RA386 Flashcards
The _______ , commonly known as Republic Act No. 386, is a significant statute that embodies rules and regulations relating to civil matters and private law in the Philippines.
Philippines Civil Code
The Philippines Civil Code, commonly known as Republic Act No. 386 was enacted on _____, and it came into effect on_____.
Enacted on June 18, 1949, it came into effect on August 30, 1950.
The_____ was first enforced in the Philippines in 1889, during its colonization by Spain.
Spanish Civil Code
In ____, the Commonwealth Government under President Manuel L. Quezon created a Commission to draft a new Civil Code.
1940
The Commission was initially led by ___ but faced interruptions due to the Japanese invasion during World War II, which resulted in the destruction of its records during the Battle of Manila in 1945.
Chief Justice Ramón Avanceña
In ___, President Manuel Roxas established a new Commission, this time headed by____, former Dean of the University of the Philippines College of Law. Notable members included future Supreme Court Justice Francisco R. Capistrano and future Vice-President Arturo Tolentino.
1947, Jorge Bocobo
The Commission completed the final draft of the new Civil Code by ____, which was subsequently submitted to Congress. The Civil Code was enacted into law through Republic Act No. 386 and took effect on _____
December 1947, August 30, 1950
This Act shall be known as the “Civil Code of the Philippines.”
Article 1
Chapter 1 - Effect and Application of Laws, PRELIMINARY TITLE
Laws shall take effect after fifteen days following the completion of their publication in the Official Gazette, unless it is otherwise provided. This Code shall take effect one year after such publication.
Article 2
Chapter 1 - Effect and Application of Laws, PRELIMINARY TITLE
Ignorance of the law excuses no one from compliance therewith.
Article 3
Chapter 1 - Effect and Application of Laws, PRELIMINARY TITLE
Acts executed against the provisions of mandatory or prohibitory laws shall be void, except when the law itself authorizes their validity.
Article 5
Chapter 1 - Effect and Application of Laws, PRELIMINARY TITLE
Rights may be waived, unless the waiver is contrary to law, public order, public policy, morals, or good customs, or prejudicial to a third person with a right recognized by law.
Article 6
Chapter 1 - Effect and Application of Laws, PRELIMINARY TITLE
Judicial decisions applying or interpreting the laws, or the Constitution shall form a part of the legal system of the Philippines.
Article 8
Chapter 1 - Effect and Application of Laws, PRELIMINARY TITLE
In case of doubt in the interpretation or application of laws, it is presumed that the lawmaking body intended right and justice to prevail.
Article 10
Chapter 1 - Effect and Application of Laws, PRELIMINARY TITLE
Customs which are contrary to law, public order or public policy shall not be countenanced.
Article 11
Chapter 1 - Effect and Application of Laws, PRELIMINARY TITLE
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.
Article 17
Chapter 1 - Effect and Application of Laws, PRELIMINARY TITLE
Every person must, in the exercise of his rights and in the performance of his duties, act with justice, give everyone his due, and observe honesty and good faith.
Article 19
Chapter 2 - Human Relations, PRELIMINARY TITLE
Every person who, contrary to law, wilfully or negligently causes damage to another, shall indemnify the latter for the same.
Article 20
Chapter 2 - Human Relations, PRELIMINARY TITLE
Any person who wilfully causes loss or injury to another in a manner that is contrary to morals, good customs or public policy shall compensate the latter for the damage.
Article 21
Chapter 2 - Human Relations, PRELIMINARY TITLE
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.
Article 22
Chapter 2 - Human Relations, PRELIMINARY TITLE
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.
Article 23
Chapter 2 - Human Relations, PRELIMINARY TITLE
Every person shall respect the dignity, personality, privacy and peace of mind of his neighbors and other persons. 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.
Article 26
Chapter 2 - Human Relations, PRELIMINARY TITLE
Any person suffering material or moral loss because a public servant or employee refuses or neglects, without just cause, to perform his official duty may file an action for damages and other relief against the latter, without prejudice to any disciplinary administrative action that may be taken.
Article 27
Chapter 2 - Human Relations, PRELIMINARY TITLE
When the accused in a criminal prosecution is acquitted on the ground that his guilt has not been proved beyond reasonable doubt, a civil action for damages for the same act or omission may be instituted. Such action requires only a preponderance of evidence.
Article 29
Chapter 2 - Human Relations, PRELIMINARY TITLE
Any public officer or employee, or any private individual, who directly or indirectly obstructs, defeats, violates or in any manner impedes or impairs any of the following rights and liberties of another person shall be liable to the latter for damages:
(8) The right to the equal protection of the laws
(12) The right to be free from involuntary servitude in any form
Article 32
Chapter 2 - Human Relations, PRELIMINARY TITLE
In cases of defamation, fraud, and physical injuries a civil action for damages, entirely separate and distinct from the criminal action, may be brought by the injured party.
Article 33
Chapter 2 - Human Relations, PRELIMINARY TITLE
Juridical capacity, which is the fitness to be the subject of legal relations, is inherent in every natural person and is lost only through death. Capacity to act, which is the power to do acts with legal effect, is acquired and may be lost.
Article 37
BOOK 1: PERSONS, CIVIL PERSONALITY: CHAPTER 3 – Juridical Persons
Civil personality is extinguished by death
Article 42
BOOK 1: PERSONS, CIVIL PERSONALITY: CHAPTER 3 – Juridical Persons
The following are juridical persons:
(1) The State and its political subdivisions;
(2) Other corporations, institutions and entities for public interest
or purpose, created by law; their personality begins as soon as
they have been constituted according to law;
Article 44
BOOK 1: PERSONS, CIVIL PERSONALITY: CHAPTER 3 – Juridical Persons
Juridical persons may acquire and possess property of all kinds, as well as incur obligations and bring civil or criminal actions, in conformity with the laws and regulations of their organization.
Article 46
BOOK 1: PERSONS, CIVIL PERSONALITY: CHAPTER 3 – Juridical Persons
All things which are or may be the object of appropriation are considered either:
(1) Immovable or real property; or
(2) Movable or personal property.
Article 414
BOOK 2: PROPERTY, OWNERSHIP, AND ITS MODIFICATIONS,
CLASSIFICATIONS OF PROPERTY: Preliminary Provisions
Property is either of public dominion or of private ownership.
Article 419
BOOK 2: PROPERTY, OWNERSHIP, AND ITS MODIFICATIONS,
CLASSIFICATIONS OF PROPERTY: CHAPTER 3 – Property in Relation to the Person to Whom it Belongs
The following things are property of public dominion:
(1) Those intended for public use, such as roads, canals, rivers,
torrents, ports and bridges constructed by the State, banks,
shores, roadsteads, and others of similar character;
(2) Those which belong to the State, without being for public use, and are intended for some public service or for the development of the national wealth.
Article 420
BOOK 2: PROPERTY, OWNERSHIP, AND ITS MODIFICATIONS,
CLASSIFICATIONS OF PROPERTY: CHAPTER 3 – Property in Relation to the Person to Whom it Belongs
All other property of the State, which is not of the character stated in the preceding article, is patrimonial property
Article 421
BOOK 2: PROPERTY, OWNERSHIP, AND ITS MODIFICATIONS,
CLASSIFICATIONS OF PROPERTY: CHAPTER 3 – Property in Relation to the Person to Whom it Belongs
Ownership may be exercised over things or rights.
Article 427
BOOK 2: PROPERTY, OWNERSHIP, AND ITS MODIFICATIONS,
OWNERSHIP: CHAPTER 1 – Ownership in General
The owner has the right to enjoy and dispose of a thing, without other limitations than those established by law.
The owner has also a right of action against the holder and possessor of the thing in order to recover it.
Article 428
BOOK 2: PROPERTY, OWNERSHIP, AND ITS MODIFICATIONS,
OWNERSHIP: CHAPTER 1 – Ownership in General
Actual possession under claim of ownership raises the disputable presumption of ownership. The true owner must resort to judicial process for the recovery of the property.
Article 433
BOOK 2: PROPERTY, OWNERSHIP, AND ITS MODIFICATIONS,
OWNERSHIP: CHAPTER 1 – Ownership in General
In an action to recover, the property must be identified, and the plaintiff must rely on the strength of his title and not on the weakness of the defendant’s claim.
Article 434
BOOK 2: PROPERTY, OWNERSHIP, AND ITS MODIFICATIONS,
OWNERSHIP: CHAPTER 1 – Ownership in General
No person shall be deprived of his property except by competent authority and for public use and always upon payment of just compensation.
Should this requirement be not first complied with, the courts shall protect and, in a proper case, restore the owner in his possession.
Article 435
BOOK 2: PROPERTY, OWNERSHIP, AND ITS MODIFICATIONS,
OWNERSHIP: CHAPTER 1 – Ownership in General
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. He cannot complain of the reasonable requirements of aerial navigation.
Article 437
BOOK 2: PROPERTY, OWNERSHIP, AND ITS MODIFICATIONS,
OWNERSHIP: CHAPTER 1 – Ownership in General
To the owner belongs:
(1) The natural fruits;
(2) The industrial fruits;
(3) The civil fruits.
Article 441
BOOK 2: PROPERTY, OWNERSHIP, AND ITS MODIFICATIONS,
OWNERSHIP: CHAPTER 3 – Right of Accession (Section 1 - Right of Accession with Respect to What is Produced by Property)
Whatever is built, planted or sown on the land of another and the improvements or repairs made thereon, belong to the owner of the land, subject to the provisions of the following articles.
Article 445
BOOK 2: PROPERTY, OWNERSHIP, AND ITS MODIFICATIONS,
OWNERSHIP: CHAPTER 3 – Right of Accession (Section 2 - Right of Accession with Respect to Immovable Property)
He who builds, plants or sows in bad faith on the land of another, loses what is built, planted, or sown without right to indemnity.
Article 449
BOOK 2: PROPERTY, OWNERSHIP, AND ITS MODIFICATIONS,
OWNERSHIP: CHAPTER 3 – Right of Accession (Section 2 - Right of Accession with Respect to Immovable Property)
Whenever two movable things belonging to different owners are, without bad faith, united in such a way that they form a single object, the owner of the principal thing acquires the accessory, indemnifying the former owner thereof for its value.
Article 466
BOOK 2: PROPERTY, OWNERSHIP, AND ITS MODIFICATIONS,
OWNERSHIP: CHAPTER 3 – Right of Accession (Section 3 - Right of Accession with Respect to Movable Property)
The principal thing, as between two things incorporated, is deemed to be that to which the other has been united as an ornament, or for its use or perfection.
Article 467
BOOK 2: PROPERTY, OWNERSHIP, AND ITS MODIFICATIONS,
OWNERSHIP: CHAPTER 3 – Right of Accession (Section 3 - Right of Accession with Respect to Movable Property)
If it cannot be determined by the rule given in the preceding article which of the two things incorporated is the principal one, the thing of the greater value shall be so considered, and as between two things of equal value, that of the greater volume.
In painting and sculpture, writings, printed matter, engraving and lithographs, the board, metal, stone, canvas, paper or parchment shall be deemed the accessory thing.
Article 468
BOOK 2: PROPERTY, OWNERSHIP, AND ITS MODIFICATIONS,
OWNERSHIP: CHAPTER 3 – Right of Accession (Section 3 - Right of Accession with Respect to Movable Property)
In the preceding articles, sentimental value shall be duly appreciated.
Article 475
BOOK 2: PROPERTY, OWNERSHIP, AND ITS MODIFICATIONS,
OWNERSHIP: CHAPTER 3 – Right of Accession (Section 3 - Right of Accession with Respect to Movable Property)
Possession is the holding of a thing or the enjoyment of a right.
Article 523
BOOK 2: PROPERTY, OWNERSHIP, AND ITS MODIFICATIONS,
POSSESSION: CHAPTER 1 – Possessions and the Kinds Thereof
Possession may be exercised in one’s own name or in that of another.
Article 524
BOOK 2: PROPERTY, OWNERSHIP, AND ITS MODIFICATIONS,
POSSESSION: CHAPTER 1 – Possessions and the Kinds Thereof
The possession of things or rights may be had in one of two concepts: either in the concept of owner, or in that of the holder of the thing or right to keep or enjoy it, the ownership pertaining to another person.
Article 525
BOOK 2: PROPERTY, OWNERSHIP, AND ITS MODIFICATIONS,
POSSESSION: CHAPTER 1 – Possessions and the Kinds Thereof
He is deemed a possessor in good faith who is not aware that there exists in his title or mode of acquisition any flaw which invalidates it.
Mistakes upon a doubtful or difficult question of law may be the basis of good faith.
Article 526
BOOK 2: PROPERTY, OWNERSHIP, AND ITS MODIFICATIONS,
POSSESSION: CHAPTER 1 – Possessions and the Kinds Thereof
Good faith is always presumed, and upon him who alleges bad faith on the part of a possessor rests the burden of proof.
Article 527
BOOK 2: PROPERTY, OWNERSHIP, AND ITS MODIFICATIONS,
POSSESSION: CHAPTER 1 – Possessions and the Kinds Thereof
Every possessor has a right to be respected in his possession; and should he be disturbed therein he shall be protected in or restored to said possession by the means established by the laws and the Rules of Court.
Article 539
BOOK 2: PROPERTY, OWNERSHIP, AND ITS MODIFICATIONS,
POSSESSION: CHAPTER 3 – Effects of Possession
Ownership is acquired by occupation and by intellectual creation.
Ownership and other real rights over property are acquired and transmitted by law, by donation, by testate and intestate succession, and in consequence of certain contracts, by tradition.
Article 712
BOOK 3: DIFFERENT MODES OF ACQUIRING OWNERSHIP,
PRELIMINARY PROVISIONS
By intellectual creation, the following persons acquire ownership:
(1) The author with regard to his literary, dramatic, historical, legal, philosophical, scientific or other work;
(2) The composer; as to his musical composition;
(3) The painter, sculptor, or other artist, with respect to the product of his art;
(4) The scientist or technologist or any other person with regard to his discovery or invention. (n)
Article 721
BOOK 3: DIFFERENT MODES OF ACQUIRING OWNERSHIP,
INTELLECTUAL CREATION
The author and the composer, mentioned in Nos. 1 and 2 of the preceding article, shall have the ownership of their creations even before the publication of the same. Once their works are published, their rights are governed by the Copyright laws.
The painter, sculptor or other artist shall have dominion over the product of his art even before it is copyrighted.
The scientist or technologist has the ownership of his discovery or invention even before it is patented. (n)
Article 722
BOOK 3: DIFFERENT MODES OF ACQUIRING OWNERSHIP,
INTELLECTUAL CREATION
Letters and other private communications in writing are owned by the person to whom they are addressed and delivered, but they cannot be published or disseminated without the consent of the writer or his heirs. However, the court may authorize their publication or dissemination if the public good or the interest of justice so requires. (n)
Article 723
BOOK 3: DIFFERENT MODES OF ACQUIRING OWNERSHIP,
INTELLECTUAL CREATION
Special laws govern copyright and patent. (429a)
Article 724
BOOK 3: DIFFERENT MODES OF ACQUIRING OWNERSHIP,
INTELLECTUAL CREATION
Donation is an act of liberality whereby a person disposes gratuitously of a thing or right in favor of another, who accepts it. (618a)
Article 725
BOOK 3: DIFFERENT MODES OF ACQUIRING OWNERSHIP,
INTELLECTUAL CREATION: CHAPTER 1 - Nature of Donations
When a person gives to another a thing or right on account of the latter’s merits or of the services rendered by him to the donor, provided they do not constitute a demandable debt, or when the gift imposes upon the donee a burden which is less than the value of the thing given, there is also a donation. (619)
Article 726
BOOK 3: DIFFERENT MODES OF ACQUIRING OWNERSHIP,
INTELLECTUAL CREATION: CHAPTER 1 - Nature of Donations
Illegal or impossible conditions in simple and remuneratory donations shall be considered as not imposed. (n)
Article 727
BOOK 3: DIFFERENT MODES OF ACQUIRING OWNERSHIP,
INTELLECTUAL CREATION: CHAPTER 1 - Nature of Donations
All persons who may contract and dispose of their property may make a donation. (624)
Article 735
BOOK 3: DIFFERENT MODES OF ACQUIRING OWNERSHIP,
CHAPTER 2 - Persons Who may Give or Receive Donation
The donor’s capacity shall be determined as of the time of the making of the donation. (n)
Article 737
BOOK 3: DIFFERENT MODES OF ACQUIRING OWNERSHIP,
CHAPTER 2 - Persons Who may Give or Receive Donation
The following donations shall be void:
(1) Those made between persons who were guilty of adultery or concubinage at the time of the donation;
(2) Those made between persons found guilty of the same criminal offense, in consideration thereof;
(3) Those made to a public officer or his wife, descendants and ascendants, by reason of his office.
Article 739
BOOK 3: DIFFERENT MODES OF ACQUIRING OWNERSHIP,
CHAPTER 2 - Persons Who may Give or Receive Donation
In order that the donation of an immovable may be valid, it must be made in a public document, specifying therein the property donated and the value of the charges which the donee must satisfy.
The acceptance may be made in the same deed of donation or in a separate public document, but it shall not take effect unless it is done during the lifetime of the donor.
If the acceptance is made in a separate instrument, the donor shall be notified thereof in an authentic form, and this step shall be noted in both instruments. (633)
Article 749
BOOK 3: DIFFERENT MODES OF ACQUIRING OWNERSHIP,
CHAPTER 2 - Persons Who may Give or Receive Donation
An obligation is a juridical necessity to give, to do or not to do.
Article 1156
BOOK 4: OBLIGATIONS AND CONTRACTS,
OBLIGATIONS: CHAPTER 1 - General Provisions
Obligations arise from:
(1) Law;
(2) Contracts;
(3) Quasi-contracts;
(4) Acts or omissions punished by law; and
(5) Quasi-delicts.
Article 1157
BOOK 4: OBLIGATIONS AND CONTRACTS,
OBLIGATIONS: CHAPTER 1 - General Provisions
Obligations arising from contracts have the force of law between the contracting parties and should be complied with in good faith.
Article 1159
BOOK 4: OBLIGATIONS AND CONTRACTS,
OBLIGATIONS: CHAPTER 1 - General Provisions
Every person obliged to give something is also obliged to take care of it with the proper diligence of a good father of a family, unless the law or the stipulation of the parties requires another standard of care.
Article 1163
BOOK 4: OBLIGATIONS AND CONTRACTS,
OBLIGATIONS: CHAPTER 2 - Nature and Effect of Obligations
When the obligation consists in not doing, and the obligor does what has been forbidden him, it shall also be undone at his expense.
Article 1168
BOOK 4: OBLIGATIONS AND CONTRACTS,
OBLIGATIONS: CHAPTER 2 - Nature and Effect of Obligations
Those who in the performance of their obligations are guilty of fraud, negligence, or delay, and those who in any manner contravene the tenor thereof, are liable for damages.
Article 1170
BOOK 4: OBLIGATIONS AND CONTRACTS,
OBLIGATIONS: CHAPTER 2 - Nature and Effect of Obligations
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.
Article 1172
BOOK 4: OBLIGATIONS AND CONTRACTS,
OBLIGATIONS: CHAPTER 2 - Nature and Effect of Obligations
The fault or negligence of the obligor consists in the omission of that diligence which is required by the nature of the obligation and corresponds with the circumstances of the persons, of the time and of the place. When negligence shows bad faith, the provisions of Articles 1171 and 2201, paragraph 2, shall apply.
Article 1173
BOOK 4: OBLIGATIONS AND CONTRACTS,
OBLIGATIONS: CHAPTER 2 - Nature and Effect of Obligations
Except in cases expressly specified by the law, or when it is otherwise declared by stipulation, or when the nature of the obligation requires the assumption of risk, no person shall be responsible for those events which could not be foreseen, or which, though foreseen, were inevitable.
Article 1174
BOOK 4: OBLIGATIONS AND CONTRACTS,
OBLIGATIONS: CHAPTER 2 - Nature and Effect of Obligations
Usurious transactions shall be governed by special laws
Article 1175
BOOK 4: OBLIGATIONS AND CONTRACTS,
OBLIGATIONS: CHAPTER 2 - Nature and Effect of Obligations
Payment means not only the delivery of money but also the performance, in any other manner, of an obligation.
Article 1232
BOOK 4: OBLIGATIONS AND CONTRACTS,
OBLIGATIONS: CHAPTER 4 - Extinguishment Of Obligations (Section 1 - Payment or Performance)
When the obligee accepts the performance, knowing its incompleteness or irregularity, and without expressing any protest or objection, the obligation is deemed fully complied with.
Article 1235
BOOK 4: OBLIGATIONS AND CONTRACTS,
OBLIGATIONS: CHAPTER 4 - Extinguishment Of Obligations (Section 1 - Payment or Performance)
A contract is a meeting of minds between two persons whereby one binds himself, with respect to the other, to give something or to render some service.
Article 305
BOOK 4: OBLIGATIONS AND CONTRACTS,
CONTRACTS: CHAPTER 1 - General Provisions
The contracting parties may establish such stipulations, clauses, terms and conditions as they may deem convenient, provided they are not contrary to law, morals, good customs, public order, or public policy.
Article 1306
BOOK 4: OBLIGATIONS AND CONTRACTS,
CONTRACTS: CHAPTER 1 - General Provisions
Contracts are perfected by mere consent, and from that moment the parties are bound not only to the fulfillment of what has been expressly stipulated but also to all the consequences which, according to their nature, may be in keeping with good faith, usage and law.
Article 1315
BOOK 4: OBLIGATIONS AND CONTRACTS,
CONTRACTS: CHAPTER 1 - General Provisions
There is no contract unless the following requisites concur:
(1) Consent of the contracting parties;
(2) Object certain which is the subject matter of the contract;
(3) Cause of the obligation which is established.
Article 1318
BOOK 4: OBLIGATIONS AND CONTRACTS,
CONTRACTS: CHAPTER 2 - Essential Requisites Of Contracts
There is undue influence when a person takes improper advantage of his power over the will of another, depriving the latter of a reasonable freedom of choice.
Article 1337
BOOK 4: OBLIGATIONS AND CONTRACTS,
CONTRACTS: CHAPTER 2 - Essential Requisites Of Contracts
There is fraud when, through insidious words or machinations of one of the contracting parties, the other is induced to enter into a contract which, without them, he would not have agreed to.
Article 1338
BOOK 4: OBLIGATIONS AND CONTRACTS,
CONTRACTS: CHAPTER 2 - Essential Requisites Of Contracts
Failure to disclose facts, when there is a duty to reveal them, as when the parties are bound by confidential relations, constitutes fraud.
Article 1339
BOOK 4: OBLIGATIONS AND CONTRACTS,
CONTRACTS: CHAPTER 2 - Essential Requisites Of Contracts
The usual exaggerations in trade, when the other party had an opportunity to know the facts, are not in themselves fraudulent.
Article 1340
BOOK 4: OBLIGATIONS AND CONTRACTS,
CONTRACTS: CHAPTER 2 - Essential Requisites Of Contracts
A mere expression of an opinion does not signify fraud, unless made by an expert and the other party has relied on the former’s special knowledge.
Article 1341
BOOK 4: OBLIGATIONS AND CONTRACTS,
CONTRACTS: CHAPTER 2 - Essential Requisites Of Contracts
The object of every contract must be determined as to its kind. The fact that the quantity is not determinate shall not be an obstacle to the existence of the contract, provided it is possible to determine the same, without the need of a new contract between the parties.
Article 1349
BOOK 4: OBLIGATIONS AND CONTRACTS,
CONTRACTS: CHAPTER 2 - Essential Requisites Of Contracts (SECTION 2 - Object of Contracts)
In onerous contracts the cause is understood to be, for each contracting party, the prestation or promise of a thing or service by the other; in remuneratory ones, the service or benefit which is remunerated; and in contracts of pure beneficence, the mere liberality of the benefactor.
Article 1350
BOOK 4: OBLIGATIONS AND CONTRACTS,
CONTRACTS: CHAPTER 2 - Essential Requisites Of Contracts (SECTION 3 - Cause of Contracts)
Except in cases specified by law, lesion or inadequacy of cause shall not invalidate a contract, unless there has been fraud, mistake or undue influence.
Article 1355
BOOK 4: OBLIGATIONS AND CONTRACTS,
CONTRACTS: CHAPTER 2 - Essential Requisites Of Contracts (SECTION 3 - Cause of Contracts)
The principles of the general law on the reformation of instruments are hereby adopted insofar as they are not in conflict with the provisions of this Code.
Article 1360
BOOK 4: OBLIGATIONS AND CONTRACTS,
CONTRACTS: CHAPTER 4 - Reformation Of Instruments
When a mutual mistake of the parties causes the failure of the instrument to disclose their real agreement, said instrument may be reformed.
Article 1361
BOOK 4: OBLIGATIONS AND CONTRACTS,
CONTRACTS: CHAPTER 4 - Reformation Of Instruments
If one party was mistaken and the other acted fraudulently or inequitably in such a way that the instrument does not show their true intention, the former may ask for the reformation of the instrument.
Article 1362
BOOK 4: OBLIGATIONS AND CONTRACTS,
CONTRACTS: CHAPTER 4 - Reformation Of Instruments
When one party was mistaken and the other knew or believed that the instrument did not state their real agreement, but concealed that fact from the former, the instrument may be reformed.
Article 1363
BOOK 4: OBLIGATIONS AND CONTRACTS,
CONTRACTS: CHAPTER 4 - Reformation Of Instruments
When through ignorance, lack of skill, negligence or bad faith on the part of the person drafting the instrument or of the clerk or typist, the instrument does not express the true intention of the parties, the courts may order that the instrument be reformed.
Article 1364
BOOK 4: OBLIGATIONS AND CONTRACTS,
CONTRACTS: CHAPTER 4 - Reformation Of Instruments
When one of the parties has brought an action to enforce the instrument, he cannot subsequently ask for its reformation.
Article 1367
BOOK 4: OBLIGATIONS AND CONTRACTS,
CONTRACTS: CHAPTER 4 - Reformation Of Instruments
If the terms of a contract are clear and leave no doubt upon the intention of the contracting parties, the literal meaning of its stipulations shall control.
If the words appear to be contrary to the evident intention of the parties, the latter shall prevail over the former.
Article 1370
BOOK 4: OBLIGATIONS AND CONTRACTS,
CONTRACTS: CHAPTER 5 - Interpretation Of Contracts
In order to judge the intention of the contracting parties, their contemporaneous and subsequent acts shall be principally considered.
Article 1371
BOOK 4: OBLIGATIONS AND CONTRACTS,
CONTRACTS: CHAPTER 5 - Interpretation Of Contracts
If some stipulation of any contract should admit of several meanings, it shall be understood as bearing that import which is most adequate to render it effectual.
Article 1373
BOOK 4: OBLIGATIONS AND CONTRACTS,
CONTRACTS: CHAPTER 5 - Interpretation Of Contracts
The various stipulations of a contract shall be interpreted together, attributing to the doubtful ones that sense which may result from all of them taken jointly.
Article 1374
BOOK 4: OBLIGATIONS AND CONTRACTS,
CONTRACTS: CHAPTER 5 - Interpretation Of Contracts
Words which may have different significations shall be understood in that which is most in keeping with the nature and object of the contract.
Article 1375
BOOK 4: OBLIGATIONS AND CONTRACTS,
CONTRACTS: CHAPTER 5 - Interpretation Of Contracts
The interpretation of obscure words or stipulations in a contract shall not favor the party who caused the obscurity.
Article 1377
BOOK 4: OBLIGATIONS AND CONTRACTS,
CONTRACTS: CHAPTER 5 - Interpretation Of Contracts
When it is absolutely impossible to settle doubts by the rules established in the preceding articles, and the doubts refer to incidental circumstances of a gratuitous contract, the least transmission of rights and interests shall prevail. If the contract is onerous, the doubt shall be settled in favor of the greatest reciprocity of interests.
If the doubts are cast upon the principal object of the contract in such a way that it cannot be known what may have been the intention or will of the parties, the contract shall be null and void.
Article 1378
BOOK 4: OBLIGATIONS AND CONTRACTS,
CONTRACTS: CHAPTER 5 - Interpretation Of Contracts
The principles of interpretation stated in Rule 123 of the Rules of Court shall likewise be observed in the construction of contracts.
Article 1379
BOOK 4: OBLIGATIONS AND CONTRACTS,
CONTRACTS: CHAPTER 5 - Interpretation Of Contracts
Contracts validly agreed upon may be rescinded in the cases established by law.
Article 1380
BOOK 4: OBLIGATIONS AND CONTRACTS,
CONTRACTS: CHAPTER 6 - RESCISSIBLE CONTRACTS
Rescission shall be only to the extent necessary to cover the damages caused.
Article 1384
BOOK 4: OBLIGATIONS AND CONTRACTS,
CONTRACTS: CHAPTER 6 - RESCISSIBLE CONTRACTS
The following contracts are voidable or annullable, even though there may have been no damage to the contracting parties:
(1) Those where one of the parties is incapable of giving consent to a contract;
(2) Those where the consent is vitiated by mistake, violence, intimidation, undue influence or fraud.
Article 1390
BOOK 4: OBLIGATIONS AND CONTRACTS,
CONTRACTS: CHAPTER 7 - VOIDABLE CONTRACTS
The engineer or architect who drew up the plans and specifications for a building is liable for damages if within fifteen years from the completion of the structure, the same should collapse by reason of a defect in those plans and specifications, or due to the defects in the ground. The contractor is likewise responsible for the damages if the edifice falls, within the same period, on account of defects in the construction or the use of materials of inferior quality furnished by him, or due to any violation of the terms of the contract. If the engineer or architect supervises the construction, he shall be solidarily liable with the contractor.
Acceptance of the building, after completion, does not imply waiver of any of the cause of action by reason of any defect mentioned in the preceding paragraph.
The action must be brought within ten years following the collapse of the building.
Article 1723
BOOK 4: OBLIGATIONS AND CONTRACTS,
CONTRACTS: CHAPTER 7 - VOIDABLE CONTRACTS (SECTION 3 - Contract for a Piece of Work )
The following contracts are inexistent and void from the beginning:
(1) Those whose cause, object or purpose is contrary to law,
morals, good customs, public order or public policy
Article 1409
BOOK 4: OBLIGATIONS AND CONTRACTS,
CONTRACTS: CHAPTER 9 - VOID AND INEXISTENT CONTRACTS
When a right to sue upon a civil obligation has lapsed by extinction, the obligor who voluntarily performs the contract cannot recover what he has delivered or the value of the service he has rendered.
Article 1424
BOOK 4: OBLIGATIONS AND CONTRACTS,
NATURAL OBLIGATIONS
By an aleatory contract, one of the parties or both reciprocally bind themselves to give or to do something in consideration of what the other shall give or do upon the happening of an event which is uncertain, or which is to occur at an indeterminate time.
Article 2010
BOOK 4: OBLIGATIONS AND CONTRACTS,
ALEATORY CONTRACT
A compromise is a contract whereby the parties, by making reciprocal concessions, avoid litigation or put an end to one already commenced.
Article 2028
BOOK 4: OBLIGATIONS AND CONTRACTS,
COMPROMISES AND ARBITRATIONS: CHAPTER 1 - Compromises
The court shall endeavor to persuade the litigants in a civil case to agree upon some fair compromise.
Article 2029
BOOK 4: OBLIGATIONS AND CONTRACTS,
COMPROMISES AND ARBITRATIONS: CHAPTER 1 - Compromises
Every civil action or proceeding shall be suspended:
(1) If willingness to discuss a possible compromise is expressed by one or both parties; or
(2) If it appears that one of the parties, before the commencement of the action or proceeding, offered to discuss a possible compromise but the other party refused the offer.
The duration and terms of the suspension of the civil action or proceeding and similar matters shall be governed by such provisions of the rules of court as the Supreme Court shall promulgate. Said rules of court shall likewise provide for the appointment and duties of amicable compounders.
Article 2030
BOOK 4: OBLIGATIONS AND CONTRACTS,
COMPROMISES AND ARBITRATIONS: CHAPTER 1 - Compromises
The courts may mitigate the damages to be paid by the losing party who has shown a sincere desire for a compromise.
Article 2031
BOOK 4: OBLIGATIONS AND CONTRACTS,
COMPROMISES AND ARBITRATIONS: CHAPTER 1 - Compromises
A compromise has upon the parties the effect and authority of res judicial; but there shall be no execution except in compliance with a judicial compromise.
Article 2037
BOOK 4: OBLIGATIONS AND CONTRACTS,
COMPROMISES AND ARBITRATIONS: CHAPTER 1 - Compromises
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.
However, one of the parties cannot set up a mistake of fact as against the other if the latter, by virtue of the compromise, has withdrawn from a litigation already commenced.
Article 2038
BOOK 4: OBLIGATIONS AND CONTRACTS,
COMPROMISES AND ARBITRATIONS: CHAPTER 1 - Compromises
When the parties compromise generally on all differences which they might have with each other, the discovery of documents referring to one or more but not to all of the questions settled shall not itself be a cause for annulment or rescission of the compromise, unless said documents have been concealed by one of the parties.
But the compromise may be annulled or rescinded if it refers only to one thing to which one of the parties has no right, as shown by the newly-discovered documents.
Article 2039
BOOK 4: OBLIGATIONS AND CONTRACTS,
COMPROMISES AND ARBITRATIONS: CHAPTER 1 - Compromises
If after a litigation has been decided by a final judgment, a compromise should be agreed upon, either or both parties being unaware of the existence of the final judgment, the compromise may be rescinded.
Ignorance of a judgment which may be revoked or set aside is not a valid ground for attacking a compromise.
BOOK 4: OBLIGATIONS AND CONTRACTS,
COMPROMISES AND ARBITRATIONS: CHAPTER 1 - Compromises
Article 2040
BOOK 4: OBLIGATIONS AND CONTRACTS,
COMPROMISES AND ARBITRATIONS: CHAPTER 1 - Compromises
If one of the parties fails or refuses to abide by the compromise, the other party may either enforce the compromise or regard it as rescinded and insist upon his original demand.
Article 2041
BOOK 4: OBLIGATIONS AND CONTRACTS,
COMPROMISES AND ARBITRATIONS: CHAPTER 1 - Compromises
The same persons who may enter into a compromise may submit their controversies to one or more arbitrators for decision.
Article 2042
BOOK 4: OBLIGATIONS AND CONTRACTS,
COMPROMISES AND ARBITRATIONS: CHAPTER 2 - Arbitrations
The provisions of the preceding Chapter upon compromises shall also be applicable to arbitrations.
Article 2043
BOOK 4: OBLIGATIONS AND CONTRACTS,
COMPROMISES AND ARBITRATIONS: CHAPTER 2 - Arbitrations
Any stipulation that the arbitrators’ award or decision shall be final, is valid, without prejudice to Articles 2038, 2039, and 2040.
Article 2044
BOOK 4: OBLIGATIONS AND CONTRACTS,
COMPROMISES AND ARBITRATIONS: CHAPTER 2 - Arbitrations
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 2046
BOOK 4: OBLIGATIONS AND CONTRACTS,
COMPROMISES AND ARBITRATIONS: CHAPTER 2 - Arbitrations
By guarantee a person, called the guarantor, binds himself to the creditor to fulfill the obligation of the principal debtor in case the latter should fail to do so.
Article 2047
BOOK 4: OBLIGATIONS AND CONTRACTS, GUARANTY: CHAPTER 1 - NATURE AND EXTENT OF GUARANTY
The guarantor cannot be compelled to pay the creditor unless the latter has exhausted all the property of the debtor, and has resorted to all the legal remedies against the debtor.
Article 2058
BOOK 4: OBLIGATIONS AND CONTRACTS, GUARANTY: CHAPTER 2 - EFFECTS OF GUARANTY (SECTION 1. - Effects of Guaranty Between the Guarantor and the Creditor)
The excussion shall not take place:
(1) If the guarantor has expressly renounced it
Article 2059
BOOK 4: OBLIGATIONS AND CONTRACTS, GUARANTY: CHAPTER 2 - EFFECTS OF GUARANTY (SECTION 1. - Effects of Guaranty Between the Guarantor and the Creditor)
Certain lawful, voluntary and unilateral acts give rise to the juridical relation of quasi-contract to the end that no one shall be unjustly enriched or benefited at the expense of another.
Article 2142
BOOK 4: OBLIGATIONS AND CONTRACTS, EXTRA-CONTRACTUAL OBLIGATIONS: CHAPTER 1 - QUASI-CONTRACTS
If something is received when there is no right to demand it, and it was unduly delivered through mistake, the obligation to return it arises.
Article 2154
BOOK 4: OBLIGATIONS AND CONTRACTS, EXTRA-CONTRACTUAL OBLIGATIONS: CHAPTER 1 - QUASI-CONTRACTS (SECTION 2. - Solutio Indebiti)
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.
Article 2155
BOOK 4: OBLIGATIONS AND CONTRACTS, EXTRA-CONTRACTUAL OBLIGATIONS: CHAPTER 1 - QUASI-CONTRACTS (SECTION 2. - Solutio Indebiti)
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.
Article 2168
BOOK 4: OBLIGATIONS AND CONTRACTS, EXTRA-CONTRACTUAL OBLIGATIONS: CHAPTER 1 - QUASI-CONTRACTS (SECTION 2. - Solutio Indebiti)
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.
Article 2169
BOOK 4: OBLIGATIONS AND CONTRACTS, EXTRA-CONTRACTUAL OBLIGATIONS: CHAPTER 1 - QUASI-CONTRACTS (SECTION 2. - Solutio Indebiti)
The rights and obligations of the finder of lost personal property shall be governed by Articles 719 and 720.
Article 2171
BOOK 4: OBLIGATIONS AND CONTRACTS, EXTRA-CONTRACTUAL OBLIGATIONS: CHAPTER 1 - QUASI-CONTRACTS (SECTION 2. - Solutio Indebiti)
Whoever by act or omission causes damage to another, there being fault or negligence, is obliged to pay for the damage done. Such fault or negligence, if there is no pre-existing contractual relation between the parties, is called a quasi-delict and is governed by the provisions of this Chapter.
Article 2176
BOOK 4: OBLIGATIONS AND CONTRACTS, EXTRA-CONTRACTUAL OBLIGATIONS: CHAPTER 2 - QUASI-DELICTS
Responsibility for fault or negligence under the preceding article is entirely separate and distinct from the civil liability arising from negligence under the Penal Code. But the plaintiff cannot recover damages twice for the same act or omission of the defendant.
Article 2177
BOOK 4: OBLIGATIONS AND CONTRACTS, EXTRA-CONTRACTUAL OBLIGATIONS: CHAPTER 2 - QUASI-DELICTS
When the plaintiff’s own negligence was the immediate and proximate cause of his injury, he cannot recover damages. But if his negligence was only contributory, the immediate and proximate cause of
the injury being the defendant’s lack of due care, the plaintiff may recover damages, but the courts shall mitigate the damages to be awarded.
Article 2179
BOOK 4: OBLIGATIONS AND CONTRACTS, EXTRA-CONTRACTUAL OBLIGATIONS: CHAPTER 2 - QUASI-DELICTS
In motor vehicle mishaps, the owner is solidarily liable with his driver, if the former, who was in the vehicle, could have, by the use of the due diligence, prevented the misfortune. It is disputably presumed that a driver was negligent, if he had been found guilty or reckless driving or violating traffic regulations at least twice within the next preceding two months.
If the owner was not in the motor vehicle, the provisions of Article 2180 are applicable.
Article 2184
BOOK 4: OBLIGATIONS AND CONTRACTS, EXTRA-CONTRACTUAL OBLIGATIONS: CHAPTER 2 - QUASI-DELICTS
Provinces, cities and municipalities shall be liable for damages for the death of, or injuries suffered by, any person by reason of the defective condition of roads, streets, bridges, public buildings, and other public works under their control or supervision.
Article 2189
BOOK 4: OBLIGATIONS AND CONTRACTS, EXTRA-CONTRACTUAL OBLIGATIONS: CHAPTER 2 - QUASI-DELICTS
If damage referred to in the two preceding articles should be the result of any defect in the construction mentioned in Article 1723, the third person suffering damages may proceed only against the engineer or architect or contractor in accordance with said article, within the period therein fixed.
Article 2192
BOOK 4: OBLIGATIONS AND CONTRACTS, EXTRA-CONTRACTUAL OBLIGATIONS: CHAPTER 2 - QUASI-DELICTS
Damages may be:
(1) Actual or compensatory;
(2) Moral;
(3) Nominal;
(4) Temperate or moderate;
(5) Liquidated; or
(6) Exemplary or corrective.
Article 2197
BOOK 4: OBLIGATIONS AND CONTRACTS, DAMAGES
Except as provided by law or by stipulation, one is entitled to an adequate compensation only for such pecuniary loss suffered by him as he has duly proved. Such compensation is referred to as actual or compensatory damages.
Article 2199
BOOK 4: OBLIGATIONS AND CONTRACTS, DAMAGES: CHAPTER 2 - ACTUAL OR COMPENSATORY DAMAGES
No proof of pecuniary loss is necessary in order that moral, nominal, temperate, liquidated or exemplary damages, may be adjudicated. The assessment of such damages, except liquidated ones, is left to the discretion of the court, according to the circumstances of each case.
Article 2216
BOOK 4: OBLIGATIONS AND CONTRACTS, DAMAGES: CHAPTER 2 - ACTUAL OR COMPENSATORY DAMAGES
Liquidated damages are those agreed upon by the parties to a contract, to be paid in case of breach thereof.
Article 2226
BOOK 4: OBLIGATIONS AND CONTRACTS, DAMAGES: CHAPTER 2 - ACTUAL OR COMPENSATORY DAMAGES (SECTION 4. - Liquidated Damages)
Liquidated damages, whether intended as an indemnity or a penalty, shall be equitably reduced if they are iniquitous or unconscionable.
Article 2227
BOOK 4: OBLIGATIONS AND CONTRACTS, DAMAGES: CHAPTER 2 - ACTUAL OR COMPENSATORY DAMAGES (SECTION 4. - Liquidated Damages)
When the breach of the contract committed by the defendant is not the one contemplated by the parties in agreeing upon the liquidated damages, the law shall determine the measure of damages, and not the stipulation.
Article 2228
BOOK 4: OBLIGATIONS AND CONTRACTS, DAMAGES: CHAPTER 2 - ACTUAL OR COMPENSATORY DAMAGES (SECTION 4. - Liquidated Damages)
Exemplary or corrective damages are imposed, by way of example or correction for the public good, in addition to the moral, temperate, liquidated or compensatory damages.
Article 2229
BOOK 4: OBLIGATIONS AND CONTRACTS, DAMAGES: CHAPTER 2 - ACTUAL OR COMPENSATORY DAMAGES (SECTION 5. - Exemplary or Corrective Damages)
