partner shall not receive from a general partner or out of partnership property any part of his contributions until: (2) The consent of all members is had, unless the return of the contribution may be rightfully demanded under the provisions of the second paragraph; and. 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