the Code of Military Justice.3 The Philippine Republic of 1898 By 1872, the Filipinos had revolted against Spain because of the abuses committed by the Spanish authorities and friars. The portions belonging to the co-owners in the co-ownership shall be presumed equal, unless the contrary is proved. 510. (596). (517). 436. 386 (Approved, June 18, 1949) Title VII - EASEMENTS OR SERVITUDES CHAPTER 2 LEGAL EASEMENTS SECTION 6 -Drainage of Buildings Art. The owner of the thing may, should he so desire, give the possessor in good faith the right to finish the cultivation and gathering of the growing fruits, as an indemnity for his part of the expenses of cultivation and the net proceeds; the possessor in good faith who for any reason whatever should refuse to accept this concession, shall lose the right to be indemnified in any other manner. (519), Art. Whenever it consists in the enjoyment of benefits accruing from a participation in any industrial or commercial enterprise, the date of the distribution of which is not fixed, such benefits shall have the same character. AN ACT TO ORDAIN AND INSTITUTE THE CIVIL CODE OF THE PHILIPPINES PRELIMINARY TITLE CHAPTER 1 Effect and Application of Laws Article 1. Art. 0000000973 00000 n Whenever the usufruct includes things which, without being consumed, gradually deteriorate through wear and tear, the usufructuary shall have the right to make use thereof in accordance with the purpose for which they are intended, and shall not be obliged to return them at the termination of the usufruct except in their condition at that time; but he shall be obliged to indemnify the owner for any deterioration they may have suffered by reason of his fraud or negligence. 537. Full text of the Civil Code of the Philippines [Republic Act No. READ PAPER. Any person who may wish to use upon his own estate any water of which he can dispose shall have the right to make it flow through the intervening estates, with the obligation to indemnify their owners, as well as the owners of the lower estates upon which the waters may filter or descend. 423. If the finder is a trespasser, he shall not be entitled to any share of the treasure. 461. Nevertheless, one who has lost any movable or has been unlawfully deprived thereof may recover it from the person in possession of the same. Neither can side or oblique views upon or towards such conterminous property be had, unless there be a distance of sixty centimeters. 670. The usufructuary is obliged to notify the owner when the need for such repairs is urgent. (367), Art. The owner of a thing has no right to prohibit the interference of another with the same, if the interference is necessary to avert an imminent danger and the threatened damage, compared to the damage arising to the owner from the interference, is much greater. 549. 702. (497), Art. 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. (463). Art. BOOK II PROPERTY, OWNERSHIP, AND ITS MODIFICATIONS ... 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. If the dominant estate belongs to several persons in common, the use of the easement by any one of them prevents prescription with respect to the others. (577), Art. 624. (n), Art. 593. 477. 577. (606), Art. ARTICLE 1. The payment of annual charges and taxes and of those considered as a lien on the fruits, shall be at the expense of the usufructuary for all the time that the usufruct lasts. If the usufruct be constituted on the whole of a patrimony, and if at the time of its constitution the owner has debts, the provisions of Articles 758 and 759 relating to donations shall be applied, both with respect to the maintenance of the usufruct and to the obligation of the usufructuary to pay such debts. One desiring to make use of the right granted in the preceding article is obliged: (1) To prove that he can dispose of the water and that it is sufficient for the use for which it is intended; (2) To show that the proposed right of way is the most convenient and the least onerous to third persons; (3) To indemnify the owner of the servient estate in the manner determined by the laws and regulations. Should there be several dominant estates, the owners of all of them shall be obliged to contribute to the expenses referred to in the preceding article, in proportion to the benefits which each may derive from the work. H��Wێ��} ��/�@���{�X�k{oֈ�Q�f��C�H��H-/���>���-�2^��i���S��|f?���ӻ��Y�~�����]�6w�iv���x��~ZݽY�B����.�0,تd�I����U�xHÿV-�QP�x�S�Kc��owVw>!�7����u��#�8n;M�S��Ӈٿt�7�.e5�g�?/�}ъ��o��-���嘼u/b�^X��9yfE��l?�}۬���M�j��w�%�Y�'7�%YDIQ��j�ؤ�&k&�r������5�,[�0c��d��(��Ҕ���T$���݌=��S3�L,�&9lu�e��#>~�� � ���;�UL�[��{�~�/�A�[&'�Yi�� ��@C�X��&AX�������"[email protected]��l�`[ٝ��!] (499a). 639. (1) Land, buildings, roads and constructions of all kinds adhered to the soil; (2) Trees, plants, and growing fruits, while they are attached to the land or form an integral part of an immovable; (3) Everything attached to an immovable in a fixed manner, in such a way that it cannot be separated therefrom without breaking the material or deterioration of the object; (4) Statues, reliefs, paintings or other objects for use or ornamentation, placed in buildings or on lands by the owner of the immovable in such a manner that it reveals the intention to attach them permanently to the tenements; (5) Machinery, receptacles, instruments or implements intended by the owner of the tenement for an industry or works which may be carried on in a building or on a piece of land, and which tend directly to meet the needs of the said industry or works; (6) Animal houses, pigeon-houses, beehives, fish ponds or breeding places of similar nature, in case their owner has placed them or preserves them with the intention to have them permanently attached to the land, and forming a permanent part of it; the animals in these places are included; (7) Fertilizer actually used on a piece of land; (8) Mines, quarries, and slag dumps, while the matter thereof forms part of the bed, and waters either running or stagnant; (9) Docks and structures which, though floating, are intended by their nature and object to remain at a fixed place on a river, lake, or coast; (10) Contracts for public works, and servitudes and other real rights over immovable property. Art. The interest on the indemnity shall be deemed to be in payment of rent for the use of the easement. The possession of movable property acquired in good faith is equivalent to a title. 468. (1) To make, after notice to the owner or his legitimate representative, an inventory of all the property, which shall contain an appraisal of the movables and a description of the condition of the immovables; (2) To give security, binding himself to fulfill the obligations imposed upon him in accordance with this Chapter. 570. (n), Art. The private ownership of the beds of rain waters does not give a right to make works or constructions which may change their course to the damage of third persons, or whose destruction, by the force of floods, may cause such damage. xref (433a), Art. The usufructuary shall have the right to enjoy any increase which the thing in usufruct may acquire through accession, the servitudes established in its favor, and, in general, all the benefits inherent therein. The period of prescription for the acquisition of an easement of light and view shall be counted: (1) From the time of the opening of the window, if it is through a party wall; or, (2) From the time of the formal prohibition upon the proprietor of the adjoining land or tenement, if the window is through a wall on the dominant estate. Fruits naturally falling upon adjacent land belong to the owner of said land. 437. Quezon formed a commission to draft a new Civil Code, but the records were destroyed during the Japanese invasion. 424. Civil Code were governed primarily by the provisions of the Spanish Civil Code of 1889. However, the builder or planter cannot be obliged to buy the land if its value is considerably more than that of the building or trees. (n). The existence of an apparent sign of easement between two estates, established or maintained by the owner of both, shall be considered, should either of them be alienated, as a title in order that the easement may continue actively and passively, unless, at the time the ownership of the two estates is divided, the contrary should be provided in the title of conveyance of either of them, or the sign aforesaid should be removed before the execution of the deed. 560. Art. (394a), Art. (505). Your name. Art. (544). (543a). CIVIL LAW REVIEW 1 TEOXON 1 CRISELDA B. TEOXON SAN SEBASTIAN COLLEGE RECOLETOS-MANILA COLLEGE OF LAW The Civil Code of the Philippines-The Civil Code in force in the Philippines is the Civil code of Spain of 1889, extended to this country by Royal decree of July 31, 1889. (352). 536. (538a), Art. (563a). If there was bad faith, not only on the part of the person who built, planted or sowed on the land of another, but also on the part of the owner of such land, the rights of one and the other shall be the same as though both had acted in good faith. If either one of the owners has made the incorporation with the knowledge and without the objection of the other, their respective rights shall be determined as though both acted in good faith. When the Civil Code of the Philippines (RA 386) took effect on August 30, 1950, the provisions of the Spanish Civil Code of 1889 were likewise repealed. (462a), Art. 673. yr=d.getFullYear(); 561. 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. If the owner does not wish that certain articles be sold because of their artistic worth or because they have a sentimental value, he may demand their delivery to him upon his giving security for the payment of the legal interest on their appraised value. Art. In the realm of extra-contractual responsibility (torts in common law, quasi-delicts in Philippine law) in relation to public services, however, the two legal systems cur-rently have a vastly different approach. Only such as are manifest or born are considered as natural or industrial fruits. Should the usufruct be on sterile animals, it shall be considered, with respect to its effects, as though constituted on fungible things. 703. (553a), Art. (452a). However since the Philippine legal system is a combination of civil law and common law, courts apply statutes as well as resort to the doctrine of precedent. If such owners claim them, they shall pay the expenses incurred in gathering them or putting them in a safe place. The easement of right of way shall be established at the point least prejudicial to the servient estate, and, insofar as consistent with this rule, where the distance from the dominant estate to a public highway may be the shortest. Section 2. (458), Art. 434. Art. LECTURE NOTES ON CIVIL LAW Professor Ruben F. Balane Page 1 of 354 Lecture Notes on Civil Law. The usufructuary shall be obliged to notify the owner of any act of a third person, of which he may have knowledge, that may be prejudicial to the rights of ownership, and he shall be liable should he not do so, for damages, as if they had been caused through his own fault. One who recovers possession shall not be obliged to pay for improvements which have ceased to exist at the time he takes possession of the thing. (522a), The immovable in favor of which the easement is established is called the dominant estate; that which is subject thereto, the servient estate. Whenever the naked ownership of a tenement or piece of land belongs to one person and the beneficial ownership to another, no perpetual voluntary easement may be established thereon without the consent of both owners. Whenever a part of the thing belongs exclusively to one of the co-owners, and the remainder is owned in common, the preceding provision shall apply only to the part owned in common. (531). 467. (380), Art. If the party wall cannot bear the increased height, the owner desiring to raise it shall be obliged to reconstruct it at his own expense and, if for this purpose it be necessary to make it thicker, he shall give the space required from his own land. 655. Without prejudice to rights legally acquired, the animal path shall not exceed in any case the width of 75 meters, and the animal trail that of 37 meters and 50 centimeters. (400a), Art. No such waiver shall be made if it is prejudicial to the co-ownership. With the exception of the provisions of the preceding paragraphs, the usufructuary cannot cut down trees unless it be to restore or improve some of the things in usufruct, and in such case shall first inform the owner of the necessity for the work. 638. (443), Art. Whenever the current of a river, creek or torrent segregates from an estate on its bank a known portion of land and transfers it to another estate, the owner of the land to which the segregated portion belonged retains the ownership of it, provided that he removes the same within two years. The plaintiff must return to the defendant all benefits he may have received from the latter, or reimburse him for expenses that may have redounded to the plaintiff's benefit. THE CRIMINAL CODE OF THE PHILIPPINES Title I General Principles Chapter 1 Applicability Section 1. 487. 609. (417a), Art. (581a). Art. Neither can he exercise the easement in any other manner than that previously established. No. Art. 628. (442), Art. Those growing at the time the usufruct terminates, belong to the owner. AN ACT TO ORDAIN AND INSTITUTE THE CIVIL CODE OF THE PHILIPPINES. (576). (548), Art. (444), Art. Art. Minors and incapacitated persons may acquire the possession of things; but they need the assistance of their legal representatives in order to exercise the rights which from the possession arise in their favor. (1) By merger in the same person of the ownership of the dominant and servient estates; (2) By nonuser for ten years; with respect to discontinuous easements, this period shall be computed from the day on which they ceased to be used; and, with respect to continuous easements, from the day on which an act contrary to the same took place; (3) When either or both of the estates fall into such condition that the easement cannot be used; but it shall revive if the subsequent condition of the estates or either of them should again permit its use, unless when the use becomes possible, sufficient time for prescription has elapsed, in accordance with the provisions of the preceding number; (4) By the expiration of the term or the fulfillment of the condition, if the easement is temporary or conditional; (5) By the renunciation of the owner of the dominant estate; (6) By the redemption agreed upon between the owners of the dominant and servient estates. 622. 420. (475), Art. The nonobservance of these distances does not give rise to prescription. Art. A proportionate share of the taxes shall be reimbursed by said owner to the proprietor of the servient estate. 552. 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 … 590. (509), Art. Trees uprooted and carried away by the current of the waters belong to the owner of the land upon which they may be cast, if the owners do not claim them within six months. When the landowner acted in bad faith and the builder, planter or sower proceeded in good faith, the provisions of article 447 shall apply. (419), Art. CHAPTER 1. E. Caliwan, J.D. 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