Art. AN ACT TO ORDAIN AND INSTITUTE THE CIVIL CODE OF THE PHILIPPINES. (1563a) Article 1668. In case either or both of the contracting parties, being neither widowed nor divorced, are less than twenty years of age as regards the male and less than eighteen years as regards the female, they shall, in addition to the requirements of the preceding articles, exhibit to the local civil registrar, the consent to their marriage, of their father, mother or guardian, or persons having legal charge of them, in the order mentioned. Art. When a member of a city or municipal police force refuses or fails to render aid or protection to any person in case of danger to life or property, such peace officer shall be primarily liable for damages, and the city or municipality shall be subsidiarily responsible therefor. Title XVII. Art. (1898), Art. Penal laws and those of public security and safety shall be obligatory upon all who live or sojourn in the Philippine territory, subject to the principles of public international law and to treaty stipulations. 2161. The Civil Code is divided into four “books”, with each specific book namely: - OBLIGATIONS CHAPTER 1 GENERAL PROVISIONS. 1137 of the Civil Code. Art. Whoever voluntarily takes charge of the agency or management of the business or property of another, without any power from the latter, is obliged to continue the same until the termination of the affair and its incidents, or to require the person concerned to substitute him, if the owner is in a position to do so. The following requisites are essential to the contracts of pledge and mortgage:(1) That they be constituted to secure the fulfillment of a principal obligation;(2) That the pledgor… 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. 2160. However, intestate and testamentary successions, both with respect to the order of succession and to the amount of successional rights and to the intrinsic validity of testamentary provisions, shall be regulated by the national law of the person whose succession is under consideration, whatever may be the nature of the property and regardless of the country wherein said property may be found. 9. Filed under 17. 8. When a person builds in good faith on the land of another, Article 448 of the Civil Code governs. 2153. Article 1156 of the Philippines civil code defines the term obligation as a legal demand to give or act or not act. Art. (n), Art. Art. REPORT and CASE DIGEST: Article 19 of the Civil Code of the Philippines by Joy De Loyola and Mary Grace De Lumban September 5, 2017; CASE DIGEST: Article 18 of the Civil Code of the Philippines by Joy Bulan Dayag September 5, 2017; REPORT and CASE DIGEST: Article 18 of the Civil Code of the Philippines by Aubrey Mhae De Castro September 5, 2017 30. Exemplary damages may also be adjudicated. If in a criminal case the judgment of acquittal is based upon reasonable doubt, the court shall so declare. When the property delivered or money paid belongs to a third person, the payee shall comply with the provisions of article 1984. When a person, claiming to be injured by a criminal offense, charges another with the same, for which no independent civil action is granted in this Code or any special law, but the justice of the peace finds no reasonable grounds to believe that a crime has been committed, or the prosecuting attorney refuses or fails to institute criminal proceedings, the complaint may bring a civil action for damages against the alleged offender. This the Civil Code itself notably recognises in saying that "[j]udicial decisions applying or interpreting the laws or the Constitution shall form a part of the legal system of the Philippines" (Article 8, Civil Code), a recognition of the eminent role now played by precedents in Philippine law. He who paid unduly may proceed only against the true debtor or the guarantors with regard to whom the action is still effective. 2144. Art. Two or … When a third person, without the knowledge of the debtor, pays the debt, the rights of the former are governed by Articles 1236 and 1237. If the officious manager delegates to another person all or some of his duties, he shall be liable for the acts of the delegate, without prejudice to the direct obligation of the latter toward the owner of the business. (4a), Art. Article 247 of the Revised Penal Code (RPC) is reproduced below: ART. Art. (n) Art. 13. When the courts declared a law to be inconsistent with the Constitution, the former shall be void and the latter shall govern. CIVIL CODE OF THE PHILIPPINES PRELIMINARY TITLE Chapter 1 EFFECT AND APPLICATION OF LAWS Article 1. In all contractual, property or other relations, when one of the parties is at a disadvantage on account of his moral dependence, ignorance, indigence, mental weakness, tender age or other handicap, the courts must be vigilant for his protection. Art. 2. 15. 2162. (n). Such action requires only a preponderance of evidence. Art. (1901), Art. (1888a). In the first case, the provisions of Articles 1317, 1403, No. The provisions of this article apply when the father or mother of a child under eighteen years of age unjustly refuses to support him. 10. – Solutio Indebiti. (16a). 1138. Posted on August 28, 2012 by PROF. ALVIN CLARIDADES. MAIN INDEX: Preliminary Title Articles 1-36: Book One Articles 37-413: Book Two Articles 414-711: Book Three Articles 712-1155: Book Four Articles 1156-2270: Read the full text of the Civil Code of the Philippines contained in one web page. 2087. 2171. The management is extinguished: (1) When the owner repudiates it or puts an end thereto; (2) When the officious manager withdraws from the management, subject to the provisions of Article 2144; (3) By the death, civil interdiction, insanity or insolvency of the owner or the officious manager. It is also of the essence of these contracts that when the principal obligation becomes due, the things in which the pledge or mortgage consists may be alienated for the payment to the creditor. Art. Acts executed against the provisions of mandatory or prohibitory laws shall be void, except when the law itself authorizes their validity. The Civil Code of the Philippines. 18. 16. (n). Art. Ownership and other real rights over immovables also prescribe through uninterrupted adverse possession thereof for thirty years, without need of title or of good faith. (1892a). 2174. 21. 2164. The following and similar acts, though they may not constitute a criminal offense, shall produce a cause of action for damages, prevention and other relief: (1) Prying into the privacy of another's residence: (2) Meddling with or disturbing the private life or family relations of another; (3) Intriguing to cause another to be alienated from his friends; (4) Vexing or humiliating another on account of his religious beliefs, lowly station in life, place of birth, physical defect, or other personal condition. 2147. The officious manager shall perform his duties with all the diligence of a good father of a family, and pay the damages which through his fault or negligence may be suffered by the owner of the property or business under management. Art. Recent Posts. (8a), Art. Every person shall respect the dignity, personality, privacy and peace of mind of his neighbors and other persons. Sources of law Article 1 1. 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. 2172. 2168. Ignorance of the law excuses no one from compliance therewith. The responsibility herein set forth is not demandable from a judge unless his act or omission constitutes a violation of the Penal Code or other penal statute. He shall be exempt from the obligation to restore who, believing in good faith that the payment was being made of a legitimate and subsisting claim, destroyed the document, or allowed the action to prescribe, or gave up the pledges, or cancelled the guaranties for his right. 28. 2085. The responsibility of two or more officious managers shall be solidary, unless the management was assumed to save the thing or business from imminent danger. Art. (n), Art. 2143. 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. The same obligation shall be incumbent upon him when the management had for its purpose the prevention of an imminent and manifest loss, although no benefit may have been derived. 32. He who in good faith accepts an undue payment of a thing certain and determinate shall only be responsible for the impairment or loss of the same or its accessories and accessions insofar as he has thereby been benefited. 2159. & Its Modifications, Book 3: Different Modes of Acquiring Ownership. Article 1. 2145. 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. Issue: Whether or not there was extraordinary inflation within the meaning of Article 1250 of the New Civil Code? (1891a). The period begins upon the declaration of the government that the subject land is no longer intended for public service. Real property as well as personal property is subject to the law of the country where it is stipulated. Article 1667. Laws shall have no retroactive effect, unless the contrary is provided. This Code shall take effect one year after such publication. – EXTRA-CONTRACTUAL OBLIGATIONS, Art. General Provisions. - PLEDGE, MORTGAGE AND ANTICHRESISCHAPTER 1PROVISIONS COMMON TO PLEDGE AND MORTGAGEArt. Read Sales Chapter 4: Obligations of the Vendor from the story Book IV: Civil Code of the Philippines by thebeststar with 7,872 reads. 2157. 2165. TITLE IX PARTNERSHIP. (1894a), Art. This burden of proof on the lessee does not apply when the destruction is due to earthquake, flood, storm or other natural calamity. The Family Code Of The Philippines Titles I, II, VI, VII, VII, X, XI, XII July 6, 1987 I, CORAZON C. AQUINO, President of the Philippines, by virtue of the powers vested in me by the Constitution, do hereby order and promulgate the Family Code of the Philippines, as follows: TITLE I MARRIAGE Chapter 1. BOOK IV OBLIGATIONS AND CONTRACTS Title. In computing a period, the first day shall be excluded, and the last day included. Art. In the absence of any declaration to that effect, it may be inferred from the text of the decision whether or not the acquittal is due to that ground. In matters which are governed by the Code of Commerce and special laws, their deficiency shall be supplied by the provisions of this Code. Civil Code of the Philippines: Articles 8,9,10,11,12 and 13. Pre-judicial questions which must be decided before any criminal prosecution may be instituted or may proceed, shall be governed by rules of court which the Supreme Court shall promulgate and which shall not be in conflict with the provisions of this Code. 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