Civil Code of The Philippines

1|Martinez
Civil Code of the Philippines
REPUBLIC ACT NO. 386
AN ACT TO ORDAIN AND INSTITUTE THE CIVIL CODE OF THE PHILIPPINES
PRELIMINARY TITLE
CHAPTER I
EFFECT AND APPLICATION OF LAWS
Article 1. This Act shall be known as the "Civil Code of the Philippines." (n)
Art. 2. 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. (1a)
Art. 3. Ignorance of the law excuses no one from compliance therewith. (2)
Art. 4. Laws shall have no retroactive effect, unless the contrary is provided. (3)
Art. 5. Acts executed against the provisions of mandatory or prohibitory laws shall be void, except when the law itself authorizes their validity. (4a)
Art. 6. 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. (4a)
Art. 7. Laws are repealed only by subsequent ones, and their violation or non-observance shall not be excused by disuse, or custom or practice to
the contrary.
When the courts declared a law to be inconsistent with the Constitution, the former shall be void and the latter shall govern.
Administrative or executive acts, orders and regulations shall be valid only when they are not contrary to the laws or the Constitution. (5a)
Art. 8. Judicial decisions applying or interpreting the laws or the Constitution shall form a part of the legal system of the Philippines. (n)
Art. 9. No judge or court shall decline to render judgment by reason of the silence, obscurity or insufficiency of the laws. (6)
Art. 10. In case of doubt in the interpretation or application of laws, it is presumed that the lawmaking body intended right and justice to prevail. (n)
Art. 11. Customs which are contrary to law, public order or public policy shall not be countenanced. (n)
Art. 12. A custom must be proved as a fact, according to the rules of evidence. (n)
Art. 13. When the laws speak of years, months, days or nights, it shall be understood that years are of three hundred sixty-five days each; months,
of thirty days; days, of twenty-four hours; and nights from sunset to sunrise.
If months are designated by their name, they shall be computed by the number of days which they respectively have.
In computing a period, the first day shall be excluded, and the last day included. (7a)
Art. 14. 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. (8a)
Art. 15. Laws relating to family rights and duties, or to the status, condition and legal capacity of persons are binding upon citizens of the
Philippines, even though living abroad. (9a)
Art. 16. Real property as well as personal property is subject to the law of the country where it is stipulated.
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. (10a)
2|Martinez
Art. 17. 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.
When the acts referred to are executed before the diplomatic or consular officials of the Republic of the Philippines in a foreign country, the
solemnities established by Philippine laws shall be observed in their execution.
Prohibitive laws concerning persons, their acts or property, and those which have, for their object, public order, public policy and good customs
shall not be rendered ineffective by laws or judgments promulgated, or by determinations or conventions agreed upon in a foreign country. (11a)
Art. 18. In matters which are governed by the Code of Commerce and special laws, their deficiency shall be supplied by the provisions of this Code.
(16a)
CHAPTER 2
HUMAN RELATIONS (n)
Art. 19. 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.
Art. 20. Every person who, contrary to law, wilfully or negligently causes damage to another, shall indemnify the latter for the same.
Art. 21. 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.
Art. 22. 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.
Art. 23. 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.
Art. 24. 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. 25. Thoughtless extravagance in expenses for pleasure or display during a period of acute public want or emergency may be stopped by order
of the courts at the instance of any government or private charitable institution.
Art. 26. 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:
(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.
Art. 27. 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 he latter, without prejudice to any disciplinary administrative action that may be
taken.
Art. 28. Unfair competition in agricultural, commercial or industrial enterprises or in labor through the use of force, intimidation, deceit, machination
or any other unjust, oppressive or highhanded method shall give rise to a right of action by the person who thereby suffers damage.
Art. 29. 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. Upon motion of the
defendant, the court may require the plaintiff to file a bond to answer for damages in case the complaint should be found to be malicious.
If in a criminal case the judgment of acquittal is based upon reasonable doubt, the court shall so declare. 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.
3|Martinez
Art. 30. When a separate civil action is brought to demand civil liability arising from a criminal offense, and no criminal proceedings are instituted
during the pendency of the civil case, a preponderance of evidence shall likewise be sufficient to prove the act complained of.
Art. 31. When the civil action is based on an obligation not arising from the act or omission complained of as a felony, such civil action may proceed
independently of the criminal proceedings and regardless of the result of the latter.
Art. 32. 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:
(1) Freedom of religion;
(2) Freedom of speech;
(3) Freedom to write for the press or to maintain a periodical publication;
(4) Freedom from arbitrary or illegal detention;
(5) Freedom of suffrage;
(6) The right against deprivation of property without due process of law;
(7) The right to a just compensation when private property is taken for public use;
(8) The right to the equal protection of the laws;
(9) The right to be secure in one's person, house, papers, and effects against unreasonable searches and seizures;
(10) The liberty of abode and of changing the same;
(11) The privacy of communication and correspondence;
(12) The right to become a member of associations or societies for purposes not contrary to law;
(13) The right to take part in a peaceable assembly to petition the government for redress of grievances;
(14) The right to be free from involuntary servitude in any form;
(15) The right of the accused against excessive bail;
(16) The right of the accused to be heard by himself and counsel, to be informed of the nature and cause of the accusation against him, to have a
speedy and public trial, to meet the witnesses face to face, and to have compulsory process to secure the attendance of witness in his behalf;
(17) Freedom from being compelled to be a witness against one's self, or from being forced to confess guilt, or from being induced by a promise of
immunity or reward to make such confession, except when the person confessing becomes a State witness;
(18) Freedom from excessive fines, or cruel and unusual punishment, unless the same is imposed or inflicted in accordance with a statute which
has not been judicially declared unconstitutional; and
(19) Freedom of access to the courts.
In any of the cases referred to in this article, whether or not the defendant's act or omission constitutes a criminal offense, the aggrieved party has a
right to commence an entirely separate and distinct civil action for damages, and for other relief. Such civil action shall proceed independently of
any criminal prosecution (if the latter be instituted), and mat be proved by a preponderance of evidence.
The indemnity shall include moral damages. Exemplary damages may also be adjudicated.
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.
Art. 33. 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. Such civil action shall proceed independently of the criminal prosecution, and shall require only a preponderance of
evidence.
4|Martinez
Art. 34. 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. The civil
action herein recognized shall be independent of any criminal proceedings, and a preponderance of evidence shall suffice to support such action.
Art. 35. 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. Such civil action may be supported by a preponderance of evidence. Upon the defendant's motion, the court may require the plaintiff to
file a bond to indemnify the defendant in case the complaint should be found to be malicious.
If during the pendency of the civil action, an information should be presented by the prosecuting attorney, the civil action shall be suspended until
the termination of the criminal proceedings.
Art. 36. 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.
BOOK I
PERSONS
Title I.
CIVIL PERSONALITY
CHAPTER 1
GENERAL PROVISIONS
Art. 37. 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. (n)
Art. 38. Minority, insanity or imbecility, the state of being a deaf-mute, prodigality and civil interdiction are mere restrictions on capacity to act, and
do not exempt the incapacitated person from certain obligations, as when the latter arise from his acts or from property relations, such as
easements. (32a)
Art. 39. The following circumstances, among others, modify or limit capacity to act: age, insanity, imbecility, the state of being a deaf-mute, penalty,
prodigality, family relations, alienage, absence, insolvency and trusteeship. The consequences of these circumstances are governed in this Code,
other codes, the Rules of Court, and in special laws. Capacity to act is not limited on account of religious belief or political opinion.
A married woman, twenty-one years of age or over, is qualified for all acts of civil life, except in cases specified by law. (n)
CHAPTER 2
NATURAL PERSONS
Art. 40. Birth determines personality; but the conceived child shall be considered born for all purposes that are favorable to it, provided it be born
later with the conditions specified in the following article. (29a)
5|Martinez
Art. 41. For civil purposes, the fetus is considered born if it is alive at the time it is completely delivered from the mother's womb. However, if the
fetus had an intra-uterine life of less than seven months, it is not deemed born if it dies within twenty-four hours after its complete delivery from the
maternal womb. (30a)
Art. 42. Civil personality is extinguished by death.
The effect of death upon the rights and obligations of the deceased is determined by law, by contract and by will. (32a)
Art. 43. If there is a doubt, as between two or more persons who are called to succeed each other, as to which of them died first, whoever alleges
the death of one prior to the other, shall prove the same; in the absence of proof, it is presumed that they died at the same time and there shall be
no transmission of rights from one to the other. (33)
CHAPTER 3
JURIDICAL PERSONS
Art. 44. 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;
(3) Corporations, partnerships and associations for private interest or purpose to which the law grants a juridical personality, separate and distinct
from that of each shareholder, partner or member. (35a)
Art. 45. Juridical persons mentioned in Nos. 1 and 2 of the preceding article are governed by the laws creating or recognizing them.
Private corporations are regulated by laws of general application on the subject.
Partnerships and associations for private interest or purpose are governed by the provisions of this Code concerning partnerships. (36 and 37a)
Art. 46. 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. (38a)
Art. 47. Upon the dissolution of corporations, institutions and other entities for public interest or purpose mentioned in No. 2 of Article 44, their
property and other assets shall be disposed of in pursuance of law or the charter creating them. If nothing has been specified on this point, the
property and other assets shall be applied to similar purposes for the benefit of the region, province, city or municipality which during the existence
of the institution derived the principal benefits from the same. (39a)
Title II.
CITIZENSHIP AND DOMICILE
Art. 48. The following are citizens of the Philippines:
(1) Those who were citizens of the Philippines at the time of the adoption of the Constitution of the Philippines;
(2) Those born in the Philippines of foreign parents who, before the adoption of said Constitution, had been elected to public office in the
Philippines;
6|Martinez
(3) Those whose fathers are citizens of the Philippines;
(4) Those whose mothers are citizens of the Philippines and, upon reaching the age of majority, elect Philippine citizenship;
(5) Those who are naturalized in accordance with law. (n)
Art. 49. Naturalization and the loss and reacquisition of citizenship of the Philippines are governed by special laws. (n)
Art. 50. For the exercise of civil rights and the fulfillment of civil obligations, the domicile of natural persons is the place of their habitual residence.
(40a)
Art. 51. When the law creating or recognizing them, or any other provision does not fix the domicile of juridical persons, the same shall be
understood to be the place where their legal representation is established or where they exercise their principal functions. (41a)
Title III.
MARRIAGE
CHAPTER 1
REQUISITES OF MARRIAGE
Art. 52. Marriage is not a mere contract but an inviolable social institution. Its nature, consequences and incidents are governed by law and not
subject to stipulation, except that the marriage settlements may to a certain extent fix the property relations during the marriage. (n)
Art. 53. No marriage shall be solemnized unless all these requisites are complied with:
(1) Legal capacity of the contracting parties;
(2) Their consent, freely given;
(3) Authority of the person performing the marriage; and
(4) A marriage license, except in a marriage of exceptional character (Sec. 1a, Art. 3613).
Art. 54. Any male of the age of sixteen years or upwards, and any female of the age of fourteen years or upwards, not under any of the
impediments mentioned in Articles 80 to 84, may contract marriage. (2)
Art. 55. No particular form for the ceremony of marriage is required, but the parties with legal capacity to contract marriage must declare, in the
presence of the person solemnizing the marriage and of two witnesses of legal age, that they take each other as husband and wife. This
declaration shall be set forth in an instrument in triplicate, signed by signature or mark by the contracting parties and said two witnesses and
attested by the person solemnizing the marriage.
In case of a marriage on the point of death, when the dying party, being physically unable, cannot sign the instrument by signature or mark, it shall
be sufficient for one of the witnesses to the marriage to sign in his name, which fact shall be attested by the minister solemnizing the marriage. (3)
Art. 56. Marriage may be solemnized by:
(1) The Chief Justice and Associate Justices of the Supreme Court;
(2) The Presiding Justice and the Justices of the Court of Appeals;
(3) Judges of the Courts of First Instance;
(4) Mayors of cities and municipalities;

7|Martinez
(5) Municipal judges and justices of the peace;
(6) Priests, rabbis, ministers of the gospel of any denomination, church, religion or sect, duly registered, as provided in Article 92; and
(7) Ship captains, airplane chiefs, military commanders, and consuls and vice-consuls in special cases provided in Articles 74 and 75. (4a)
Art. 57. The marriage shall be solemnized publicly in the office of the judge in open court or of the mayor; or in the church, chapel or temple, as the
case may be, and not elsewhere, except in cases of marriages contracted on the point of death or in remote places in accordance with Article 72 of
this Code, or in case of marriage referred to in Article 76 or when one of the parents or the guardian of the female or the latter herself if over
eighteen years of age request it in writing, in which cases the marriage may be solemnized at a house or place designated by said parent or
guardian of the female or by the latter herself in a sworn statement to that effect. (5a)
Art. 58. Save marriages of an exceptional character authorized in Chapter 2 of this Title, but not those under Article 75, no marriage shall be
solemnized without a license first being issued by the local civil registrar of the municipality where either contracting party habitually resides. (7a)
Art. 59. The local civil registrar shall issue the proper license if each of the contracting parties swears separately before him or before any public
official authorized to administer oaths, to an application in writing setting forth that such party has the necessary qualifications for contracting
marriage. The applicants, their parents or guardians shall not be required to exhibit their residence certificates in any formality in connection with
the securing of the marriage license. Such application shall insofar as possible contain the following data:
(1) Full name of the contracting party;
(2) Place of birth;
(3) Age, date of birth;
(4) Civil status (single, widow or widower, or divorced);
(5) If divorced, how and when the previous marriage was dissolved;
(6) Present residence;
(7) Degree of relationship of the contracting parties;
(8) Full name of the father;
(9) Residence of the father;
(10) Full name of the mother;
(11) Residence of the mother;
(12) Full name and residence of the guardian or person having charge, in case the contracting party has neither father nor mother and is under the
age of twenty years, if a male, or eighteen years if a female. (7a)
Art. 60. The local civil registrar, upon receiving such application, shall require the exhibition of the original baptismal or birth certificates of the
contracting parties or copies of such documents duly attested by the persons having custody of the originals. These certificates or certified copies
of the documents required by this article need not to be sworn to and shall be exempt from the documentary stamp tax. The signature and official
title of the person issuing the certificate shall be sufficient proof of its authenticity.
If either of the contracting parties is unable to produce his baptismal or birth certificate or a certified copy of either because of the destruction or loss
of the original, or if it is shown by an affidavit of such party or of any other person that such baptismal or birth certificate has not yet been received
though the same has been requested of the person having custody thereof at least fifteen days prior to the date of the application, such party may
furnish in lieu thereof his residence certificate for the current year or any previous years, to show the age stated in his application or, in the absence
thereof, an instrument drawn up and sworn to before the local civil registrar concerned or any public official authorized to solemnize marriage. Such
instrument shall contain the sworn declaration of two witnesses, of lawful age, of either sex, setting forth the full name, profession, and residence of
such contracting party and of his or her parents, if known, and the place and date of birth of such party. The nearest of kin of the contracting parties
shall be preferred as witnesses, and in their default, persons well known in the province or the locality for their honesty and good repute.
The exhibition of baptismal or birth certificates shall not be required if the parents of the contracting parties appear personally before the local civil
registrar concerned and swear to the correctness of the lawful age of said parties, as stated in the application, or when the local civil registrar shall,
by merely looking at the applicants upon their personally appearing before him, be convinced that either or both of them have the required age. (8a)
8|Martinez
Art. 61. In case either of the contracting parties is a widowed or divorced person, the same shall be required to furnish, instead of the baptismal or
birth certificate required in the last preceding article, the death certificate of the deceased spouse or the decree of the divorce court, as the case
may be. In case the death certificate cannot be found, the party shall make an affidavit setting forth this circumstance and his or her actual civil
status and the name and the date of the death of the deceased spouse.
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. Such consent
shall be in writing, under oath taken with the appearance of the interested parties before the proper local civil registrar or in the form of an affidavit
made in the presence of two witnesses and attested before any official authorized by law to administer oaths. (9a)
Art. 62. 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. If they do not obtain such advice, or if it be unfavorable, the marriage shall not
take place till after three months following the completion of the publication of the application for marriage license. A sworn statement by the
contracting parties to the effect that such advice has been sought, together with the written advice given, if any, shall accompany the application for
marriage license. Should the parents or guardian refuse to give any advice, this fact shall be stated in the sworn declaration. (n)
Art. 63. The local civil registrar shall post during ten consecutive days at the main door of the building where he has his office a notice, the location
of which shall not be changed once it has been placed, setting forth the full names and domiciles of the applicants for a marriage license and other
information given in the application. This notice shall request all persons having knowledge of any impediment to the marriage to advise the local
registrar thereof. The license shall be issued after the completion of the publication, unless the local civil registrar receives information upon any
alleged impediment to the marriage. (10a)
Art. 64. Upon being advised of any alleged impediment to the marriage, the local civil registrar shall forthwith make an investigation, examining
persons under oath. If he is convicted that there is an impediment to the marriage, it shall be his duty to withhold the marriage license, unless he is
otherwise ordered by a competent court. (n)
Art. 65. The local civil registrar shall demand the previous payment of fees required by law or regulations for each license issued. No other sum
shall be collected, in the nature of a fee or tax of any kind, for the issuance of a marriage license. Marriage licenses shall be issued free of charge
to indigent parties, when both male and female do not each own assessed real property in excess of five hundred pesos, a fact certified to, without
cost, by the provincial treasurer, or in the absence thereof, by a statement duly sworn to by the contracting parties before the local civil registrar.
The license shall be valid in any part of the Philippines; but it shall be good for no more than one hundred and twenty days from the date on which it
is issued and shall be deemed canceled at the expiration of said period if the interested parties have not made use of it. (11a)
Art. 66. When either or both of the contracting parties are citizens or subjects of a foreign country, it shall be necessary, before a marriage license
can be obtained, to provide themselves with a certificate of legal capacity to contract marriage, to be issued by their respective diplomatic or
consular officials. (13a)
Art. 67. The marriage certificate in which the contracting parties shall state that they take each other as husband and wife, shall also contain:
(1) The full names and domiciles of the contracting parties;
(2) The age of each;
(3) A statement that the proper marriage license has been issued according to law and that the contracting parties have the consent of their parents
in case the male is under twenty or the female under eighteen years of age; and
(4) A statement that the guardian or parent has been informed of the marriage, if the male is between the ages of twenty and twenty-five years, and
the female between eighteen and twenty-three years of age. (15a)
Art. 68. It shall be the duty of the person solemnizing the marriage to furnish to either of the contracting parties one of the three copies of the
marriage contract referred to in Article 55, and to send another copy of the document not later than fifteen days after the marriage took place to the
local civil registrar concerned, whose duty it shall be to issue the proper receipt to any person sending a marriage contract solemnized by him,
including marriages of an exceptional character. The official, priest, or minister solemnizing the marriage shall retain the third copy of the marriage
contract, the marriage license and the affidavit of the interested party regarding the solemnization of the marriage in a place other than those
mentioned in Article 57 if there be any such affidavit, in the files that he must keep. (16a)
Art. 69. It shall be the duty of the local civil registrar to prepare the documents required by this Title, and to administer oaths to all interested parties
without any charge in both cases.
The documents and affidavits filed in connection with applications for marriage licenses shall be exempt from the documentary stamp tax. (17a)
9|Martinez
Art. 70. The local civil registrar concerned shall enter all applications for marriage licenses filed with him in a register book strictly in the order in
which the same shall be received. He shall enter in said register the names of the applicants, the date on which the marriage license was issued,
and such other data as may be necessary. (18a)
Art. 71. All marriages performed outside the Philippines in accordance with the laws in force in the country where they were performed, and valid
there as such, shall also be valid in this country, except bigamous, polygamous, or incestuous marriages as determined by Philippine law. (19a)
CHAPTER 2
MARRIAGES OF EXCEPTIONAL CHARACTER
Art. 72. In case either of the contracting parties is on the point of death or the female has her habitual residence at a place more than fifteen
kilometers distant from the municipal building and there is no communication by railroad or by provincial or local highways between the former and
the latter, the marriage may be solemnized without necessity of a marriage license; but in such cases the official, priest, or minister solemnizing it
shall state in an affidavit made before the local civil registrar or any person authorized by law to administer oaths that the marriage was performed
in articulo mortis or at a place more than fifteen kilometers distant from the municipal building concerned, in which latter case he shall give the
name of the barrio where the marriage was solemnized. The person who solemnized the marriage shall also state, in either case, that he took the
necessary steps to ascertain the ages and relationship of the contracting parties and that there was in his opinion no legal impediment to the
marriage at the time that it was solemnized. (20)
Art. 73. The original of the affidavit required in the last preceding article, together with a copy of the marriage contract, shall be sent by the person
solemnizing the marriage to the local civil registrar of the municipality where it was performed within the period of thirty days, after the performance
of the marriage. The local civil registrar shall, however, before filing the papers, require the payment into the municipal treasury of the legal fees
required in Article 65. (21)
Art. 74. A marriage in articulo mortis may also be solemnized by the captain of a ship or chief of an airplane during a voyage, or by the
commanding officer of a military unit, in the absence of a chaplain, during war. The duties mentioned in the two preceding articles shall be complied
with by the ship captain, airplane chief or commanding officer. (n)
Art. 75. Marriages between Filipino citizens abroad may be solemnized by consuls and vice-consuls of the Republic of the Philippines. The duties
of the local civil registrar and of a judge or justice of the peace or mayor with regard to the celebration of marriage shall be performed by such
consuls and vice-consuls. (n)
Art. 76. No marriage license shall be necessary when a man and a woman who have attained the age of majority and who, being unmarried, have
lived together as husband and wife for at least five years, desire to marry each other. The contracting parties shall state the foregoing facts in an
affidavit before any person authorized by law to administer oaths. The official, priest or minister who solemnized the marriage shall also state in an
affidavit that he took steps to ascertain the ages and other qualifications of the contracting parties and that he found no legal impediment to the
marriage. (n)
Art. 77. In case two persons married in accordance with law desire to ratify their union in conformity with the regulations, rites, or practices of any
church, sect, or religion it shall no longer be necessary to comply with the requirements of Chapter 1 of this Title and any ratification made shall
merely be considered as a purely religious ceremony. (23)
Art. 78. Marriages between Mohammedans or pagans who live in the non-Christian provinces may be performed in accordance with their customs,
rites or practices. No marriage license or formal requisites shall be necessary. Nor shall the persons solemnizing these marriages be obliged to
comply with Article 92.
However, twenty years after approval of this Code, all marriages performed between Mohammedans or pagans shall be solemnized in accordance
with the provisions of this Code. But the President of the Philippines, upon recommendation of the Secretary of the Interior, may at any time before
the expiration of said period, by proclamation, make any of said provisions applicable to the Mohammedan and non-Christian inhabitants of any of
the non-Christian provinces. (25a)
Art. 79. Mixed marriages between a Christian male and a Mohammedan or pagan female shall be governed by the general provision of this Title
and not by those of the last preceding article, but mixed marriages between a Mohammedan or pagan male and a Christian female may be
performed under the provisions of the last preceding article if so desired by the contracting parties, subject, however, in the latter case to the
provisions of the second paragraph of said article. (26)
10 | M a r t i n e z
CHAPTER 3
VOID AND VOIDABLE MARRIAGES
Art. 80. The following marriages shall be void from the beginning:
(1) Those contracted under the ages of sixteen and fourteen years by the male and female respectively, even with the consent of the parents;
(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. (n)
Art. 81. Marriages between the following are incestuous and void from their performance, whether the relationship between the parties be legitimate
or illegitimate:
(1) Between ascendants and descendants of any degree;
(2) Between brothers and sisters, whether of the full or half blood;
(3) Between collateral relatives by blood within the fourth civil degree. (28a)
Art. 82. The following marriages shall also be void from the beginning:
(1) Between stepfathers and stepdaughters, and stepmothers and stepsons;
(2) Between the adopting father or mother and the adopted, between the latter and the surviving spouse of the former, and between the former and
the surviving spouse of the latter;
(3) Between the legitimate children of the adopter and the adopted. (28a)
Art. 83. Any marriage subsequently contracted by any person during the lifetime of the first spouse of such person with any person other than such
first spouse shall be illegal and void from its performance, unless:
(1) The first marriage was annulled or dissolved; or
(2) The first spouse had been absent for seven consecutive years at the time of the second marriage without the spouse present having news of
the absentee being alive, or if the absentee, though he has been absent for less than seven years, is generally considered as dead and believed to
be so by the spouse present at the time of contracting such subsequent marriage, or if the absentee is presumed dead according to Articles 390
and 391. The marriage so contracted shall be valid in any of the three cases until declared null and void by a competent court. (29a)
Art. 84. No marriage license shall be issued to a widow till after three hundred days following the death of her husband, unless in the meantime she
has given birth to a child. (n)
Art. 85. A marriage may be annulled for any of the following causes, existing at the time of the marriage:
(1) That the party in whose behalf it is sought to have the marriage annulled was between the ages of sixteen and twenty years, if male, or between
the ages of fourteen and eighteen years, if female, and the marriage was solemnized without the consent of the parent, guardian or person having
authority over the party, unless after attaining the ages of twenty or eighteen years, as the case may be, such party freely cohabited with the other
and both lived together as husband and wife;
(2) In a subsequent marriage under Article 83, Number 2, that the former husband or wife believed to be dead was in fact living and the marriage
with such former husband or wife was then in force;
(3) That either party was of unsound mind, unless such party, after coming to reason, freely cohabited with the other as husband or wife;
(4) That the consent of either party was obtained by fraud, unless such party afterwards, with full knowledge of the facts constituting the fraud,
freely cohabited with the other as her husband or his wife, as the case may be;
(5) That the consent of either party was obtained by force or intimidation, unless the violence or threat having disappeared, such party afterwards
freely cohabited with the other as her husband or his wife, as the case may be;
(6) That either party was, at the time of marriage, physically incapable of entering into the married state, and such incapacity continues, and
appears to be incurable. (30a)
Art. 86. Any of the following circumstances shall constitute fraud referred to in Number 4 of the preceding article:
(1) Misrepresentation as to the identity of one of the contracting parties;
(2) Non-disclosure of the previous conviction of the other party of a crime involving moral turpitude, and the penalty imposed was imprisonment for
two years or more;
(3) Concealment by the wife of the fact that at the time of the marriage, she was pregnant by a man other than her husband.
No other misrepresentation or deceit as to character, rank, fortune or chastity shall constitute such fraud as will give grounds for action for the
annulment of marriage. (n)
Art. 87. The action for annulment of marriage must be commenced by the parties and within the periods as follows:
(1) For causes mentioned in Number 1 of Article 85, by the party whose parent or guardian did not give his or her consent, within four years after
attaining the age of twenty or eighteen years, as the case may be; or by the parent or guardian or person having legal charge, at any time before
such party has arrived at the age of twenty or eighteen years;
(2) For causes mentioned in Number 2 of Article 85, by the spouse who has been absent, during his or her lifetime; or by either spouse of the
subsequent marriage during the lifetime of the other;
(3) For causes mentioned in Number 3 of Article 85, by the sane spouse, who had no knowledge of the other's insanity; or by any relative or
guardian of the party of unsound mind, at any time before the death of either party;
(4) For causes mentioned in Number 4, by the injured party, within four years after the discovery of the fraud;
(5) For causes mentioned in Number 5, by the injured party, within four years from the time the force or intimidation ceased;
(6) For causes mentioned in Number 6, by the injured party, within eight years after the marriage. (31a)
Art. 88. No judgment annulling a marriage shall be promulgated upon a stipulation of facts or by confession of judgment.
Art. 89. Children conceived or born of marriages which are void from the beginning shall have the same status, rights and obligations as
acknowledged natural children, and are called natural children by legal fiction.
Children conceived of voidable marriages before the decree of annulment shall be considered as legitimate; and children conceived thereafter shall
have the same status, rights and obligations as acknowledged natural children, and are also called natural children by legal fiction. (n)
Art. 90. When a marriage is annulled, the court shall award the custody of the children as it may deem best, and make provision for their education
and support. Attorney's fees and expenses incurred in the litigation shall be charged to the conjugal partnership property, unless the action fails.
(33a)
Art. 91. Damages may be awarded in the following cases when the marriage is judicially annulled or declared void from the beginning:
(1) If there has been fraud, force or intimidation in obtaining the consent of one of the contracting parties;
(2) If either party was, at the time of the marriage, physically incapable of entering into the married state, and the other party was unaware thereof;
(3) If the person solemnizing the marriage was not legally authorized to perform marriages, and that fact was known to one of the contracting
parties, but he or she concealed it from the other;
(4) If a bigamous or polygamous marriage was celebrated, and the impediment was concealed from the plaintiff by the party disqualified;
(5) If in an incestuous marriage, or a marriage between a stepbrother and a stepsister or other marriage prohibited by article 82, the relationship
was known to only one of the contracting parties but was not disclosed to the other;
(6) If one party was insane and the other was aware thereof at the time of the marriage. (n)
CHAPTER 4
AUTHORITY TO SOLEMNIZE MARRIAGES
Art. 92. Every priest, or minister, or rabbi authorized by his denomination, church, sect, or religion to solemnize marriage shall send to the proper
government office a sworn statement setting forth his full name and domicile, and that he is authorized by his denomination, church, sect, or
religion to solemnize marriage, attaching to said statement a certified copy of his appointment. The director of the proper government office, upon
receiving such sworn statement containing the information required, and being satisfied that the denomination, church, sect, or region of the
applicant operates in the Philippines, shall record the name of such priest or minister in a suitable register and issue to him an authorization to
solemnize marriage. Said priest or minister or rabbi shall be obliged to exhibit his authorization to the contracting parties, to their parents,
grandparents, guardians, or persons in charge demanding the same. No priest or minister not having the required authorization may solemnize
marriage. (34a)
Art. 93. Freedom of religion shall be observed by public officials in the issuance of authorization to solemnize marriages. Consequently, no public
official shall attempt to inquire into the truth or validity of any religious doctrine held by the applicant or by his church. (n)
Art. 94. The public official in charge of registration of priests and ministers shall cancel the authorization issued to a bishop, head, priest, rabbi,
pastor or minister of the gospel of any denomination, church, sect, or religion, on his own initiative or at the request of any interested party, upon
showing that the church, sect or religion whose ministers have been authorized to solemnize marriage is no longer in operation. The cancellation of
the authorization granted to a priest, pastor or minister shall likewise be ordered upon the request of the bishop, head, or lawful authorities of the
denomination, church, sect or religion to which he belongs. (35a)
Art. 95. The public official in charge of registration of priests and ministers, with the approval of the proper head of Department, is hereby
authorized to prepare the necessary forms and to promulgate regulations for the purpose of enforcing the provisions of this Title. Said official may
also by regulations fix and collect fees for the authorization of priests and ministers to solemnize marriages. (36a)
Art. 96. The existing laws which punish acts or omissions concerning the marriage license, solemnization of marriage, authority to solemnize
marriages, and other acts or omissions relative to the celebration of marriage shall remain and continue to be in force. (n)
Title IV.
LEGAL SEPARATION
Art. 97. A petition for legal separation may be filed:
(1) For adultery on the part of the wife and for concubinage on the part of the husband as defined in the Penal Code; or
(2) An attempt by one spouse against the life of the other. (n)
Art. 98. In every case the court must take steps, before granting the legal separation, toward the reconciliation of the spouses, and must be fully
satisfied that such reconciliation is highly improbable. (n)
Art. 99. No person shall be entitled to a legal separation who has not resided in the Philippines for one year prior to the filing of the petition, unless
the cause for the legal separation has taken place within the territory of this Republic. (Sec. 2a, Act No. 2710)
Art. 100. 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. Where both spouses are offenders, a legal separation cannot be claimed by either of them. Collusion between the parties to obtain
legal separation shall cause the dismissal of the petition. (3a, Act No. 2710)
Art. 101. No decree of legal separation shall be promulgated upon a stipulation of facts or by confession of judgment.
In case of non-appearance of the defendant, the court shall order the prosecuting attorney to inquire whether or not a collusion between the parties
exists. If there is no collusion, the prosecuting attorney shall intervene for the State in order to take care that the evidence for the plaintiff is not
fabricated. (n)
Art. 102. An action for legal separation cannot be filed except within one year from and after the date on which the plaintiff became cognizant of the
cause and within five years from and after the date when such cause occurred. (4a, Act 2710)
Art. 103. An action for legal separation shall in no case be tried before six months shall have elapsed since the filing of the petition. (5a, Act 2710)
Art. 104. After the filing of the petition for legal separation, the spouses shall be entitled to live separately from each other and manage their
respective property.
The husband shall continue to manage the conjugal partnership property but if the court deems it proper, it may appoint another to manage said
property, in which case the administrator shall have the same rights and duties as a guardian and shall not be allowed to dispose of the income or
of the capital except in accordance with the orders of the court. (6, Act 2710)
Art. 105. During the pendency of legal separation proceedings the court shall make provision for the care of the minor children in accordance with
the circumstances and may order the conjugal partnership property or the income therefrom to be set aside for their support; and in default thereof
said minor children shall be cared for in conformity with the provisions of this Code; but the Court shall abstain from making any order in this
respect in case the parents have by mutual agreement, made provision for the care of said minor children and these are, in the judgment of the
court, well cared for. (7a, Act 2710)
Art. 106. The decree of legal separation shall have the following effects:
(1) The spouses shall be entitled to live separately from each other, but marriage bonds shall not be severed;
(2) The conjugal partnership of gains or the absolute conjugal community of property shall be dissolved and liquidated, but the offending spouse
shall have no right to any share of the profits earned by the partnership or community, without prejudice to the provisions of Article 176;
(3) The custody of the minor children shall be awarded to the innocent spouse, unless otherwise directed by the court in the interest of said minors,
for whom said court may appoint a guardian;
(4) The offending spouse shall be disqualified from inheriting from the innocent spouse by intestate succession. Moreover, provisions in favor of the
offending spouse made in the will of the innocent one shall be revoked by operation of law. (n)
Art. 107. The innocent spouse, after a decree of legal separation has been granted, may revoke the donations by reason of marriage made by him
or by her to the offending spouse. Alienation and mortgages made before the notation of the complaint for revocation in the Registry of Property
shall be valid.
This action lapses after four years following the date the decree became final. (n)
Art. 108. Reconciliation stops the proceedings for legal separation and rescinds the decree of legal separation already rendered.
The revival of the conjugal partnership of gains or of the absolute conjugal community of property shall be governed by Article 195. (10a. Act 2710)
Title V.
RIGHTS AND OBLIGATIONS BETWEEN HUSBAND AND WIFE

Art. 109. The husband and wife are obliged to live together, observe mutual respect and fidelity, and render mutual help and support. (56a)
Art. 110. The husband shall fix the residence of the family. But the court may exempt the wife from living with the husband if he should live abroad
unless in the service of the Republic. (58a)
Art. 111. The husband is responsible for the support of the wife and the rest of the family. These expenses shall be met first from the conjugal
property, then from the husband's capital, and lastly from the wife's paraphernal property. In case there is a separation of property, by stipulation in
the marriage settlements, the husband and wife shall contribute proportionately to the family expenses. (n)
Art. 112. The husband is the administrator of the conjugal property, unless there is a stipulation in the marriage settlements conferring the
administration upon the wife. She may also administer the conjugal partnership in other cases specified in this Code. (n)
Art. 113. The husband must be joined in all suits by or against the wife, except:
(1) When they are judicially separated;
(2) If they have in fact been separated for at least one year;
(3) When there is a separation of property agreed upon in the marriage settlements;
(4) If the administration of all the property in the marriage has been transferred to her, in accordance with Articles 196 and 197;
(5) When the litigation is between the husband and wife;
(6) If the suit concerns her paraphernal property;
(7) When the action is upon the civil liability arising from a criminal offense;
(8) If the litigation is incidental to the profession, occupation or business in which she is engaged;
(9) In any civil action referred to in Articles 25 to 35; and
(10) In an action upon a quasi-delict.
In the cases mentioned in Nos. 7 to 10, the husband must be joined as a party defendant if the third paragraph of Article 163 is applicable. (n)
Art. 114. The wife cannot, without the husband's consent acquire any property by gratuitous title, except from her ascendants, descendants,
parents-in-law, and collateral relatives within the fourth degree. (n)
Art. 115. The wife manages the affairs of the household. She may purchase things necessary for the support of the family, and the conjugal
partnership shall be bound thereby. She may borrow money for this purpose, if the husband fails to deliver the proper sum. The purchase of jewelry
and precious objects is voidable, unless the transaction has been expressly or tacitly approved by the husband, or unless the price paid is from her
paraphernal property. (62a)
Art. 116. When one of the spouses neglects his or her duties to the conjugal union or brings danger, dishonor or material injury upon the other, the
injured party may apply to the court for relief.
The court may counsel the offender to comply with his or her duties, and take such measures as may be proper. (n)
Art. 117. The wife may exercise any profession or occupation or engage in business. However, the husband may object, provided:
(1) His income is sufficient for the family, according to its social standing, and
(2) His opposition is founded on serious and valid grounds.
In case of disagreement on this question, the parents and grandparents as well as the family council, if any, shall be consulted. If no agreement is
still arrived at, the court will decide whatever may be proper and in the best interest of the family. (n)
Title VI.
PROPERTY RELATIONS BETWEEN HUSBAND AND WIFE
CHAPTER 1
GENERAL PROVISIONS
Art. 118. The property relations between husband and wife shall be governed in the following order:
(1) By contract executed before the marriage;
(2) By the provisions of this Code; and
(3) By custom. (1315a)
Art. 119. The future spouses may in the marriage settlements agree upon absolute or relative community of property, or upon complete separation
of property, or upon any other regime. In the absence of marriage settlements, or when the same are void, the system of relative community or
conjugal partnership of gains as established in this Code, shall govern the property relations between husband and wife. (n)
Art. 120. A minor who according to law may contract marriage, may also execute his or her marriage settlements; but they shall be valid only if the
persons designated by law to give consent to the marriage of the minor take part in the ante-nuptial agreement. In the absence of the parents or of
a guardian, the consent to the marriage settlements will be given by the family council. (1318a)
Art. 121. In order that any modification in the marriage settlements may be valid, it must be made before the celebration of the marriage, subject to
the provisions of Article 191. (1319a)
Art. 122. The marriage settlements and any modification thereof shall be governed by the Statute of Frauds, and executed before the celebration of
the marriage. They shall not prejudice third persons unless they are recorded in the Registry of Property. (1321a)
Art. 123. For the validity of marriage settlements executed by any person upon whom a sentence of civil interdiction has been pronounced, the
presence and participation of the guardian shall be indispensable, who for this purpose shall be designated by a competent court, in accordance
with the provisions of the Rules of Court. (1323a)
Art. 124. If the marriage is between a citizen of the Philippines and a foreigner, whether celebrated in the Philippines or abroad, the following rules
shall prevail:
(1) If the husband is a citizen of the Philippines while the wife is a foreigner, the provisions of this Code shall govern their relations;
(2) If the husband is a foreigner and the wife is a citizen of the Philippines, the laws of the husband's country shall be followed, without prejudice to
the provisions of this Code with regard to immovable property. (1325a)
Art. 125. Everything stipulated in the settlements or contracts referred to in the preceding articles in consideration of a future marriage shall be
rendered void and without effect whatever, if the marriage should not take place. However, those stipulations that do not depend upon the
celebration of the marriage shall be valid. (1326a)
CHAPTER 2
DONATIONS BY REASON OF MARRIAGE
Art. 126. Donations by reasons of marriage are those which are made before its celebration, in consideration of the same and in favor of one or
both of the future spouses. (1327)
Art. 127. These donations are governed by the rules on ordinary donations established in Title III of Book III, except as to their form which shall be
regulated by the Statute of Frauds; and insofar as they are not modified by the following articles. (1328a)
Art. 128. Minors may make and receive donations in their ante-nuptial contract, provided they are authorized by the persons who are to give their
consent to the marriage of said minors. (1329a)
Art. 129. Express acceptance is not necessary for the validity of these donations. (1330)
Art. 130. The future spouses may give each other in their marriage settlements as much as one-fifth of their present property, and with respect to
their future property, only in the event of death, to the extent laid down by the provisions of this Code referring to testamentary succession. (1331a)
Art. 131. The donor by reason of marriage shall release the property donated from mortgages and all other encumbrances upon the same, with the
exception of easements, unless in the marriage settlements or in the contracts the contrary has been stipulated. (1332a)
Art. 132. A donation by reason of marriage is not revocable, save in the following cases:
(1) If it is conditional and the condition is not complied with;
(2) If the marriage is not celebrated;
(3) When the marriage takes place without the consent of the parents or guardian, as required by law;
(4) When the marriage is annulled, and the donee acted in bad faith;
(5) Upon legal separation, the donee being the guilty spouse;
(6) When the donee has committed an act of ingratitude as specified by the provisions of this Code on donations in general. (1333a)
Art. 133. Every donation between the spouses during the marriage shall be void. This prohibition does not apply when the donation takes effect
after the death of the donor.
Neither does this prohibition apply to moderate gifts which the spouses may give each other on the occasion of any family rejoicing. (1334a)
Art. 134. Donations during the marriage by one of the spouses to the children whom the other spouse had by another marriage, or to persons of
whom the other spouse is a presumptive heir at the time of the donation are voidable, at the instance of the donor's heirs after his death. (1335a)
CHAPTER 3
PARAPHERNAL PROPERTY
Art. 135. All property brought by the wife to the marriage, as well as all property she acquires during the marriage, in accordance with article 148, is
paraphernal. (1381a)
Art. 136. The wife retains the ownership of the paraphernal property. (1382)
Art. 137. The wife shall have the administration of the paraphernal property, unless she delivers the same to the husband by means of a public
instrument empowering him to administer it.
In this case, the public instrument shall be recorded in the Registry of Property. As for the movables, the husband shall give adequate security.
(1384a)
Art. 138. The fruits of the paraphernal property form part of the assets of the conjugal partnership, and shall be subject to the payment of the
expenses of the marriage.
The property itself shall also be subject to the daily expenses of the family, if the property of the conjugal partnership and the husband's capital are
not sufficient therefor. (1385a)
Art. 139. The personal obligations of the husband can not be enforced against the fruits of the paraphernal property, unless it be proved that they
redounded to the benefit of the family. (1386)
Art. 140. A married woman of age may mortgage, encumber, alienate or otherwise dispose of her paraphernal property, without the permission of
the husband, and appear alone in court to litigate with regard to the same. (n)
Art. 141. The alienation of any paraphernal property administered by the husband gives a right to the wife to require the constitution of a mortgage
or any other security for the amount of the price which the husband may have received. (1390a)
CHAPTER 4
CONJUGAL PARTNERSHIP OF GAINS
SECTION 1. - General Provisions
Art. 142. By means of the conjugal partnership of gains the husband and wife place in a common fund the fruits of their separate property and the
income from their work or industry, and divide equally, upon the dissolution of the marriage or of the partnership, the net gains or benefits obtained
indiscriminately by either spouse during the marriage. (1392a)
Art. 143. All property of the conjugal partnership of gains is owned in common by the husband and wife. (n)
Art. 144. When a man and a woman live together as husband and wife, but they are not married, or their marriage is void from the beginning, the
property acquired by either or both of them through their work or industry or their wages and salaries shall be governed by the rules on co-
ownership. (n)
Art. 145. The conjugal partnership shall commence precisely on the date of the celebration of the marriage. Any stipulation to the contrary shall be
void. (1393)
Art. 146. Waiver of the gains or of the effects of this partnership during marriage cannot be made except in case of judicial separation.
When the waiver takes place by reason of separation, or after the marriage has been dissolved or annulled, the same shall appear in a public
instrument, and the creditors shall have the right which Article 1052 grants them. (1394a)
Art. 147. The conjugal partnership shall be governed by the rules on the contract of partnership in all that is not in conflict with what is expressly
determined in this Chapter. (1395)
SECTION 2. - Exclusive Property of Each Spouse
Art. 148. The following shall be the exclusive property of each spouse:
(1) That which is brought to the marriage as his or her own;
(2) That which each acquires, during the marriage, by lucrative title;
(3) That which is acquired by right of redemption or by exchange with other property belonging to only one of the spouses;
(4) That which is purchased with exclusive money of the wife or of the husband. (1396)
Art. 149. Whoever gives or promises capital to the husband shall not be subject to warranty against eviction, except in case of fraud. (1937)
Art. 150. Property donated or left by will to the spouses, jointly and with designation of determinate shares, shall pertain to the wife as paraphernal
property, and to the husband as capital, in the proportion specified by the donor or testator, and in the absence of designation, share and share
alike, without prejudice to what is provided in Article 753. (1398a)
Art. 151. If the donations are onerous, the amount of the charges shall be deducted from the paraphernal property or from the husband's capital,
whenever they have been borne by the conjugal partnership. (1399a)
Art. 152. If some credit payable in a certain number of years, or a life pension, should pertain to one of the spouses, the provisions of Articles 156
and 157 shall be observed to determine what constitutes the paraphernal property and what forms the capital of the husband. (1400a)
SECTION 3. - Conjugal Partnership Property
Art. 153. The following are conjugal partnership property:
(1) That which is acquired by onerous title during the marriage at the expense of the common fund, whether the acquisition be for the partnership,
or for only one of the spouses;
(2) That which is obtained by the industry, or work, or as salary of the spouses, or of either of them;
(3) The fruits, rents or interests received or due during the marriage, coming from the common property or from the exclusive property of each
spouse. (1401)
Art. 154. That share of the hidden treasure which the law awards to the finder or the proprietor belongs to the conjugal partnership. (n)
Art. 155. Things acquired by occupation, such as fishing and hunting, pertain to the conjugal partnership of gains. (n)
Art. 156. Whenever an amount or credit payable in a certain number of years belongs to one of the spouses, the sums which may be collected by
installments due during the marriage shall not pertain to the conjugal partnership, but shall be considered capital of the husband or of the wife, as
the credit may belong to one or the other spouse. (1402)
Art. 157. The right to an annuity, whether perpetual or of life, and the right of usufruct, belonging to one of the spouses shall form a part of his or her
separate property, but the fruits, pensions and interests due during the marriage shall belong to the partnership.
The usufruct which the spouses have over the property of their children, though of another marriage, shall be included in this provision. (1403a)
Art. 158. Improvements, whether for utility or adornment, made on the separate property of the spouses through advancements from the
partnership or through the industry of either the husband or the wife, belong to the conjugal partnership.
Buildings constructed, at the expense of the partnership, during the marriage on land belonging to one of the spouses, also pertain to the
partnership, but the value of the land shall be reimbursed to the spouse who owns the same. (1404a)
Art. 159. Whenever the paraphernal property or the husband's capital consists, in whole or in part, of livestock existing upon the dissolution of the
partnership, the number of animals exceeding that brought to the marriage shall be deemed to be of the conjugal partnership. (1405a)
Art. 160. All property of the marriage is presumed to belong to the conjugal partnership, unless it be proved that it pertains exclusively to the
husband or to the wife. (1407)
SECTION 4. - Charges Upon and Obligation of the Conjugal Partnership
Art. 161. The conjugal partnership shall be liable for:
(1) All debts and obligations contracted by the husband for the benefit of the conjugal partnership, and those contracted by the wife, also for the
same purpose, in the cases where she may legally bind the partnership;
(2) Arrears or income due, during the marriage, from obligations which constitute a charge upon property of either spouse or of the partnership;
(3) Minor repairs or for mere preservation made during the marriage upon the separate property of either the husband or the wife; major repairs
shall not be charged to the partnership;
(4) Major or minor repairs upon the conjugal partnership property;
(5) The maintenance of the family and the education of the children of both husband and wife, and of legitimate children of one of the spouses;
(6) Expenses to permit the spouses to complete a professional, vocational or other course. (1408a)
Art. 162. The value of what is donated or promised to the common children by the husband, only for securing their future or the finishing of a
career, or by both spouses through a common agreement, shall also be charged to the conjugal partnership, when they have not stipulated that it is
to be satisfied from the property of one of them, in whole or in part. (1409)
Art. 163. The payment of debts contracted by the husband or the wife before the marriage shall not be charged to the conjugal partnership.
Neither shall the fines and pecuniary indemnities imposed upon them be charged to the partnership.
However, the payment of debts contracted by the husband or the wife before the marriage, and that of fines and indemnities imposed upon them,
may be enforced against the partnership assets after the responsibilities enumerated in Article 161 have been covered, if the spouse who is bound
should have no exclusive property or if it should be insufficient; but at the time of the liquidation of the partnership such spouse shall be charged for
what has been paid for the purpose above-mentioned. (1410)
Art. 164. Whatever may be lost during the marriage in any kind of gambling, betting or game, whether permitted or prohibited by law, shall be borne
by the loser, and shall not be charged to the conjugal partnership. (1411a)
SECTION 5. - Administration of the Conjugal Partnership
Art. 165. The husband is the administrator of the conjugal partnership. (1412a)
Art. 166. Unless the wife has been declared a non compos mentis or a spendthrift, or is under civil interdiction or is confined in a leprosarium, the
husband cannot alienate or encumber any real property of the conjugal partnership without the wife's consent. If she refuses unreasonably to give
her consent, the court may compel her to grant the same.
This article shall not apply to property acquired by the conjugal partnership before the effective date of this Code. (1413a)
Art. 167. In case of abuse of powers of administration of the conjugal partnership property by the husband, the courts, on petition of the wife, may
provide for receivership, or administration by the wife, or separation of property. (n)
Art. 168. The wife may, by express authority of the husband embodied in a public instrument, administer the conjugal partnership property. (n)
Art. 169. The wife may also by express authority of the husband appearing in a public instrument, administer the latter's estate. (n)
Art. 170. The husband or the wife may dispose by will of his or her half of the conjugal partnership profits. (1414a)
Art. 171. The husband may dispose of the conjugal partnership property for the purposes specified in Articles 161 and 162. (1415a)
Art. 172. The wife cannot bind the conjugal partnership without the husband's consent except in cases provided by law. (1416a)
Art. 173. The wife may, during the marriage, and within ten years from the transaction questioned, ask the courts for the annulment of any contract
of the husband entered into without her consent, when such consent is required, or any act or contract of the husband which tends to defraud her
or impair her interest in the conjugal partnership property. Should the wife fail to exercise this right, she or her heirs, after the dissolution of the
marriage, may demand the value of property fraudulently alienated by the husband. (n)
Art. 174. With the exception of moderate donations for charity, neither husband nor wife can donate any property of the conjugal partnership
without the consent of the other. (n)
SECTION 6. - Dissolution of the Conjugal Partnership
Art. 175. The conjugal partnership of gains terminates:
(1) Upon the death of either spouse;
(2) When there is a decree of legal separation;
(3) When the marriage is annulled;
(4) In case of judicial separation of property under Article 191. (1417a)
Art. 176. In case of legal separation, the guilty spouse shall forfeit his or her share of the conjugal partnership profits, which shall be awarded to the
children of both, and the children of the guilty spouse had by a prior marriage. However, if the conjugal partnership property came mostly or entirely
from the work or industry, or from the wages and salaries, or from the fruits of the separate property of the guilty spouse, this forfeiture shall not
apply.
In case there are no children, the innocent spouse shall be entitled to all the net profits. (n)
Art. 177. In case of annulment of the marriage, the spouse who acted in bad faith or gave cause for annulment shall forfeit his or her share of the
conjugal partnership profits. The provision of the preceding article shall govern. (n)
Art. 178. The separation in fact between husband and wife without judicial approval, shall not affect the conjugal partnership, except that:
(1) The spouse who leaves the conjugal home or refuses to live therein, without just cause, shall not have a right to be supported;
(2) When the consent of one spouse to any transaction of the other is required by law, judicial authorization shall be necessary;
(3) If the husband has abandoned the wife without just cause for at least one year, she may petition the court for a receivership, or administration
by her of the conjugal partnership property, or separation of property. (n)
SECTION 7. - Liquidation of the Conjugal Partnership
Art. 179. Upon the dissolution of the conjugal partnership, an inventory shall be formed, but such inventory shall not be necessary:
(1) If, after the dissolution of the partnership, one of the spouses should have renounced its effects and consequences in due time; or
(2) When separation of property has preceded the dissolution of the partnership. (1418a)
Art. 180. The bed and bedding which the spouses ordinarily use shall not be included in the inventory. These effects, as well as the clothing for
their ordinary use, shall be delivered to the surviving spouse. (1420)
Art. 181. The inventory having been completed, the paraphernal property shall first be paid. Then, the debts and charges against the conjugal
partnership shall be paid. (1422a)
Art. 182. The debts, charges and obligations of the conjugal partnership having been paid; the capital of the husband shall be liquidated and paid to
the amount of the property inventoried. (1423a)
Art. 183. The deductions from the inventoried property having been made as provided in the two preceding articles, the remainder of said property
shall constitute the credit of the conjugal partnership. (1424)
Art. 184. The loss or deterioration of the movables belonging to either spouse, although through fortuitous event, shall be paid from the conjugal
partnership of gains, should there be any.
Those suffered by real property shall not be reimbursable in any case, except those on paraphernal property administered by the husband, when
the losses were due to his fault. He shall pay for the same. (1425a)
Art. 185. The net remainder of the conjugal partnership of gains shall be divided equally between the husband and the wife or their respective heirs,
unless a different basis of division was agreed upon in the marriage settlements. (1426a)
Art. 186. The mourning apparel of the widow shall be paid for out of the estate of the deceased husband. (1427a)
Art. 187. 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.
(1428a)
Art. 188. From the common mass of property support shall be given to the surviving spouse and to the children during the liquidation of the
inventoried property and until what belongs to them is delivered; but from this shall be deducted that amount received for support which exceeds
the fruits or rents pertaining to them. (1430)
Art. 189. Whenever the liquidation of the partnership of two or more marriages contracted by the same person should be carried out at the same
time, in order to determine the capital of each partnership all kinds of proof in the absence of inventories shall be admitted; and in case of doubt,
the partnership property shall be divided between the different partnerships in proportion to the duration of each and to the property belonging to
the respective spouses. (1431)
CHAPTER 5
SEPARATION OF PROPERTY OF THE SPOUSES AND ADMINISTRATION OF PROPERTY BY THE WIFE DURING THE MARRIAGE
Art. 190. In the absence of an express declaration in the marriage settlements, the separation of property between spouses during the marriage
shall not take place save in virtue of a judicial order. (1432a)
Art. 191. The husband or the wife may ask for the separation of property, and it shall be decreed when the spouse of the petitioner has been
sentenced to a penalty which carries with it civil interdiction, or has been declared absent, or when legal separation has been granted.
In case of abuse of powers of administration of the conjugal partnership property by the husband, or in case of abandonment by the husband,
separation of property may also be ordered by the court, according to the provisions of Articles 167 and 178, No. 3.
In all these cases, it is sufficient to present the final judgment which has been entered against the guilty or absent spouse. (1433a)
The husband and the wife may agree upon the dissolution of the conjugal partnership during the marriage, subject to judicial approval. All the
creditors of the husband and of the wife, as well as of the conjugal partnership shall be notified of any petition for judicial approval or the voluntary
dissolution of the conjugal partnership, so that any such creditors may appear at the hearing to safeguard his interests. 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.
After dissolution of the conjugal partnership, the provisions of Articles 214 and 215 shall apply. The provisions of this Code concerning the effect of
partition stated in Articles 498 to 501 shall be applicable. (1433a)
Art. 192. Once the separation of property has been ordered, the conjugal partnership shall be dissolved, and its liquidation shall be made in
conformity with what has been established by this Code.
However, without prejudice to the provisions of Article 292, the husband and the wife shall be reciprocally liable for their support during the
separation, and for the support and education of their children; all in proportion to their respective property.
The share of the spouse who is under civil interdiction or absent shall be administered in accordance with the Rules of Court. (1434a)
Art. 193. The complaint for separation and the final judgment declaring the same, shall be noted and recorded in the proper registers of property, if
the judgment should refer to immovable property. (1437)
Art. 194. The separation of property shall not prejudice the rights previously acquired by creditors. (1438)
Art. 195. The separation of property ceases:
(1) Upon reconciliation of the spouses, in case of legal separation;
(2) When the civil interdiction terminates;
(3) When the absent spouse appears;
(4) When the court, at the instance of the wife, authorizes the husband to resume the administration of the conjugal partnership, the court being
satisfied that the husband will not again abuse his powers as an administrator;
(5) When the husband, who has abandoned the wife, rejoins her.
In the above cases, the property relations between the spouses shall be governed by the same rules as before the separation, without prejudice to
the acts and contracts legally executed during the separation.
The spouses shall state, in a public document, all the property which they return to the marriage and which shall constitute the separate property of
each.
This public document shall be recorded in the Registry of Property.
In the cases referred to in this article, all the property brought in shall be deemed to be newly contributed, even though all or some may be the
same which existed before the liquidation effected by reason of the separation. (1439a)
Art. 196. With the conjugal partnership subsisting, the administration of all classes of property in the marriage may be transferred by the courts to
the wife:
(1) When she becomes the guardian of her husband;
(2) When she asks for the declaration of his absence;

(3) In case of civil interdiction of the husband.
The courts may also confer the administration to the wife, with such limitation as they may deem advisable, if the husband should become a fugitive
from justice or be in hiding as a defendant in a criminal case, or if, being absolutely unable to administer, he should have failed to provide for
administration. (1441a)
Art. 197. 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. (1442a)
CHAPTER 6
SYSTEM OF ABSOLUTE COMMUNITY (n)
Art. 198. In case the future spouses agree in the marriage settlements that the system of absolute community shall govern their property relations
during marriage, the following provisions shall be of supplementary application.
Art. 199. In the absence of stipulation to the contrary, the community shall consist of all present and future property of the spouses not excepted by
law.
Art. 200. Neither spouse may renounce any inheritance without the consent of the other. In case of conflict, the court shall decide the question,
after consulting the family council, if there is any.
Art. 201. The following shall be excluded from the community:
(1) Property acquired by gratuitous title by either spouse, when it is provided by the donor or testator that it shall not become a part of the
community;
(2) Property inherited by either husband or wife through the death of a child by a former marriage, there being brothers or sisters of the full blood of
the deceased child;
(3) A portion of the property of either spouse equivalent to the presumptive legitime of the children by a former marriage;
(4) Personal belongings of either spouse.
However, all the fruits and income of the foregoing classes of property shall be included in the community.
Art. 202. Ante-nuptial debts of either spouse shall not be paid from the community, unless the same have redounded to the benefit of the family.
Art. 203. Debts contracted by both spouses or by one of them with the consent of the other shall be paid from the community. If the common
property is insufficient to cover common debts, the same may be enforced against the separate property of the spouses, who shall be equally
liable.
Art. 204. Debts contracted by either spouse without the consent of the other shall be chargeable against the community to the extent that the family
may have been benefited thereby.
Art. 205. Indemnities that must be paid by either spouse on account of a crime or of a quasi-delict shall be paid from the common assets, without
any obligation to make reimbursement.
Art. 206. The ownership, administration, possession and enjoyment of the common property belong to both spouses jointly. In case of
disagreement, the courts shall settle the difficulty.
Art. 207. Neither spouse may alienate or encumber any common property without the consent of the other. In case of unjustifiable refusal by the
other spouse, the courts may grant the necessary consent.
Art. 208. The absolute community of property shall be dissolved on any of the grounds specified in Article 175.
Art. 209. When there is a separation in fact between husband and wife, without judicial approval, the provisions of Article 178 shall apply.
Art. 210. Upon the dissolution and liquidation of the community, the net assets shall be divided equally between the husband and the wife or their
heirs. In case of legal separation or annulment of marriage, the provisions of Articles 176 and 177 shall apply to the net profits acquired during the
marriage.
Art. 211. Liquidation of the absolute community shall be governed by the Rules of Court on the administration of the estate of deceased persons.
CHAPTER 7
SYSTEM OF COMPLETE SEPARATION OF PROPERTY (n)
Art. 212. Should the future spouses agree in the marriage settlements that their property relations during marriage shall be based upon the system
of complete separation of property, the following provisions shall supplement the marriage settlements.
Art. 213. Separation of property may refer to present or future property or both. It may be total or partial. In the latter case, the property not agreed
upon as separate shall pertain to the conjugal partnership of gains.
Art. 214. Each spouse shall own, dispose of, possess, administer and enjoy his or her own separate estate, without the consent of the other. All
earnings from any profession, business or industry shall likewise belong to each spouse.
Art. 215. Each spouse shall proportionately bear the family expenses.
Title VII.
THE FAMILY (n)
CHAPTER 1
THE FAMILY AS AN INSTITUTION
Art. 216. The family is a basic social institution which public policy cherishes and protects.
Art. 217. Family relations shall include those:
(1) Between husband and wife;
(2) Between parent and child;
(3) Among other ascendants and their descendants;
(4) Among brothers and sisters.
Art. 218. The law governs family relations. No custom, practice or agreement which is destructive of the family shall be recognized or given any
effect.
Art. 219. Mutual aid, both moral and material, shall be rendered among members of the same family. Judicial and administrative officials shall foster
this mutual assistance.
Art. 220. In case of doubt, all presumptions favor the solidarity of the family. Thus, every intendment of law or facts leans toward the validity of
marriage, the indissolubility of the marriage bonds, the legitimacy of children, the community of property during marriage, the authority of parents
over their children, and the validity of defense for any member of the family in case of unlawful aggression.
Art. 221. The following shall be void and of no effect:
(1) Any contract for personal separation between husband and wife;
(2) Every extra-judicial agreement, during marriage, for the dissolution of the conjugal partnership of gains or of the absolute community of property
between husband and wife;
(3) Every collusion to obtain a decree of legal separation, or of annulment of marriage;
(4) Any simulated alienation of property with intent to deprive the compulsory heirs of their legitime.
Art. 222. No suit shall be filed or maintained between members of the same family unless it should appear that earnest efforts toward a
compromise have been made, but that the same have failed, subject to the limitations in Article 2035.
CHAPTER 2
THE FAMILY HOME (n)
Art. 223. The family home is the dwelling house where a person and his family reside, and the land on which it is situated. If constituted as herein
provided, the family home shall be exempt from execution, forced sale or attachment, except as provided in Articles 232 and 243.
Art. 224. The family home may be established judicially or extrajudicially.
SECTION 2. - Judicial Constitution of the Family Home
Art. 225. The family home may be constituted by a verified petition to the Court of First Instance by the owner of the property, and by approval
thereof by the court.
Art. 226. The following shall be beneficiaries of the family home:
(1) The person establishing the same;
(2) His or her spouse;
(3) His or her parents, ascendants, descendants, brothers and sisters, whether the relationship be legitimate or otherwise, who are living in the
family home and who depend upon him for support.
Art. 227. The family home may also be set up by an unmarried person who is the head of a family or household.
Art. 228. If the petitioner is married, the family home may be selected from the conjugal partnership or community property, or from the separate
property of the husband, or, with the consent of the wife, from her paraphernal property.
Art. 229. The petition shall contain the following particulars:
(1) Description of the property;
(2) An estimate of its actual value;
(3) A statement that the petitioner is actually residing in the premises;
(4) The encumbrances thereon;

(5) The names and addresses of all the creditors of the petitioner and of all mortgagees and other persons who have an interest in the property;
(6) The names of the other beneficiaries specified in Article 226.
Art. 230. Creditors, mortgagees and all other persons who have an interest in the estate shall be notified of the petition, and given an opportunity to
present their objections thereto. The petition shall, moreover, be published once a week for three consecutive weeks in a newspaper of general
circulation.
Art. 231. If the court finds that the actual value of the proposed family home does not exceed twenty thousand pesos, or thirty thousand pesos in
chartered cities, and that no third person is prejudiced, the petition shall be approved. Should any creditor whose claim is unsecured, oppose the
establishment of the family home, the court shall grant the petition if the debtor gives sufficient security for the debt.
Art. 232. The family home, after its creation by virtue of judicial approval, shall be exempt from execution, forced sale, or attachment, except:
(1) For nonpayment of taxes; or
(2) In satisfaction of a judgment on a debt secured by a mortgage constituted on the immovable before or after the establishment of the family
home.
In case of insolvency of the person constituting the family home, the property shall not be considered one of the assets to be taken possession of
by the assignee for the benefit of creditors.
Art. 233. The order of the court approving the establishment of the family home shall be recorded in the Registry of Property.
Art. 234. When there is danger that a person obliged to give support may lose his or her fortune because of grave mismanagement or on account
of riotous living, his or her spouse, if any, and a majority of those entitled to be supported by him or by her may petition the Court of First Instance
for the creation of the family home.
Art. 235. The family home may be sold, alienated or encumbered by the person who has constituted the same, with the consent of his or her
spouse, and with the approval of the court. However, the family home shall under no circumstances be donated as long as there are beneficiaries.
In case of sale, the price or such portion thereof as may be determined by the court shall be used in acquiring property which shall be formed into a
new family home. Any sum of money obtained through an encumbrance on the family home shall be used in the interest of the beneficiaries. The
court shall take measures to implement the last two provisions.
Art. 236. The family home may be dissolved upon the petition of the person who has constituted the same, with the written consent of his or her
spouse and of at least one half of all the other beneficiaries who are eighteen years of age or over. The court may grant the petition if it is
satisfactorily shown that the best interest of the family requires the dissolution of the family home.
Art. 237. In case of legal separation or annulment of marriage, the family home shall be dissolved, and the property shall cease to be exempt from
execution, forced sale or attachment.
Art. 238. Upon the death of the person who has set up the family home, the same shall continue, unless he desired otherwise in his will. The heirs
cannot ask for its partition during the first ten years following the death of the person constituting the same, unless the court finds powerful reasons
therefor.
Art. 239. The family home shall not be subject to payment of the debts of the deceased, unless in his will the contrary is stated. However, the
claims mentioned in Article 232 shall not be adversely affected by the death of the person who has established the family home.
SECTION 3. - Extra-judicial Creation of the Family Home
Art. 240. The family home may be extrajudicially constituted by recording in the Registry of Property a public instrument wherein a person declares
that he thereby establishes a family home out of a dwelling place with the land on which it is situated.
Art. 241. The declaration setting up the family home shall be under oath and shall contain:
(1) A statement that the claimant is the owner of, and is actually residing in the premises;
(2) A description of the property;
(3) An estimate of its actual value; and
(4) The names of the claimant's spouse and the other beneficiaries mentioned in Article 226.
Art. 242. The recording in the Registry of Property of the declaration referred to in the two preceding articles is the operative act which creates the
family home.
Art. 243. The family home extrajudicially formed shall be exempt from execution, forced sale or attachment, except:
(1) For nonpayment of taxes;
(2) For debts incurred before the declaration was recorded in the Registry of Property;
(3) For debts secured by mortgages on the premises before or after such record of the declaration;
(4) For debts due to laborers, mechanics, architects, builders, material-men and others who have rendered service or furnished material for the
prosecution of the building.
Art. 244. The provisions of Articles 226 to 228 and 235 to 238 are likewise applicable to family homes extrajudicially established.
Art. 245. Upon the death of the person who has extrajudicially constituted the family home, the property shall not be liable for his debts other than
those mentioned in Article 243. However, he may provide in his will that the family home shall be subject to payment of debts not specified in Article
243.
Art. 246. No declaration for the extrajudicial establishment of the family home shall be recorded in the Registry of Property if the estimated actual
value of the building and the land exceeds the amount stated in Article 231.
Art. 247. When a creditor whose claim is not mentioned in Article 243 obtains a judgment in his favor, and he has reasonable grounds to believe
that the family home of the judgment debtor is worth more than the amount mentioned in Article 231, he may apply to the Court of First Instance for
an order directing the sale of the property under execution.
Art. 248. The hearing on the petition, appraisal of the value of the family home, the sale under execution and other matters relative to the
proceedings shall be governed by such provisions in the Rules of Court as the Supreme Court shall promulgate on the subject, provided they are
not inconsistent with this Code.
Art. 249. At the sale under execution referred to in the two preceding articles, no bid shall be considered unless it exceeds the amount specified in
Article 231. The proceeds of the sale shall be applied in the following order:
(1) To the amount mentioned in Article 231;
(2) To the judgment and the costs.
The excess, if any, belongs to the person constituting the family home.
Art. 250. The amount mentioned in Article 231 thus received by the person who has established the family home, or as much thereof as the court
may determine, shall be invested in constitution of a new family home. The court shall take measures to enforce this provision.
Art. 251. In case of insolvency of the person creating the family home, the claims specified in Article 243 may be satisfied notwithstanding the
insolvency proceedings.
If the assignee has reasonable grounds to believe that the actual value of the family home exceeds the amount fixed in Article 231, he may take
action under the provisions of Articles 247, 248 and 249.
CHAPTER 3
THE FAMILY COUNCIL (n)
Art. 252. The Court of First Instance may, upon application of any member of the family, a relative, or a friend, appoint a family council, whose duty
it shall be to advise the court, the spouses, the parents, guardians and the family on important family questions.
Art. 253. The family council shall be composed of five members, who shall be relatives of the parties concerned. But the court may appoint one or
two friends of the family.
Art. 254. The family council shall elect its chairman, and shall meet at the call of the latter or upon order of the court.
Title VIII.
PATERNITY AND FILIATION
CHAPTER 1
LEGITIMATE CHILDREN
Art. 255. Children born after one hundred and eighty days following the celebration of the marriage, and before three hundred days following its
dissolution or the separation of the spouses shall be presumed to be legitimate.
Against this presumption no evidence shall be admitted other than that of the physical impossibility of the husband's having access to his wife
within the first one hundred and twenty days of three hundred which preceded the birth of the child.
This physical impossibility may be caused:
(1) By the impotence of the husband;
(2) By the fact that the husband and wife were living separately, in such a way that access was not possible;
(3) By the serious illness of the husband. (108a)
Art. 256. The child shall be presumed legitimate, although the mother may have declared against its legitimacy or may have been sentenced as an
adulteress. (109)
Art. 257. Should the wife commit adultery at or about the time of the conception of the child, but there was no physical impossibility of access
between her and her husband as set forth in Article 255, the child is prima facie presumed to be illegitimate if it appears highly improbable, for
ethnic reasons, that the child is that of the husband. For the purposes of this article, the wife's adultery need not be proved in a criminal case. (n)
Art. 258. A child born within one hundred eighty days following the celebration of the marriage is prima facie presumed to be legitimate. Such a
child is conclusively presumed to be legitimate in any of these cases:
(1) If the husband, before the marriage, knew of the pregnancy of the wife;
(2) If he consented, being present, to the putting of his surname on the record of birth of the child;
(3) If he expressly or tacitly recognized the child as his own. (110a)
Art. 259. If the marriage is dissolved by the death of the husband, and the mother contracted another marriage within three hundred days following
such death, these rules shall govern:
(1) A child born before one hundred eighty days after the solemnization of the subsequent marriage is disputably presumed to have been
conceived during the former marriage, provided it be born within three hundred days after the death of the former husband:
(2) A child born after one hundred eighty days following the celebration of the subsequent marriage is prima facie presumed to have been
conceived during such marriage, even though it be born within the three hundred days after the death of the former husband. (n)
Art. 260. If after a judgment annulling a marriage, the former wife should believe herself to be pregnant by the former husband, she shall, within
thirty days from the time she became aware of her pregnancy, notify the former husband or his heirs of that fact. He or his heirs may ask the court
to take measures to prevent a simulation of birth.
The same obligation shall devolve upon a widow who believes herself to have been left pregnant by the deceased husband, or upon the wife who
believes herself to be pregnant by her husband from whom she has been legally separated. (n)
Art. 261. There is no presumption of legitimacy or illegitimacy of a child born after three hundred days following the dissolution of the marriage or
the separation of the spouses. Whoever alleges the legitimacy or the illegitimacy of such child must prove his allegation. (n)
Art. 262. The heirs of the husband may impugn the legitimacy of the child only in the following cases:
(1) If the husband should die before the expiration of the period fixed for bringing his action;
(2) If he should die after the filing of the complaint, without having desisted from the same;
(3) If the child was born after the death of the husband. (112)
Art. 263. The action to impugn the legitimacy of the child shall be brought within one year from the recording of the birth in the Civil Register, if the
husband should be in the same place, or in a proper case, any of his heirs.
If he or his heirs are absent, the period shall be eighteen months if they should reside in the Philippines; and two years if abroad. If the birth of the
child has been concealed, the term shall be counted from the discovery of the fraud. (113a)
Art. 264. Legitimate children shall have the right:
(1) To bear the surnames of the father and of the mother;
(2) To receive support from them, from their ascendants and in a proper case, from their brothers and sisters, in conformity with Article 291;
(3) To the legitime and other successional rights which this Code recognizes in their favor. (114)
CHAPTER 2
PROOF OF FILIATION OF LEGITIMATE CHILDREN
Art. 265. The filiation of legitimate children is proved by the record of birth appearing in the Civil Register, or by an authentic document or a final
judgment. (115)
Art. 266. In the absence of the titles indicated in the preceding article, the filiation shall be proved by the continuous possession of status of a
legitimate child. (116)
Art. 267. 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. (117a)
Art. 268. The action to claim his legitimacy may be brought by the child during all his lifetime, and shall be transmitted to his heirs if he should die
during his minority or in a state of insanity. In these cases the heirs shall have a period of five years within which to institute the action.
The action already commenced by the child is transmitted upon his death to the heirs, if the proceeding has not yet lapsed. (118)
CHAPTER 3
LEGITIMATED CHILDREN
Art. 269. Only natural children can be legitimated. Children born outside wedlock of parents who, at the time of the conception of the former, were
not disqualified by any impediment to marry each other, are natural. (119a)
Art. 270. Legitimation shall take place by the subsequent marriage between the parents. (120a)
Art. 271. Only natural children who have been recognized by the parents before or after the celebration of the marriage, or have been declared
natural children by final judgment, may be considered legitimated by subsequent marriage.
If a natural child is recognized or judicially declared as natural, such recognition or declaration shall extend to his or her brothers or sisters of the full
blood: Provided, That the consent of the latter shall be implied if they do not impugn the recognition within four years from the time of such
recognition, or in case they are minors, within four years following the attainment of majority. (121a)
Art. 272. Children who are legitimated by subsequent marriage shall enjoy the same rights as legitimate children. (122)
Art. 273. Legitimation shall take effect from the time of the child's birth. (123a)
Art. 274. The legitimation of children who died before the celebration of the marriage shall benefit their descendants. (124)
Art. 275. Legitimation may be impugned by those who are prejudiced in their rights, when it takes place in favor of those who do not have the legal
condition of natural children or when the requisites laid down in this Chapter are not complied with. (128a)
CHAPTER 4
ILLEGITIMATE CHILDREN
SECTION 1. - Recognition of Natural Children
Art. 276. A natural child may be recognized by the father and mother jointly, or by only one of them. (129)
Art. 277. In case the recognition is made by only one of the parents, it shall be presumed that the child is natural, if the parent recognizing it had
legal capacity to contract marriage at the time of the conception. (130)
Art. 278. Recognition shall be made in the record of birth, a will, a statement before a court of record, or in any authentic writing. (131a)
Art. 279. A minor who may not contract marriage without parental consent cannot acknowledge a natural child, unless the parent or guardian
approves the acknowledgment or unless the recognition is made in a will. (n)
Art. 280. When the father or the mother makes the recognition separately, he or she shall not reveal the name of the person with whom he or she
had the child; neither shall he or she state any circumstance whereby the other parent may be identified. (132a)
Art. 281. A child who is of age cannot be recognized without his consent.
When the recognition of a minor does not take place in a record of birth or in a will, judicial approval shall be necessary.
A minor can in any case impugn the recognition within four years following the attainment of his majority. (133a)
Art. 282. A recognized natural child has the right:
(1) To bear the surname of the parent recognizing him:
(2) To receive support from such parent, in conformity with article 291;
(3) To receive, in a proper case, the hereditary portion which is determined in this Code. (134)
Art. 283. In any of the following cases, the father is obliged to recognize the child as his natural child:
(1) In cases of rape, abduction or seduction, when the period of the offense coincides more or less with that of the conception;
(2) When the child is in continuous possession of status of a child of the alleged father by the direct acts of the latter or of his family;
(3) When the child was conceived during the time when the mother cohabited with the supposed father;
(4) When the child has in his favor any evidence or proof that the defendant is his father. (n)
Art. 284. The mother is obliged to recognize her natural child:
(1) In any of the cases referred to in the preceding article, as between the child and the mother;
(2) When the birth and the identity of the child are clearly proved. (136a)
Art. 285. The action for the recognition of natural children may be brought only during the lifetime of the presumed parents, except in the following
cases:
(1) If the father or mother died during the minority of the child, in which case the latter may file the action before the expiration of four years from the
attainment of his majority;
(2) If after the death of the father or of the mother a document should appear of which nothing had been heard and in which either or both parents
recognize the child.
In this case, the action must be commenced within four years from the finding of the document. (137a)
Art. 286. The recognition made in favor of a child who does not possess all the conditions stated in Article 269, or in which the requirements of the
law have not been fulfilled, may be impugned by those who are prejudiced by such recognition. (137)
SECTION 2. - Other Illegitimate Children
Art. 287. Illegitimate children other than natural in accordance with Article 269 and other than natural children by legal fiction are entitled to support
and such successional rights as are granted in this Code. (n)
Art. 288. Minor children mentioned in the preceding article are under the parental authority of the mother. (n)
Art. 289. Investigation of the paternity or maternity of children mentioned in the two preceding articles is permitted under the circumstances
specified in Articles 283 and 284. (n)
Title IX.
SUPPORT
Art. 290. Support is everything that is indispensable for sustenance, dwelling, clothing and medical attendance, according to the social position of
the family.
Support also includes the education of the person entitled to be supported until he completes his education or training for some profession, trade or
vocation, even beyond the age of majority. (124a)
Art. 291. The following are obliged to support each other to the whole extent set forth in the preceding article:
(1) The spouses;
(2) Legitimate ascendants and descendants;
(3) Parents and acknowledged natural children and the legitimate or illegitimate descendants of the latter;
(4) Parents and natural children by legal fiction and the legitimate and illegitimate descendants of the latter;
(5) Parents and illegitimate children who are not natural.

Brothers and sisters owe their legitimate and natural brothers and sisters, although they are only of the half-blood, the necessaries for life, when by
a physical or mental defect, or any other cause not imputable to the recipients, the latter cannot secure their subsistence. This assistance includes,
in a proper case, expenses necessary for elementary education and for professional or vocational training. (143a)
Art. 292. During the proceedings for legal separation, or for annulment of marriage, the spouses and children, shall be supported from the conjugal
partnership property. After the final judgment of legal separation, or of annulment of marriage, the obligation of mutual support between the
spouses ceases. However, in case of legal separation, the court may order that the guilty spouse shall give support to the innocent one, the
judgment specifying the terms of such order. (n)
Art. 293. In an action for legal separation or annulment of marriage, attorney's fees and expenses for litigation shall be charged to the conjugal
partnership property, unless the action fails. (n)
Art. 294. The claim for support, when proper and two or more persons are obliged to give it, shall be made in the following order:
(1) From the spouse;
(2) From the descendants of the nearest degree;
(3) From the ascendants, also of the nearest degree;
(4) From the brothers and sisters.
Among descendants and ascendants the order in which they are called to the intestate succession of the person who has a right to claim support
shall be observed. (144)
Art. 295. When the obligation to give support falls upon two or more persons, the payment of the same shall be divided between them in proportion
to the resources of each.
However, in case of urgent need and by special circumstances, the judge may order only one of them to furnish the support provisionally, without
prejudice to his right to claim from the other obligors the share due from them.
When two or more recipients at the same time claim support from one and the same person legally obliged to give it, and the latter should not have
sufficient means to satisfy all, the order established in the preceding article shall be followed, unless the concurrent obligees should be the spouse
and a child subject to parental authority, in which case the latter shall be preferred. (145)
Art. 296. The amount of support, in the cases referred to in the five numbers of article 291, shall be in proportion to the resources or means of the
giver and to the necessities of the recipient. (146a)
Art. 297. Support in the cases referred to in the preceding article shall be reduced or increased proportionately, according to the reduction or
increase of the needs of the recipient and the resources of the person obliged to furnish the same. (147)
Art. 298. The obligation to give support shall be demandable from the time the person who has a right to receive the same needs it for
maintenance, but it shall not be paid except from the date it is extrajudicially demanded.
Payment shall be made monthly in advance, and when the recipient dies, his heirs shall not be obliged to return what he has received in advance.
(148a)
Art. 299. The person obliged to give support may, at his option, fulfill his obligation either by paying the allowance fixed, or by receiving and
maintaining in his house the person who has a right to receive support. The latter alternative cannot be availed of in case there is a moral or legal
obstacle thereto. (149a)
Art. 300. 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. (150)
Art. 301. The right to receive support cannot be renounced; nor can it be transmitted to a third person. Neither can it be compensated with what the
recipient owes the obligor.
However, support in arrears may be compensated and renounced, and the right to demand the same may be transmitted by onerous or gratuitous
title. (151)
Art. 302. Neither the right to receive legal support nor any money or property obtained as such support or any pension or gratuity from the
government is subject to attachment or execution. (n)
Art. 303. The obligation to give support shall also cease:
(1) Upon the death of the recipient;
(2) When the resources of the obligor have been reduced to the point where he cannot give the support without neglecting his own needs and
those of his family;
(3) When the recipient may engage in a trade, profession, or industry, or has obtained work, or has improved his fortune in such a way that he no
longer needs the allowance for his subsistence;
(4) When the recipient, be he a forced heir or not, has committed some act which gives rise to disinheritance;
(5) When the recipient is a descendant, brother or sister of the obligor and the need for support is caused by his or her bad conduct or by the lack
of application to work, so long as this cause subsists. (152a)
Art. 304. The foregoing provisions shall be applicable to other cases where, in virtue of this Code or of any other law, by will, or by stipulation there
is a right to receive support, save what is stipulated, ordered by the testator or provided by law for the special case. (153a)
Title X.
FUNERALS (n)
Art. 305. The duty and the right to make arrangements for the funeral of a relative shall be in accordance with the order established for support,
under Article 294. In case of descendants of the same degree, or of brothers and sisters, the oldest shall be preferred. In case of ascendants, the
paternal shall have a better right.
Art. 306. Every funeral shall be in keeping with the social position of the deceased.
Art. 307. The funeral shall be in accordance with the expressed wishes of the deceased. In the absence of such expression, his religious beliefs or
affiliation shall determine the funeral rites. In case of doubt, the form of the funeral shall be decided upon by the person obliged to make
arrangements for the same, after consulting the other members of the family.
Art. 308. No human remains shall be retained, interred, disposed of or exhumed without the consent of the persons mentioned in articles 294 and
305.
Art. 309. Any person who shows disrespect to the dead, or wrongfully interferes with a funeral shall be liable to the family of the deceased for
damages, material and moral.
Art. 310. The construction of a tombstone or mausoleum shall be deemed a part of the funeral expenses, and shall be chargeable to the conjugal
partnership property, if the deceased is one of the spouses.
Title XI.
PARENTAL AUTHORITY
CHAPTER 1
GENERAL PROVISIONS
Art. 311. The father and mother jointly exercise parental authority over their legitimate children who are not emancipated. In case of disagreement,
the father's decision shall prevail, unless there is a judicial order to the contrary.
Children are obliged to obey their parents so long as they are under parental power, and to observe respect and reverence toward them always.
Recognized natural and adopted children who are under the age of majority are under the parental authority of the father or mother recognizing or
adopting them, and are under the same obligation stated in the preceding paragraph.
Natural children by legal fiction are under the joint authority of the father and mother, as provided in the first paragraph of this article. (154a)
Art. 312. Grandparents shall be consulted by all members of the family on all important family questions. (n)
Art. 313. Parental authority cannot be renounced or transferred, except in cases of guardianship or adoption approved by the courts, or
emancipation by concession.
The courts may, in cases specified by law, deprive parents of their authority. (n)
Art. 314. A foundling shall be under the parental authority of the person or institution that has reared the same. (n)
Art. 315. No descendant can be compelled, in a criminal case, to testify against his parents and ascendants. (n)
CHAPTER 2
EFFECT OF PARENTAL AUTHORITY UPON THE PERSONS OF THE CHILDREN
Art. 316. The father and the mother have, with respect to their unemancipated children:
(1) The duty to support them, to have them in their company, educate and instruct them in keeping with their means and to represent them in all
actions which may redound to their benefit;
(2) The power to correct them and to punish them moderately. (155)
Art. 317. The courts may appoint a guardian of the child' s property, or a guardian ad litem when the best interest of the child so requires. (n)
Art. 318. Upon cause being shown by the parents, the local mayor may aid them in the exercise of their authority over the child. If the child is to be
kept in a children's home or similar institution for not more than one month, an order of the justice of the peace or municipal judge shall be
necessary, after due hearing, where the child shall be heard. For his purpose, the court may appoint a guardian ad litem. (156a)
Art. 319. The father and the mother shall satisfy the support for the detained child; but they shall not have any intervention in the regime of the
institution where the child is detained. They may lift the detention when they deem it opportune, with the approval of the court. (158a)
CHAPTER 3
EFFECT OF PARENTAL AUTHORITY ON THE PROPERTY OF THE CHILDREN
Art. 320. The father, or in his absence the mother, is the legal administrator of the property pertaining to the child under parental authority. If the
property is worth more than two thousand pesos, the father or mother shall give a bond subject to the approval of the Court of First Instance. (159a)
Art. 321. The property which the unemancipated child has acquired or may acquire with his work or industry, or by any lucrative title, belongs to the
child in ownership, and in usufruct to the father or mother under whom he is under parental authority and in whose company he lives; but if the
child, with the parent's consent, should live independently from them, he shall be considered as emancipated for all purposes relative to said
property, and he shall have over it dominion, usufruct and administration. (160)
Art. 322. A child who earns money or acquires property with his own work or industry shall be entitled to a reasonable allowance from the earnings,
in addition to the expenses made by the parents for his support and education. (n)
Art. 323. The fruits and interest of the child's property referred to in article 321 shall be applied first to the expenses for the support and education of
the child. After they have been fully met, the debts of the conjugal partnership which have redounded to the benefit of the family may be paid from
said fruits and interest. (n)
Art. 324. Whatever the child may acquire with the capital or property of the parents belongs to the latter in ownership and in usufruct. But if the
parents should expressly grant him all or part of the profits that he may obtain, such profits shall not be charged against his legitime. (161)
Art. 325. The property or income donated, bequeathed or devised to the unemancipated child for the expenses of his education and instruction
shall pertain to him in ownership and usufruct; but the father or mother shall administer the same, if in the donation or testamentary provision the
contrary has not been stated. (162)
Art. 326. When the property of the child is worth more than two thousand pesos, the father or mother shall be considered a guardian of the child's
property, subject to the duties and obligations of guardians under the Rules of Court. (n)
CHAPTER 4
EXTINGUISHMENT OF PARENTAL AUTHORITY
Art. 327. Parental authority terminates:
(1) Upon the death of the parents or of the child;
(2) Upon emancipation;
(3) Upon adoption of the child;
(4) Upon the appointment of a general guardian. (167a)
Art. 328. The mother who contracts a subsequent marriage loses the parental authority over her children, unless the deceased husband, father of
the latter, has expressly provided in his will that his widow might marry again, and has ordered that in such case she should keep and exercise
parental authority over their children.
The court may also appoint a guardian of the child's property in case the father should contract a subsequent marriage. (168a)
Art. 329. When the mother of an illegitimate child marries a man other than its father, the court may appoint a guardian for the child. (n)
Art. 330. The father and in a proper case the mother, shall lose authority over their children:
(1) When by final judgment in a criminal case the penalty of deprivation of said authority is imposed upon him or her;
(2) When by a final judgment in legal separation proceedings such loss of authority is declared. (169a)
Art. 331. Parental authority is suspended by the incapacity or absence of the father, or in a proper case of the mother, judicially declared, and also
by civil interdiction. (170)
Art. 332. The courts may deprive the parents of their authority or suspend the exercise of the same if they should treat their children with excessive
harshness or should give them corrupting orders, counsels, or examples, or should make them beg or abandon them. In these cases, the courts
may also deprive the parents in whole or in part, of the usufruct over the child's property, or adopt such measures as they may deem advisable in
the interest of the child. (171a)
Art. 333. If the widowed mother who has contracted a subsequent marriage should again become a widow, she shall recover from this moment her
parental authority over all her unemancipated children. (172)
CHAPTER 5
ADOPTION
Art. 334. Every person of age, who is in full possession of his civil rights, may adopt. (173a)
Art. 335. The following cannot adopt:
(1) Those who have legitimate, legitimated, acknowledged natural children, or natural children by legal fiction;
(2) The guardian, with respect to the ward, before the final approval of his accounts;
(3) A married person, without the consent of the other spouse;
(4) Non-resident aliens;
(5) Resident aliens with whose government the Republic of the Philippines has broken diplomatic relations;
(6) Any person who has been convicted of a crime involving moral turpitude, when the penalty imposed was six months' imprisonment or more.
(174a)
Art. 336. The husband and wife may jointly adopt. Parental authority shall, in such case, be exercised as if the child were their own by nature. (n)
Art. 337. Any person, even if of age, may be adopted, provided the adopter is sixteen years older. (173a)
Art. 338. The following may be adopted:
(1) The natural child, by the natural father or mother;
(2) Other illegitimate children, by the father or mother;
(3) A step-child, by the step-father or step-mother. (n)
Art. 339. The following cannot be adopted:
(1) A married person, without the written consent of the other spouse;
(2) An alien with whose government the Republic of the Philippines has broken diplomatic relations;
(3) A person who has already been adopted. (n)
Art. 340. The written consent of the following to the adoption shall be necessary:
(1) The person to be adopted, if fourteen years of age or over;
(2) The parents, guardian or person in charge of the person to be adopted. (n)
Art. 341. The adoption shall:
(1) Give to the adopted person the same rights and duties as if he were a legitimate child of the adopter:
(2) Dissolve the authority vested in the parents by nature;
(3) Make the adopted person a legal heir of the adopter;

(4) Entitle the adopted person to use the adopter's surname. (n)
Art. 342. The adopter shall not be a legal heir of the adopted person, whose parents by nature shall inherit from him. (177a)
Art. 343. If the adopter is survived by legitimate parents or ascendants and by an adopted person, the latter shall not have more successional rights
than an acknowledged natural child. (n)
Art. 344. The adopter may donate property, by an act inter vivos or by will, to the adopted person, who shall acquire ownership thereof. (n)
Art. 345. The proceedings for adoption shall be governed by the Rules of Court insofar as they are not in conflict with this Code. (n)
Art. 346. The adoption shall be recorded in the local civil register. (179a)
Art. 347. A minor or other incapacitated person may, through a guardian ad litem, ask for the rescission of the adoption on the same grounds that
cause the loss of parental authority. (n)
Art. 348. The adopter may petition the court for revocation of the adoption in any of these cases:
(1) If the adopted person has attempted against the life of the adopter;
(2) When the adopted minor has abandoned the home of the adopter for more than three years;
(3) When by other acts the adopted person has definitely repudiated the adoption. (n)
CHAPTER 6
SUBSTITUTE PARENTAL AUTHORITY (n)
Art. 349. The following persons shall exercise substitute parental authority:
(1) Guardians;
(2) Teachers and professors;
(3) Heads of children's homes, orphanages, and similar institutions;
(4) Directors of trade establishments, with regard to apprentices;
(5) Grandparents;
(6) The oldest brother or sister.
Art. 350. The persons named in the preceding article shall exercise reasonable supervision over the conduct of the child.
Art. 351. A general guardian or a guardian over the person shall have the same authority over the ward's person as the parents. With regard to the
child's property, the Rules of Court on guardianship shall govern.
Art. 352. The relations between teacher and pupil, professor and student, are fixed by government regulations and those of each school or
institution. In no case shall corporal punishment be countenanced. The teacher or professor shall cultivate the best potentialities of the heart and
mind of the pupil or student.
Art. 353. Apprentices shall be treated humanely. No corporal punishment against the apprentice shall be permitted.
Art. 354. Grandparents and in their default the oldest brother or sister shall exercise parental authority in case of death or absence of the child's
parents. 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.
Art. 355. Substitute parental authority shall be exercised by the grandparents in the following order:
(1) Paternal grandparents;
(2) Maternal grandparents.
Title XII.
CARE AND EDUCATION OF CHILDREN
Art. 356. Every child:
(1) Is entitled to parental care;
(2) Shall receive at least elementary education;
(3) Shall be given moral and civic training by the parents or guardian;
(4) Has a right to live in an atmosphere conducive to his physical, moral and intellectual development.
Art. 357. Every child shall:
(1) Obey and honor his parents or guardian;
(2) Respect his grandparents, old relatives, and persons holding substitute parental authority;
(3) Exert his utmost for his education and training;
(4) Cooperate with the family in all matters that make for the good of the same.
Art. 358. Every parent and every person holding substitute parental authority shall see to it that the rights of the child are respected and his duties
complied with, and shall particularly, by precept and example, imbue the child with highmindedness, love of country, veneration for the national
heroes, fidelity to democracy as a way of life, and attachment to the ideal of permanent world peace.
Art. 359. The government promotes the full growth of the faculties of every child. For this purpose, the government will establish, whenever
possible:
(1) Schools in every barrio, municipality and city where optional religious instruction shall be taught as part of the curriculum at the option of the
parent or guardian;
(2) Puericulture and similar centers;
(3) Councils for the Protection of Children; and
(4) Juvenile courts.
Art. 360. The Council for the Protection of Children shall look after the welfare of children in the municipality. It shall, among other functions:
(1) Foster the education of every child in the municipality;
(2) Encourage the cultivation of the duties of parents;
(3) Protect and assist abandoned or mistreated children, and orphans;
(4) Take steps to prevent juvenile delinquency;
(5) Adopt measures for the health of children;

(6) Promote the opening and maintenance of playgrounds;
(7) Coordinate the activities of organizations devoted to the welfare of children, and secure their cooperation.
Art. 361. Juvenile courts will be established, as far as practicable, in every chartered city or large municipality.
Art. 362. Whenever a child is found delinquent by any court, the father, mother, or guardian may in a proper case be judicially admonished.
Art. 363. In all questions on the care, custody, education and property of children the latter's welfare shall be paramount. No mother shall be
separated from her child under seven years of age, unless the court finds compelling reasons for such measure.
Title XIII.
USE OF SURNAMES (n)
Art. 364. Legitimate and legitimated children shall principally use the surname of the father.
Art. 365. An adopted child shall bear the surname of the adopter.
Art. 366. A natural child acknowledged by both parents shall principally use the surname of the father. If recognized by only one of the parents, a
natural child shall employ the surname of the recognizing parent.
Art. 367. Natural children by legal fiction shall principally employ the surname of the father.
Art. 368. Illegitimate children referred to in Article 287 shall bear the surname of the mother.
Art. 369. Children conceived before the decree annulling a voidable marriage shall principally use the surname of the father.
Art. 370. A married woman may use:
(1) Her maiden first name and surname and add her husband's surname, or
(2) Her maiden first name and her husband's surname or
(3) Her husband's full name, but prefixing a word indicating that she is his wife, such as "Mrs."
Art. 371. In case of annulment of marriage, and the wife is the guilty party, she shall resume her maiden name and surname. If she is the innocent
spouse, she may resume her maiden name and surname. However, she may choose to continue employing her former husband's surname,
unless:
(1) The court decrees otherwise, or
(2) She or the former husband is married again to another person.
Art. 372. When legal separation has been granted, the wife shall continue using her name and surname employed before the legal separation.
Art. 373. A widow may use the deceased husband's surname as though he were still living, in accordance with Article 370.
Art. 374. In case of identity of names and surnames, the younger person shall be obliged to use such additional name or surname as will avoid
confusion.
Art. 375. In case of identity of names and surnames between ascendants and descendants, the word "Junior" can be used only by a son.
Grandsons and other direct male descendants shall either:
(1) Add a middle name or the mother's surname, or
(2) Add the Roman Numerals II, III, and so on.

Art. 376. No person can change his name or surname without judicial authority.
Art. 377. Usurpation of a name and surname may be the subject of an action for damages and other relief.
Art. 378. The unauthorized or unlawful use of another person's surname gives a right of action to the latter.
Art. 379. The employment of pen names or stage names is permitted, provided it is done in good faith and there is no injury to third persons. Pen
names and stage names cannot be usurped.
Art. 380. Except as provided in the preceding article, no person shall use different names and surnames.
Title XIV.
ABSENCE
CHAPTER 1
PROVISIONAL MEASURES IN CASE OF ABSENCE
Art. 381. When a person disappears from his domicile, his whereabouts being unknown, and without leaving an agent to administer his property,
the judge, at the instance of an interested party, a relative, or a friend, may appoint a person to represent him in all that may be necessary.
This same rule shall be observed when under similar circumstances the power conferred by the absentee has expired. (181a)
Art. 382. The appointment referred to in the preceding article having been made, the judge shall take the necessary measures to safeguard the
rights and interests of the absentee and shall specify the powers, obligations and remuneration of his representative, regulating them, according to
the circumstances, by the rules concerning guardians. (182)
Art. 383. In the appointment of a representative, the spouse present shall be preferred when there is no legal separation.
If the absentee left no spouse, or if the spouse present is a minor, any competent person may be appointed by the court. (183a)
CHAPTER 2
DECLARATION OF ABSENCE
Art. 384. Two years having elapsed without any news about the absentee or since the receipt of the last news, and five years in case the absentee
has left a person in charge of the administration of his property, his absence may be declared. (184)
Art. 385. The following may ask for the declaration of absence:
(1) The spouse present;
(2) The heirs instituted in a will, who may present an authentic copy of the same;
(3) The relatives who may succeed by the law of intestacy;
(4) Those who may have over the property of the absentee some right subordinated to the condition of his death. (185)
Art. 386. The judicial declaration of absence shall not take effect until six months after its publication in a newspaper of general circulation. (186a)
CHAPTER 3
ADMINISTRATION OF THE PROPERTY OF THE ABSENTEE
Art. 387. An administrator of the absentee's property shall be appointed in accordance with Article 383. (187a)
Art. 388. The wife who is appointed as an administratrix of the husband's property cannot alienate or encumber the husband's property, or that of
the conjugal partnership, without judicial authority. (188a)
Art. 389. The administration shall cease in any of the following cases:
(1) When the absentee appears personally or by means of an agent;
(2) When the death of the absentee is proved and his testate or intestate heirs appear;
(3) When a third person appears, showing by a proper document that he has acquired the absentee's property by purchase or other title.
In these cases the administrator shall cease in the performance of his office, and the property shall be at the disposal of those who may have a
right thereto. (190)
CHAPTER 4
PRESUMPTION OF DEATH
Art. 390. After an absence of seven years, it being unknown whether or not the absentee still lives, he shall be presumed dead for all purposes,
except for those of succession.
The absentee shall not be presumed dead for the purpose of opening his succession till after an absence of ten years. 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. (n)
Art. 391. The following shall be presumed dead for all purposes, including the division of the estate among the heirs:
(1) A person on board a vessel lost during a sea voyage, or an aeroplane which is missing, who has not been heard of for four years since the loss
of the vessel or aeroplane;
(2) A person in the armed forces who has taken part in war, and has been missing for four years;
(3) A person who has been in danger of death under other circumstances and his existence has not been known for four years. (n)
Art. 392. If the absentee appears, or without appearing his existence is proved, he shall recover his property in the condition in which it may be
found, and the price of any property that may have been alienated or the property acquired therewith; but he cannot claim either fruits or rents.
(194)
CHAPTER 5
EFFECT OF ABSENCE UPON THE CONTINGENT RIGHTS OF THE ABSENTEE
Art. 393. Whoever claims a right pertaining to a person whose existence is not recognized must prove that he was living at the time his existence
was necessary in order to acquire said right. (195)
Art. 394. Without prejudice to the provision of the preceding article, upon the opening of a succession to which an absentee is called, his share
shall accrue to his co-heirs, unless he has heirs, assigns, or a representative. They shall all, as the case may be, make an inventory of the property.
(196a)
Art. 395. The provisions of the preceding article are understood to be without prejudice to the action of petition for inheritance or other rights which
are vested in the absentee, his representatives or successors in interest. These rights shall not be extinguished save by lapse of time fixed for
prescription. In the record that is made in the Registry of the real estate which accrues to the coheirs, the circumstance of its being subject to the
provisions of this article shall be stated. (197)
Art. 396. Those who may have entered upon the inheritance shall appropriate the fruits received in good faith so long as the absentee does not
appear, or while his representatives or successors in interest do not bring the proper actions. (198)
Title XV.
EMANCIPATION AND AGE OF MAJORITY
CHAPTER 1
EMANCIPATION
Art. 397. Emancipation takes place:
(1) By the marriage of the minor;
(2) By the attainment of majority;
(3) By the concession of the father or of the mother who exercise parental authority. (314)
Art. 398. Emancipation treated of in No. 3 of the preceding article shall be effected in a public instrument which shall be recorded in the Civil
Register, and unless so recorded, it shall take no effect against third persons. (316a)
Art. 399. Emancipation by marriage or by voluntary concession shall terminate parental authority over the child's person. It shall enable the minor to
administer his property as though he were of age, but he cannot borrow money or alienate or encumber real property without the consent of his
father or mother, or guardian. He can sue and be sued in court only with the assistance of his father, mother or guardian. (317a)
Art. 400. In order that emancipation by concession of the father or of the mother may take place, it is required that the minor be eighteen years of
age, and that he give his consent thereto. (318)
Art. 401. Emancipation is final or irrevocable. (319a)
CHAPTER 2
AGE OF MAJORITY
Art. 402. Majority commences upon the attainment of the age of twenty-one years.
The person who has reached majority is qualified for all acts of civil life, save the exceptions established by this Code in special cases. (320a)
Art. 403. Notwithstanding the provisions of the preceding article, a daughter above twenty-one but below twenty-three years of age cannot leave
the parental home without the consent of the father or mother in whose company she lives, except to become a wife, or when she exercises a
profession or calling, or when the father or mother has contracted a subsequent marriage. (321a)
Art. 404. An orphan who is minor may, at the instance of any relative or other person, obtain emancipation by concession upon an order of the
Court of First Instance. (322a)
Art. 405. For the concession and approval referred to in the preceding article it is necessary:
(1) That the minor be eighteen years of age;
(2) That he consent thereto; and
(3) That the concession be deemed convenient for the minor.
The concession shall be recorded in the Civil Register. (323a)
Art. 406. The provisions of Article 399 are applicable to an orphan who has been emancipated according to Article 404. The court will give the
necessary approval with respect to the contracts mentioned in Article 399. In litigations, a guardian ad litem for the minor shall be appointed by the
court. (324a)
Title XVI.
CIVIL REGISTER
Art. 407. Acts, events and judicial decrees concerning the civil status of persons shall be recorded in the civil register. (325a)
Art. 408. The following shall be entered in the civil register:
(1) Births;
(2) marriages;
(3) deaths;
(4) legal separations;
(5) annulments of marriage;
(6) judgments declaring marriages void from the beginning;
(7) legitimations;
(8) adoptions;
(9) acknowledgments of natural children;
(10) naturalization;
(11) loss, or (12) recovery of citizenship;

(13) civil interdiction;
(14) judicial determination of filiation;
(15) voluntary emancipation of a minor; and
(16) changes of name. (326a)
Art. 409. In cases of legal separation, adoption, naturalization and other judicial orders mentioned in the preceding article, it shall be the duty of the
clerk of the court which issued the decree to ascertain whether the same has been registered, and if this has not been done, to send a copy of said
decree to the civil registry of the city or municipality where the court is functioning. (n)
Art. 410. The books making up the civil register and all documents relating thereto shall be considered public documents and shall be prima facie
evidence of the facts therein contained. (n)
Art. 411. Every civil registrar shall be civilly responsible for any unauthorized alteration made in any civil register, to any person suffering damage
thereby. However, the civil registrar may exempt himself from such liability if he proves that he has taken every reasonable precaution to prevent
the unlawful alteration. (n)
Art. 412. No entry in a civil register shall be changed or corrected, without a judicial order. (n)
Art. 413. All other matters pertaining to the registration of civil status shall be governed by special laws. (n)
BOOK II
PROPERTY, OWNERSHIP, AND ITS MODIFICATIONS
Title I.
CLASSIFICATION OF PROPERTY
PRELIMINARY PROVISIONS
Art. 414. 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. (333)
CHAPTER 1
IMMOVABLE PROPERTY
Art. 415. The following are immovable property:
(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. (334a)
CHAPTER 2
MOVABLE PROPERTY
Art. 416. The following things are deemed to be personal property:
(1) Those movables susceptible of appropriation which are not included in the preceding article;
(2) Real property which by any special provision of law is considered as personal property;
(3) Forces of nature which are brought under control by science; and
(4) In general, all things which can be transported from place to place without impairment of the real property to which they are fixed. (335a)
Art. 417. The following are also considered as personal property:
(1) Obligations and actions which have for their object movables or demandable sums; and
(2) Shares of stock of agricultural, commercial and industrial entities, although they may have real estate. (336a)
Art. 418. Movable property is either consumable or nonconsumable. To the first class belong those movables which cannot be used in a manner
appropriate to their nature without their being consumed; to the second class belong all the others. (337)
CHAPTER 3
PROPERTY IN RELATION TO THE PERSON TO WHOM IT BELONGS
Art. 419. Property is either of public dominion or of private ownership. (338)
Art. 420. 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. (339a)
Art. 421. All other property of the State, which is not of the character stated in the preceding article, is patrimonial property. (340a)
Art. 422. Property of public dominion, when no longer intended for public use or for public service, shall form part of the patrimonial property of the
State. (341a)
Art. 423. The property of provinces, cities, and municipalities is divided into property for public use and patrimonial property. (343)
Art. 424. Property for public use, in the provinces, cities, and municipalities, consist of the provincial roads, city streets, municipal streets, the
squares, fountains, public waters, promenades, and public works for public service paid for by said provinces, cities, or municipalities.
All other property possessed by any of them is patrimonial and shall be governed by this Code, without prejudice to the provisions of special laws.
(344a)
Art. 425. Property of private ownership, besides the patrimonial property of the State, provinces, cities, and municipalities, consists of all property
belonging to private persons, either individually or collectively. (345a)
PROVISIONS COMMON TO THE THREE PRECEDING CHAPTERS
Art. 426. Whenever by provision of the law, or an individual declaration, the expression "immovable things or property," or "movable things or
property," is used, it shall be deemed to include, respectively, the things enumerated in Chapter 1 and Chapter 2.
Whenever the word "muebles," or "furniture," is used alone, it shall not be deemed to include money, credits, commercial securities, stocks and
bonds, jewelry, scientific or artistic collections, books, medals, arms, clothing, horses or carriages and their accessories, grains, liquids and
merchandise, or other things which do not have as their principal object the furnishing or ornamenting of a building, except where from the context
of the law, or the individual declaration, the contrary clearly appears. (346a)
Title II.
OWNERSHIP
CHAPTER 1
OWNERSHIP IN GENERAL
Art. 427. Ownership may be exercised over things or rights. (n)
Art. 428. 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. (348a)
Art. 429. The owner or lawful possessor of a thing has the right to exclude any person from the enjoyment and disposal thereof. For this purpose,
he may use such force as may be reasonably necessary to repel or prevent an actual or threatened unlawful physical invasion or usurpation of his
property. (n)
Art. 430. Every owner may enclose or fence his land or tenements by means of walls, ditches, live or dead hedges, or by any other means without
detriment to servitudes constituted thereon. (388)
Art. 431. The owner of a thing cannot make use thereof in such manner as to injure the rights of a third person. (n)
Art. 432. 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. The owner may
demand from the person benefited indemnity for the damage to him. (n)
Art. 433. Actual possession under claim of ownership raises disputable presumption of ownership. The true owner must resort to judicial process
for the recovery of the property. (n)
Art. 434. 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. (n)
Art. 435. 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. (349a)
Art. 436. When any property is condemned or seized by competent authority in the interest of health, safety or security, the owner thereof shall not
be entitled to compensation, unless he can show that such condemnation or seizure is unjustified. (n)
Art. 437. 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. (350a)
Art. 438. Hidden treasure belongs to the owner of the land, building, or other property on which it is found.
Nevertheless, when the discovery is made on the property of another, or of the State or any of its subdivisions, and by chance, one-half thereof
shall be allowed to the finder. If the finder is a trespasser, he shall not be entitled to any share of the treasure.
If the things found be of interest to science of the arts, the State may acquire them at their just price, which shall be divided in conformity with the
rule stated. (351a)
Art. 439. By treasure is understood, for legal purposes, any hidden and unknown deposit of money, jewelry, or other precious objects, the lawful
ownership of which does not appear. (352)
CHAPTER 2
RIGHT OF ACCESSION
GENERAL PROVISIONS
Art. 440. The ownership of property gives the right by accession to everything which is produced thereby, or which is incorporated or attached
thereto, either naturally or artificially. (353)
SECTION 1. - Right of Accession with Respect to
What is Produced by Property
Art. 441. To the owner belongs:
(1) The natural fruits;
(2) The industrial fruits;
(3) The civil fruits. (354)
Art. 442. Natural fruits are the spontaneous products of the soil, and the young and other products of animals.
Industrial fruits are those produced by lands of any kind through cultivation or labor.
Civil fruits are the rents of buildings, the price of leases of lands and other property and the amount of perpetual or life annuities or other similar
income. (355a)
Art. 443. He who receives the fruits has the obligation to pay the expenses made by a third person in their production, gathering, and preservation.
(356)
Art. 444. Only such as are manifest or born are considered as natural or industrial fruits.
With respect to animals, it is sufficient that they are in the womb of the mother, although unborn. (357)
SECTION 2. - Right of Accession with Respect to Immovable Property
Art. 445. 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. (358)
Art. 446. All works, sowing, and planting are presumed made by the owner and at his expense, unless the contrary is proved. (359)
Art. 447. The owner of the land who makes thereon, personally or through another, plantings, constructions or works with the materials of another,
shall pay their value; and, if he acted in bad faith, he shall also be obliged to the reparation of damages. 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. However, if the landowner acted in bad faith, the owner of the materials may remove them in any event, with a right to be indemnified for
damages. (360a)
Art. 448. The owner of the land on which anything has been built, sown or planted in good faith, shall have the right to appropriate as his own the
works, sowing or planting, after payment of the indemnity provided for in Articles 546 and 548, or to oblige the one who built or planted to pay the
price of the land, and the one who sowed, the proper rent. 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. 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. The parties shall agree upon the terms of the lease and in case of disagreement, the court
shall fix the terms thereof. (361a)
Art. 449. 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. (362)
Art. 450. The owner of the land on which anything has been built, planted or sown in bad faith may demand the demolition of the work, or that the
planting or sowing be removed, in order to replace things in their former condition at the expense of the person who built, planted or sowed; or he
may compel the builder or planter to pay the price of the land, and the sower the proper rent. (363a)
Art. 451. In the cases of the two preceding articles, the landowner is entitled to damages from the builder, planter or sower. (n)
Art. 452. The builder, planter or sower in bad faith is entitled to reimbursement for the necessary expenses of preservation of the land. (n)
Art. 453. 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.
It is understood that there is bad faith on the part of the landowner whenever the act was done with his knowledge and without opposition on his
part. (354a)
Art. 454. When the landowner acted in bad faith and the builder, planter or sower proceeded in good faith, the provisions of article 447 shall apply.
(n)
Art. 455. If the materials, plants or seeds belong to a third person who has not acted in bad faith, the owner of the land shall answer subsidiarily for
their value and only in the event that the one who made use of them has no property with which to pay.
This provision shall not apply if the owner makes use of the right granted by article 450. If the owner of the materials, plants or seeds has been paid
by the builder, planter or sower, the latter may demand from the landowner the value of the materials and labor. (365a)
Art. 456. In the cases regulated in the preceding articles, good faith does not necessarily exclude negligence, which gives right to damages under
article 2176. (n)
Art. 457. To the owners of lands adjoining the banks of rivers belong the accretion which they gradually receive from the effects of the current of the
waters. (336)
Art. 458. The owners of estates adjoining ponds or lagoons do not acquire the land left dry by the natural decrease of the waters, or lose that
inundated by them in extraordinary floods. (367)
Art. 459. 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. (368a)
Art. 460. 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. If such owners claim them, they shall pay the expenses incurred in gathering them or putting them in a safe
place. (369a)
Art. 461. River beds which are abandoned through the natural change in the course of the waters ipso facto belong to the owners whose lands are
occupied by the new course in proportion to the area lost. However, the owners of the lands adjoining the old bed shall have the right to acquire the
same by paying the value thereof, which value shall not exceed the value of the area occupied by the new bed. (370a)
Art. 462. Whenever a river, changing its course by natural causes, opens a new bed through a private estate, this bed shall become of public
dominion. (372a)
Art. 463. Whenever the current of a river divides itself into branches, leaving a piece of land or part thereof isolated, the owner of the land retains
his ownership. He also retains it if a portion of land is separated from the estate by the current. (374)
Art. 464. Islands which may be formed on the seas within the jurisdiction of the Philippines, on lakes, and on navigable or floatable rivers belong to
the State. (371a)
Art. 465. Islands which through successive accumulation of alluvial deposits are formed in non-navigable and non-floatable rivers, belong to the
owners of the margins or banks nearest to each of them, or to the owners of both margins if the island is in the middle of the river, in which case it
shall be divided longitudinally in halves. If a single island thus formed be more distant from one margin than from the other, the owner of the nearer
margin shall be the sole owner thereof. (373a)
SECTION 3. - Right of Accession with Respect to Movable Property
Art. 466. 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. (375)
Art. 467. 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. (376)
Art. 468. 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. (377)
Art. 469. Whenever the things united can be separated without injury, their respective owners may demand their separation.
Nevertheless, in case the thing united for the use, embellishment or perfection of the other, is much more precious than the principal thing, the
owner of the former may demand its separation, even though the thing to which it has been incorporated may suffer some injury. (378)
Art. 470. Whenever the owner of the accessory thing has made the incorporation in bad faith, he shall lose the thing incorporated and shall have
the obligation to indemnify the owner of the principal thing for the damages he may have suffered.
If the one who has acted in bad faith is the owner of the principal thing, the owner of the accessory thing shall have a right to choose between the
former paying him its value or that the thing belonging to him be separated, even though for this purpose it be necessary to destroy the principal
thing; and in both cases, furthermore, there shall be indemnity for damages.
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. (379a)
Art. 471. Whenever the owner of the material employed without his consent has a right to an indemnity, he may demand that this consist in the
delivery of a thing equal in kind and value, and in all other respects, to that employed, or else in the price thereof, according to expert appraisal.
(380)
Art. 472. If by the will of their owners two things of the same or different kinds are mixed, or if the mixture occurs by chance, and in the latter case
the things are not separable without injury, each owner shall acquire a right proportional to the part belonging to him, bearing in mind the value of
the things mixed or confused. (381)
Art. 473. If by the will of only one owner, but in good faith, two things of the same or different kinds are mixed or confused, the rights of the owners
shall be determined by the provisions of the preceding article.
If the one who caused the mixture or confusion acted in bad faith, he shall lose the thing belonging to him thus mixed or confused, besides being
obliged to pay indemnity for the damages caused to the owner of the other thing with which his own was mixed. (382)
Art. 474. One who in good faith employs the material of another in whole or in part in order to make a thing of a different kind, shall appropriate the
thing thus transformed as his own, indemnifying the owner of the material for its value.
If the material is more precious than the transformed thing or is of more value, its owner may, at his option, appropriate the new thing to himself,
after first paying indemnity for the value of the work, or demand indemnity for the material.
If in the making of the thing bad faith intervened, the owner of the material shall have the right to appropriate the work to himself without paying
anything to the maker, or to demand of the latter that he indemnify him for the value of the material and the damages he may have suffered.
However, the owner of the material cannot appropriate the work in case the value of the latter, for artistic or scientific reasons, is considerably more
than that of the material. (383a)
Art. 475. In the preceding articles, sentimental value shall be duly appreciated. (n)
CHAPTER 3
QUIETING OF TITLE (n)
Art. 476. Whenever there is a cloud on title to real property or any interest therein, by reason of any instrument, record, claim, encumbrance or
proceeding which is apparently valid or effective but is in truth and in fact invalid, ineffective, voidable, or unenforceable, and may be prejudicial to
said title, an action may be brought to remove such cloud or to quiet the title.
An action may also be brought to prevent a cloud from being cast upon title to real property or any interest therein.
Art. 477. The plaintiff must have legal or equitable title to, or interest in the real property which is the subject matter of the action. He need not be in
possession of said property.
Art. 478. There may also be an action to quiet title or remove a cloud therefrom when the contract, instrument or other obligation has been
extinguished or has terminated, or has been barred by extinctive prescription.
Art. 479. 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.
Art. 480. The principles of the general law on the quieting of title are hereby adopted insofar as they are not in conflict with this Code.
Art. 481. The procedure for the quieting of title or the removal of a cloud therefrom shall be governed by such rules of court as the Supreme Court
shall promulgated.
CHAPTER 4
RUINOUS BUILDINGS AND TREES IN DANGER OF FALLING

Art. 482. If a building, wall, column, or any other construction is in danger of falling, the owner shall be obliged to demolish it or to execute the
necessary work in order to prevent it from falling.
If the proprietor does not comply with this obligation, the administrative authorities may order the demolition of the structure at the expense of the
owner, or take measures to insure public safety. (389a)
Art. 483. Whenever a large tree threatens to fall in such a way as to cause damage to the land or tenement of another or to travelers over a public
or private road, the owner of the tree shall be obliged to fell and remove it; and should he not do so, it shall be done at his expense by order of the
administrative authorities. (390a)
Title III.
CO-OWNERSHIP
Art. 484. There is co-ownership whenever the ownership of an undivided thing or right belongs to different persons.
In default of contracts, or of special provisions, co-ownership shall be governed by the provisions of this Title. (392)
Art. 485. The share of the co-owners, in the benefits as well as in the charges, shall be proportional to their respective interests. Any stipulation in a
contract to the contrary shall be void.
The portions belonging to the co-owners in the co-ownership shall be presumed equal, unless the contrary is proved. (393a)
Art. 486. Each co-owner may use the thing owned in common, provided he does so in accordance with the purpose for which it is intended and in
such a way as not to injure the interest of the co-ownership or prevent the other co-owners from using it according to their rights. The purpose of
the co-ownership may be changed by agreement, express or implied. (394a)
Art. 487. Any one of the co-owners may bring an action in ejectment. (n)
Art. 488. Each co-owner shall have a right to compel the other co-owners to contribute to the expenses of preservation of the thing or right owned in
common and to the taxes. 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. No such waiver shall be made if it is prejudicial to the co-ownership. (395a)
Art. 489. Repairs for preservation may be made at the will of one of the co-owners, but he must, if practicable, first notify his co-owners of the
necessity for such repairs. Expenses to improve or embellish the thing shall be decided upon by a majority as determined in Article 492. (n)
Art. 490. Whenever the different stories of a house belong to different owners, if the titles of ownership do not specify the terms under which they
should contribute to the necessary expenses and there exists no agreement on the subject, the following rules shall be observed:
(1) The main and party walls, the roof and the other things used in common, shall be preserved at the expense of all the owners in proportion to the
value of the story belonging to each;
(2) Each owner shall bear the cost of maintaining the floor of his story; the floor of the entrance, front door, common yard and sanitary works
common to all, shall be maintained at the expense of all the owners pro rata;
(3) The stairs from the entrance to the first story shall be maintained at the expense of all the owners pro rata, with the exception of the owner of
the ground floor; the stairs from the first to the second story shall be preserved at the expense of all, except the owner of the ground floor and the
owner of the first story; and so on successively. (396)
Art. 491. None of the co-owners shall, without the consent of the others, make alterations in the thing owned in common, even though benefits for
all would result therefrom. However, if the withholding of the consent by one or more of the co-owners is clearly prejudicial to the common interest,
the courts may afford adequate relief. (397a)
Art. 492. For the administration and better enjoyment of the thing owned in common, the resolutions of the majority of the co-owners shall be
binding.
There shall be no majority unless the resolution is approved by the co-owners who represent the controlling interest in the object of the co-
ownership.
Should there be no majority, or should the resolution of the majority be seriously prejudicial to those interested in the property owned in common,
the court, at the instance of an interested party, shall order such measures as it may deem proper, including the appointment of an administrator.
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. (398)
Art. 493. Each co-owner shall have the full ownership of his part and of the fruits and benefits pertaining thereto, and he may therefore alienate,
assign or mortgage it, and even substitute another person in its enjoyment, except when personal rights are involved. But the effect of the
alienation or the mortgage, with respect to the co-owners, shall be limited to the portion which may be alloted to him in the division upon the
termination of the co-ownership. (399)
Art. 494. No co-owner shall be obliged to remain in the co-ownership. Each co-owner may demand at any time the partition of the thing owned in
common, insofar as his share is concerned.
Nevertheless, an agreement to keep the thing undivided for a certain period of time, not exceeding ten years, shall be valid. This term may be
extended by a new agreement.
A donor or testator may prohibit partition for a period which shall not exceed twenty years.
Neither shall there be any partition when it is prohibited by law.
No prescription shall run in favor of a co-owner or co-heir against his co-owners or co-heirs so long as he expressly or impliedly recognizes the co-
ownership. (400a)
Art. 495. Notwithstanding the provisions of the preceding article, the co-owners cannot demand a physical division of the thing owned in common,
when to do so would render it unserviceable for the use for which it is intended. But the co-ownership may be terminated in accordance with Article
498. (401a)
Art. 496. Partition may be made by agreement between the parties or by judicial proceedings. Partition shall be governed by the Rules of Court
insofar as they are consistent with this Code. (402)
Art. 497. The creditors or assignees of the co-owners may take part in the division of the thing owned in common and object to its being effected
without their concurrence. But they cannot impugn any partition already executed, unless there has been fraud, or in case it was made
notwithstanding a formal opposition presented to prevent it, without prejudice to the right of the debtor or assignor to maintain its validity. (403)
Art. 498. Whenever the thing is essentially indivisible and the co-owners cannot agree that it be allotted to one of them who shall indemnify the
others, it shall be sold and its proceeds distributed. (404)
Art. 499. The partition of a thing owned in common shall not prejudice third persons, who shall retain the rights of mortgage, servitude or any other
real rights belonging to them before the division was made. Personal rights pertaining to third persons against the co-ownership shall also remain in
force, notwithstanding the partition. (405)
Art. 500. Upon partition, there shall be a mutual accounting for benefits received and reimbursements for expenses made. Likewise, each co-owner
shall pay for damages caused by reason of his negligence or fraud. (n)
Art. 501. Every co-owner shall, after partition, be liable for defects of title and quality of the portion assigned to each of the other co-owners. (n)
Title IV.
SOME SPECIAL PROPERTIES
CHAPTER I
WATERS
SECTION 1. - Ownership of Waters
Art. 502. The following are of public dominion:
(1) Rivers and their natural beds;
(2) Continuous or intermittent waters of springs and brooks running in their natural beds and the beds themselves;
(3) Waters rising continuously or intermittently on lands of public dominion;
(4) Lakes and lagoons formed by Nature on public lands, and their beds;
(5) Rain waters running through ravines or sand beds, which are also of public dominion;
(6) Subterranean waters on public lands;
(7) Waters found within the zone of operation of public works, even if constructed by a contractor;
(8) Waters rising continuously or intermittently on lands belonging to private persons, to the State, to a province, or to a city or a municipality from
the moment they leave such lands;
(9) The waste waters of fountains, sewers and public establishments. (407)
Art. 503. The following are of private ownership:
(1) Continuous or intermittent waters rising on lands of private ownership, while running through the same;
(2) Lakes and lagoons, and their beds, formed by Nature on such lands;
(3) Subterranean waters found on the same;
(4) Rain waters falling on said lands, as long as they remain within the boundaries;
(5) The beds of flowing waters, continuous or intermittent, formed by rain water, and those of brooks, crossing lands which are not of public
dominion.
In every drain or aqueduct, the water, bed, banks and floodgates shall be considered as an integral part of the land of building for which the waters
are intended. The owners of lands, through which or along the boundaries of which the aqueduct passes, cannot claim ownership over it, or any
right to the use of its bed or banks, unless the claim is based on titles of ownership specifying the right or ownership claimed. (408)
SECTION 2. - The Use of Public Waters
Art. 504. The use of public waters is acquired:
(1) By administrative concession;
(2) By prescription for ten years.
The extent of the rights and obligations of the use shall be that established, in the first case, by the terms of the concession, and, in the second
case, by the manner and form in which the waters have been used. (409a)
Art. 505. Every concession for the use of waters is understood to be without prejudice to third persons. (410)
Art. 506. The right to make use of public waters is extinguished by the lapse of the concession and by non-user for five years. (411a)
SECTION 3. - The Use of Waters of Private Ownership
Art. 507. The owner of a piece of land on which a spring or brook rises, be it continuous or intermittent, may use its waters while they run through
the same, but after the waters leave the land they shall become public, and their use shall be governed by the Special Law of Waters of August 3,
1866, and by the Irrigation Law. (412a)
Art. 508. 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. (413)
Art. 509. No one may enter private property to search waters or make use of them without permission from the owners, except as provided by the
Mining Law. (414a)
Art. 510. The ownership which the proprietor of a piece of land has over the waters rising thereon does not prejudice the rights which the owners of
lower estates may have legally acquired to the use thereof. (415)
Art. 511. Every owner of a piece of land has the right to construct within his property, reservoirs for rain waters, provided he causes no damage to
the public or to third persons. (416)
SECTION 4. - Subterranean Waters
Art. 512. Only the owner of a piece of land, or another person with his permission, may make explorations thereon for subterranean waters, except
as provided by the Mining Law.
Explorations for subterranean waters on lands of public dominion may be made only with the permission of the administrative authorities. (417a)
Art. 513. Waters artificially brought forth in accordance with the Special Law of Waters of August 3, 1866, belong to the person who brought them
up. (418)
Art. 514. When the owner of waters artificially brought to the surface abandons them to their natural course, they shall become of public dominion.
(419)
Art. 515. The owner of a piece of land on which there are defensive works to check waters, or on which, due to a change of their course, it may be
necessary to reconstruct such works, shall be obliged, at his election, either to make the necessary repairs or construction himself, or to permit
them to be done, without damage to him, by the owners of the lands which suffer or are clearly exposed to suffer injury. (420)
Art. 516. The provisions of the preceding article are applicable to the case in which it may be necessary to clear a piece of land of matter, whose
accumulation or fall may obstruct the course of the waters, to the damage or peril of third persons. (421)
Art. 517. All the owners who participate in the benefits arising from the works referred to in the two preceding articles, shall be obliged to contribute
to the expenses of construction in proportion to their respective interests. Those who by their fault may have caused the damage shall be liable for
the expenses. (422)
Art. 518. All matters not expressly determined by the provisions of this Chapter shall be governed by the special Law of Waters of August 3, 1866,
and by the Irrigation Law. (425a)
CHAPTER 2
MINERALS
Art. 519. Mining claims and rights and other matters concerning minerals and mineral lands are governed by special laws. (427a)
CHAPTER 3
TRADE-MARKS AND TRADE-NAMES

Art. 520. A trade-mark or trade-name duly registered in the proper government bureau or office is owned by and pertains to the person, corporation,
or firm registering the same, subject to the provisions of special laws. (n)
Art. 521. The goodwill of a business is property, and may be transferred together with the right to use the name under which the business is
conducted. (n)
Art. 522. Trade-marks and trade-names are governed by special laws. (n)
Title V.
POSSESSION
CHAPTER 1
POSSESSION AND THE KINDS THEREOF
Art. 523. Possession is the holding of a thing or the enjoyment of a right. (430a)
Art. 524. Possession may be exercised in one's own name or in that of another. (413a)
Art. 525. 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. (432)
Art. 526. 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.
He is deemed a possessor in bad faith who possesses in any case contrary to the foregoing.
Mistake upon a doubtful or difficult question of law may be the basis of good faith. (433a)
Art. 527. Good faith is always presumed, and upon him who alleges bad faith on the part of a possessor rests the burden of proof. (434)
Art. 528. Possession acquired in good faith does not lose this character except in the case and from the moment facts exist which show that the
possessor is not unaware that he possesses the thing improperly or wrongfully. (435a)
Art. 529. It is presumed that possession continues to be enjoyed in the same character in which it was acquired, until the contrary is proved. (436)
Art. 530. Only things and rights which are susceptible of being appropriated may be the object of possession. (437)
CHAPTER 2
ACQUISITION OF POSSESSION
Art. 531. Possession is acquired by the material occupation of a thing or the exercise of a right, or by the fact that it is subject to the action of our
will, or by the proper acts and legal formalities established for acquiring such right. (438a)
Art. 532. Possession may be acquired by the same person who is to enjoy it, by his legal representative, by his agent, or by any person without any
power whatever: but in the last case, the possession shall not be considered as acquired until the person in whose name the act of possession was
executed has ratified the same, without prejudice to the juridical consequences of negotiorum gestio in a proper case. (439a)
Art. 533. The possession of hereditary property is deemed transmitted to the heir without interruption and from the moment of the death of the
decedent, in case the inheritance is accepted.
One who validly renounces an inheritance is deemed never to have possessed the same. (440)
Art. 534. On who succeeds by hereditary title shall not suffer the consequences of the wrongful possession of the decedent, if it is not shown that
he was aware of the flaws affecting it; but the effects of possession in good faith shall not benefit him except from the date of the death of the
decedent. (442)
Art. 535. 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. (443)
Art. 536. In no case may possession be acquired through force or intimidation as long as there is a possessor who objects thereto. He who believes
that he has an action or a right to deprive another of the holding of a thing, must invoke the aid of the competent court, if the holder should refuse to
deliver the thing. (441a)
Art. 537. Acts merely tolerated, and those executed clandestinely and without the knowledge of the possessor of a thing, or by violence, do not
affect possession. (444)
Art. 538. Possession as a fact cannot be recognized at the same time in two different personalities except in the cases of co-possession. Should a
question arise regarding the fact of possession, the present possessor shall be preferred; if there are two possessors, the one longer in possession;
if the dates of the possession are the same, the one who presents a title; and if all these conditions are equal, the thing shall be placed in judicial
deposit pending determination of its possession or ownership through proper proceedings. (445)
CHAPTER 3
EFFECTS OF POSSESSION
Art. 539. 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.
A possessor deprived of his possession through forcible entry may within ten days from the filing of the complaint present a motion to secure from
the competent court, in the action for forcible entry, a writ of preliminary mandatory injunction to restore him in his possession. The court shall
decide the motion within thirty (30) days from the filing thereof. (446a)
Art. 540. Only the possession acquired and enjoyed in the concept of owner can serve as a title for acquiring dominion. (447)
Art. 541. A possessor in the concept of owner has in his favor the legal presumption that he possesses with a just title and he cannot be obliged to
show or prove it. (448a)
Art. 542. The possession of real property presumes that of the movables therein, so long as it is not shown or proved that they should be excluded.
(449)
Art. 543. Each one of the participants of a thing possessed in common shall be deemed to have exclusively possessed the part which may be
allotted to him upon the division thereof, for the entire period during which the co-possession lasted. Interruption in the possession of the whole or a
part of a thing possessed in common shall be to the prejudice of all the possessors. However, in case of civil interruption, the Rules of Court shall
apply. (450a)
Art. 544. A possessor in good faith is entitled to the fruits received before the possession is legally interrupted.
Natural and industrial fruits are considered received from the time they are gathered or severed.
Civil fruits are deemed to accrue daily and belong to the possessor in good faith in that proportion. (451)
Art. 545. If at the time the good faith ceases, there should be any natural or industrial fruits, the possessor shall have a right to a part of the
expenses of cultivation, and to a part of the net harvest, both in proportion to the time of the possession.
The charges shall be divided on the same basis by the two possessors.
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. (452a)
Art. 546. Necessary expenses shall be refunded to every possessor; but only the possessor in good faith may retain the thing until he has been
reimbursed therefor.
Useful expenses shall be refunded only to the possessor in good faith with the same right of retention, the person who has defeated him in the
possession having the option of refunding the amount of the expenses or of paying the increase in value which the thing may have acquired by
reason thereof. (453a)
Art. 547. If the useful improvements can be removed without damage to the principal thing, the possessor in good faith may remove them, unless
the person who recovers the possession exercises the option under paragraph 2 of the preceding article. (n)
Art. 548. Expenses for pure luxury or mere pleasure shall not be refunded to the possessor in good faith; but he may remove the ornaments with
which he has embellished the principal thing if it suffers no injury thereby, and if his successor in the possession does not prefer to refund the
amount expended. (454)
Art. 549. The possessor in bad faith shall reimburse the fruits received and those which the legitimate possessor could have received, and shall
have a right only to the expenses mentioned in paragraph 1 of Article 546 and in Article 443. The expenses incurred in improvements for pure
luxury or mere pleasure shall not be refunded to the possessor in bad faith, but he may remove the objects for which such expenses have been
incurred, provided that the thing suffers no injury thereby, and that the lawful possessor does not prefer to retain them by paying the value they may
have at the time he enters into possession. (445a)
Art. 550. The costs of litigation over the property shall be borne by every possessor. (n)
Art. 551. Improvements caused by nature or time shall always insure to the benefit of the person who has succeeded in recovering possession.
(456)
Art. 552. A possessor in good faith shall not be liable for the deterioration or loss of the thing possessed, except in cases in which it is proved that
he has acted with fraudulent intent or negligence, after the judicial summons.
A possessor in bad faith shall be liable for deterioration or loss in every case, even if caused by a fortuitous event. (457a)
Art. 553. 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. (458)
Art. 554. A present possessor who shows his possession at some previous time, is presumed to have held possession also during the intermediate
period, in the absence of proof to the contrary. (459)
Art. 555. A possessor may lose his possession:
(1) By the abandonment of the thing;
(2) By an assignment made to another either by onerous or gratuitous title;
(3) By the destruction or total loss of the thing, or because it goes out of commerce;
(4) By the possession of another, subject to the provisions of Article 537, if the new possession has lasted longer than one year. But the real right of
possession is not lost till after the lapse of ten years. (460a)
Art. 556. The possession of movables is not deemed lost so long as they remain under the control of the possessor, even though for the time being
he may not know their whereabouts. (461)
Art. 557. The possession of immovables and of real rights is not deemed lost, or transferred for purposes of prescription to the prejudice of third
persons, except in accordance with the provisions of the Mortgage Law and the Land Registration laws. (462a)
Art. 558. 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.
(463)
Art. 559. The possession of movable property acquired in good faith is equivalent to a title. Nevertheless, one who has lost any movable or has
been unlawfully deprived thereof may recover it from the person in possession of the same.
If the possessor of a movable lost or which the owner has been unlawfully deprived, has acquired it in good faith at a public sale, the owner cannot
obtain its return without reimbursing the price paid therefor. (464a)
Art. 560. Wild animals are possessed only while they are under one's control; domesticated or tamed animals are considered domestic or tame if
they retain the habit of returning to the premises of the possessor. (465)
Art. 561. One who recovers, according to law, possession unjustly lost, shall be deemed for all purposes which may redound to his benefit, to have
enjoyed it without interruption. (466)
Title VI.
USUFRUCT
CHAPTER 1
USUFRUCT IN GENERAL
Art. 562. Usufruct gives a right to enjoy the property of another with the obligation of preserving its form and substance, unless the title constituting
it or the law otherwise provides. (467)
Art. 563. Usufruct is constituted by law, by the will of private persons expressed in acts inter vivos or in a last will and testament, and by
prescription. (468)
Art. 564. Usufruct may be constituted on the whole or a part of the fruits of the thing, in favor of one more persons, simultaneously or successively,
and in every case from or to a certain day, purely or conditionally. It may also be constituted on a right, provided it is not strictly personal or
intransmissible. (469)
Art. 565. The rights and obligations of the usufructuary shall be those provided in the title constituting the usufruct; in default of such title, or in case
it is deficient, the provisions contained in the two following Chapters shall be observed. (470)
CHAPTER 2
RIGHTS OF THE USUFRUCTUARY
Art. 566. The usufructuary shall be entitled to all the natural, industrial and civil fruits of the property in usufruct. With respect to hidden treasure
which may be found on the land or tenement, he shall be considered a stranger. (471)
Art. 567. Natural or industrial fruits growing at the time the usufruct begins, belong to the usufructuary.
Those growing at the time the usufruct terminates, belong to the owner.
In the preceding cases, the usufructuary, at the beginning of the usufruct, has no obligation to refund to the owner any expenses incurred; but the
owner shall be obliged to reimburse at the termination of the usufruct, from the proceeds of the growing fruits, the ordinary expenses of cultivation,
for seed, and other similar expenses incurred by the usufructuary.
The provisions of this article shall not prejudice the rights of third persons, acquired either at the beginning or at the termination of the usufruct.
(472)
Art. 568. If the usufructuary has leased the lands or tenements given in usufruct, and the usufruct should expire before the termination of the lease,
he or his heirs and successors shall receive only the proportionate share of the rent that must be paid by the lessee. (473)
Art. 569. Civil fruits are deemed to accrue daily, and belong to the usufructuary in proportion to the time the usufruct may last. (474)
Art. 570. Whenever a usufruct is constituted on the right to receive a rent or periodical pension, whether in money or in fruits, or in the interest on
bonds or securities payable to bearer, each payment due shall be considered as the proceeds or fruits of such right.
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.
In either case they shall be distributed as civil fruits, and shall be applied in the manner prescribed in the preceding article. (475)
Art. 571. 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. (479)
Art. 572. The usufructuary may personally enjoy the thing in usufruct, lease it to another, or alienate his right of usufruct, even by a gratuitous title;
but all the contracts he may enter into as such usufructuary shall terminate upon the expiration of the usufruct, saving leases of rural lands, which
shall be considered as subsisting during the agricultural year. (480)
Art. 573. 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. (481)
Art. 574. 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. In case they
were not appraised, he shall have the right to return at the same quantity and quality, or pay their current price at the time the usufruct ceases.
(482)
Art. 575. The usufructuary of fruit-bearing trees and shrubs may make use of the dead trunks, and even of those cut off or uprooted by accident,
under the obligation to replace them with new plants. (483a)
Art. 576. If in consequence of a calamity or extraordinary event, the trees or shrubs shall have disappeared in such considerable number that it
would not be possible or it would be too burdensome to replace them, the usufructuary may leave the dead, fallen or uprooted trunks at the
disposal of the owner, and demand that the latter remove them and clear the land. (484a)
Art. 577. The usufructuary of woodland may enjoy all the benefits which it may produce according to its nature.
If the woodland is a copse or consists of timber for building, the usufructuary may do such ordinary cutting or felling as the owner was in the habit of
doing, and in default of this, he may do so in accordance with the custom of the place, as to the manner, amount and season.
In any case the felling or cutting of trees shall be made in such manner as not to prejudice the preservation of the land.
In nurseries, the usufructuary may make the necessary thinnings in order that the remaining trees may properly grow.
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. (485)
Art. 578. The usufructuary of an action to recover real property or a real right, or any movable property, has the right to bring the action and to
oblige the owner thereof to give him the authority for this purpose and to furnish him whatever proof he may have. If in consequence of the
enforcement of the action he acquires the thing claimed, the usufruct shall be limited to the fruits, the dominion remaining with the owner. (486)
Art. 579. The usufructuary may make on the property held in usufruct such useful improvements or expenses for mere pleasure as he may deem
proper, provided he does not alter its form or substance; but he shall have no right to be indemnified therefor. He may, however, remove such
improvements, should it be possible to do so without damage to the property. (487)
Art. 580. The usufructuary may set off the improvements he may have made on the property against any damage to the same. (488)
Art. 581. The owner of property the usufruct of which is held by another, may alienate it, but he cannot alter its form or substance, or do anything
thereon which may be prejudicial to the usufructuary. (489)
Art. 582. The usufructuary of a part of a thing held in common shall exercise all the rights pertaining to the owner thereof with respect to the
administration and the collection of fruits or interest. Should the co-ownership cease by reason of the division of the thing held in common, the
usufruct of the part allotted to the co-owner shall belong to the usufructuary. (490)
CHAPTER 3
OBLIGATIONS OF THE USUFRUCTUARY
Art. 583. The usufructuary, before entering upon the enjoyment of the property, is obliged:
(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. (491)
Art. 584. The provisions of No. 2 of the preceding article shall not apply to the donor who has reserved the usufruct of the property donated, or to
the parents who are usufructuaries of their children's property, except when the parents contract a second marriage. (492a)
Art. 585. The usufructuary, whatever may be the title of the usufruct, may be excused from the obligation of making an inventory or of giving
security, when no one will be injured thereby. (493)
Art. 586. Should the usufructuary fail to give security in the cases in which he is bound to give it, the owner may demand that the immovables be
placed under administration, that the movables be sold, that the public bonds, instruments of credit payable to order or to bearer be converted into
registered certificates or deposited in a bank or public institution, and that the capital or sums in cash and the proceeds of the sale of the movable
property be invested in safe securities.
The interest on the proceeds of the sale of the movables and that on public securities and bonds, and the proceeds of the property placed under
administration, shall belong to the usufructuary.
Furthermore, the owner may, if he so prefers, until the usufructuary gives security or is excused from so doing, retain in his possession the property
in usufruct as administrator, subject to the obligation to deliver to the usufructuary the net proceeds thereof, after deducting the sums which may be
agreed upon or judicially allowed him for such administration. (494)
Art. 587. If the usufructuary who has not given security claims, by virtue of a promise under oath, the delivery of the furniture necessary for his use,
and that he and his family be allowed to live in a house included in the usufruct, the court may grant this petition, after due consideration of the facts
of the case.
The same rule shall be observed with respect to implements, tools and other movable property necessary for an industry or vocation in which he is
engaged.
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. (495)
Art. 588. After the security has been given by the usufructuary, he shall have a right to all the proceeds and benefits from the day on which, in
accordance with the title constituting the usufruct, he should have commenced to receive them. (496)
Art. 589. The usufructuary shall take care of the things given in usufruct as a good father of a family. (497)
Art. 590. A usufructuary who alienates or leases his right of usufruct shall answer for any damage which the things in usufruct may suffer through
the fault or negligence of the person who substitutes him. (498)
Art. 591. If the usufruct be constituted on a flock or herd of livestock, the usufructuary shall be obliged to replace with the young thereof the animals
that die each year from natural causes, or are lost due to the rapacity of beasts of prey.
If the animals on which the usufruct is constituted should all perish, without the fault of the usufructuary, on account of some contagious disease or
any other uncommon event, the usufructuary shall fulfill his obligation by delivering to the owner the remains which may have been saved from the
misfortune.
Should the herd or flock perish in part, also by accident and without the fault of the usufructuary, the usufruct shall continue on the part saved.
Should the usufruct be on sterile animals, it shall be considered, with respect to its effects, as though constituted on fungible things. (499a)
Art. 592. The usufructuary is obliged to make the ordinary repairs needed by the thing given in usufruct.
By ordinary repairs are understood such as are required by the wear and tear due to the natural use of the thing and are indispensable for its
preservation. Should the usufructuary fail to make them after demand by the owner, the latter may make them at the expense of the usufructuary.
(500)
Art. 593. Extraordinary repairs shall be at the expense of the owner. The usufructuary is obliged to notify the owner when the need for such repairs
is urgent. (501)
Art. 594. If the owner should make the extraordinary repairs, he shall have a right to demand of the usufructuary the legal interest on the amount
expended for the time that the usufruct lasts.
Should he not make them when they are indispensable for the preservation of the thing, the usufructuary may make them; but he shall have a right
to demand of the owner, at the termination of the usufruct, the increase in value which the immovable may have acquired by reason of the repairs.
(502a)
Art. 595. The owner may construct any works and make any improvements of which the immovable in usufruct is susceptible, or make new
plantings thereon if it be rural, provided that such acts do not cause a diminution in the value of the usufruct or prejudice the right of the
usufructuary. (503)
Art. 596. 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. (504)
Art. 597. The taxes which, during the usufruct, may be imposed directly on the capital, shall be at the expense of the owner.
If the latter has paid them, the usufructuary shall pay him the proper interest on the sums which may have been paid in that character; and, if the
said sums have been advanced by the usufructuary, he shall recover the amount thereof at the termination of the usufruct. (505)
Art. 598. 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.
The same rule shall be applied in case the owner is obliged, at the time the usufruct is constituted, to make periodical payments, even if there
should be no known capital. (506)
Art. 599. The usufructuary may claim any matured credits which form a part of the usufruct if he has given or gives the proper security. If he has
been excused from giving security or has been able to give it, or if that given is not sufficient, he shall need the authorization of the owner, or of the
court in default thereof, to collect such credits.
The usufructuary who has given security may use the capital he has collected in any manner he may deem proper. The usufructuary who has not
given security shall invest the said capital at interest upon agreement with the owner; in default of such agreement, with judicial authorization; and,
in every case, with security sufficient to preserve the integrity of the capital in usufruct. (507)
Art. 600. The usufructuary of a mortgaged immovable shall not be obliged to pay the debt for the security of which the mortgage was constituted.
Should the immovable be attached or sold judicially for the payment of the debt, the owner shall be liable to the usufructuary for whatever the latter
may lose by reason thereof. (509)
Art. 601. 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. (511)
Art. 602. The expenses, costs and liabilities in suits brought with regard to the usufruct shall be borne by the usufructuary. (512)
CHAPTER 4
EXTINGUISHMENT OF USUFRUCT
Art. 603. Usufruct is extinguished:
(1) By the death of the usufructuary, unless a contrary intention clearly appears;
(2) By the expiration of the period for which it was constituted, or by the fulfillment of any resolutory condition provided in the title creating the
usufruct;
(3) By merger of the usufruct and ownership in the same person;
(4) By renunciation of the usufructuary;
(5) By the total loss of the thing in usufruct;
(6) By the termination of the right of the person constituting the usufruct;
(7) By prescription. (513a)
Art. 604. If the thing given in usufruct should be lost only in part, the right shall continue on the remaining part. (514)
Art. 605. Usufruct cannot be constituted in favor of a town, corporation, or association for more than fifty years. If it has been constituted, and
before the expiration of such period the town is abandoned, or the corporation or association is dissolved, the usufruct shall be extinguished by
reason thereof. (515a)
Art. 606. A usufruct granted for the time that may elapse before a third person attains a certain age, shall subsist for the number of years specified,
even if the third person should die before the period expires, unless such usufruct has been expressly granted only in consideration of the
existence of such person. (516)
Art. 607. If the usufruct is constituted on immovable property of which a building forms part, and the latter should be destroyed in any manner
whatsoever, the usufructuary shall have a right to make use of the land and the materials.
The same rule shall be applied if the usufruct is constituted on a building only and the same should be destroyed. But in such a case, if the owner
should wish to construct another building, he shall have a right to occupy the land and to make use of the materials, being obliged to pay to the
usufructuary, during the continuance of the usufruct, the interest upon the sum equivalent to the value of the land and of the materials. (517)
Art. 608. If the usufructuary shares with the owner the insurance of the tenement given in usufruct, the former shall, in case of loss, continue in the
enjoyment of the new building, should one be constructed, or shall receive the interest on the insurance indemnity if the owner does not wish to
rebuild.
Should the usufructuary have refused to contribute to the insurance, the owner insuring the tenement alone, the latter shall receive the full amount
of the insurance indemnity in case of loss, saving always the right granted to the usufructuary in the preceding article. (518a)
Art. 609. Should the thing in usufruct be expropriated for public use, the owner shall be obliged either to replace it with another thing of the same
value and of similar conditions, or to pay the usufructuary the legal interest on the amount of the indemnity for the whole period of the usufruct. If
the owner chooses the latter alternative, he shall give security for the payment of the interest. (519)
Art. 610. A usufruct is not extinguished by bad use of the thing in usufruct; but if the abuse should cause considerable injury to the owner, the latter
may demand that the thing be delivered to him, binding himself to pay annually to the usufructuary the net proceeds of the same, after deducting
the expenses and the compensation which may be allowed him for its administration. (520)
Art. 611. A usufruct constituted in favor of several persons living at the time of its constitution shall not be extinguished until death of the last
survivor. (521)
Art. 612. Upon the termination of the usufruct, the thing in usufruct shall be delivered to the owner, without prejudice to the right of retention
pertaining to the usufructuary or his heirs for taxes and extraordinary expenses which should be reimbursed. After the delivery has been made, the
security or mortgage shall be cancelled. (522a)
Title VII.
EASEMENTS OF SERVITUDES
CHAPTER 1
EASEMENTS IN GENERAL
SECTION 1. - Different Kinds of Easements
Art. 613. An easement or servitude is an encumbrance imposed upon an immovable for the benefit of another immovable belonging to a different
owner.
The immovable in favor of which the easement is established is called the dominant estate; that which is subject thereto, the servient estate. (530)
Art. 614. Servitudes may also be established for the benefit of a community, or of one or more persons to whom the encumbered estate does not
belong. (531)
Art. 615. Easements may be continuous or discontinuous, apparent or nonapparent.
Continuous easements are those the use of which is or may be incessant, without the intervention of any act of man.
Discontinuous easements are those which are used at intervals and depend upon the acts of man.
Apparent easements are those which are made known and are continually kept in view by external signs that reveal the use and enjoyment of the
same.
Nonapparent easements are those which show no external indication of their existence. (532)
Art. 616. Easements are also positive or negative.
A positive easement is one which imposes upon the owner of the servient estate the obligation of allowing something to be done or of doing it
himself, and a negative easement, that which prohibits the owner of the servient estate from doing something which he could lawfully do if the
easement did not exist. (533)
Art. 617. Easements are inseparable from the estate to which they actively or passively belong. (534)
Art. 618. Easements are indivisible. If the servient estate is divided between two or more persons, the easement is not modified, and each of them
must bear it on the part which corresponds to him.
If it is the dominant estate that is divided between two or more persons, each of them may use the easement in its entirety, without changing the
place of its use, or making it more burdensome in any other way. (535)
Art. 619. Easements are established either by law or by the will of the owners. The former are called legal and the latter voluntary easements. (536)
SECTION 2. - Modes of Acquiring Easements
Art. 620. Continuous and apparent easements are acquired either by virtue of a title or by prescription of ten years. (537a)
Art. 621. In order to acquire by prescription the easements referred to in the preceding article, the time of possession shall be computed thus: in
positive easements, from the day on which the owner of the dominant estate, or the person who may have made use of the easement, commenced
to exercise it upon the servient estate; and in negative easements, from the day on which the owner of the dominant estate forbade, by an
instrument acknowledged before a notary public, the owner of the servient estate, from executing an act which would be lawful without the
easement. (538a)
Art. 622. Continuous nonapparent easements, and discontinuous ones, whether apparent or not, may be acquired only by virtue of a title. (539)
Art. 623. The absence of a document or proof showing the origin of an easement which cannot be acquired by prescription may be cured by a deed
of recognition by the owner of the servient estate or by a final judgment. (540a)
Art. 624. 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. This provision shall also apply in case of the division of a thing owned in common by two or more persons. (541a)
Art. 625. Upon the establishment of an easement, all the rights necessary for its use are considered granted. (542)
Art. 626. The owner of the dominant estate cannot use the easement except for the benefit of the immovable originally contemplated. Neither can
he exercise the easement in any other manner than that previously established. (n)
SECTION 3. - Rights and Obligations of the Owners of the Dominant and Servient Estates
Art. 627. The owner of the dominant estate may make, at his own expense, on the servient state any works necessary for the use and preservation
of the servitude, but without altering it or rendering it more burdensome.
For this purpose he shall notify the owner of the servient estate, and shall choose the most convenient time and manner so as to cause the least
inconvenience to the owner of the servient estate. (543a)
Art. 628. 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. Any one who does not wish to contribute may exempt himself
by renouncing the easement for the benefit of the others.
If the owner of the servient estate should make use of the easement in any manner whatsoever, he shall also be obliged to contribute to the
expenses in the proportion stated, saving an agreement to the contrary. (544)
Art. 629. The owner of the servient estate cannot impair, in any manner whatsoever, the use of the servitude.
Nevertheless, if by reason of the place originally assigned, or of the manner established for the use of the easement, the same should become very
inconvenient to the owner of the servient estate, or should prevent him from making any important works, repairs or improvements thereon, it may
be changed at his expense, provided he offers another place or manner equally convenient and in such a way that no injury is caused thereby to
the owner of the dominant estate or to those who may have a right to the use of the easement. (545)
Art. 630. The owner of the servient estate retains the ownership of the portion on which the easement is established, and may use the same in
such a manner as not to affect the exercise of the easement. (n)
SECTION 4. - Modes of Extinguishment of Easements
Art. 631. Easements are extinguished:
(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. (546a)
Art. 632. The form or manner of using the easement may prescribe as the easement itself, and in the same way. (547a)
Art. 633. 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. (548)
CHAPTER 2
LEGAL EASEMENTS
Art. 634. Easements imposed by law have for their object either public use or the interest of private persons. (549)
Art. 635. All matters concerning easements established for public or communal use shall be governed by the special laws and regulations relating
thereto, and, in the absence thereof, by the provisions of this Title. (550)
Art. 636. Easements established by law in the interest of private persons or for private use shall be governed by the provisions of this Title, without
prejudice to the provisions of general or local laws and ordinances for the general welfare.
These easements may be modified by agreement of the interested parties, whenever the law does not prohibit it or no injury is suffered by a third
person. (551a)
SECTION 2. - Easements Relating to Waters
Art. 637. Lower estates are obliged to receive the waters which naturally and without the intervention of man descend from the higher estates, as
well as the stones or earth which they carry with them.
The owner of the lower estate cannot construct works which will impede this easement; neither can the owner of the higher estate make works
which will increase the burden. (552)
Art. 638. The banks of rivers and streams, even in case they are of private ownership, are subject throughout their entire length and within a zone
of three meters along their margins, to the easement of public use in the general interest of navigation, floatage, fishing and salvage.
Estates adjoining the banks of navigable or floatable rivers are, furthermore, subject to the easement of towpath for the exclusive service of river
navigation and floatage.
If it be necessary for such purpose to occupy lands of private ownership, the proper indemnity shall first be paid. (553a)
Art. 639. Whenever for the diversion or taking of water from a river or brook, or for the use of any other continuous or discontinuous stream, it
should be necessary to build a dam, and the person who is to construct it is not the owner of the banks, or lands which must support it, he may
establish the easement of abutment of a dam, after payment of the proper indemnity. (554)
Art. 640. Compulsory easements for drawing water or for watering animals can be imposed only for reasons of public use in favor of a town or
village, after payment of the proper indemnity. (555)
Art. 641. Easements for drawing water and for watering animals carry with them the obligation of the owners of the servient estates to allow
passage to persons and animals to the place where such easements are to be used, and the indemnity shall include this service. (556)
Art. 642. 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. (557)
Art. 643. 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. (558)
Art. 644. The easement of aqueduct for private interest cannot be imposed on buildings, courtyards, annexes, or outhouses, or on orchards or
gardens already existing. (559)
Art. 645. The easement of aqueduct does not prevent the owner of the servient estate from closing or fencing it, or from building over the aqueduct
in such manner as not to cause the latter any damage, or render necessary repairs and cleanings impossible. (560)
Art. 646. 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. (561)
Art. 647. One who for the purpose of irrigating or improving his estate, has to construct a stop lock or sluice gate in the bed of the stream from
which the water is to be taken, may demand that the owners of the banks permit its construction, after payment of damages, including those
caused by the new easement to such owners and to the other irrigators. (562)
Art. 648. The establishment, extent, form and conditions of the servitudes of waters, to which this section refers, shall be governed by the special
laws relating thereto insofar as no provision therefor is made in this Code. (563a)
SECTION 3. - Easement of Right of Way
Art. 649. The owner, or any person who by virtue of a real right may cultivate or use any immovable, which is surrounded by other immovables
pertaining to other persons and without adequate outlet to a public highway, is entitled to demand a right of way through the neighboring estates,
after payment of the proper indemnity.
Should this easement be established in such a manner that its use may be continuous for all the needs of the dominant estate, establishing a
permanent passage, the indemnity shall consist of the value of the land occupied and the amount of the damage caused to the servient estate.
In case the right of way is limited to the necessary passage for the cultivation of the estate surrounded by others and for the gathering of its crops
through the servient estate without a permanent way, the indemnity shall consist in the payment of the damage caused by such encumbrance.
This easement is not compulsory if the isolation of the immovable is due to the proprietor's own acts. (564a)
Art. 650. 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. (565)
Art. 651. The width of the easement of right of way shall be that which is sufficient for the needs of the dominant estate, and may accordingly be
changed from time to time. (566a)
Art. 652. Whenever a piece of land acquired by sale, exchange or partition, is surrounded by other estates of the vendor, exchanger, or co-owner,
he shall be obliged to grant a right of way without indemnity.
In case of a simple donation, the donor shall be indemnified by the donee for the establishment of the right of way. (567a)
Art. 653. In the case of the preceding article, if it is the land of the grantor that becomes isolated, he may demand a right of way after paying a
indemnity. However, the donor shall not be liable for indemnity. (n)
Art. 654. If the right of way is permanent, the necessary repairs shall be made by the owner of the dominant estate. A proportionate share of the
taxes shall be reimbursed by said owner to the proprietor of the servient estate. (n)
Art. 655. If the right of way granted to a surrounded estate ceases to be necessary because its owner has joined it to another abutting on a public
road, the owner of the servient estate may demand that the easement be extinguished, returning what he may have received by way of indemnity.
The interest on the indemnity shall be deemed to be in payment of rent for the use of the easement.
The same rule shall be applied in case a new road is opened giving access to the isolated estate.
In both cases, the public highway must substantially meet the needs of the dominant estate in order that the easement may be extinguished. (568a)
Art. 656. If it be indispensable for the construction, repair, improvement, alteration or beautification of a building, to carry materials through the
estate of another, or to raise therein scaffolding or other objects necessary for the work, the owner of such estate shall be obliged to permit the act,
after receiving payment of the proper indemnity for the damage caused him. (569a)
Art. 657. Easements of the right of way for the passage of livestock known as animal path, animal trail or any other, and those for watering places,
resting places and animal folds, shall be governed by the ordinances and regulations relating thereto, and, in the absence thereof, by the usages
and customs of the place.
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.
Whenever it is necessary to establish a compulsory easement of the right of way or for a watering place for animals, the provisions of this Section
and those of Articles 640 and 641 shall be observed. In this case the width shall not exceed 10 meters. (570a)
SECTION 4. - Easement of Party Wall
Art. 658. The easement of party wall shall be governed by the provisions of this Title, by the local ordinances and customs insofar as they do not
conflict with the same, and by the rules of co-ownership. (571a)
Art. 659. The existence of an easement of party wall is presumed, unless there is a title, or exterior sign, or proof to the contrary:
(1) In dividing walls of adjoining buildings up to the point of common elevation;
(2) In dividing walls of gardens or yards situated in cities, towns, or in rural communities;
(3) In fences, walls and live hedges dividing rural lands. (572)
Art. 660. It is understood that there is an exterior sign, contrary to the easement of party wall:
(1) Whenever in the dividing wall of buildings there is a window or opening;
(2) Whenever the dividing wall is, on one side, straight and plumb on all its facement, and on the other, it has similar conditions on the upper part,
but the lower part slants or projects outward;
(3) Whenever the entire wall is built within the boundaries of one of the estates;
(4) Whenever the dividing wall bears the burden of the binding beams, floors and roof frame of one of the buildings, but not those of the others;
(5) Whenever the dividing wall between courtyards, gardens, and tenements is constructed in such a way that the coping sheds the water upon
only one of the estates;
(6) Whenever the dividing wall, being built of masonry, has stepping stones, which at certain intervals project from the surface on one side only, but
not on the other;
(7) Whenever lands inclosed by fences or live hedges adjoin others which are not inclosed.
In all these cases, the ownership of the walls, fences or hedges shall be deemed to belong exclusively to the owner of the property or tenement
which has in its favor the presumption based on any one of these signs. (573)
Art. 661. Ditches or drains opened between two estates are also presumed as common to both, if there is no title or sign showing the contrary.
There is a sign contrary to the part-ownership whenever the earth or dirt removed to open the ditch or to clean it is only on one side thereof, in
which case the ownership of the ditch shall belong exclusively to the owner of the land having this exterior sign in its favor. (574)
Art. 662. The cost of repairs and construction of party walls and the maintenance of fences, live hedges, ditches, and drains owned in common,
shall be borne by all the owners of the lands or tenements having the party wall in their favor, in proportion to the right of each.
Nevertheless, any owner may exempt himself from contributing to this charge by renouncing his part-ownership, except when the party wall
supports a building belonging to him. (575)
Art. 663. If the owner of a building, supported by a party wall desires to demolish the building, he may also renounce his part-ownership of the wall,
but the cost of all repairs and work necessary to prevent any damage which the demolition may cause to the party wall, on this occasion only, shall
be borne by him. (576)
Art. 664. Every owner may increase the height of the party wall, doing at his own expense and paying for any damage which may be caused by the
work, even though such damage be temporary.
The expenses of maintaining the wall in the part newly raised or deepened at its foundation shall also be paid for by him; and, in addition, the
indemnity for the increased expenses which may be necessary for the preservation of the party wall by reason of the greater height or depth which
has been given it.
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. (577)
Art. 665. The other owners who have not contributed in giving increased height, depth or thickness to the wall may, nevertheless, acquire the right
of part-ownership therein, by paying proportionally the value of the work at the time of the acquisition and of the land used for its increased
thickness. (578a)
Art. 666. Every part-owner of a party wall may use it in proportion to the right he may have in the co-ownership, without interfering with the common
and respective uses by the other co-owners. (579a)
SECTION 5. - Easement of Light and View
Art. 667. No part-owner may, without the consent of the others, open through the party wall any window or aperture of any kind. (580)
Art. 668. 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. (n)
Art. 669. When the distances in Article 670 are not observed, the owner of a wall which is not party wall, adjoining a tenement or piece of land
belonging to another, can make in it openings to admit light at the height of the ceiling joints or immediately under the ceiling, and of the size of
thirty centimeters square, and, in every case, with an iron grating imbedded in the wall and with a wire screen.
Nevertheless, the owner of the tenement or property adjoining the wall in which the openings are made can close them should he acquire part-
ownership thereof, if there be no stipulation to the contrary.
He can also obstruct them by constructing a building on his land or by raising a wall thereon contiguous to that having such openings, unless an
easement of light has been acquired. (581a)
Art. 670. No windows, apertures, balconies, or other similar projections which afford a direct view upon or towards an adjoining land or tenement
can be made, without leaving a distance of two meters between the wall in which they are made and such contiguous property.
Neither can side or oblique views upon or towards such conterminous property be had, unless there be a distance of sixty centimeters.
The nonobservance of these distances does not give rise to prescription. (582a)
Art. 671. The distance referred to in the preceding article shall be measured in cases of direct views from the outer line of the wall when the
openings do not project, from the outer line of the latter when they do, and in cases of oblique view from the dividing line between the two
properties. (583)
Art. 672. The provisions of Article 670 are not applicable to buildings separated by a public way or alley, which is not less than three meters wide,
subject to special regulations and local ordinances. (584a)
Art. 673. Whenever by any title a right has been acquired to have direct views, balconies or belvederes overlooking an adjoining property, the
owner of the servient estate cannot build thereon at less than a distance of three meters to be measured in the manner provided in Article 671. Any
stipulation permitting distances less than those prescribed in Article 670 is void. (585a)
SECTION 6. - Drainage of Buildings
Art. 674. The owner of a building shall be obliged to construct its roof or covering in such manner that the rain water shall fall on his own land or on
a street or public place, and not on the land of his neighbor, even though the adjacent land may belong to two or more persons, one of whom is the
owner of the roof. Even if it should fall on his own land, the owner shall be obliged to collect the water in such a way as not to cause damage to the
adjacent land or tenement. (586a)
Art. 675. The owner of a tenement or a piece of land, subject to the easement of receiving water falling from roofs, may build in such manner as to
receive the water upon his own roof or give it another outlet in accordance with local ordinances or customs, and in such a way as not to cause any
nuisance or damage whatever to the dominant estate. (587)
Art. 676. Whenever the yard or court of a house is surrounded by other houses, and it is not possible to give an outlet through the house itself to
the rain water collected thereon, the establishment of an easement of drainage can be demanded, giving an outlet to the water at the point of the
contiguous lands or tenements where its egress may be easiest, and establishing a conduit for the drainage in such manner as to cause the least
damage to the servient estate, after payment of the property indemnity. (583)
SECTION 7. - Intermediate Distances and Works for Certain Constructions and Plantings
Art. 677. No constructions can be built or plantings made near fortified places or fortresses without compliance with the conditions required in
special laws, ordinances, and regulations relating thereto. (589)
Art. 678. No person shall build any aqueduct, well, sewer, furnace, forge, chimney, stable, depository of corrosive substances, machinery, or
factory which by reason of its nature or products is dangerous or noxious, without observing the distances prescribed by the regulations and
customs of the place, and without making the necessary protective works, subject, in regard to the manner thereof, to the conditions prescribed by
such regulations. These prohibitions cannot be altered or renounced by stipulation on the part of the adjoining proprietors.
In the absence of regulations, such precautions shall be taken as may be considered necessary, in order to avoid any damage to the neighboring
lands or tenements. (590a)
Art. 679. No trees shall be planted near a tenement or piece of land belonging to another except at the distance authorized by the ordinances or
customs of the place, and, in the absence thereof, at a distance of at least two meters from the dividing line of the estates if tall trees are planted
and at a distance of at least fifty centimeters if shrubs or small trees are planted.
Every landowner shall have the right to demand that trees hereafter planted at a shorter distance from his land or tenement be uprooted.
The provisions of this article also apply to trees which have grown spontaneously. (591a)
Art. 680. If the branches of any tree should extend over a neighboring estate, tenement, garden or yard, the owner of the latter shall have the right
to demand that they be cut off insofar as they may spread over his property, and, if it be the roots of a neighboring tree which should penetrate into
the land of another, the latter may cut them off himself within his property. (592)
Art. 681. Fruits naturally falling upon adjacent land belong to the owner of said land. (n)
SECTION 8. - Easement Against Nuisance (n)
Art. 682. Every building or piece of land is subject to the easement which prohibits the proprietor or possessor from committing nuisance through
noise, jarring, offensive odor, smoke, heat, dust, water, glare and other causes.
Art. 683. Subject to zoning, health, police and other laws and regulations, factories and shops may be maintained provided the least possible
annoyance is caused to the neighborhood.
SECTION 9. - Lateral and Subjacent Support (n)
Sec. 684. No proprietor shall make such excavations upon his land as to deprive any adjacent land or building of sufficient lateral or subjacent
support.
Art. 685. Any stipulation or testamentary provision allowing excavations that cause danger to an adjacent land or building shall be void.
Art. 686. The legal easement of lateral and subjacent support is not only for buildings standing at the time the excavations are made but also for
constructions that may be erected.
Art. 687. Any proprietor intending to make any excavation contemplated in the three preceding articles shall notify all owners of adjacent lands.
CHAPTER 3
VOLUNTARY EASEMENTS
Art. 688. Every owner of a tenement or piece of land may establish thereon the easements which he may deem suitable, and in the manner and
form which he may deem best, provided he does not contravene the laws, public policy or public order. (594)
Art. 689. The owner of a tenement or piece of land, the usufruct of which belongs to another, may impose thereon, without the consent of the
usufructuary, any servitudes which will not injure the right of usufruct. (595)
Art. 690. 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. (596)
Art. 691. In order to impose an easement on an undivided tenement, or piece of land, the consent of all the co-owners shall be required.
The consent given by some only, must be held in abeyance until the last one of all the co-owners shall have expressed his conformity.
But the consent given by one of the co-owners separately from the others shall bind the grantor and his successors not to prevent the exercise of
the right granted. (597a)
Art. 692. The title and, in a proper case, the possession of an easement acquired by prescription shall determine the rights of the dominant estate
and the obligations of the servient estate. In default thereof, the easement shall be governed by such provisions of this Title as are applicable
thereto. (598)
Art. 693. If the owner of the servient estate should have bound himself, upon the establishment of the easement, to bear the cost of the work
required for the use and preservation thereof, he may free himself from this obligation by renouncing his property to the owner of the dominant
estate. (599)
Title VIII.
NUISANCE (n)
Art. 694. A nuisance is any act, omission, establishment, business, condition of property, or anything else which:
(1) Injures or endangers the health or safety of others; or
(2) Annoys or offends the senses; or
(3) Shocks, defies or disregards decency or morality; or
(4) Obstructs or interferes with the free passage of any public highway or street, or any body of water; or
(5) Hinders or impairs the use of property.
Art. 695. Nuisance is either public or private. A public nuisance affects a community or neighborhood or any considerable number of persons,
although the extent of the annoyance, danger or damage upon individuals may be unequal. A private nuisance is one that is not included in the
foregoing definition.
Art. 696. 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.
Art. 697. The abatement of a nuisance does not preclude the right of any person injured to recover damages for its past existence.
Art. 698. Lapse of time cannot legalize any nuisance, whether public or private.
Art. 699. The remedies against a public nuisance are:
(1) A prosecution under the Penal Code or any local ordinance: or
(2) A civil action; or
(3) Abatement, without judicial proceedings.
Art. 700. The district health officer shall take care that one or all of the remedies against a public nuisance are availed of.
Art. 701. If a civil action is brought by reason of the maintenance of a public nuisance, such action shall be commenced by the city or municipal
mayor.
Art. 702. The district health officer shall determine whether or not abatement, without judicial proceedings, is the best remedy against a public
nuisance.
Art. 703. A private person may file an action on account of a public nuisance, if it is specially injurious to himself.
Art. 704. Any private person may abate a public nuisance which is specially injurious to him by removing, or if necessary, by destroying the thing
which constitutes the same, without committing a breach of the peace, or doing unnecessary injury. But it is necessary:
(1) That demand be first made upon the owner or possessor of the property to abate the nuisance;
(2) That such demand has been rejected;
(3) That the abatement be approved by the district health officer and executed with the assistance of the local police; and
(4) That the value of the destruction does not exceed three thousand pesos.
Art. 705. The remedies against a private nuisance are:
(1) A civil action; or
(2) Abatement, without judicial proceedings.
Art. 706. Any person injured by a private nuisance may abate it by removing, or if necessary, by destroying the thing which constitutes the
nuisance, without committing a breach of the peace or doing unnecessary injury. However, it is indispensable that the procedure for extrajudicial
abatement of a public nuisance by a private person be followed.
Art. 707. A private person or a public official extrajudicially abating a nuisance shall be liable for damages:
(1) If he causes unnecessary injury; or
(2) If an alleged nuisance is later declared by the courts to be not a real nuisance.
Title IX.
REGISTRY OF PROPERTY
Art. 708. The Registry of Property has for its object the inscription or annotation of acts and contracts relating to the ownership and other rights over
immovable property. (605)
Art. 709. The titles of ownership, or of other rights over immovable property, which are not duly inscribed or annotated in the Registry of Property
shall not prejudice third persons. (606)
Art. 710. The books in the Registry of Property shall be public for those who have a known interest in ascertaining the status of the immovables or
real rights annotated or inscribed therein. (607)
Art. 711. For determining what titles are subject to inscription or annotation, as well as the form, effects, and cancellation of inscriptions and
annotations, the manner of keeping the books in the Registry, and the value of the entries contained in said books, the provisions of the Mortgage
Law, the Land Registration Act, and other special laws shall govern. (608a)
BOOK III
DIFFERENT MODES OF ACQUIRING OWNERSHIP
PRELIMINARY PROVISION
Art. 712. 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 estate and intestate succession, and in
consequence of certain contracts, by tradition.
They may also be acquired by means of prescription. (609a)
Title I.
OCCUPATION
Art. 713. Things appropriable by nature which are without an owner, such as animals that are the object of hunting and fishing, hidden treasure and
abandoned movables, are acquired by occupation. (610)
Art. 714. The ownership of a piece of land cannot be acquired by occupation. (n)
Art. 715. The right to hunt and to fish is regulated by special laws. (611)
Art. 716. The owner of a swarm of bees shall have a right to pursue them to another's land, indemnifying the possessor of the latter for the damage.
If the owner has not pursued the swarm, or ceases to do so within two consecutive days, the possessor of the land may occupy or retain the same.
The owner of domesticated animals may also claim them within twenty days to be counted from their occupation by another person. This period
having expired, they shall pertain to him who has caught and kept them. (612a)
Art. 717. Pigeons and fish which from their respective breeding places pass to another pertaining to a different owner shall belong to the latter,
provided they have not been enticed by some article of fraud. (613a)
Art. 718. He who by chance discovers hidden treasure in another's property shall have the right granted him in article 438 of this Code. (614)
Art. 719. Whoever finds a movable, which is not treasure, must return it to its previous possessor. If the latter is unknown, the finder shall
immediately deposit it with the mayor of the city or municipality where the finding has taken place.
The finding shall be publicly announced by the mayor for two consecutive weeks in the way he deems best.
If the movable cannot be kept without deterioration, or without expenses which considerably diminish its value, it shall be sold at public auction
eight days after the publication.
Six months from the publication having elapsed without the owner having appeared, the thing found, or its value, shall be awarded to the finder.
The finder and the owner shall be obliged, as the case may be, to reimburse the expenses. (615a)
Art. 720. If the owner should appear in time, he shall be obliged to pay, as a reward to the finder, one-tenth of the sum or of the price of the thing
found. (616a)
Title II.
INTELLECTUAL CREATION
Art. 721. 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)
Art. 722. 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)
Art. 723. 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)
Art. 724. Special laws govern copyright and patent. (429a)
Title III.
DONATION
CHAPTER 1
NATURE OF DONATIONS
Art. 725. Donation is an act of liberality whereby a person disposes gratuitously of a thing or right in favor of another, who accepts it. (618a)
Art. 726. 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)
Art. 727. Illegal or impossible conditions in simple and remuneratory donations shall be considered as not imposed. (n)
Art. 728. Donations which are to take effect upon the death of the donor partake of the nature of testamentary provisions, and shall be governed by
the rules established in the Title on Succession. (620)
Art. 729. When the donor intends that the donation shall take effect during the lifetime of the donor, though the property shall not be delivered till
after the donor's death, this shall be a donation inter vivos. The fruits of the property from the time of the acceptance of the donation, shall pertain to
the donee, unless the donor provides otherwise. (n)
Art. 730. The fixing of an event or the imposition of a suspensive condition, which may take place beyond the natural expectation of life of the
donor, does not destroy the nature of the act as a donation inter vivos, unless a contrary intention appears. (n)
Art. 731. When a person donates something, subject to the resolutory condition of the donor's survival, there is a donation inter vivos. (n)
Art. 732. Donations which are to take effect inter vivos shall be governed by the general provisions on contracts and obligations in all that is not
determined in this Title. (621)
Art. 733. Donations with an onerous cause shall be governed by the rules on contracts and remuneratory donations by the provisions of the present
Title as regards that portion which exceeds the value of the burden imposed. (622)
Art. 734. The donation is perfected from the moment the donor knows of the acceptance by the donee. (623)
CHAPTER 2
PERSONS WHO MAY GIVE OR RECEIVE A DONATION
Art. 735. All persons who may contract and dispose of their property may make a donation. (624)
Art. 736. Guardians and trustees cannot donate the property entrusted to them. (n)
Art. 737. The donor's capacity shall be determined as of the time of the making of the donation. (n)
Art. 738. Al those who are not specially disqualified by law therefor may accept donations. (625)
Art. 739. 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, descedants and ascendants, by reason of his office.
In the case referred to in No. 1, the action for declaration of nullity may be brought by the spouse of the donor or donee; and the guilt of the donor
and donee may be proved by preponderance of evidence in the same action. (n)
Art. 740. Incapacity to succeed by will shall be applicable to donations inter vivos. (n)
Art. 741. Minors and others who cannot enter into a contract may become donees but acceptance shall be done through their parents or legal
representatives. (626a)
Art. 742. Donations made to conceived and unborn children may be accepted by those persons who would legally represent them if they were
already born. (627)
Art. 743. Donations made to incapacitated persons shall be void, though simulated under the guise of another contract or through a person who is
interposed. (628)
Art. 744. Donations of the same thing to two or more different donees shall be governed by the provisions concerning the sale of the same thing to
two or more different persons. (n)
Art. 745. The donee must accept the donation personally, or through an authorized person with a special power for the purpose, or with a general
and sufficient power; otherwise, the donation shall be void. (630)
Art. 746. Acceptance must be made during the lifetime of the donor and of the donee. (n)
Art. 747. Persons who accept donations in representation of others who may not do so by themselves, shall be obliged to make the notification and
notation of which Article 749 speaks. (631)
Art. 748. The donation of a movable may be made orally or in writing.
An oral donation requires the simultaneous delivery of the thing or of the document representing the right donated.
If the value of the personal property donated exceeds five thousand pesos, the donation and the acceptance shall be made in writing, otherwise,
the donation shall be void. (632a)
Art. 749. 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)
CHAPTER 3
EFFECT OF DONATIONS AND LIMITATIONS THEREON
Art. 750. The donations may comprehend all the present property of the donor, or part thereof, provided he reserves, in full ownership or in
usufruct, sufficient means for the support of himself, and of all relatives who, at the time of the acceptance of the donation, are by law entitled to be
supported by the donor. Without such reservation, the donation shall be reduced in petition of any person affected. (634a)
Art. 751. Donations cannot comprehend future property.
By future property is understood anything which the donor cannot dispose of at the time of the donation. (635)
Art. 752. The provisions of Article 750 notwithstanding, no person may give or receive, by way of donation, more than he may give or receive by
will.
The donation shall be inofficious in all that it may exceed this limitation. (636)
Art. 753. When a donation is made to several persons jointly, it is understood to be in equal shares, and there shall be no right of accretion among
them, unless the donor has otherwise provided.
The preceding paragraph shall not be applicable to donations made to the husband and wife jointly, between whom there shall be a right of
accretion, if the contrary has not been provided by the donor. (637)
Art. 754. The donee is subrogated to all the rights and actions which in case of eviction would pertain to the donor. The latter, on the other hand, is
not obliged to warrant the things donated, save when the donation is onerous, in which case the donor shall be liable for eviction to the concurrence
of the burden.
The donor shall also be liable for eviction or hidden defects in case of bad faith on his part. (638a)
Art. 755. The right to dispose of some of the things donated, or of some amount which shall be a charge thereon, may be reserved by the donor;
but if he should die without having made use of this right, the property or amount reserved shall belong to the donee. (639)
Art. 756. The ownership of property may also be donated to one person and the usufruct to another or others, provided all the donees are living at
the time of the donation. (640a)
Art. 757. Reversion may be validly established in favor of only the donor for any case and circumstances, but not in favor of other persons unless
they are all living at the time of the donation.
Any reversion stipulated by the donor in favor of a third person in violation of what is provided in the preceding paragraph shall be void, but shall not
nullify the donation. (614a)
Art. 758. When the donation imposes upon the donee the obligation to pay the debts of the donor, if the clause does not contain any declaration to
the contrary, the former is understood to be liable to pay only the debts which appear to have been previously contracted. In no case shall the
donee be responsible for the debts exceeding the value of the property donated, unless a contrary intention clearly appears. (642a)
Art. 759. There being no stipulation regarding the payment of debts, the donee shall be responsible therefor only when the donation has been
made in fraud of creditors.
The donation is always presumed to be in fraud of creditors, when at the time thereof the donor did not reserve sufficient property to pay his debts
prior to the donation. (643)
CHAPTER 4
REVOCATION AND REDUCTION OF DONATIONS
Art. 760. Every donation inter vivos, made by a person having no children or descendants, legitimate or legitimated by subsequent marriage, or
illegitimate, may be revoked or reduced as provided in the next article, by the happening of any of these events:
(1) If the donor, after the donation, should have legitimate or legitimated or illegitimate children, even though they be posthumous;
(2) If the child of the donor, whom the latter believed to be dead when he made the donation, should turn out to be living;
(3) If the donor subsequently adopt a minor child. (644a)
Art. 761. In the cases referred to in the preceding article, the donation shall be revoked or reduced insofar as it exceeds the portion that may be
freely disposed of by will, taking into account the whole estate of the donor at the time of the birth, appearance or adoption of a child. (n)
Art. 762. Upon the revocation or reduction of the donation by the birth, appearance or adoption of a child, the property affected shall be returned or
its value if the donee has sold the same.
If the property is mortgaged, the donor may redeem the mortgage, by paying the amount guaranteed, with a right to recover the same from the
donee.
When the property cannot be returned, it shall be estimated at what it was worth at the time of the donation. (645a)
Art. 763. The action for revocation or reduction on the grounds set forth in article 760 shall prescribe after four years from the birth of the first child,
or from his legitimation, recognition or adoption, or from the judicial declaration of filiation, or from the time information was received regarding the
existence of the child believed dead.
This action cannot be renounced, and is transmitted, upon the death of the donor, to his legitimate and illegitimate children and descendants.
(646a)
Art. 764. The donation shall be revoked at the instance of the donor, when the donee fails to comply with any of the conditions which the former
imposed upon the latter.
In this case, the property donated shall be returned to the donor, the alienations made by the donee and the mortgages imposed thereon by him
being void, with the limitations established, with regard to third persons, by the Mortgage Law and the Land Registration Laws.
This action shall prescribe after four years from the noncompliance with the condition, may be transmitted to the heirs of the donor, and may be
exercised against the donee's heirs. (647a)
Art. 765. The donation may also be revoked at the instance of the donor, by reason of ingratitude in the following cases:
(1) If the donee should commit some offense against the person, the honor or the property of the donor, or of his wife or children under his parental
authority;
(2) If the donee imputes to the donor any criminal offense, or any act involving moral turpitude, even though he should prove it, unless the crime or
the act has been committed against the donee himself, his wife or children under his authority;
(3) If he unduly refuses him support when the donee is legally or morally bound to give support to the donor. (648a)
Art. 766. Although the donation is revoked on account of ingratitude, nevertheless, the alienations and mortgages effected before the notation of
the complaint for revocation in the Registry of Property shall subsist.
Later ones shall be void. (649)
Art. 767. In the case referred to in the first paragraph of the preceding article, the donor shall have a right to demand from the donee the value of
property alienated which he cannot recover from third persons, or the sum for which the same has been mortgaged.
The value of said property shall be fixed as of the time of the donation. (650)
Art. 768. When the donation is revoked for any of the causes stated in Article 760, or by reason of ingratitude, or when it is reduced because it is
inofficious, the donee shall not return the fruits except from the filing of the complaint.
If the revocation is based upon noncompliance with any of the conditions imposed in the donation, the donee shall return not only the property but
also the fruits thereof which he may have received after having failed to fulfill the condition. (651)
Art. 769. The action granted to the donor by reason of ingratitude cannot be renounced in advance. This action prescribes within one year, to be
counted from the time the donor had knowledge of the fact and it was possible for him to bring the action. (652)
Art. 770. This action shall not be transmitted to the heirs of the donor, if the latter did not institute the same, although he could have done so, and
even if he should die before the expiration of one year.
Neither can this action be brought against the heir of the donee, unless upon the latter's death the complaint has been filed. (653)
Art. 771. Donations which in accordance with the provisions of Article 752, are inofficious, bearing in mind the estimated net value of the donor's
property at the time of his death, shall be reduced with regard to the excess; but this reduction shall not prevent the donations from taking effect
during the life of the donor, nor shall it bar the donee from appropriating the fruits.
For the reduction of donations the provisions of this Chapter and of Articles 911 and 912 of this Code shall govern. (654)
Art. 772. Only those who at the time of the donor's death have a right to the legitime and their heirs and successors in interest may ask for the
reduction or inofficious donations.
Those referred to in the preceding paragraph cannot renounce their right during the lifetime of the donor, either by express declaration, or by
consenting to the donation.
The donees, devisees and legatees, who are not entitled to the legitime and the creditors of the deceased can neither ask for the reduction nor
avail themselves thereof. (655a)
Art. 773. If, there being two or more donations, the disposable portion is not sufficient to cover all of them, those of the more recent date shall be
suppressed or reduced with regard to the excess. (656)
Title IV.
SUCCESSION
CHAPTER 1
GENERAL PROVISIONS
Art. 774. Succession is a mode of acquisition by virtue of which the property, rights and obligations to the extent of the value of the inheritance, of a
person are transmitted through his death to another or others either by his will or by operation of law. (n)
Art. 775. In this Title, "decedent" is the general term applied to the person whose property is transmitted through succession, whether or not he left
a will. If he left a will, he is also called the testator. (n)
Art. 776. The inheritance includes all the property, rights and obligations of a person which are not extinguished by his death. (659)
Art. 777. The rights to the succession are transmitted from the moment of the death of the decedent. (657a)
Art. 778. Succession may be:
(1) Testamentary;
(2) Legal or intestate; or
(3) Mixed. (n)

Art. 779. Testamentary succession is that which results from the designation of an heir, made in a will executed in the form prescribed by law. (n)
Art. 780. Mixed succession is that effected partly by will and partly by operation of law. (n)
Art. 781. The inheritance of a person includes not only the property and the transmissible rights and obligations existing at the time of his death, but
also those which have accrued thereto since the opening of the succession. (n)
Art. 782. An heir is a person called to the succession either by the provision of a will or by operation of law.
Devisees and legatees are persons to whom gifts of real and personal property are respectively given by virtue of a will. (n)
CHAPTER 2
TESTAMENTARY SUCCESSION
SECTION 1. - Wills
SUBSECTION 1. - Wills in General
Art. 783. A will is an act whereby a person is permitted, with the formalities prescribed by law, to control to a certain degree the disposition of this
estate, to take effect after his death. (667a)
Art. 784. The making of a will is a strictly personal act; it cannot be left in whole or in part of the discretion of a third person, or accomplished
through the instrumentality of an agent or attorney. (670a)
Art. 785. The duration or efficacy of the designation of heirs, devisees or legatees, or the determination of the portions which they are to take, when
referred to by name, cannot be left to the discretion of a third person. (670a)
Art. 786. The testator may entrust to a third person the distribution of specific property or sums of money that he may leave in general to specified
classes or causes, and also the designation of the persons, institutions or establishments to which such property or sums are to be given or
applied. (671a)
Art. 787. The testator may not make a testamentary disposition in such manner that another person has to determine whether or not it is to be
operative. (n)
Art. 788. If a testamentary disposition admits of different interpretations, in case of doubt, that interpretation by which the disposition is to be
operative shall be preferred. (n)
Art. 789. When there is an imperfect description, or when no person or property exactly answers the description, mistakes and omissions must be
corrected, if the error appears from the context of the will or from extrinsic evidence, excluding the oral declarations of the testator as to his
intention; and when an uncertainty arises upon the face of the will, as to the application of any of its provisions, the testator's intention is to be
ascertained from the words of the will, taking into consideration the circumstances under which it was made, excluding such oral declarations. (n)
Art. 790. The words of a will are to be taken in their ordinary and grammatical sense, unless a clear intention to use them in another sense can be
gathered, and that other can be ascertained.
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. (675a)
Art. 791. The words of a will are to receive an interpretation which will give to every expression some effect, rather than one which will render any of
the expressions inoperative; and of two modes of interpreting a will, that is to be preferred which will prevent intestacy. (n)
Art. 792. The invalidity of one of several dispositions contained in a will does not result in the invalidity of the other dispositions, unless it is to be
presumed that the testator would not have made such other dispositions if the first invalid disposition had not been made. (n)
Art. 793. Property acquired after the making of a will shall only pass thereby, as if the testator had possessed it at the time of making the will,
should it expressly appear by the will that such was his intention. (n)
Art. 794. Every devise or legacy shall cover all the interest which the testator could device or bequeath in the property disposed of, unless it clearly
appears from the will that he intended to convey a less interest. (n)
Art. 795. The validity of a will as to its form depends upon the observance of the law in force at the time it is made. (n)
SUBSECTION 2. - Testamentary Capacity and Intent
Art. 796. All persons who are not expressly prohibited by law may make a will. (662)
Art. 797. Persons of either sex under eighteen years of age cannot make a will. (n)
Art. 798. In order to make a will it is essential that the testator be of sound mind at the time of its execution. (n)
Art. 799. To be of sound mind, it is not necessary that the testator be in full possession of all his reasoning faculties, or that his mind be wholly
unbroken, unimpaired, or unshattered by disease, injury or other cause.
It shall be sufficient if the testator was able at the time of making the will to know the nature of the estate to be disposed of, the proper objects of his
bounty, and the character of the testamentary act. (n)
Art. 800. The law presumes that every person is of sound mind, in the absence of proof to the contrary.
The burden of proof that the testator was not of sound mind at the time of making his dispositions is on the person who opposes the probate of the
will; but if the testator, one month, or less, before making his will was publicly known to be insane, the person who maintains the validity of the will
must prove that the testator made it during a lucid interval. (n)
Art. 801. Supervening incapacity does not invalidate an effective will, nor is the will of an incapable validated by the supervening of capacity. (n)
Art. 802. A married woman may make a will without the consent of her husband, and without the authority of the court. (n)
Art. 803. A married woman may dispose by will of all her separate property as well as her share of the conjugal partnership or absolute community
property. (n)
SUBSECTION 3. - Forms of Wills
Art. 804. Every will must be in writing and executed in a language or dialect known to the testator. (n)
Art. 805. Every will, other than a holographic will, must be subscribed at the end thereof by the testator himself or by the testator's name written by
some other person in his presence, and by his express direction, and attested and subscribed by three or more credible witnesses in the presence
of the testator and of one another.
The testator or the person requested by him to write his name and the instrumental witnesses of the will, shall also sign, as aforesaid, each and
every page thereof, except the last, on the left margin, and all the pages shall be numbered correlatively in letters placed on the upper part of each
page.
The attestation shall state the number of pages used upon which the will is written, and the fact that the testator signed the will and every page
thereof, or caused some other person to write his name, under his express direction, in the presence of the instrumental witnesses, and that the
latter witnessed and signed the will and all the pages thereof in the presence of the testator and of one another.
If the attestation clause is in a language not known to the witnesses, it shall be interpreted to them. (n)
Art. 806. Every will must be acknowledged before a notary public by the testator and the witnesses. The notary public shall not be required to retain
a copy of the will, or file another with the Office of the Clerk of Court. (n)
Art. 807. If the testator be deaf, or a deaf-mute, he must personally read the will, if able to do so; otherwise, he shall designate two persons to read
it and communicate to him, in some practicable manner, the contents thereof. (n)
Art. 808. If the testator is blind, the will shall be read to him twice; once, by one of the subscribing witnesses, and again, by the notary public before
whom the will is acknowledged. (n)
Art. 809. In the absence of bad faith, forgery, or fraud, or undue and improper pressure and influence, defects and imperfections in the form of
attestation or in the language used therein shall not render the will invalid if it is proved that the will was in fact executed and attested in substantial
compliance with all the requirements of Article 805. (n)
Art. 810. A person may execute a holographic will which must be entirely written, dated, and signed by the hand of the testator himself. It is subject
to no other form, and may be made in or out of the Philippines, and need not be witnessed. (678, 688a)
Art. 811. In the probate of a holographic will, it shall be necessary that at least one witness who knows the handwriting and signature of the testator
explicitly declare that the will and the signature are in the handwriting of the testator. If the will is contested, at least three of such witnesses shall be
required.
In the absence of any competent witness referred to in the preceding paragraph, and if the court deem it necessary, expert testimony may be
resorted to. (619a)
Art. 812. In holographic wills, the dispositions of the testator written below his signature must be dated and signed by him in order to make them
valid as testamentary dispositions. (n)
Art. 813. When a number of dispositions appearing in a holographic will are signed without being dated, and the last disposition has a signature and
a date, such date validates the dispositions preceding it, whatever be the time of prior dispositions. (n)
Art. 814. In case of any insertion, cancellation, erasure or alteration in a holographic will, the testator must authenticate the same by his full
signature. (n)
Art. 815. When a Filipino is in a foreign country, he is authorized to make a will in any of the forms established by the law of the country in which he
may be. Such will may be probated in the Philippines. (n)
Art. 816. The will of an alien who is abroad produces effect in the Philippines if made with the formalities prescribed by the law of the place in which
he resides, or according to the formalities observed in his country, or in conformity with those which this Code prescribes. (n)
Art. 817. A will made in the Philippines by a citizen or subject of another country, which is executed in accordance with the law of the country of
which he is a citizen or subject, and which might be proved and allowed by the law of his own country, shall have the same effect as if executed
according to the laws of the Philippines. (n)
Art. 818. Two or more persons cannot make a will jointly, or in the same instrument, either for their reciprocal benefit or for the benefit of a third
person. (669)
Art. 819. Wills, prohibited by the preceding article, executed by Filipinos in a foreign country shall not be valid in the Philippines, even though
authorized by the laws of the country where they may have been executed. (733a)
SUBSECTION 4. - Witnesses to Wills
Art. 820. Any person of sound mind and of the age of eighteen years or more, and not bind, deaf or dumb, and able to read and write, may be a
witness to the execution of a will mentioned in Article 805 of this Code. (n)
Art. 821. The following are disqualified from being witnesses to a will:
(1) Any person not domiciled in the Philippines;
(2) Those who have been convicted of falsification of a document, perjury or false testimony. (n)
Art. 822. If the witnesses attesting the execution of a will are competent at the time of attesting, their becoming subsequently incompetent shall not
prevent the allowance of the will. (n)
Art. 823. If a person attests the execution of a will, to whom or to whose spouse, or parent, or child, a devise or legacy is given by such will, such
devise or legacy shall, so far only as concerns such person, or spouse, or parent, or child of such person, or any one claiming under such person or
spouse, or parent, or child, be void, unless there are three other competent witnesses to such will. However, such person so attesting shall be
admitted as a witness as if such devise or legacy had not been made or given. (n)
Art. 824. A mere charge on the estate of the testator for the payment of debts due at the time of the testator's death does not prevent his creditors
from being competent witnesses to his will. (n)
SUBSECTION 5. - Codicils and Incorporation by Reference
Art. 825. A codicil is supplement or addition to a will, made after the execution of a will and annexed to be taken as a part thereof, by which
disposition made in the original will is explained, added to, or altered. (n)
Art. 826. In order that a codicil may be effective, it shall be executed as in the case of a will. (n)
Art. 827. If a will, executed as required by this Code, incorporates into itself by reference any document or paper, such document or paper shall not
be considered a part of the will unless the following requisites are present:
(1) The document or paper referred to in the will must be in existence at the time of the execution of the will;
(2) The will must clearly describe and identify the same, stating among other things the number of pages thereof;
(3) It must be identified by clear and satisfactory proof as the document or paper referred to therein; and
(4) It must be signed by the testator and the witnesses on each and every page, except in case of voluminous books of account or inventories. (n)
SUBSECTION 6. - Revocation of Wills and Testamentary Dispositions
Art. 828. A will may be revoked by the testator at any time before his death. Any waiver or restriction of this right is void. (737a)
Art. 829. 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. (n)
Art. 830. No will shall be revoked except in the following cases:
(1) By implication of law; or
(2) By some will, codicil, or other writing executed as provided in case of wills; or
(3) By burning, tearing, cancelling, or obliterating the will with the intention of revoking it, by the testator himself, or by some other person in his
presence, and by his express direction. If burned, torn, cancelled, or obliterated by some other person, without the express direction of the testator,
the will may still be established, and the estate distributed in accordance therewith, if its contents, and due execution, and the fact of its
unauthorized destruction, cancellation, or obliteration are established according to the Rules of Court. (n)
Art. 831. Subsequent wills which do not revoke the previous ones in an express manner, annul only such dispositions in the prior wills as are
inconsistent with or contrary to those contained in the latter wills. (n)
Art. 832. A revocation made in a subsequent will shall take effect, even if the new will should become inoperative by reason of the incapacity of the
heirs, devisees or legatees designated therein, or by their renunciation. (740a)
Art. 833. A revocation of a will based on a false cause or an illegal cause is null and void. (n)
Art. 834. The recognition of an illegitimate child does not lose its legal effect, even though the will wherein it was made should be revoked. (714)
SUBSECTION 7. - Republication and Revival of Wills
Art. 835. The testator cannot republish, without reproducing in a subsequent will, the dispositions contained in a previous one which is void as to its
form. (n)
Art. 836. The execution of a codicil referring to a previous will has the effect of republishing the will as modified by the codicil. (n)
Art. 837. If after making a will, the testator makes a second will expressly revoking the first, the revocation of the second will does not revive the first
will, which can be revived only by another will or codicil. (739a)
SUBSECTION 8. - Allowance and Disallowance of Wills
Art. 838. No will shall pass either real or personal property unless it is proved and allowed in accordance with the Rules of Court.
The testator himself may, during his lifetime, petition the court having jurisdiction for the allowance of his will. In such case, the pertinent provisions
of the Rules of Court for the allowance of wills after the testator's a death shall govern.
The Supreme Court shall formulate such additional Rules of Court as may be necessary for the allowance of wills on petition of the testator.
Subject to the right of appeal, the allowance of the will, either during the lifetime of the testator or after his death, shall be conclusive as to its due
execution. (n)
Art. 839. The will shall be disallowed in any of the following cases:
(1) If the formalities required by law have not been complied with;
(2) If the testator was insane, or otherwise mentally incapable of making a will, at the time of its execution;
(3) If it was executed through force or under duress, or the influence of fear, or threats;
(4) If it was procured by undue and improper pressure and influence, on the part of the beneficiary or of some other person;
(5) If the signature of the testator was procured by fraud;
(6) If the testator acted by mistake or did not intend that the instrument he signed should be his will at the time of affixing his signature thereto. (n)
SECTION 2. - Institution of Heir
Art. 840. Institution of heir is an act by virtue of which a testator designates in his will the person or persons who are to succeed him in his property
and transmissible rights and obligations. (n)
Art. 841. A will shall be valid even though it should not contain an institution of an heir, or such institution should not comprise the entire estate, and
even though the person so instituted should not accept the inheritance or should be incapacitated to succeed.
In such cases the testamentary dispositions made in accordance with law shall be complied with and the remainder of the estate shall pass to the
legal heirs. (764)
Art. 842. One who has no compulsory heirs may dispose by will of all his estate or any part of it in favor of any person having capacity to succeed.
One who has compulsory heirs may dispose of his estate provided he does not contravene the provisions of this Code with regard to the legitime of
said heirs. (763a)
Art. 843. The testator shall designate the heir by his name and surname, and when there are two persons having the same names, he shall indicate
some circumstance by which the instituted heir may be known.
Even though the testator may have omitted the name of the heir, should he designate him in such manner that there can be no doubt as to who has
been instituted, the institution shall be valid. (772)
Art. 844. An error in the name, surname, or circumstances of the heir shall not vitiate the institution when it is possible, in any other manner, to
know with certainty the person instituted.
If among persons having the same names and surnames, there is a similarity of circumstances in such a way that, even with the use of the other
proof, the person instituted cannot be identified, none of them shall be an heir. (773a)
Art. 845. Every disposition in favor of an unknown person shall be void, unless by some event or circumstance his identity becomes certain.
However, a disposition in favor of a definite class or group of persons shall be valid. (750a)
Art. 846. Heirs instituted without designation of shares shall inherit in equal parts. (765)
Art. 847. When the testator institutes some heirs individually and others collectively as when he says, "I designate as my heirs A and B, and the
children of C," those collectively designated shall be considered as individually instituted, unless it clearly appears that the intention of the testator
was otherwise. (769a)
Art. 848. If the testator should institute his brothers and sisters, and he has some of full blood and others of half blood, the inheritance shall be
distributed equally unless a different intention appears. (770a)
Art. 849. When the testator calls to the succession a person and his children they are all deemed to have been instituted simultaneously and not
successively. (771)
Art. 850. The statement of a false cause for the institution of an heir shall be considered as not written, unless it appears from the will that the
testator would not have made such institution if he had known the falsity of such cause. (767a)
Art. 851. If the testator has instituted only one heir, and the institution is limited to an aliquot part of the inheritance, legal succession takes place
with respect to the remainder of the estate.
The same rule applies if the testator has instituted several heirs, each being limited to an aliquot part, and all the parts do not cover the whole
inheritance. (n)
Art. 852. If it was the intention of the testator that the instituted heirs should become sole heirs to the whole estate, or the whole free portion, as the
case may be, and each of them has been instituted to an aliquot part of the inheritance and their aliquot parts together do not cover the whole
inheritance, or the whole free portion, each part shall be increased proportionally. (n)
Art. 853. If each of the instituted heirs has been given an aliquot part of the inheritance, and the parts together exceed the whole inheritance, or the
whole free portion, as the case may be, each part shall be reduced proportionally. (n)
Art. 854. The preterition or omission of one, some, or all of the compulsory heirs in the direct line, whether living at the time of the execution of the
will or born after the death of the testator, shall annul the institution of heir; but the devises and legacies shall be valid insofar as they are not
inofficious.
If the omitted compulsory heirs should die before the testator, the institution shall be effectual, without prejudice to the right of representation.
(814a)
Art. 855. The share of a child or descendant omitted in a will must first be taken from the part of the estate not disposed of by the will, if any; if that
is not sufficient, so much as may be necessary must be taken proportionally from the shares of the other compulsory heirs. (1080a)
Art. 856. A voluntary heir who dies before the testator transmits nothing to his heirs.
A compulsory heir who dies before the testator, a person incapacitated to succeed, and one who renounces the inheritance, shall transmit no right
to his own heirs except in cases expressly provided for in this Code. (766a)
SECTION 3. - Substitution of Heirs
Art. 857. Substitution is the appointment of another heir so that he may enter into the inheritance in default of the heir originally instituted. (n)
Art. 858. Substitution of heirs may be:
(1) Simple or common;
(2) Brief or compendious;
(3) Reciprocal; or
(4) Fideicommissary. (n)
Art. 859. The testator may designate one or more persons to substitute the heir or heirs instituted in case such heir or heirs should die before him,
or should not wish, or should be incapacitated to accept the inheritance.
A simple substitution, without a statement of the cases to which it refers, shall comprise the three mentioned in the preceding paragraph, unless the
testator has otherwise provided. (774)
Art. 860. Two or more persons may be substituted for one; and one person for two or more heirs. (778)
Art. 861. 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 there are more than one substitute, they
shall have the same share in the substitution as in the institution. (779a)
Art. 862. The substitute shall be subject to the same charges and conditions imposed upon the instituted heir, unless and testator has expressly
provided the contrary, or the charges or conditions are personally applicable only to the heir instituted. (780)
Art. 863. A fideicommissary substitution by virtue of which the fiduciary or first heir instituted is entrusted with the obligation to preserve and to
transmit to a second heir the whole or part of the inheritance, shall be valid and shall take effect, provided such substitution does not go beyond
one degree from the heir originally instituted, and provided further, that the fiduciary or first heir and the second heir are living at the time of the
death of the testator. (781a)
Art. 864. A fideicommissary substitution can never burden the legitime. (782a)
Art. 865. Every fideicommissary substitution must be expressly made in order that it may be valid.
The fiduciary shall be obliged to deliver the inheritance to the second heir, without other deductions than those which arise from legitimate
expenses, credits and improvements, save in the case where the testator has provided otherwise. (783)
Art. 866. The second heir shall acquire a right to the succession from the time of the testator's death, even though he should die before the
fiduciary. The right of the second heir shall pass to his heirs. (784)
Art. 867. The following shall not take effect:
(1) Fideicommissary substitutions which are not made in an express manner, either by giving them this name, or imposing upon the fiduciary the
absolute obligation to deliver the property to a second heir;
(2) Provisions which contain a perpetual prohibition to alienate, and even a temporary one, beyond the limit fixed in article 863;
(3) Those which impose upon the heir the charge of paying to various persons successively, beyond the limit prescribed in article 863, a certain
income or pension;
(4) Those which leave to a person the whole part of the hereditary property in order that he may apply or invest the same according to secret
instructions communicated to him by the testator. (785a)
Art. 868. The nullity of the fideicommissary substitution does not prejudice the validity of the institution of the heirs first designated; the
fideicommissary clause shall simply be considered as not written. (786)
Art. 869. A provision whereby the testator leaves to a person the whole or part of the inheritance, and to another the usufruct, shall be valid. If he
gives the usufruct to various persons, not simultaneously, but successively, the provisions of Article 863 shall apply. (787a)
Art. 870. The dispositions of the testator declaring all or part of the estate inalienable for more than twenty years are void. (n)
SECTION 4. - Conditional Testamentary Dispositions and Testamentary Dispositions With a Term
Art. 871. The institution of an heir may be made conditionally, or for a certain purpose or cause. (790a)
Art. 872. The testator cannot impose any charge, condition, or substitution whatsoever upon the legitimes prescribed in this Code. Should he do so,
the same shall be considered as not imposed. (813a)
Art. 873. Impossible conditions and those contrary to law or good customs shall be considered as not imposed and shall in no manner prejudice the
heir, even if the testator should otherwise provide. (792a)
Art. 874. An absolute condition not to contract a first or subsequent marriage shall be considered as not written unless such condition has been
imposed on the widow or widower by the deceased spouse, or by the latter's ascendants or descendants.
Nevertheless, the right of usufruct, or an allowance or some personal prestation may be devised or bequeathed to any person for the time during
which he or she should remain unmarried or in widowhood. (793a)
Art. 875. Any disposition made upon the condition that the heir shall make some provision in his will in favor of the testator or of any other person
shall be void. (794a)
Art. 876. Any purely potestative condition imposed upon an heir must be fulfilled by him as soon as he learns of the testator's death.
This rule shall not apply when the condition, already complied with, cannot be fulfilled again. (795a)
Art. 877. If the condition is casual or mixed, it shall be sufficient if it happens or be fulfilled at any time before or after the death of the testator,
unless he has provided otherwise.
Should it have existed or should it have been fulfilled at the time the will was executed and the testator was unaware thereof, it shall be deemed as
complied with.
If he had knowledge thereof, the condition shall be considered fulfilled only when it is of such a nature that it can no longer exist or be complied with
again. (796)
Art. 878. A disposition with a suspensive term does not prevent the instituted heir from acquiring his rights and transmitting them to his heirs even
before the arrival of the term. (799a)
Art. 879. If the potestative condition imposed upon the heir is negative, or consists in not doing or not giving something, he shall comply by giving a
security that he will not do or give that which has been prohibited by the testator, and that in case of contravention he will return whatever he may
have received, together with its fruits and interests. (800a)
Art. 880. If the heir be instituted under a suspensive condition or term, the estate shall be placed under administration until the condition is fulfilled,
or until it becomes certain that it cannot be fulfilled, or until the arrival of the term.
The same shall be done if the heir does not give the security required in the preceding article. (801a)
Art. 881. The appointment of the administrator of the estate mentioned in the preceding article, as well as the manner of the administration and the
rights and obligations of the administrator shall be governed by the Rules of Court. (804a)
Art. 882. The statement of the object of the institution, or the application of the property left by the testator, or the charge imposed by him, shall not
be considered as a condition unless it appears that such was his intention.
That which has been left in this manner may be claimed at once provided that the instituted heir or his heirs give security for compliance with the
wishes of the testator and for the return of anything he or they may receive, together with its fruits and interests, if he or they should disregard this
obligation. (797a)
Art. 883. When without the fault of the heir, an institution referred to in the preceding article cannot take effect in the exact manner stated by the
testator, it shall be complied with in a manner most analogous to and in conformity with his wishes.
If the person interested in the condition should prevent its fulfillment, without the fault of the heir, the condition shall be deemed to have been
complied with. (798a)
Art. 884. Conditions imposed by the testator upon the heirs shall be governed by the rules established for conditional obligations in all matters not
provided for by this Section. (791a)
Art. 885. The designation of the day or time when the effects of the institution of an heir shall commence or cease shall be valid.
In both cases, the legal heir shall be considered as called to the succession until the arrival of the period or its expiration. 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. (805)
SECTION 5. - Legitime
Art. 886. Legitime is that part of the testator's property which he cannot dispose of because the law has reserved it for certain heirs who are,
therefore, called compulsory heirs. (806)
Art. 887. The following are compulsory heirs:
(1) Legitimate children and descendants, with respect to their legitimate parents and ascendants;
(2) In default of the foregoing, legitimate parents and ascendants, with respect to their legitimate children and descendants;
(3) The widow or widower;
(4) Acknowledged natural children, and natural children by legal fiction;
(5) Other illegitimate children referred to in Article 287.
Compulsory heirs mentioned in Nos. 3, 4, and 5 are not excluded by those in Nos. 1 and 2; neither do they exclude one another.
In all cases of illegitimate children, their filiation must be duly proved.
The father or mother of illegitimate children of the three classes mentioned, shall inherit from them in the manner and to the extent established by
this Code. (807a)
Art. 888. The legitime of legitimate children and descendants consists of one-half of the hereditary estate of the father and of the mother.
The latter may freely dispose of the remaining half, subject to the rights of illegitimate children and of the surviving spouse as hereinafter provided.
(808a)
Art. 889. The legitime of legitimate parents or ascendants consists of one-half of the hereditary estates of their children and descendants.
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. (809a)
Art. 890. The legitime reserved for the legitimate parents shall be divided between them equally; if one of the parents should have died, the whole
shall pass to the survivor.
If the testator leaves neither father nor mother, but is survived by ascendants of equal degree of the paternal and maternal lines, the legitime shall
be divided equally between both lines. If the ascendants should be of different degrees, it shall pertain entirely to the ones nearest in degree of
either line. (810)
Art. 891. The ascendant who inherits from his descendant any property which the latter may have acquired by gratuitous title from another
ascendant, or a brother or sister, is obliged to reserve such property as he may have acquired by operation of law for the benefit of relatives who
are within the third degree and who belong to the line from which said property came. (871)
Art. 892. If only one legitimate child or descendant of the deceased survives, the widow or widower shall be entitled to one-fourth of the hereditary
estate. In case of a legal separation, the surviving spouse may inherit if it was the deceased who had given cause for the same.
If there are two or more legitimate children or descendants, the surviving spouse shall be entitled to a portion equal to the legitime of each of the
legitimate children or descendants.
In both cases, the legitime of the surviving spouse shall be taken from the portion that can be freely disposed of by the testator. (834a)
Art. 893. If the testator leaves no legitimate descendants, but leaves legitimate ascendants, the surviving spouse shall have a right to one-fourth of
the hereditary estate.
This fourth shall be taken from the free portion of the estate. (836a)
Art. 894. If the testator leaves illegitimate children, the surviving spouse shall be entitled to one-third of the hereditary estate of the deceased and
the illegitimate children to another third. The remaining third shall be at the free disposal of the testator. (n)
Art. 895. The legitime of each of the acknowledged natural children and each of the natural children by legal fiction shall consist of one-half of the
legitime of each of the legitimate children or descendants.
The legitime of an illegitimate child who is neither an acknowledged natural, nor a natural child by legal fiction, shall be equal in every case to four-
fifths of the legitime of an acknowledged natural child.
The legitime of the illegitimate children shall be taken from the portion of the estate at the free disposal of the testator, provided that in no case shall
the total legitime of such illegitimate children exceed that free portion, and that the legitime of the surviving spouse must first be fully satisfied.
(840a)
Art. 896. Illegitimate children who may survive with legitimate parents or ascendants of the deceased shall be entitled to one-fourth of the hereditary
estate to be taken from the portion at the free disposal of the testator. (841a)
Art. 897. When the widow or widower survives with legitimate children or descendants, and acknowledged natural children, or natural children by
legal fiction, such surviving spouse shall be entitled to a portion equal to the legitime of each of the legitimate children which must be taken from
that part of the estate which the testator can freely dispose of. (n)
Art. 898. If the widow or widower survives with legitimate children or descendants, and with illegitimate children other than acknowledged natural, or
natural children by legal fiction, the share of the surviving spouse shall be the same as that provided in the preceding article. (n)
Art. 899. When the widow or widower survives with legitimate parents or ascendants and with illegitimate children, such surviving spouse shall be
entitled to one-eighth of the hereditary estate of the deceased which must be taken from the free portion, and the illegitimate children shall be
entitled to one-fourth of the estate which shall be taken also from the disposable portion. The testator may freely dispose of the remaining one-
eighth of the estate. (n)
Art. 900. If the only survivor is the widow or widower, she or he shall be entitled to one-half of the hereditary estate of the deceased spouse, and
the testator may freely dispose of the other half. (837a)
If the marriage between the surviving spouse and the testator was solemnized in articulo mortis, and the testator died within three months from the
time of the marriage, the legitime of the surviving spouse as the sole heir shall be one-third of the hereditary estate, except when they have been
living as husband and wife for more than five years. In the latter case, the legitime of the surviving spouse shall be that specified in the preceding
paragraph. (n)
Art. 901. When the testator dies leaving illegitimate children and no other compulsory heirs, such illegitimate children shall have a right to one-half
of the hereditary estate of the deceased.
The other half shall be at the free disposal of the testator. (842a)
Art. 902. The rights of illegitimate children set forth in the preceding articles are transmitted upon their death to their descendants, whether
legitimate or illegitimate. (843a)
Art. 903. The legitime of the parents who have an illegitimate child, when such child leaves neither legitimate descendants, nor a surviving spouse,
nor illegitimate children, is one-half of the hereditary estate of such illegitimate child. If only legitimate or illegitimate children are left, the parents are
not entitled to any legitime whatsoever. If only the widow or widower survives with parents of the illegitimate child, the legitime of the parents is one-
fourth of the hereditary estate of the child, and that of the surviving spouse also one-fourth of the estate. (n)
Art. 904. The testator cannot deprive his compulsory heirs of their legitime, except in cases expressly specified by law.
Neither can he impose upon the same any burden, encumbrance, condition, or substitution of any kind whatsoever. (813a)
Art. 905. Every renunciation or compromise as regards a future legitime between the person owing it and his compulsory heirs is void, and the latter
may claim the same upon the death of the former; but they must bring to collation whatever they may have received by virtue of the renunciation or
compromise. (816)
Art. 906. 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. (815)
Art. 907. Testamentary dispositions that impair or diminish the legitime of the compulsory heirs shall be reduced on petition of the same, insofar as
they may be inofficious or excessive. (817)
Art. 908. To determine the legitime, the value of the property left at the death of the testator shall be considered, deducting all debts and charges,
which shall not include those imposed in the will.
To the net value of the hereditary estate, shall be added the value of all donations by the testator that are subject to collation, at the time he made
them. (818a)
Art. 909. Donations given to children shall be charged to their legitime.
Donations made to strangers shall be charged to that part of the estate of which the testator could have disposed by his last will.
Insofar as they may be inofficious or may exceed the disposable portion, they shall be reduced according to the rules established by this Code.
(819a)
Art. 910. Donations which an illegitimate child may have received during the lifetime of his father or mother, shall be charged to his legitime.
Should they exceed the portion that can be freely disposed of, they shall be reduced in the manner prescribed by this Code. (847a)
Art. 911. After the legitime has been determined in accordance with the three preceding articles, the reduction shall be made as follows:
(1) Donations shall be respected as long as the legitime can be covered, reducing or annulling, if necessary, the devises or legacies made in the
will;
(2) The reduction of the devises or legacies shall be pro rata, without any distinction whatever.
If the testator has directed that a certain devise or legacy be paid in preference to others, it shall not suffer any reduction until the latter have been
applied in full to the payment of the legitime.
(3) If the devise or legacy consists of a usufruct or life annuity, whose value may be considered greater than that of the disposable portion, the
compulsory heirs may choose between complying with the testamentary provision and delivering to the devisee or legatee the part of the
inheritance of which the testator could freely dispose. (820a)
Art. 912. If the devise subject to reduction should consist of real property, which cannot be conveniently divided, it shall go to the devisee if the
reduction does not absorb one-half of its value; and in a contrary case, to the compulsory heirs; but the former and the latter shall reimburse each
other in cash for what respectively belongs to them.
The devisee who is entitled to a legitime may retain the entire property, provided its value does not exceed that of the disposable portion and of the
share pertaining to him as legitime. (821)
Art. 913. If the heirs or devisees do not choose to avail themselves of the right granted by the preceding article, any heir or devisee who did not
have such right may exercise it; should the latter not make use of it, the property shall be sold at public auction at the instance of any one of the
interested parties. (822)
Art. 914. The testator may devise and bequeath the free portion as he may deem fit. (n)
SECTION 6. - Disinheritance
Art. 915. A compulsory heir may, in consequence of disinheritance, be deprived of his legitime, for causes expressly stated by law. (848a)
Art. 916. Disinheritance can be effected only through a will wherein the legal cause therefor shall be specified. (849)
Art. 917. The burden of proving the truth of the cause for disinheritance shall rest upon the other heirs of the testator, if the disinherited heir should
deny it. (850)
Art. 918. Disinheritance without a specification of the cause, or for a cause the truth of which, if contradicted, is not proved, or which is not one of
those set forth in this Code, shall annul the institution of heirs insofar as it may prejudice the person disinherited; but the devises and legacies and
other testamentary dispositions shall be valid to such extent as will not impair the legitime. (851a)
Art. 919. The following shall be sufficient causes for the disinheritance of children and descendants, legitimate as well as illegitimate:
(1) When a child or descendant has been found guilty of an attempt against the life of the testator, his or her spouse, descendants, or ascendants;
(2) When a child or descendant has accused the testator of a crime for which the law prescribes imprisonment for six years or more, if the
accusation has been found groundless;
(3) When a child or descendant has been convicted of adultery or concubinage with the spouse of the testator;
(4) When a child or descendant by fraud, violence, intimidation, or undue influence causes the testator to make a will or to change one already
made;
(5) A refusal without justifiable cause to support the parent or ascendant who disinherits such child or descendant;
(6) Maltreatment of the testator by word or deed, by the child or descendant;
(7) When a child or descendant leads a dishonorable or disgraceful life;
(8) Conviction of a crime which carries with it the penalty of civil interdiction. (756, 853, 674a)
Art. 920. The following shall be sufficient causes for the disinheritance of parents or ascendants, whether legitimate or illegitimate:
(1) When the parents have abandoned their children or induced their daughters to live a corrupt or immoral life, or attempted against their virtue;
(2) When the parent or ascendant has been convicted of an attempt against the life of the testator, his or her spouse, descendants, or ascendants;
(3) When the parent or ascendant has accused the testator of a crime for which the law prescribes imprisonment for six years or more, if the
accusation has been found to be false;
(4) When the parent or ascendant has been convicted of adultery or concubinage with the spouse of the testator;
(5) When the parent or ascendant by fraud, violence, intimidation, or undue influence causes the testator to make a will or to change one already
made;
(6) The loss of parental authority for causes specified in this Code;
(7) The refusal to support the children or descendants without justifiable cause;
(8) An attempt by one of the parents against the life of the other, unless there has been a reconciliation between them. (756, 854, 674a)
Art. 921. The following shall be sufficient causes for disinheriting a spouse:
(1) When the spouse has been convicted of an attempt against the life of the testator, his or her descendants, or ascendants;
(2) When the spouse has accused the testator of a crime for which the law prescribes imprisonment of six years or more, and the accusation has
been found to be false;
(3) When the spouse by fraud, violence, intimidation, or undue influence cause the testator to make a will or to change one already made;
(4) When the spouse has given cause for legal separation;
(5) When the spouse has given grounds for the loss of parental authority;
(6) Unjustifiable refusal to support the children or the other spouse. (756, 855, 674a)
Art. 922. A subsequent reconciliation between the offender and the offended person deprives the latter of the right to disinherit, and renders
ineffectual any disinheritance that may have been made. (856)
Art. 923. The children and descendants of the person disinherited shall take his or her place and shall preserve the rights of compulsory heirs with
respect to the legitime; but the disinherited parent shall not have the usufruct or administration of the property which constitutes the legitime. (857)
SECTION 7. - Legacies and Devises
Art. 924. All things and rights which are within the commerce of man be bequeathed or devised. (865a)
Art. 925. A testator may charge with legacies and devises not only his compulsory heirs but also the legatees and devisees.
The latter shall be liable for the charge only to the extent of the value of the legacy or the devise received by them. The compulsory heirs shall not
be liable for the charge beyond the amount of the free portion given them. (858a)
Art. 926. When the testator charges one of the heirs with a legacy or devise, he alone shall be bound.
Should he not charge anyone in particular, all shall be liable in the same proportion in which they may inherit. (859)
Art. 927. If two or more heirs take possession of the estate, they shall be solidarily liable for the loss or destruction of a thing devised or
bequeathed, even though only one of them should have been negligent. (n)
Art. 928. The heir who is bound to deliver the legacy or devise shall be liable in case of eviction, if the thing is indeterminate and is indicated only by
its kind. (860)
Art. 929. If the testator, heir, or legatee owns only a part of, or an interest in the thing bequeathed, the legacy or devise shall be understood limited
to such part or interest, unless the testator expressly declares that he gives the thing in its entirety. (864a)
Art. 930. The legacy or devise of a thing belonging to another person is void, if the testator erroneously believed that the thing pertained to him. But
if the thing bequeathed, though not belonging to the testator when he made the will, afterwards becomes his, by whatever title, the disposition shall
take effect. (862a)
Art. 931. If the testator orders that a thing belonging to another be acquired in order that it be given to a legatee or devisee, the heir upon whom the
obligation is imposed or the estate must acquire it and give the same to the legatee or devisee; but if the owner of the thing refuses to alienate the
same, or demands an excessive price therefor, the heir or the estate shall only be obliged to give the just value of the thing. (861a)
Art. 932. The legacy or devise of a thing which at the time of the execution of the will already belonged to the legatee or devisee shall be ineffective,
even though another person may have some interest therein.
If the testator expressly orders that the thing be freed from such interest or encumbrance, the legacy or devise shall be valid to that extent. (866a)
Art. 933. If the thing bequeathed belonged to the legatee or devisee at the time of the execution of the will, the legacy or devise shall be without
effect, even though it may have subsequently alienated by him.
If the legatee or devisee acquires it gratuitously after such time, he can claim nothing by virtue of the legacy or devise; but if it has been acquired by
onerous title he can demand reimbursement from the heir or the estate. (878a)
Art. 934. If the testator should bequeath or devise something pledged or mortgaged to secure a recoverable debt before the execution of the will,
the estate is obliged to pay the debt, unless the contrary intention appears.
The same rule applies when the thing is pledged or mortgaged after the execution of the will.
Any other charge, perpetual or temporary, with which the thing bequeathed is burdened, passes with it to the legatee or devisee. (867a)
Art. 935. The legacy of a credit against a third person or of the remission or release of a debt of the legatee shall be effective only as regards that
part of the credit or debt existing at the time of the death of the testator.
In the first case, the estate shall comply with the legacy by assigning to the legatee all rights of action it may have against the debtor. In the second
case, by giving the legatee an acquittance, should he request one.
In both cases, the legacy shall comprise all interests on the credit or debt which may be due the testator at the time of his death. (870a)
Art. 936. The legacy referred to in the preceding article shall lapse if the testator, after having made it, should bring an action against the debtor for
the payment of his debt, even if such payment should not have been effected at the time of his death.
The legacy to the debtor of the thing pledged by him is understood to discharge only the right of pledge. (871)
Art. 937. A generic legacy of release or remission of debts comprises those existing at the time of the execution of the will, but not subsequent
ones. (872)
Art. 938. A legacy or devise made to a creditor shall not be applied to his credit, unless the testator so expressly declares.
In the latter case, the creditor shall have the right to collect the excess, if any, of the credit or of the legacy or devise. (837a)
Art. 939. If the testator orders the payment of what he believes he owes but does not in fact owe, the disposition shall be considered as not written.
If as regards a specified debt more than the amount thereof is ordered paid, the excess is not due, unless a contrary intention appears.
The foregoing provisions are without prejudice to the fulfillment of natural obligations. (n)
Art. 940. In alternative legacies or devises, the choice is presumed to be left to the heir upon whom the obligation to give the legacy or devise may
be imposed, or the executor or administrator of the estate if no particular heir is so obliged.
If the heir, legatee or devisee, who may have been given the choice, dies before making it, this right shall pass to the respective heirs.
Once made, the choice is irrevocable.
In the alternative legacies or devises, except as herein provided, the provisions of this Code regulating obligations of the same kind shall be
observed, save such modifications as may appear from the intention expressed by the testator. (874a)
Art. 941. A legacy of generic personal property shall be valid even if there be no things of the same kind in the estate.
A devise of indeterminate real property shall be valid only if there be immovable property of its kind in the estate.
The right of choice shall belong to the executor or administrator who shall comply with the legacy by the delivery of a thing which is neither of
inferior nor of superior quality. (875a)
Art. 942. Whenever the testator expressly leaves the right of choice to the heir, or to the legatee or devisee, the former may give or the latter may
choose whichever he may prefer. (876a)
Art. 943. If the heir, legatee or devisee cannot make the choice, in case it has been granted him, his right shall pass to his heirs; but a choice once
made shall be irrevocable. (877a)
Art. 944. A legacy for education lasts until the legatee is of age, or beyond the age of majority in order that the legatee may finish some
professional, vocational or general course, provided he pursues his course diligently.
A legacy for support lasts during the lifetime of the legatee, if the testator has not otherwise provided.
If the testator has not fixed the amount of such legacies, it shall be fixed in accordance with the social standing and the circumstances of the
legatee and the value of the estate.
If the testator or during his lifetime used to give the legatee a certain sum of money or other things by way of support, the same amount shall be
deemed bequeathed, unless it be markedly disproportionate to the value of the estate. (879a)
Art. 945. If a periodical pension, or a certain annual, monthly, or weekly amount is bequeathed, the legatee may petition the court for the first
installment upon the death of the testator, and for the following ones which shall be due at the beginning of each period; such payment shall not be
returned, even though the legatee should die before the expiration of the period which has commenced. (880a)
Art. 946. If the thing bequeathed should be subject to a usufruct, the legatee or devisee shall respect such right until it is legally extinguished.
(868a)
Art. 947. The legatee or devisee acquires a right to the pure and simple legacies or devises from the death of the testator, and transmits it to his
heirs. (881a)
Art. 948. If the legacy or device is of a specific and determinate thing pertaining to the testator, the legatee or devisee acquires the ownership
thereof upon the death of the testator, as well as any growing fruits, or unborn offspring of animals, or uncollected income; but not the income which
was due and unpaid before the latter's death.
From the moment of the testator's death, the thing bequeathed shall be at the risk of the legatee or devisee, who shall, therefore, bear its loss or
deterioration, and shall be benefited by its increase or improvement, without prejudice to the responsibility of the executor or administrator. (882a)
Art. 949. If the bequest should not be of a specific and determinate thing, but is generic or of quantity, its fruits and interests from the time of the
death of the testator shall pertain to the legatee or devisee if the testator has expressly so ordered. (884a)
Art. 950. If the estate should not be sufficient to cover all the legacies or devises, their payment shall be made in the following order:
(1) Remuneratory legacies or devises;
(2) Legacies or devises declared by the testator to be preferential;
(3) Legacies for support;
(4) Legacies for education;
(5) Legacies or devises of a specific, determinate thing which forms a part of the estate;
(6) All others pro rata. (887a)
Art. 951. The thing bequeathed shall be delivered with all its accessories and accessories and in the condition in which it may be upon the death of
the testator. (883a)
Art. 952. The heir, charged with a legacy or devise, or the executor or administrator of the estate, must deliver the very thing bequeathed if he is
able to do so and cannot discharge this obligation by paying its value.
Legacies of money must be paid in cash, even though the heir or the estate may not have any.
The expenses necessary for the delivery of the thing bequeathed shall be for the account of the heir or the estate, but without prejudice to the
legitime. (886a)
Art. 953. The legatee or devisee cannot take possession of the thing bequeathed upon his own authority, but shall request its delivery and
possession of the heir charged with the legacy or devise, or of the executor or administrator of the estate should he be authorized by the court to
deliver it. (885a)
Art. 954. The legatee or devisee cannot accept a part of the legacy or devise and repudiate the other, if the latter be onerous.
Should he die before having accepted the legacy or devise, leaving several heirs, some of the latter may accept and the others may repudiate the
share respectively belonging to them in the legacy or devise. (889a)
Art. 955. The legatee or devisee of two legacies or devises, one of which is onerous, cannot renounce the onerous one and accept the other. If
both are onerous or gratuitous, he shall be free to accept or renounce both, or to renounce either. But if the testator intended that the two legacies
or devises should be inseparable from each other, the legatee or devisee must either accept or renounce both.
Any compulsory heir who is at the same time a legatee or devisee may waive the inheritance and accept the legacy or devise, or renounce the
latter and accept the former, or waive or accept both. (890a)
Art. 956. If the legatee or devisee cannot or is unwilling to accept the legacy or devise, or if the legacy or devise for any reason should become
ineffective, it shall be merged into the mass of the estate, except in cases of substitution and of the right of accretion. (888a)
Art. 957. The legacy or devise shall be without effect:
(1) If the testator transforms the thing bequeathed in such a manner that it does not retain either the form or the denomination it had;
(2) If the testator by any title or for any cause alienates the thing bequeathed or any part thereof, it being understood that in the latter case the
legacy or devise shall be without effect only with respect to the part thus alienated. If after the alienation the thing should again belong to the
testator, even if it be by reason of nullity of the contract, the legacy or devise shall not thereafter be valid, unless the reacquisition shall have been
effected by virtue of the exercise of the right of repurchase;
(3) If the thing bequeathed is totally lost during the lifetime of the testator, or after his death without the heir's fault. Nevertheless, the person obliged
to pay the legacy or devise shall be liable for eviction if the thing bequeathed should not have been determinate as to its kind, in accordance with
the provisions of Article 928. (869a)
Art. 958. A mistake as to the name of the thing bequeathed or devised, is of no consequence, if it is possible to identify the thing which the testator
intended to bequeath or devise. (n)
Art. 959. A disposition made in general terms in favor of the testator's relatives shall be understood to be in favor of those nearest in degree. (751)
CHAPTER 3
LEGAL OR INTESTATE SUCCESSION
Art. 960. Legal or intestate succession takes place:
(1) If a person dies without a will, or with a void will, or one which has subsequently lost its validity;
(2) When the will does not institute an heir to, or dispose of all the property belonging to the testator. In such case, legal succession shall take place
only with respect to the property of which the testator has not disposed;
(3) If the suspensive condition attached to the institution of heir does not happen or is not fulfilled, or if the heir dies before the testator, or
repudiates the inheritance, there being no substitution, and no right of accretion takes place;
(4) When the heir instituted is incapable of succeeding, except in cases provided in this Code. (912a)
Art. 961. In default of testamentary heirs, the law vests the inheritance, in accordance with the rules hereinafter set forth, in the legitimate and
illegitimate relatives of the deceased, in the surviving spouse, and in the State. (913a)
Art. 962. In every inheritance, the relative nearest in degree excludes the more distant ones, saving the right of representation when it properly
takes place.
Relatives in the same degree shall inherit in equal shares, subject to the provisions of article 1006 with respect to relatives of the full and half blood,
and of Article 987, paragraph 2, concerning division between the paternal and maternal lines. (912a)
SUBSECTION 1. - Relationship
Art. 963. Proximity of relationship is determined by the number of generations. Each generation forms a degree. (915)
Art. 964. A series of degrees forms a line, which may be either direct or collateral.
A direct line is that constituted by the series of degrees among ascendants and descendants.
A collateral line is that constituted by the series of degrees among persons who are not ascendants and descendants, but who come from a
common ancestor. (916a)
Art. 965. The direct line is either descending or ascending.

The former unites the head of the family with those who descend from him.
The latter binds a person with those from whom he descends. (917)
Art. 966. In the line, as many degrees are counted as there are generations or persons, excluding the progenitor.
In the direct line, ascent is made to the common ancestor. Thus, the child is one degree removed from the parent, two from the grandfather, and
three from the great-grandparent.
In the collateral line, ascent is made to the common ancestor and then descent is made to the person with whom the computation is to be made.
Thus, a person is two degrees removed from his brother, three from his uncle, who is the brother of his father, four from his first cousin, and so
forth. (918a)
Art. 967. Full blood relationship is that existing between persons who have the same father and the same mother.
Half blood relationship is that existing between persons who have the same father, but not the same mother, or the same mother, but not the same
father. (920a)
Art. 968. If there are several relatives of the same degree, and one or some of them are unwilling or incapacitated to succeed, his portion shall
accrue to the others of the same degree, save the right of representation when it should take place. (922)
Art. 969. If the inheritance should be repudiated by the nearest relative, should there be one only, or by all the nearest relatives called by law to
succeed, should there be several, those of the following degree shall inherit in their own right and cannot represent the person or persons
repudiating the inheritance. (923)
SUBSECTION 2. - Right of Representation
Art. 970. Representation is a right created by fiction of law, by virtue of which the representative is raised to the place and the degree of the person
represented, and acquires the rights which the latter would have if he were living or if he could have inherited. (942a)
Art. 971. The representative is called to the succession by the law and not by the person represented. The representative does not succeed the
person represented but the one whom the person represented would have succeeded. (n)
Art. 972. The right of representation takes place in the direct descending line, but never in the ascending.
In the collateral line, it takes place only in favor of the children of brothers or sisters, whether they be of the full or half blood. (925)
Art. 973. In order that representation may take place, it is necessary that the representative himself be capable of succeeding the decedent. (n)
Art. 974. Whenever there is succession by representation, the division of the estate shall be made per stirpes, in such manner that the
representative or representatives shall not inherit more than what the person they represent would inherit, if he were living or could inherit. (926a)
Art. 975. When children of one or more brothers or sisters of the deceased survive, they shall inherit from the latter by representation, if they
survive with their uncles or aunts. But if they alone survive, they shall inherit in equal portions. (927)
Art. 976. A person may represent him whose inheritance he has renounced. (928a)
Art. 977. Heirs who repudiate their share may not be represented. (929a)
SECTION 2. - Order of Intestate Succession
SUBSECTION 1. - Descending Direct Line
Art. 978. Succession pertains, in the first place, to the descending direct line. (930)
Art. 979. Legitimate children and their descendants succeed the parents and other ascendants, without distinction as to sex or age, and even if they
should come from different marriages.
An adopted child succeeds to the property of the adopting parents in the same manner as a legitimate child. (931a)
Art. 980. The children of the deceased shall always inherit from him in their own right, dividing the inheritance in equal shares. (932)
Art. 981. 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. (934a)
Art. 982. The grandchildren and other descendants shall inherit by right of representation, and if any one of them should have died, leaving several
heirs, the portion pertaining to him shall be divided among the latter in equal portions. (933)
Art. 983. If illegitimate children survive with legitimate children, the shares of the former shall be in the proportions prescribed by Article 895. (n)
Art. 984. In case of the death of an adopted child, leaving no children or descendants, his parents and relatives by consanguinity and not by
adoption, shall be his legal heirs. (n)
SUBSECTION 2. - Ascending Direct Line
Art. 985. In default of legitimate children and descendants of the deceased, his parents and ascendants shall inherit from him, to the exclusion of
collateral relatives. (935a)
Art. 986. The father and mother, if living, shall inherit in equal shares.
Should one only of them survive, he or she shall succeed to the entire estate of the child. (936)
Art. 987. In default of the father and mother, the ascendants nearest in degree shall inherit.
Should there be more than one of equal degree belonging to the same line they shall divide the inheritance per capita; should they be of different
lines but of equal degree, one-half shall go to the paternal and the other half to the maternal ascendants. In each line the division shall be made per
capita. (937)
SUBSECTION 3. - Illegitimate Children
Art. 988. In the absence of legitimate descendants or ascendants, the illegitimate children shall succeed to the entire estate of the deceased.
(939a)
Art. 989. If, together with illegitimate children, there should survive descendants of another illegitimate child who is dead, the former shall succeed
in their own right and the latter by right of representation. (940a)
Art. 990. The hereditary rights granted by the two preceding articles to illegitimate children shall be transmitted upon their death to their
descendants, who shall inherit by right of representation from their deceased grandparent. (941a)
Art. 991. If legitimate ascendants are left, the illegitimate children shall divide the inheritance with them, taking one-half of the estate, whatever be
the number of the ascendants or of the illegitimate children. (942-841a)
Art. 992. An illegitimate child has no right to inherit ab intestato from the legitimate children and relatives of his father or mother; nor shall such
children or relatives inherit in the same manner from the illegitimate child. (943a)
Art. 993. If an illegitimate child should die without issue, either legitimate or illegitimate, his father or mother shall succeed to his entire estate; and if
the child's filiation is duly proved as to both parents, who are both living, they shall inherit from him share and share alike. (944)
Art. 994. In default of the father or mother, an illegitimate child shall be succeeded by his or her surviving spouse who shall be entitled to the entire
estate.
If the widow or widower should survive with brothers and sisters, nephews and nieces, she or he shall inherit one-half of the estate, and the latter
the other half. (945a)
SUBSECTION 4. - Surviving Spouse
Art. 995. In the absence of legitimate descendants and ascendants, and illegitimate children and their descendants, whether legitimate or
illegitimate, the surviving spouse shall inherit the entire estate, without prejudice to the rights of brothers and sisters, nephews and nieces, should
there be any, under article 1001. (946a)
Art. 996. If a widow or widower and legitimate children or descendants are left, the surviving spouse has in the succession the same share as that
of each of the children. (834a)
Art. 997. When the widow or widower survives with legitimate parents or ascendants, the surviving spouse shall be entitled to one-half of the estate,
and the legitimate parents or ascendants to the other half. (836a)
Art. 998. If a widow or widower survives with illegitimate children, such widow or widower shall be entitled to one-half of the inheritance, and the
illegitimate children or their descendants, whether legitimate or illegitimate, to the other half. (n)
Art. 999. When the widow or widower survives with legitimate children or their descendants and illegitimate children or their descendants, whether
legitimate or illegitimate, such widow or widower shall be entitled to the same share as that of a legitimate child. (n)
Art. 1000. If legitimate ascendants, the surviving spouse, and illegitimate children are left, the ascendants shall be entitled to one-half of the
inheritance, and the other half shall be divided between the surviving spouse and the illegitimate children so that such widow or widower shall have
one-fourth of the estate, and the illegitimate children the other fourth. (841a)
Art. 1001. Should brothers and sisters or their children survive with the widow or widower, the latter shall be entitled to one-half of the inheritance
and the brothers and sisters or their children to the other half. (953, 837a)
Art. 1002. In case of a legal separation, if the surviving spouse gave cause for the separation, he or she shall not have any of the rights granted in
the preceding articles. (n)
SUBSECTION 5. - Collateral Relatives
Art. 1003. If there are no descendants, ascendants, illegitimate children, or a surviving spouse, the collateral relatives shall succeed to the entire
estate of the deceased in accordance with the following articles. (946a)
Art. 1004. Should the only survivors be brothers and sisters of the full blood, they shall inherit in equal shares. (947)
Art. 1005. Should brothers and sisters survive together with nephews and nieces, who are the children of the descendant's brothers and sisters of
the full blood, the former shall inherit per capita, and the latter per stirpes. (948)
Art. 1006. Should brother and sisters of the full blood survive together with brothers and sisters of the half blood, the former shall be entitled to a
share double that of the latter. (949)
Art. 1007. In case brothers and sisters of the half blood, some on the father's and some on the mother's side, are the only survivors, all shall inherit
in equal shares without distinction as to the origin of the property. (950)
Art. 1008. Children of brothers and sisters of the half blood shall succeed per capita or per stirpes, in accordance with the rules laid down for the
brothers and sisters of the full blood. (915)
Art. 1009. Should there be neither brothers nor sisters nor children of brothers or sisters, the other collateral relatives shall succeed to the estate.
The latter shall succeed without distinction of lines or preference among them by reason of relationship by the whole blood. (954a)
Art. 1010. The right to inherit ab intestato shall not extend beyond the fifth degree of relationship in the collateral line. (955a)
SUBSECTION 6. - The State
Art. 1011. In default of persons entitled to succeed in accordance with the provisions of the preceding Sections, the State shall inherit the whole
estate. (956a)
Art. 1012. In order that the State may take possession of the property mentioned in the preceding article, the pertinent provisions of the Rules of
Court must be observed. (958a)
Art. 1013. After the payment of debts and charges, the personal property shall be assigned to the municipality or city where the deceased last
resided in the Philippines, and the real estate to the municipalities or cities, respectively, in which the same is situated.
If the deceased never resided in the Philippines, the whole estate shall be assigned to the respective municipalities or cities where the same is
located.
Such estate shall be for the benefit of public schools, and public charitable institutions and centers, in such municipalities or cities. The court shall
distribute the estate as the respective needs of each beneficiary may warrant.
The court, at the instance of an interested party, or on its own motion, may order the establishment of a permanent trust, so that only the income
from the property shall be used. (956a)
Art. 1014. If a person legally entitled to the estate of the deceased appears and files a claim thereto with the court within five years from the date
the property was delivered to the State, such person shall be entitled to the possession of the same, or if sold the municipality or city shall be
accountable to him for such part of the proceeds as may not have been lawfully spent. (n)
CHAPTER 4
PROVISIONS COMMON TO TESTATE AND INTESTATE SUCCESSIONS
SECTION 1. - Right of Accretion
Art. 1015. Accretion is a right by virtue of which, when two or more persons are called to the same inheritance, devise or legacy, the part assigned
to the one who renounces or cannot receive his share, or who died before the testator, is added or incorporated to that of his co-heirs, co-devisees,
or co-legatees. (n)
Art. 1016. In order that the right of accretion may take place in a testamentary succession, it shall be necessary:
(1) That two or more persons be called to the same inheritance, or to the same portion thereof, pro indiviso; and
(2) That one of the persons thus called die before the testator, or renounce the inheritance, or be incapacitated to receive it. (928a)
Art. 1017. The words "one-half for each" or "in equal shares" or any others which, though designating an aliquot part, do not identify it by such
description as shall make each heir the exclusive owner of determinate property, shall not exclude the right of accretion.
In case of money or fungible goods, if the share of each heir is not earmarked, there shall be a right of accretion. (983a)
Art. 1018. In legal succession the share of the person who repudiates the inheritance shall always accrue to his co-heirs. (981)
Art. 1019. The heirs to whom the portion goes by the right of accretion take it in the same proportion that they inherit. (n)
Art. 1020. The heirs to whom the inheritance accrues shall succeed to all the rights and obligations which the heir who renounced or could not
receive it would have had. (984)
Art. 1021. Among the compulsory heirs the right of accretion shall take place only when the free portion is left to two or more of them, or to any one
of them and to a stranger.
Should the part repudiated be the legitime, the other co-heirs shall succeed to it in their own right, and not by the right of accretion. (985)
Art. 1022. In testamentary succession, when the right of accretion does not take place, the vacant portion of the instituted heirs, if no substitute has
been designated, shall pass to the legal heirs of the testator, who shall receive it with the same charges and obligations. (986)
Art. 1023. Accretion shall also take place among devisees, legatees and usufructuaries under the same conditions established for heirs. (987a)
SECTION 2. - Capacity to Succeed by Will of by Intestacy
Art. 1024. Persons not incapacitated by law may succeed by will or ab intestato.
The provisions relating to incapacity by will are equally applicable to intestate succession. (744, 914)
Art. 1025. In order to be capacitated to inherit, the heir, devisee or legatee must be living at the moment the succession opens, except in case of
representation, when it is proper.
A child already conceived at the time of the death of the decedent is capable of succeeding provided it be born later under the conditions
prescribed in article 41. (n)
Art. 1026. A testamentary disposition may be made to the State, provinces, municipal corporations, private corporations, organizations, or
associations for religious, scientific, cultural, educational, or charitable purposes.
All other corporations or entities may succeed under a will, unless there is a provision to the contrary in their charter or the laws of their creation,
and always subject to the same. (746a)
Art. 1027. The following are incapable of succeeding:
(1) The priest who heard the confession of the testator during his last illness, or the minister of the gospel who extended spiritual aid to him during
the same period;
(2) The relatives of such priest or minister of the gospel within the fourth degree, the church, order, chapter, community, organization, or institution
to which such priest or minister may belong;
(3) A guardian with respect to testamentary dispositions given by a ward in his favor before the final accounts of the guardianship have been
approved, even if the testator should die after the approval thereof; nevertheless, any provision made by the ward in favor of the guardian when the
latter is his ascendant, descendant, brother, sister, or spouse, shall be valid;
(4) Any attesting witness to the execution of a will, the spouse, parents, or children, or any one claiming under such witness, spouse, parents, or
children;
(5) Any physician, surgeon, nurse, health officer or druggist who took care of the testator during his last illness;
(6) Individuals, associations and corporations not permitted by law to inherit. (745, 752, 753, 754a)
Art. 1028. The prohibitions mentioned in article 739, concerning donations inter vivos shall apply to testamentary provisions. (n)
Art. 1029. Should the testator dispose of the whole or part of his property for prayers and pious works for the benefit of his soul, in general terms
and without specifying its application, the executor, with the court's approval shall deliver one-half thereof or its proceeds to the church or
denomination to which the testator may belong, to be used for such prayers and pious works, and the other half to the State, for the purposes
mentioned in Article 1013. (747a)
Art. 1030. Testamentary provisions in favor of the poor in general, without designation of particular persons or of any community, shall be deemed
limited to the poor living in the domicile of the testator at the time of his death, unless it should clearly appear that his intention was otherwise.
The designation of the persons who are to be considered as poor and the distribution of the property shall be made by the person appointed by the
testator for the purpose; in default of such person, by the executor, and should there be no executor, by the justice of the peace, the mayor, and the
municipal treasurer, who shall decide by a majority of votes all questions that may arise. In all these cases, the approval of the Court of First
Instance shall be necessary.
The preceding paragraph shall apply when the testator has disposed of his property in favor of the poor of a definite locality. (749a)
Art. 1031. A testamentary provision in favor of a disqualified person, even though made under the guise of an onerous contract, or made through
an intermediary, shall be void. (755)
Art. 1032. The following are incapable of succeeding by reason of unworthiness:
(1) Parents who have abandoned their children or induced their daughters to lead a corrupt or immoral life, or attempted against their virtue;
(2) Any person who has been convicted of an attempt against the life of the testator, his or her spouse, descendants, or ascendants;
(3) Any person who has accused the testator of a crime for which the law prescribes imprisonment for six years or more, if the accusation has been
found groundless;
(4) Any heir of full age who, having knowledge of the violent death of the testator, should fail to report it to an officer of the law within a month,
unless the authorities have already taken action; this prohibition shall not apply to cases wherein, according to law, there is no obligation to make
an accusation;
(5) Any person convicted of adultery or concubinage with the spouse of the testator;
(6) Any person who by fraud, violence, intimidation, or undue influence should cause the testator to make a will or to change one already made;
(7) Any person who by the same means prevents another from making a will, or from revoking one already made, or who supplants, conceals, or
alters the latter's will;
(8) Any person who falsifies or forges a supposed will of the decedent. (756, 673, 674a)
Art. 1033. The cause of unworthiness shall be without effect if the testator had knowledge thereof at the time he made the will, or if, having known
of them subsequently, he should condone them in writing. (757a)
Art. 1034. In order to judge the capacity of the heir, devisee or legatee, his qualification at the time of the death of the decedent shall be the
criterion.
In cases falling under Nos. 2, 3, or 5 of Article 1032, it shall be necessary to wait until final judgment is rendered, and in the case falling under No.
4, the expiration of the month allowed for the report.
If the institution, devise or legacy should be conditional, the time of the compliance with the condition shall also be considered. (758a)
Art. 1035. If the person excluded from the inheritance by reason of incapacity should be a child or descendant of the decedent and should have
children or descendants, the latter shall acquire his right to the legitime.
The person so excluded shall not enjoy the usufruct and administration of the property thus inherited by his children. (761a)
Art. 1036. Alienations of hereditary property, and acts of administration performed by the excluded heir, before the judicial order of exclusion, are
valid as to the third persons who acted in good faith; but the co-heirs shall have a right to recover damages from the disqualified heir. (n)
Art. 1037. The unworthy heir who is excluded from the succession has a right to demand indemnity or any expenses incurred in the preservation of
the hereditary property, and to enforce such credits as he may have against the estate. (n)
Art. 1038. Any person incapable of succession, who, disregarding the prohibition stated in the preceding articles, entered into the possession of the
hereditary property, shall be obliged to return it together it its accessions.
He shall be liable for all the fruits and rents he may have received, or could have received through the exercise of due diligence. (760a)
Art. 1039. Capacity to succeed is governed by the law of the nation of the decedent. (n)
Art. 1040. The action for a declaration of incapacity and for the recovery of the inheritance, devise or legacy shall be brought within five years from
the time the disqualified person took possession thereof. It may be brought by any one who may have an interest in the succession. (762a)
SECTION 3. - Acceptance and Repudiation of the Inheritance
Art. 1041. The acceptance or repudiation of the inheritance is an act which is purely voluntary and free. (988)
Art. 1042. The effects of the acceptance or repudiation shall always retroact to the moment of the death of the decedent. (989)
Art. 1043. No person may accept or repudiate an inheritance unless he is certain of the death of the person from whom he is to inherit, and of his
right to the inheritance. (991)
Art. 1044. Any person having the free disposal of his property may accept or repudiate an inheritance.
Any inheritance left to minors or incapacitated persons may be accepted by their parents or guardians. Parents or guardians may repudiate the
inheritance left to their wards only by judicial authorization.
The right to accept an inheritance left to the poor shall belong to the persons designated by the testator to determine the beneficiaries and distribute
the property, or in their default, to those mentioned in Article 1030. (992a)
Art. 1045. The lawful representatives of corporations, associations, institutions and entities qualified to acquire property may accept any inheritance
left to the latter, but in order to repudiate it, the approval of the court shall be necessary. (993a)
Art. 1046. Public official establishments can neither accept nor repudiate an inheritance without the approval of the government. (994)
Art. 1047. A married woman of age may repudiate an inheritance without the consent of her husband. (995a)
Art. 1048. Deaf-mutes who can read and write may accept or repudiate the inheritance personally or through an agent. Should they not be able to
read and write, the inheritance shall be accepted by their guardians. These guardians may repudiate the same with judicial approval. (996a)
Art. 1049. Acceptance may be express or tacit.
An express acceptance must be made in a public or private document.

A tacit acceptance is one resulting from acts by which the intention to accept is necessarily implied, or which one would have no right to do except
in the capacity of an heir.
Acts of mere preservation or provisional administration do not imply an acceptance of the inheritance if, through such acts, the title or capacity of an
heir has not been assumed. (999a)
Art. 1050. An inheritance is deemed accepted:
(1) If the heirs sells, donates, or assigns his right to a stranger, or to his co-heirs, or to any of them;
(2) If the heir renounces the same, even though gratuitously, for the benefit of one or more of his co-heirs;
(3) If he renounces it for a price in favor of all his co-heirs indiscriminately; but if this renunciation should be gratuitous, and the co-heirs in whose
favor it is made are those upon whom the portion renounced should devolve by virtue of accretion, the inheritance shall not be deemed as
accepted. (1000)
Art. 1051. The repudiation of an inheritance shall be made in a public or authentic instrument, or by petition presented to the court having
jurisdiction over the testamentary or intestate proceedings. (1008)
Art. 1052. If the heir repudiates the inheritance to the prejudice of his own creditors, the latter may petition the court to authorize them to accept it in
the name of the heir.
The acceptance shall benefit the creditors only to an extent sufficient to cover the amount of their credits. The excess, should there be any, shall in
no case pertain to the renouncer, but shall be adjudicated to the persons to whom, in accordance with the rules established in this Code, it may
belong. (1001)
Art. 1053. If the heir should die without having accepted or repudiated the inheritance his right shall be transmitted to his heirs. (1006)
Art. 1054. Should there be several heirs called to the inheritance, some of them may accept and the others may repudiate it. (1007a)
Art. 1055. If a person, who is called to the same inheritance as an heir by will and ab intestato, repudiates the inheritance in his capacity as a
testamentary heir, he is understood to have repudiated it in both capacities.
Should he repudiate it as an intestate heir, without knowledge of his being a testamentary heir, he may still accept it in the latter capacity. (1009)
Art. 1056. The acceptance or repudiation of an inheritance, once made, is irrevocable, and cannot be impugned, except when it was made through
any of the causes that vitiate consent, or when an unknown will appears. (997)
Art. 1057. Within thirty days after the court has issued an order for the distribution of the estate in accordance with the Rules of Court, the heirs,
devisees and legatees shall signify to the court having jurisdiction whether they accept or repudiate the inheritance.
If they do not do so within that time, they are deemed to have accepted the inheritance. (n)
SECTION 4. - Executors and Administrators
Art. 1058. All matters relating to the appointment, powers and duties of executors and administrators and concerning the administration of estates
of deceased persons shall be governed by the Rules of Court. (n)
Art. 1059. If the assets of the estate of a decedent which can be applied to the payment of debts are not sufficient for that purpose, the provisions of
Articles 2239 to 2251 on Preference of Credits shall be observed, provided that the expenses referred to in Article 2244, No. 8, shall be those
involved in the administration of the decedent's estate. (n)
Art. 1060. A corporation or association authorized to conduct the business of a trust company in the Philippines may be appointed as an executor,
administrator, guardian of an estate, or trustee, in like manner as an individual; but it shall not be appointed guardian of the person of a ward. (n)
SECTION 5. - Collation
Art. 1061. Every compulsory heir, who succeeds with other compulsory heirs, must bring into the mass of the estate any property or right which he
may have received from the decedent, during the lifetime of the latter, by way of donation, or any other gratuitous title, in order that it may be
computed in the determination of the legitime of each heir, and in the account of the partition. (1035a)
Art. 1062. Collation shall not take place among compulsory heirs if the donor should have so expressly provided, or if the donee should repudiate
the inheritance, unless the donation should be reduced as inofficious. (1036)
Art. 1063. Property left by will is not deemed subject to collation, if the testator has not otherwise provided, but the legitime shall in any case remain
unimpaired. (1037)
Art. 1064. When the grandchildren, who survive with their uncles, aunts, or cousins, inherit from their grandparents in representation of their father
or mother, they shall bring to collation all that their parents, if alive, would have been obliged to bring, even though such grandchildren have not
inherited the property.
They shall also bring to collation all that they may have received from the decedent during his lifetime, unless the testator has provided otherwise,
in which case his wishes must be respected, if the legitime of the co-heirs is not prejudiced. (1038)
Art. 1065. Parents are not obliged to bring to collation in the inheritance of their ascendants any property which may have been donated by the
latter to their children. (1039)
Art. 1066. Neither shall donations to the spouse of the child be brought to collation; but if they have been given by the parent to the spouses jointly,
the child shall be obliged to bring to collation one-half of the thing donated. (1040)
Art. 1067. Expenses for support, education, medical attendance, even in extraordinary illness, apprenticeship, ordinary equipment, or customary
gifts are not subject to collation. (1041)
Art. 1068. Expenses incurred by the parents in giving their children a professional, vocational or other career shall not be brought to collation unless
the parents so provide, or unless they impair the legitime; but when their collation is required, the sum which the child would have spent if he had
lived in the house and company of his parents shall be deducted therefrom. (1042a)
Art. 1069. Any sums paid by a parent in satisfaction of the debts of his children, election expenses, fines, and similar expenses shall be brought to
collation. (1043a)
Art. 1070. Wedding gifts by parents and ascendants consisting of jewelry, clothing, and outfit, shall not be reduced as inofficious except insofar as
they may exceed one-tenth of the sum which is disposable by will. (1044)
Art. 1071. The same things donated are not to be brought to collation and partition, but only their value at the time of the donation, even though
their just value may not then have been assessed.
Their subsequent increase or deterioration and even their total loss or destruction, be it accidental or culpable, shall be for the benefit or account
and risk of the donee. (1045a)
Art. 1072. In the collation of a donation made by both parents, one-half shall be brought to the inheritance of the father, and the other half, to that of
the mother. That given by one alone shall be brought to collation in his or her inheritance. (1046a)
Art. 1073. The donee's share of the estate shall be reduced by an amount equal to that already received by him; and his co-heirs shall receive an
equivalent, as much as possible, in property of the same nature, class and quality. (1047)
Art. 1074. Should the provisions of the preceding article be impracticable, if the property donated was immovable, the co-heirs shall be entitled to
receive its equivalent in cash or securities, at the rate of quotation; and should there be neither cash or marketable securities in the estate, so much
of the other property as may be necessary shall be sold at public auction.
If the property donated was movable, the co-heirs shall only have a right to select an equivalent of other personal property of the inheritance at its
just price. (1048)
Art. 1075. The fruits and interest of the property subject to collation shall not pertain to the estate except from the day on which the succession is
opened.
For the purpose of ascertaining their amount, the fruits and interest of the property of the estate of the same kind and quality as that subject to
collation shall be made the standard of assessment. (1049)
Art. 1076. The co-heirs are bound to reimburse to the donee the necessary expenses which he has incurred for the preservation of the property
donated to him, though they may not have augmented its value.
The donee who collates in kind an immovable which has been given to him must be reimbursed by his co-heirs for the improvements which have
increased the value of the property, and which exist at the time the partition if effected.
As to works made on the estate for the mere pleasure of the donee, no reimbursement is due him for them; he has, however, the right to remove
them, if he can do so without injuring the estate. (n)
100 | M a r t i n e z
Art. 1077. Should any question arise among the co-heirs upon the obligation to bring to collation or as to the things which are subject to collation,
the distribution of the estate shall not be interrupted for this reason, provided adequate security is given. (1050)
SECTION 6. - Partition and Distribution of the Estate
SUBSECTION 1. - Partition
Art. 1078. Where there are two or more heirs, the whole estate of the decedent is, before its partition, owned in common by such heirs, subject to
the payment of debts of the deceased. (n)
Art. 1079. Partition, in general, is the separation, division and assignment of a thing held in common among those to whom it may belong. The thing
itself may be divided, or its value. (n)
Art. 1080. Should a person make partition of his estate by an act inter vivos, or by will, such partition shall be respected, insofar as it does not
prejudice the legitime of the compulsory heirs.
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. (1056a)
Art. 1081. A person may, by an act inter vivos or mortis causa, intrust the mere power to make the partition after his death to any person who is not
one of the co-heirs.
The provisions of this and of the preceding article shall be observed even should there be among the co-heirs a minor or a person subject to
guardianship; but the mandatary, in such case, shall make an inventory of the property of the estate, after notifying the co-heirs, the creditors, and
the legatees or devisees. (1057a)
Art. 1082. Every act which is intended to put an end to indivision among co-heirs and legatees or devisees is deemed to be a partition, although it
should purport to be a sale, and exchange, a compromise, or any other transaction. (n)
Art. 1083. Every co-heir has a right to demand the division of the estate unless the testator should have expressly forbidden its partition, in which
case the period of indivision shall not exceed twenty years as provided in article 494. This power of the testator to prohibit division applies to the
legitime.
Even though forbidden by the testator, the co-ownership terminates when any of the causes for which partnership is dissolved takes place, or when
the court finds for compelling reasons that division should be ordered, upon petition of one of the co-heirs. (1051a)
Art. 1084. Voluntary heirs upon whom some condition has been imposed cannot demand a partition until the condition has been fulfilled; but the
other co-heirs may demand it by giving sufficient security for the rights which the former may have in case the condition should be complied with,
and until it is known that the condition has not been fulfilled or can never be complied with, the partition shall be understood to be provisional.
(1054a)
Art. 1085. In the partition of the estate, equality shall be observed as far as possible, dividing the property into lots, or assigning to each of the co-
heirs things of the same nature, quality and kind. (1061)
Art. 1086. Should a thing be indivisible, or would be much impaired by its being divided, it may be adjudicated to one of the heirs, provided he shall
pay the others the excess in cash.
Nevertheless, if any of the heirs should demand that the thing be sold at public auction and that strangers be allowed to bid, this must be done.
(1062)
Art. 1087. In the partition the co-heirs shall reimburse one another for the income and fruits which each one of them may have received from any
property of the estate, for any useful and necessary expenses made upon such property, and for any damage thereto through malice or neglect.
(1063)
Art. 1088. Should any of the heirs sell his hereditary rights to a stranger before the partition, any or all of the co-heirs may be subrogated to the
rights of the purchaser by reimbursing him for the price of the sale, provided they do so within the period of one month from the time they were
notified in writing of the sale by the vendor. (1067a)
Art. 1089. The titles of acquisition or ownership of each property shall be delivered to the co-heir to whom said property has been adjudicated.
(1065a)
Art. 1090. When the title comprises two or more pieces of land which have been assigned to two or more co-heirs, or when it covers one piece of
land which has been divided between two or more co-heirs, the title shall be delivered to the one having the largest interest, and authentic copies of
101 | M a r t i n e z
the title shall be furnished to the other co-heirs at the expense of the estate. If the interest of each co-heir should be the same, the oldest shall have
the title. (1066a)
SUBSECTION 2. - Effects of Partition
Art. 1091. A partition legally made confers upon each heir the exclusive ownership of the property adjudicated to him. (1068)
Art. 1092. After the partition has been made, the co-heirs shall be reciprocally bound to warrant the title to, and the quality of, each property
adjudicated. (1069a)
Art. 1093. The reciprocal obligation of warranty referred to in the preceding article shall be proportionate to the respective hereditary shares of the
co-heirs, but if any one of them should be insolvent, the other co-heirs shall be liable for his part in the same proportion, deducting the part
corresponding to the one who should be indemnified.
Those who pay for the insolvent heir shall have a right of action against him for reimbursement, should his financial condition improve. (1071)
Art. 1094. An action to enforce the warranty among heirs must be brought within ten years from the date the right of action accrues. (n)
Art. 1095. If a credit should be assigned as collectible, the co-heirs shall not be liable for the subsequent insolvency of the debtor of the estate, but
only for his insolvency at the time the partition is made.
The warranty of the solvency of the debtor can only be enforced during the five years following the partition.
Co-heirs do not warrant bad debts, if so known to, and accepted by, the distributee. But if such debts are not assigned to a co-heir, and should be
collected, in whole or in part, the amount collected shall be distributed proportionately among the heirs. (1072a)
Art. 1096. The obligation of warranty among co-heirs shall cease in the following cases:
(1) When the testator himself has made the partition, unless it appears, or it may be reasonably presumed, that his intention was otherwise, but the
legitime shall always remain unimpaired;
(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. (1070a)
SUBSECTION 3. - Rescission and Nullity of Partition
Art. 1097. A partition may be rescinded or annulled for the same causes as contracts. (1073a)
Art. 1098. A partition, judicial or extra-judicial, may also be rescinded on account of lesion, when any one of the co-heirs received things whose
value is less, by at least one-fourth, than the share to which he is entitled, considering the value of the things at the time they were adjudicated.
(1074a)
Art. 1099. The partition made by the testator cannot be impugned on the ground of lesion, except when the legitime of the compulsory heirs is
thereby prejudiced, or when it appears or may reasonably be presumed, that the intention of the testator was otherwise. (1075)
Art. 1100. The action for rescission on account of lesion shall prescribe after four years from the time the partition was made. (1076)
Art. 1101. The heir who is sued shall have the option of indemnifying the plaintiff for the loss, or consenting to a new partition.
Indemnity may be made by payment in cash or by the delivery of a thing of the same kind and quality as that awarded to the plaintiff.
If a new partition is made, it shall affect neither those who have not been prejudiced nor those have not received more than their just share. (1077a)
Art. 1102. An heir who has alienated the whole or a considerable part of the real property adjudicated to him cannot maintain an action for
rescission on the ground of lesion, but he shall have a right to be indemnified in cash. (1078a)
Art. 1103. The omission of one or more objects or securities of the inheritance shall not cause the rescission of the partition on the ground of lesion,
but the partition shall be completed by the distribution of the objects or securities which have been omitted. (1079a)
Art. 1104. A partition made with preterition of any of the compulsory heirs shall not be rescinded, unless it be proved that there was bad faith or
fraud on the part of the other persons interested; but the latter shall be proportionately obliged to pay to the person omitted the share which belongs
to him. (1080)
102 | M a r t i n e z
Art. 1105. A partition which includes a person believed to be an heir, but who is not, shall be void only with respect to such person. (1081a)
Title V.
PRESCRIPTION
CHAPTER 1
GENERAL PROVISIONS
Art. 1106. By prescription, one acquires ownership and other real rights through the lapse of time in the manner and under the conditions laid down
by law.
In the same way, rights and conditions are lost by prescription. (1930a)
Art. 1107. Persons who are capable of acquiring property or rights by the other legal modes may acquire the same by means of prescription.
Minors and other incapacitated persons may acquire property or rights by prescription, either personally or through their parents, guardians or legal
representatives. (1931a)
Art. 1108. Prescription, both acquisitive and extinctive, runs against:
(1) Minors and other incapacitated persons who have parents, guardians or other legal representatives;
(2) Absentees who have administrators, either appointed by them before their disappearance, or appointed by the courts;
(3) Persons living abroad, who have managers or administrators;
(4) Juridical persons, except the State and its subdivisions.
Persons who are disqualified from administering their property have a right to claim damages from their legal representatives whose negligence
has been the cause of prescription. (1932a)
Art. 1109. Prescription does not run between husband and wife, even though there be a separation of property agreed upon in the marriage
settlements or by judicial decree.
Neither does prescription run between parents and children, during the minority or insanity of the latter, and between guardian and ward during the
continuance of the guardianship. (n)
Art. 1110. Prescription, acquisitive and extinctive, runs in favor of, or against a married woman. (n)
Art. 1111. Prescription obtained by a co-proprietor or a co-owner shall benefit the others. (1933)
Art. 1112. Persons with capacity to alienate property may renounce prescription already obtained, but not the right to prescribe in the future.
Prescription is deemed to have been tacitly renounced when the renunciation results from acts which imply the abandonment of the right acquired.
(1935)
Art. 1113. All things which are within the commerce of men are susceptible of prescription, unless otherwise provided. Property of the State or any
of its subdivisions not patrimonial in character shall not be the object of prescription. (1936a)
Art. 1114. Creditors and all other persons interested in making the prescription effective may avail themselves thereof notwithstanding the express
or tacit renunciation by the debtor or proprietor. (1937)
103 | M a r t i n e z
Art. 1115. The provisions of the present Title are understood to be without prejudice to what in this Code or in special laws is established with
respect to specific cases of prescription. (1938)
Art. 1116. Prescription already running before the effectivity of this Code shall be governed by laws previously in force; but if since the time this
Code took effect the entire period herein required for prescription should elapse, the present Code shall be applicable, even though by the former
laws a longer period might be required. (1939)
CHAPTER 2
PRESCRIPTION OF OWNERSHIP AND OTHER REAL RIGHTS
Art. 1117. Acquisitive prescription of dominion and other real rights may be ordinary or extraordinary.
Ordinary acquisitive prescription requires possession of things in good faith and with just title for the time fixed by law. (1940a)
Art. 1118. Possession has to be in the concept of an owner, public, peaceful and uninterrupted. (1941)
Art. 1119. Acts of possessory character executed in virtue of license or by mere tolerance of the owner shall not be available for the purposes of
possession. (1942)
Art. 1120. Possession is interrupted for the purposes of prescription, naturally or civilly. (1943)
Art. 1121. Possession is naturally interrupted when through any cause it should cease for more than one year.
The old possession is not revived if a new possession should be exercised by the same adverse claimant. (1944a)
Art. 1122. If the natural interruption is for only one year or less, the time elapsed shall be counted in favor of the prescription. (n)
Art. 1123. Civil interruption is produced by judicial summons to the possessor. (1945a)
Art. 1124. Judicial summons shall be deemed not to have been issued and shall not give rise to interruption:
(1) If it should be void for lack of legal solemnities;
(2) If the plaintiff should desist from the complaint or should allow the proceedings to lapse;
(3) If the possessor should be absolved from the complaint.
In all these cases, the period of the interruption shall be counted for the prescription. (1946a)
Art. 1125. Any express or tacit recognition which the possessor may make of the owner's right also interrupts possession. (1948)
Art. 1126. Against a title recorded in the Registry of Property, ordinary prescription of ownership or real rights shall not take place to the prejudice of
a third person, except in virtue of another title also recorded; and the time shall begin to run from the recording of the latter.
As to lands registered under the Land Registration Act, the provisions of that special law shall govern. (1949a)
Art. 1127. The good faith of the possessor consists in the reasonable belief that the person from whom he received the thing was the owner
thereof, and could transmit his ownership. (1950a)
Art. 1128. The conditions of good faith required for possession in Articles 526, 527, 528, and 529 of this Code are likewise necessary for the
determination of good faith in the prescription of ownership and other real rights. (1951)
Art. 1129. For the purposes of prescription, there is just title when the adverse claimant came into possession of the property through one of the
modes recognized by law for the acquisition of ownership or other real rights, but the grantor was not the owner or could not transmit any right. (n)
Art. 1130. The title for prescription must be true and valid. (1953)
104 | M a r t i n e z
Art. 1131. For the purposes of prescription, just title must be proved; it is never presumed. (1954a)
Art. 1132. The ownership of movables prescribes through uninterrupted possession for four years in good faith.
The ownership of personal property also prescribes through uninterrupted possession for eight years, without need of any other condition.
With regard to the right of the owner to recover personal property lost or of which he has been illegally deprived, as well as with respect to
movables acquired in a public sale, fair, or market, or from a merchant's store the provisions of Articles 559 and 1505 of this Code shall be
observed. (1955a)
Art. 1133. Movables possessed through a crime can never be acquired through prescription by the offender. (1956a)
Art. 1134. Ownership and other real rights over immovable property are acquired by ordinary prescription through possession of ten years. (1957a)
Art. 1135. In case the adverse claimant possesses by mistake an area greater, or less than that expressed in his title, prescription shall be based
on the possession. (n)
Art. 1136. Possession in wartime, when the civil courts are not open, shall not be counted in favor of the adverse claimant.
Art. 1137. 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. (1959a)
Art. 1138. In the computation of time necessary for prescription the following rules shall be observed:
(1) The present possessor may complete the period necessary for prescription by tacking his possession to that of his grantor or predecessor in
interest;
(2) It is presumed that the present possessor who was also the possessor at a previous time, has continued to be in possession during the
intervening time, unless there is proof to the contrary;
(3) The first day shall be excluded and the last day included. (1960a)
CHAPTER 3
PRESCRIPTION OF ACTIONS
Art. 1139. Actions prescribe by the mere lapse of time fixed by law. (1961)
Art. 1140. Actions to recover movables shall prescribe eight years from the time the possession thereof is lost, unless the possessor has acquired
the ownership by prescription for a less period, according to Articles 1132, and without prejudice to the provisions of Articles 559, 1505, and 1133.
(1962a)
Art. 1141. Real actions over immovables prescribe after thirty years.
This provision is without prejudice to what is established for the acquisition of ownership and other real rights by prescription. (1963)
Art. 1142. A mortgage action prescribes after ten years. (1964a)
Art. 1143. The following rights, among others specified elsewhere in this Code, are not extinguished by prescription:
(1) To demand a right of way, regulated in Article 649;
(2) To bring an action to abate a public or private nuisance. (n)
Art. 1144. The following actions must be brought within ten years from the time the right of action accrues:
(1) Upon a written contract;

105 | M a r t i n e z
(2) Upon an obligation created by law;
(3) Upon a judgment. (n)
Art. 1145. The following actions must be commenced within six years:
(1) Upon an oral contract;
(2) Upon a quasi-contract. (n)
Art. 1146. The following actions must be instituted within four years:
(1) Upon an injury to the rights of the plaintiff;
(2) Upon a quasi-delict;
However, when the action arises from or out of any act, activity, or conduct of any public officer involving the exercise of powers or authority arising
from Martial Law including the arrest, detention and/or trial of the plaintiff, the same must be brought within one (1) year. (As amended by PD No.
1755, Dec. 24, 1980.)
Art. 1147. The following actions must be filed within one year:
(1) For forcible entry and detainer;
(2) For defamation. (n)
Art. 1148. The limitations of action mentioned in Articles 1140 to 1142, and 1144 to 1147 are without prejudice to those specified in other parts of
this Code, in the Code of Commerce, and in special laws. (n)
Art. 1149. All other actions whose periods are not fixed in this Code or in other laws must be brought within five years from the time the right of
action accrues. (n)
Art. 1150. The time for prescription for all kinds of actions, when there is no special provision which ordains otherwise, shall be counted from the
day they may be brought. (1969)
Art. 1151. The time for the prescription of actions which have for their object the enforcement of obligations to pay principal with interest or annuity
runs from the last payment of the annuity or of the interest. (1970a)
Art. 1152. The period for prescription of actions to demand the fulfillment of obligation declared by a judgment commences from the time the
judgment became final. (1971)
Art. 1153. The period for prescription of actions to demand accounting runs from the day the persons who should render the same cease in their
functions.
The period for the action arising from the result of the accounting runs from the date when said result was recognized by agreement of the
interested parties. (1972)
Art. 1154. The period during which the obligee was prevented by a fortuitous event from enforcing his right is not reckoned against him. (n)
Art. 1155. The prescription of actions is interrupted when they are filed before the court, when there is a written extrajudicial demand by the
creditors, and when there is any written acknowledgment of the debt by the debtor. (1973a)
BOOK IV
OBLIGATIONS AND CONTRACTS
Title. I.
106 | M a r t i n e z
OBLIGATIONS
CHAPTER 1
GENERAL PROVISIONS
Art. 1156. An obligation is a juridical necessity to give, to do or not to do. (n)
Art. 1157. Obligations arise from:
(1) Law;
(2) Contracts;
(3) Quasi-contracts;
(4) Acts or omissions punished by law; and
(5) Quasi-delicts. (1089a)
Art. 1158. Obligations derived from law are not presumed. Only those expressly determined in this Code or in special laws are demandable, and
shall be regulated by the precepts of the law which establishes them; and as to what has not been foreseen, by the provisions of this Book. (1090)
Art. 1159. Obligations arising from contracts have the force of law between the contracting parties and should be complied with in good faith.
(1091a)
Art. 1160. Obligations derived from quasi-contracts shall be subject to the provisions of Chapter 1, Title XVII, of this Book. (n)
Art. 1161. Civil obligations arising from criminal offenses shall be governed by the penal laws, subject to the provisions of Article 2177, and of the
pertinent provisions of Chapter 2, Preliminary Title, on Human Relations, and of Title XVIII of this Book, regulating damages. (1092a)
Art. 1162. Obligations derived from quasi-delicts shall be governed by the provisions of Chapter 2, Title XVII of this Book, and by special laws.
(1093a)
CHAPTER 2
NATURE AND EFFECT OF OBLIGATIONS
Art. 1163. 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. (1094a)
Art. 1164. The creditor has a right to the fruits of the thing from the time the obligation to deliver it arises. However, he shall acquire no real right
over it until the same has been delivered to him. (1095)
Art. 1165. When what is to be delivered is a determinate thing, the creditor, in addition to the right granted him by Article 1170, may compel the
debtor to make the delivery.
If the thing is indeterminate or generic, he may ask that the obligation be complied with at the expense of the debtor.
If the obligor delays, or has promised to deliver the same thing to two or more persons who do not have the same interest, he shall be responsible
for any fortuitous event until he has effected the delivery. (1096)
Art. 1166. The obligation to give a determinate thing includes that of delivering all its accessions and accessories, even though they may not have
been mentioned. (1097a)
107 | M a r t i n e z
Art. 1167. If a person obliged to do something fails to do it, the same shall be executed at his cost.
This same rule shall be observed if he does it in contravention of the tenor of the obligation. Furthermore, it may be decreed that what has been
poorly done be undone. (1098)
Art. 1168. When the obligation consists in not doing, and the obligor does what has been forbidden him, it shall also be undone at his expense.
(1099a)
Art. 1169. Those obliged to deliver or to do something incur in delay from the time the obligee judicially or extrajudicially demands from them the
fulfillment of their obligation.
However, the demand by the creditor shall not be necessary in order that delay may exist:
(1) When the obligation or the law expressly so declare; or
(2) When from the nature and the circumstances of the obligation it appears that the designation of the time when the thing is to be delivered or the
service is to be rendered was a controlling motive for the establishment of the contract; or
(3) When demand would be useless, as when the obligor has rendered it beyond his power to perform.
In reciprocal obligations, neither party incurs in delay if the other does not comply or is not ready to comply in a proper manner with what is
incumbent upon him. From the moment one of the parties fulfills his obligation, delay by the other begins. (1100a)
Art. 1170. 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. (1101)
Art. 1171. Responsibility arising from fraud is demandable in all obligations. Any waiver of an action for future fraud is void. (1102a)
Art. 1172. 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. (1103)
Art. 1173. 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.
If the law or contract does not state the diligence which is to be observed in the performance, that which is expected of a good father of a family
shall be required. (1104a)
Art. 1174. 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. (1105a)
Art. 1175. Usurious transactions shall be governed by special laws. (n)
Art. 1176. The receipt of the principal by the creditor without reservation with respect to the interest, shall give rise to the presumption that said
interest has been paid.
The receipt of a later installment of a debt without reservation as to prior installments, shall likewise raise the presumption that such installments
have been paid. (1110a)
Art. 1177. The creditors, after having pursued the property in possession of the debtor to satisfy their claims, may exercise all the rights and bring
all the actions of the latter for the same purpose, save those which are inherent in his person; they may also impugn the acts which the debtor may
have done to defraud them. (1111)
Art. 1178. Subject to the laws, all rights acquired in virtue of an obligation are transmissible, if there has been no stipulation to the contrary. (1112)
CHAPTER 3
108 | M a r t i n e z
DIFFERENT KINDS OF OBLIGATIONS
SECTION 1. - Pure and Conditional Obligations
Art. 1179. Every obligation whose performance does not depend upon a future or uncertain event, or upon a past event unknown to the parties, is
demandable at once.
Every obligation which contains a resolutory condition shall also be demandable, without prejudice to the effects of the happening of the event.
(1113)
Art. 1180. When the debtor binds himself to pay when his means permit him to do so, the obligation shall be deemed to be one with a period,
subject to the provisions of Article 1197. (n)
Art. 1181. In conditional obligations, the acquisition of rights, as well as the extinguishment or loss of those already acquired, shall depend upon the
happening of the event which constitutes the condition. (1114)
Art. 1182. When the fulfillment of the condition depends upon the sole will of the debtor, the conditional obligation shall be void. If it depends upon
chance or upon the will of a third person, the obligation shall take effect in conformity with the provisions of this Code. (1115)
Art. 1183. Impossible conditions, those contrary to good customs or public policy and those prohibited by law shall annul the obligation which
depends upon them. If the obligation is divisible, that part thereof which is not affected by the impossible or unlawful condition shall be valid.
The condition not to do an impossible thing shall be considered as not having been agreed upon. (1116a)
Art. 1184. The condition that some event happen at a determinate time shall extinguish the obligation as soon as the time expires or if it has
become indubitable that the event will not take place. (1117)
Art. 1185. The condition that some event will not happen at a determinate time shall render the obligation effective from the moment the time
indicated has elapsed, or if it has become evident that the event cannot occur.
If no time has been fixed, the condition shall be deemed fulfilled at such time as may have probably been contemplated, bearing in mind the nature
of the obligation. (1118)
Art. 1186. The condition shall be deemed fulfilled when the obligor voluntarily prevents its fulfillment. (1119)
Art. 1187. The effects of a conditional obligation to give, once the condition has been fulfilled, shall retroact to the day of the constitution of the
obligation. Nevertheless, when the obligation imposes reciprocal prestations upon the parties, the fruits and interests during the pendency of the
condition shall be deemed to have been mutually compensated. If the obligation is unilateral, the debtor shall appropriate the fruits and interests
received, unless from the nature and circumstances of the obligation it should be inferred that the intention of the person constituting the same was
different.
In obligations to do and not to do, the courts shall determine, in each case, the retroactive effect of the condition that has been complied with.
(1120)
Art. 1188. The creditor may, before the fulfillment of the condition, bring the appropriate actions for the preservation of his right.
The debtor may recover what during the same time he has paid by mistake in case of a suspensive condition. (1121a)
Art. 1189. When the conditions have been imposed with the intention of suspending the efficacy of an obligation to give, the following rules shall be
observed in case of the improvement, loss or deterioration of the thing during the pendency of the condition:
(1) If the thing is lost without the fault of the debtor, the obligation shall be extinguished;
(2) If the thing is lost through the fault of the debtor, he shall be obliged to pay damages; it is understood that the thing is lost when it perishes, or
goes out of commerce, or disappears in such a way that its existence is unknown or it cannot be recovered;
(3) When the thing deteriorates without the fault of the debtor, the impairment is to be borne by the creditor;
(4) If it deteriorates through the fault of the debtor, the creditor may choose between the rescission of the obligation and its fulfillment, with
indemnity for damages in either case;
(5) If the thing is improved by its nature, or by time, the improvement shall inure to the benefit of the creditor;
109 | M a r t i n e z
(6) If it is improved at the expense of the debtor, he shall have no other right than that granted to the usufructuary. (1122)
Art. 1190. When the conditions have for their purpose the extinguishment of an obligation to give, the parties, upon the fulfillment of said conditions,
shall return to each other what they have received.
In case of the loss, deterioration or improvement of the thing, the provisions which, with respect to the debtor, are laid down in the preceding article
shall be applied to the party who is bound to return.
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. (1123)
Art. 1191. The power to rescind obligations is implied in reciprocal ones, in case one of the obligors should not comply with what is incumbent upon
him.
The injured party may choose between the fulfillment and the rescission of the obligation, with the payment of damages in either case. He may also
seek rescission, even after he has chosen fulfillment, if the latter should become impossible.
The court shall decree the rescission claimed, unless there be just cause authorizing the fixing of a period.
This is understood to be without prejudice to the rights of third persons who have acquired the thing, in accordance with Articles 1385 and 1388 and
the Mortgage Law. (1124)
Art. 1192. In case both parties have committed a breach of the obligation, the liability of the first infractor shall be equitably tempered by the courts.
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. (n)
SECTION 2. - Obligations with a Period
Art. 1193. Obligations for whose fulfillment a day certain has been fixed, shall be demandable only when that day comes.
Obligations with a resolutory period take effect at once, but terminate upon arrival of the day certain.
A day certain is understood to be that which must necessarily come, although it may not be known when.
If the uncertainty consists in whether the day will come or not, the obligation is conditional, and it shall be regulated by the rules of the preceding
Section. (1125a)
Art. 1194. In case of loss, deterioration or improvement of the thing before the arrival of the day certain, the rules in Article 1189 shall be observed.
(n)
Art. 1195. Anything paid or delivered before the arrival of the period, the obligor being unaware of the period or believing that the obligation has
become due and demandable, may be recovered, with the fruits and interests. (1126a)
Art. 1196. Whenever in an obligation a period is designated, it is presumed to have been established for the benefit of both the creditor and the
debtor, unless from the tenor of the same or other circumstances it should appear that the period has been established in favor of one or of the
other. (1127)
Art. 1197. 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.
The courts shall also fix the duration of the period when it depends upon the will of the debtor.
In every case, the courts shall determine such period as may under the circumstances have been probably contemplated by the parties. Once fixed
by the courts, the period cannot be changed by them. (1128a)
Art. 1198. The debtor shall lose every right to make use of the period:
(1) When after the obligation has been contracted, he becomes insolvent, unless he gives a guaranty or security for the debt;
(2) When he does not furnish to the creditor the guaranties or securities which he has promised;
(3) When by his own acts he has impaired said guaranties or securities after their establishment, and when through a fortuitous event they
disappear, unless he immediately gives new ones equally satisfactory;
110 | M a r t i n e z
(4) When the debtor violates any undertaking, in consideration of which the creditor agreed to the period;
(5) When the debtor attempts to abscond. (1129a)
SECTION 3. - Alternative Obligations
Art. 1199. A person alternatively bound by different prestations shall completely perform one of them.
The creditor cannot be compelled to receive part of one and part of the other undertaking. (1131)
Art. 1200. The right of choice belongs to the debtor, unless it has been expressly granted to the creditor.
The debtor shall have no right to choose those prestations which are impossible, unlawful or which could not have been the object of the obligation.
(1132)
Art. 1201. The choice shall produce no effect except from the time it has been communicated. (1133)
Art. 1202. The debtor shall lose the right of choice when among the prestations whereby he is alternatively bound, only one is practicable. (1134)
Art. 1203. If through the creditor's acts the debtor cannot make a choice according to the terms of the obligation, the latter may rescind the contract
with damages. (n)
Art. 1204. The creditor shall have a right to indemnity for damages when, through the fault of the debtor, all the things which are alternatively the
object of the obligation have been lost, or the compliance of the obligation has become impossible.
The indemnity shall be fixed taking as a basis the value of the last thing which disappeared, or that of the service which last became impossible.
Damages other than the value of the last thing or service may also be awarded. (1135a)
Art. 1205. When the choice has been expressly given to the creditor, the obligation shall cease to be alternative from the day when the selection
has been communicated to the debtor.
Until then the responsibility of the debtor shall be governed by the following rules:
(1) If one of the things is lost through a fortuitous event, he shall perform the obligation by delivering that which the creditor should choose from
among the remainder, or that which remains if only one subsists;
(2) If the loss of one of the things occurs through the fault of the debtor, the creditor may claim any of those subsisting, or the price of that which,
through the fault of the former, has disappeared, with a right to damages;
(3) If all the things are lost through the fault of the debtor, the choice by the creditor shall fall upon the price of any one of them, also with indemnity
for damages.
The same rules shall be applied to obligations to do or not to do in case one, some or all of the prestations should become impossible. (1136a)
Art. 1206. When only one prestation has been agreed upon, but the obligor may render another in substitution, the obligation is called facultative.
The loss or deterioration of the thing intended as a substitute, through the negligence of the obligor, does not render him liable. But once the
substitution has been made, the obligor is liable for the loss of the substitute on account of his delay, negligence or fraud. (n)
SECTION 4. - Joint and Solidary Obligations
Art. 1207. The concurrence of two or more creditors or of two or more debtors in one and the same obligation does not imply that each one of the
former has a right to demand, or that each one of the latter is bound to render, entire compliance with the prestation. There is a solidary liability only
when the obligation expressly so states, or when the law or the nature of the obligation requires solidarity. (1137a)
Art. 1208. If from the law, or the nature or the wording of the obligations to which the preceding article refers the contrary does not appear, the
credit or debt shall be presumed to be divided into as many shares as there are creditors or debtors, the credits or debts being considered distinct
from one another, subject to the Rules of Court governing the multiplicity of suits. (1138a)
Art. 1209. If the division is impossible, the right of the creditors may be prejudiced only by their collective acts, and the debt can be enforced only by
proceeding against all the debtors. If one of the latter should be insolvent, the others shall not be liable for his share. (1139)
111 | M a r t i n e z
Art. 1210. The indivisibility of an obligation does not necessarily give rise to solidarity. Nor does solidarity of itself imply indivisibility. (n)
Art. 1211. Solidarity may exist although the creditors and the debtors may not be bound in the same manner and by the same periods and
conditions. (1140)
Art. 1212. Each one of the solidary creditors may do whatever may be useful to the others, but not anything which may be prejudicial to the latter.
(1141a)
Art. 1213. A solidary creditor cannot assign his rights without the consent of the others. (n)
Art. 1214. The debtor may pay any one of the solidary creditors; but if any demand, judicial or extrajudicial, has been made by one of them,
payment should be made to him. (1142a)
Art. 1215. Novation, compensation, confusion or remission of the debt, made by any of the solidary creditors or with any of the solidary debtors,
shall extinguish the obligation, without prejudice to the provisions of Article 1219.
The creditor who may have executed any of these acts, as well as he who collects the debt, shall be liable to the others for the share in the
obligation corresponding to them. (1143)
Art. 1216. The creditor may proceed against any one of the solidary debtors or some or all of them simultaneously. The demand made against one
of them shall not be an obstacle to those which may subsequently be directed against the others, so long as the debt has not been fully collected.
(1144a)
Art. 1217. Payment made by one of the solidary debtors extinguishes the obligation. If two or more solidary debtors offer to pay, the creditor may
choose which offer to accept.
He who made the payment may claim from his co-debtors only the share which corresponds to each, with the interest for the payment already
made. If the payment is made before the debt is due, no interest for the intervening period may be demanded.
When one of the solidary debtors cannot, because of his insolvency, reimburse his share to the debtor paying the obligation, such share shall be
borne by all his co-debtors, in proportion to the debt of each. (1145a)
Art. 1218. Payment by a solidary debtor shall not entitle him to reimbursement from his co-debtors if such payment is made after the obligation has
prescribed or become illegal. (n)
Art. 1219. The remission made by the creditor of the share which affects one of the solidary debtors does not release the latter from his
responsibility towards the co-debtors, in case the debt had been totally paid by anyone of them before the remission was effected. (1146a)
Art. 1220. The remission of the whole obligation, obtained by one of the solidary debtors, does not entitle him to reimbursement from his co-
debtors. (n)
Art. 1221. If the thing has been lost or if the prestation has become impossible without the fault of the solidary debtors, the obligation shall be
extinguished.
If there was fault on the part of any one of them, all shall be responsible to the creditor, for the price and the payment of damages and interest,
without prejudice to their action against the guilty or negligent debtor.
If through a fortuitous event, the thing is lost or the performance has become impossible after one of the solidary debtors has incurred in delay
through the judicial or extrajudicial demand upon him by the creditor, the provisions of the preceding paragraph shall apply. (1147a)
Art. 1222. A solidary debtor may, in actions filed by the creditor, avail himself of all defenses which are derived from the nature of the obligation and
of those which are personal to him, or pertain to his own share. With respect to those which personally belong to the others, he may avail himself
thereof only as regards that part of the debt for which the latter are responsible. (1148a)
SECTION 5. - Divisible and Indivisible Obligations
Art. 1223. The divisibility or indivisibility of the things that are the object of obligations in which there is only one debtor and only one creditor does
not alter or modify the provisions of Chapter 2 of this Title. (1149)
Art. 1224. A joint indivisible obligation gives rise to indemnity for damages from the time anyone of the debtors does not comply with his
undertaking. The debtors who may have been ready to fulfill their promises shall not contribute to the indemnity beyond the corresponding portion
of the price of the thing or of the value of the service in which the obligation consists. (1150)
112 | M a r t i n e z
Art. 1225. For the purposes of the preceding articles, obligations to give definite things and those which are not susceptible of partial performance
shall be deemed to be indivisible.
When the obligation has for its object the execution of a certain number of days of work, the accomplishment of work by metrical units, or
analogous things which by their nature are susceptible of partial performance, it shall be divisible.
However, even though the object or service may be physically divisible, an obligation is indivisible if so provided by law or intended by the parties.
In obligations not to do, divisibility or indivisibility shall be determined by the character of the prestation in each particular case. (1151a)
SECTION 6. - Obligations with a Penal Clause
Art. 1226. In obligations with a penal clause, the penalty shall substitute the indemnity for damages and the payment of interests in case of
noncompliance, if there is no stipulation to the contrary. Nevertheless, damages shall be paid if the obligor refuses to pay the penalty or is guilty of
fraud in the fulfillment of the obligation.
The penalty may be enforced only when it is demandable in accordance with the provisions of this Code. (1152a)
Art. 1227. The debtor cannot exempt himself from the performance of the obligation by paying the penalty, save in the case where this right has
been expressly reserved for him. Neither can the creditor demand the fulfillment of the obligation and the satisfaction of the penalty at the same
time, unless this right has been clearly granted him. However, if after the creditor has decided to require the fulfillment of the obligation, the
performance thereof should become impossible without his fault, the penalty may be enforced. (1153a)
Art. 1228. Proof of actual damages suffered by the creditor is not necessary in order that the penalty may be demanded. (n)
Art. 1229. The judge shall equitably reduce the penalty when the principal obligation has been partly or irregularly complied with by the debtor.
Even if there has been no performance, the penalty may also be reduced by the courts if it is iniquitous or unconscionable. (1154a)
Art. 1230. The nullity of the penal clause does not carry with it that of the principal obligation.
The nullity of the principal obligation carries with it that of the penal clause. (1155)
CHAPTER 4
EXTINGUISHMENT OF OBLIGATIONS
GENERAL PROVISIONS
Art. 1231. Obligations are extinguished:
(1) By payment or performance:
(2) By the loss of the thing due:
(3) By the condonation or remission of the debt;
(4) By the confusion or merger of the rights of creditor and debtor;
(5) By compensation;
(6) By novation.
Other causes of extinguishment of obligations, such as annulment, rescission, fulfillment of a resolutory condition, and prescription, are governed
elsewhere in this Code. (1156a)
SECTION 1. - Payment or Performance

113 | M a r t i n e z
Art. 1232. Payment means not only the delivery of money but also the performance, in any other manner, of an obligation. (n)
Art. 1233. A debt shall not be understood to have been paid unless the thing or service in which the obligation consists has been completely
delivered or rendered, as the case may be. (1157)
Art. 1234. If the obligation has been substantially performed in good faith, the obligor may recover as though there had been a strict and complete
fulfillment, less damages suffered by the obligee. (n)
Art. 1235. 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. (n)
Art. 1236. The creditor is not bound to accept payment or performance by a third person who has no interest in the fulfillment of the obligation,
unless there is a stipulation to the contrary.
Whoever pays for another may demand from the debtor what he has paid, except that if he paid without the knowledge or against the will of the
debtor, he can recover only insofar as the payment has been beneficial to the debtor. (1158a)
Art. 1237. Whoever pays on behalf of the debtor without the knowledge or against the will of the latter, cannot compel the creditor to subrogate him
in his rights, such as those arising from a mortgage, guaranty, or penalty. (1159a)
Art. 1238. Payment made by a third person who does not intend to be reimbursed by the debtor is deemed to be a donation, which requires the
debtor's consent. But the payment is in any case valid as to the creditor who has accepted it. (n)
Art. 1239. In obligations to give, payment made by one who does not have the free disposal of the thing due and capacity to alienate it shall not be
valid, without prejudice to the provisions of Article 1427 under the Title on "Natural Obligations." (1160a)
Art. 1240. Payment shall be made to the person in whose favor the obligation has been constituted, or his successor in interest, or any person
authorized to receive it. (1162a)
Art. 1241. Payment to a person who is incapacitated to administer his property shall be valid if he has kept the thing delivered, or insofar as the
payment has been beneficial to him.
Payment made to a third person shall also be valid insofar as it has redounded to the benefit of the creditor. Such benefit to the creditor need not
be proved in the following cases:
(1) If after the payment, the third person acquires the creditor's rights;
(2) If the creditor ratifies the payment to the third person;
(3) If by the creditor's conduct, the debtor has been led to believe that the third person had authority to receive the payment. (1163a)
Art. 1242. Payment made in good faith to any person in possession of the credit shall release the debtor. (1164)
Art. 1243. Payment made to the creditor by the debtor after the latter has been judicially ordered to retain the debt shall not be valid. (1165)
Art. 1244. The debtor of a thing cannot compel the creditor to receive a different one, although the latter may be of the same value as, or more
valuable than that which is due.
In obligations to do or not to do, an act or forbearance cannot be substituted by another act or forbearance against the obligee's will. (1166a)
Art. 1245. Dation in payment, whereby property is alienated to the creditor in satisfaction of a debt in money, shall be governed by the law of sales.
(n)
Art. 1246. When the obligation consists in the delivery of an indeterminate or generic thing, whose quality and circumstances have not been stated,
the creditor cannot demand a thing of superior quality. Neither can the debtor deliver a thing of inferior quality. The purpose of the obligation and
other circumstances shall be taken into consideration. (1167a)
Art. 1247. Unless it is otherwise stipulated, the extrajudicial expenses required by the payment shall be for the account of the debtor. With regard to
judicial costs, the Rules of Court shall govern. (1168a)
Art. 1248. Unless there is an express stipulation to that effect, the creditor cannot be compelled partially to receive the prestations in which the
obligation consists. Neither may the debtor be required to make partial payments.
114 | M a r t i n e z
However, when the debt is in part liquidated and in part unliquidated, the creditor may demand and the debtor may effect the payment of the former
without waiting for the liquidation of the latter. (1169a)
Art. 1249. 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.
The delivery of promissory notes payable to order, or bills of exchange or other mercantile documents shall produce the effect of payment only
when they have been cashed, or when through the fault of the creditor they have been impaired.
In the meantime, the action derived from the original obligation shall be held in the abeyance. (1170)
Art. 1250. In case an extraordinary inflation or deflation of the currency stipulated should supervene, the value of the currency at the time of the
establishment of the obligation shall be the basis of payment, unless there is an agreement to the contrary. (n)
Art. 1251. Payment shall be made in the place designated in the obligation.
There being no express stipulation and if the undertaking is to deliver a determinate thing, the payment shall be made wherever the thing might be
at the moment the obligation was constituted.
In any other case the place of payment shall be the domicile of the debtor.
If the debtor changes his domicile in bad faith or after he has incurred in delay, the additional expenses shall be borne by him.
These provisions are without prejudice to venue under the Rules of Court. (1171a)
SUBSECTION 1. - Application of Payments
Art. 1252. He who has various debts of the same kind in favor of one and the same creditor, may declare at the time of making the payment, to
which of them the same must be applied. Unless the parties so stipulate, or when the application of payment is made by the party for whose benefit
the term has been constituted, application shall not be made as to debts which are not yet due.
If the debtor accepts from the creditor a receipt in which an application of the payment is made, the former cannot complain of the same, unless
there is a cause for invalidating the contract. (1172a)
Art. 1253. If the debt produces interest, payment of the principal shall not be deemed to have been made until the interests have been covered.
(1173)
Art. 1254. When the payment cannot be applied in accordance with the preceding rules, or if application can not be inferred from other
circumstances, the debt which is most onerous to the debtor, among those due, shall be deemed to have been satisfied.
If the debts due are of the same nature and burden, the payment shall be applied to all of them proportionately. (1174a)
SUBSECTION 2. - Payment by Cession
Art. 1255. The debtor may cede or assign his property to his creditors in payment of his debts. This cession, unless there is stipulation to the
contrary, shall only release the debtor from responsibility for the net proceeds of the thing assigned. The agreements which, on the effect of the
cession, are made between the debtor and his creditors shall be governed by special laws. (1175a)
SUBSECTION 3. - Tender of Payment and Consignation
Art. 1256. If the creditor to whom tender of payment has been made refuses without just cause to accept it, the debtor shall be released from
responsibility by the consignation of the thing or sum due.
Consignation alone shall produce the same effect in the following cases:
(1) When the creditor is absent or unknown, or does not appear at the place of payment;
(2) When he is incapacitated to receive the payment at the time it is due;
(3) When, without just cause, he refuses to give a receipt;
(4) When two or more persons claim the same right to collect;
115 | M a r t i n e z
(5) When the title of the obligation has been lost. (1176a)
Art. 1257. In order that the consignation of the thing due may release the obligor, it must first be announced to the persons interested in the
fulfillment of the obligation.
The consignation shall be ineffectual if it is not made strictly in consonance with the provisions which regulate payment. (1177)
Art. 1258. Consignation shall be made by depositing the things due at the disposal of judicial authority, before whom the tender of payment shall be
proved, in a proper case, and the announcement of the consignation in other cases.
The consignation having been made, the interested parties shall also be notified thereof. (1178)
Art. 1259. The expenses of consignation, when properly made, shall be charged against the creditor. (1178)
Art. 1260. Once the consignation has been duly made, the debtor may ask the judge to order the cancellation of the obligation.
Before the creditor has accepted the consignation, or before a judicial declaration that the consignation has been properly made, the debtor may
withdraw the thing or the sum deposited, allowing the obligation to remain in force. (1180)
Art. 1261. If, the consignation having been made, the creditor should authorize the debtor to withdraw the same, he shall lose every preference
which he may have over the thing. The co-debtors, guarantors and sureties shall be released. (1181a)
SECTION 2. - Loss of the Thing Due
Art. 1262. An obligation which consists in the delivery of a determinate thing shall be extinguished if it should be lost or destroyed without the fault
of the debtor, and before he has incurred in delay.
When by law or stipulation, the obligor is liable even for fortuitous events, the loss of the thing does not extinguish the obligation, and he shall be
responsible for damages. The same rule applies when the nature of the obligation requires the assumption of risk. (1182a)
Art. 1263. In an obligation to deliver a generic thing, the loss or destruction of anything of the same kind does not extinguish the obligation. (n)
Art. 1264. The courts shall determine whether, under the circumstances, the partial loss of the object of the obligation is so important as to
extinguish the obligation. (n)
Art. 1265. Whenever the thing is lost in the possession of the debtor, it shall be presumed that the loss was due to his fault, unless there is proof to
the contrary, and without prejudice to the provisions of article 1165. This presumption does not apply in case of earthquake, flood, storm, or other
natural calamity. (1183a)
Art. 1266. The debtor in obligations to do shall also be released when the prestation becomes legally or physically impossible without the fault of
the obligor. (1184a)
Art. 1267. When the service has become so difficult as to be manifestly beyond the contemplation of the parties, the obligor may also be released
therefrom, in whole or in part. (n)
Art. 1268. When the debt of a thing certain and determinate proceeds from a criminal offense, the debtor shall not be exempted from the payment
of its price, whatever may be the cause for the loss, unless the thing having been offered by him to the person who should receive it, the latter
refused without justification to accept it. (1185)
Art. 1269. The obligation having been extinguished by the loss of the thing, the creditor shall have all the rights of action which the debtor may have
against third persons by reason of the loss. (1186)
SECTION 3. - Condonation or Remission of the Debt
Art. 1270. Condonation or remission is essentially gratuitous, and requires the acceptance by the obligor. It may be made expressly or impliedly.
One and the other kind shall be subject to the rules which govern inofficious donations. Express condonation shall, furthermore, comply with the
forms of donation. (1187)
Art. 1271. The delivery of a private document evidencing a credit, made voluntarily by the creditor to the debtor, implies the renunciation of the
action which the former had against the latter.
116 | M a r t i n e z
If in order to nullify this waiver it should be claimed to be inofficious, the debtor and his heirs may uphold it by proving that the delivery of the
document was made in virtue of payment of the debt. (1188)
Art. 1272. Whenever the private document in which the debt appears is found in the possession of the debtor, it shall be presumed that the creditor
delivered it voluntarily, unless the contrary is proved. (1189)
Art. 1273. The renunciation of the principal debt shall extinguish the accessory obligations; but the waiver of the latter shall leave the former in
force. (1190)
Art. 1274. It is presumed that the accessory obligation of pledge has been remitted when the thing pledged, after its delivery to the creditor, is found
in the possession of the debtor, or of a third person who owns the thing. (1191a)
SECTION 4. - Confusion or Merger of Rights
Art. 1275. The obligation is extinguished from the time the characters of creditor and debtor are merged in the same person. (1192a)
Art. 1276. Merger which takes place in the person of the principal debtor or creditor benefits the guarantors. Confusion which takes place in the
person of any of the latter does not extinguish the obligation. (1193)
Art. 1277. Confusion does not extinguish a joint obligation except as regards the share corresponding to the creditor or debtor in whom the two
characters concur. (1194)
SECTION 5. - Compensation
Art. 1278. Compensation shall take place when two persons, in their own right, are creditors and debtors of each other. (1195)
Art. 1279. In order that compensation may be proper, it is necessary:
(1) That each one of the obligors be bound principally, and that he be at the same time a principal creditor of the other;
(2) That both debts consist in a sum of money, or if the things due are consumable, they be of the same kind, and also of the same quality if the
latter has been stated;
(3) That the two debts be due;
(4) That they be liquidated and demandable;
(5) That over neither of them there be any retention or controversy, commenced by third persons and communicated in due time to the debtor.
(1196)
Art. 1280. Notwithstanding the provisions of the preceding article, the guarantor may set up compensation as regards what the creditor may owe
the principal debtor. (1197)
Art. 1281. Compensation may be total or partial. When the two debts are of the same amount, there is a total compensation. (n)
Art. 1282. The parties may agree upon the compensation of debts which are not yet due. (n)
Art. 1283. If one of the parties to a suit over an obligation has a claim for damages against the other, the former may set it off by proving his right to
said damages and the amount thereof. (n)
Art. 1284. When one or both debts are rescissible or voidable, they may be compensated against each other before they are judicially rescinded or
avoided. (n)
Art. 1285. The debtor who has consented to the assignment of rights made by a creditor in favor of a third person, cannot set up against the
assignee the compensation which would pertain to him against the assignor, unless the assignor was notified by the debtor at the time he gave his
consent, that he reserved his right to the compensation.
If the creditor communicated the cession to him but the debtor did not consent thereto, the latter may set up the compensation of debts previous to
the cession, but not of subsequent ones.
If the assignment is made without the knowledge of the debtor, he may set up the compensation of all credits prior to the same and also later ones
until he had knowledge of the assignment. (1198a)
117 | M a r t i n e z
Art. 1286. Compensation takes place by operation of law, even though the debts may be payable at different places, but there shall be an indemnity
for expenses of exchange or transportation to the place of payment. (1199a)
Art. 1287. Compensation shall not be proper when one of the debts arises from a depositum or from the obligations of a depositary or of a bailee in
commodatum.
Neither can compensation be set up against a creditor who has a claim for support due by gratuitous title, without prejudice to the provisions of
paragraph 2 of Article 301. (1200a)
Art. 1288. Neither shall there be compensation if one of the debts consists in civil liability arising from a penal offense. (n)
Art. 1289. If a person should have against him several debts which are susceptible of compensation, the rules on the application of payments shall
apply to the order of the compensation. (1201)
Art. 1290. When all the requisites mentioned in Article 1279 are present, compensation takes effect by operation of law, and extinguishes both
debts to the concurrent amount, even though the creditors and debtors are not aware of the compensation. (1202a)
SECTION 6. - Novation
Art. 1291. Obligations may be modified by:
(1) Changing their object or principal conditions;
(2) Substituting the person of the debtor;
(3) Subrogating a third person in the rights of the creditor. (1203)
Art. 1292. In order that an obligation may be extinguished by another which substitute the same, it is imperative that it be so declared in
unequivocal terms, or that the old and the new obligations be on every point incompatible with each other. (1204)
Art. 1293. Novation which consists in substituting a new debtor in the place of the original one, may be made even without the knowledge or
against the will of the latter, but not without the consent of the creditor. Payment by the new debtor gives him the rights mentioned in Articles 1236
and 1237. (1205a)
Art. 1294. If the substitution is without the knowledge or against the will of the debtor, the new debtor's insolvency or non-fulfillment of the
obligations shall not give rise to any liability on the part of the original debtor. (n)
Art. 1295. The insolvency of the new debtor, who has been proposed by the original debtor and accepted by the creditor, shall not revive the action
of the latter against the original obligor, except when said insolvency was already existing and of public knowledge, or known to the debtor, when
the delegated his debt. (1206a)
Art. 1296. When the principal obligation is extinguished in consequence of a novation, accessory obligations may subsist only insofar as they may
benefit third persons who did not give their consent. (1207)
Art. 1297. If the new obligation is void, the original one shall subsist, unless the parties intended that the former relation should be extinguished in
any event. (n)
Art. 1298. The novation is void if the original obligation was void, except when annulment may be claimed only by the debtor or when ratification
validates acts which are voidable. (1208a)
Art. 1299. If the original obligation was subject to a suspensive or resolutory condition, the new obligation shall be under the same condition, unless
it is otherwise stipulated. (n)
Art. 1300. Subrogation of a third person in the rights of the creditor is either legal or conventional. The former is not presumed, except in cases
expressly mentioned in this Code; the latter must be clearly established in order that it may take effect. (1209a)
Art. 1301. Conventional subrogation of a third person requires the consent of the original parties and of the third person. (n)
Art. 1302. It is presumed that there is legal subrogation:
(1) When a creditor pays another creditor who is preferred, even without the debtor's knowledge;
118 | M a r t i n e z
(2) When a third person, not interested in the obligation, pays with the express or tacit approval of the debtor;
(3) When, even without the knowledge of the debtor, a person interested in the fulfillment of the obligation pays, without prejudice to the effects of
confusion as to the latter's share. (1210a)
Art. 1303. Subrogation transfers to the persons subrogated the credit with all the rights thereto appertaining, either against the debtor or against
third person, be they guarantors or possessors of mortgages, subject to stipulation in a conventional subrogation. (1212a)
Art. 1304. A creditor, to whom partial payment has been made, may exercise his right for the remainder, and he shall be preferred to the person
who has been subrogated in his place in virtue of the partial payment of the same credit. (1213)
Title II.
CONTRACTS
CHAPTER 1
GENERAL PROVISIONS
Art. 1305. 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. (1254a)
Art. 1306. 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. (1255a)
Art. 1307. Innominate contracts shall be regulated by the stipulations of the parties, by the provisions of Titles I and II of this Book, by the rules
governing the most analogous nominate contracts, and by the customs of the place. (n)
Art. 1308. The contract must bind both contracting parties; its validity or compliance cannot be left to the will of one of them. (1256a)
Art. 1309. The determination of the performance may be left to a third person, whose decision shall not be binding until it has been made known to
both contracting parties. (n)
Art. 1310. The determination shall not be obligatory if it is evidently inequitable. In such case, the courts shall decide what is equitable under the
circumstances. (n)
Art. 1311. Contracts take effect only between the parties, their assigns and heirs, except in case where the rights and obligations arising from the
contract are not transmissible by their nature, or by stipulation or by provision of law. The heir is not liable beyond the value of the property he
received from the decedent.
If a contract should contain some stipulation in favor of a third person, he may demand its fulfillment provided he communicated his acceptance to
the obligor before its revocation. A mere incidental benefit or interest of a person is not sufficient. The contracting parties must have clearly and
deliberately conferred a favor upon a third person. (1257a)
Art. 1312. In contracts creating real rights, third persons who come into possession of the object of the contract are bound thereby, subject to the
provisions of the Mortgage Law and the Land Registration Laws. (n)
Art. 1313. Creditors are protected in cases of contracts intended to defraud them. (n)
Art. 1314. Any third person who induces another to violate his contract shall be liable for damages to the other contracting party. (n)
Art. 1315. 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. (1258)
Art. 1316. Real contracts, such as deposit, pledge and Commodatum, are not perfected until the delivery of the object of the obligation. (n)
119 | M a r t i n e z
Art. 1317. No one may contract in the name of another without being authorized by the latter, or unless he has by law a right to represent him.
A contract entered into in the name of another by one who has no authority or legal representation, or who has acted beyond his powers, shall be
unenforceable, unless it is ratified, expressly or impliedly, by the person on whose behalf it has been executed, before it is revoked by the other
contracting party. (1259a)
CHAPTER 2
ESSENTIAL REQUISITES OF CONTRACTS
GENERAL PROVISIONS
Art. 1318. 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. (1261)
SECTION 1. - Consent
Art. 1319. Consent is manifested by the meeting of the offer and the acceptance upon the thing and the cause which are to constitute the contract.
The offer must be certain and the acceptance absolute. A qualified acceptance constitutes a counter-offer.
Acceptance made by letter or telegram does not bind the offerer except from the time it came to his knowledge. The contract, in such a case, is
presumed to have been entered into in the place where the offer was made. (1262a)
Art. 1320. An acceptance may be express or implied. (n)
Art. 1321. The person making the offer may fix the time, place, and manner of acceptance, all of which must be complied with. (n)
Art. 1322. An offer made through an agent is accepted from the time acceptance is communicated to him. (n)
Art. 1323. An offer becomes ineffective upon the death, civil interdiction, insanity, or insolvency of either party before acceptance is conveyed. (n)
Art. 1324. When the offerer has allowed the offeree a certain period to accept, the offer may be withdrawn at any time before acceptance by
communicating such withdrawal, except when the option is founded upon a consideration, as something paid or promised. (n)
Art. 1325. Unless it appears otherwise, business advertisements of things for sale are not definite offers, but mere invitations to make an offer. (n)
Art. 1326. Advertisements for bidders are simply invitations to make proposals, and the advertiser is not bound to accept the highest or lowest
bidder, unless the contrary appears. (n)
Art. 1327. The following cannot give consent to a contract:
(1) Unemancipated minors;
(2) Insane or demented persons, and deaf-mutes who do not know how to write. (1263a)
Art. 1328. Contracts entered into during a lucid interval are valid. Contracts agreed to in a state of drunkenness or during a hypnotic spell are
voidable. (n)
Art. 1329. The incapacity declared in Article 1327 is subject to the modifications determined by law, and is understood to be without prejudice to
special disqualifications established in the laws. (1264)
Art. 1330. A contract where consent is given through mistake, violence, intimidation, undue influence, or fraud is voidable. (1265a)
120 | M a r t i n e z
Art. 1331. In order that mistake may invalidate consent, it should refer to the substance of the thing which is the object of the contract, or to those
conditions which have principally moved one or both parties to enter into the contract.
Mistake as to the identity or qualifications of one of the parties will vitiate consent only when such identity or qualifications have been the principal
cause of the contract.
A simple mistake of account shall give rise to its correction. (1266a)
Art. 1332. When one of the parties is unable to read, or if the contract is in a language not understood by him, and mistake or fraud is alleged, the
person enforcing the contract must show that the terms thereof have been fully explained to the former. (n)
Art. 1333. There is no mistake if the party alleging it knew the doubt, contingency or risk affecting the object of the contract. (n)
Art. 1334. Mutual error as to the legal effect of an agreement when the real purpose of the parties is frustrated, may vitiate consent. (n)
Art. 1335. There is violence when in order to wrest consent, serious or irresistible force is employed.
There is intimidation when one of the contracting parties is compelled by a reasonable and well-grounded fear of an imminent and grave evil upon
his person or property, or upon the person or property of his spouse, descendants or ascendants, to give his consent.
To determine the degree of intimidation, the age, sex and condition of the person shall be borne in mind.
A threat to enforce one's claim through competent authority, if the claim is just or legal, does not vitiate consent. (1267a)
Art. 1336. Violence or intimidation shall annul the obligation, although it may have been employed by a third person who did not take part in the
contract. (1268)
Art. 1337. 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. The following circumstances shall be considered: the confidential, family, spiritual and other relations between the
parties, or the fact that the person alleged to have been unduly influenced was suffering from mental weakness, or was ignorant or in financial
distress. (n)
Art. 1338. 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. (1269)
Art. 1339. Failure to disclose facts, when there is a duty to reveal them, as when the parties are bound by confidential relations, constitutes fraud.
(n)
Art. 1340. The usual exaggerations in trade, when the other party had an opportunity to know the facts, are not in themselves fraudulent. (n)
Art. 1341. 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. (n)
Art. 1342. Misrepresentation by a third person does not vitiate consent, unless such misrepresentation has created substantial mistake and the
same is mutual. (n)
Art. 1343. Misrepresentation made in good faith is not fraudulent but may constitute error. (n)
Art. 1344. In order that fraud may make a contract voidable, it should be serious and should not have been employed by both contracting parties.
Incidental fraud only obliges the person employing it to pay damages. (1270)
Art. 1345. Simulation of a contract may be absolute or relative. The former takes place when the parties do not intend to be bound at all; the latter,
when the parties conceal their true agreement. (n)
Art. 1346. An absolutely simulated or fictitious contract is void. A relative simulation, when it does not prejudice a third person and is not intended
for any purpose contrary to law, morals, good customs, public order or public policy binds the parties to their real agreement. (n)
SECTION 2. - Object of Contracts
Art. 1347. All things which are not outside the commerce of men, including future things, may be the object of a contract. All rights which are not
intransmissible may also be the object of contracts.
121 | M a r t i n e z
No contract may be entered into upon future inheritance except in cases expressly authorized by law.
All services which are not contrary to law, morals, good customs, public order or public policy may likewise be the object of a contract. (1271a)
Art. 1348. Impossible things or services cannot be the object of contracts. (1272)
Art. 1349. The object of every contract must be determinate 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. (1273)
SECTION 3. - Cause of Contracts
Art. 1350. 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.
(1274)
Art. 1351. The particular motives of the parties in entering into a contract are different from the cause thereof. (n)
Art. 1352. Contracts without cause, or with unlawful cause, produce no effect whatever. The cause is unlawful if it is contrary to law, morals, good
customs, public order or public policy. (1275a)
Art. 1353. The statement of a false cause in contracts shall render them void, if it should not be proved that they were founded upon another cause
which is true and lawful. (1276)
Art. 1354. Although the cause is not stated in the contract, it is presumed that it exists and is lawful, unless the debtor proves the contrary. (1277)
Art. 1355. 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. (n)
CHAPTER 3
FORM OF CONTRACTS
Art. 1356. Contracts shall be obligatory, in whatever form they may have been entered into, provided all the essential requisites for their validity are
present. However, when the law requires that a contract be in some form in order that it may be valid or enforceable, or that a contract be proved in
a certain way, that requirement is absolute and indispensable. In such cases, the right of the parties stated in the following article cannot be
exercised. (1278a)
Art. 1357. If the law requires a document or other special form, as in the acts and contracts enumerated in the following article, the contracting
parties may compel each other to observe that form, once the contract has been perfected. This right may be exercised simultaneously with the
action upon the contract. (1279a)
Art. 1358. The following must appear in a public document:
(1) Acts and contracts which have for their object the creation, transmission, modification or extinguishment of real rights over immovable property;
sales of real property or of an interest therein a governed by Articles 1403, No. 2, and 1405;
(2) The cession, repudiation or renunciation of hereditary rights or of those of the conjugal partnership of gains;
(3) The power to administer property, or any other power which has for its object an act appearing or which should appear in a public document, or
should prejudice a third person;
(4) The cession of actions or rights proceeding from an act appearing in a public document.
All other contracts where the amount involved exceeds five hundred pesos must appear in writing, even a private one. But sales of goods, chattels
or things in action are governed by Articles, 1403, No. 2 and 1405. (1280a)
122 | M a r t i n e z
CHAPTER 4
REFORMATION OF INSTRUMENTS (n)
Art. 1359. When, there having been a meeting of the minds of the parties to a contract, their true intention is not expressed in the instrument
purporting to embody the agreement, by reason of mistake, fraud, inequitable conduct or accident, one of the parties may ask for the reformation of
the instrument to the end that such true intention may be expressed.
If mistake, fraud, inequitable conduct, or accident has prevented a meeting of the minds of the parties, the proper remedy is not reformation of the
instrument but annulment of the contract.
Art. 1360. 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.
Art. 1361. When a mutual mistake of the parties causes the failure of the instrument to disclose their real agreement, said instrument may be
reformed.
Art. 1362. 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.
Art. 1363. 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.
Art. 1364. When through the 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.
Art. 1365. If two parties agree upon the mortgage or pledge of real or personal property, but the instrument states that the property is sold
absolutely or with a right of repurchase, reformation of the instrument is proper.
Art. 1366. There shall be no reformation in the following cases:
(1) Simple donations inter vivos wherein no condition is imposed;
(2) Wills;
(3) When the real agreement is void.
Art. 1367. When one of the parties has brought an action to enforce the instrument, he cannot subsequently ask for its reformation.
Art. 1368. Reformation may be ordered at the instance of either party or his successors in interest, if the mistake was mutual; otherwise, upon
petition of the injured party, or his heirs and assigns.
Art. 1369. The procedure for the reformation of instrument shall be governed by rules of court to be promulgated by the Supreme Court.
CHAPTER 5
INTERPRETATION OF CONTRACTS
Art. 1370. 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. (1281)
123 | M a r t i n e z
Art. 1371. In order to judge the intention of the contracting parties, their contemporaneous and subsequent acts shall be principally considered.
(1282)
Art. 1372. However general the terms of a contract may be, they shall not be understood to comprehend things that are distinct and cases that are
different from those upon which the parties intended to agree. (1283)
Art. 1373. 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. (1284)
Art. 1374. 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. (1285)
Art. 1375. Words which may have different significations shall be understood in that which is most in keeping with the nature and object of the
contract. (1286)
Art. 1376. The usage or custom of the place shall be borne in mind in the interpretation of the ambiguities of a contract, and shall fill the omission of
stipulations which are ordinarily established. (1287)
Art. 1377. The interpretation of obscure words or stipulations in a contract shall not favor the party who caused the obscurity. (1288)
Art. 1378. 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. (1289)
Art. 1379. The principles of interpretation stated in Rule 123 of the Rules of Court shall likewise be observed in the construction of contracts. (n)
CHAPTER 6
RESCISSIBLE CONTRACTS
Art. 1380. Contracts validly agreed upon may be rescinded in the cases established by law. (1290)
Art. 1381. The following contracts are rescissible:
(1) Those which are entered into by guardians whenever the wards whom they represent suffer lesion by more than one-fourth of the value of the
things which are the object thereof;
(2) Those agreed upon in representation of absentees, if the latter suffer the lesion stated in the preceding number;
(3) Those undertaken in fraud of creditors when the latter cannot in any other manner collect the claims due them;
(4) Those which refer to things under litigation if they have been entered into by the defendant without the knowledge and approval of the litigants
or of competent judicial authority;
(5) All other contracts specially declared by law to be subject to rescission. (1291a)
Art. 1382. Payments made in a state of insolvency for obligations to whose fulfillment the debtor could not be compelled at the time they were
effected, are also rescissible. (1292)
Art. 1383. The action for rescission is subsidiary; it cannot be instituted except when the party suffering damage has no other legal means to obtain
reparation for the same. (1294)
Art. 1384. Rescission shall be only to the extent necessary to cover the damages caused. (n)
124 | M a r t i n e z
Art. 1385. Rescission creates the obligation to return the things which were the object of the contract, together with their fruits, and the price with its
interest; consequently, it can be carried out only when he who demands rescission can return whatever he may be obliged to restore.
Neither shall rescission take place when the things which are the object of the contract are legally in the possession of third persons who did not act
in bad faith.
In this case, indemnity for damages may be demanded from the person causing the loss. (1295)
Art. 1386. Rescission referred to in Nos. 1 and 2 of Article 1381 shall not take place with respect to contracts approved by the courts. (1296a)
Art. 1387. All contracts by virtue of which the debtor alienates property by gratuitous title are presumed to have been entered into in fraud of
creditors, when the donor did not reserve sufficient property to pay all debts contracted before the donation.
Alienations by onerous title are also presumed fraudulent when made by persons against whom some judgment has been issued. The decision or
attachment need not refer to the property alienated, and need not have been obtained by the party seeking the rescission.
In addition to these presumptions, the design to defraud creditors may be proved in any other manner recognized by the law of evidence. (1297a)
Art. 1388. Whoever acquires in bad faith the things alienated in fraud of creditors, shall indemnify the latter for damages suffered by them on
account of the alienation, whenever, due to any cause, it should be impossible for him to return them.
If there are two or more alienations, the first acquirer shall be liable first, and so on successively. (1298a)
Art. 1389. The action to claim rescission must be commenced within four years.
For persons under guardianship and for absentees, the period of four years shall not begin until the termination of the former's incapacity, or until
the domicile of the latter is known. (1299)
CHAPTER 7
VOIDABLE CONTRACTS
Art. 1390. 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.
These contracts are binding, unless they are annulled by a proper action in court. They are susceptible of ratification. (n)
Art. 1391. The action for annulment shall be brought within four years.
This period shall begin:
In cases of intimidation, violence or undue influence, from the time the defect of the consent ceases.
In case of mistake or fraud, from the time of the discovery of the same.
And when the action refers to contracts entered into by minors or other incapacitated persons, from the time the guardianship ceases. (1301a)
Art. 1392. Ratification extinguishes the action to annul a voidable contract. (1309a)
Art. 1393. Ratification may be effected expressly or tacitly. It is understood that there is a tacit ratification if, with knowledge of the reason which
renders the contract voidable and such reason having ceased, the person who has a right to invoke it should execute an act which necessarily
implies an intention to waive his right. (1311a)
125 | M a r t i n e z
Art. 1394. Ratification may be effected by the guardian of the incapacitated person. (n)
Art. 1395. Ratification does not require the conformity of the contracting party who has no right to bring the action for annulment. (1312)
Art. 1396. Ratification cleanses the contract from all its defects from the moment it was constituted. (1313)
Art. 1397. The action for the annulment of contracts may be instituted by all who are thereby obliged principally or subsidiarily. However, persons
who are capable cannot allege the incapacity of those with whom they contracted; nor can those who exerted intimidation, violence, or undue
influence, or employed fraud, or caused mistake base their action upon these flaws of the contract. (1302a)
Art. 1398. An obligation having been annulled, the contracting parties shall restore to each other the things which have been the subject matter of
the contract, with their fruits, and the price with its interest, except in cases provided by law.
In obligations to render service, the value thereof shall be the basis for damages. (1303a)
Art. 1399. When the defect of the contract consists in the incapacity of one of the parties, the incapacitated person is not obliged to make any
restitution except insofar as he has been benefited by the thing or price received by him. (1304)
Art. 1400. Whenever the person obliged by the decree of annulment to return the thing can not do so because it has been lost through his fault, he
shall return the fruits received and the value of the thing at the time of the loss, with interest from the same date. (1307a)
Art. 1401. The action for annulment of contracts shall be extinguished when the thing which is the object thereof is lost through the fraud or fault of
the person who has a right to institute the proceedings.
If the right of action is based upon the incapacity of any one of the contracting parties, the loss of the thing shall not be an obstacle to the success
of the action, unless said loss took place through the fraud or fault of the plaintiff. (1314a)
Art. 1402. As long as one of the contracting parties does not restore what in virtue of the decree of annulment he is bound to return, the other
cannot be compelled to comply with what is incumbent upon him. (1308)
CHAPTER 8
UNENFORCEABLE CONTRACTS (n)
Art. 1403. The following contracts are unenforceable, unless they are ratified:
(1) Those entered into in the name of another person by one who has been given no authority or legal representation, or who has acted beyond his
powers;
(2) Those that do not comply with the Statute of Frauds as set forth in this number. In the following cases an agreement hereafter made shall be
unenforceable by action, unless the same, or some note or memorandum, thereof, be in writing, and subscribed by the party charged, or by his
agent; evidence, therefore, of the agreement cannot be received without the writing, or a secondary evidence of its contents:
(a) An agreement that by its terms is not to be performed within a year from the making thereof;
(b) A special promise to answer for the debt, default, or miscarriage of another;
(c) An agreement made in consideration of marriage, other than a mutual promise to marry;
(d) An agreement for the sale of goods, chattels or things in action, at a price not less than five hundred pesos, unless the buyer accept and receive
part of such goods and chattels, or the evidences, or some of them, of such things in action or pay at the time some part of the purchase money;
but when a sale is made by auction and entry is made by the auctioneer in his sales book, at the time of the sale, of the amount and kind of
property sold, terms of sale, price, names of the purchasers and person on whose account the sale is made, it is a sufficient memorandum;
(e) An agreement of the leasing for a longer period than one year, or for the sale of real property or of an interest therein;
(f) A representation as to the credit of a third person.

126 | M a r t i n e z
(3) Those where both parties are incapable of giving consent to a contract.
Art. 1404. Unauthorized contracts are governed by Article 1317 and the principles of agency in Title X of this Book.
Art. 1405. Contracts infringing the Statute of Frauds, referred to in No. 2 of Article 1403, are ratified by the failure to object to the presentation of
oral evidence to prove the same, or by the acceptance of benefit under them.
Art. 1406. When a contract is enforceable under the Statute of Frauds, and a public document is necessary for its registration in the Registry of
Deeds, the parties may avail themselves of the right under Article 1357.
Art. 1407. In a contract where both parties are incapable of giving consent, express or implied ratification by the parent, or guardian, as the case
may be, of one of the contracting parties shall give the contract the same effect as if only one of them were incapacitated.
If ratification is made by the parents or guardians, as the case may be, of both contracting parties, the contract shall be validated from the inception.
Art. 1408. Unenforceable contracts cannot be assailed by third persons.
CHAPTER 9
VOID AND INEXISTENT CONTRACTS
Art. 1409. 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;
(2) Those which are absolutely simulated or fictitious;
(3) Those whose cause or object did not exist at the time of the transaction;
(4) Those whose object is outside the commerce of men;
(5) Those which contemplate an impossible service;
(6) Those where the intention of the parties relative to the principal object of the contract cannot be ascertained;
(7) Those expressly prohibited or declared void by law.
These contracts cannot be ratified. Neither can the right to set up the defense of illegality be waived.
Art. 1410. The action or defense for the declaration of the inexistence of a contract does not prescribe.
Art. 1411. When the nullity proceeds from the illegality of the cause or object of the contract, and the act constitutes a criminal offense, both parties
being in pari delicto, they shall have no action against each other, and both shall be prosecuted. Moreover, the provisions of the Penal Code
relative to the disposal of effects or instruments of a crime shall be applicable to the things or the price of the contract.
This rule shall be applicable when only one of the parties is guilty; but the innocent one may claim what he has given, and shall not be bound to
comply with his promise. (1305)
Art. 1412. If the act in which the unlawful or forbidden cause consists does not constitute a criminal offense, the following rules shall be observed:
(1) When the fault is on the part of both contracting parties, neither may recover what he has given by virtue of the contract, or demand the
performance of the other's undertaking;
(2) When only one of the contracting parties is at fault, he cannot recover what he has given by reason of the contract, or ask for the fulfillment of
what has been promised him. The other, who is not at fault, may demand the return of what he has given without any obligation to comply his
promise. (1306)
127 | M a r t i n e z
Art. 1413. Interest paid in excess of the interest allowed by the usury laws may be recovered by the debtor, with interest thereon from the date of
the payment.
Art. 1414. When money is paid or property delivered for an illegal purpose, the contract may be repudiated by one of the parties before the purpose
has been accomplished, or before any damage has been caused to a third person. In such case, the courts may, if the public interest will thus be
subserved, allow the party repudiating the contract to recover the money or property.
Art. 1415. Where one of the parties to an illegal contract is incapable of giving consent, the courts may, if the interest of justice so demands allow
recovery of money or property delivered by the incapacitated person.
Art. 1416. When the agreement is not illegal per se but is merely prohibited, and the prohibition by the law is designated for the protection of the
plaintiff, he may, if public policy is thereby enhanced, recover what he has paid or delivered.
Art. 1417. When the price of any article or commodity is determined by statute, or by authority of law, any person paying any amount in excess of
the maximum price allowed may recover such excess.
Art. 1418. When the law fixes, or authorizes the fixing of the maximum number of hours of labor, and a contract is entered into whereby a laborer
undertakes to work longer than the maximum thus fixed, he may demand additional compensation for service rendered beyond the time limit.
Art. 1419. When the law sets, or authorizes the setting of a minimum wage for laborers, and a contract is agreed upon by which a laborer accepts a
lower wage, he shall be entitled to recover the deficiency.
Art. 1420. In case of a divisible contract, if the illegal terms can be separated from the legal ones, the latter may be enforced.
Art. 1421. The defense of illegality of contract is not available to third persons whose interests are not directly affected.
Art. 1422. A contract which is the direct result of a previous illegal contract, is also void and inexistent.
Title III.
NATURAL OBLIGATIONS
Art. 1423. Obligations are civil or natural. Civil obligations give a right of action to compel their performance. Natural obligations, not being based on
positive law but on equity and natural law, do not grant a right of action to enforce their performance, but after voluntary fulfillment by the obligor,
they authorize the retention of what has been delivered or rendered by reason thereof. Some natural obligations are set forth in the following
articles.
Art. 1424. When a right to sue upon a civil obligation has lapsed by extinctive prescription, the obligor who voluntarily performs the contract cannot
recover what he has delivered or the value of the service he has rendered.
Art. 1425. When without the knowledge or against the will of the debtor, a third person pays a debt which the obligor is not legally bound to pay
because the action thereon has prescribed, but the debtor later voluntarily reimburses the third person, the obligor cannot recover what he has
paid.
Art. 1426. When a minor between eighteen and twenty-one years of age who has entered into a contract without the consent of the parent or
guardian, after the annulment of the contract voluntarily returns the whole thing or price received, notwithstanding the fact the he has not been
benefited thereby, there is no right to demand the thing or price thus returned.
Art. 1427. When a minor between eighteen and twenty-one years of age, who has entered into a contract without the consent of the parent or
guardian, voluntarily pays a sum of money or delivers a fungible thing in fulfillment of the obligation, there shall be no right to recover the same from
the obligee who has spent or consumed it in good faith. (1160A)
Art. 1428. 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.
Art. 1429. When a testate or intestate heir voluntarily pays a debt of the decedent exceeding the value of the property which he received by will or
by the law of intestacy from the estate of the deceased, the payment is valid and cannot be rescinded by the payer.
128 | M a r t i n e z
Art. 1430. When a will is declared void because it has not been executed in accordance with the formalities required by law, but one of the intestate
heirs, after the settlement of the debts of the deceased, pays a legacy in compliance with a clause in the defective will, the payment is effective and
irrevocable.
Title IV.
ESTOPPEL (n)
Art. 1431. Through estoppel an admission or representation is rendered conclusive upon the person making it, and cannot be denied or disproved
as against the person relying thereon.
Art. 1432. The principles of estoppel are hereby adopted insofar as they are not in conflict with the provisions of this Code, the Code of Commerce,
the Rules of Court and special laws.
Art. 1433. Estoppel may be in pais or by deed.
Art. 1434. When a person who is not the owner of a thing sells or alienates and delivers it, and later the seller or grantor acquires title thereto, such
title passes by operation of law to the buyer or grantee.
Art. 1435. If a person in representation of another sells or alienates a thing, the former cannot subsequently set up his own title as against the buyer
or grantee.
Art. 1436. A lessee or a bailee is estopped from asserting title to the thing leased or received, as against the lessor or bailor.
Art. 1437. When in a contract between third persons concerning immovable property, one of them is misled by a person with respect to the
ownership or real right over the real estate, the latter is precluded from asserting his legal title or interest therein, provided all these requisites are
present:
(1) There must be fraudulent representation or wrongful concealment of facts known to the party estopped;
(2) The party precluded must intend that the other should act upon the facts as misrepresented;
(3) The party misled must have been unaware of the true facts; and
(4) The party defrauded must have acted in accordance with the misrepresentation.
Art. 1438. One who has allowed another to assume apparent ownership of personal property for the purpose of making any transfer of it, cannot, if
he received the sum for which a pledge has been constituted, set up his own title to defeat the pledge of the property, made by the other to a
pledgee who received the same in good faith and for value.
Art. 1439. Estoppel is effective only as between the parties thereto or their successors in interest.
Title V.
TRUSTS (n)
CHAPTER 1
GENERAL PROVISIONS
129 | M a r t i n e z
Art. 1440. A person who establishes a trust is called the trustor; one in whom confidence is reposed as regards property for the benefit of another
person is known as the trustee; and the person for whose benefit the trust has been created is referred to as the beneficiary.
Art. 1441. Trusts are either express or implied. Express trusts are created by the intention of the trustor or of the parties. Implied trusts come into
being by operation of law.
Art. 1442. The principles of the general law of trusts, insofar as they are not in conflict with this Code, the Code of Commerce, the Rules of Court
and special laws are hereby adopted.
CHAPTER 2
EXPRESS TRUSTS
Art. 1443. No express trusts concerning an immovable or any interest therein may be proved by parol evidence.
Art. 1444. No particular words are required for the creation of an express trust, it being sufficient that a trust is clearly intended.
Art. 1445. No trust shall fail because the trustee appointed declines the designation, unless the contrary should appear in the instrument
constituting the trust.
Art. 1446. Acceptance by the beneficiary is necessary. Nevertheless, if the trust imposes no onerous condition upon the beneficiary, his acceptance
shall be presumed, if there is no proof to the contrary.
CHAPTER 3
IMPLIED TRUSTS
Art. 1447. The enumeration of the following cases of implied trust does not exclude others established by the general law of trust, but the limitation
laid down in Article 1442 shall be applicable.
Art. 1448. There is an implied trust when property is sold, and the legal estate is granted to one party but the price is paid by another for the
purpose of having the beneficial interest of the property. The former is the trustee, while the latter is the beneficiary. However, if the person to
whom the title is conveyed is a child, legitimate or illegitimate, of the one paying the price of the sale, no trust is implied by law, it being disputably
presumed that there is a gift in favor of the child.
Art. 1449. 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.
Art. 1450. If the price of a sale of property is loaned or paid by one person for the benefit of another and the conveyance is made to the lender or
payor to secure the payment of the debt, a trust arises by operation of law in favor of the person to whom the money is loaned or for whom its is
paid. The latter may redeem the property and compel a conveyance thereof to him.
Art. 1451. When land passes by succession to any person and he causes the legal title to be put in the name of another, a trust is established by
implication of law for the benefit of the true owner.
Art. 1452. If two or more persons agree to purchase property and by common consent the legal title is taken in the name of one of them for the
benefit of all, a trust is created by force of law in favor of the others in proportion to the interest of each.
Art. 1453. When property is conveyed to a person in reliance upon his declared intention to hold it for, or transfer it to another or the grantor, there
is an implied trust in favor of the person whose benefit is contemplated.
130 | M a r t i n e z
Art. 1454. 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. If the fulfillment of the obligation is offered by the grantor when it becomes due, he may demand the
reconveyance of the property to him.
Art. 1455. When any trustee, guardian or other person holding a fiduciary relationship uses trust funds for the purchase of property and causes the
conveyance to be made to him or to a third person, a trust is established by operation of law in favor of the person to whom the funds belong.
Art. 1456. If property is acquired through mistake or fraud, the person obtaining it is, by force of law, considered a trustee of an implied trust for the
benefit of the person from whom the property comes.
Art. 1457. An implied trust may be proved by oral evidence.
Title VI.
SALES
CHAPTER 1
NATURE AND FORM OF THE CONTRACT
Art. 1458. By the contract of sale one of the contracting parties obligates himself to transfer the ownership and to deliver a determinate thing, and
the other to pay therefor a price certain in money or its equivalent.
A contract of sale may be absolute or conditional. (1445a)
Art. 1459. The thing must be licit and the vendor must have a right to transfer the ownership thereof at the time it is delivered. (n)
Art. 1460. A thing is determinate when it is particularly designated or physical segregated from all other of the same class.
The requisite that a thing be determinate is satisfied if at the time the contract is entered into, the thing is capable of being made determinate
without the necessity of a new or further agreement between the parties. (n)
Art. 1461. Things having a potential existence may be the object of the contract of sale.
The efficacy of the sale of a mere hope or expectancy is deemed subject to the condition that the thing will come into existence.
The sale of a vain hope or expectancy is void. (n)
Art. 1462. The goods which form the subject of a contract of sale may be either existing goods, owned or possessed by the seller, or goods to be
manufactured, raised, or acquired by the seller after the perfection of the contract of sale, in this Title called "future goods."
There may be a contract of sale of goods, whose acquisition by the seller depends upon a contingency which may or may not happen. (n)
Art. 1463. The sole owner of a thing may sell an undivided interest therein. (n)
Art. 1464. In the case of fungible goods, there may be a sale of an undivided share of a specific mass, though the seller purports to sell and the
buyer to buy a definite number, weight or measure of the goods in the mass, and though the number, weight or measure of the goods in the mass
is undetermined. By such a sale the buyer becomes owner in common of such a share of the mass as the number, weight or measure bought
bears to the number, weight or measure of the mass. If the mass contains less than the number, weight or measure bought, the buyer becomes the
owner of the whole mass and the seller is bound to make good the deficiency from goods of the same kind and quality, unless a contrary intent
appears. (n)
Art. 1465. Things subject to a resolutory condition may be the object of the contract of sale. (n)
131 | M a r t i n e z
Art. 1466. In construing a contract containing provisions characteristic of both the contract of sale and of the contract of agency to sell, the essential
clauses of the whole instrument shall be considered. (n)
Art. 1467. A contract for the delivery at a certain price of an article which the vendor in the ordinary course of his business manufactures or
procures for the general market, whether the same is on hand at the time or not, is a contract of sale, but if the goods are to be manufactured
specially for the customer and upon his special order, and not for the general market, it is a contract for a piece of work. (n)
Art. 1468. 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. If such intention does not clearly appear, it shall be considered a barter if the value of the thing given as a part of
the consideration exceeds the amount of the money or its equivalent; otherwise, it is a sale. (1446a)
Art. 1469. In order that the price may be considered certain, it shall be sufficient that it be so with reference to another thing certain, or that the
determination thereof be left to the judgment of a special person or persons.
Should such person or persons be unable or unwilling to fix it, the contract shall be inefficacious, unless the parties subsequently agree upon the
price.
If the third person or persons acted in bad faith or by mistake, the courts may fix the price.
Where such third person or persons are prevented from fixing the price or terms by fault of the seller or the buyer, the party not in fault may have
such remedies against the party in fault as are allowed the seller or the buyer, as the case may be. (1447a)
Art. 1470. Gross inadequacy of price does not affect a contract of sale, except as it may indicate a defect in the consent, or that the parties really
intended a donation or some other act or contract. (n)
Art. 1471. If the price is simulated, the sale is void, but the act may be shown to have been in reality a donation, or some other act or contract. (n)
Art. 1472. The price of securities, grain, liquids, and other things shall also be considered certain, when the price fixed is that which the thing sold
would have on a definite day, or in a particular exchange or market, or when an amount is fixed above or below the price on such day, or in such
exchange or market, provided said amount be certain. (1448)
Art. 1473. The fixing of the price can never be left to the discretion of one of the contracting parties. However, if the price fixed by one of the parties
is accepted by the other, the sale is perfected. (1449a)
Art. 1474. Where the price cannot be determined in accordance with the preceding articles, or in any other manner, the contract is inefficacious.
However, if the thing or any part thereof has been delivered to and appropriated by the buyer he must pay a reasonable price therefor. What is a
reasonable price is a question of fact dependent on the circumstances of each particular case. (n)
Art. 1475. The contract of sale is perfected at the moment there is a meeting of minds upon the thing which is the object of the contract and upon
the price.
From that moment, the parties may reciprocally demand performance, subject to the provisions of the law governing the form of contracts. (1450a)
Art. 1476. In the case of a sale by auction:
(1) Where goods are put up for sale by auction in lots, each lot is the subject of a separate contract of sale.
(2) A sale by auction is perfected when the auctioneer announces its perfection by the fall of the hammer, or in other customary manner. Until such
announcement is made, any bidder may retract his bid; and the auctioneer may withdraw the goods from the sale unless the auction has been
announced to be without reserve.
(3) A right to bid may be reserved expressly by or on behalf of the seller, unless otherwise provided by law or by stipulation.
(4) Where notice has not been given that a sale by auction is subject to a right to bid on behalf of the seller, it shall not be lawful for the seller to bid
himself or to employ or induce any person to bid at such sale on his behalf or for the auctioneer, to employ or induce any person to bid at such sale
on behalf of the seller or knowingly to take any bid from the seller or any person employed by him. Any sale contravening this rule may be treated
as fraudulent by the buyer. (n)
Art. 1477. The ownership of the thing sold shall be transferred to the vendee upon the actual or constructive delivery thereof. (n)
Art. 1478. The parties may stipulate that ownership in the thing shall not pass to the purchaser until he has fully paid the price. (n)
Art. 1479. A promise to buy and sell a determinate thing for a price certain is reciprocally demandable.
132 | M a r t i n e z
An accepted unilateral promise to buy or to sell a determinate thing for a price certain is binding upon the promissor if the promise is supported by a
consideration distinct from the price. (1451a)
Art. 1480. Any injury to or benefit from the thing sold, after the contract has been perfected, from the moment of the perfection of the contract to the
time of delivery, shall be governed by Articles 1163 to 1165, and 1262.
This rule shall apply to the sale of fungible things, made independently and for a single price, or without consideration of their weight, number, or
measure.
Should fungible things be sold for a price fixed according to weight, number, or measure, the risk shall not be imputed to the vendee until they have
been weighed, counted, or measured and delivered, unless the latter has incurred in delay. (1452a)
Art. 1481. In the contract of sale of goods by description or by sample, the contract may be rescinded if the bulk of the goods delivered do not
correspond with the description or the sample, and if the contract be by sample as well as description, it is not sufficient that the bulk of goods
correspond with the sample if they do not also correspond with the description.
The buyer shall have a reasonable opportunity of comparing the bulk with the description or the sample. (n)
Art. 1482. Whenever earnest money is given in a contract of sale, it shall be considered as part of the price and as proof of the perfection of the
contract. (1454a)
Art. 1483. Subject to the provisions of the Statute of Frauds and of any other applicable statute, a contract of sale may be made in writing, or by
word of mouth, or partly in writing and partly by word of mouth, or may be inferred from the conduct of the parties. (n)
Art. 1484. In a contract of sale of personal property the price of which is payable in installments, the vendor may exercise any of the following
remedies:
(1) Exact fulfillment of the obligation, should the vendee fail to pay;
(2) Cancel the sale, should the vendee's failure to pay cover two or more installments;
(3) Foreclose the chattel mortgage on the thing sold, if one has been constituted, should the vendee's failure to pay cover two or more installments.
In this case, he shall have no further action against the purchaser to recover any unpaid balance of the price. Any agreement to the contrary shall
be void. (1454-A-a)
Art. 1485. The preceding article shall be applied to contracts purporting to be leases of personal property with option to buy, when the lessor has
deprived the lessee of the possession or enjoyment of the thing. (1454-A-a)
Art. 1486. In the case referred to in two preceding articles, a stipulation that the installments or rents paid shall not be returned to the vendee or
lessee shall be valid insofar as the same may not be unconscionable under the circumstances. (n)
Art. 1487. The expenses for the execution and registration of the sale shall be borne by the vendor, unless there is a stipulation to the contrary.
(1455a)
Art. 1488. The expropriation of property for public use is governed by special laws. (1456)
CHAPTER 2
CAPACITY TO BUY OR SELL
Art. 1489. All persons who are authorized in this Code to obligate themselves, may enter into a contract of sale, saving the modifications contained
in the following articles.
Where necessaries are those sold and delivered to a minor or other person without capacity to act, he must pay a reasonable price therefor.
Necessaries are those referred to in Article 290. (1457a)
Art. 1490. The husband and the wife cannot sell property to each other, except:
133 | M a r t i n e z
(1) When a separation of property was agreed upon in the marriage settlements; or
(2) When there has been a judicial separation or property under Article 191. (1458a)
Art. 1491. The following persons cannot acquire by purchase, even at a public or judicial auction, either in person or through the mediation of
another:
(1) The guardian, the property of the person or persons who may be under his guardianship;
(2) Agents, the property whose administration or sale may have been entrusted to them, unless the consent of the principal has been given;
(3) Executors and administrators, the property of the estate under administration;
(4) Public officers and employees, the property of the State or of any subdivision thereof, or of any government-owned or controlled corporation, or
institution, the administration of which has been intrusted to them; this provision shall apply to judges and government experts who, in any manner
whatsoever, take part in the sale;
(5) Justices, judges, prosecuting attorneys, clerks of superior and inferior courts, and other officers and employees connected with the
administration of justice, the property and rights in litigation or levied upon an execution before the court within whose jurisdiction or territory they
exercise their respective functions; this prohibition includes the act of acquiring by assignment and shall apply to lawyers, with respect to the
property and rights which may be the object of any litigation in which they may take part by virtue of their profession.
(6) Any others specially disqualified by law. (1459a)
Art. 1492. The prohibitions in the two preceding articles are applicable to sales in legal redemption, compromises and renunciations. (n)
CHAPTER 3
EFFECTS OF THE CONTRACT WHEN THE THING SOLD HAS BEEN LOST
Art. 1493. If at the time the contract of sale is perfected, the thing which is the object of the contract has been entirely lost, the contract shall be
without any effect.
But if the thing should have been lost in part only, the vendee may choose between withdrawing from the contract and demanding the remaining
part, paying its price in proportion to the total sum agreed upon. (1460a)
Art. 1494. Where the parties purport a sale of specific goods, and the goods without the knowledge of the seller have perished in part or have
wholly or in a material part so deteriorated in quality as to be substantially changed in character, the buyer may at his option treat the sale:
(1) As avoided; or
(2) As valid in all of the existing goods or in so much thereof as have not deteriorated, and as binding the buyer to pay the agreed price for the
goods in which the ownership will pass, if the sale was divisible. (n)
CHAPTER 4
OBLIGATIONS OF THE VENDOR
Art. 1495. The vendor is bound to transfer the ownership of and deliver, as well as warrant the thing which is the object of the sale. (1461a)
134 | M a r t i n e z
Art. 1496. The ownership of the thing sold is acquired by the vendee from the moment it is delivered to him in any of the ways specified in Articles
1497 to 1501, or in any other manner signifying an agreement that the possession is transferred from the vendor to the vendee. (n)
SECTION 2. - Delivery of the Thing Sold
Art. 1497. The thing sold shall be understood as delivered, when it is placed in the control and possession of the vendee. (1462a)
Art. 1498. When the sale is made through a public instrument, the execution thereof shall be equivalent to the delivery of the thing which is the
object of the contract, if from the deed the contrary does not appear or cannot clearly be inferred.
With regard to movable property, its delivery may also be made by the delivery of the keys of the place or depository where it is stored or kept.
(1463a)
Art. 1499. The delivery of movable property may likewise be made by the mere consent or agreement of the contracting parties, if the thing sold
cannot be transferred to the possession of the vendee at the time of the sale, or if the latter already had it in his possession for any other reason.
(1463a)
Art. 1500. There may also be tradition constitutum possessorium. (n)
Art. 1501. With respect to incorporeal property, the provisions of the first paragraph of article 1498 shall govern. In any other case wherein said
provisions are not applicable, the placing of the titles of ownership in the possession of the vendee or the use by the vendee of his rights, with the
vendor's consent, shall be understood as a delivery. (1464)
Art. 1502. When goods are delivered to the buyer "on sale or return" to give the buyer an option to return the goods instead of paying the price, the
ownership passes to the buyer of delivery, but he may revest the ownership in the seller by returning or tendering the goods within the time fixed in
the contract, or, if no time has been fixed, within a reasonable time. (n)
When goods are delivered to the buyer on approval or on trial or on satisfaction, or other similar terms, the ownership therein passes to the buyer:
(1) When he signifies his approval or acceptance to the seller or does any other act adopting the transaction;
(2) If he does not signify his approval or acceptance to the seller, but retains the goods without giving notice of rejection, then if a time has been
fixed for the return of the goods, on the expiration of such time, and, if no time has been fixed, on the expiration of a reasonable time. What is a
reasonable time is a question of fact. (n)
Art. 1503. When there is a contract of sale of specific goods, the seller may, by the terms of the contract, reserve the right of possession or
ownership in the goods until certain conditions have been fulfilled. The right of possession or ownership may be thus reserved notwithstanding the
delivery of the goods to the buyer or to a carrier or other bailee for the purpose of transmission to the buyer.
Where goods are shipped, and by the bill of lading the goods are deliverable to the seller or his agent, or to the order of the seller or of his agent,
the seller thereby reserves the ownership in the goods. But, if except for the form of the bill of lading, the ownership would have passed to the
buyer on shipment of the goods, the seller's property in the goods shall be deemed to be only for the purpose of securing performance by the buyer
of his obligations under the contract.
Where goods are shipped, and by the bill of lading the goods are deliverable to order of the buyer or of his agent, but possession of the bill of lading
is retained by the seller or his agent, the seller thereby reserves a right to the possession of the goods as against the buyer.
Where the seller of goods draws on the buyer for the price and transmits the bill of exchange and bill of lading together to the buyer to secure
acceptance or payment of the bill of exchange, the buyer is bound to return the bill of lading if he does not honor the bill of exchange, and if he
wrongfully retains the bill of lading he acquires no added right thereby. If, however, the bill of lading provides that the goods are deliverable to the
buyer or to the order of the buyer, or is indorsed in blank, or to the buyer by the consignee named therein, one who purchases in good faith, for
value, the bill of lading, or goods from the buyer will obtain the ownership in the goods, although the bill of exchange has not been honored,
provided that such purchaser has received delivery of the bill of lading indorsed by the consignee named therein, or of the goods, without notice of
the facts making the transfer wrongful. (n)
Art. 1504. Unless otherwise agreed, the goods remain at the seller's risk until the ownership therein is transferred to the buyer, but when the
ownership therein is transferred to the buyer the goods are at the buyer's risk whether actual delivery has been made or not, except that:
(1) Where delivery of the goods has been made to the buyer or to a bailee for the buyer, in pursuance of the contract and the ownership in the
goods has been retained by the seller merely to secure performance by the buyer of his obligations under the contract, the goods are at the buyer's
risk from the time of such delivery;
(2) Where actual delivery has been delayed through the fault of either the buyer or seller the goods are at the risk of the party in fault. (n)
135 | M a r t i n e z
Art. 1505. Subject to the provisions of this Title, where goods are sold by a person who is not the owner thereof, and who does not sell them under
authority or with the consent of the owner, the buyer acquires no better title to the goods than the seller had, unless the owner of the goods is by his
conduct precluded from denying the seller's authority to sell.
Nothing in this Title, however, shall affect:
(1) The provisions of any factors' act, recording laws, or any other provision of law enabling the apparent owner of goods to dispose of them as if he
were the true owner thereof;
(2) The validity of any contract of sale under statutory power of sale or under the order of a court of competent jurisdiction;
(3) Purchases made in a merchant's store, or in fairs, or markets, in accordance with the Code of Commerce and special laws. (n)
Art. 1506. Where the seller of goods has a voidable title thereto, but his title has not been avoided at the time of the sale, the buyer acquires a good
title to the goods, provided he buys them in good faith, for value, and without notice of the seller's defect of title. (n)
Art. 1507. A document of title in which it is stated that the goods referred to therein will be delivered to the bearer, or to the order of any person
named in such document is a negotiable document of title. (n)
Art. 1508. A negotiable document of title may be negotiated by delivery:
(1) Where by the terms of the document the carrier, warehouseman or other bailee issuing the same undertakes to deliver the goods to the bearer;
or
(2) Where by the terms of the document the carrier, warehouseman or other bailee issuing the same undertakes to deliver the goods to the order of
a specified person, and such person or a subsequent endorsee of the document has indorsed it in blank or to the bearer.
Where by the terms of a negotiable document of title the goods are deliverable to bearer or where a negotiable document of title has been indorsed
in blank or to bearer, any holder may indorse the same to himself or to any specified person, and in such case the document shall thereafter be
negotiated only by the endorsement of such endorsee. (n)
Art. 1509. A negotiable document of title may be negotiated by the endorsement of the person to whose order the goods are by the terms of the
document deliverable. Such endorsement may be in blank, to bearer or to a specified person. If indorsed to a specified person, it may be again
negotiated by the endorsement of such person in blank, to bearer or to another specified person. Subsequent negotiations may be made in like
manner. (n)
Art. 1510. If a document of title which contains an undertaking by a carrier, warehouseman or other bailee to deliver the goods to bearer, to a
specified person or order of a specified person or which contains words of like import, has placed upon it the words "not negotiable," "non-
negotiable" or the like, such document may nevertheless be negotiated by the holder and is a negotiable document of title within the meaning of
this Title. But nothing in this Title contained shall be construed as limiting or defining the effect upon the obligations of the carrier, warehouseman,
or other bailee issuing a document of title or placing thereon the words "not negotiable," "non-negotiable," or the like. (n)
Art. 1511. A document of title which is not in such form that it can be negotiated by delivery may be transferred by the holder by delivery to a
purchaser or donee. A non-negotiable document cannot be negotiated and the endorsement of such a document gives the transferee no additional
right. (n)
Art. 1512. A negotiable document of title may be negotiated:
(1) By the owner therefor; or
(2) By any person to whom the possession or custody of the document has been entrusted by the owner, if, by the terms of the document the
bailee issuing the document undertakes to deliver the goods to the order of the person to whom the possession or custody of the document has
been entrusted, or if at the time of such entrusting the document is in such form that it may be negotiated by delivery. (n)
Art. 1513. A person to whom a negotiable document of title has been duly negotiated acquires thereby:
(1) Such title to the goods as the person negotiating the document to him had or had ability to convey to a purchaser in good faith for value and
also such title to the goods as the person to whose order the goods were to be delivered by the terms of the document had or had ability to convey
to a purchaser in good faith for value; and
(2) The direct obligation of the bailee issuing the document to hold possession of the goods for him according to the terms of the document as fully
as if such bailee had contracted directly with him. (n)
136 | M a r t i n e z
Art. 1514. A person to whom a document of title has been transferred, but not negotiated, acquires thereby, as against the transferor, the title to the
goods, subject to the terms of any agreement with the transferor.
If the document is non-negotiable, such person also acquires the right to notify the bailee who issued the document of the transfer thereof, and
thereby to acquire the direct obligation of such bailee to hold possession of the goods for him according to the terms of the document.
Prior to the notification to such bailee by the transferor or transferee of a non-negotiable document of title, the title of the transferee to the goods
and the right to acquire the obligation of such bailee may be defeated by the levy of an attachment of execution upon the goods by a creditor of the
transferor, or by a notification to such bailee by the transferor or a subsequent purchaser from the transfer of a subsequent sale of the goods by the
transferor. (n)
Art. 1515. Where a negotiable document of title is transferred for value by delivery, and the endorsement of the transferor is essential for
negotiation, the transferee acquires a right against the transferor to compel him to endorse the document unless a contrary intention appears. The
negotiation shall take effect as of the time when the endorsement is actually made. (n)
Art. 1516. A person who for value negotiates or transfers a document of title by endorsement or delivery, including one who assigns for value a
claim secured by a document of title unless a contrary intention appears, warrants:
(1) That the document is genuine;
(2) That he has a legal right to negotiate or transfer it;
(3) That he has knowledge of no fact which would impair the validity or worth of the document; and
(4) That he has a right to transfer the title to the goods and that the goods are merchantable or fit for a particular purpose, whenever such
warranties would have been implied if the contract of the parties had been to transfer without a document of title the goods represented thereby. (n)
Art. 1517. The endorsement of a document of title shall not make the endorser liable for any failure on the part of the bailee who issued the
document or previous endorsers thereof to fulfill their respective obligations. (n)
Art. 1518. The validity of the negotiation of a negotiable document of title is not impaired by the fact that the negotiation was a breach of duty on the
part of the person making the negotiation, or by the fact that the owner of the document was deprived of the possession of the same by loss, theft,
fraud, accident, mistake, duress, or conversion, if the person to whom the document was negotiated or a person to whom the document was
subsequently negotiated paid value therefor in good faith without notice of the breach of duty, or loss, theft, fraud, accident, mistake, duress or
conversion. (n)
Art. 1519. If goods are delivered to a bailee by the owner or by a person whose act in conveying the title to them to a purchaser in good faith for
value would bind the owner and a negotiable document of title is issued for them they cannot thereafter, while in possession of such bailee, be
attached by garnishment or otherwise or be levied under an execution unless the document be first surrendered to the bailee or its negotiation
enjoined. The bailee shall in no case be compelled to deliver up the actual possession of the goods until the document is surrendered to him or
impounded by the court. (n)
Art. 1520. 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. (n)
Art. 1521. Whether it is for the buyer to take possession of the goods or of the seller to send them to the buyer is a question depending in each
case on the contract, express or implied, between the parties. Apart from any such contract, express or implied, or usage of trade to the contrary,
the place of delivery is the seller's place of business if he has one, and if not his residence; but in case of a contract of sale of specific goods, which
to the knowledge of the parties when the contract or the sale was made were in some other place, then that place is the place of delivery.
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.
Where the goods at the time of sale are in the possession of a third person, the seller has not fulfilled his obligation to deliver to the buyer unless
and until such third person acknowledges to the buyer that he holds the goods on the buyer's behalf.
Demand or tender of delivery may be treated as ineffectual unless made at a reasonable hour. What is a reasonable hour is a question of fact.
Unless otherwise agreed, the expenses of and incidental to putting the goods into a deliverable state must be borne by the seller. (n)
Art. 1522. Where the seller delivers to the buyer a quantity of goods less than he contracted to sell, the buyer may reject them, but if the buyer
accepts or retains the goods so delivered, knowing that the seller is not going to perform the contract in full, he must pay for them at the contract
137 | M a r t i n e z
rate. If, however, the buyer has used or disposed of the goods delivered before he knows that the seller is not going to perform his contract in full,
the buyer shall not be liable for more than the fair value to him of the goods so received.
Where the seller delivers to the buyer a quantity of goods larger than he contracted to sell, the buyer may accept the goods included in the contract
and reject the rest. If the buyer accepts the whole of the goods so delivered he must pay for them at the contract rate.
Where the seller delivers to the buyer the goods he contracted to sell mixed with goods of a different description not included in the contract, the
buyer may accept the goods which are in accordance with the contract and reject the rest.
In the preceding two paragraphs, if the subject matter is indivisible, the buyer may reject the whole of the goods.
The provisions of this article are subject to any usage of trade, special agreement, or course of dealing between the parties. (n)
Art. 1523. Where, in pursuance of a contract of sale, the seller is authorized or required to send the goods to the buyer, delivery of the goods to a
carrier, whether named by the buyer or not, for the purpose of transmission to the buyer is deemed to be a delivery of the goods to the buyer,
except in the case provided for in Article 1503, first, second and third paragraphs, or unless a contrary intent appears.
Unless otherwise authorized by the buyer, the seller must make such contract with the carrier on behalf of the buyer as may be reasonable, having
regard to the nature of the goods and the other circumstances of the case. If the seller omit so to do, and the goods are lost or damaged in course
of transit, the buyer may decline to treat the delivery to the carrier as a delivery to himself, or may hold the seller responsible in damages.
Unless otherwise agreed, where goods are sent by the seller to the buyer under circumstances in which the seller knows or ought to know that it is
usual to insure, the seller must give such notice to the buyer as may enable him to insure them during their transit, and, if the seller fails to do so,
the goods shall be deemed to be at his risk during such transit. (n)
Art. 1524. The vendor shall not be bound to deliver the thing sold, if the vendee has not paid him the price, or if no period for the payment has been
fixed in the contract. (1466)
Art. 1525. The seller of goods is deemed to be an unpaid seller within the meaning of this Title:
(1) When the whole of the price has not been paid or tendered;
(2) When a bill of exchange or other negotiable instrument has been received as conditional payment, and the condition on which it was received
has been broken by reason of the dishonor of the instrument, the insolvency of the buyer, or otherwise.
In Articles 1525 to 1535 the term "seller" includes an agent of the seller to whom the bill of lading has been indorsed, or a consignor or agent who
has himself paid, or is directly responsible for the price, or any other person who is in the position of a seller. (n)
Art. 1526. Subject to the provisions of this Title, notwithstanding that the ownership in the goods may have passed to the buyer, the unpaid seller of
goods, as such, has:
(1) A lien on the goods or right to retain them for the price while he is in possession of them;
(2) In case of the insolvency of the buyer, a right of stopping the goods in transitu after he has parted with the possession of them;
(3) A right of resale as limited by this Title;
(4) A right to rescind the sale as likewise limited by this Title.
Where the ownership in the goods has not passed to the buyer, the unpaid seller has, in addition to his other remedies a right of withholding
delivery similar to and coextensive with his rights of lien and stoppage in transitu where the ownership has passed to the buyer. (n)
Art. 1527. Subject to the provisions of this Title, the unpaid seller of goods who is in possession of them is entitled to retain possession of them until
payment or tender of the price in the following cases, namely:
(1) Where the goods have been sold without any stipulation as to credit;
(2) Where the goods have been sold on credit, but the term of credit has expired;
(3) Where the buyer becomes insolvent.
The seller may exercise his right of lien notwithstanding that he is in possession of the goods as agent or bailee for the buyer. (n)
138 | M a r t i n e z
Art. 1528. Where an unpaid seller has made part delivery of the goods, he may exercise his right of lien on the remainder, unless such part delivery
has been made under such circumstances as to show an intent to waive the lien or right of retention. (n)
Art. 1529. The unpaid seller of goods loses his lien thereon:
(1) When he delivers the goods to a carrier or other bailee for the purpose of transmission to the buyer without reserving the ownership in the
goods or the right to the possession thereof;
(2) When the buyer or his agent lawfully obtains possession of the goods;
(3) By waiver thereof.
The unpaid seller of goods, having a lien thereon, does not lose his lien by reason only that he has obtained judgment or decree for the price of the
goods. (n)
Art. 1530. Subject to the provisions of this Title, when the buyer of goods is or becomes insolvent, the unpaid seller who has parted with the
possession of the goods has the right of stopping them in transitu, that is to say, he may resume possession of the goods at any time while they are
in transit, and he will then become entitled to the same rights in regard to the goods as he would have had if he had never parted with the
possession. (n)
Art. 1531. Goods are in transit within the meaning of the preceding article:
(1) From the time when they are delivered to a carrier by land, water, or air, or other bailee for the purpose of transmission to the buyer, until the
buyer, or his agent in that behalf, takes delivery of them from such carrier or other bailee;
(2) If the goods are rejected by the buyer, and the carrier or other bailee continues in possession of them, even if the seller has refused to receive
them back.
Goods are no longer in transit within the meaning of the preceding article:
(1) If the buyer, or his agent in that behalf, obtains delivery of the goods before their arrival at the appointed destination;
(2) If, after the arrival of the goods at the appointed destination, the carrier or other bailee acknowledges to the buyer or his agent that he holds the
goods on his behalf and continues in possession of them as bailee for the buyer or his agent; and it is immaterial that further destination for the
goods may have been indicated by the buyer;
(3) If the carrier or other bailee wrongfully refuses to deliver the goods to the buyer or his agent in that behalf.
If the goods are delivered to a ship, freight train, truck, or airplane chartered by the buyer, it is a question depending on the circumstances of the
particular case, whether they are in the possession of the carrier as such or as agent of the buyer.
If part delivery of the goods has been made to the buyer, or his agent in that behalf, the remainder of the goods may be stopped in transitu, unless
such part delivery has been under such circumstances as to show an agreement with the buyer to give up possession of the whole of the goods.
(n)
Art. 1532. The unpaid seller may exercise his right of stoppage in transitu either by obtaining actual possession of the goods or by giving notice of
his claim to the carrier or other bailee in whose possession the goods are. Such notice may be given either to the person in actual possession of
the goods or to his principal. In the latter case the notice, to be effectual, must be given at such time and under such circumstances that the
principal, by the exercise of reasonable diligence, may prevent a delivery to the buyer.
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. The expenses of such delivery must be borne by the seller. If, however, a negotiable document of title
representing the goods has been issued by the carrier or other bailee, he shall not obliged to deliver or justified in delivering the goods to the seller
unless such document is first surrendered for cancellation. (n)
Art. 1533. Where the goods are of perishable nature, or where the seller expressly reserves the right of resale in case the buyer should make
default, or where the buyer has been in default in the payment of the price for an unreasonable time, an unpaid seller having a right of lien or
having stopped the goods in transitu may resell the goods. He shall not thereafter be liable to the original buyer upon the contract of sale or for any
profit made by such resale, but may recover from the buyer damages for any loss occasioned by the breach of the contract of sale.
Where a resale is made, as authorized in this article, the buyer acquires a good title as against the original buyer.
139 | M a r t i n e z
It is not essential to the validity of resale that notice of an intention to resell the goods be given by the seller to the original buyer. But where the
right to resell is not based on the perishable nature of the goods or upon an express provision of the contract of sale, the giving or failure to give
such notice shall be relevant in any issue involving the question whether the buyer had been in default for an unreasonable time before the resale
was made.
It is not essential to the validity of a resale that notice of the time and place of such resale should be given by the seller to the original buyer.
The seller is bound to exercise reasonable care and judgment in making a resale, and subject to this requirement may make a resale either by
public or private sale. He cannot, however, directly or indirectly buy the goods. (n)
Art. 1534. An unpaid seller having the right of lien or having stopped the goods in transitu, may rescind the transfer of title and resume the
ownership in the goods, where he expressly reserved the right to do so in case the buyer should make default, or where the buyer has been in
default in the payment of the price for an unreasonable time. The seller shall not thereafter be liable to the buyer upon the contract of sale, but may
recover from the buyer damages for any loss occasioned by the breach of the contract.
The transfer of title shall not be held to have been rescinded by an unpaid seller until he has manifested by notice to the buyer or by some other
overt act an intention to rescind. It is not necessary that such overt act should be communicated to the buyer, but the giving or failure to give notice
to the buyer of the intention to rescind shall be relevant in any issue involving the question whether the buyer had been in default for an
unreasonable time before the right of rescission was asserted. (n)
Art. 1535. Subject to the provisions of this Title, the unpaid seller's right of lien or stoppage in transitu is not affected by any sale, or other
disposition of the goods which the buyer may have made, unless the seller has assented thereto.
If, however, a negotiable document of title has been issued for goods, no seller's lien or right of stoppage in transitu shall defeat the right of any
purchaser for value in good faith to whom such document has been negotiated, whether such negotiation be prior or subsequent to the notification
to the carrier, or other bailee who issued such document, of the seller's claim to a lien or right of stoppage in transitu. (n)
Art. 1536. The vendor is not bound to deliver the thing sold in case the vendee should lose the right to make use of the terms as provided in Article
1198. (1467a)
Art. 1537. The vendor is bound to deliver the thing sold and its accessions and accessories in the condition in which they were upon the perfection
of the contract.
All the fruits shall pertain to the vendee from the day on which the contract was perfected. (1468a)
Art. 1538. In case of loss, deterioration or improvement of the thing before its delivery, the rules in Article 1189 shall be observed, the vendor being
considered the debtor. (n)
Art. 1539. The obligation to deliver the thing sold includes that of placing in the control of the vendee all that is mentioned in the contract, in
conformity with the following rules:
If the sale of real estate should be made with a statement of its area, at the rate of a certain price for a unit of measure or number, the vendor shall
be obliged to deliver to the vendee, if the latter should demand it, all that may have been stated in the contract; but, should this be not possible, the
vendee may choose between a proportional reduction of the price and the rescission of the contract, provided that, in the latter case, the lack in the
area be not less than one-tenth of that stated.
The same shall be done, even when the area is the same, if any part of the immovable is not of the quality specified in the contract.
The rescission, in this case, shall only take place at the will of the vendee, when the inferior value of the thing sold exceeds one-tenth of the price
agreed upon.
Nevertheless, if the vendee would not have bought the immovable had he known of its smaller area of inferior quality, he may rescind the sale.
(1469a)
Art. 1540. If, in the case of the preceding article, there is a greater area or number in the immovable than that stated in the contract, the vendee
may accept the area included in the contract and reject the rest. If he accepts the whole area, he must pay for the same at the contract rate.
(1470a)
Art. 1541. The provisions of the two preceding articles shall apply to judicial sales. (n)
Art. 1542. In the sale of real estate, made for a lump sum and not at the rate of a certain sum for a unit of measure or number, there shall be no
increase or decrease of the price, although there be a greater or less area or number than that stated in the contract.
140 | M a r t i n e z
The same rule shall be applied when two or more immovables as sold for a single price; but if, besides mentioning the boundaries, which is
indispensable in every conveyance of real estate, its area or number should be designated in the contract, the vendor shall be bound to deliver all
that is included within said boundaries, even when it exceeds the area or number specified in the contract; and, should he not be able to do so, he
shall suffer a reduction in the price, in proportion to what is lacking in the area or number, unless the contract is rescinded because the vendee
does not accede to the failure to deliver what has been stipulated. (1471)
Art. 1543. The actions arising from Articles 1539 and 1542 shall prescribe in six months, counted from the day of delivery. (1472a)
Art. 1544. If the same thing should have been sold to different vendees, the ownership shall be transferred to the person who may have first taken
possession thereof in good faith, if it should be movable property.
Should it be immovable property, the ownership shall belong to the person acquiring it who in good faith first recorded it in the Registry of Property.
Should there be no inscription, the ownership shall pertain to the person who in good faith was first in the possession; and, in the absence thereof,
to the person who presents the oldest title, provided there is good faith. (1473)
SECTION 3. - Conditions and Warranties
Art. 1545. Where the obligation of either party to a contract of sale is subject to any condition which is not performed, such party may refuse to
proceed with the contract or he may waive performance of the condition. If the other party has promised that the condition should happen or be
performed, such first mentioned party may also treat the nonperformance of the condition as a breach of warranty.
Where the ownership in the thing has not passed, the buyer may treat the fulfillment by the seller of his obligation to deliver the same as described
and as warranted expressly or by implication in the contract of sale as a condition of the obligation of the buyer to perform his promise to accept
and pay for the thing. (n)
Art. 1546. Any affirmation of fact or any promise by the seller relating to the thing is an express warranty if the natural tendency of such affirmation
or promise is to induce the buyer to purchase the same, and if the buyer purchase the thing relying thereon. 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. (n)
Art. 1547. In a contract of sale, unless a contrary intention appears, there is:
(1) An implied warranty on the part of the seller that he has a right to sell the thing at the time when the ownership is to pass, and that the buyer
shall from that time have and enjoy the legal and peaceful possession of the thing;
(2) An implied warranty that the thing shall be free from any hidden faults or defects, or any charge or encumbrance not declared or known to the
buyer.
This Article shall not, however, be held to render liable a sheriff, auctioneer, mortgagee, pledgee, or other person professing to sell by virtue of
authority in fact or law, for the sale of a thing in which a third person has a legal or equitable interest. (n)
SUBSECTION 1. - Warranty in Case of Eviction
Art. 1548. Eviction shall take place whenever by a final judgment based on a right prior to the sale or an act imputable to the vendor, the vendee is
deprived of the whole or of a part of the thing purchased.
The vendor shall answer for the eviction even though nothing has been said in the contract on the subject.
The contracting parties, however, may increase, diminish, or suppress this legal obligation of the vendor. (1475a)
Art. 1549. The vendee need not appeal from the decision in order that the vendor may become liable for eviction. (n)
Art. 1550. When adverse possession had been commenced before the sale but the prescriptive period is completed after the transfer, the vendor
shall not be liable for eviction. (n)
Art. 1551. If the property is sold for nonpayment of taxes due and not made known to the vendee before the sale, the vendor is liable for eviction.
(n)
Art. 1552. The judgment debtor is also responsible for eviction in judicial sales, unless it is otherwise decreed in the judgment. (n)
Art. 1553. Any stipulation exempting the vendor from the obligation to answer for eviction shall be void, if he acted in bad faith. (1476)
141 | M a r t i n e z
Art. 1554. If the vendee has renounced the right to warranty in case of eviction, and eviction should take place, the vendor shall only pay the value
which the thing sold had at the time of the eviction. Should the vendee have made the waiver with knowledge of the risks of eviction and assumed
its consequences, the vendor shall not be liable. (1477)
Art. 1555. When the warranty has been agreed upon or nothing has been stipulated on this point, in case eviction occurs, the vendee shall have the
right to demand of the vendor:
(1) The return of the value which the thing sold had at the time of the eviction, be it greater or less than the price of the sale;
(2) The income or fruits, if he has been ordered to deliver them to the party who won the suit against him;
(3) The costs of the suit which caused the eviction, and, in a proper case, those of the suit brought against the vendor for the warranty;
(4) The expenses of the contract, if the vendee has paid them;
(5) The damages and interests, and ornamental expenses, if the sale was made in bad faith. (1478)
Art. 1556. Should the vendee lose, by reason of the eviction, a part of the thing sold of such importance, in relation to the whole, that he would not
have bought it without said part, he may demand the rescission of the contract; but with the obligation to return the thing without other
encumbrances that those which it had when he acquired it.
He may exercise this right of action, instead of enforcing the vendor's liability for eviction.
The same rule shall be observed when two or more things have been jointly sold for a lump sum, or for a separate price for each of them, if it
should clearly appear that the vendee would not have purchased one without the other. (1479a)
Art. 1557. The warranty cannot be enforced until a final judgment has been rendered, whereby the vendee loses the thing acquired or a part
thereof. (1480)
Art. 1558. The vendor shall not be obliged to make good the proper warranty, unless he is summoned in the suit for eviction at the instance of the
vendee. (1481a)
Art. 1559. The defendant vendee shall ask, within the time fixed in the Rules of Court for answering the complaint, that the vendor be made a co-
defendant. (1482a)
Art. 1560. If the immovable sold should be encumbered with any non-apparent burden or servitude, not mentioned in the agreement, of such a
nature that it must be presumed that the vendee would not have acquired it had he been aware thereof, he may ask for the rescission of the
contract, unless he should prefer the appropriate indemnity. Neither right can be exercised if the non-apparent burden or servitude is recorded in
the Registry of Property, unless there is an express warranty that the thing is free from all burdens and encumbrances.
Within one year, to be computed from the execution of the deed, the vendee may bring the action for rescission, or sue for damages.
One year having elapsed, he may only bring an action for damages within an equal period, to be counted from the date on which he discovered the
burden or servitude. (1483a)
SUBSECTION 2. - Warranty Against Hidden Defects of or Encumbrances Upon the Thing Sold
Art. 1561. The vendor shall be responsible for warranty against the hidden defects which the thing sold may have, should they render it unfit for the
use for which it is intended, or should they diminish its fitness for such use to such an extent that, had the vendee been aware thereof, he would not
have acquired it or would have given a lower price for it; but said vendor shall not be answerable for patent defects or those which may be visible,
or for those which are not visible if the vendee is an expert who, by reason of his trade or profession, should have known them. (1484a)
Art. 1562. In a sale of goods, there is an implied warranty or condition as to the quality or fitness of the goods, as follows:
(1) Where the buyer, expressly or by implication, makes known to the seller the particular purpose for which the goods are acquired, and it appears
that the buyer relies on the seller's skill or judgment (whether he be the grower or manufacturer or not), there is an implied warranty that the goods
shall be reasonably fit for such purpose;
(2) Where the goods are brought by description from a seller who deals in goods of that description (whether he be the grower or manufacturer or
not), there is an implied warranty that the goods shall be of merchantable quality. (n)
Art. 1563. In the case of contract of sale of a specified article under its patent or other trade name, there is no warranty as to its fitness for any
particular purpose, unless there is a stipulation to the contrary. (n)
142 | M a r t i n e z
Art. 1564. An implied warranty or condition as to the quality or fitness for a particular purpose may be annexed by the usage of trade. (n)
Art. 1565. In the case of a contract of sale by sample, if the seller is a dealer in goods of that kind, there is an implied warranty that the goods shall
be free from any defect rendering them unmerchantable which would not be apparent on reasonable examination of the sample. (n)
Art. 1566. The vendor is responsible to the vendee for any hidden faults or defects in the thing sold, even though he was not aware thereof.
This provision shall not apply if the contrary has been stipulated, and the vendor was not aware of the hidden faults or defects in the thing sold.
(1485)
Art. 1567. In the cases of Articles 1561, 1562, 1564, 1565 and 1566, the vendee may elect between withdrawing from the contract and demanding
a proportionate reduction of the price, with damages in either case. (1486a)
Art. 1568. If the thing sold should be lost in consequence of the hidden faults, and the vendor was aware of them, he shall bear the loss, and shall
be obliged to return the price and refund the expenses of the contract, with damages. If he was not aware of them, he shall only return the price
and interest thereon, and reimburse the expenses of the contract which the vendee might have paid. (1487a)
Art. 1569. If the thing sold had any hidden fault at the time of the sale, and should thereafter be lost by a fortuitous event or through the fault of the
vendee, the latter may demand of the vendor the price which he paid, less the value which the thing had when it was lost.
If the vendor acted in bad faith, he shall pay damages to the vendee. (1488a)
Art. 1570. The preceding articles of this Subsection shall be applicable to judicial sales, except that the judgment debtor shall not be liable for
damages. (1489a)
Art. 1571. Actions arising from the provisions of the preceding ten articles shall be barred after six months, from the delivery of the thing sold.
(1490)
Art. 1572. If two or more animals are sold together, whether for a lump sum or for a separate price for each of them, the redhibitory defect of one
shall only give rise to its redhibition, and not that of the others; unless it should appear that the vendee would not have purchased the sound animal
or animals without the defective one.
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. (1491)
Art. 1573. The provisions of the preceding article with respect to the sale of animals shall in like manner be applicable to the sale of other things.
(1492)
Art. 1574. There is no warranty against hidden defects of animals sold at fairs or at public auctions, or of live stock sold as condemned. (1493a)
Art. 1575. The sale of animals suffering from contagious diseases shall be void.
A contract of sale of animals shall also be void if the use or service for which they are acquired has been stated in the contract, and they are found
to be unfit therefor. (1494a)
Art. 1576. If the hidden defect of animals, even in case a professional inspection has been made, should be of such a nature that expert knowledge
is not sufficient to discover it, the defect shall be considered as redhibitory.
But if the veterinarian, through ignorance or bad faith should fail to discover or disclose it, he shall be liable for damages. (1495)
Art. 1577. The redhibitory action, based on the faults or defects of animals, must be brought within forty days from the date of their delivery to the
vendee.
This action can only be exercised with respect to faults and defects which are determined by law or by local customs. (1496a)
Art. 1578. If the animal should die within three days after its purchase, the vendor shall be liable if the disease which cause the death existed at the
time of the contract. (1497a)
Art. 1579. If the sale be rescinded, the animal shall be returned in the condition in which it was sold and delivered, the vendee being answerable for
any injury due to his negligence, and not arising from the redhibitory fault or defect. (1498)
Art. 1580. In the sale of animals with redhibitory defects, the vendee shall also enjoy the right mentioned in article 1567; but he must make use
thereof within the same period which has been fixed for the exercise of the redhibitory action. (1499)
143 | M a r t i n e z
Art. 1581. The form of sale of large cattle shall be governed by special laws. (n)
CHAPTER 5
OBLIGATIONS OF THE VENDEE
Art. 1582. The vendee is bound to accept delivery and to pay the price of the thing sold at the time and place stipulated in the contract.
If the time and place should not have been stipulated, the payment must be made at the time and place of the delivery of the thing sold. (1500a)
Art. 1583. Unless otherwise agreed, the buyer of goods is not bound to accept delivery thereof by installments.
Where there is a contract of sale of goods to be delivered by stated installments, which are to be separately paid for, and the seller makes defective
deliveries in respect of one or more instalments, or the buyer neglects or refuses without just cause to take delivery of or pay for one more
instalments, it depends in each case on the terms of the contract and the circumstances of the case, whether the breach of contract is so material
as to justify the injured party in refusing to proceed further and suing for damages for breach of the entire contract, or whether the breach is
severable, giving rise to a claim for compensation but not to a right to treat the whole contract as broken. (n)
Art. 1584. Where goods are delivered to the buyer, which he has not previously examined, he is not deemed to have accepted them unless and
until he has had a reasonable opportunity of examining them for the purpose of ascertaining whether they are in conformity with the contract if there
is no stipulation to the contrary.
Unless otherwise agreed, when the seller tenders delivery of goods to the buyer, he is bound, on request, to afford the buyer a reasonable
opportunity of examining the goods for the purpose of ascertaining whether they are in conformity with the contract.
Where goods are delivered to a carrier by the seller, in accordance with an order from or agreement with the buyer, upon the terms that the goods
shall not be delivered by the carrier to the buyer until he has paid the price, whether such terms are indicated by marking the goods with the words
"collect on delivery," or otherwise, the buyer is not entitled to examine the goods before the payment of the price, in the absence of agreement or
usage of trade permitting such examination. (n)
Art. 1585. The buyer is deemed to have accepted the goods when he intimates to the seller that he has accepted them, or when the goods have
been delivered to him, and he does any act in relation to them which is inconsistent with the ownership of the seller, or when, after the lapse of a
reasonable time, he retains the goods without intimating to the seller that he has rejected them. (n)
Art. 1586. In the absence of express or implied agreement of the parties, acceptance of the goods by the buyer shall not discharge the seller from
liability in damages or other legal remedy for breach of any promise or warranty in the contract of sale. But, if, after acceptance of the goods, the
buyer fails to give notice to the seller of the breach in any promise of warranty within a reasonable time after the buyer knows, or ought to know of
such breach, the seller shall not be liable therefor. (n)
Art. 1587. Unless otherwise agreed, where goods are delivered to the buyer, and he refuses to accept them, having the right so to do, he is not
bound to return them to the seller, but it is sufficient if he notifies the seller that he refuses to accept them. If he voluntarily constitutes himself a
depositary thereof, he shall be liable as such. (n)
Art. 1588. If there is no stipulation as specified in the first paragraph of article 1523, when the buyer's refusal to accept the goods is without just
cause, the title thereto passes to him from the moment they are placed at his disposal. (n)
Art. 1589. The vendee shall owe interest for the period between the delivery of the thing and the payment of the price, in the following three cases:
(1) Should it have been so stipulated;
(2) Should the thing sold and delivered produce fruits or income;
(3) Should he be in default, from the time of judicial or extrajudicial demand for the payment of the price. (1501a)
Art. 1590. Should the vendee be disturbed in the possession or ownership of the thing acquired, or should he have reasonable grounds to fear such
disturbance, by a vindicatory action or a foreclosure of mortgage, he may suspend the payment of the price until the vendor has caused the
144 | M a r t i n e z
disturbance or danger to cease, unless the latter gives security for the return of the price in a proper case, or it has been stipulated that,
notwithstanding any such contingency, the vendee shall be bound to make the payment. A mere act of trespass shall not authorize the suspension
of the payment of the price. (1502a)
Art. 1591. Should the vendor have reasonable grounds to fear the loss of immovable property sold and its price, he may immediately sue for the
rescission of the sale.
Should such ground not exist, the provisions of Article 1191 shall be observed. (1503)
Art. 1592. In the sale of immovable property, even though it may have been stipulated that upon failure to pay the price at the time agreed upon the
rescission of the contract shall of right take place, the vendee may pay, even after the expiration of the period, as long as no demand for rescission
of the contract has been made upon him either judicially or by a notarial act. After the demand, the court may not grant him a new term. (1504a)
Art. 1593. With respect to movable property, the rescission of the sale shall of right take place in the interest of the vendor, if the vendee, upon the
expiration of the period fixed for the delivery of the thing, should not have appeared to receive it, or, having appeared, he should not have tendered
the price at the same time, unless a longer period has been stipulated for its payment. (1505)
CHAPTER 6
ACTIONS FOR BREACH OF CONTRACT OF SALE OF GOODS
Art. 1594. Actions for breach of the contract of sale of goods shall be governed particularly by the provisions of this Chapter, and as to matters not
specifically provided for herein, by other applicable provisions of this Title. (n)
Art. 1595. Where, under a contract of sale, the ownership of the goods has passed to the buyer and he wrongfully neglects or refuses to pay for the
goods according to the terms of the contract of sale, the seller may maintain an action against him for the price of the goods.
Where, under a contract of sale, the price is payable on a certain day, irrespective of delivery or of transfer of title and the buyer wrongfully neglects
or refuses to pay such price, the seller may maintain an action for the price although the ownership in the goods has not passed. But it shall be a
defense to such an action that the seller at any time before the judgment in such action has manifested an inability to perform the contract of sale
on his part or an intention not to perform it.
Although the ownership in the goods has not passed, if they cannot readily be resold for a reasonable price, and if the provisions of article 1596,
fourth paragraph, are not applicable, the seller may offer to deliver the goods to the buyer, and, if the buyer refuses to receive them, may notify the
buyer that the goods are thereafter held by the seller as bailee for the buyer. Thereafter the seller may treat the goods as the buyer's and may
maintain an action for the price. (n)
Art. 1596. Where the buyer wrongfully neglects or refuses to accept and pay for the goods, the seller may maintain an action against him for
damages for nonacceptance.
The measure of damages is the estimated loss directly and naturally resulting in the ordinary course of events from the buyer's breach of contract.
Where there is an available market for the goods in question, the measure of damages is, in the absence of special circumstances showing
proximate damage of a different amount, the difference between the contract price and the market or current price at the time or times when the
goods ought to have been accepted, or, if no time was fixed for acceptance, then at the time of the refusal to accept.
If, while labor or expense of material amount is necessary on the part of the seller to enable him to fulfill his obligations under the contract of sale,
the buyer repudiates the contract or notifies the seller to proceed no further therewith, the buyer shall be liable to the seller for labor performed or
expenses made before receiving notice of the buyer's repudiation or countermand. The profit the seller would have made if the contract or the sale
had been fully performed shall be considered in awarding the damages. (n)
Art. 1597. Where the goods have not been delivered to the buyer, and the buyer has repudiated the contract of sale, or has manifested his inability
to perform his obligations thereunder, or has committed a breach thereof, the seller may totally rescind the contract of sale by giving notice of his
election so to do to the buyer. (n)
Art. 1598. Where the seller has broken a contract to deliver specific or ascertained goods, a court may, on the application of the buyer, direct that
the contract shall be performed specifically, without giving the seller the option of retaining the goods on payment of damages. The judgment or
145 | M a r t i n e z
decree may be unconditional, or upon such terms and conditions as to damages, payment of the price and otherwise, as the court may deem just.
(n)
Art. 1599. Where there is a breach of warranty by the seller, the buyer may, at his election:
(1) Accept or keep the goods and set up against the seller, the breach of warranty by way of recoupment in diminution or extinction of the price;
(2) Accept or keep the goods and maintain an action against the seller for damages for the breach of warranty;
(3) Refuse to accept the goods, and maintain an action against the seller for damages for the breach of warranty;
(4) Rescind the contract of sale and refuse to receive the goods or if the goods have already been received, return them or offer to return them to
the seller and recover the price or any part thereof which has been paid.
When the buyer has claimed and been granted a remedy in anyone of these ways, no other remedy can thereafter be granted, without prejudice to
the provisions of the second paragraph of Article 1191.
Where the goods have been delivered to the buyer, he cannot rescind the sale if he knew of the breach of warranty when he accepted the goods
without protest, or if he fails to notify the seller within a reasonable time of the election to rescind, or if he fails to return or to offer to return the
goods to the seller in substantially as good condition as they were in at the time the ownership was transferred to the buyer. But if deterioration or
injury of the goods is due to the breach or warranty, such deterioration or injury shall not prevent the buyer from returning or offering to return the
goods to the seller and rescinding the sale.
Where the buyer is entitled to rescind the sale and elects to do so, he shall cease to be liable for the price upon returning or offering to return the
goods. If the price or any part thereof has already been paid, the seller shall be liable to repay so much thereof as has been paid, concurrently with
the return of the goods, or immediately after an offer to return the goods in exchange for repayment of the price.
Where the buyer is entitled to rescind the sale and elects to do so, if the seller refuses to accept an offer of the buyer to return the goods, the buyer
shall thereafter be deemed to hold the goods as bailee for the seller, but subject to a lien to secure payment of any portion of the price which has
been paid, and with the remedies for the enforcement of such lien allowed to an unpaid seller by Article 1526.
(5) In the case of breach of warranty of quality, such loss, in the absence of special circumstances showing proximate damage of a greater amount,
is the difference between the value of the goods at the time of delivery to the buyer and the value they would have had if they had answered to the
warranty. (n)
CHAPTER 7
EXTINGUISHMENT OF SALE
Art. 1600. Sales are extinguished by the same causes as all other obligations, by those stated in the preceding articles of this Title, and by
conventional or legal redemption. (1506)
SECTION 1. - Conventional Redemption
Art. 1601. Conventional redemption shall take place when the vendor reserves the right to repurchase the thing sold, with the obligation to comply
with the provisions of Article 1616 and other stipulations which may have been agreed upon. (1507)
Art. 1602. The contract shall be presumed to be an equitable mortgage, in any of the following cases:
(1) When the price of a sale with right to repurchase is unusually inadequate;
(2) When the vendor remains in possession as lessee or otherwise;
(3) When upon or after the expiration of the right to repurchase another instrument extending the period of redemption or granting a new period is
executed;
(4) When the purchaser retains for himself a part of the purchase price;
146 | M a r t i n e z
(5) When the vendor binds himself to pay the taxes on the thing sold;
(6) In any other case where it may be fairly inferred that the real intention of the parties is that the transaction shall secure the payment of a debt or
the performance of any other obligation.
In any of the foregoing cases, any money, fruits, or other benefit to be received by the vendee as rent or otherwise shall be considered as interest
which shall be subject to the usury laws. (n)
Art. 1603. In case of doubt, a contract purporting to be a sale with right to repurchase shall be construed as an equitable mortgage. (n)
Art. 1604. The provisions of Article 1602 shall also apply to a contract purporting to be an absolute sale. (n)
Art. 1605. In the cases referred to in Articles 1602 and 1604, the apparent vendor may ask for the reformation of the instrument. (n)
Art. 1606. The right referred to in Article 1601, in the absence of an express agreement, shall last four years from the date of the contract.
Should there be an agreement, the period cannot exceed ten years.
However, the vendor may still exercise the right to repurchase within thirty days from the time final judgment was rendered in a civil action on the
basis that the contract was a true sale with right to repurchase. (1508a)
Art. 1607. In case of real property, the consolidation of ownership in the vendee by virtue of the failure of the vendor to comply with the provisions
of article 1616 shall not be recorded in the Registry of Property without a judicial order, after the vendor has been duly heard. (n)
Art. 1608. The vendor may bring his action against every possessor whose right is derived from the vendee, even if in the second contract no
mention should have been made of the right to repurchase, without prejudice to the provisions of the Mortgage Law and the Land Registration Law
with respect to third persons. (1510)
Art. 1609. The vendee is subrogated to the vendor's rights and actions. (1511)
Art. 1610. The creditors of the vendor cannot make use of the right of redemption against the vendee, until after they have exhausted the property
of the vendor. (1512)
Art. 1611. In a sale with a right to repurchase, the vendee of a part of an undivided immovable who acquires the whole thereof in the case of article
498, may compel the vendor to redeem the whole property, if the latter wishes to make use of the right of redemption. (1513)
Art. 1612. If several persons, jointly and in the same contract, should sell an undivided immovable with a right of repurchase, none of them may
exercise this right for more than his respective share.
The same rule shall apply if the person who sold an immovable alone has left several heirs, in which case each of the latter may only redeem the
part which he may have acquired. (1514)
Art. 1613. In the case of the preceding article, the vendee may demand of all the vendors or co-heirs that they come to an agreement upon the
purchase of the whole thing sold; and should they fail to do so, the vendee cannot be compelled to consent to a partial redemption. (1515)
Art. 1614. Each one of the co-owners of an undivided immovable who may have sold his share separately, may independently exercise the right of
repurchase as regards his own share, and the vendee cannot compel him to redeem the whole property. (1516)
Art. 1615. If the vendee should leave several heirs, the action for redemption cannot be brought against each of them except for his own share,
whether the thing be undivided, or it has been partitioned among them.
But if the inheritance has been divided, and the thing sold has been awarded to one of the heirs, the action for redemption may be instituted against
him for the whole. (1517)
Art. 1616. The vendor cannot avail himself of the right of repurchase without returning to the vendee the price of the sale, and in addition:
(1) The expenses of the contract, and any other legitimate payments made by reason of the sale;
(2) The necessary and useful expenses made on the thing sold. (1518)
Art. 1617. If at the time of the execution of the sale there should be on the land, visible or growing fruits, there shall be no reimbursement for or
prorating of those existing at the time of redemption, if no indemnity was paid by the purchaser when the sale was executed.
147 | M a r t i n e z
Should there have been no fruits at the time of the sale and some exist at the time of redemption, they shall be prorated between the redemptioner
and the vendee, giving the latter the part corresponding to the time he possessed the land in the last year, counted from the anniversary of the date
of the sale. (1519a)
Art. 1618. The vendor who recovers the thing sold shall receive it free from all charges or mortgages constituted by the vendee, but he shall respect
the leases which the latter may have executed in good faith, and in accordance with the custom of the place where the land is situated. (1520)
SECTION 2. - Legal Redemption
Art. 1619. Legal redemption is the right to be subrogated, upon the same terms and conditions stipulated in the contract, in the place of one who
acquires a thing by purchase or dation in payment, or by any other transaction whereby ownership is transmitted by onerous title. (1521a)
Art. 1620. A co-owner of a thing may exercise the right of redemption in case the shares of all the other co-owners or of any of them, are sold to a
third person. If the price of the alienation is grossly excessive, the redemptioner shall pay only a reasonable one.
Should two or more co-owners desire to exercise the right of redemption, they may only do so in proportion to the share they may respectively have
in the thing owned in common. (1522a)
Art. 1621. The owners of adjoining lands shall also have the right of redemption when a piece of rural land, the area of which does not exceed one
hectare, is alienated, unless the grantee does not own any rural land.
This right is not applicable to adjacent lands which are separated by brooks, drains, ravines, roads and other apparent servitudes for the benefit of
other estates.
If two or more adjoining owners desire to exercise the right of redemption at the same time, the owner of the adjoining land of smaller area shall be
preferred; and should both lands have the same area, the one who first requested the redemption. (1523a)
Art. 1622. Whenever a piece of urban land which is so small and so situated that a major portion thereof cannot be used for any practical purpose
within a reasonable time, having been bought merely for speculation, is about to be re-sold, the owner of any adjoining land has a right of pre-
emption at a reasonable price.
If the re-sale has been perfected, the owner of the adjoining land shall have a right of redemption, also at a reasonable price.
When two or more owners of adjoining lands wish to exercise the right of
pre-emption or redemption, the owner whose intended use of the land in question appears best justified shall be preferred. (n)
Art. 1623. The right of legal pre-emption or redemption shall not be exercised except within thirty days from the notice in writing by the prospective
vendor, or by the vendor, as the case may be. The deed of sale shall not be recorded in the Registry of Property, unless accompanied by an
affidavit of the vendor that he has given written notice thereof to all possible redemptioners.
The right of redemption of co-owners excludes that of adjoining owners. (1524a)
CHAPTER 8
ASSIGNMENT OF CREDITS AND OTHER INCORPOREAL RIGHTS
Art. 1624. An assignment of creditors and other incorporeal rights shall be perfected in accordance with the provisions of Article 1475. (n)
Art. 1625. An assignment of a credit, right or action shall produce no effect as against third person, unless it appears in a public instrument, or the
instrument is recorded in the Registry of Property in case the assignment involves real property. (1526)
Art. 1626. The debtor who, before having knowledge of the assignment, pays his creditor shall be released from the obligation. (1527)
Art. 1627. The assignment of a credit includes all the accessory rights, such as a guaranty, mortgage, pledge or preference. (1528)
148 | M a r t i n e z
Art. 1628. The vendor in good faith shall be responsible for the existence and legality of the credit at the time of the sale, unless it should have been
sold as doubtful; but not for the solvency of the debtor, unless it has been so expressly stipulated or unless the insolvency was prior to the sale and
of common knowledge.
Even in these cases he shall only be liable for the price received and for the expenses specified in No. 1 of Article 1616.
The vendor in bad faith shall always be answerable for the payment of all expenses, and for damages. (1529)
Art. 1629. In case the assignor in good faith should have made himself responsible for the solvency of the debtor, and the contracting parties
should not have agreed upon the duration of the liability, it shall last for one year only, from the time of the assignment if the period had already
expired.
If the credit should be payable within a term or period which has not yet expired, the liability shall cease one year after the maturity. (1530a)
Art. 1630. One who sells an inheritance without enumerating the things of which it is composed, shall only be answerable for his character as an
heir. (1531)
Art. 1631. One who sells for a lump sum the whole of certain rights, rents, or products, shall comply by answering for the legitimacy of the whole in
general; but he shall not be obliged to warrant each of the various parts of which it may be composed, except in the case of eviction from the whole
or the part of greater value. (1532a)
Art. 1632. Should the vendor have profited by some of the fruits or received anything from the inheritance sold, he shall pay the vendee thereof, if
the contrary has not been stipulated. (1533)
Art. 1633. The vendee shall, on his part, reimburse the vendor for all that the latter may have paid for the debts of and charges on the estate and
satisfy the credits he may have against the same, unless there is an agreement to the contrary. (1534)
Art. 1634. When a credit or other incorporeal right in litigation is sold, the debtor shall have a right to extinguish it by reimbursing the assignee for
the price the latter paid therefor, the judicial costs incurred by him, and the interest on the price from the day on which the same was paid.
A credit or other incorporeal right shall be considered in litigation from the time the complaint concerning the same is answered.
The debtor may exercise his right within thirty days from the date the assignee demands payment from him. (1535)
Art. 1635. From the provisions of the preceding article shall be excepted the assignments or sales made:
(1) To a co-heir or co-owner of the right assigned;
(2) To a creditor in payment of his credit;
(3) To the possessor of a tenement or piece of land which is subject to the right in litigation assigned. (1536)
CHAPTER 9
GENERAL PROVISIONS
Art. 1636. In the preceding articles in this Title governing the sale of goods, unless the context or subject matter otherwise requires:
(1) "Document of title to goods" includes any bill of lading, dock warrant, "quedan," or warehouse receipt or order for the delivery of goods, or any
other document used in the ordinary course of business in the sale or transfer of goods, as proof of the possession or control of the goods, or
authorizing or purporting to authorize the possessor of the document to transfer or receive, either by endorsement or by delivery, goods
represented by such document.
"Goods" includes all chattels personal but not things in action or money of legal tender in the Philippines. The term includes growing fruits or crops.
"Order" relating to documents of title means an order by endorsement on the documents.

149 | M a r t i n e z
"Quality of goods" includes their state or condition.
"Specific goods" means goods identified and agreed upon at the time a contract of sale is made.
An antecedent or pre-existing claim, whether for money or not, constitutes "value" where goods or documents of title are taken either in satisfaction
thereof or as security therefor.
(2) A person is insolvent within the meaning of this Title who either has ceased to pay his debts in the ordinary course of business or cannot pay his
debts as they become due, whether insolvency proceedings have been commenced or not.
(3) Goods are in a "deliverable state" within the meaning of this Title when they are in such a state that the buyer would, under the contract, be
bound to take delivery of them. (n)
Art. 1637. The provisions of this Title are subject to the rules laid down by the Mortgage Law and the Land Registration Law with regard to
immovable property. (1537a)
Title VII.
BARTER OR EXCHANGE
Art. 1638. By the contract of barter or exchange one of the parties binds himself to give one thing in consideration of the other's promise to give
another thing. (1538a)
Art. 1639. If one of the contracting parties, having received the thing promised him in barter, should prove that it did not belong to the person who
gave it, he cannot be compelled to deliver that which he offered in exchange, but he shall be entitled to damages. (1539a)
Art. 1640. One who loses by eviction the thing received in barter may recover that which he gave in exchange with a right to damages, or he may
only demand an indemnity for damages. However, he can only make use of the right to recover the thing which he has delivered while the same
remains in the possession of the other party, and without prejudice to the rights acquired in good faith in the meantime by a third person. (1540a)
Art. 1641. As to all matters not specifically provided for in this Title, barter shall be governed by the provisions of the preceding Title relating to
sales. (1541a)
Title VIII.
LEASE
CHAPTER 1
GENERAL PROVISIONS
Art. 1642. The contract of lease may be of things, or of work and service. (1542)
Art. 1643. In the lease of things, one of the parties binds himself to give to another the enjoyment or use of a thing for a price certain, and for a
period which may be definite or indefinite. However, no lease for more than ninety-nine years shall be valid. (1543a)
Art. 1644. In the lease of work or service, one of the parties binds himself to execute a piece of work or to render to the other some service for a
price certain, but the relation of principal and agent does not exist between them. (1544a)
150 | M a r t i n e z
Art. 1645. Consumable goods cannot be the subject matter of a contract of lease, except when they are merely to be exhibited or when they are
accessory to an industrial establishment. (1545a)
CHAPTER 2
LEASE OF RURAL AND URBAN LANDS
Art. 1646. The persons disqualified to buy referred to in Articles 1490 and 1491, are also disqualified to become lessees of the things mentioned
therein. (n)
Art. 1647. If a lease is to be recorded in the Registry of Property, the following persons cannot constitute the same without proper authority: the
husband with respect to the wife's paraphernal real estate, the father or guardian as to the property of the minor or ward, and the manager without
special power. (1548a)
Art. 1648. Every lease of real estate may be recorded in the Registry of Property. Unless a lease is recorded, it shall not be binding upon third
persons. (1549a)
Art. 1649. The lessee cannot assign the lease without the consent of the lessor, unless there is a stipulation to the contrary. (n)
Art. 1650. When in the contract of lease of things there is no express prohibition, the lessee may sublet the thing leased, in whole or in part, without
prejudice to his responsibility for the performance of the contract toward the lessor. (1550)
Art. 1651. Without prejudice to his obligation toward the sublessor, the sublessee is bound to the lessor for all acts which refer to the use and
preservation of the thing leased in the manner stipulated between the lessor and the lessee. (1551)
Art. 1652. The sublessee is subsidiarily liable to the lessor for any rent due from the lessee. However, the sublessee shall not be responsible
beyond the amount of rent due from him, in accordance with the terms of the sublease, at the time of the extrajudicial demand by the lessor.
Payments of rent in advance by the sublessee shall be deemed not to have been made, so far as the lessor's claim is concerned, unless said
payments were effected in virtue of the custom of the place. (1552a)
Art. 1653. The provisions governing warranty, contained in the Title on Sales, shall be applicable to the contract of lease.
In the cases where the return of the price is required, reduction shall be made in proportion to the time during which the lessee enjoyed the thing.
(1553)
SECTION 2. - Rights and Obligations of the Lessor and the Lessee
Art. 1654. The lessor is obliged:
(1) To deliver the thing which is the object of the contract in such a condition as to render it fit for the use intended;
(2) To make on the same during the lease all the necessary repairs in order to keep it suitable for the use to which it has been devoted, unless
there is a stipulation to the contrary;
(3) To maintain the lessee in the peaceful and adequate enjoyment of the lease for the entire duration of the contract. (1554a)
Art. 1655. If the thing leased is totally destroyed by a fortuitous event, the lease is extinguished. If the destruction is partial, the lessee may choose
between a proportional reduction of the rent and a rescission of the lease. (n)
Art. 1656. The lessor of a business or industrial establishment may continue engaging in the same business or industry to which the lessee devotes
the thing leased, unless there is a stipulation to the contrary. (n)
Art. 1657. The lessee is obliged:

151 | M a r t i n e z
(1) To pay the price of the lease according to the terms stipulated;
(2) To use the thing leased as a diligent father of a family, devoting it to the use stipulated; and in the absence of stipulation, to that which may be
inferred from the nature of the thing leased, according to the custom of the place;
(3) To pay expenses for the deed of lease. (1555)
Art. 1658. The lessee may suspend the payment of the rent in case the lessor fails to make the necessary repairs or to maintain the lessee in
peaceful and adequate enjoyment of the property leased. (n)
Art. 1659. If the lessor or the lessee should not comply with the obligations set forth in Articles 1654 and 1657, the aggrieved party may ask for the
rescission of the contract and indemnification for damages, or only the latter, allowing the contract to remain in force. (1556)
Art. 1660. If a dwelling place or any other building intended for human habitation is in such a condition that its use brings imminent and serious
danger to life or health, the lessee may terminate the lease at once by notifying the lessor, even if at the time the contract was perfected the former
knew of the dangerous condition or waived the right to rescind the lease on account of this condition. (n)
Art. 1661. The lessor cannot alter the form of the thing leased in such a way as to impair the use to which the thing is devoted under the terms of
the lease. (1557a)
Art. 1662. If during the lease it should become necessary to make some urgent repairs upon the thing leased, which cannot be deferred until the
termination of the lease, the lessee is obliged to tolerate the work, although it may be very annoying to him, and although during the same, he may
be deprived of a part of the premises.
If the repairs last more than forty days the rent shall be reduced in proportion to the time - including the first forty days - and the part of the property
of which the lessee has been deprived.
When the work is of such a nature that the portion which the lessee and his family need for their dwelling becomes uninhabitable, he may rescind
the contract if the main purpose of the lease is to provide a dwelling place for the lessee. (1558a)
Art. 1663. The lessee is obliged to bring to the knowledge of the proprietor, within the shortest possible time, every usurpation or untoward act
which any third person may have committed or may be openly preparing to carry out upon the thing leased.
He is also obliged to advise the owner, with the same urgency, of the need of all repairs included in No. 2 of Article 1654.
In both cases the lessee shall be liable for the damages which, through his negligence, may be suffered by the proprietor.
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. (1559a)
Art. 1664. The lessor is not obliged to answer for a mere act of trespass which a third person may cause on the use of the thing leased; but the
lessee shall have a direct action against the intruder.
There is a mere act of trespass when the third person claims no right whatever. (1560a)
Art. 1665. The lessee shall return the thing leased, upon the termination of the lease, as he received it, save what has been lost or impaired by the
lapse of time, or by ordinary wear and tear, or from an inevitable cause. (1561a)
Art. 1666. In the absence of a statement concerning the condition of the thing at the time the lease was constituted, the law presumes that the
lessee received it in good condition, unless there is proof to the contrary. (1562)
Art. 1667. The lessee is responsible for the deterioration or loss of the thing leased, unless he proves that it took place without his fault. This burden
of proof on the lessee does not apply when the destruction is due to earthquake, flood, storm or other natural calamity. (1563a)
Art. 1668. The lessee is liable for any deterioration caused by members of his household and by guests and visitors. (1564a)
Art. 1669. If the lease was made for a determinate time, it ceases upon the day fixed, without the need of a demand. (1565)
Art. 1670. If at the end of the contract the lessee should continue enjoying the thing leased for fifteen days with the acquiescence of the lessor, and
unless a notice to the contrary by either party has previously been given, it is understood that there is an implied new lease, not for the period of the
original contract, but for the time established in Articles 1682 and 1687. The other terms of the original contract shall be revived. (1566a)
Art. 1671. If the lessee continues enjoying the thing after the expiration of the contract, over the lessor's objection, the former shall be subject to the
responsibilities of a possessor in bad faith. (n)
152 | M a r t i n e z
Art. 1672. In case of an implied new lease, the obligations contracted by a third person for the security of the principal contract shall cease with
respect to the new lease. (1567)
Art. 1673. The lessor may judicially eject the lessee for any of the following causes:
(1) When the period agreed upon, or that which is fixed for the duration of leases under Articles 1682 and 1687, has expired;
(2) Lack of payment of the price stipulated;
(3) Violation of any of the conditions agreed upon in the contract;
(4) When the lessee devotes the thing leased to any use or service not stipulated which causes the deterioration thereof; or if he does not observe
the requirement in No. 2 of Article 1657, as regards the use thereof.
The ejectment of tenants of agricultural lands is governed by special laws. (1569a)
Art. 1674. In ejectment cases where an appeal is taken the remedy granted in Article 539, second paragraph, shall also apply, if the higher court is
satisfied that the lessee's appeal is frivolous or dilatory, or that the lessor's appeal is prima facie meritorious. The period of ten days referred to in
said article shall be counted from the time the appeal is perfected. (n)
Art. 1675. Except in cases stated in Article 1673, the lessee shall have a right to make use of the periods established in Articles 1682 and 1687.
(1570)
Art. 1676. The purchaser of a piece of land which is under a lease that is not recorded in the Registry of Property may terminate the lease, save
when there is a stipulation to the contrary in the contract of sale, or when the purchaser knows of the existence of the lease.
If the buyer makes use of this right, the lessee may demand that he be allowed to gather the fruits of the harvest which corresponds to the current
agricultural year and that the vendor indemnify him for damages suffered.
If the sale is fictitious, for the purpose of extinguishing the lease, the supposed vendee cannot make use of the right granted in the first paragraph
of this article. The sale is presumed to be fictitious if at the time the supposed vendee demands the termination of the lease, the sale is not
recorded in the Registry of Property. (1571a)
Art. 1677. 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. (1572)
Art. 1678. If the lessee makes, in , useful improvements which are suitable to the use for which the lease is intended, without altering the form or
substance of the property leased, the lessor upon the termination of the lease shall pay the lessee one-half of the value of the improvements at that
time. Should the lessor refuse to reimburse said amount, the lessee may remove the improvements, even though the principal thing may suffer
damage thereby. He shall not, however, cause any more impairment upon the property leased than is necessary.
With regard to ornamental expenses, the lessee shall not be entitled to any reimbursement, but he may remove the ornamental objects, provided
no damage is caused to the principal thing, and the lessor does not choose to retain them by paying their value at the time the lease is
extinguished. (n)
Art. 1679. If nothing has been stipulated concerning the place and the time for the payment of the lease, the provisions or Article 1251 shall be
observed as regards the place; and with respect to the time, the custom of the place shall be followed. (1574)
SECTION 3. - Special Provisions for Leases of Rural Lands
Art. 1680. The lessee shall have no right to a reduction of the rent on account of the sterility of the land leased, or by reason of the loss of fruits due
to ordinary fortuitous events; but he shall have such right in case of the loss of more than one-half of the fruits through extraordinary and
unforeseen fortuitous events, save always when there is a specific stipulation to the contrary.
Extraordinary fortuitous events are understood to be: fire, war, pestilence, unusual flood, locusts, earthquake, or others which are uncommon, and
which the contracting parties could not have reasonably foreseen. (1575)
Art. 1681. Neither does the lessee have any right to a reduction of the rent if the fruits are lost after they have been separated from their stalk, root
or trunk. (1576)
Art. 1682. The lease of a piece of rural land, when its duration has not been fixed, is understood to have been for all the time necessary for the
gathering of the fruits which the whole estate leased may yield in one year, or which it may yield once, although two or more years have to elapse
for the purpose. (1577a)
153 | M a r t i n e z
Art. 1683. The outgoing lessee shall allow the incoming lessee or the lessor the use of the premises and other means necessary for the preparatory
labor for the following year; and, reciprocally, the incoming lessee or the lessor is under obligation to permit the outgoing lessee to do whatever
may be necessary for the gathering or harvesting and utilization of the fruits, all in accordance with the custom of the place. (1578a)
Art. 1684. Land tenancy on shares shall be governed by special laws, the stipulations of the parties, the provisions on partnership and by the
customs of the place. (1579a)
Art. 1685. The tenant on shares cannot be ejected except in cases specified by law. (n)
SECTION 4. - Special Provisions of the Lease of Urban Lands
Art. 1686. 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. In case of doubt it is understood that the repairs are chargeable against him. (1580a)
Art. 1687. If the period for the lease has not been fixed, it is understood to be from year to year, if the rent agreed upon is annual; from month to
month, if it is monthly; from week to week, if the rent is weekly; and from day to day, if the rent is to be paid daily. However, even though a monthly
rent is paid, and no period for the lease has been set, the courts may fix a longer term for the lease after the lessee has occupied the premises for
over one year. If the rent is weekly, the courts may likewise determine a longer period after the lessee has been in possession for over six months.
In case of daily rent, the courts may also fix a longer period after the lessee has stayed in the place for over one month. (1581a)
Art. 1688. When the lessor of a house, or part thereof, used as a dwelling for a family, or when the lessor of a store, or industrial establishment,
also leases the furniture, the lease of the latter shall be deemed to be for the duration of the lease of the premises. (1582)
CHAPTER 3
WORK AND LABOR
SECTION 1. - Household Service (n)
Art. 1689. Household service shall always be reasonably compensated. Any stipulation that household service is without compensation shall be
void. Such compensation shall be in addition to the house helper's lodging, food, and medical attendance.
Art. 1690. The head of the family shall furnish, free of charge, to the house helper, suitable and sanitary quarters as well as adequate food and
medical attendance.
Art. 1691. If the house helper is under the age of eighteen years, the head of the family shall give an opportunity to the house helper for at least
elementary education. The cost of such education shall be a part of the house helper's compensation, unless there is a stipulation to the contrary.
Art. 1692. No contract for household service shall last for more than two years. However, such contract may be renewed from year to year.
Art. 1693. The house helper's clothes shall be subject to stipulation. However, any contract for household service shall be void if thereby the house
helper cannot afford to acquire suitable clothing.
Art. 1694. The head of the family shall treat the house helper in a just and humane manner. In no case shall physical violence be used upon the
house helper.
Art. 1695. House helper shall not be required to work more than ten hours a day. Every house helper shall be allowed four days' vacation each
month, with pay.
Art. 1696. 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. 1697. If the period for household service is fixed neither the head of the family nor the house helper may terminate the contract before the
expiration of the term, except for a just cause. If the house helper is unjustly dismissed, he shall be paid the compensation already earned plus that
for fifteen days by way of indemnity. If the house helper leaves without justifiable reason, he shall forfeit any salary due him and unpaid, for not
exceeding fifteen days.
154 | M a r t i n e z
Art. 1698. 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:
(1) If the compensation is paid by the day, notice may be given on any day that the service shall end at the close of the following day;
(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.
Art. 1699. Upon the extinguishment of the service relation, the house helper may demand from the head of the family a written statement on the
nature and duration of the service and the efficiency and conduct of the house helper.
SECTION 2. - Contract of Labor (n)
Art. 1700. The relations between capital and labor are not merely contractual. They are so impressed with public interest that labor contracts must
yield to the common good. Therefore, such contracts are subject to the special laws on labor unions, collective bargaining, strikes and lockouts,
closed shop, wages, working conditions, hours of labor and similar subjects.
Art. 1701. Neither capital nor labor shall act oppressively against the other, or impair the interest or convenience of the public.
Art. 1702. In case of doubt, all labor legislation and all labor contracts shall be construed in favor of the safety and decent living for the laborer.
Art. 1703. No contract which practically amounts to involuntary servitude, under any guise whatsoever, shall be valid.
Art. 1704. In collective bargaining, the labor union or members of the board or committee signing the contract shall be liable for non-fulfillment
thereof.
Art. 1705. The laborer's wages shall be paid in legal currency.
Art. 1706. Withholding of the wages, except for a debt due, shall not be made by the employer.
Art. 1707. The laborer's wages shall be a lien on the goods manufactured or the work done.
Art. 1708. The laborer's wages shall not be subject to execution or attachment, except for debts incurred for food, shelter, clothing and medical
attendance.
Art. 1709. The employer shall neither seize nor retain any tool or other articles belonging to the laborer.
Art. 1710. Dismissal of laborers shall be subject to the supervision of the Government, under special laws.
Art. 1711. Owners of enterprises and other employers are obliged to pay compensation for the death of or injuries to their laborers, workmen,
mechanics or other employees, even though the event may have been purely accidental or entirely due to a fortuitous cause, if the death or
personal injury arose out of and in the course of the employment. The employer is also liable for compensation if the employee contracts any illness
or disease caused by such employment or as the result of the nature of the employment. If the mishap was due to the employee's own notorious
negligence, or voluntary act, or drunkenness, the employer shall not be liable for compensation. When the employee's lack of due care contributed
to his death or injury, the compensation shall be equitably reduced.
Art. 1712. If the death or injury is due to the negligence of a fellow worker, the latter and the employer shall be solidarily liable for compensation. If a
fellow worker's intentional malicious act is the only cause of the death or injury, the employer shall not be answerable, unless it should be shown
that the latter did not exercise due diligence in the selection or supervision of the plaintiff's fellow worker.
SECTION 3. - Contract for a Piece of Work
Art. 1713. By the contract for a piece of work the contractor binds himself to execute a piece of work for the employer, in consideration of a certain
price or compensation. The contractor may either employ only his labor or skill, or also furnish the material. (1588a)
Art. 1714. If the contractor agrees to produce the work from material furnished by him, he shall deliver the thing produced to the employer and
transfer dominion over the thing. This contract shall be governed by the following articles as well as by the pertinent provisions on warranty of title
and against hidden defects and the payment of price in a contract of sale. (n)
155 | M a r t i n e z
Art. 1715. The contract shall execute the work in such a manner that it has the qualities agreed upon and has no defects which destroy or lessen its
value or fitness for its ordinary or stipulated use. Should the work be not of such quality, the employer may require that the contractor remove the
defect or execute another work. If the contract fails or refuses to comply with this obligation, the employer may have the defect removed or another
work executed, at the contractor's cost. (n)
Art. 1716. An agreement waiving or limiting the contractor's liability for any defect in the work is void if the contractor acted fraudulently. (n)
Art. 1717. If the contractor bound himself to furnish the material, he shall suffer the loss if the work should be destroyed before its delivery, save
when there has been delay in receiving it. (1589)
Art. 1718. The contractor who has undertaken to put only his work or skill, cannot claim any compensation if the work should be destroyed before
its delivery, unless there has been delay in receiving it, or if the destruction was caused by the poor quality of the material, provided this fact was
communicated in due time to the owner. If the material is lost through a fortuitous event, the contract is extinguished. (1590a)
Art. 1719. Acceptance of the work by the employer relieves the contractor of liability for any defect in the work, unless:
(1) The defect is hidden and the employer is not, by his special knowledge, expected to recognize the same; or
(2) The employer expressly reserves his rights against the contractor by reason of the defect. (n)
Art. 1720. The price or compensation shall be paid at the time and place of delivery of the work, unless there is a stipulation to the contrary. If the
work is to be delivered partially, the price or compensation for each part having been fixed, the sum shall be paid at the time and place of delivery,
in the absence if stipulation. (n)
Art. 1721. If, in the execution of the work, an act of the employer is required, and he incurs in delay or fails to perform the act, the contractor is
entitled to a reasonable compensation.
The amount of the compensation is computed, on the one hand, by the duration of the delay and the amount of the compensation stipulated, and
on the other hand, by what the contractor has saved in expenses by reason of the delay or is able to earn by a different employment of his time and
industry. (n)
Art. 1722. If the work cannot be completed on account of a defect in the material furnished by the employer, or because of orders from the
employer, without any fault on the part of the contractor, the latter has a right to an equitable part of the compensation proportionally to the work
done, and reimbursement for proper expenses made. (n)
Art. 1723. 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. (n)
Art. 1724. The contractor who undertakes to build a structure or any other work for a stipulated price, in conformity with plans and specifications
agreed upon with the land-owner, can neither withdraw from the contract nor demand an increase in the price on account of the higher cost of labor
or materials, save when there has been a change in the plans and specifications, provided:
(1) Such change has been authorized by the proprietor in writing; and
(2) The additional price to be paid to the contractor has been determined in writing by both parties. (1593a)
Art. 1725. The owner may withdraw at will from the construction of the work, although it may have been commenced, indemnifying the contractor
for all the latter's expenses, work, and the usefulness which the owner may obtain therefrom, and damages. (1594a)
Art. 1726. When a piece of work has been entrusted to a person by reason of his personal qualifications, the contract is rescinded upon his death.
In this case the proprietor shall pay the heirs of the contractor in proportion to the price agreed upon, the value of the part of the work done, and of
the materials prepared, provided the latter yield him some benefit.
The same rule shall apply if the contractor cannot finish the work due to circumstances beyond his control. (1595)
156 | M a r t i n e z
Art. 1727. The contractor is responsible for the work done by persons employed by him. (1596)
Art. 1728. The contractor is liable for all the claims of laborers and others employed by him, and of third persons for death or physical injuries during
the construction. (n)
Art. 1729. Those who put their labor upon or furnish materials for a piece of work undertaken by the contractor have an action against the owner up
to the amount owing from the latter to the contractor at the time the claim is made. However, the following shall not prejudice the laborers,
employees and furnishers of materials:
(1) Payments made by the owner to the contractor before they are due;
(2) Renunciation by the contractor of any amount due him from the owner.
This article is subject to the provisions of special laws. (1597a)
Art. 1730. If it is agreed that the work shall be accomplished to the satisfaction of the proprietor, it is understood that in case of disagreement the
question shall be subject to expert judgment.
If the work is subject to the approval of a third person, his decision shall be final, except in case of fraud or manifest error. (1598a)
Art. 1731. He who has executed work upon a movable has a right to retain it by way of pledge until he is paid. (1600)
SECTION 4. - Common Carriers (n)
SUBSECTION 1. - General Provisions
Art. 1732. Common carriers are persons, corporations, firms or associations engaged in the business of carrying or transporting passengers or
goods or both, by land, water, or air, for compensation, offering their services to the public.
Art. 1733. Common carriers, from the nature of their business and for reasons of public policy, are bound to observe extraordinary diligence in the
vigilance over the goods and for the safety of the passengers transported by them, according to all the circumstances of each case.
Such extraordinary diligence in the vigilance over the goods is further expressed in Articles 1734, 1735, and 1745, Nos. 5, 6, and 7, while the
extraordinary diligence for the safety of the passengers is further set forth in Articles 1755 and 1756.
SUBSECTION 2. - Vigilance Over Goods
Art. 1734. Common carriers are responsible for the loss, destruction, or deterioration of the goods, unless the same is due to any of the following
causes only:
(1) Flood, storm, earthquake, lightning, or other natural disaster or calamity;
(2) Act of the public enemy in war, whether international or civil;
(3) Act of omission of the shipper or owner of the goods;
(4) The character of the goods or defects in the packing or in the containers;
(5) Order or act of competent public authority.
Art. 1735. In all cases other than those mentioned in Nos. 1, 2, 3, 4, and 5 of the preceding article, if the goods are lost, destroyed or deteriorated,
common carriers are presumed to have been at fault or to have acted negligently, unless they prove that they observed extraordinary diligence as
required in Article 1733.
Art. 1736. The extraordinary responsibility of the common carrier lasts from the time the goods are unconditionally placed in the possession of, and
received by the carrier for transportation until the same are delivered, actually or constructively, by the carrier to the consignee, or to the person
who has a right to receive them, without prejudice to the provisions of Article 1738.
Art. 1737. The common carrier's duty to observe extraordinary diligence over the goods remains in full force and effect even when they are
temporarily unloaded or stored in transit, unless the shipper or owner has made use of the right of stoppage in transitu.
157 | M a r t i n e z
Art. 1738. The extraordinary liability of the common carrier continues to be operative even during the time the goods are stored in a warehouse of
the carrier at the place of destination, until the consignee has been advised of the arrival of the goods and has had reasonable opportunity
thereafter to remove them or otherwise dispose of them.
Art. 1739. In order that the common carrier may be exempted from responsibility, the natural disaster must have been the proximate and only
cause of the loss. However, the common carrier must exercise due diligence to prevent or minimize loss before, during and after the occurrence of
flood, storm or other natural disaster in order that the common carrier may be exempted from liability for the loss, destruction, or deterioration of the
goods. The same duty is incumbent upon the common carrier in case of an act of the public enemy referred to in Article 1734, No. 2.
Art. 1740. If the common carrier negligently incurs in delay in transporting the goods, a natural disaster shall not free such carrier from
responsibility.
Art. 1741. If the shipper or owner merely contributed to the loss, destruction or deterioration of the goods, the proximate cause thereof being the
negligence of the common carrier, the latter shall be liable in damages, which however, shall be equitably reduced.
Art. 1742. Even if the loss, destruction, or deterioration of the goods should be caused by the character of the goods, or the faulty nature of the
packing or of the containers, the common carrier must exercise due diligence to forestall or lessen the loss.
Art. 1743. If through the order of public authority the goods are seized or destroyed, the common carrier is not responsible, provided said public
authority had power to issue the order.
Art. 1744. A stipulation between the common carrier and the shipper or owner limiting the liability of the former for the loss, destruction, or
deterioration of the goods to a degree less than extraordinary diligence shall be valid, provided it be:
(1) In writing, signed by the shipper or owner;
(2) Supported by a valuable consideration other than the service rendered by the common carrier; and
(3) Reasonable, just and not contrary to public policy.
Art. 1745. Any of the following or similar stipulations shall be considered unreasonable, unjust and contrary to public policy:
(1) That the goods are transported at the risk of the owner or shipper;
(2) That the common carrier will not be liable for any loss, destruction, or deterioration of the goods;
(3) That the common carrier need not observe any diligence in the custody of the goods;
(4) That the common carrier shall exercise a degree of diligence less than that of a good father of a family, or of a man of ordinary prudence in the
vigilance over the movables transported;
(5) That the common carrier shall not be responsible for the acts or omission of his or its employees;
(6) That the common carrier's liability for acts committed by thieves, or of robbers who do not act with grave or irresistible threat, violence or force,
is dispensed with or diminished;
(7) That the common carrier is not responsible for the loss, destruction, or deterioration of goods on account of the defective condition of the car,
vehicle, ship, airplane or other equipment used in the contract of carriage.
Art. 1746. An agreement limiting the common carrier's liability may be annulled by the shipper or owner if the common carrier refused to carry the
goods unless the former agreed to such stipulation.
Art. 1747. If the common carrier, without just cause, delays the transportation of the goods or changes the stipulated or usual route, the contract
limiting the common carrier's liability cannot be availed of in case of the loss, destruction, or deterioration of the goods.
Art. 1748. An agreement limiting the common carrier's liability for delay on account of strikes or riots is valid.
Art. 1749. A stipulation that the common carrier's liability is limited to the value of the goods appearing in the bill of lading, unless the shipper or
owner declares a greater value, is binding.
Art. 1750. A contract fixing the sum that may be recovered. by the owner or shipper for the loss, destruction, or deterioration of the goods is valid, if
it is reasonable and just under the circumstances, and has been fairly and freely agreed upon.
158 | M a r t i n e z
Art. 1751. The fact that the common carrier has no competitor along the line or route, or a part thereof, to which the contract refers shall be taken
into consideration on the question of whether or not a stipulation limiting the common carrier's liability is reasonable, just and in consonance with
public policy.
Art. 1752. Even when there is an agreement limiting the liability of the common carrier in the vigilance over the goods, the common carrier is
disputably presumed to have been negligent in case of their loss, destruction or deterioration.
Art. 1753. The law of the country to which the goods are to be transported shall govern the liability of the common carrier for their loss, destruction
or deterioration.
Art. 1754. 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. As to other baggage, the rules in Articles 1998 and 2000 to 2003 concerning the responsibility of hotel-keepers shall be applicable.
SUBSECTION 3. - Safety of Passengers
Art. 1755. A common carrier is bound to carry the passengers safely as far as human care and foresight can provide, using the utmost diligence of
very cautious persons, with a due regard for all the circumstances.
Art. 1756. In case of death of or injuries to passengers, common carriers are presumed to have been at fault or to have acted negligently, unless
they prove that they observed extraordinary diligence as prescribed in Articles 1733 and 1755.
Art. 1757. The responsibility of a common carrier for the safety of passengers as required in Articles 1733 and 1755 cannot be dispensed with or
lessened by stipulation, by the posting of notices, by statements on tickets, or otherwise.
Art. 1758. When a passenger is carried gratuitously, a stipulation limiting the common carrier's liability for negligence is valid, but not for wilful acts
or gross negligence.
The reduction of fare does not justify any limitation of the common carrier's liability.
Art. 1759. Common carriers are liable for the death of or injuries to passengers through the negligence or wilful acts of the former's employees,
although such employees may have acted beyond the scope of their authority or in violation of the orders of the common carriers.
This liability of the common carriers does not cease upon proof that they exercised all the diligence of a good father of a family in the selection and
supervision of their employees.
Art. 1760. The common carrier's responsibility prescribed in the preceding article cannot be eliminated or limited by stipulation, by the posting of
notices, by statements on the tickets or otherwise.
Art. 1761. The passenger must observe the diligence of a good father of a family to avoid injury to himself.
Art. 1762. The contributory negligence of the passenger does not bar recovery of damages for his death or injuries, if the proximate cause thereof
is the negligence of the common carrier, but the amount of damages shall be equitably reduced.
Art. 1763. A common carrier is responsible for injuries suffered by a passenger on account of the wilful acts or negligence of other passengers or of
strangers, if the common carrier's employees through the exercise of the diligence of a good father of a family could have prevented or stopped the
act or omission.
SUBSECTION 4. - Common Provisions
Art. 1764. Damages in cases comprised in this Section shall be awarded in accordance with Title XVIII of this Book, concerning Damages. Article
2206 shall also apply to the death of a passenger caused by the breach of contract by a common carrier.
Art. 1765. The Public Service Commission may, on its own motion or on petition of any interested party, after due hearing, cancel the certificate of
public convenience granted to any common carrier that repeatedly fails to comply with his or its duty to observe extraordinary diligence as
prescribed in this Section.
Art. 1766. In all matters not regulated by this Code, the rights and obligations of common carriers shall be governed by the Code of Commerce and
by special laws.
159 | M a r t i n e z
Title IX.
PARTNERSHIP
CHAPTER 1
GENERAL PROVISIONS
Art. 1767. By the contract of partnership two or more persons bind themselves to contribute money, property, or industry to a common fund, with
the intention of dividing the profits among themselves.
Two or more persons may also form a partnership for the exercise of a profession. (1665a)
Art. 1768. The partnership has a judicial personality separate and distinct from that of each of the partners, even in case of failure to comply with
the requirements of Article 1772, first paragraph. (n)
Art. 1769. In determining whether a partnership exists, these rules shall apply:
(1) Except as provided by Article 1825, persons who are not partners as to each other are not partners as to third persons;
(2) Co-ownership or co-possession does not of itself establish a partnership, whether such-co-owners or co-possessors do or do not share any
profits made by the use of the property;
(3) The sharing of gross returns does not of itself establish a partnership, whether or not the persons sharing them have a joint or common right or
interest in any property from which the returns are derived;
(4) The receipt by a person of a share of the profits of a business is prima facie evidence that he is a partner in the business, but no such inference
shall be drawn if such profits were received in payment:
(a) As a debt by installments or otherwise;
(b) As wages of an employee or rent to a landlord;
(c) As an annuity to a widow or representative of a deceased partner;
(d) As interest on a loan, though the amount of payment vary with the profits of the business;
(e) As the consideration for the sale of a goodwill of a business or other property by installments or otherwise. (n)
Art. 1770. A partnership must have a lawful object or purpose, and must be established for the common benefit or interest of the partners.
When an unlawful partnership is dissolved by a judicial decree, the profits shall be confiscated in favor of the State, without prejudice to the
provisions of the Penal Code governing the confiscation of the instruments and effects of a crime. (1666a)
Art. 1771. A partnership may be constituted in any form, except where immovable property or real rights are contributed thereto, in which case a
public instrument shall be necessary. (1667a)
Art. 1772. Every contract of partnership having a capital of three thousand pesos or more, in money or property, shall appear in a public instrument,
which must be recorded in the Office of the Securities and Exchange Commission.
Failure to comply with the requirements of the preceding paragraph shall not affect the liability of the partnership and the members thereof to third
persons. (n)
Art. 1773. A contract of partnership is void, whenever immovable property is contributed thereto, if an inventory of said property is not made, signed
by the parties, and attached to the public instrument. (1668a)
Art. 1774. Any immovable property or an interest therein may be acquired in the partnership name. Title so acquired can be conveyed only in the
partnership name. (n)
160 | M a r t i n e z
Art. 1775. Associations and societies, whose articles are kept secret among the members, and wherein any one of the members may contract in
his own name with third persons, shall have no juridical personality, and shall be governed by the provisions relating to co-ownership. (1669)
Art. 1776. As to its object, a partnership is either universal or particular. As regards the liability of the partners, a partnership may be general or
limited. (1671a)
Art. 1777. A universal partnership may refer to all the present property or to all the profits. (1672)
Art. 1778. A partnership of all present property is that in which the partners contribute all the property which actually belongs to them to a common
fund, with the intention of dividing the same among themselves, as well as all the profits which they may acquire therewith. (1673)
Art. 1779. In a universal partnership of all present property, the property which belongs to each of the partners at the time of the constitution of the
partnership, becomes the common property of all the partners, as well as all the profits which they may acquire therewith.
A stipulation for the common enjoyment of any other profits may also be made; but the property which the partners may acquire subsequently by
inheritance, legacy, or donation cannot be included in such stipulation, except the fruits thereof. (1674a)
Art. 1780. A universal partnership of profits comprises all that the partners may acquire by their industry or work during the existence of the
partnership.
Movable or immovable property which each of the partners may possess at the time of the celebration of the contract shall continue to pertain
exclusively to each, only the usufruct passing to the partnership. (1675)
Art. 1781. Articles of universal partnership, entered into without specification of its nature, only constitute a universal partnership of profits. (1676)
Art. 1782. Persons who are prohibited from giving each other any donation or advantage cannot enter into universal partnership. (1677)
Art. 1783. A particular partnership has for its object determinate things, their use or fruits, or specific undertaking, or the exercise of a profession or
vocation. (1678)
CHAPTER 2
OBLIGATIONS OF THE PARTNERS
SECTION 1. - Obligations of the Partners Among Themselves
Art. 1784. A partnership begins from the moment of the execution of the contract, unless it is otherwise stipulated. (1679)
Art. 1785. When a partnership for a fixed term or particular undertaking is continued after the termination of such term or particular undertaking
without any express agreement, the rights and duties of the partners remain the same as they were at such termination, so far as is consistent with
a partnership at will.
A continuation of the business by the partners or such of them as habitually acted therein during the term, without any settlement or liquidation of
the partnership affairs, is prima facie evidence of a continuation of the partnership. (n)
Art. 1786. Every partner is a debtor of the partnership for whatever he may have promised to contribute thereto.
He shall also be bound for warranty in case of eviction with regard to specific and determinate things which he may have contributed to the
partnership, in the same cases and in the same manner as the vendor is bound with respect to the vendee. He shall also be liable for the fruits
thereof from the time they should have been delivered, without the need of any demand. (1681a)
Art. 1787. When the capital or a part thereof which a partner is bound to contribute consists of goods, their appraisal must be made in the manner
prescribed in the contract of partnership, and in the absence of stipulation, it shall be made by experts chosen by the partners, and according to
current prices, the subsequent changes thereof being for account of the partnership. (n)
Art. 1788. A partner who has undertaken to contribute a sum of money and fails to do so becomes a debtor for the interest and damages from the
time he should have complied with his obligation.
161 | M a r t i n e z
The same rule applies to any amount he may have taken from the partnership coffers, and his liability shall begin from the time he converted the
amount to his own use. (1682)
Art. 1789. An industrial partner cannot engage in business for himself, unless the partnership expressly permits him to do so; and if he should do
so, the capitalist partners may either exclude him from the firm or avail themselves of the benefits which he may have obtained in violation of this
provision, with a right to damages in either case. (n)
Art. 1790. Unless there is a stipulation to the contrary, the partners shall contribute equal shares to the capital of the partnership. (n)
Art. 1791. If there is no agreement to the contrary, in case of an imminent loss of the business of the partnership, any partner who refuses to
contribute an additional share to the capital, except an industrial partner, to save the venture, shall he obliged to sell his interest to the other
partners. (n)
Art. 1792. If a partner authorized to manage collects a demandable sum which was owed to him in his own name, from a person who owed the
partnership another sum also demandable, the sum thus collected shall be applied to the two credits in proportion to their amounts, even though he
may have given a receipt for his own credit only; but should he have given it for the account of the partnership credit, the amount shall be fully
applied to the latter.
The provisions of this article are understood to be without prejudice to the right granted to the other debtor by Article 1252, but only if the personal
credit of the partner should be more onerous to him. (1684)
Art. 1793. 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. (1685a)
Art. 1794. Every partner is responsible to the partnership for damages suffered by it through his fault, and he cannot compensate them with the
profits and benefits which he may have earned for the partnership by his industry. However, the courts may equitably lessen this responsibility if
through the partner's extraordinary efforts in other activities of the partnership, unusual profits have been realized. (1686a)
Art. 1795. The risk of specific and determinate things, which are not fungible, contributed to the partnership so that only their use and fruits may be
for the common benefit, shall be borne by the partner who owns them.
If the things contribute are fungible, or cannot be kept without deteriorating, or if they were contributed to be sold, the risk shall be borne by the
partnership. In the absence of stipulation, the risk of the things brought and appraised in the inventory, shall also be borne by the partnership, and
in such case the claim shall be limited to the value at which they were appraised. (1687)
Art. 1796. The partnership shall be responsible to every partner for the amounts he may have disbursed on behalf of the partnership and for the
corresponding interest, from the time the expense are made; it shall also answer to each partner for the obligations he may have contracted in good
faith in the interest of the partnership business, and for risks in consequence of its management. (1688a)
Art. 1797. The losses and profits shall be distributed in conformity with the agreement. If only the share of each partner in the profits has been
agreed upon, the share of each in the losses shall be in the same proportion.
In the absence of stipulation, the share of each partner in the profits and losses shall be in proportion to what he may have contributed, but the
industrial partner shall not be liable for the losses. As for the profits, the industrial partner shall receive such share as may be just and equitable
under the circumstances. If besides his services he has contributed capital, he shall also receive a share in the profits in proportion to his capital.
(1689a)
Art. 1798. If the partners have agreed to intrust to a third person the designation of the share of each one in the profits and losses, such designation
may be impugned only when it is manifestly inequitable. In no case may a partner who has begun to execute the decision of the third person, or
who has not impugned the same within a period of three months from the time he had knowledge thereof, complain of such decision.
The designation of losses and profits cannot be intrusted to one of the partners. (1690)
Art. 1799. A stipulation which excludes one or more partners from any share in the profits or losses is void. (1691)
Art. 1800. The partner who has been appointed manager in the articles of partnership may execute all acts of administration despite the opposition
of his partners, unless he should act in bad faith; and his power is irrevocable without just or lawful cause. The vote of the partners representing the
controlling interest shall be necessary for such revocation of power.
A power granted after the partnership has been constituted may be revoked at any time. (1692a)
162 | M a r t i n e z
Art. 1801. If two or more partners have been intrusted with the management of the partnership without specification of their respective duties, or
without a stipulation that one of them shall not act without the consent of all the others, each one may separately execute all acts of administration,
but if any of them should oppose the acts of the others, the decision of the majority shall prevail. In case of a tie, the matter shall be decided by the
partners owning the controlling interest. (1693a)
Art. 1802. In case it should have been stipulated that none of the managing partners shall act without the consent of the others, the concurrence of
all shall be necessary for the validity of the acts, and the absence or disability of any one of them cannot be alleged, unless there is imminent
danger of grave or irreparable injury to the partnership. (1694)
Art. 1803. When the manner of management has not been agreed upon, the following rules shall be observed:
(1) All the partners shall be considered agents and whatever any one of them may do alone shall bind the partnership, without prejudice to the
provisions of Article 1801.
(2) None of the partners may, without the consent of the others, make any important alteration in the immovable property of the partnership, even if
it may be useful to the partnership. But if the refusal of consent by the other partners is manifestly prejudicial to the interest of the partnership, the
court's intervention may be sought. (1695a)
Art. 1804. Every partner may associate another person with him in his share, but the associate shall not be admitted into the partnership without the
consent of all the other partners, even if the partner having an associate should be a manager. (1696)
Art. 1805. The partnership books shall be kept, subject to any agreement between the partners, at the principal place of business of the
partnership, and every partner shall at any reasonable hour have access to and may inspect and copy any of them. (n)
Art. 1806. Partners shall render on demand true and full information of all things affecting the partnership to any partner or the legal representative
of any deceased partner or of any partner under legal disability. (n)
Art. 1807. Every partner must account to the partnership for any benefit, and hold as trustee for it any profits derived by him without the consent of
the other partners from any transaction connected with the formation, conduct, or liquidation of the partnership or from any use by him of its
property. (n)
Art. 1808. The capitalist partners cannot engage for their own account in any operation which is of the kind of business in which the partnership is
engaged, unless there is a stipulation to the contrary.
Any capitalist partner violating this prohibition shall bring to the common funds any profits accruing to him from his transactions, and shall
personally bear all the losses. (n)
Art. 1809. Any partner shall have the right to a formal account as to partnership affairs:
(1) If he is wrongfully excluded from the partnership business or possession of its property by his co-partners;
(2) If the right exists under the terms of any agreement;
(3) As provided by article 1807;
(4) Whenever other circumstances render it just and reasonable. (n)
SECTION 2. - Property Rights of a Partner
Art. 1810. The property rights of a partner are:
(1) His rights in specific partnership property;
(2) His interest in the partnership; and
(3) His right to participate in the management. (n)
Art. 1811. A partner is co-owner with his partners of specific partnership property.
The incidents of this co-ownership are such that:

163 | M a r t i n e z
(1) A partner, subject to the provisions of this Title and to any agreement between the partners, has an equal right with his partners to possess
specific partnership property for partnership purposes; but he has no right to possess such property for any other purpose without the consent of
his partners;
(2) A partner's right in specific partnership property is not assignable except in connection with the assignment of rights of all the partners in the
same property;
(3) A partner's right in specific partnership property is not subject to attachment or execution, except on a claim against the partnership. When
partnership property is attached for a partnership debt the partners, or any of them, or the representatives of a deceased partner, cannot claim any
right under the homestead or exemption laws;
(4) A partner's right in specific partnership property is not subject to legal support under Article 291. (n)
Art. 1812. A partner's interest in the partnership is his share of the profits and surplus. (n)
Art. 1813. 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. However, in case of fraud in the management of the partnership, the assignee may avail himself of the usual remedies.
In case of a dissolution of the partnership, the assignee is entitled to receive his assignor's interest and may require an account from the date only
of the last account agreed to by all the partners. (n)
Art. 1814. Without prejudice to the preferred rights of partnership creditors under Article 1827, on due application to a competent court by any
judgment creditor of a partner, the court which entered the judgment, or any other court, may charge the interest of the debtor partner with payment
of the unsatisfied amount of such judgment debt with interest thereon; and may then or later appoint a receiver of his share of the profits, and of
any other money due or to fall due to him in respect of the partnership, and make all other orders, directions, accounts and inquiries which the
debtor partner might have made, or which the circumstances of the case may require.
The interest charged may be redeemed at any time before foreclosure, or in case of a sale being directed by the court, may be purchased without
thereby causing a dissolution:
(1) With separate property, by any one or more of the partners; or
(2) With partnership property, by any one or more of the partners with the consent of all the partners whose interests are not so charged or sold.
Nothing in this Title shall be held to deprive a partner of his right, if any, under the exemption laws, as regards his interest in the partnership. (n)
SECTION 3. - Obligations of the Partners With Regard to Third Persons
Art. 1815. Every partnership shall operate under a firm name, which may or may not include the name of one or more of the partners.
Those who, not being members of the partnership, include their names in the firm name, shall be subject to the liability of a partner. (n)
Art. 1816. All partners, including industrial ones, shall be liable pro rata with all their property and after all the partnership assets have been
exhausted, for the contracts which may be entered into in the name and for the account of the partnership, under its signature and by a person
authorized to act for the partnership. However, any partner may enter into a separate obligation to perform a partnership contract. (n)
Art. 1817. Any stipulation against the liability laid down in the preceding article shall be void, except as among the partners. (n)
Art. 1818. Every partner is an agent of the partnership for the purpose of its business, and the act of every partner, including the execution in the
partnership name of any instrument, for apparently carrying on in the usual way the business of the partnership of which he is a member binds the
partnership, unless the partner so acting has in fact no authority to act for the partnership in the particular matter, and the person with whom he is
dealing has knowledge of the fact that he has no such authority.
An act of a partner which is not apparently for the carrying on of business of the partnership in the usual way does not bind the partnership unless
authorized by the other partners.
Except when authorized by the other partners or unless they have abandoned the business, one or more but less than all the partners have no
authority to:
164 | M a r t i n e z
(1) Assign the partnership property in trust for creditors or on the assignee's promise to pay the debts of the partnership;
(2) Dispose of the good-will of the business;
(3) Do any other act which would make it impossible to carry on the ordinary business of a partnership;
(4) Confess a judgment;
(5) Enter into a compromise concerning a partnership claim or liability;
(6) Submit a partnership claim or liability to arbitration;
(7) Renounce a claim of the partnership.
No act of a partner in contravention of a restriction on authority shall bind the partnership to persons having knowledge of the restriction. (n)
Art. 1819. Where title to real property is in the partnership name, any partner may convey title to such property by a conveyance executed in the
partnership name; but the partnership may recover such property unless the partner's act binds the partnership under the provisions of the first
paragraph of article 1818, or unless such property has been conveyed by the grantee or a person claiming through such grantee to a holder for
value without knowledge that the partner, in making the conveyance, has exceeded his authority.
Where title to real property is in the name of the partnership, a conveyance executed by a partner, in his own name, passes the equitable interest of
the partnership, provided the act is one within the authority of the partner under the provisions of the first paragraph of Article 1818.
Where title to real property is in the name of one or more but not all the partners, and the record does not disclose the right of the partnership, the
partners in whose name the title stands may convey title to such property, but the partnership may recover such property if the partners' act does
not bind the partnership under the provisions of the first paragraph of Article 1818, unless the purchaser or his assignee, is a holder for value,
without knowledge.
Where the title to real property is in the name of one or more or all the partners, or in a third person in trust for the partnership, a conveyance
executed by a partner in the partnership name, or in his own name, passes the equitable interest of the partnership, provided the act is one within
the authority of the partner under the provisions of the first paragraph of Article 1818.
Where the title to real property is in the name of all the partners a conveyance executed by all the partners passes all their rights in such property.
(n)
Art. 1820. An admission or representation made by any partner concerning partnership affairs within the scope of his authority in accordance with
this Title is evidence against the partnership. (n)
Art. 1821. Notice to any partner of any matter relating to partnership affairs, and the knowledge of the partner acting in the particular matter,
acquired while a partner or then present to his mind, and the knowledge of any other partner who reasonably could and should have communicated
it to the acting partner, operate as notice to or knowledge of the partnership, except in the case of fraud on the partnership, committed by or with
the consent of that partner. (n)
Art. 1822. Where, by any wrongful act or omission of any partner acting in the ordinary course of the business of the partnership or with the
authority of co-partners, loss or injury is caused to any person, not being a partner in the partnership, or any penalty is incurred, the partnership is
liable therefor to the same extent as the partner so acting or omitting to act. (n)
Art. 1823. The partnership is bound to make good the loss:
(1) Where one partner acting within the scope of his apparent authority receives money or property of a third person and misapplies it; and
(2) Where the partnership in the course of its business receives money or property of a third person and the money or property so received is
misapplied by any partner while it is in the custody of the partnership. (n)
Art. 1824. All partners are liable solidarily with the partnership for everything chargeable to the partnership under Articles 1822 and 1823. (n)
Art. 1825. When a person, by words spoken or written or by conduct, represents himself, or consents to another representing him to anyone, as a
partner in an existing partnership or with one or more persons not actual partners, he is liable to any such persons to whom such representation
has been made, who has, on the faith of such representation, given credit to the actual or apparent partnership, and if he has made such
representation or consented to its being made in a public manner he is liable to such person, whether the representation has or has not been made
or communicated to such person so giving credit by or with the knowledge of the apparent partner making the representation or consenting to its
being made:
165 | M a r t i n e z
(1) When a partnership liability results, he is liable as though he were an actual member of the partnership;
(2) When no partnership liability results, he is liable pro rata with the other persons, if any, so consenting to the contract or representation as to
incur liability, otherwise separately.
When a person has been thus represented to be a partner in an existing partnership, or with one or more persons not actual partners, he is an
agent of the persons consenting to such representation to bind them to the same extent and in the same manner as though he were a partner in
fact, with respect to persons who rely upon the representation. When all the members of the existing partnership consent to the representation, a
partnership act or obligation results; but in all other cases it is the joint act or obligation of the person acting and the persons consenting to the
representation. (n)
Art. 1826. A person admitted as a partner into an existing partnership is liable for all the obligations of the partnership arising before his admission
as though he had been a partner when such obligations were incurred, except that this liability shall be satisfied only out of partnership property,
unless there is a stipulation to the contrary. (n)
Art. 1827. The creditors of the partnership shall be preferred to those of each partner as regards the partnership property. Without prejudice to this
right, the private creditors of each partner may ask the attachment and public sale of the share of the latter in the partnership assets. (n)
CHAPTER 3
DISSOLUTION AND WINDING UP
Art. 1828. The dissolution of a partnership is the change in the relation of the partners caused by any partner ceasing to be associated in the
carrying on as distinguished from the winding up of the business. (n)
Art. 1829. On dissolution the partnership is not terminated, but continues until the winding up of partnership affairs is completed. (n)
Art. 1830. Dissolution is caused:
(1) Without violation of the agreement between the partners:
(a) By the termination of the definite term or particular undertaking specified in the agreement;
(b) By the express will of any partner, who must act in good faith, when no definite term or particular is specified;
(c) By the express will of all the partners who have not assigned their interests or suffered them to be charged for their separate debts, either before
or after the termination of any specified term or particular undertaking;
(d) By the expulsion of any partner from the business bona fide in accordance with such a power conferred by the agreement between the partners;
(2) In contravention of the agreement between the partners, where the circumstances do not permit a dissolution under any other provision of this
article, by the express will of any partner at any time;
(3) By any event which makes it unlawful for the business of the partnership to be carried on or for the members to carry it on in partnership;
(4) When a specific thing which a partner had promised to contribute to the partnership, perishes before the delivery; in any case by the loss of the
thing, when the partner who contributed it having reserved the ownership thereof, has only transferred to the partnership the use or enjoyment of
the same; but the partnership shall not be dissolved by the loss of the thing when it occurs after the partnership has acquired the ownership thereof;
(5) By the death of any partner;
(6) By the insolvency of any partner or of the partnership;
(7) By the civil interdiction of any partner;
(8) By decree of court under the following article. (1700a and 1701a)
166 | M a r t i n e z
Art. 1831. On application by or for a partner the court shall decree a dissolution whenever:
(1) A partner has been declared insane in any judicial proceeding or is shown to be of unsound mind;
(2) A partner becomes in any other way incapable of performing his part of the partnership contract;
(3) A partner has been guilty of such conduct as tends to affect prejudicially the carrying on of the business;
(4) A partner wilfully or persistently commits a breach of the partnership agreement, or otherwise so conducts himself in matters relating to the
partnership business that it is not reasonably practicable to carry on the business in partnership with him;
(5) The business of the partnership can only be carried on at a loss;
(6) Other circumstances render a dissolution equitable.
On the application of the purchaser of a partner's interest under Article 1813 or 1814:
(1) After the termination of the specified term or particular undertaking;
(2) At any time if the partnership was a partnership at will when the interest was assigned or when the charging order was issued. (n)
Art. 1832. Except so far as may be necessary to wind up partnership affairs or to complete transactions begun but not then finished, dissolution
terminates all authority of any partner to act for the partnership:
(1) With respect to the partners:
(a) When the dissolution is not by the act, insolvency or death of a partner; or
(b) When the dissolution is by such act, insolvency or death of a partner, in cases where article 1833 so requires;
(2) With respect to persons not partners, as declared in article 1834. (n)
Art. 1833. Where the dissolution is caused by the act, death or insolvency of a partner, each partner is liable to his co-partners for his share of any
liability created by any partner acting for the partnership as if the partnership had not been dissolved unless:
(1) The dissolution being by act of any partner, the partner acting for the partnership had knowledge of the dissolution; or
(2) The dissolution being by the death or insolvency of a partner, the partner acting for the partnership had knowledge or notice of the death or
insolvency.
Art. 1834. After dissolution, a partner can bind the partnership, except as provided in the third paragraph of this article:
(1) By any act appropriate for winding up partnership affairs or completing transactions unfinished at dissolution;
(2) By any transaction which would bind the partnership if dissolution had not taken place, provided the other party to the transaction:
(a) Had extended credit to the partnership prior to dissolution and had no knowledge or notice of the dissolution; or
(b) Though he had not so extended credit, had nevertheless known of the partnership prior to dissolution, and, having no knowledge or notice of
dissolution, the fact of dissolution had not been advertised in a newspaper of general circulation in the place (or in each place if more than one) at
which the partnership business was regularly carried on.
167 | M a r t i n e z
The liability of a partner under the first paragraph, No. 2, shall be satisfied out of partnership assets alone when such partner had been prior to
dissolution:
(1) Unknown as a partner to the person with whom the contract is made; and
(2) So far unknown and inactive in partnership affairs that the business reputation of the partnership could not be said to have been in any degree
due to his connection with it.
The partnership is in no case bound by any act of a partner after dissolution:
(1) Where the partnership is dissolved because it is unlawful to carry on the business, unless the act is appropriate for winding up partnership
affairs; or
(2) Where the partner has become insolvent; or
(3) Where the partner has no authority to wind up partnership affairs; except by a transaction with one who:
(a) Had extended credit to the partnership prior to dissolution and had no knowledge or notice of his want of authority; or
(b) Had not extended credit to the partnership prior to dissolution, and, having no knowledge or notice of his want of authority, the fact of his want of
authority has not been advertised in the manner provided for advertising the fact of dissolution in the first paragraph, No. 2 (b).
Nothing in this article shall affect the liability under Article 1825 of any person who, after dissolution, represents himself or consents to another
representing him as a partner in a partnership engaged in carrying business. (n)
Art. 1835. The dissolution of the partnership does not of itself discharge the existing liability of any partner.
A partner is discharged from any existing liability upon dissolution of the partnership by an agreement to that effect between himself, the
partnership creditor and the person or partnership continuing the business; and such agreement may be inferred from the course of dealing
between the creditor having knowledge of the dissolution and the person or partnership continuing the business.
The individual property of a deceased partner shall be liable for all obligations of the partnership incurred while he was a partner, but subject to the
prior payment of his separate debts. (n)
Art. 1836. Unless otherwise agreed, the partners who have not wrongfully dissolved the partnership or the legal representative of the last surviving
partner, not insolvent, has the right to wind up the partnership affairs, provided, however, that any partner, his legal representative or his assignee,
upon cause shown, may obtain winding up by the court. (n)
Art. 1837. When dissolution is caused in any way, except in contravention of the partnership agreement, each partner, as against his co-partners
and all persons claiming through them in respect of their interests in the partnership, unless otherwise agreed, may have the partnership property
applied to discharge its liabilities, and the surplus applied to pay in cash the net amount owing to the respective partners. But if dissolution is
caused by expulsion of a partner, bona fide under the partnership agreement and if the expelled partner is discharged from all partnership liabilities,
either by payment or agreement under the second paragraph of Article 1835, he shall receive in cash only the net amount due him from the
partnership.
When dissolution is caused in contravention of the partnership agreement the rights of the partners shall be as follows:
(1) Each partner who has not caused dissolution wrongfully shall have:
(a) All the rights specified in the first paragraph of this article, and
(b) The right, as against each partner who has caused the dissolution wrongfully, to damages breach of the agreement.
(2) The partners who have not caused the dissolution wrongfully, if they all desire to continue the business in the same name either by themselves
or jointly with others, may do so, during the agreed term for the partnership and for that purpose may possess the partnership property, provided
they secure the payment by bond approved by the court, or pay any partner who has caused the dissolution wrongfully, the value of his interest in
the partnership at the dissolution, less any damages recoverable under the second paragraph, No. 1 (b) of this article, and in like manner indemnify
him against all present or future partnership liabilities.
(3) A partner who has caused the dissolution wrongfully shall have:
168 | M a r t i n e z
(a) If the business is not continued under the provisions of the second paragraph, No. 2, all the rights of a partner under the first paragraph, subject
to liability for damages in the second paragraph, No. 1 (b), of this article.
(b) If the business is continued under the second paragraph, No. 2, of this article, the right as against his co-partners and all claiming through them
in respect of their interests in the partnership, to have the value of his interest in the partnership, less any damage caused to his co-partners by the
dissolution, ascertained and paid to him in cash, or the payment secured by a bond approved by the court, and to be released from all existing
liabilities of the partnership; but in ascertaining the value of the partner's interest the value of the good-will of the business shall not be considered.
(n)
Art. 1838. Where a partnership contract is rescinded on the ground of the fraud or misrepresentation of one of the parties thereto, the party entitled
to rescind is, without prejudice to any other right, entitled:
(1) To a lien on, or right of retention of, the surplus of the partnership property after satisfying the partnership liabilities to third persons for any sum
of money paid by him for the purchase of an interest in the partnership and for any capital or advances contributed by him;
(2) To stand, after all liabilities to third persons have been satisfied, in the place of the creditors of the partnership for any payments made by him in
respect of the partnership liabilities; and
(3) To be indemnified by the person guilty of the fraud or making the representation against all debts and liabilities of the partnership. (n)
Art. 1839. In settling accounts between the partners after dissolution, the following rules shall be observed, subject to any agreement to the
contrary:
(1) The assets of the partnership are:
(a) The partnership property,
(b) The contributions of the partners necessary for the payment of all the liabilities specified in No. 2.
(2) The liabilities of the partnership shall rank in order of payment, as follows:
(a) Those owing to creditors other than partners,
(b) Those owing to partners other than for capital and profits,
(c) Those owing to partners in respect of capital,
(d) Those owing to partners in respect of profits.
(3) The assets shall be applied in the order of their declaration in No. 1 of this article to the satisfaction of the liabilities.
(4) The partners shall contribute, as provided by article 1797, the amount necessary to satisfy the liabilities.
(5) An assignee for the benefit of creditors or any person appointed by the court shall have the right to enforce the contributions specified in the
preceding number.
(6) Any partner or his legal representative shall have the right to enforce the contributions specified in No. 4, to the extent of the amount which he
has paid in excess of his share of the liability.
(7) The individual property of a deceased partner shall be liable for the contributions specified in No. 4.
(8) When partnership property and the individual properties of the partners are in possession of a court for distribution, partnership creditors shall
have priority on partnership property and separate creditors on individual property, saving the rights of lien or secured creditors.
(9) Where a partner has become insolvent or his estate is insolvent, the claims against his separate property shall rank in the following order:
169 | M a r t i n e z
(a) Those owing to separate creditors;
(b) Those owing to partnership creditors;
(c) Those owing to partners by way of contribution. (n)
Art. 1840. In the following cases creditors of the dissolved partnership are also creditors of the person or partnership continuing the business:
(1) When any new partner is admitted into an existing partnership, or when any partner retires and assigns (or the
representative of the deceased partner assigns) his rights in partnership property to two or more of the partners, or to one
or more of the partners and one or more third persons, if the business is continued without liquidation of the partnership
affairs;
(2) When all but one partner retire and assign (or the representative of a deceased partner assigns) their rights in
partnership property to the remaining partner, who continues the business without liquidation of partnership affairs, either
alone or with others;
(3) When any partner retires or dies and the business of the dissolved partnership is continued as set forth in Nos. 1 and 2
of this article, with the consent of the retired partners or the representative of the deceased partner, but without any
assignment of his right in partnership property;
(4) When all the partners or their representatives assign their rights in partnership property to one or more third persons
who promise to pay the debts and who continue the business of the dissolved partnership;
(5) When any partner wrongfully causes a dissolution and the remaining partners continue the business under the
provisions of article 1837, second paragraph, No. 2, either alone or with others, and without liquidation of the partnership
affairs;
(6) When a partner is expelled and the remaining partners continue the business either alone or with others without
liquidation of the partnership affairs.
The liability of a third person becoming a partner in the partnership continuing the business, under this article, to the creditors of the dissolved
partnership shall be satisfied out of the partnership property only, unless there is a stipulation to the contrary.
When the business of a partnership after dissolution is continued under any conditions set forth in this article the creditors of the dissolved
partnership, as against the separate creditors of the retiring or deceased partner or the representative of the deceased partner, have a prior right to
any claim of the retired partner or the representative of the deceased partner against the person or partnership continuing the business, on account
of the retired or deceased partner's interest in the dissolved partnership or on account of any consideration promised for such interest or for his
right in partnership property.
Nothing in this article shall be held to modify any right of creditors to set aside any assignment on the ground of fraud.
The use by the person or partnership continuing the business of the partnership name, or the name of a deceased partner as part thereof, shall not
of itself make the individual property of the deceased partner liable for any debts contracted by such person or partnership. (n)
Art. 1841. When any partner retires or dies, and the business is continued under any of the conditions set forth in the preceding article, or in Article
1837, second paragraph, No. 2, without any settlement of accounts as between him or his estate and the person or partnership continuing the
business, unless otherwise agreed, he or his legal representative as against such person or partnership may have the value of his interest at the
date of dissolution ascertained, and shall receive as an ordinary creditor an amount equal to the value of his interest in the dissolved partnership
with interest, or, at his option or at the option of his legal representative, in lieu of interest, the profits attributable to the use of his right in the
property of the dissolved partnership; provided that the creditors of the dissolved partnership as against the separate creditors, or the
representative of the retired or deceased partner, shall have priority on any claim arising under this article, as provided Article 1840, third
paragraph. (n)
170 | M a r t i n e z
Art. 1842. The right to an account of his interest shall accrue to any partner, or his legal representative as against the winding up partners or the
surviving partners or the person or partnership continuing the business, at the date of dissolution, in the absence of any agreement to the contrary.
(n)
CHAPTER 4
LIMITED PARTNERSHIP (n)
Art. 1843. A limited partnership is one formed by two or more persons under the provisions of the following article, having as members one or more
general partners and one or more limited partners. The limited partners as such shall not be bound by the obligations of the partnership.
Art. 1844. Two or more persons desiring to form a limited partnership shall:
(1) Sign and swear to a certificate, which shall state -
(a) The name of the partnership, adding thereto the word "Limited";
(b) The character of the business;
(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
(n) The right, if given, of a limited partner to demand and receive property other than cash in return for his contribution.
(2) File for record the certificate in the Office of the Securities and Exchange Commission.
A limited partnership is formed if there has been substantial compliance in good faith with the foregoing requirements.
Art. 1845. The contributions of a limited partner may be cash or property, but not services.
Art. 1846. The surname of a limited partner shall not appear in the partnership name unless:
(1) It is also the surname of a general partner, or
(2) Prior to the time when the limited partner became such, the business has been carried on under a name in which his surname appeared.
171 | M a r t i n e z
A limited partner whose surname appears in a partnership name contrary to the provisions of the first paragraph is liable as a general partner to
partnership creditors who extend credit to the partnership without actual knowledge that he is not a general partner.
Art. 1847. If the certificate contains a false statement, one who suffers loss by reliance on such statement may hold liable any party to the certificate
who knew the statement to be false:
(1) At the time he signed the certificate, or
(2) Subsequently, but within a sufficient time before the statement was relied upon to enable him to cancel or amend the certificate, or to file a
petition for its cancellation or amendment as provided in Article 1865.
Art. 1848. A limited partner shall not become liable as a general partner unless, in addition to the exercise of his rights and powers as a limited
partner, he takes part in the control of the business.
Art. 1849. After the formation of a lifted partnership, additional limited partners may be admitted upon filing an amendment to the original certificate
in accordance with the requirements of Article 1865.
Art. 1850. A general partner shall have all the rights and powers and be subject to all the restrictions and liabilities of a partner in a partnership
without limited partners. However, without the written consent or ratification of the specific act by all the limited partners, a general partner or all of
the general partners have no authority to:
(1) Do any act in contravention of the certificate;
(2) Do any act which would make it impossible to carry on the ordinary business of the partnership;
(3) Confess a judgment against the partnership;
(4) Possess partnership property, or assign their rights in specific partnership property, for other than a partnership purpose;
(5) Admit a person as a general partner;
(6) Admit a person as a limited partner, unless the right so to do is given in the certificate;
(7) Continue the business with partnership property on the death, retirement, insanity, civil interdiction or insolvency of a general partner, unless the
right so to do is given in the certificate.
Art. 1851. A limited partner shall have the same rights as a general partner to:
(1) Have the partnership books kept at the principal place of business of the partnership, and at a reasonable hour to inspect and copy any of them;
(2) Have on demand true and full information of all things affecting the partnership, and a formal account of partnership affairs whenever
circumstances render it just and reasonable; and
(3) Have dissolution and winding up by decree of court.
A limited partner shall have the right to receive a share of the profits or other compensation by way of income, and to the return of his contribution
as provided in Articles 1856 and 1857.
Art. 1852. Without prejudice to the provisions of Article 1848, a person who has contributed to the capital of a business conducted by a person or
partnership erroneously believing that he has become a limited partner in a limited partnership, is not, by reason of his exercise of the rights of a
limited partner, a general partner with the person or in the partnership carrying on the business, or bound by the obligations of such person or
partnership, provided that on ascertaining the mistake he promptly renounces his interest in the profits of the business, or other compensation by
way of income.
Art. 1853. A person may be a general partner and a limited partner in the same partnership at the same time, provided that this fact shall be stated
in the certificate provided for in Article 1844.
A person who is a general, and also at the same time a limited partner, shall have all the rights and powers and be subject to all the restrictions of a
general partner; except that, in respect to his contribution, he shall have the rights against the other members which he would have had if he were
not also a general partner.
172 | M a r t i n e z
Art. 1854. A limited partner also may loan money to and transact other business with the partnership, and, unless he is also a general partner,
receive on account of resulting claims against the partnership, with general creditors, a pro rata share of the assets. No limited partner shall in
respect to any such claim:
(1) Receive or hold as collateral security and partnership property, or
(2) Receive from a general partner or the partnership any payment, conveyance, or release from liability if at the time the assets of the partnership
are not sufficient to discharge partnership liabilities to persons not claiming as general or limited partners.
The receiving of collateral security, or payment, conveyance, or release in violation of the foregoing provisions is a fraud on the creditors of the
partnership.
Art. 1855. Where there are several limited partners the members may agree that one or more of the limited partners shall have a priority over other
limited partners as to the return of their contributions, as to their compensation by way of income, or as to any other matter. If such an agreement is
made it shall be stated in the certificate, and in the absence of such a statement all the limited partners shall stand upon equal footing.
Art. 1856. A limited partner may receive from the partnership the share of the profits or the compensation by way of income stipulated for in the
certificate; provided that after such payment is made, whether from property of the partnership or that of a general partner, the partnership assets
are in excess of all liabilities of the partnership except liabilities to limited partners on account of their contributions and to general partners.
Art. 1857. A limited partner shall not receive from a general partner or out of partnership property any part of his contributions until:
(1) All liabilities of the partnership, except liabilities to general partners and to limited partners on account of their contributions, have been paid or
there remains property of the partnership sufficient to pay them;
(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
(3) The certificate is cancelled or so amended as to set forth the withdrawal or reduction.
Subject to the provisions of the first paragraph, a limited partner may rightfully demand the return of his contribution:
(1) On the dissolution of a partnership; or
(2) When the date specified in the certificate for its return has arrived, or
(3) After he has six months' notice in writing to all other members, if no time is specified in the certificate, either for the return of the contribution or
for the dissolution of the partnership.
In the absence of any statement in the certificate to the contrary or the consent of all members, a limited partner, irrespective of the nature of his
contribution, has only the right to demand and receive cash in return for his contribution.
A limited partner may have the partnership dissolved and its affairs wound up when:
(1) He rightfully but unsuccessfully demands the return of his contribution, or
(2) The other liabilities of the partnership have not been paid, or the partnership property is insufficient for their payment as required by the first
paragraph, No. 1, and the limited partner would otherwise be entitled to the return of his contribution.
Art. 1858. A limited partner is liable to the partnership:
(1) For the difference between his contribution as actually made and that stated in the certificate as having been made; and
(2) For any unpaid contribution which he agreed in the certificate to make in the future at the time and on the conditions stated in the certificate.
A limited partner holds as trustee for the partnership:
(1) Specific property stated in the certificate as contributed by him, but which was not contributed or which has been wrongfully returned, and
(2) Money or other property wrongfully paid or conveyed to him on account of his contribution.
173 | M a r t i n e z
The liabilities of a limited partner as set forth in this article can be waived or compromised only by the consent of all members; but a waiver or
compromise shall not affect the right of a creditor of a partnership who extended credit or whose claim arose after the filing and before a
cancellation or amendment of the certificate, to enforce such liabilities.
When a contributor has rightfully received the return in whole or in part of the capital of his contribution, he is nevertheless liable to the partnership
for any sum, not in excess of such return with interest, necessary to discharge its liabilities to all creditors who extended credit or whose claims
arose before such return.
Art. 1859. A limited partner's interest is assignable.
A substituted limited partner is a person admitted to all the rights of a limited partner who has died or has assigned his interest in a partnership.
An assignee, who does not become a substituted limited partner, has no right to require any information or account of the partnership transactions
or to inspect the partnership books; he is only entitled to receive the share of the profits or other compensation by way of income, or the return of
his contribution, to which his assignor would otherwise be entitled.
An assignee shall have the right to become a substituted limited partner if all the members consent thereto or if the assignor, being thereunto
empowered by the certificate, gives the assignee that right.
An assignee becomes a substituted limited partner when the certificate is appropriately amended in accordance with Article 1865.
The substituted limited partner has all the rights and powers, and is subject to all the restrictions and liabilities of his assignor, except those
liabilities of which he was ignorant at the time he became a limited partner and which could not be ascertained from the certificate.
The substitution of the assignee as a limited partner does not release the assignor from liability to the partnership under Articles 1847 and 1848.
Art. 1860. The retirement, death, insolvency, insanity or civil interdiction of a general partner dissolves the partnership, unless the business is
continued by the remaining general partners:
(1) Under a right so to do stated in the certificate, or
(2) With the consent of all members.
Art. 1861. On the death of a limited partner his executor or administrator shall have all the rights of a limited partner for the purpose of setting his
estate, and such power as the deceased had to constitute his assignee a substituted limited partner.
The estate of a deceased limited partner shall be liable for all his liabilities as a limited partner.
Art. 1862. On due application to a court of competent jurisdiction by any creditor of a limited partner, the court may charge the interest of the
indebted limited partner with payment of the unsatisfied amount of such claim, and may appoint a receiver, and make all other orders, directions
and inquiries which the circumstances of the case may require.
The interest may be redeemed with the separate property of any general partner, but may not be redeemed with partnership property.
The remedies conferred by the first paragraph shall not be deemed exclusive of others which may exist.
Nothing in this Chapter shall be held to deprive a limited partner of his statutory exemption.
Art. 1863. In setting accounts after dissolution the liabilities of the partnership shall be entitled to payment in the following order:
(1) Those to creditors, in the order of priority as provided by law, except those to limited partners on account of their contributions, and to general
partners;
(2) Those to limited partners in respect to their share of the profits and other compensation by way of income on their contributions;
(3) Those to limited partners in respect to the capital of their contributions;
(4) Those to general partners other than for capital and profits;
(5) Those to general partners in respect to profits;
(6) Those to general partners in respect to capital.

174 | M a r t i n e z
Subject to any statement in the certificate or to subsequent agreement, limited partners share in the partnership assets in respect to their claims for
capital, and in respect to their claims for profits or for compensation by way of income on their contribution respectively, in proportion to the
respective amounts of such claims.
Art. 1864. The certificate shall be cancelled when the partnership is dissolved or all limited partners cease to be such.
A certificate shall be amended when:
(1) There is a change in the name of the partnership or in the amount or character of the contribution of any limited partner;
(2) A person is substituted as a limited partner;
(3) An additional limited partner is admitted;
(4) A person is admitted as a general partner;
(5) A general partner retires, dies, becomes insolvent or insane, or is sentenced to civil interdiction and the business is continued under Article
1860;
(6) There is a change in the character of the business of the partnership;
(7) There is a false or erroneous statement in the certificate;
(8) There is a change in the time as stated in the certificate for the dissolution of the partnership or for the return of a contribution;
(9) A time is fixed for the dissolution of the partnership, or the return of a contribution, no time having been specified in the certificate, or
(10) The members desire to make a change in any other statement in the certificate in order that it shall accurately represent the agreement among
them.
Art. 1865. The writing to amend a certificate shall:
(1) Conform to the requirements of Article 1844 as far as necessary to set forth clearly the change in the certificate which it is desired to make; and
(2) Be signed and sworn to by all members, and an amendment substituting a limited partner or adding a limited or general partner shall be signed
also by the member to be substituted or added, and when a limited partner is to be substituted, the amendment shall also be signed by the
assigning limited partner.
The writing to cancel a certificate shall be signed by all members.
A person desiring the cancellation or amendment of a certificate, if any person designated in the first and second paragraphs as a person who must
execute the writing refuses to do so, may petition the court to order a cancellation or amendment thereof.
If the court finds that the petitioner has a right to have the writing executed by a person who refuses to do so, it shall order the Office of the
Securities and Exchange Commission where the certificate is recorded, to record the cancellation or amendment of the certificate; and when the
certificate is to be amended, the court shall also cause to be filed for record in said office a certified copy of its decree setting forth the amendment.
A certificate is amended or cancelled when there is filed for record in the Office of the Securities and Exchange Commission, where the certificate
is recorded:
(1) A writing in accordance with the provisions of the first or second paragraph, or
(2) A certified copy of the order of the court in accordance with the provisions of the fourth paragraph;
(3) After the certificate is duly amended in accordance with this article, the amended certified shall thereafter be for all purposes the certificate
provided for in this Chapter.
Art. 1866. A contributor, unless he is a general partner, is not a proper party to proceedings by or against a partnership, except where the object is
to enforce a limited partner's right against or liability to the partnership.
Art. 1867. A limited partnership formed under the law prior to the effectivity of this Code, may become a limited partnership under this Chapter by
complying with the provisions of Article 1844, provided the certificate sets forth:
175 | M a r t i n e z
(1) The amount of the original contribution of each limited partner, and the time when the contribution was made; and
(2) That the property of the partnership exceeds the amount sufficient to discharge its liabilities to persons not claiming as general or limited
partners by an amount greater than the sum of the contributions of its limited partners.
A limited partnership formed under the law prior to the effectivity of this Code, until or unless it becomes a limited partnership under this Chapter,
shall continue to be governed by the provisions of the old law.
Title X.
AGENCY
CHAPTER 1
NATURE, FORM AND KINDS OF AGENCY
Art. 1868. By the contract of agency a person binds himself to render some service or to do something in representation or on behalf of another,
with the consent or authority of the latter. (1709a)
Art. 1869. Agency may be express, or implied from the acts of the principal, from his silence or lack of action, or his failure to repudiate the agency,
knowing that another person is acting on his behalf without authority.
Agency may be oral, unless the law requires a specific form. (1710a)
Art. 1870. Acceptance by the agent may also be express, or implied from his acts which carry out the agency, or from his silence or inaction
according to the circumstances. (n)
Art. 1871. Between persons who are present, the acceptance of the agency may also be implied if the principal delivers his power of attorney to the
agent and the latter receives it without any objection. (n)
Art. 1872. Between persons who are absent, the acceptance of the agency cannot be implied from the silence of the agent, except:
(1) When the principal transmits his power of attorney to the agent, who receives it without any objection;
(2) When the principal entrusts to him by letter or telegram a power of attorney with respect to the business in which he is habitually engaged as an
agent, and he did not reply to the letter or telegram. (n)
Art. 1873. If a person specially informs another or states by public advertisement that he has given a power of attorney to a third person, the latter
thereby becomes a duly authorized agent, in the former case with respect to the person who received the special information, and in the latter case
with regard to any person.
The power shall continue to be in full force until the notice is rescinded in the same manner in which it was given. (n)
Art. 1874. When a sale of a piece of land or any interest therein is through an agent, the authority of the latter shall be in writing; otherwise, the sale
shall be void. (n)
Art. 1875. Agency is presumed to be for a compensation, unless there is proof to the contrary. (n)
Art. 1876. An agency is either general or special. The former comprises all the business of the principal. The latter, one or more specific
transactions. (1712)
Art. 1877. An agency couched in general terms comprises only acts of administration, even if the principal should state that he withholds no power
or that the agent may execute such acts as he may consider appropriate, or even though the agency should authorize a general and unlimited
management. (n)
176 | M a r t i n e z
Art. 1878. Special powers of attorney are necessary in the following cases:
(1) To make such payments as are not usually considered as acts of administration;
(2) To effect novations which put an end to obligations already in existence at the time the agency was constituted;
(3) To compromise, to submit questions to arbitration, to renounce the right to appeal from a judgment, to waive objections to the venue
of an action or to abandon a prescription already acquired;
(4) To waive any obligation gratuitously;
(5) To enter into any contract by which the ownership of an immovable is transmitted or acquired either gratuitously or for a valuable
consideration;
(6) To make gifts, except customary ones for charity or those made to employees in the business managed by the agent;
(7) To loan or borrow money, unless the latter act be urgent and indispensable for the preservation of the things which are under
administration;
(8) To lease any real property to another person for more than one year;
(9) To bind the principal to render some service without compensation;
(10) To bind the principal in a contract of partnership;
(11) To obligate the principal as a guarantor or surety;
(12) To create or convey real rights over immovable property;
(13) To accept or repudiate an inheritance;
(14) To ratify or recognize obligations contracted before the agency;
(15) Any other act of strict dominion. (n)
Art. 1879. A special power to sell excludes the power to mortgage; and a special power to mortgage does not include the power to sell. (n)
Art. 1880. A special power to compromise does not authorize submission to arbitration. (1713a)
Art. 1881. The agent must act within the scope of his authority. He may do such acts as may be conducive to the accomplishment of the purpose of
the agency. (1714a)
Art. 1882. The limits of the agent's authority shall not be considered exceeded should it have been performed in a manner more advantageous to
the principal than that specified by him. (1715)
Art. 1883. If an agent acts in his own name, the principal has no right of action against the persons with whom the agent has contracted; neither
have such persons against the principal.
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.
The provisions of this article shall be understood to be without prejudice to the actions between the principal and agent. (1717)
177 | M a r t i n e z
CHAPTER 2
OBLIGATIONS OF THE AGENT
Art. 1884. The agent is bound by his acceptance to carry out the agency, and is liable for the damages which, through his non-performance, the
principal may suffer.
He must also finish the business already begun on the death of the principal, should delay entail any danger. (1718)
Art. 1885. In case a person declines an agency, he is bound to observe the diligence of a good father of a family in the custody and preservation of
the goods forwarded to him by the owner until the latter should appoint an agent or take charge of the goods. (n)
Art. 1886. Should there be a stipulation that the agent shall advance the necessary funds, he shall be bound to do so except when the principal is
insolvent. (n)
Art. 1887. In the execution of the agency, the agent shall act in accordance with the instructions of the principal.
In default thereof, he shall do all that a good father of a family would do, as required by the nature of the business. (1719)
Art. 1888. An agent shall not carry out an agency if its execution would manifestly result in loss or damage to the principal. (n)
Art. 1889. The agent shall be liable for damages if, there being a conflict between his interests and those of the principal, he should prefer his own.
(n)
Art. 1890. If the agent has been empowered to borrow money, he may himself be the lender at the current rate of interest. If he has been
authorized to lend money at interest, he cannot borrow it without the consent of the principal. (n)
Art. 1891. Every agent is bound to render an account of his transactions and to deliver to the principal whatever he may have received by virtue of
the agency, even though it may not be owing to the principal.
Every stipulation exempting the agent from the obligation to render an account shall be void. (1720a)
Art. 1892. The agent may appoint a substitute if the principal has not prohibited him from doing so; but he shall be responsible for the acts of the
substitute:
(1) When he was not given the power to appoint one;
(2) When he was given such power, but without designating the person, and the person appointed was notoriously incompetent or insolvent.
All acts of the substitute appointed against the prohibition of the principal shall be void. (1721)
Art. 1893. In the cases mentioned in Nos. 1 and 2 of the preceding article, the principal may furthermore bring an action against the substitute with
respect to the obligations which the latter has contracted under the substitution. (1722a)
Art. 1894. The responsibility of two or more agents, even though they have been appointed simultaneously, is not solidary, if solidarity has not been
expressly stipulated. (1723)
Art. 1895. If solidarity has been agreed upon, each of the agents is responsible for the non-fulfillment of agency, and for the fault or negligence of
his fellows agents, except in the latter case when the fellow agents acted beyond the scope of their authority. (n)
Art. 1896. The agent owes interest on the sums he has applied to his own use from the day on which he did so, and on those which he still owes
after the extinguishment of the agency. (1724a)
Art. 1897. The agent who acts as such is not personally liable to the party with whom he contracts, unless he expressly binds himself or exceeds
the limits of his authority without giving such party sufficient notice of his powers. (1725)
Art. 1898. If the agent contracts in the name of the principal, exceeding the scope of his authority, and the principal does not ratify the contract, it
shall be void if the party with whom the agent contracted is aware of the limits of the powers granted by the principal. In this case, however, the
agent is liable if he undertook to secure the principal's ratification. (n)
178 | M a r t i n e z
Art. 1899. If a duly authorized agent acts in accordance with the orders of the principal, the latter cannot set up the ignorance of the agent as to
circumstances whereof he himself was, or ought to have been, aware. (n)
Art. 1900. So far as third persons are concerned, an act is deemed to have been performed within the scope of the agent's authority, if such act is
within the terms of the power of attorney, as written, even if the agent has in fact exceeded the limits of his authority according to an understanding
between the principal and the agent. (n)
Art. 1901. A third person cannot set up the fact that the agent has exceeded his powers, if the principal has ratified, or has signified his willingness
to ratify the agent's acts. (n)
Art. 1902. A third person with whom the agent wishes to contract on behalf of the principal may require the presentation of the power of attorney, or
the instructions as regards the agency. Private or secret orders and instructions of the principal do not prejudice third persons who have relied upon
the power of attorney or instructions shown them. (n)
Art. 1903. The commission agent shall be responsible for the goods received by him in the terms and conditions and as described in the
consignment, unless upon receiving them he should make a written statement of the damage and deterioration suffered by the same. (n)
Art. 1904. The commission agent who handles goods of the same kind and mark, which belong to different owners, shall distinguish them by
countermarks, and designate the merchandise respectively belonging to each principal. (n)
Art. 1905. The commission agent cannot, without the express or implied consent of the principal, sell on credit. Should he do so, the principal may
demand from him payment in cash, but the commission agent shall be entitled to any interest or benefit, which may result from such sale. (n)
Art. 1906. Should the commission agent, with authority of the principal, sell on credit, he shall so inform the principal, with a statement of the names
of the buyers. Should he fail to do so, the sale shall be deemed to have been made for cash insofar as the principal is concerned. (n)
Art. 1907. Should the commission agent receive on a sale, in addition to the ordinary commission, another called a guarantee commission, he shall
bear the risk of collection and shall pay the principal the proceeds of the sale on the same terms agreed upon with the purchaser. (n)
Art. 1908. The commission agent who does not collect the credits of his principal at the time when they become due and demandable shall be liable
for damages, unless he proves that he exercised due diligence for that purpose. (n)
Art. 1909. The agent is responsible not only for fraud, but also for negligence, which shall be judged with more or less rigor by the courts, according
to whether the agency was or was not for a compensation. (1726)
CHAPTER 3
OBLIGATIONS OF THE PRINCIPAL
Art. 1910. The principal must comply with all the obligations which the agent may have contracted within the scope of his authority.
As for any obligation wherein the agent has exceeded his power, the principal is not bound except when he ratifies it expressly or tacitly. (1727)
Art. 1911. Even when the agent has exceeded his authority, the principal is solidarily liable with the agent if the former allowed the latter to act as
though he had full powers. (n)
Art. 1912. The principal must advance to the agent, should the latter so request, the sums necessary for the execution of the agency.
Should the agent have advanced them, the principal must reimburse him therefor, even if the business or undertaking was not successful, provided
the agent is free from all fault.
The reimbursement shall include interest on the sums advanced, from the day on which the advance was made. (1728)
Art. 1913. The principal must also indemnify the agent for all the damages which the execution of the agency may have caused the latter, without
fault or negligence on his part. (1729)
179 | M a r t i n e z
Art. 1914. The agent may retain in pledge the things which are the object of the agency until the principal effects the reimbursement and pays the
indemnity set forth in the two preceding articles. (1730)
Art. 1915. If two or more persons have appointed an agent for a common transaction or undertaking, they shall be solidarily liable to the agent for
all the consequences of the agency. (1731)
Art. 1916. When two persons contract with regard to the same thing, one of them with the agent and the other with the principal, and the two
contracts are incompatible with each other, that of prior date shall be preferred, without prejudice to the provisions of Article 1544. (n)
Art. 1917. In the case referred to in the preceding article, if the agent has acted in good faith, the principal shall be liable in damages to the third
person whose contract must be rejected. If the agent acted in bad faith, he alone shall be responsible. (n)
Art. 1918. The principal is not liable for the expenses incurred by the agent in the following cases:
(1) If the agent acted in contravention of the principal's instructions, unless the latter should wish to avail himself of the benefits derived from the
contract;
(2) When the expenses were due to the fault of the agent;
(3) When the agent incurred them with knowledge that an unfavorable result would ensue, if the principal was not aware thereof;
(4) When it was stipulated that the expenses would be borne by the agent, or that the latter would be allowed only a certain sum. (n)
CHAPTER 4
MODES OF EXTINGUISHMENT OF AGENCY
Art. 1919. Agency is extinguished:
(1) By its revocation;
(2) By the withdrawal of the agent;
(3) By the death, civil interdiction, insanity or insolvency of the principal or of the agent;
(4) By the dissolution of the firm or corporation which entrusted or accepted the agency;
(5) By the accomplishment of the object or purpose of the agency;
(6) By the expiration of the period for which the agency was constituted. (1732a)
Art. 1920. The principal may revoke the agency at will, and compel the agent to return the document evidencing the agency. Such revocation may
be express or implied. (1733a)
Art. 1921. If the agency has been entrusted for the purpose of contracting with specified persons, its revocation shall not prejudice the latter if they
were not given notice thereof. (1734)
Art. 1922. If the agent had general powers, revocation of the agency does not prejudice third persons who acted in good faith and without
knowledge of the revocation. Notice of the revocation in a newspaper of general circulation is a sufficient warning to third persons. (n)
Art. 1923. The appointment of a new agent for the same business or transaction revokes the previous agency from the day on which notice thereof
was given to the former agent, without prejudice to the provisions of the two preceding articles. (1735a)
Art. 1924. The agency is revoked if the principal directly manages the business entrusted to the agent, dealing directly with third persons. (n)
Art. 1925. When two or more principals have granted a power of attorney for a common transaction, any one of them may revoke the same without
the consent of the others. (n)
180 | M a r t i n e z
Art. 1926. A general power of attorney is revoked by a special one granted to another agent, as regards the special matter involved in the latter. (n)
Art. 1927. An agency cannot be revoked if a bilateral contract depends upon it, or if it is the means of fulfilling an obligation already contracted, or if
a partner is appointed manager of a partnership in the contract of partnership and his removal from the management is unjustifiable. (n)
Art. 1928. The agent may withdraw from the agency by giving due notice to the principal. If the latter should suffer any damage by reason of the
withdrawal, the agent must indemnify him therefor, unless the agent should base his withdrawal upon the impossibility of continuing the
performance of the agency without grave detriment to himself. (1736a)
Art. 1929. The agent, even if he should withdraw from the agency for a valid reason, must continue to act until the principal has had reasonable
opportunity to take the necessary steps to meet the situation. (1737a)
Art. 1930. The agency shall remain in full force and effect even after the death of the principal, if it has been constituted in the common interest of
the latter and of the agent, or in the interest of a third person who has accepted the stipulation in his favor. (n)
Art. 1931. Anything done by the agent, without knowledge of the death of the principal or of any other cause which extinguishes the agency, is valid
and shall be fully effective with respect to third persons who may have contracted with him in good faith. (1738)
Art. 1932. If the agent dies, his heirs must notify the principal thereof, and in the meantime adopt such measures as the circumstances may
demand in the interest of the latter. (1739)
Title XI.
LOAN
GENERAL PROVISIONS
Art. 1933. By the contract of loan, one of the parties delivers to another, either something not consumable so that the latter may use the same for a
certain time and return it, in which case the contract is called a commodatum; or money or other consumable thing, upon the condition that the
same amount of the same kind and quality shall be paid, in which case the contract is simply called a loan or mutuum.
Commodatum is essentially gratuitous.
Simple loan may be gratuitous or with a stipulation to pay interest.
In commodatum the bailor retains the ownership of the thing loaned, while in simple loan, ownership passes to the borrower. (1740a)
Art. 1934. An accepted promise to deliver something by way of commodatum or simple loan is binding upon parties, but the commodatum or simple
loan itself shall not be perfected until the delivery of the object of the contract. (n)
CHAPTER 1
COMMODATUM
SECTION 1 - Nature of Commodatum
Art. 1935. The bailee in commodatum acquires the used of the thing loaned but not its fruits; if any compensation is to be paid by him who acquires
the use, the contract ceases to be a commodatum. (1941a)
Art. 1936. Consumable goods may be the subject of commodatum if the purpose of the contract is not the consumption of the object, as when it is
merely for exhibition. (n)
181 | M a r t i n e z
Art. 1937. Movable or immovable property may be the object of commodatum. (n)
Art. 1938. The bailor in commodatum need not be the owner of the thing loaned. (n)
Art. 1939. Commodatum is purely personal in character. Consequently:
(1) The death of either the bailor or the bailee extinguishes the contract;
(2) The bailee can neither lend nor lease the object of the contract to a third person. However, the members of the bailee's household may make
use of the thing loaned, unless there is a stipulation to the contrary, or unless the nature of the thing forbids such use. (n)
Art. 1940. A stipulation that the bailee may make use of the fruits of the thing loaned is valid. (n)
SECTION 2. - Obligations of the Bailee
Art. 1941. The bailee is obliged to pay for the ordinary expenses for the use and preservation of the thing loaned. (1743a)
Art. 1942. The bailee is liable for the loss of the thing, even if it should be through a fortuitous event:
(1) If he devotes the thing to any purpose different from that for which it has been loaned;
(2) If he keeps it longer than the period stipulated, or after the accomplishment of the use for which the commodatum has been constituted;
(3) If the thing loaned has been delivered with appraisal of its value, unless there is a stipulation exemption the bailee from responsibility in case of
a fortuitous event;
(4) If he lends or leases the thing to a third person, who is not a member of his household;
(5) If, being able to save either the thing borrowed or his own thing, he chose to save the latter. (1744a and 1745)
Art. 1943. The bailee does not answer for the deterioration of the thing loaned due only to the use thereof and without his fault. (1746)
Art. 1944. The bailee cannot retain the thing loaned on the ground that the bailor owes him something, even though it may be by reason of
expenses. However, the bailee has a right of retention for damages mentioned in Article 1951. (1747a)
Art. 1945. When there are two or more bailees to whom a thing is loaned in the same contract, they are liable solidarily. (1748a)
SECTION 3. - Obligations of the Bailor
Art. 1946. The bailor cannot demand the return of the thing loaned till after the expiration of the period stipulated, or after the accomplishment of the
use for which the commodatum has been constituted. However, if in the meantime, he should have urgent need of the thing, he may demand its
return or temporary use.
In case of temporary use by the bailor, the contract of commodatum is suspended while the thing is in the possession of the bailor. (1749a)
Art. 1947. The bailor may demand the thing at will, and the contractual relation is called a precarium, in the following cases:
(1) If neither the duration of the contract nor the use to which the thing loaned should be devoted, has been stipulated; or
(2) If the use of the thing is merely tolerated by the owner. (1750a)
Art. 1948. The bailor may demand the immediate return of the thing if the bailee commits any act of ingratitude specified in Article 765. (n)
Art. 1949. The bailor shall refund the extraordinary expenses during the contract for the preservation of the thing loaned, provided the bailee brings
the same to the knowledge of the bailor before incurring them, except when they are so urgent that the reply to the notification cannot be awaited
without danger.
If the extraordinary expenses arise on the occasion of the actual use of the thing by the bailee, even though he acted without fault, they shall be
borne equally by both the bailor and the bailee, unless there is a stipulation to the contrary. (1751a)
Art. 1950. If, for the purpose of making use of the thing, the bailee incurs expenses other than those referred to in Articles 1941 and 1949, he is not
entitled to reimbursement. (n)
182 | M a r t i n e z
Art. 1951. The bailor who, knowing the flaws of the thing loaned, does not advise the bailee of the same, shall be liable to the latter for the damages
which he may suffer by reason thereof. (1752)
Art. 1952. The bailor cannot exempt himself from the payment of expenses or damages by abandoning the thing to the bailee. (n)
CHAPTER 2
SIMPLE LOAN OR MUTUUM
Art. 1953. A person who receives a loan of money or any other fungible thing acquires the ownership thereof, and is bound to pay to the creditor an
equal amount of the same kind and quality. (1753a)
Art. 1954. A contract whereby one person transfers the ownership of non-fungible things to another with the obligation on the part of the latter to
give things of the same kind, quantity, and quality shall be considered a barter. (n)
Art. 1955. The obligation of a person who borrows money shall be governed by the provisions of Articles 1249 and 1250 of this Code.
If what was loaned is a fungible thing other than money, the debtor owes another thing of the same kind, quantity and quality, even if it should
change in value. In case it is impossible to deliver the same kind, its value at the time of the perfection of the loan shall be paid. (1754a)
Art. 1956. No interest shall be due unless it has been expressly stipulated in writing. (1755a)
Art. 1957. Contracts and stipulations, under any cloak or device whatever, intended to circumvent the laws against usury shall be void. The
borrower may recover in accordance with the laws on usury. (n)
Art. 1958. In the determination of the interest, if it is payable in kind, its value shall be appraised at the current price of the products or goods at the
time and place of payment. (n)
Art. 1959. Without prejudice to the provisions of Article 2212, interest due and unpaid shall not earn interest. However, the contracting parties may
by stipulation capitalize the interest due and unpaid, which as added principal, shall earn new interest. (n)
Art. 1960. If the borrower pays interest when there has been no stipulation therefor, the provisions of this Code concerning solutio indebiti, or
natural obligations, shall be applied, as the case may be. (n)
Art. 1961. Usurious contracts shall be governed by the Usury Law and other special laws, so far as they are not inconsistent with this Code. (n)
Title XII.
DEPOSIT
CHAPTER 1
DEPOSIT IN GENERAL AND ITS DIFFERENT KINDS
Art. 1962. A deposit is constituted from the moment a person receives a thing belonging to another, with the obligation of safely keeping it and of
returning the same. If the safekeeping of the thing delivered is not the principal purpose of the contract, there is no deposit but some other contract.
(1758a)
Art. 1963. An agreement to constitute a deposit is binding, but the deposit itself is not perfected until the delivery of the thing. (n)
183 | M a r t i n e z
Art. 1964. A deposit may be constituted judicially or extrajudicially. (1759)
Art. 1965. A deposit is a gratuitous contract, except when there is an agreement to the contrary, or unless the depositary is engaged in the
business of storing goods. (1760a)
Art. 1966. Only movable things may be the object of a deposit. (1761)
Art. 1967. An extrajudicial deposit is either voluntary or necessary. (1762)
CHAPTER 2
VOLUNTARY DEPOSIT
Art. 1968. A voluntary deposit is that wherein the delivery is made by the will of the depositor. A deposit may also be made by two or more persons
each of whom believes himself entitled to the thing deposited with a third person, who shall deliver it in a proper case to the one to whom it belongs.
(1763)
Art. 1969. A contract of deposit may be entered into orally or in writing. (n)
Art. 1970. If a person having capacity to contract accepts a deposit made by one who is incapacitated, the former shall be subject to all the
obligations of a depositary, and may be compelled to return the thing by the guardian, or administrator, of the person who made the deposit, or by
the latter himself if he should acquire capacity. (1764)
Art. 1971. If the deposit has been made by a capacitated person with another who is not, the depositor shall only have an action to recover the
thing deposited while it is still in the possession of the depositary, or to compel the latter to pay him the amount by which he may have enriched or
benefited himself with the thing or its price. However, if a third person who acquired the thing acted in bad faith, the depositor may bring an action
against him for its recovery. (1765a)
SECTION 2. - Obligations of the Depositary
Art. 1972. The depositary is obliged to keep the thing safely and to return it, when required, to the depositor, or to his heirs and successors, or to
the person who may have been designated in the contract. His responsibility, with regard to the safekeeping and the loss of the thing, shall be
governed by the provisions of Title I of this Book.
If the deposit is gratuitous, this fact shall be taken into account in determining the degree of care that the depositary must observe. (1766a)
Art. 1973. Unless there is a stipulation to the contrary, the depositary cannot deposit the thing with a third person. If deposit with a third person is
allowed, the depositary is liable for the loss if he deposited the thing with a person who is manifestly careless or unfit. The depositary is responsible
for the negligence of his employees. (n)
Art. 1974. The depositary may change the way of the deposit if under the circumstances he may reasonably presume that the depositor would
consent to the change if he knew of the facts of the situation. However, before the depositary may make such change, he shall notify the depositor
thereof and wait for his decision, unless delay would cause danger. (n)
Art. 1975. The depositary holding certificates, bonds, securities or instruments which earn interest shall be bound to collect the latter when it
becomes due, and to take such steps as may be necessary in order that the securities may preserve their value and the rights corresponding to
them according to law.
The above provision shall not apply to contracts for the rent of safety deposit boxes. (n)
Art. 1976. Unless there is a stipulation to the contrary, the depositary may commingle grain or other articles of the same kind and quality, in which
case the various depositors shall own or have a proportionate interest in the mass. (n)
Art. 1977. The depositary cannot make use of the thing deposited without the express permission of the depositor.
184 | M a r t i n e z
Otherwise, he shall be liable for damages.
However, when the preservation of the thing deposited requires its use, it must be used but only for that purpose. (1767a)
Art. 1978. When the depositary has permission to use the thing deposited, the contract loses the concept of a deposit and becomes a loan or
commodatum, except where safekeeping is still the principal purpose of the contract.
The permission shall not be presumed, and its existence must be proved. (1768a)
Art. 1979. The depositary is liable for the loss of the thing through a fortuitous event:
(1) If it is so stipulated;
(2) If he uses the thing without the depositor's permission;
(3) If he delays its return;
(4) If he allows others to use it, even though he himself may have been authorized to use the same. (n)
Art. 1980. Fixed, savings, and current deposits of money in banks and similar institutions shall be governed by the provisions concerning simple
loan. (n)
Art. 1981. When the thing deposited is delivered closed and sealed, the depositary must return it in the same condition, and he shall be liable for
damages should the seal or lock be broken through his fault.
Fault on the part of the depositary is presumed, unless there is proof to the contrary.
As regards the value of the thing deposited, the statement of the depositor shall be accepted, when the forcible opening is imputable to the
depositary, should there be no proof to the contrary. However, the courts may pass upon the credibility of the depositor with respect to the value
claimed by him.
When the seal or lock is broken, with or without the depositary's fault, he shall keep the secret of the deposit. (1769a)
Art. 1982. When it becomes necessary to open a locked box or receptacle, the depositary is presumed authorized to do so, if the key has been
delivered to him; or when the instructions of the depositor as regards the deposit cannot be executed without opening the box or receptacle. (n)
Art. 1983. The thing deposited shall be returned with all its products, accessories and accessions.
Should the deposit consist of money, the provisions relative to agents in article 1896 shall be applied to the depositary. (1770)
Art. 1984. The depositary cannot demand that the depositor prove his ownership of the thing deposited.
Nevertheless, should he discover that the thing has been stolen and who its true owner is, he must advise the latter of the deposit.
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.
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.
(1771a)
Art. 1985. When there are two or more depositors, if they are not solidary, and the thing admits of division, each one cannot demand more than his
share.
When there is solidarity or the thing does not admit of division, the provisions of Articles 1212 and 1214 shall govern. However, if there is a
stipulation that the thing should be returned to one of the depositors, the depositary shall return it only to the person designated. (1772a)
Art. 1986. If the depositor should lose his capacity to contract after having made the deposit, the thing cannot be returned except to the persons
who may have the administration of his property and rights. (1773)
Art. 1987. If at the time the deposit was made a place was designated for the return of the thing, the depositary must take the thing deposited to
such place; but the expenses for transportation shall be borne by the depositor.m vvbb
185 | M a r t i n e z
If no place has been designated for the return, it shall be made where the thing deposited may be, even if it should not be the same place where
the deposit was made, provided that there was no malice on the part of the depositary. (1774)
Art. 1988. The thing deposited must be returned to the depositor upon demand, even though a specified period or time for such return may have
been fixed.
This provision shall not apply when the thing is judicially attached while in the depositary's possession, or should he have been notified of the
opposition of a third person to the return or the removal of the thing deposited. In these cases, the depositary must immediately inform the
depositor of the attachment or opposition. (1775)
Art. 1989. Unless the deposit is for a valuable consideration, the depositary who may have justifiable reasons for not keeping the thing deposited
may, even before the time designated, return it to the depositor; and if the latter should refuse to receive it, the depositary may secure its
consignation from the court. (1776a)
Art. 1990. If the depositary by force majeure or government order loses the thing and receives money or another thing in its place, he shall deliver
the sum or other thing to the depositor. (1777a)
Art. 1991. The depositor's heir who in good faith may have sold the thing which he did not know was deposited, shall only be bound to return the
price he may have received or to assign his right of action against the buyer in case the price has not been paid him. (1778)
SECTION 3. - Obligations of the Depositor
Art. 1992. If the deposit is gratuitous, the depositor is obliged to reimburse the depositary for the expenses he may have incurred for the
preservation of the thing deposited. (1779a)
Art. 1993. The depositor shall reimburse the depositary for any loss arising from the character of the thing deposited, unless at the time of the
constitution of the deposit the former was not aware of, or was not expected to know the dangerous character of the thing, or unless he notified the
depositary of the same, or the latter was aware of it without advice from the depositor. (n)
Art. 1994. The depositary may retain the thing in pledge until the full payment of what may be due him by reason of the deposit. (1780)
Art. 1995. A deposit its extinguished:
(1) Upon the loss or destruction of the thing deposited;
(2) In case of a gratuitous deposit, upon the death of either the depositor or the depositary. (n)
CHAPTER 3
NECESSARY DEPOSIT
Art. 1996. A deposit is necessary:
(1) When it is made in compliance with a legal obligation;
(2) When it takes place on the occasion of any calamity, such as fire, storm, flood, pillage, shipwreck, or other similar events. (1781a)
Art. 1997. The deposit referred to in No. 1 of the preceding article shall be governed by the provisions of the law establishing it, and in case of its
deficiency, by the rules on voluntary deposit.
The deposit mentioned in No. 2 of the preceding article shall be regulated by the provisions concerning voluntary deposit and by Article 2168.
(1782)
Art. 1998. The deposit of effects made by the travellers in hotels or inns shall also be regarded as necessary. The keepers of hotels or inns shall be
responsible for them as depositaries, provided that notice was given to them, or to their employees, of the effects brought by the guests and that,
on the part of the latter, they take the precautions which said hotel-keepers or their substitutes advised relative to the care and vigilance of their
effects. (1783)
186 | M a r t i n e z
Art. 1999. The hotel-keeper is liable for the vehicles, animals and articles which have been introduced or placed in the annexes of the hotel. (n)
Art. 2000. The responsibility referred to in the two preceding articles shall include the loss of, or injury to the personal property of the guests caused
by the servants or employees of the keepers of hotels or inns as well as strangers; but not that which may proceed from any force majeure. The
fact that travellers are constrained to rely on the vigilance of the keeper of the hotels or inns shall be considered in determining the degree of care
required of him. (1784a)
Art. 2001. 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. (n)
Art. 2002. The hotel-keeper is not liable for compensation if the loss is due to the acts of the guest, his family, servants or visitors, or if the loss
arises from the character of the things brought into the hotel. (n)
Art. 2003. The hotel-keeper cannot free himself from responsibility by posting notices to the effect that he is not liable for the articles brought by the
guest. Any stipulation between the hotel-keeper and the guest whereby the responsibility of the former as set forth in articles 1998 to 2001 is
suppressed or diminished shall be void. (n)
Art. 2004. The hotel-keeper has a right to retain the things brought into the hotel by the guest, as a security for credits on account of lodging, and
supplies usually furnished to hotel guests. (n)
CHAPTER 4
SEQUESTRATION OR JUDICIAL DEPOSIT
Art. 2005. A judicial deposit or sequestration takes place when an attachment or seizure of property in litigation is ordered. (1785)
Art. 2006. Movable as well as immovable property may be the object of sequestration. (1786)
Art. 2007. The depositary of property or objects sequestrated cannot be relieved of his responsibility until the controversy which gave rise thereto
has come to an end, unless the court so orders. (1787a)
Art. 2008. The depositary of property sequestrated is bound to comply, with respect to the same, with all the obligations of a good father of a family.
(1788)
Art. 2009. As to matters not provided for in this Code, judicial sequestration shall be governed by the Rules of Court. (1789)
Title XIII.
ALEATORY CONTRACTS
GENERAL PROVISIONS
Art. 2010. 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. (1790)
CHAPTER 1
187 | M a r t i n e z
INSURANCE
Art. 2011. The contract of insurance is governed by special laws. Matters not expressly provided for in such special laws shall be regulated by this
Code. (n)
Art. 2012. Any person who is forbidden from receiving any donation under Article 739 cannot be named beneficiary of a life insurance policy by the
person who cannot make any donation to him, according to said article. (n)
CHAPTER 2
GAMBLING
Art. 2013. A game of chance is that which depends more on chance or hazard than or skill or ability. For the purposes of the following articles, in
case of doubt a game is deemed to be one of chance. (n)
Art. 2014. No action can be maintained by the winner for the collection of what he has won in a game of chance. But any loser in a game of chance
may recover his loss from the winner, with legal interest from the time he paid the amount lost, and subsidiarily from the operator or manager of the
gambling house. (1799a)
Art. 2015. If cheating or deceit is committed by the winner, he, and subsidiarily the operator or manager of the gambling house, shall pay by way of
exemplary damages, not less than the equivalent of the sum lost, in addition to the latter amount. If both the winner and the loser have perpetrated
fraud, no action for recovery can be brought by either. (n)
Art. 2016. If the loser refuses or neglects to bring an action to recover what has been lost, his or her creditors, spouse, descendants or other
persons entitled to be supported by the loser may institute the action. The sum thereby obtained shall be applied to the creditors' claims, or to the
support of the spouse or relatives, as the case may be. (n)
Art. 2017. The provisions of Article 2014 and 2016 apply when two or more persons bet in a game of chance, although they take no active part in
the game itself. (1799a)
Art. 2018. If a contract which purports to be for the delivery of goods, securities or shares of stock is entered into with the intention that the
difference between the price stipulated and the exchange or market price at the time of the pretended delivery shall be paid by the loser to the
winner, the transaction is null and void. The loser may recover what he has paid. (n)
Art. 2019. Betting on the result of sports, athletic competitions, or games of skill may be prohibited by local ordinances. (n)
Art. 2020. The loser in any game which is not one of chance, when there is no local ordinance which prohibits betting therein, is under obligation to
pay his loss, unless the amount thereof is excessive under the circumstances. In the latter case, the court shall reduce the loss to the proper sum.
(1801a)
CHAPTER 3
LIFE ANNUITY
Art. 2021. The aleatory contract of life annuity binds the debtor to pay an annual pension or income during the life of one or more determinate
persons in consideration of a capital consisting of money or other property, whose ownership is transferred to him at once with the burden of the
income. (1802a)
188 | M a r t i n e z
Art. 2022. The annuity may be constituted upon the life of the person who gives the capital, upon that of a third person, or upon the lives of various
persons, all of whom must be living at the time the annuity is established.
It may also be constituted in favor of the person or persons upon whose life or lives the contract is entered into, or in favor of another or other
persons. (1803)
Art. 2023. Life annuity shall be void if constituted upon the life of a person who was already dead at the time the contract was entered into, or who
was at that time suffering from an illness which caused his death within twenty days following said date. (1804)
Art. 2024. The lack of payment of the income due does not authorize the recipient of the life annuity to demand the reimbursement of the capital or
to retake possession of the property alienated, unless there is a stipulation to the contrary; he shall have only a right judicially to claim the payment
of the income in arrears and to require a security for the future income, unless there is a stipulation to the contrary. (1805a)
Art. 2025. The income corresponding to the year in which the person enjoying it dies shall be paid in proportion to the days during which he lived; if
the income should be paid by installments in advance, the whole amount of the installment which began to run during his life shall be paid. (1806)
Art. 2026. He who constitutes an annuity by gratuitous title upon his property, may provide at the time the annuity is established that the same shall
not be subject to execution or attachment on account of the obligations of the recipient of the annuity. If the annuity was constituted in fraud of
creditors, the latter may ask for the execution or attachment of the property. (1807a)
Art. 2027. No annuity shall be claimed without first proving the existence of the person upon whose life the annuity is constituted. (1808)
Title XIV.
COMPROMISES AND ARBITRATIONS
CHAPTER 1
COMPROMISES
Art. 2028. A compromise is a contract whereby the parties, by making reciprocal concessions, avoid a litigation or put an end to one already
commenced. (1809a)
Art. 2029. The court shall endeavor to persuade the litigants in a civil case to agree upon some fair compromise. (n)
Art. 2030. 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.
(n)
Art. 2031. The courts may mitigate the damages to be paid by the losing party who has shown a sincere desire for a compromise. (n)
Art. 2032. The court's approval is necessary in compromises entered into by guardians, parents, absentee's representatives, and administrators or
executors of decedent's estates. (1810a)
Art. 2033. Juridical persons may compromise only in the form and with the requisites which may be necessary to alienate their property. (1812a)
Art. 2034. There may be a compromise upon the civil liability arising from an offense; but such compromise shall not extinguish the public action for
the imposition of the legal penalty. (1813)
189 | M a r t i n e z
Art. 2035. No compromise upon the following questions shall be valid:
(1) The civil status of persons;
(2) The validity of a marriage or a legal separation;
(3) Any ground for legal separation;
(4) Future support;
(5) The jurisdiction of courts;
(6) Future legitime. (1814a)
Art. 2036. A compromise comprises only those objects which are definitely stated therein, or which by necessary implication from its terms should
be deemed to have been included in the same.
A general renunciation of rights is understood to refer only to those that are connected with the dispute which was the subject of the compromise.
(1815)
Art. 2037. A compromise has upon the parties the effect and authority of res judicata; but there shall be no execution except in compliance with a
judicial compromise. (1816)
Art. 2038. 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 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. (1817a)
Art. 2039. 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. (n)
Art. 2040. 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. (1819a)
Art. 2041. 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. (n)
CHAPTER 2
ARBITRATIONS
Art. 2042. The same persons who may enter into a compromise may submit their controversies to one or more arbitrators for decision. (1820a)
Art. 2043. The provisions of the preceding Chapter upon compromises shall also be applicable to arbitrations. (1821a)
Art. 2044. Any stipulation that the arbitrators' award or decision shall be final, is valid, without prejudice to Articles 2038, 2039, and 2040. (n)
Art. 2045. Any clause giving one of the parties power to choose more arbitrators than the other is void and of no effect. (n)
190 | M a r t i n e z
Art. 2046. 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. (n)
Title XV.
GUARANTY
CHAPTER 1
NATURE AND EXTENT OF GUARANTY
Art. 2047. By guaranty 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.
If a person binds himself solidarily with the principal debtor, the provisions of Section 4, Chapter 3, Title I of this Book shall be observed. In such
case the contract is called a suretyship. (1822a)
Art. 2048. A guaranty is gratuitous, unless there is a stipulation to the contrary. (n)
Art. 2049. A married woman may guarantee an obligation without the husband's consent, but shall not thereby bind the conjugal partnership, except
in cases provided by law. (n)
Art. 2050. If a guaranty is entered into without the knowledge or consent, or against the will of the principal debtor, the provisions of Articles 1236
and 1237 shall apply. (n)
Art. 2051. A guaranty may be conventional, legal or judicial, gratuitous, or by onerous title.
It may also be constituted, not only in favor of the principal debtor, but also in favor of the other guarantor, with the latter's consent, or without his
knowledge, or even over his objection. (1823)
Art. 2052. A guaranty cannot exist without a valid obligation.
Nevertheless, a guaranty may be constituted to guarantee the performance of a voidable or an unenforceable contract. It may also guarantee a
natural obligation. (1824a)
Art. 2053. A guaranty may also be given as security for future debts, the amount of which is not yet known; there can be no claim against the
guarantor until the debt is liquidated. A conditional obligation may also be secured. (1825a)
Art. 2054. A guarantor may bind himself for less, but not for more than the principal debtor, both as regards the amount and the onerous nature of
the conditions.
Should he have bound himself for more, his obligations shall be reduced to the limits of that of the debtor. (1826)
Art. 2055. A guaranty is not presumed; it must be express and cannot extend to more than what is stipulated therein.
If it be simple or indefinite, it shall compromise not only the principal obligation, but also all its accessories, including the judicial costs, provided with
respect to the latter, that the guarantor shall only be liable for those costs incurred after he has been judicially required to pay. (1827a)
Art. 2056. One who is obliged to furnish a guarantor shall present a person who possesses integrity, capacity to bind himself, and sufficient
property to answer for the obligation which he guarantees. The guarantor shall be subject to the jurisdiction of the court of the place where this
obligation is to be complied with. (1828a)
Art. 2057. If the guarantor should be convicted in first instance of a crime involving dishonesty or should become insolvent, the creditor may
demand another who has all the qualifications required in the preceding article. The case is excepted where the creditor has required and stipulated
that a specified person should be the guarantor. (1829a)
191 | M a r t i n e z
CHAPTER 2
EFFECTS OF GUARANTY
SECTION 1. - Effects of Guaranty Between the Guarantor and the Creditor
Art. 2058. 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. (1830a)
Art. 2059. The excussion shall not take place:
(1) If the guarantor has expressly renounced it;
(2) If he has bound himself solidarily with the debtor;
(3) In case of insolvency of the debtor;
(4) When he has absconded, or cannot be sued within the Philippines unless he has left a manager or representative;
(5) If it may be presumed that an execution on the property of the principal debtor would not result in the satisfaction of the obligation. (1831a)
Art. 2060. In order that the guarantor may make use of the benefit of exclusion, he must set it up against the creditor upon the latter's demand for
payment from him, and point out to the creditor available property of the debtor within Philippine territory, sufficient to cover the amount of the debt.
(1832)
Art. 2061. The guarantor having fulfilled all the conditions required in the preceding article, the creditor who is negligent in exhausting the property
pointed out shall suffer the loss, to the extent of said property, for the insolvency of the debtor resulting from such negligence. (1833a)
Art. 2062. In every action by the creditor, which must be against the principal debtor alone, except in the cases mentioned in Article 2059, the
former shall ask the court to notify the guarantor of the action. The guarantor may appear so that he may, if he so desire, set up such defenses as
are granted him by law. The benefit of excussion mentioned in Article 2058 shall always be unimpaired, even if judgment should be rendered
against the principal debtor and the guarantor in case of appearance by the latter. (1834a)
Art. 2063. A compromise between the creditor and the principal debtor benefits the guarantor but does not prejudice him. That which is entered into
between the guarantor and the creditor benefits but does not prejudice the principal debtor. (1835a)
Art. 2064. The guarantor of a guarantor shall enjoy the benefit of excussion, both with respect to the guarantor and to the principal debtor. (1836)
Art. 2065. Should there be several guarantors of only one debtor and for the same debt, the obligation to answer for the same is divided among all.
The creditor cannot claim from the guarantors except the shares which they are respectively bound to pay, unless solidarity has been expressly
stipulated.
The benefit of division against the co-guarantors ceases in the same cases and for the same reasons as the benefit of excussion against the
principal debtor. (1837)
SECTION 2. - Effects of Guaranty Between the Debtor and the Guarantor
Art. 2066. The guarantor who pays for a debtor must be indemnified by the latter.
The indemnity comprises:
(1) The total amount of the debt;
(2) The legal interests thereon from the time the payment was made known to the debtor, even though it did not earn interest for the creditor;
(3) The expenses incurred by the guarantor after having notified the debtor that payment had been demanded of him;
192 | M a r t i n e z
(4) Damages, if they are due. (1838a)
Art. 2067. The guarantor who pays is subrogated by virtue thereof to all the rights which the creditor had against the debtor.
If the guarantor has compromised with the creditor, he cannot demand of the debtor more than what he has really paid. (1839)
Art. 2068. If the guarantor should pay without notifying the debtor, the latter may enforce against him all the defenses which he could have set up
against the creditor at the time the payment was made. (1840)
Art. 2069. If the debt was for a period and the guarantor paid it before it became due, he cannot demand reimbursement of the debtor until the
expiration of the period unless the payment has been ratified by the debtor. (1841a)
Art. 2070. If the guarantor has paid without notifying the debtor, and the latter not being aware of the payment, repeats the payment, the former has
no remedy whatever against the debtor, but only against the creditor. Nevertheless, in case of a gratuitous guaranty, if the guarantor was prevented
by a fortuitous event from advising the debtor of the payment, and the creditor becomes insolvent, the debtor shall reimburse the guarantor for the
amount paid. (1842a)
Art. 2071. The guarantor, even before having paid, may proceed against the principal debtor:
(1) When he is sued for the payment;
(2) In case of insolvency of the principal debtor;
(3) When the debtor has bound himself to relieve him from the guaranty within a specified period, and this period has expired;
(4) When the debt has become demandable, by reason of the expiration of the period for payment;
(5) After the lapse of ten years, when the principal obligation has no fixed period for its maturity, unless it be of such nature that it cannot be
extinguished except within a period longer than ten years;
(6) If there are reasonable grounds to fear that the principal debtor intends to abscond;
(7) If the principal debtor is in imminent danger of becoming insolvent.
In all these cases, the action of the guarantor is to obtain release from the guaranty, or to demand a security that shall protect him from any
proceedings by the creditor and from the danger of insolvency of the debtor. (1834a)
Art. 2072. If one, at the request of another, becomes a guarantor for the debt of a third person who is not present, the guarantor who satisfies the
debt may sue either the person so requesting or the debtor for reimbursement. (n)
SECTION 3. - Effects of Guaranty as Between Co-Guarantors
Art. 2073. When there are two or more guarantors of the same debtor and for the same debt, the one among them who has paid may demand of
each of the others the share which is proportionally owing from him.
If any of the guarantors should be insolvent, his share shall be borne by the others, including the payer, in the same proportion.
The provisions of this article shall not be applicable, unless the payment has been made by virtue of a judicial demand or unless the principal
debtor is insolvent. (1844a)
Art. 2074. In the case of the preceding article, the co-guarantors may set up against the one who paid, the same defenses which would have
pertained to the principal debtor against the creditor, and which are not purely personal to the debtor. (1845)
Art. 2075. A sub-guarantor, in case of the insolvency of the guarantor for whom he bound himself, is responsible to the co-guarantors in the same
terms as the guarantor. (1846)
CHAPTER 3
193 | M a r t i n e z
EXTINGUISHMENT OF GUARANTY
Art. 2076. The obligation of the guarantor is extinguished at the same time as that of the debtor, and for the same causes as all other obligations.
(1847)
Art. 2077. If the creditor voluntarily accepts immovable or other property in payment of the debt, even if he should afterwards lose the same through
eviction, the guarantor is released. (1849)
Art. 2078. A release made by the creditor in favor of one of the guarantors, without the consent of the others, benefits all to the extent of the share
of the guarantor to whom it has been granted. (1850)
Art. 2079. An extension granted to the debtor by the creditor without the consent of the guarantor extinguishes the guaranty. The mere failure on
the part of the creditor to demand payment after the debt has become due does not of itself constitute any extention of time referred to herein.
(1851a)
Art. 2080. The guarantors, even though they be solidary, are released from their obligation whenever by some act of the creditor they cannot be
subrogated to the rights, mortgages, and preference of the latter. (1852)
Art. 2081. The guarantor may set up against the creditor all the defenses which pertain to the principal debtor and are inherent in the debt; but not
those that are personal to the debtor. (1853)
CHAPTER 4
LEGAL AND JUDICIAL BONDS
Art. 2082. The bondsman who is to be offered in virtue of a provision of law or of a judicial order shall have the qualifications prescribed in Article
2056 and in special laws. (1854a)
Art. 2083. If the person bound to give a bond in the cases of the preceding article, should not be able to do so, a pledge or mortgage considered
sufficient to cover his obligation shall be admitted in lieu thereof. (1855)
Art. 2084. A judicial bondsman cannot demand the exhaustion of the property of the principal debtor.
A sub-surety in the same case, cannot demand the exhaustion of the property of the debtor of the surety.
Title XVI.
PLEDGE, MORTGAGE AND ANTICHRESIS
CHAPTER 1
PROVISIONS COMMON TO PLEDGE AND MORTGAGE
Art. 2085. 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 or mortgagor be the absolute owner of the thing pledged or mortgaged;
194 | M a r t i n e z
(3) That the persons constituting the pledge or mortgage have the free disposal of their property, and in the absence thereof, that they be legally
authorized for the purpose.
Third persons who are not parties to the principal obligation may secure the latter by pledging or mortgaging their own property. (1857)
Art. 2086. The provisions of Article 2052 are applicable to a pledge or mortgage. (n)
Art. 2087. 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. (1858)
Art. 2088. The creditor cannot appropriate the things given by way of pledge or mortgage, or dispose of them. Any stipulation to the contrary is null
and void. (1859a)
Art. 2089. A pledge or mortgage is indivisible, even though the debt may be divided among the successors in interest of the debtor or of the
creditor.
Therefore, the debtor's heir who has paid a part of the debt cannot ask for the proportionate extinguishment of the pledge or mortgage as long as
the debt is not completely satisfied.
Neither can the creditor's heir who received his share of the debt return the pledge or cancel the mortgage, to the prejudice of the other heirs who
have not been paid.
From these provisions is expected the case in which, there being several things given in mortgage or pledge, each one of them guarantees only a
determinate portion of the credit.
The debtor, in this case, shall have a right to the extinguishment of the pledge or mortgage as the portion of the debt for which each thing is
specially answerable is satisfied. (1860)
Art. 2090. The indivisibility of a pledge or mortgage is not affected by the fact that the debtors are not solidarily liable. (n)
Art. 2091. The contract of pledge or mortgage may secure all kinds of obligations, be they pure or subject to a suspensive or resolutory condition.
(1861)
Art. 2092. A promise to constitute a pledge or mortgage gives rise only to a personal action between the contracting parties, without prejudice to the
criminal responsibility incurred by him who defrauds another, by offering in pledge or mortgage as unencumbered, things which he knew were
subject to some burden, or by misrepresenting himself to be the owner of the same. (1862)
CHAPTER 2
PLEDGE
Art. 2093. In addition to the requisites prescribed in Article 2085, it is necessary, in order to constitute the contract of pledge, that the thing pledged
be placed in the possession of the creditor, or of a third person by common agreement. (1863)
Art. 2094. All movables which are within commerce may be pledged, provided they are susceptible of possession. (1864)
Art. 2095. Incorporeal rights, evidenced by negotiable instruments, bills of lading, shares of stock, bonds, warehouse receipts and similar
documents may also be pledged. The instrument proving the right pledged shall be delivered to the creditor, and if negotiable, must be indorsed.
(n)
Art. 2096. A pledge shall not take effect against third persons if a description of the thing pledged and the date of the pledge do not appear in a
public instrument. (1865a)
Art. 2097. With the consent of the pledgee, the thing pledged may be alienated by the pledgor or owner, subject to the pledge. The ownership of
the thing pledged is transmitted to the vendee or transferee as soon as the pledgee consents to the alienation, but the latter shall continue in
possession. (n)
195 | M a r t i n e z
Art. 2098. The contract of pledge gives a right to the creditor to retain the thing in his possession or in that of a third person to whom it has been
delivered, until the debt is paid. (1866a)
Art. 2099. The creditor shall take care of the thing pledged with the diligence of a good father of a family; he has a right to the reimbursement of the
expenses made for its preservation, and is liable for its loss or deterioration, in conformity with the provisions of this Code. (1867)
Art. 2100. The pledgee cannot deposit the thing pledged with a third person, unless there is a stipulation authorizing him to do so.
The pledgee is responsible for the acts of his agents or employees with respect to the thing pledged. (n)
Art. 2101. The pledgor has the same responsibility as a bailor in commodatum in the case under Article 1951. (n)
Art. 2102. If the pledge earns or produces fruits, income, dividends, or interests, the creditor shall compensate what he receives with those which
are owing him; but if none are owing him, or insofar as the amount may exceed that which is due, he shall apply it to the principal. Unless there is a
stipulation to the contrary, the pledge shall extend to the interest and earnings of the right pledged.
In case of a pledge of animals, their offspring shall pertain to the pledgor or owner of animals pledged, but shall be subject to the pledge, if there is
no stipulation to the contrary. (1868a)
Art. 2103. Unless the thing pledged is expropriated, the debtor continues to be the owner thereof.
Nevertheless, the creditor may bring the actions which pertain to the owner of the thing pledged in order to recover it from, or defend it against a
third person. (1869)
Art. 2104. The creditor cannot use the thing pledged, without the authority of the owner, and if he should do so, or should misuse the thing in any
other way, the owner may ask that it be judicially or extrajudicially deposited. When the preservation of the thing pledged requires its use, it must be
used by the creditor but only for that purpose. (1870a)
Art. 2105. The debtor cannot ask for the return of the thing pledged against the will of the creditor, unless and until he has paid the debt and its
interest, with expenses in a proper case. (1871)
Art. 2106. If through the negligence or wilful act of the pledgee, the thing pledged is in danger of being lost or impaired, the pledgor may require that
it be deposited with a third person. (n)
Art. 2107. If there are reasonable grounds to fear the destruction or impairment of the thing pledged, without the fault of the pledgee, the pledgor
may demand the return of the thing, upon offering another thing in pledge, provided the latter is of the same kind as the former and not of inferior
quality, and without prejudice to the right of the pledgee under the provisions of the following article.
The pledgee is bound to advise the pledgor, without delay, of any danger to the thing pledged. (n)
Art. 2108. If, without the fault of the pledgee, there is danger of destruction, impairment, or diminution in value of the thing pledged, he may cause
the same to be sold at a public sale. The proceeds of the auction shall be a security for the principal obligation in the same manner as the thing
originally pledged. (n)
Art. 2109. If the creditor is deceived on the substance or quality of the thing pledged, he may either claim another thing in its stead, or demand
immediate payment of the principal obligation. (n)
Art. 2110. If the thing pledged is returned by the pledgee to the pledgor or owner, the pledge is extinguished. Any stipulation to the contrary shall be
void.
If subsequent to the perfection of the pledge, the thing is in the possession of the pledgor or owner, there is a prima facie presumption that the
same has been returned by the pledgee. This same presumption exists if the thing pledged is in the possession of a third person who has received
it from the pledgor or owner after the constitution of the pledge. (n)
Art. 2111. A statement in writing by the pledgee that he renounces or abandons the pledge is sufficient to extinguish the pledge. For this purpose,
neither the acceptance by the pledgor or owner, nor the return of the thing pledged is necessary, the pledgee becoming a depositary. (n)
Art. 2112. The creditor to whom the credit has not been satisfied in due time, may proceed before a Notary Public to the sale of the thing pledged.
This sale shall be made at a public auction, and with notification to the debtor and the owner of the thing pledged in a proper case, stating the
amount for which the public sale is to be held. If at the first auction the thing is not sold, a second one with the same formalities shall be held; and if
at the second auction there is no sale either, the creditor may appropriate the thing pledged. In this case he shall be obliged to give an acquittance
for his entire claim. (1872a)
196 | M a r t i n e z
Art. 2113. At the public auction, the pledgor or owner may bid. He shall, moreover, have a better right if he should offer the same terms as the
highest bidder.
The pledgee may also bid, but his offer shall not be valid if he is the only bidder. (n)
Art. 2114. All bids at the public auction shall offer to pay the purchase price at once. If any other bid is accepted, the pledgee is deemed to have
been received the purchase price, as far as the pledgor or owner is concerned. (n)
Art. 2115. The sale of the thing pledged shall extinguish the principal obligation, whether or not the proceeds of the sale are equal to the amount of
the principal obligation, interest and expenses in a proper case. If the price of the sale is more than said amount, the debtor shall not be entitled to
the excess, unless it is otherwise agreed. If the price of the sale is less, neither shall the creditor be entitled to recover the deficiency,
notwithstanding any stipulation to the contrary. (n)
Art. 2116. After the public auction, the pledgee shall promptly advise the pledgor or owner of the result thereof. (n)
Art. 2117. Any third person who has any right in or to the thing pledged may satisfy the principal obligation as soon as the latter becomes due and
demandable.(n)
Art. 2118. If a credit which has been pledged becomes due before it is redeemed, the pledgee may collect and receive the amount due. He shall
apply the same to the payment of his claim, and deliver the surplus, should there be any, to the pledgor. (n)
Art. 2119. If two or more things are pledged, the pledgee may choose which he will cause to be sold, unless there is a stipulation to the contrary.
He may demand the sale of only as many of the things as are necessary for the payment of the debt. (n)
Art. 2120. If a third party secures an obligation by pledging his own movable property under the provisions of Article 2085 he shall have the same
rights as a guarantor under Articles 2066 to 2070, and Articles 2077 to 2081. He is not prejudiced by any waiver of defense by the principal obligor.
(n)
Art. 2121. Pledges created by operation of law, such as those referred to in Articles 546, 1731, and 1994, are governed by the foregoing articles on
the possession, care and sale of the thing as well as on the termination of the pledge. However, after payment of the debt and expenses, the
remainder of the price of the sale shall be delivered to the obligor. (n)
Art. 2122. A thing under a pledge by operation of law may be sold only after demand of the amount for which the thing is retained. The public
auction shall take place within one month after such demand. If, without just grounds, the creditor does not cause the public sale to be held within
such period, the debtor may require the return of the thing. (n)
Art. 2123. With regard to pawnshops and other establishments, which are engaged in making loans secured by pledges, the special laws and
regulations concerning them shall be observed, and subsidiarily, the provisions of this Title. (1873a)
CHAPTER 3
MORTGAGE
Art. 2124. Only the following property may be the object of a contract of mortgage:
(1) Immovables;
(2) Alienable real rights in accordance with the laws, imposed upon immovables.
Nevertheless, movables may be the object of a chattel mortgage. (1874a)
Art. 2125. In addition to the requisites stated in Article 2085, it is indispensable, in order that a mortgage may be validly constituted, that the
document in which it appears be recorded in the Registry of Property. If the instrument is not recorded, the mortgage is nevertheless binding
between the parties.
The persons in whose favor the law establishes a mortgage have no other right than to demand the execution and the recording of the document in
which the mortgage is formalized. (1875a)
197 | M a r t i n e z
Art. 2126. The mortgage directly and immediately subjects the property upon which it is imposed, whoever the possessor may be, to the fulfillment
of the obligation for whose security it was constituted. (1876)
Art. 2127. The mortgage extends to the natural accessions, to the improvements, growing fruits, and the rents or income not yet received when the
obligation becomes due, and to the amount of the indemnity granted or owing to the proprietor from the insurers of the property mortgaged, or in
virtue of expropriation for public use, with the declarations, amplifications and limitations established by law, whether the estate remains in the
possession of the mortgagor, or it passes into the hands of a third person. (1877)
Art. 2128. The mortgage credit may be alienated or assigned to a third person, in whole or in part, with the formalities required by law. (1878)
Art. 2129. The creditor may claim from a third person in possession of the mortgaged property, the payment of the part of the credit secured by the
property which said third person possesses, in the terms and with the formalities which the law establishes. (1879)
Art. 2130. A stipulation forbidding the owner from alienating the immovable mortgaged shall be void. (n)
Art. 2131. The form, extent and consequences of a mortgage, both as to its constitution, modification and extinguishment, and as to other matters
not included in this Chapter, shall be governed by the provisions of the Mortgage Law and of the Land Registration Law. (1880a)
CHAPTER 4
ANTICHRESIS
Art. 2132. By the contract of antichresis the creditor acquires the right to receive the fruits of an immovable of his debtor, with the obligation to apply
them to the payment of the interest, if owing, and thereafter to the principal of his credit. (1881)
Art. 2133. The actual market value of the fruits at the time of the application thereof to the interest and principal shall be the measure of such
application. (n)
Art. 2134. The amount of the principal and of the interest shall be specified in writing; otherwise, the contract of antichresis shall be void. (n)
Art. 2135. The creditor, unless there is a stipulation to the contrary, is obliged to pay the taxes and charges upon the estate.
He is also bound to bear the expenses necessary for its preservation and repair.
The sums spent for the purposes stated in this article shall be deducted from the fruits. (1882)
Art. 2136. The debtor cannot reacquire the enjoyment of the immovable without first having totally paid what he owes the creditor.
But the latter, in order to exempt himself from the obligations imposed upon him by the preceding article, may always compel the debtor to enter
again upon the enjoyment of the property, except when there is a stipulation to the contrary. (1883)
Art. 2137. The creditor does not acquire the ownership of the real estate for non-payment of the debt within the period agreed upon.
Every stipulation to the contrary shall be void. But the creditor may petition the court for the payment of the debt or the sale of the real property. In
this case, the Rules of Court on the foreclosure of mortgages shall apply. (1884a)
Art. 2138. The contracting parties may stipulate that the interest upon the debt be compensated with the fruits of the property which is the object of
the antichresis, provided that if the value of the fruits should exceed the amount of interest allowed by the laws against usury, the excess shall be
applied to the principal. (1885a)
Art. 2139. The last paragraph of Article 2085, and Articles 2089 to 2091 are applicable to this contract. (1886a)
CHAPTER 5
198 | M a r t i n e z
CHATTEL MORTGAGE
Art. 2140. By a chattel mortgage, personal property is recorded in the Chattel Mortgage Register as a security for the performance of an obligation.
If the movable, instead of being recorded, is delivered to the creditor or a third person, the contract is a pledge and not a chattel mortgage. (n)
Art. 2141. The provisions of this Code on pledge, insofar as they are not in conflict with the Chattel Mortgage Law shall be applicable to chattel
mortgages. (n)
Title XVII.
EXTRA-CONTRACTUAL OBLIGATIONS
CHAPTER 1
QUASI-CONTRACTS
Art. 2142. 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. (n)
Art. 2143. The provisions for quasi-contracts in this Chapter do not exclude other quasi-contracts which may come within the purview of the
preceding article. (n)
SECTION 1. - Negotiorum Gestio
Art. 2144. 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. This juridical relation does not arise in either of these instances:
(1) When the property or business is not neglected or abandoned;
(2) If in fact the manager has been tacitly authorized by the owner.
In the first case, the provisions of Articles 1317, 1403, No. 1, and 1404 regarding unauthorized contracts shall govern.
In the second case, the rules on agency in Title X of this Book shall be applicable. (1888a)
Art. 2145. 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.
The courts may, however, increase or moderate the indemnity according to the circumstances of each case. (1889a)
Art. 2146. 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.
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. (1890a)
Art. 2147. The officious manager shall be liable for any fortuitous event:
(1) If he undertakes risky operations which the owner was not accustomed to embark upon;
(2) If he has preferred his own interest to that of the owner;

199 | M a r t i n e z
(3) If he fails to return the property or business after demand by the owner;
(4) If he assumed the management in bad faith. (1891a)
Art. 2148. Except when the management was assumed to save property or business from imminent danger, the officious manager shall be liable
for fortuitous events:
(1) If he is manifestly unfit to carry on the management;
(2) If by his intervention he prevented a more competent person from taking up the management. (n)
Art. 2149. The ratification of the management by the owner of the business produces the effects of an express agency, even if the business may
not have been successful. (1892a)
Art. 2150. Although the officious management may not have been expressly ratified, the owner of the property or business who enjoys the
advantages of the same shall be liable for obligations incurred in his interest, and shall reimburse the officious manager for the necessary and
useful expenses and for the damages which the latter may have suffered in the performance of his duties.
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. (1893)
Art. 2151. Even though the owner did not derive any benefit and there has been no imminent and manifest danger to the property or business, the
owner is liable as under the first paragraph of the preceding article, provided:
(1) The officious manager has acted in good faith, and
(2) The property or business is intact, ready to be returned to the owner. (n)
Art. 2152. The officious manager is personally liable for contracts which he has entered into with third persons, even though he acted in the name
of the owner, and there shall be no right of action between the owner and third persons. These provisions shall not apply:
(1) If the owner has expressly or tacitly ratified the management, or
(2) When the contract refers to things pertaining to the owner of the business. (n)
Art. 2153. 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. (n)
SECTION 2. - Solutio Indebiti
Art. 2154. 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. (1895)
Art. 2155. 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. (n)
Art. 2156. If the payer was in doubt whether the debt was due, he may recover if he proves that it was not due. (n)
Art. 2157. The responsibility of two or more payees, when there has been payment of what is not due, is solidary. (n)
Art. 2158. When the property delivered or money paid belongs to a third person, the payee shall comply with the provisions of article 1984. (n)
Art. 2159. Whoever in bad faith accepts an undue payment, shall pay legal interest if a sum of money is involved, or shall be liable for fruits
received or which should have been received if the thing produces fruits.
He shall furthermore be answerable for any loss or impairment of the thing from any cause, and for damages to the person who delivered the thing,
until it is recovered. (1896a)
200 | M a r t i n e z
Art. 2160. 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. If he has alienated it, he shall return the price or assign the
action to collect the sum. (1897)
Art. 2161. As regards the reimbursement for improvements and expenses incurred by him who unduly received the thing, the provisions of Title V
of Book II shall govern. (1898)
Art. 2162. 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. He
who paid unduly may proceed only against the true debtor or the guarantors with regard to whom the action is still effective. (1899)
Art. 2163. It is presumed that there was a mistake in the payment if something which had never been due or had already been paid was delivered;
but he from whom the return is claimed may prove that the delivery was made out of liberality or for any other just cause. (1901)
SECTION 3. - Other Quasi-Contracts
Art. 2164. When, without the knowledge of the person obliged to give support, it is given by a stranger, the latter shall have a right to claim the
same from the former, unless it appears that he gave it out of piety and without intention of being repaid. (1894a)
Art. 2165. When funeral expenses are borne by a third person, without the knowledge of those relatives who were obliged to give support to the
deceased, said relatives shall reimburse the third person, should the latter claim reimbursement. (1894a)
Art. 2166. When the person obliged to support an orphan, or an insane or other indigent person unjustly refuses to give support to the latter, any
third person may furnish support to the needy individual, with right of reimbursement from the person obliged to give support. The provisions of this
article apply when the father or mother of a child under eighteen years of age unjustly refuses to support him.
Art. 2167. When through an accident or other cause a person is injured or becomes seriously ill, and he is treated or helped while he is not in a
condition to give consent to a contract, he shall be liable to pay for the services of the physician or other person aiding him, unless the service has
been rendered out of pure generosity.
Art. 2168. 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.
Art. 2169. 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.
Art. 2170. When by accident or other fortuitous event, movables separately pertaining to two or more persons are commingled or confused, the
rules on co-ownership shall be applicable.
Art. 2171. The rights and obligations of the finder of lost personal property shall be governed by Articles 719 and 720.
Art. 2172. The right of every possessor in good faith to reimbursement for necessary and useful expenses is governed by Article 546.
Art. 2173. 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.
Art. 2174. When in a small community a nationality of the inhabitants of age decide upon a measure for protection against lawlessness, fire, flood,
storm or other calamity, any one who objects to the plan and refuses to contribute to the expenses but is benefited by the project as executed shall
be liable to pay his share of said expenses.
Art. 2175. Any person who is constrained to pay the taxes of another shall be entitled to reimbursement from the latter.
CHAPTER 2
QUASI-DELICTS
201 | M a r t i n e z
Art. 2176. 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. (1902a)
Art. 2177. 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. (n)
Art. 2178. The provisions of Articles 1172 to 1174 are also applicable to a quasi-delict. (n)
Art. 2179. 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. (n)
Art. 2180. The obligation imposed by Article 2176 is demandable not only for one's own acts or omissions, but also for those of persons for whom
one is responsible.
The father and, in case of his death or incapacity, the mother, are responsible for the damages caused by the minor children who live in their
company.
Guardians are liable for damages caused by the minors or incapacitated persons who are under their authority and live in their company.
The owners and managers of an establishment or enterprise are likewise responsible for damages caused by their employees in the service of the
branches in which the latter are employed or on the occasion of their functions.
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 State is responsible in like manner when it acts through a special agent; but not when the damage has been caused by the official to whom the
task done properly pertains, in which case what is provided in Article 2176 shall be applicable.
Lastly, teachers or heads of establishments of arts and trades shall be liable for damages caused by their pupils and students or apprentices, so
long as they remain in their custody.
The responsibility treated of in this article shall cease when the persons herein mentioned prove that they observed all the diligence of a good
father of a family to prevent damage. (1903a)
Art. 2181. Whoever pays for the damage caused by his dependents or employees may recover from the latter what he has paid or delivered in
satisfaction of the claim. (1904)
Art. 2182. If the minor or insane person causing damage has no parents or guardian, the minor or insane person shall be answerable with his own
property in an action against him where a guardian ad litem shall be appointed. (n)
Art. 2183. The possessor of an animal or whoever may make use of the same is responsible for the damage which it may cause, although it may
escape or be lost. This responsibility shall cease only in case the damage should come from force majeure or from the fault of the person who has
suffered damage. (1905)
Art. 2184. 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. (n)
Art. 2185. Unless there is proof to the contrary, it is presumed that a person driving a motor vehicle has been negligent if at the time of the mishap,
he was violating any traffic regulation. (n)
Art. 2186. Every owner of a motor vehicle shall file with the proper government office a bond executed by a government-controlled corporation or
office, to answer for damages to third persons. The amount of the bond and other terms shall be fixed by the competent public official. (n)
Art. 2187. Manufacturers and processors of foodstuffs, drinks, toilet articles and similar goods shall be liable for death or injuries caused by any
noxious or harmful substances used, although no contractual relation exists between them and the consumers. (n)
202 | M a r t i n e z
Art. 2188. There is prima facie presumption of negligence on the part of the defendant if the death or injury results from his possession of
dangerous weapons or substances, such as firearms and poison, except when the possession or use thereof is indispensable in his occupation or
business. (n)
Art. 2189. 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. (n)
Art. 2190. The proprietor of a building or structure is responsible for the damages resulting from its total or partial collapse, if it should be due to the
lack of necessary repairs. (1907)
Art. 2191. Proprietors shall also be responsible for damages caused:
(1) By the explosion of machinery which has not been taken care of with due diligence, and the inflammation of explosive substances which have
not been kept in a safe and adequate place;
(2) By excessive smoke, which may be harmful to persons or property;
(3) By the falling of trees situated at or near highways or lanes, if not caused by force majeure;
(4) By emanations from tubes, canals, sewers or deposits of infectious matter, constructed without precautions suitable to the place. (1908)
Art. 2192. 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. (1909)
Art. 2193. The head of a family that lives in a building or a part thereof, is responsible for damages caused by things thrown or falling from the
same. (1910)
Art. 2194. The responsibility of two or more persons who are liable for quasi-delict is solidary. (n)
Title XVIII.
DAMAGES
CHAPTER 1
GENERAL PROVISIONS
Art. 2195. The provisions of this Title shall be respectively applicable to all obligations mentioned in Article 1157.
Art. 2196. The rules under this Title are without prejudice to special provisions on damages formulated elsewhere in this Code. Compensation for
workmen and other employees in case of death, injury or illness is regulated by special laws. Rules governing damages laid down in other laws
shall be observed insofar as they are not in conflict with this Code.
Art. 2197. Damages may be:
(1) Actual or compensatory;
(2) Moral;
(3) Nominal;
(4) Temperate or moderate;
(5) Liquidated; or
203 | M a r t i n e z
(6) Exemplary or corrective.
Art. 2198. The principles of the general law on damages are hereby adopted insofar as they are not inconsistent with this Code.
CHAPTER 2
ACTUAL OR COMPENSATORY DAMAGES
Art. 2199. 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.
Art. 2200. 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. (1106)
Art. 2201. In contracts and quasi-contracts, the damages for which the obligor who acted in good faith is liable shall be those that are the natural
and probable consequences of the breach of the obligation, and which the parties have foreseen or could have reasonably foreseen at the time the
obligation was constituted.
In case of fraud, bad faith, malice or wanton attitude, the obligor shall be responsible for all damages which may be reasonably attributed to the
non-performance of the obligation. (1107a)
Art. 2202. In crimes and quasi-delicts, the defendant shall be liable for all damages which are the natural and probable consequences of the act or
omission complained of. It is not necessary that such damages have been foreseen or could have reasonably been foreseen by the defendant.
Art. 2203. The party suffering loss or injury must exercise the diligence of a good father of a family to minimize the damages resulting from the act
or omission in question.
Art. 2204. In crimes, the damages to be adjudicated may be respectively increased or lessened according to the aggravating or mitigating
circumstances.
Art. 2205. Damages may be recovered:
(1) For loss or impairment of earning capacity in cases of temporary or permanent personal injury;
(2) For injury to the plaintiff's business standing or commercial credit.
Art. 2206. The amount of damages for death caused by a crime or quasi-delict shall be at least three thousand pesos, even though there may have
been mitigating circumstances. In addition:
(1) The defendant shall be liable for the loss of the earning capacity of the deceased, and the indemnity shall be paid to the heirs of the latter; such
indemnity shall in every case be assessed and awarded by the court, unless the deceased on account of permanent physical disability not caused
by the defendant, had no earning capacity at the time of his death;
(2) If the deceased was obliged to give support according to the provisions of Article 291, the recipient who is not an heir called to the decedent's
inheritance by the law of testate or intestate succession, may demand support from the person causing the death, for a period not exceeding five
years, the exact duration to be fixed by the court;
(3) The spouse, legitimate and illegitimate descendants and ascendants of the deceased may demand moral damages for mental anguish by
reason of the death of the deceased.
Art. 2207. If the plaintiff's property has been insured, and he has received indemnity from the insurance company for the injury or loss arising out of
the wrong or breach of contract complained of, the insurance company shall be subrogated to the rights of the insured against the wrongdoer or the
person who has violated the contract. If the amount paid by the insurance company does not fully cover the injury or loss, the aggrieved party shall
be entitled to recover the deficiency from the person causing the loss or injury.
Art. 2208. In the absence of stipulation, attorney's fees and expenses of litigation, other than judicial costs, cannot be recovered, except:
204 | M a r t i n e z
(1) When exemplary damages are awarded;
(2) When the defendant's act or omission has compelled the plaintiff to litigate with third persons or to incur expenses to protect his interest;
(3) In criminal cases of malicious prosecution against the plaintiff;
(4) In case of a clearly unfounded civil action or proceeding against the plaintiff;
(5) Where the defendant acted in gross and evident bad faith in refusing to satisfy the plaintiff's plainly valid, just and demandable claim;
(6) In actions for legal support;
(7) In actions for the recovery of wages of household helpers, laborers and skilled workers;
(8) In actions for indemnity under workmen's compensation and employer's liability laws;
(9) In a separate civil action to recover civil liability arising from a crime;
(10) When at least double judicial costs are awarded;
(11) In any other case where the court deems it just and equitable that attorney's fees and expenses of litigation should be recovered.
In all cases, the attorney's fees and expenses of litigation must be reasonable.
Art. 2209. If the obligation consists in the payment of a sum of money, and the debtor incurs in delay, the indemnity for damages, there being no
stipulation to the contrary, shall be the payment of the interest agreed upon, and in the absence of stipulation, the legal interest, which is six per
cent per annum. (1108)
Art. 2210. Interest may, in the discretion of the court, be allowed upon damages awarded for breach of contract.
Art. 2211. In crimes and quasi-delicts, interest as a part of the damages may, in a proper case, be adjudicated in the discretion of the court.
Art. 2212. Interest due shall earn legal interest from the time it is judicially demanded, although the obligation may be silent upon this point. (1109a)
Art. 2213. Interest cannot be recovered upon unliquidated claims or damages, except when the demand can be established with reasonably
certainty.
Art. 2214. In quasi-delicts, the contributory negligence of the plaintiff shall reduce the damages that he may recover.
Art. 2215. In contracts, quasi-contracts, and quasi-delicts, the court may equitably mitigate the damages under circumstances other than the case
referred to in the preceding article, as in the following instances:
(1) That the plaintiff himself has contravened the terms of the contract;
(2) That the plaintiff has derived some benefit as a result of the contract;
(3) In cases where exemplary damages are to be awarded, that the defendant acted upon the advice of counsel;
(4) That the loss would have resulted in any event;
(5) That since the filing of the action, the defendant has done his best to lessen the plaintiff's loss or injury.
CHAPTER 3
OTHER KINDS OF DAMAGES

205 | M a r t i n e z
Art. 2216. 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.
SECTION 1. - Moral Damages
Art. 2217. Moral damages include physical suffering, mental anguish, fright, serious anxiety, besmirched reputation, wounded feelings, moral
shock, social humiliation, and similar injury. Though incapable of pecuniary computation, moral damages may be recovered if they are the
proximate result of the defendant's wrongful act for omission.
Art. 2218. In the adjudication of moral damages, the sentimental value of property, real or personal, may be considered.
Art. 2219. Moral damages may be recovered in the following and analogous cases:
(1) A criminal offense resulting in physical injuries;
(2) Quasi-delicts causing physical injuries;
(3) Seduction, abduction, rape, or other lascivious acts;
(4) Adultery or concubinage;
(5) Illegal or arbitrary detention or arrest;
(6) Illegal search;
(7) Libel, slander or any other form of defamation;
(8) Malicious prosecution;
(9) Acts mentioned in Article 309;
(10) Acts and actions referred to in Articles 21, 26, 27, 28, 29, 30, 32, 34, and 35.
The parents of the female seduced, abducted, raped, or abused, referred to in No. 3 of this article, may also recover moral damages.
The spouse, descendants, ascendants, and brothers and sisters may bring the action mentioned in No. 9 of this article, in the order named.
Art. 2220. Willful injury to property may be a legal ground for awarding moral damages if the court should find that, under the circumstances, such
damages are justly due. The same rule applies to breaches of contract where the defendant acted fraudulently or in bad faith.
SECTION 2. - Nominal Damages
Art. 2221. Nominal damages are adjudicated in order that a right of the plaintiff, which has been violated or invaded by the defendant, may be
vindicated or recognized, and not for the purpose of indemnifying the plaintiff for any loss suffered by him.
Art. 2222. The court may award nominal damages in every obligation arising from any source enumerated in Article 1157, or in every case where
any property right has been invaded.
Art. 2223. The adjudication of nominal damages shall preclude further contest upon the right involved and all accessory questions, as between the
parties to the suit, or their respective heirs and assigns.
SECTION 3. - Temperate or Moderate Damages
Art. 2224. Temperate or moderate damages, which are more than nominal but less than compensatory damages, may be recovered when the court
finds that some pecuniary loss has been suffered but its amount can not, from the nature of the case, be provided with certainty.
Art. 2225. Temperate damages must be reasonable under the circumstances.
SECTION 4. - Liquidated Damages
Art. 2226. Liquidated damages are those agreed upon by the parties to a contract, to be paid in case of breach thereof.
Art. 2227. Liquidated damages, whether intended as an indemnity or a penalty, shall be equitably reduced if they are iniquitous or unconscionable.
206 | M a r t i n e z
Art. 2228. 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.
SECTION 5. - Exemplary or Corrective Damages
Art. 2229. 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.
Art. 2230. In criminal offenses, exemplary damages as a part of the civil liability may be imposed when the crime was committed with one or more
aggravating circumstances. Such damages are separate and distinct from fines and shall be paid to the offended party.
Art. 2231. In quasi-delicts, exemplary damages may be granted if the defendant acted with gross negligence.
Art. 2232. In contracts and quasi-contracts, the court may award exemplary damages if the defendant acted in a wanton, fraudulent, reckless,
oppressive, or malevolent manner.
Art. 2233. Exemplary damages cannot be recovered as a matter of right; the court will decide whether or not they should be adjudicated.
Art. 2234. While the amount of the exemplary damages need not be proved, the plaintiff must show that he is entitled to moral, temperate or
compensatory damages before the court may consider the question of whether or not exemplary damages should be awarded. In case liquidated
damages have been agreed upon, although no proof of loss is necessary in order that such liquidated damages may be recovered, nevertheless,
before the court may consider the question of granting exemplary in addition to the liquidated damages, the plaintiff must show that he would be
entitled to moral, temperate or compensatory damages were it not for the stipulation for liquidated damages.
Art. 2235. A stipulation whereby exemplary damages are renounced in advance shall be null and void.
Title XIX.
CONCURRENCE AND PREFERENCE OF CREDITS
CHAPTER 1
GENERAL PROVISIONS
Art. 2236. The debtor is liable with all his property, present and future, for the fulfillment of his obligations, subject to the exemptions provided by
law. (1911a)
Art. 2237. Insolvency shall be governed by special laws insofar as they are not inconsistent with this Code. (n)
Art. 2238. So long as the conjugal partnership or absolute community subsists, its property shall not be among the assets to be taken possession of
by the assignee for the payment of the insolvent debtor's obligations, except insofar as the latter have redounded to the benefit of the family. 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. (n)
Art. 2239. If there is property, other than that mentioned in the preceding article, owned by two or more persons, one of whom is the insolvent
debtor, his undivided share or interest therein shall be among the assets to be taken possession of by the assignee for the payment of the insolvent
debtor's obligations. (n)
Art. 2240. Property held by the insolvent debtor as a trustee of an express or implied trust, shall be excluded from the insolvency proceedings. (n)
CHAPTER 2
207 | M a r t i n e z
CLASSIFICATION OF CREDITS
Art. 2241. With reference to specific movable property of the debtor, the following claims or liens shall be preferred:
(1) Duties, taxes and fees due thereon to the State or any subdivision thereof;
(2) Claims arising from misappropriation, breach of trust, or malfeasance by public officials committed in the performance of their duties, on the
movables, money or securities obtained by them;
(3) Claims for the unpaid price of movables sold, on said movables, so long as they are in the possession of the debtor, up to the value of the
same; and if the movable has been resold by the debtor and the price is still unpaid, the lien may be enforced on the price; this right is not lost by
the immobilization of the thing by destination, provided it has not lost its form, substance and identity; neither is the right lost by the sale of the thing
together with other property for a lump sum, when the price thereof can be determined proportionally;
(4) Credits guaranteed with a pledge so long as the things pledged are in the hands of the creditor, or those guaranteed by a chattel mortgage,
upon the things pledged or mortgaged, up to the value thereof;
(5) Credits for the making, repair, safekeeping or preservation of personal property, on the movable thus made, repaired, kept or possessed;
(6) Claims for laborers' wages, on the goods manufactured or the work done;
(7) For expenses of salvage, upon the goods salvaged;
(8) Credits between the landlord and the tenant, arising from the contract of tenancy on shares, on the share of each in the fruits or harvest;
(9) Credits for transportation, upon the goods carried, for the price of the contract and incidental expenses, until their delivery and for thirty days
thereafter;
(10) Credits for lodging and supplies usually furnished to travellers by hotel keepers, on the movables belonging to the guest as long as such
movables are in the hotel, but not for money loaned to the guests;
(11) Credits for seeds and expenses for cultivation and harvest advanced to the debtor, upon the fruits harvested;
(12) Credits for rent for one year, upon the personal property of the lessee existing on the immovable leased and on the fruits of the same, but not
on money or instruments of credit;
(13) Claims in favor of the depositor if the depositary has wrongfully sold the thing deposited, upon the price of the sale.
In the foregoing cases, if the movables to which the lien or preference attaches have been wrongfully taken, the creditor may demand them from
any possessor, within thirty days from the unlawful seizure. (1922a)
Art. 2242. With reference to specific immovable property and real rights of the debtor, the following claims, mortgages and liens shall be preferred,
and shall constitute an encumbrance on the immovable or real right:
(1) Taxes due upon the land or building;
(2) For the unpaid price of real property sold, upon the immovable sold;
(3) Claims of laborers, masons, mechanics and other workmen, as well as of architects, engineers and contractors, engaged in the construction,
reconstruction or repair of buildings, canals or other works, upon said buildings, canals or other works;
(4) Claims of furnishers of materials used in the construction, reconstruction, or repair of buildings, canals or other works, upon said buildings,
canals or other works;
(5) Mortgage credits recorded in the Registry of Property, upon the real estate mortgaged;
(6) Expenses for the preservation or improvement of real property when the law authorizes reimbursement, upon the immovable preserved or
improved;
(7) Credits annotated in the Registry of Property, in virtue of a judicial order, by attachments or executions, upon the property affected, and only as
to later credits;
208 | M a r t i n e z
(8) Claims of co-heirs for warranty in the partition of an immovable among them, upon the real property thus divided;
(9) Claims of donors or real property for pecuniary charges or other conditions imposed upon the donee, upon the immovable donated;
(10) Credits of insurers, upon the property insured, for the insurance premium for two years. (1923a)
Art. 2243. The claims or credits enumerated in the two preceding articles shall be considered as mortgages or pledges of real or personal property,
or liens within the purview of legal provisions governing insolvency. Taxes mentioned in No. 1, Article 2241, and No. 1, Article 2242, shall first be
satisfied. (n)
Art. 2244. With reference to other property, real and personal, of the debtor, the following claims or credits shall be preferred in the order named:
(1) Proper funeral expenses for the debtor, or children under his or her parental authority who have no property of their own, when approved by the
court;
(2) Credits for services rendered the insolvent by employees, laborers, or household helpers for one year preceding the commencement of the
proceedings in insolvency;
(3) Expenses during the last illness of the debtor or of his or her spouse and children under his or her parental authority, if they have no property of
their own;
(4) Compensation due the laborers or their dependents under laws providing for indemnity for damages in cases of labor accident, or illness
resulting from the nature of the employment;
(5) Credits and advancements made to the debtor for support of himself or herself, and family, during the last year preceding the insolvency;
(6) Support during the insolvency proceedings, and for three months thereafter;
(7) Fines and civil indemnification arising from a criminal offense;
(8) Legal expenses, and expenses incurred in the administration of the insolvent's estate for the common interest of the creditors, when properly
authorized and approved by the court;
(9) Taxes and assessments due the national government, other than those mentioned in Articles 2241, No. 1, and 2242, No. 1;
(10) Taxes and assessments due any province, other than those referred to in Articles 2241, No. 1, and 2242, No. 1;
(11) Taxes and assessments due any city or municipality, other than those indicated in Articles 2241, No. 1, and 2242, No. 1;
(12) Damages for death or personal injuries caused by a quasi-delict;
(13) Gifts due to public and private institutions of charity or beneficence;
(14) Credits which, without special privilege, appear in (a) a public instrument; or (b) in a final judgment, if they have been the subject of litigation.
These credits shall have preference among themselves in the order of priority of the dates of the instruments and of the judgments, respectively.
(1924a)
Art. 2245. Credits of any other kind or class, or by any other right or title not comprised in the four preceding articles, shall enjoy no preference.
(1925)
CHAPTER 3
ORDER OF PREFERENCE OF CREDITS
Art. 2246. Those credits which enjoy preference with respect to specific movables, exclude all others to the extent of the value of the personal
property to which the preference refers.
209 | M a r t i n e z
Art. 2247. If there are two or more credits with respect to the same specific movable property, they shall be satisfied pro rata, after the payment of
duties, taxes and fees due the State or any subdivision thereof. (1926a)
Art. 2248. Those credits which enjoy preference in relation to specific real property or real rights, exclude all others to the extent of the value of the
immovable or real right to which the preference refers.
Art. 2249. If there are two or more credits with respect to the same specific real property or real rights, they shall be satisfied pro rata, after the
payment of the taxes and assessments upon the immovable property or real right. (1927a)
Art. 2250. The excess, if any, after the payment of the credits which enjoy preference with respect to specific property, real or personal, shall be
added to the free property which the debtor may have, for the payment of the other credits. (1928a)
Art. 2251. Those credits which do not enjoy any preference with respect to specific property, and those which enjoy preference, as to the amount
not paid, shall be satisfied according to the following rules:
(1) In the order established in Article 2244;
(2) Common credits referred to in Article 2245 shall be paid pro rata regardless of dates. (1929a)
TRANSITIONAL PROVISIONS
Art. 2252. Changes made and new provisions and rules laid down by this Code which may prejudice or impair vested or acquired rights in
accordance with the old legislation shall have no retroactive effect.
For the determination of the applicable law in cases which are not specified elsewhere in this Code, the following articles shall be observed: (Pars.
1 and 2, Transitional Provisions).
Art. 2253. The Civil Code of 1889 and other previous laws shall govern rights originating, under said laws, from acts done or events which took
place under their regime, even though this Code may regulate them in a different manner, or may not recognize them. But if a right should be
declared for the first time in this Code, it shall be effective at once, even though the act or event which gives rise thereto may have been done or
may have occurred under prior legislation, provided said new right does not prejudice or impair any vested or acquired right, of the same origin.
(Rule 1)
Art. 2254. No vested or acquired right can arise from acts or omissions which are against the law or which infringe upon the rights of others. (n)
Art. 2255. The former laws shall regulate acts and contracts with a condition or period, which were executed or entered into before the effectivity of
this Code, even though the condition or period may still be pending at the time this body of laws goes into effect. (n)
Art. 2256. Acts and contracts under the regime of the old laws, if they are valid in accordance therewith, shall continue to be fully operative as
provided in the same, with the limitations established in these rules. But the revocation or modification of these acts and contracts after the
beginning of the effectivity of this Code, shall be subject to the provisions of this new body of laws. (Rule 2a)
Art. 2257. Provisions of this Code which attach a civil sanction or penalty or a deprivation of rights to acts or omissions which were not penalized by
the former laws, are not applicable to those who, when said laws were in force, may have executed the act or incurred in the omission forbidden or
condemned by this Code.
If the fault is also punished by the previous legislation, the less severe sanction shall be applied.
If a continuous or repeated act or omission was commenced before the beginning of the effectivity of this Code, and the same subsists or is
maintained or repeated after this body of laws has become operative, the sanction or penalty prescribed in this Code shall be applied, even though
the previous laws may not have provided any sanction or penalty therefor. (Rule 3a)
Art. 2258. Actions and rights which came into being but were not exercised before the effectivity of this Code, shall remain in full force in conformity
with the old legislation; but their exercise, duration and the procedure to enforce them shall be regulated by this Code and by the Rules of Court. If
the exercise of the right or of the action was commenced under the old laws, but is pending on the date this Code takes effect, and the procedure
was different from that established in this new body of laws, the parties concerned may choose which method or course to pursue. (Rule 4)
Art. 2259. The capacity of a married woman to execute acts and contracts is governed by this Code, even if her marriage was celebrated under the
former laws. (n)
210 | M a r t i n e z
Art. 2260. 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. (n)
Art. 2261. The exemption prescribed in Article 302 shall also be applicable to any support, pension or gratuity already existing or granted before
this Code becomes effective. (n)
Art. 2262. Guardians of the property of minors, appointed by the courts before this Code goes into effect, shall continue to act as such,
notwithstanding the provisions of Article 320. (n)
Art. 2263. Rights to the inheritance of a person who died, with or without a will, before the effectivity of this Code, shall be governed by the Civil
Code of 1889, by other previous laws, and by the Rules of Court. The inheritance of those who, with or without a will, die after the beginning of the
effectivity of this Code, shall be adjudicated and distributed in accordance with this new body of laws and by the Rules of Court; but the
testamentary provisions shall be carried out insofar as they may be permitted by this Code. Therefore, legitimes, betterments, legacies and
bequests shall be respected; however, their amount shall be reduced if in no other manner can every compulsory heir be given his full share
according to this Code. (Rule 12a)
Art. 2264. The status and rights of natural children by legal fiction referred to in article 89 and illegitimate children mentioned in Article 287, shall
also be acquired by children born before the effectivity of this Code. (n)
Art. 2265. The right of retention of real or personal property arising after this Code becomes effective, includes those things which came into the
creditor's possession before said date. (n)
Art. 2266. The following shall have not only prospective but also retroactive effect:
(1) Article 315, whereby a descendant cannot be compelled, in a criminal case, to testify against his parents and ascendants;
(2) Articles 101 and 88, providing against collusion in cases of legal separation and annulment of marriage;
(3) Articles 283, 284, and 289, concerning the proof of illegitimate filiation;
(4) Article 838, authorizing the probate of a will on petition of the testator himself;
(5) Articles 1359 to 1369, relative to the reformation of instruments;
(6) Articles 476 to 481, regulating actions to quiet title;
(7) Articles 2029 to 2031, which are designed to promote compromise. (n)
Art. 2267. The following provisions shall apply not only to future cases but also to those pending on the date this Code becomes effective:
(1) Article 29, Relative to criminal prosecutions wherein the accused is acquitted on the ground that his guilt has not been proved beyond
reasonable doubt;
(2) Article 33, concerning cases of defamation, fraud, and physical injuries. (n)
Art. 2268. Suits between members of the same family which are pending at the time this Code goes into effect shall be suspended, under such
terms as the court may determine, in order that compromise may be earnestly sought, or, in case of legal separation proceedings, for the purpose
of effecting, if possible, a reconciliation. (n)
Art. 2269. The principles upon which the preceding transitional provisions are based shall, by analogy, be applied to cases not specifically
regulated by them. (Rule 13a)
REPEALING CLAUSE
Art. 2270. The following laws and regulations are hereby repealed:
(1) Those parts and provisions of the Civil Code of 1889 which are in force on the date when this new Civil Code becomes effective:
(2) The provisions of the Code of Commerce governing sales, partnership, agency, loan, deposit and guaranty;
211 | M a r t i n e z
(3) The provisions of the Code of Civil Procedure on prescription as far as inconsistent with this Code; and
(4) All laws, Acts, parts of Acts, rules of court, executive orders, and administrative regulations which are inconsistent with this Code. (n)
Approved, June 18, 1949.
EXECUTIVE ORDER NO. 209
THE FAMILY CODE OF THE PHILIPPINES
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.
Requisites of Marriage
Article 1. Marriage is a special contract of permanent union between a man and a woman entered into in accordance with law for the establishment
of conjugal and family life. It is the foundation of the family and an inviolable social institution whose nature, consequences, and incidents are
governed by law and not subject to stipulation, except that marriage settlements may fix the property relations during the marriage within the limits
provided by this Code. (52a)
Art. 2. No marriage shall be valid, unless these essential requisites are present:
(1) Legal capacity of the contracting parties who must be a male and a female; and
(2) Consent freely given in the presence of the solemnizing officer. (53a)
Art. 3. The formal requisites of marriage are:
(1) Authority of the solemnizing officer;
(2) A valid marriage license except in the cases provided for in Chapter 2 of this Title; and
(3) A marriage ceremony which takes place with the appearance of the contracting parties before the solemnizing officer and their personal
declaration that they take each other as husband and wife in the presence of not less than two witnesses of legal age. (53a, 55a)
Art. 4. The absence of any of the essential or formal requisites shall render the marriage void ab initio, except as stated in Article 35 (2).
A defect in any of the essential requisites shall not affect the validity of the marriage but the party or parties responsible for the irregularity shall be
civilly, criminally and administratively liable. (n)
Art. 5. Any male or female of the age of eighteen years or upwards not under any of the impediments mentioned in Articles 37 and 38, may contract
marriage. (54a)
Art. 6. No prescribed form or religious rite for the solemnization of the marriage is required. It shall be necessary, however, for the contracting
parties to appear personally before the solemnizing officer and declare in the presence of not less than two witnesses of legal age that they take
each other as husband and wife. This declaration shall be contained in the marriage certificate which shall be signed by the contracting parties and
their witnesses and attested by the solemnizing officer.
212 | M a r t i n e z
In case of a marriage in articulo mortis, when the party at the point of death is unable to sign the marriage certificate, it shall be sufficient for one of
the witnesses to the marriage to write the name of said party, which fact shall be attested by the solemnizing officer. (55a)
Art. 7. Marriage may be solemnized by:
(1) Any incumbent member of the judiciary within the court's jurisdiction;
(2) Any priest, rabbi, imam, or minister of any church or religious sect duly authorized by his church or religious sect and registered with the civil
registrar general, acting within the limits of the written authority granted by his church or religious sect and provided that at least one of the
contracting parties belongs to the solemnizing officer's church or religious sect;
(3) Any ship captain or airplane chief only in the case mentioned in Article 31;
(4) Any military commander of a unit to which a chaplain is assigned, in the absence of the latter, during a military operation, likewise only in the
cases mentioned in Article 32;
(5) Any consul-general, consul or vice-consul in the case provided in Article 10. (56a)
Article. 8. The marriage shall be solemnized publicly in the chambers of the judge or in open court, in the church, chapel or temple, or in the office
the consul-general, consul or vice-consul, as the case may be, and not elsewhere, except in cases of marriages contracted on the point of death or
in remote places in accordance with Article 29 of this Code, or where both of the parties request the solemnizing officer in writing in which case the
marriage may be solemnized at a house or place designated by them in a sworn statement to that effect. (57a)
Art. 9. A marriage license shall be issued by the local civil registrar of the city or municipality where either contracting party habitually resides,
except in marriages where no license is required in accordance with Chapter 2 of this Title. (58a)
Art. 10. Marriages between Filipino citizens abroad may be solemnized by a consul-general, consul or vice-consul of the Republic of the
Philippines. The issuance of the marriage license and the duties of the local civil registrar and of the solemnizing officer with regard to the
celebration of marriage shall be performed by said consular official. (75a)
Art. 11. Where a marriage license is required, each of the contracting parties shall file separately a sworn application for such license with the
proper local civil registrar which shall specify the following:
(1) Full name of the contracting party;
(2) Place of birth;
(3) Age and date of birth;
(4) Civil status;
(5) If previously married, how, when and where the previous marriage was dissolved or annulled;
(6) Present residence and citizenship;
(7) Degree of relationship of the contracting parties;
(8) Full name, residence and citizenship of the father;
(9) Full name, residence and citizenship of the mother; and
(10) Full name, residence and citizenship of the guardian or person having charge, in case the contracting party has neither father nor mother and
is under the age of twenty-one years.
The applicants, their parents or guardians shall not be required to exhibit their residence certificates in any formality in connection with the securing
of the marriage license. (59a)
Art. 12. The local civil registrar, upon receiving such application, shall require the presentation of the original birth certificates or, in default thereof,
the baptismal certificates of the contracting parties or copies of such documents duly attested by the persons having custody of the originals. These
certificates or certified copies of the documents by this Article need not be sworn to and shall be exempt from the documentary stamp tax. The
signature and official title of the person issuing the certificate shall be sufficient proof of its authenticity.
213 | M a r t i n e z
If either of the contracting parties is unable to produce his birth or baptismal certificate or a certified copy of either because of the destruction or loss
of the original or if it is shown by an affidavit of such party or of any other person that such birth or baptismal certificate has not yet been received
though the same has been required of the person having custody thereof at least fifteen days prior to the date of the application, such party may
furnish in lieu thereof his current residence certificate or an instrument drawn up and sworn to before the local civil registrar concerned or any public
official authorized to administer oaths. Such instrument shall contain the sworn declaration of two witnesses of lawful age, setting forth the full
name, residence and citizenship of such contracting party and of his or her parents, if known, and the place and date of birth of such party. The
nearest of kin of the contracting parties shall be preferred as witnesses, or, in their default, persons of good reputation in the province or the
locality.
The presentation of birth or baptismal certificate shall not be required if the parents of the contracting parties appear personally before the local civil
registrar concerned and swear to the correctness of the lawful age of said parties, as stated in the application, or when the local civil registrar shall,
by merely looking at the applicants upon their personally appearing before him, be convinced that either or both of them have the required age.
(60a)
Art. 13. In case either of the contracting parties has been previously married, the applicant shall be required to furnish, instead of the birth or
baptismal certificate required in the last preceding article, the death certificate of the deceased spouse or the judicial decree of the absolute
divorce, or the judicial decree of annulment or declaration of nullity of his or her previous marriage.
In case the death certificate cannot be secured, the party shall make an affidavit setting forth this circumstance and his or her actual civil status and
the name and date of death of the deceased spouse. (61a)
Art. 14. In case either or both of the contracting parties, not having been emancipated by a previous marriage, are between the ages of eighteen
and twenty-one, 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, surviving parent or guardian, or persons having legal charge of them, in the order mentioned. Such consent shall be
manifested in writing by the interested party, who personally appears before the proper local civil registrar, or in the form of an affidavit made in the
presence of two witnesses and attested before any official authorized by law to administer oaths. The personal manifestation shall be recorded in
both applications for marriage license, and the affidavit, if one is executed instead, shall be attached to said applications. (61a)
Art. 15. Any contracting party between the age of twenty-one and twenty-five shall be obliged to ask their parents or guardian for advice upon the
intended marriage. If they do not obtain such advice, or if it be unfavorable, the marriage license shall not be issued till after three months following
the completion of the publication of the application therefor. A sworn statement by the contracting parties to the effect that such advice has been
sought, together with the written advice given, if any, shall be attached to the application for marriage license. Should the parents or guardian
refuse to give any advice, this fact shall be stated in the sworn statement. (62a)
Art. 16. In the cases where parental consent or parental advice is needed, the party or parties concerned shall, in addition to the requirements of
the preceding articles, attach a certificate issued by a priest, imam or minister authorized to solemnize marriage under Article 7 of this Code or a
marriage counselor duly accredited by the proper government agency to the effect that the contracting parties have undergone marriage
counseling. Failure to attach said certificates of marriage counseling shall suspend the issuance of the marriage license for a period of three
months from the completion of the publication of the application. Issuance of the marriage license within the prohibited period shall subject the
issuing officer to administrative sanctions but shall not affect the validity of the marriage.
Should only one of the contracting parties need parental consent or parental advice, the other party must be present at the counseling referred to in
the preceding paragraph. (n)
Art. 17. The local civil registrar shall prepare a notice which shall contain the full names and residences of the applicants for a marriage license and
other data given in the applications. The notice shall be posted for ten consecutive days on a bulletin board outside the office of the local civil
registrar located in a conspicuous place within the building and accessible to the general public. This notice shall request all persons having
knowledge of any impediment to the marriage to advise the local civil registrar thereof. The marriage license shall be issued after the completion of
the period of publication. (63a)
Art. 18. In case of any impediment known to the local civil registrar or brought to his attention, he shall note down the particulars thereof and his
findings thereon in the application for marriage license, but shall nonetheless issue said license after the completion of the period of publication,
unless ordered otherwise by a competent court at his own instance or that of any interest party. No filing fee shall be charged for the petition nor a
corresponding bond required for the issuances of the order. (64a)
Art. 19. The local civil registrar shall require the payment of the fees prescribed by law or regulations before the issuance of the marriage license.
No other sum shall be collected in the nature of a fee or tax of any kind for the issuance of said license. It shall, however, be issued free of charge
to indigent parties, that is those who have no visible means of income or whose income is insufficient for their subsistence a fact established by
their affidavit, or by their oath before the local civil registrar. (65a)
214 | M a r t i n e z
Art. 20. The license shall be valid in any part of the Philippines for a period of one hundred twenty days from the date of issue, and shall be deemed
automatically canceled at the expiration of the said period if the contracting parties have not made use of it. The expiry date shall be stamped in
bold characters on the face of every license issued. (65a)
Art. 21. When either or both of the contracting parties are citizens of a foreign country, it shall be necessary for them before a marriage license can
be obtained, to submit a certificate of legal capacity to contract marriage, issued by their respective diplomatic or consular officials.
Stateless persons or refugees from other countries shall, in lieu of the certificate of legal capacity herein required, submit an affidavit stating the
circumstances showing such capacity to contract marriage. (66a)
Art. 22. The marriage certificate, in which the parties shall declare that they take each other as husband and wife, shall also state:
(1) The full name, sex and age of each contracting party;
(2) Their citizenship, religion and habitual residence;
(3) The date and precise time of the celebration of the marriage;
(4) That the proper marriage license has been issued according to law, except in marriage provided for in Chapter 2 of this Title;
(5) That either or both of the contracting parties have secured the parental consent in appropriate cases;
(6) That either or both of the contracting parties have complied with the legal requirement regarding parental advice in appropriate cases; and
(7) That the parties have entered into marriage settlement, if any, attaching a copy thereof. (67a)
Art. 23. It shall be the duty of the person solemnizing the marriage to furnish either of the contracting parties the original of the marriage certificate
referred to in Article 6 and to send the duplicate and triplicate copies of the certificate not later than fifteen days after the marriage, to the local civil
registrar of the place where the marriage was solemnized. Proper receipts shall be issued by the local civil registrar to the solemnizing officer
transmitting copies of the marriage certificate. The solemnizing officer shall retain in his file the quadruplicate copy of the marriage certificate, the
copy of the marriage certificate, the original of the marriage license and, in proper cases, the affidavit of the contracting party regarding the
solemnization of the marriage in place other than those mentioned in Article 8. (68a)
Art. 24. It shall be the duty of the local civil registrar to prepare the documents required by this Title, and to administer oaths to all interested parties
without any charge in both cases. The documents and affidavits filed in connection with applications for marriage licenses shall be exempt from
documentary stamp tax. (n)
Art. 25. The local civil registrar concerned shall enter all applications for marriage licenses filed with him in a registry book strictly in the order in
which the same are received. He shall record in said book the names of the applicants, the date on which the marriage license was issued, and
such other data as may be necessary. (n)
Art. 26. All marriages solemnized outside the Philippines, in accordance with the laws in force in the country where they were solemnized, and valid
there as such, shall also be valid in this country, except those prohibited under Articles 35 (1), (4), (5) and (6), 3637 and 38. (17a)
Where a marriage between a Filipino citizen and a foreigner is validly celebrated and a divorce is thereafter validly obtained abroad by the alien
spouse capacitating him or her to remarry, the Filipino spouse shall have capacity to remarry under Philippine law. (As amended by Executive
Order 227)
Chapter 2.
Marriages Exempted from License Requirement
Art. 27. In case either or both of the contracting parties are at the point of death, the marriage may be solemnized without necessity of a marriage
license and shall remain valid even if the ailing party subsequently survives. (72a)
Art. 28. If the residence of either party is so located that there is no means of transportation to enable such party to appear personally before the
local civil registrar, the marriage may be solemnized without necessity of a marriage license. (72a)
215 | M a r t i n e z
Art. 29. In the cases provided for in the two preceding articles, the solemnizing officer shall state in an affidavit executed before the local civil
registrar or any other person legally authorized to administer oaths that the marriage was performed in articulo mortis or that the residence of either
party, specifying the barrio or barangay, is so located that there is no means of transportation to enable such party to appear personally before the
local civil registrar and that the officer took the necessary steps to ascertain the ages and relationship of the contracting parties and the absence of
legal impediment to the marriage. (72a)
Art. 30. The original of the affidavit required in the last preceding article, together with the legible copy of the marriage contract, shall be sent by the
person solemnizing the marriage to the local civil registrar of the municipality where it was performed within the period of thirty days after the
performance of the marriage. (75a)
Art. 31. A marriage in articulo mortis between passengers or crew members may also be solemnized by a ship captain or by an airplane pilot not
only while the ship is at sea or the plane is in flight, but also during stopovers at ports of call. (74a)
Art. 32. A military commander of a unit, who is a commissioned officer, shall likewise have authority to solemnize marriages in articulo mortis
between persons within the zone of military operation, whether members of the armed forces or civilians. (74a)
Art. 33. Marriages among Muslims or among members of the ethnic cultural communities may be performed validly without the necessity of
marriage license, provided they are solemnized in accordance with their customs, rites or practices. (78a)
Art. 34. No license shall be necessary for the marriage of a man and a woman who have lived together as husband and wife for at least five years
and without any legal impediment to marry each other. The contracting parties shall state the foregoing facts in an affidavit before any person
authorized by law to administer oaths. The solemnizing officer shall also state under oath that he ascertained the qualifications of the contracting
parties are found no legal impediment to the marriage. (76a)
Chapter 3.
Void and Voidable Marriages
Art. 35. The following marriages shall be void from the beginning:
(1) Those contracted by any party below eighteen years of age even with the consent of parents or guardians;
(2) Those solemnized by any person not legally authorized to perform marriages unless such marriages were contracted with either or both parties
believing in good faith that the solemnizing officer had the legal authority to do so;
(3) Those solemnized without license, except those covered the preceding Chapter;
(4) Those bigamous or polygamous marriages not failing under Article 41;
(5) Those contracted through mistake of one contracting party as to the identity of the other; and
(6) Those subsequent marriages that are void under Article 53.
Art. 36. A marriage contracted by any party who, at the time of the celebration, was psychologically incapacitated to comply with the essential
marital obligations of marriage, shall likewise be void even if such incapacity becomes manifest only after its solemnization. (As amended by
Executive Order 227)
Art. 37. Marriages between the following are incestuous and void from the beginning, whether relationship between the parties be legitimate or
illegitimate:
(1) Between ascendants and descendants of any degree; and
(2) Between brothers and sisters, whether of the full or half blood. (81a)
Art. 38. The following marriages shall be void from the beginning for reasons of public policy:
(1) Between collateral blood relatives whether legitimate or illegitimate, up to the fourth civil degree;
216 | M a r t i n e z
(2) Between step-parents and step-children;
(3) Between parents-in-law and children-in-law;
(4) Between the adopting parent and the adopted child;
(5) Between the surviving spouse of the adopting parent and the adopted child;
(6) Between the surviving spouse of the adopted child and the adopter;
(7) Between an adopted child and a legitimate child of the adopter;
(8) Between adopted children of the same adopter; and
(9) Between parties where one, with the intention to marry the other, killed that other person's spouse, or his or her own spouse. (82)
Art. 39. The action or defense for the declaration of absolute nullity of a marriage shall not prescribe. (As amended by Executive Order 227 and
Republic Act No. 8533; The phrase "However, in case of marriage celebrated before the effectivity of this Code and falling under Article 36, such
action or defense shall prescribe in ten years after this Code shall taken effect" has been deleted by Republic Act No. 8533 [Approved February 23,
1998]).
Art. 40. The absolute nullity of a previous marriage may be invoked for purposes of remarriage on the basis solely of a final judgment declaring
such previous marriage void. (n)
Art. 41. A marriage contracted by any person during subsistence of a previous marriage shall be null and void, unless before the celebration of the
subsequent marriage, the prior spouse had been absent for four consecutive years and the spouse present has a well-founded belief that the
absent spouse was already dead. In case of disappearance where there is danger of death under the circumstances set forth in the provisions of
Article 391 of the Civil Code, an absence of only two years shall be sufficient.
For the purpose of contracting the subsequent marriage under the preceding paragraph the spouse present must institute a summary proceeding
as provided in this Code for the declaration of presumptive death of the absentee, without prejudice to the effect of reappearance of the absent
spouse. (83a)
Art. 42. The subsequent marriage referred to in the preceding Article shall be automatically terminated by the recording of the affidavit of
reappearance of the absent spouse, unless there is a judgment annulling the previous marriage or declaring it void ab initio.
A sworn statement of the fact and circumstances of reappearance shall be recorded in the civil registry of the residence of the parties to the
subsequent marriage at the instance of any interested person, with due notice to the spouses of the subsequent marriage and without prejudice to
the fact of reappearance being judicially determined in case such fact is disputed. (n)
Art. 43. The termination of the subsequent marriage referred to in the preceding Article shall produce the following effects:
(1) The children of the subsequent marriage conceived prior to its termination shall be considered legitimate;
(2) The absolute community of property or the conjugal partnership, as the case may be, shall be dissolved and liquidated, but if either spouse
contracted said marriage in bad faith, his or her share of the net profits of the community property or conjugal partnership property shall be forfeited
in favor of the common children or, if there are none, the children of the guilty spouse by a previous marriage or in default of children, the innocent
spouse;
(3) Donations by reason of marriage shall remain valid, except that if the donee contracted the marriage in bad faith, such donations made to said
donee are revoked by operation of law;
(4) The innocent spouse may revoke the designation of the other spouse who acted in bad faith as beneficiary in any insurance policy, even if such
designation be stipulated as irrevocable; and
(5) The spouse who contracted the subsequent marriage in bad faith shall be disqualified to inherit from the innocent spouse by testate and
intestate succession. (n)
Art. 44. If both spouses of the subsequent marriage acted in bad faith, said marriage shall be void ab initio and all donations by reason of marriage
and testamentary dispositions made by one in favor of the other are revoked by operation of law. (n)
Art. 45. A marriage may be annulled for any of the following causes, existing at the time of the marriage:
217 | M a r t i n e z
(1) That the party in whose behalf it is sought to have the marriage annulled was eighteen years of age or over but below twenty-one, and the
marriage was solemnized without the consent of the parents, guardian or person having substitute parental authority over the party, in that order,
unless after attaining the age of twenty-one, such party freely cohabited with the other and both lived together as husband and wife;
(2) That either party was of unsound mind, unless such party after coming to reason, freely cohabited with the other as husband and wife;
(3) That the consent of either party was obtained by fraud, unless such party afterwards, with full knowledge of the facts constituting the fraud,
freely cohabited with the other as husband and wife;
(4) That the consent of either party was obtained by force, intimidation or undue influence, unless the same having disappeared or ceased, such
party thereafter freely cohabited with the other as husband and wife;
(5) That either party was physically incapable of consummating the marriage with the other, and such incapacity continues and appears to be
incurable; or
(6) That either party was afflicted with a sexually-transmissible disease found to be serious and appears to be incurable. (85a)
Art. 46. Any of the following circumstances shall constitute fraud referred to in Number 3 of the preceding Article:
(1) Non-disclosure of a previous conviction by final judgment of the other party of a crime involving moral turpitude;
(2) Concealment by the wife of the fact that at the time of the marriage, she was pregnant by a man other than her husband;
(3) Concealment of sexually transmissible disease, regardless of its nature, existing at the time of the marriage; or
(4) Concealment of drug addiction, habitual alcoholism or homosexuality or lesbianism existing at the time of the marriage.
No other misrepresentation or deceit as to character, health, rank, fortune or chastity shall constitute such fraud as will give grounds for action for
the annulment of marriage. (86a)
Art. 47. The action for annulment of marriage must be filed by the following persons and within the periods indicated herein:
(1) For causes mentioned in number 1 of Article 45 by the party whose parent or guardian did not give his or her consent, within five years after
attaining the age of twenty-one, or by the parent or guardian or person having legal charge of the minor, at any time before such party has reached
the age of twenty-one;
(2) For causes mentioned in number 2 of Article 45, by the same spouse, who had no knowledge of the other's insanity; or by any relative or
guardian or person having legal charge of the insane, at any time before the death of either party, or by the insane spouse during a lucid interval or
after regaining sanity;
(3) For causes mentioned in number 3 of Article 45, by the injured party, within five years after the discovery of the fraud;
(4) For causes mentioned in number 4 of Article 45, by the injured party, within five years from the time the force, intimidation or undue influence
disappeared or ceased;
(5) For causes mentioned in number 5 and 6 of Article 45, by the injured party, within five years after the marriage. (87a)
Art. 48. In all cases of annulment or declaration of absolute nullity of marriage, the Court shall order the prosecuting attorney or fiscal assigned to it
to appear on behalf of the State to take steps to prevent collusion between the parties and to take care that evidence is not fabricated or
suppressed.
In the cases referred to in the preceding paragraph, no judgment shall be based upon a stipulation of facts or confession of judgment. (88a)
Art. 49. During the pendency of the action and in the absence of adequate provisions in a written agreement between the spouses, the Court shall
provide for the support of the spouses and the custody and support of their common children. The Court shall give paramount consideration to the
moral and material welfare of said children and their choice of the parent with whom they wish to remain as provided to in Title IX. It shall also
provide for appropriate visitation rights of the other parent. (n)
Art. 50. The effects provided for by paragraphs (2), (3), (4) and (5) of Article 43 and by Article 44 shall also apply in the proper cases to marriages
which are declared ab initio or annulled by final judgment under Articles 40 and 45.
The final judgment in such cases shall provide for the liquidation, partition and distribution of the properties of the spouses, the custody and support
of the common children, and the delivery of third presumptive legitimes, unless such matters had been adjudicated in previous judicial proceedings.
218 | M a r t i n e z
All creditors of the spouses as well as of the absolute community or the conjugal partnership shall be notified of the proceedings for liquidation.
In the partition, the conjugal dwelling and the lot on which it is situated, shall be adjudicated in accordance with the provisions of Articles 102 and
129.
Art. 51. In said partition, the value of the presumptive legitimes of all common children, computed as of the date of the final judgment of the trial
court, shall be delivered in cash, property or sound securities, unless the parties, by mutual agreement judicially approved, had already provided for
such matters.
The children or their guardian or the trustee of their property may ask for the enforcement of the judgment.
The delivery of the presumptive legitimes herein prescribed shall in no way prejudice the ultimate successional rights of the children accruing upon
the death of either of both of the parents; but the value of the properties already received under the decree of annulment or absolute nullity shall be
considered as advances on their legitime. (n)
Art. 52. The judgment of annulment or of absolute nullity of the marriage, the partition and distribution of the properties of the spouses and the
delivery of the children's presumptive legitimes shall be recorded in the appropriate civil registry and registries of property; otherwise, the same
shall not affect third persons. (n)
Art. 53. Either of the former spouses may marry again after compliance with the requirements of the immediately preceding Article; otherwise, the
subsequent marriage shall be null and void.
Art. 54. Children conceived or born before the judgment of annulment or absolute nullity of the marriage under Article 36 has become final and
executory shall be considered legitimate. Children conceived or born of the subsequent marriage under Article 53 shall likewise be legitimate.
TITLE II
LEGAL SEPARATION
Art. 55. A petition for legal separation may be filed on any of the following grounds:
(1) Repeated physical violence or grossly abusive conduct directed against the petitioner, a common child, or a child of the petitioner;
(2) Physical violence or moral pressure to compel the petitioner to change religious or political affiliation;
(3) Attempt of respondent to corrupt or induce the petitioner, a common child, or a child of the petitioner, to engage in prostitution, or connivance in
such corruption or inducement;
(4) Final judgment sentencing the respondent to imprisonment of more than six years, even if pardoned;
(5) Drug addiction or habitual alcoholism of the respondent;
(6) Lesbianism or homosexuality of the respondent;
(7) Contracting by the respondent of a subsequent bigamous marriage, whether in the Philippines or abroad;
(8) Sexual infidelity or perversion;
(9) Attempt by the respondent against the life of the petitioner; or
(10) Abandonment of petitioner by respondent without justifiable cause for more than one year.
For purposes of this Article, the term "child" shall include a child by nature or by adoption. (9a)
Art. 56. The petition for legal separation shall be denied on any of the following grounds:
(1) Where the aggrieved party has condoned the offense or act complained of;
(2) Where the aggrieved party has consented to the commission of the offense or act complained of;
219 | M a r t i n e z
(3) Where there is connivance between the parties in the commission of the offense or act constituting the ground for legal separation;
(4) Where both parties have given ground for legal separation;
(5) Where there is collusion between the parties to obtain decree of legal separation; or
(6) Where the action is barred by prescription. (100a)
Art. 57. An action for legal separation shall be filed within five years from the time of the occurrence of the cause. (102)
Art. 58. An action for legal separation shall in no case be tried before six months shall have elapsed since the filing of the petition. (103)
Art. 59. No legal separation may be decreed unless the Court has taken steps toward the reconciliation of the spouses and is fully satisfied, despite
such efforts, that reconciliation is highly improbable. (n)
Art. 60. No decree of legal separation shall be based upon a stipulation of facts or a confession of judgment.
In any case, the Court shall order the prosecuting attorney or fiscal assigned to it to take steps to prevent collusion between the parties and to take
care that the evidence is not fabricated or suppressed. (101a)
Art. 61. After the filing of the petition for legal separation, the spouses shall be entitled to live separately from each other.
The court, in the absence of a written agreement between the spouses, shall designate either of them or a third person to administer the absolute
community or conjugal partnership property. The administrator appointed by the court shall have the same powers and duties as those of a
guardian under the Rules of Court. (104a)
Art. 62. During the pendency of the action for legal separation, the provisions of Article 49 shall likewise apply to the support of the spouses and the
custody and support of the common children. (105a)
Art. 63. The decree of legal separation shall have the following effects:
(1) The spouses shall be entitled to live separately from each other, but the marriage bonds shall not be severed;
(2) The absolute community or the conjugal partnership shall be dissolved and liquidated but the offending spouse shall have no right to any share
of the net profits earned by the absolute community or the conjugal partnership, which shall be forfeited in accordance with the provisions of Article
43(2);
(3) The custody of the minor children shall be awarded to the innocent spouse, subject to the provisions of Article 213 of this Code; and
(4) The offending spouse shall be disqualified from inheriting from the innocent spouse by intestate succession. Moreover, provisions in favor of the
offending spouse made in the will of the innocent spouse shall be revoked by operation of law. (106a)
Art. 64. After the finality of the decree of legal separation, the innocent spouse may revoke the donations made by him or by her in favor of the
offending spouse, as well as the designation of the latter as beneficiary in any insurance policy, even if such designation be stipulated as
irrevocable. The revocation of the donations shall be recorded in the registries of property in the places where the properties are located.
Alienations, liens and encumbrances registered in good faith before the recording of the complaint for revocation in the registries of property shall
be respected. The revocation of or change in the designation of the insurance beneficiary shall take effect upon written notification thereof to the
insured.
The action to revoke the donation under this Article must be brought within five years from the time the decree of legal separation become final.
(107a)
Art. 65. If the spouses should reconcile, a corresponding joint manifestation under oath duly signed by them shall be filed with the court in the same
proceeding for legal separation. (n)
Art. 66. The reconciliation referred to in the preceding Articles shall have the following consequences:
(1) The legal separation proceedings, if still pending, shall thereby be terminated at whatever stage; and
(2) The final decree of legal separation shall be set aside, but the separation of property and any forfeiture of the share of the guilty spouse already
effected shall subsist, unless the spouses agree to revive their former property regime.
The court's order containing the foregoing shall be recorded in the proper civil registries. (108a)
220 | M a r t i n e z
Art. 67. The agreement to revive the former property regime referred to in the preceding Article shall be executed under oath and shall specify:
(1) The properties to be contributed anew to the restored regime;
(2) Those to be retained as separated properties of each spouse; and
(3) The names of all their known creditors, their addresses and the amounts owing to each.
The agreement of revival and the motion for its approval shall be filed with the court in the same proceeding for legal separation, with copies of both
furnished to the creditors named therein. After due hearing, the court shall, in its order, take measure to protect the interest of creditors and such
order shall be recorded in the proper registries of properties.
The recording of the ordering in the registries of property shall not prejudice any creditor not listed or not notified, unless the debtor-spouse has
sufficient separate properties to satisfy the creditor's claim. (195a, 108a)
TITLE III
RIGHTS AND OBLIGATIONS BETWEEN HUSBAND AND WIFE
Art. 68. The husband and wife are obliged to live together, observe mutual love, respect and fidelity, and render mutual help and support. (109a)
Art. 69. The husband and wife shall fix the family domicile. In case of disagreement, the court shall decide.
The court may exempt one spouse from living with the other if the latter should live abroad or there are other valid and compelling reasons for the
exemption. However, such exemption shall not apply if the same is not compatible with the solidarity of the family. (110a)
Art. 70. The spouses are jointly responsible for the support of the family. The expenses for such support and other conjugal obligations shall be
paid from the community property and, in the absence thereof, from the income or fruits of their separate properties. In case of insufficiency or
absence of said income or fruits, such obligations shall be satisfied from the separate properties. (111a)
Art. 71. The management of the household shall be the right and the duty of both spouses. The expenses for such management shall be paid in
accordance with the provisions of Article 70. (115a)
Art. 72. When one of the spouses neglects his or her duties to the conjugal union or commits acts which tend to bring danger, dishonor or injury to
the other or to the family, the aggrieved party may apply to the court for relief. (116a)
Art. 73. Either spouse may exercise any legitimate profession, occupation, business or activity without the consent of the other. The latter may
object only on valid, serious, and moral grounds.
In case of disagreement, the court shall decide whether or not:
(1) The objection is proper; and
(2) Benefit has occurred to the family prior to the objection or thereafter. If the benefit accrued prior to the objection, the resulting obligation shall be
enforced against the separate property of the spouse who has not obtained consent.
The foregoing provisions shall not prejudice the rights of creditors who acted in good faith. (117a)
TITLE IV
PROPERTY RELATIONS BETWEEN HUSBAND AND WIFE
Chapter 1.
221 | M a r t i n e z
General Provisions
Art. 74. The property relationship between husband and wife shall be governed in the following order:
(1) By marriage settlements executed before the marriage;
(2) By the provisions of this Code; and
(3) By the local custom. (118)
Art. 75. The future spouses may, in the marriage settlements, agree upon the regime of absolute community, conjugal partnership of gains,
complete separation of property, or any other regime. In the absence of a marriage settlement, or when the regime agreed upon is void, the system
of absolute community of property as established in this Code shall govern. (119a)
Art. 76. In order that any modification in the marriage settlements may be valid, it must be made before the celebration of the marriage, subject to
the provisions of Articles 66, 67, 128, 135 and 136. (121)
Art. 77. The marriage settlements and any modification thereof shall be in writing, signed by the parties and executed before the celebration of the
marriage. They shall not prejudice third persons unless they are registered in the local civil registry where the marriage contract is recorded as well
as in the proper registries of properties. (122a)
Art. 78. A minor who according to law may contract marriage may also execute his or her marriage settlements, but they shall be valid only if the
persons designated in Article 14 to give consent to the marriage are made parties to the agreement, subject to the provisions of Title IX of this
Code. (120a)
Art. 79. For the validity of any marriage settlement executed by a person upon whom a sentence of civil interdiction has been pronounced or who is
subject to any other disability, it shall be indispensable for the guardian appointed by a competent court to be made a party thereto. (123a)
Art. 80. In the absence of a contrary stipulation in a marriage settlement, the property relations of the spouses shall be governed by Philippine laws,
regardless of the place of the celebration of the marriage and their residence.
This rule shall not apply:
(1) Where both spouses are aliens;
(2) With respect to the extrinsic validity of contracts affecting property not situated in the Philippines and executed in the country where the property
is located; and
(3) With respect to the extrinsic validity of contracts entered into in the Philippines but affecting property situated in a foreign country whose laws
require different formalities for its extrinsic validity. (124a)
Art. 81. Everything stipulated in the settlements or contracts referred to in the preceding articles in consideration of a future marriage, including
donations between the prospective spouses made therein, shall be rendered void if the marriage does not take place. However, stipulations that do
not depend upon the celebration of the marriages shall be valid. (125a)
Chapter 2.
Donations by Reason of Marriage
Art. 82. Donations by reason of marriage are those which are made before its celebration, in consideration of the same, and in favor of one or both
of the future spouses. (126)
Art. 83. These donations are governed by the rules on ordinary donations established in Title III of Book III of the Civil Code, insofar as they are not
modified by the following articles. (127a)
Art. 84. If the future spouses agree upon a regime other than the absolute community of property, they cannot donate to each other in their
marriage settlements more than one-fifth of their present property. Any excess shall be considered void.
222 | M a r t i n e z
Donations of future property shall be governed by the provisions on testamentary succession and the formalities of wills. (130a)
Art. 85. Donations by reason of marriage of property subject to encumbrances shall be valid. In case of foreclosure of the encumbrance and the
property is sold for less than the total amount of the obligation secured, the donee shall not be liable for the deficiency. If the property is sold for
more than the total amount of said obligation, the donee shall be entitled to the excess. (131a)
Art. 86. A donation by reason of marriage may be revoked by the donor in the following cases:
(1) If the marriage is not celebrated or judicially declared void ab initio except donations made in the marriage settlements, which shall be governed
by Article 81;
(2) When the marriage takes place without the consent of the parents or guardian, as required by law;
(3) When the marriage is annulled, and the donee acted in bad faith;
(4) Upon legal separation, the donee being the guilty spouse;
(5) If it is with a resolutory condition and the condition is complied with;
(6) When the donee has committed an act of ingratitude as specified by the provisions of the Civil Code on donations in general. (132a)
Art. 87. Every donation or grant of gratuitous advantage, direct or indirect, between the spouses during the marriage shall be void, except moderate
gifts which the spouses may give each other on the occasion of any family rejoicing. The prohibition shall also apply to persons living together as
husband and wife without a valid marriage. (133a)
Chapter 3.
System of Absolute Community
Section 1. General Provisions
Art. 88. The absolute community of property between spouses shall commence at the precise moment that the marriage is celebrated. Any
stipulation, express or implied, for the commencement of the community regime at any other time shall be void. (145a)
Art. 89. No waiver of rights, shares and effects of the absolute community of property during the marriage can be made except in case of judicial
separation of property.
When the waiver takes place upon a judicial separation of property, or after the marriage has been dissolved or annulled, the same shall appear in
a public instrument and shall be recorded as provided in Article 77. The creditors of the spouse who made such waiver may petition the court to
rescind the waiver to the extent of the amount sufficient to cover the amount of their credits. (146a)
Art. 90. The provisions on co-ownership shall apply to the absolute community of property between the spouses in all matters not provided for in
this Chapter. (n)
Section 2. What Constitutes Community Property
Art. 91. Unless otherwise provided in this Chapter or in the marriage settlements, the community property shall consist of all the property owned by
the spouses at the time of the celebration of the marriage or acquired thereafter. (197a)
Art. 92. The following shall be excluded from the community property:
(1) Property acquired during the marriage by gratuitous title by either spouse, and the fruits as well as the income thereof, if any, unless it is
expressly provided by the donor, testator or grantor that they shall form part of the community property;
(2) Property for personal and exclusive use of either spouse. However, jewelry shall form part of the community property;
223 | M a r t i n e z
(3) Property acquired before the marriage by either spouse who has legitimate descendants by a former marriage, and the fruits as well as the
income, if any, of such property. (201a)
Art. 93. Property acquired during the marriage is presumed to belong to the community, unless it is proved that it is one of those excluded
therefrom. (160)
Section 3. Charges and Obligations of the Absolute Community
Art. 94. The absolute community of property shall be liable for:
(1) The support of the spouses, their common children, and legitimate children of either spouse; however, the support of illegitimate children shall
be governed by the provisions of this Code on Support;
(2) All debts and obligations contracted during the marriage by the designated administrator-spouse for the benefit of the community, or by both
spouses, or by one spouse with the consent of the other;
(3) Debts and obligations contracted by either spouse without the consent of the other to the extent that the family may have been benefited;
(4) All taxes, liens, charges and expenses, including major or minor repairs, upon the community property;
(5) All taxes and expenses for mere preservation made during marriage upon the separate property of either spouse used by the family;
(6) Expenses to enable either spouse to commence or complete a professional or vocational course, or other activity for self-improvement;
(7) Ante-nuptial debts of either spouse insofar as they have redounded to the benefit of the family;
(8) The value of what is donated or promised by both spouses in favor of their common legitimate children for the exclusive purpose of commencing
or completing a professional or vocational course or other activity for self-improvement;
(9) Ante-nuptial debts of either spouse other than those falling under paragraph (7) of this Article, the support of illegitimate children of either
spouse, and liabilities incurred by either spouse by reason of a crime or a quasi-delict, in case of absence or insufficiency of the exclusive property
of the debtor-spouse, the payment of which shall be considered as advances to be deducted from the share of the debtor-spouse upon liquidation
of the community; and
(10) Expenses of litigation between the spouses unless the suit is found to be groundless.
If the community property is insufficient to cover the foregoing liabilities, except those falling under paragraph (9), the spouses shall be solidarily
liable for the unpaid balance with their separate properties. (161a, 162a, 163a, 202a-205a)
Art. 95. Whatever may be lost during the marriage in any game of chance, betting, sweepstakes, or any other kind of gambling, whether permitted
or prohibited by law, shall be borne by the loser and shall not be charged to the community but any winnings therefrom shall form part of the
community property. (164a)
Section 4. Ownership, Administrative, Enjoyment and Disposition of the Community Property
Art. 96. The administration and enjoyment of the community property shall belong to both spouses jointly. In case of disagreement, the husband's
decision shall prevail, subject to recourse to the court by the wife for proper remedy, which must be availed of within five years from the date of the
contract implementing such decision.
In the event that one spouse is incapacitated or otherwise unable to participate in the administration of the common properties, the other spouse
may assume sole powers of administration. These powers do not include disposition or encumbrance without authority of the court or the written
consent of the other spouse. In the absence of such authority or consent, the disposition or encumbrance shall be void. However, the transaction
shall be construed as a continuing offer on the part of the consenting spouse and the third person, and may be perfected as a binding contract
upon the acceptance by the other spouse or authorization by the court before the offer is withdrawn by either or both offerors. (206a)
Art. 97. Either spouse may dispose by will of his or her interest in the community property. (n)
Art. 98. Neither spouse may donate any community property without the consent of the other. However, either spouse may, without the consent of
the other, make moderate donations from the community property for charity or on occasions of family rejoicing or family distress. (n)
Section 5. Dissolution of Absolute Community Regime
Art. 99. The absolute community terminates:

224 | M a r t i n e z
(3) When the marriage is annulled or declared void; or
(4) In case of judicial separation of property during the marriage under Articles 134 to 138. (175a)
Art. 100. The separation in fact between husband and wife shall not affect the regime of absolute community except that:
(1) The spouse who leaves the conjugal home or refuses to live therein, without just cause, shall not have the right to be supported;
(2) When the consent of one spouse to any transaction of the other is required by law, judicial authorization shall be obtained in a summary
proceeding;
(3) In the absence of sufficient community property, the separate property of both spouses shall be solidarily liable for the support of the family. The
spouse present shall, upon proper petition in a summary proceeding, be given judicial authority to administer or encumber any specific separate
property of the other spouse and use the fruits or proceeds thereof to satisfy the latter's share. (178a)
Art. 101. If a spouse without just cause abandons the other or fails to comply with his or her obligations to the family, the aggrieved spouse may
petition the court for receivership, for judicial separation of property or for authority to be the sole administrator of the absolute community, subject
to such precautionary conditions as the court may impose.
The obligations to the family mentioned in the preceding paragraph refer to marital, parental or property relations.
A spouse is deemed to have abandoned the other when her or she has left the conjugal dwelling without intention of returning. The spouse who
has left the conjugal dwelling for a period of three months or has failed within the same period to give any information as to his or her whereabouts
shall be prima facie presumed to have no intention of returning to the conjugal dwelling. (178a)
Section 6. Liquidation of the Absolute Community Assets and Liabilities
Art. 102. Upon dissolution of the absolute community regime, the following procedure shall apply:
(1) An inventory shall be prepared, listing separately all the properties of the absolute community and the exclusive properties of each spouse.
(2) The debts and obligations of the absolute community shall be paid out of its assets. In case of insufficiency of said assets, the spouses shall be
solidarily liable for the unpaid balance with their separate properties in accordance with the provisions of the second paragraph of Article 94.
(3) Whatever remains of the exclusive properties of the spouses shall thereafter be delivered to each of them.
(4) The net remainder of the properties of the absolute community shall constitute its net assets, which shall be divided equally between husband
and wife, unless a different proportion or division was agreed upon in the marriage settlements, or unless there has been a voluntary waiver of such
share provided in this Code. For purpose of computing the net profits subject to forfeiture in accordance with Articles 43, No. (2) and 63, No. (2),
the said profits shall be the increase in value between the market value of the community property at the time of the celebration of the marriage and
the market value at the time of its dissolution.
(5) The presumptive legitimes of the common children shall be delivered upon partition, in accordance with Article 51.
(6) Unless otherwise agreed upon by the parties, in the partition of the properties, the conjugal dwelling and the lot on which it is situated shall be
adjudicated to the spouse with whom the majority of the common children choose to remain. Children below the age of seven years are deemed to
have chosen the mother, unless the court has decided otherwise. In case there in no such majority, the court shall decide, taking into consideration
the best interests of said children. (n)
Art. 103. Upon the termination of the marriage by death, the community property shall be liquidated in the same proceeding for the settlement of the
estate of the deceased.
If no judicial settlement proceeding is instituted, the surviving spouse shall liquidate the community property either judicially or extra-judicially within
six months from the death of the deceased spouse. If upon the lapse of the six months period, no liquidation is made, any disposition or
encumbrance involving the community property of the terminated marriage shall be void.
Should the surviving spouse contract a subsequent marriage without compliance with the foregoing requirements, a mandatory regime of complete
separation of property shall govern the property relations of the subsequent marriage. (n)
225 | M a r t i n e z
Art. 104. Whenever the liquidation of the community properties of two or more marriages contracted by the same person before the effectivity of
this Code is carried out simultaneously, the respective capital, fruits and income of each community shall be determined upon such proof as may
be considered according to the rules of evidence. In case of doubt as to which community the existing properties belong, the same shall be divided
between the different communities in proportion to the capital and duration of each. (189a)
Chapter 4.
Conjugal Partnership of Gains
Section 1. General Provisions
Art. 105. In case the future spouses agree in the marriage settlements that the regime of conjugal partnership gains shall govern their property
relations during marriage, the provisions in this Chapter shall be of supplementary application.
The provisions of this Chapter shall also apply to conjugal partnerships of gains already established between spouses before the effectivity of this
Code, without prejudice to vested rights already acquired in accordance with the Civil Code or other laws, as provided in Article 256. (n)
Art. 106. Under the regime of conjugal partnership of gains, the husband and wife place in a common fund the proceeds, products, fruits and
income from their separate properties and those acquired by either or both spouses through their efforts or by chance, and, upon dissolution of the
marriage or of the partnership, the net gains or benefits obtained by either or both spouses shall be divided equally between them, unless otherwise
agreed in the marriage settlements. (142a)
Art. 107. The rules provided in Articles 88 and 89 shall also apply to conjugal partnership of gains. (n)
Art. 108. The conjugal partnership shall be governed by the rules on the contract of partnership in all that is not in conflict with what is expressly
determined in this Chapter or by the spouses in their marriage settlements. (147a)
Section 2. Exclusive Property of Each Spouse
Art. 109. The following shall be the exclusive property of each spouse:
(1) That which is brought to the marriage as his or her own;
(2) That which each acquires during the marriage by gratuitous title;
(3) That which is acquired by right of redemption, by barter or by exchange with property belonging to only one of the spouses; and
(4) That which is purchased with exclusive money of the wife or of the husband. (148a)
Art. 110. The spouses retain the ownership, possession, administration and enjoyment of their exclusive properties.
Either spouse may, during the marriage, transfer the administration of his or her exclusive property to the other by means of a public instrument,
which shall be recorded in the registry of property of the place the property is located. (137a, 168a, 169a)
Art. 111. A spouse of age may mortgage, encumber, alienate or otherwise dispose of his or her exclusive property, without the consent of the other
spouse, and appear alone in court to litigate with regard to the same. (n)
Art. 112. The alienation of any exclusive property of a spouse administered by the other automatically terminates the administration over such
property and the proceeds of the alienation shall be turned over to the owner-spouse. (n)
Art. 113. Property donated or left by will to the spouses, jointly and with designation of determinate shares, shall pertain to the donee-spouses as
his or her own exclusive property, and in the absence of designation, share and share alike, without prejudice to the right of accretion when proper.
(150a)
Art. 114. If the donations are onerous, the amount of the charges shall be borne by the exclusive property of the donee spouse, whenever they
have been advanced by the conjugal partnership of gains. (151a)
226 | M a r t i n e z
Art. 115. Retirement benefits, pensions, annuities, gratuities, usufructs and similar benefits shall be governed by the rules on gratuitous or onerous
acquisitions as may be proper in each case. (n)
Section 3. Conjugal Partnership Property
Art. 116. All property acquired during the marriage, whether the acquisition appears to have been made, contracted or registered in the name of
one or both spouses, is presumed to be conjugal unless the contrary is proved. (160a)
Art. 117. The following are conjugal partnership properties:
(1) Those acquired by onerous title during the marriage at the expense of the common fund, whether the acquisition be for the partnership, or for
only one of the spouses;
(2) Those obtained from the labor, industry, work or profession of either or both of the spouses;
(3) The fruits, natural, industrial, or civil, due or received during the marriage from the common property, as well as the net fruits from the exclusive
property of each spouse;
(4) The share of either spouse in the hidden treasure which the law awards to the finder or owner of the property where the treasure is found;
(5) Those acquired through occupation such as fishing or hunting;
(6) Livestock existing upon the dissolution of the partnership in excess of the number of each kind brought to the marriage by either spouse; and
(7) Those which are acquired by chance, such as winnings from gambling or betting. However, losses therefrom shall be borne exclusively by the
loser-spouse. (153a, 154a, 155, 159)
Art. 118. Property bought on installments paid partly from exclusive funds of either or both spouses and partly from conjugal funds belongs to the
buyer or buyers if full ownership was vested before the marriage and to the conjugal partnership if such ownership was vested during the marriage.
In either case, any amount advanced by the partnership or by either or both spouses shall be reimbursed by the owner or owners upon liquidation
of the partnership. (n)
Art. 119. Whenever an amount or credit payable within a period of time belongs to one of the spouses, the sums which may be collected during the
marriage in partial payments or by installments on the principal shall be the exclusive property of the spouse. However, interests falling due during
the marriage on the principal shall belong to the conjugal partnership. (156a, 157a)
Art. 120. The ownership of improvements, whether for utility or adornment, made on the separate property of the spouses at the expense of the
partnership or through the acts or efforts of either or both spouses shall pertain to the conjugal partnership, or to the original owner-spouse, subject
to the following rules:
When the cost of the improvement made by the conjugal partnership and any resulting increase in value are more than the value of the property at
the time of the improvement, the entire property of one of the spouses shall belong to the conjugal partnership, subject to reimbursement of the
value of the property of the owner-spouse at the time of the improvement; otherwise, said property shall be retained in ownership by the owner-
spouse, likewise subject to reimbursement of the cost of the improvement.
In either case, the ownership of the entire property shall be vested upon the reimbursement, which shall be made at the time of the liquidation of
the conjugal partnership. (158a)
Section 4. Charges Upon and Obligations of the Conjugal Partnership
Art. 121. The conjugal partnership shall be liable for:
(1) The support of the spouse, their common children, and the legitimate children of either spouse; however, the support of illegitimate children
shall be governed by the provisions of this Code on Support;
(2) All debts and obligations contracted during the marriage by the designated administrator-spouse for the benefit of the conjugal partnership of
gains, or by both spouses or by one of them with the consent of the other;
(3) Debts and obligations contracted by either spouse without the consent of the other to the extent that the family may have benefited;
(4) All taxes, liens, charges, and expenses, including major or minor repairs upon the conjugal partnership property;
(5) All taxes and expenses for mere preservation made during the marriage upon the separate property of either spouse;
227 | M a r t i n e z
(6) Expenses to enable either spouse to commence or complete a professional, vocational, or other activity for self-improvement;
(7) Ante-nuptial debts of either spouse insofar as they have redounded to the benefit of the family;
(8) The value of what is donated or promised by both spouses in favor of their common legitimate children for the exclusive purpose of commencing
or completing a professional or vocational course or other activity for self-improvement; and
(9) Expenses of litigation between the spouses unless the suit is found to groundless.
If the conjugal partnership is insufficient to cover the foregoing liabilities, the spouses shall be solidarily liable for the unpaid balance with their
separate properties. (161a)
Art. 122. The payment of personal debts contracted by the husband or the wife before or during the marriage shall not be charged to the conjugal
properties partnership except insofar as they redounded to the benefit of the family.
Neither shall the fines and pecuniary indemnities imposed upon them be charged to the partnership.
However, the payment of personal debts contracted by either spouse before the marriage, that of fines and indemnities imposed upon them, as well
as the support of illegitimate children of either spouse, may be enforced against the partnership assets after the responsibilities enumerated in the
preceding Article have been covered, if the spouse who is bound should have no exclusive property or if it should be insufficient; but at the time of
the liquidation of the partnership, such spouse shall be charged for what has been paid for the purpose above-mentioned. (163a)
Art. 123. Whatever may be lost during the marriage in any game of chance or in betting, sweepstakes, or any other kind of gambling whether
permitted or prohibited by law, shall be borne by the loser and shall not be charged to the conjugal partnership but any winnings therefrom shall
form part of the conjugal partnership property. (164a)
Section 5. Administration of the Conjugal Partnership Property
Art. 124. The administration and enjoyment of the conjugal partnership shall belong to both spouses jointly. In case of disagreement, the husband's
decision shall prevail, subject to recourse to the court by the wife for proper remedy, which must be availed of within five years from the date of the
contract implementing such decision.
In the event that one spouse is incapacitated or otherwise unable to participate in the administration of the conjugal properties, the other spouse
may assume sole powers of administration. These powers do not include disposition or encumbrance without authority of the court or the written
consent of the other spouse. In the absence of such authority or consent, the disposition or encumbrance shall be void. However, the transaction
shall be construed as a continuing offer on the part of the consenting spouse and the third person, and may be perfected as a binding contract
upon the acceptance by the other spouse or authorization by the court before the offer is withdrawn by either or both offerors. (165a)
Art. 125. Neither spouse may donate any conjugal partnership property without the consent of the other. However, either spouse may, without the
consent of the other, make moderate donations from the conjugal partnership property for charity or on occasions of family rejoicing or family
distress. (174a)
Section 6. Dissolution of Conjugal Partnership Regime
Art. 126. The conjugal partnership terminates:
(3) When the marriage is annulled or declared void; or
(4) In case of judicial separation of property during the marriage under Articles 134 to 138. (175a)
Art. 127. The separation in fact between husband and wife shall not affect the regime of conjugal partnership, except that:
(1) The spouse who leaves the conjugal home or refuses to live therein, without just cause, shall not have the right to be supported;
(2) When the consent of one spouse to any transaction of the other is required by law, judicial authorization shall be obtained in a summary
proceeding;
228 | M a r t i n e z
(3) In the absence of sufficient conjugal partnership property, the separate property of both spouses shall be solidarily liable for the support of the
family. The spouse present shall, upon petition in a summary proceeding, be given judicial authority to administer or encumber any specific
separate property of the other spouse and use the fruits or proceeds thereof to satisfy the latter's share. (178a)
Art. 128. If a spouse without just cause abandons the other or fails to comply with his or her obligation to the family, the aggrieved spouse may
petition the court for receivership, for judicial separation of property, or for authority to be the sole administrator of the conjugal partnership property,
subject to such precautionary conditions as the court may impose.
The obligations to the family mentioned in the preceding paragraph refer to marital, parental or property relations.
A spouse is deemed to have abandoned the other when he or she has left the conjugal dwelling without intention of returning. The spouse who has
left the conjugal dwelling for a period of three months or has failed within the same period to give any information as to his or her whereabouts shall
be prima facie presumed to have no intention of returning to the conjugal dwelling. (167a, 191a)
Section 7. Liquidation of the Conjugal Partnership Assets and Liabilities
Art. 129. Upon the dissolution of the conjugal partnership regime, the following procedure shall apply:
(1) An inventory shall be prepared, listing separately all the properties of the conjugal partnership and the exclusive properties of each spouse.
(2) Amounts advanced by the conjugal partnership in payment of personal debts and obligations of either spouse shall be credited to the conjugal
partnership as an asset thereof.
(3) Each spouse shall be reimbursed for the use of his or her exclusive funds in the acquisition of property or for the value of his or her exclusive
property, the ownership of which has been vested by law in the conjugal partnership.
(4) The debts and obligations of the conjugal partnership shall be paid out of the conjugal assets. In case of insufficiency of said assets, the
spouses shall be solidarily liable for the unpaid balance with their separate properties, in accordance with the provisions of paragraph (2) of Article
121.
(5) Whatever remains of the exclusive properties of the spouses shall thereafter be delivered to each of them.
(6) Unless the owner had been indemnified from whatever source, the loss or deterioration of movables used for the benefit of the family, belonging
to either spouse, even due to fortuitous event, shall be paid to said spouse from the conjugal funds, if any.
(7) The net remainder of the conjugal partnership properties shall constitute the profits, which shall be divided equally between husband and wife,
unless a different proportion or division was agreed upon in the marriage settlements or unless there has been a voluntary waiver or forfeiture of
such share as provided in this Code.
(8) The presumptive legitimes of the common children shall be delivered upon the partition in accordance with Article 51.
(9) In the partition of the properties, the conjugal dwelling and the lot on which it is situated shall, unless otherwise agreed upon by the parties, be
adjudicated to the spouse with whom the majority of the common children choose to remain. Children below the age of seven years are deemed to
have chosen the mother, unless the court has decided otherwise. In case there is no such majority, the court shall decide, taking into consideration
the best interests of said children. (181a, 182a, 183a, 184a, 185a)
Art. 130. Upon the termination of the marriage by death, the conjugal partnership property shall be liquidated in the same proceeding for the
settlement of the estate of the deceased.
If no judicial settlement proceeding is instituted, the surviving spouse shall liquidate the conjugal partnership property either judicially or extra-
judicially within six months from the death of the deceased spouse. If upon the lapse of the six-month period no liquidation is made, any disposition
or encumbrance involving the conjugal partnership property of the terminated marriage shall be void.
Should the surviving spouse contract a subsequent marriage without compliance with the foregoing requirements, a mandatory regime of complete
separation of property shall govern the property relations of the subsequent marriage. (n)
Art. 131. Whenever the liquidation of the conjugal partnership properties of two or more marriages contracted by the same person before the
effectivity of this Code is carried out simultaneously, the respective capital, fruits and income of each partnership shall be determined upon such
proof as may be considered according to the rules of evidence. In case of doubt as to which partnership the existing properties belong, the same
shall be divided between the different partnerships in proportion to the capital and duration of each. (189a)
229 | M a r t i n e z
Art. 132. The Rules of Court on the administration of estates of deceased persons shall be observed in the appraisal and sale of property of the
conjugal partnership, and other matters which are not expressly determined in this Chapter. (187a)
Art. 133. From the common mass of property support shall be given to the surviving spouse and to the children during the liquidation of the
inventoried property and until what belongs to them is delivered; but from this shall be deducted that amount received for support which exceeds
the fruits or rents pertaining to them. (188a)
Chapter 5.
Separation of Property of the Spouses and Administration of Common Property by One Spouse During the Marriage
Art. 134. In the absence of an express declaration in the marriage settlements, the separation of property between spouses during the marriage
shall not take place except by judicial order. Such judicial separation of property may either be voluntary or for sufficient cause. (190a)
Art. 135. Any of the following shall be considered sufficient cause for judicial separation of property:
(1) That the spouse of the petitioner has been sentenced to a penalty which carries with it civil interdiction;
(2) That the spouse of the petitioner has been judicially declared an absentee;
(3) That loss of parental authority of the spouse of petitioner has been decreed by the court;
(4) That the spouse of the petitioner has abandoned the latter or failed to comply with his or her obligations to the family as provided for in Article
101;
(5) That the spouse granted the power of administration in the marriage settlements has abused that power; and
(6) That at the time of the petition, the spouses have been separated in fact for at least one year and reconciliation is highly improbable.
In the cases provided for in Numbers (1), (2) and (3), the presentation of the final judgment against the guilty or absent spouse shall be enough
basis for the grant of the decree of judicial separation of property. (191a)
Art. 136. The spouses may jointly file a verified petition with the court for the voluntary dissolution of the absolute community or the conjugal
partnership of gains, and for the separation of their common properties.
All creditors of the absolute community or of the conjugal partnership of gains, as well as the personal creditors of the spouse, shall be listed in the
petition and notified of the filing thereof. The court shall take measures to protect the creditors and other persons with pecuniary interest. (191a)
Art. 137. Once the separation of property has been decreed, the absolute community or the conjugal partnership of gains shall be liquidated in
conformity with this Code.
During the pendency of the proceedings for separation of property, the absolute community or the conjugal partnership shall pay for the support of
the spouses and their children. (192a)
Art. 138. After dissolution of the absolute community or of the conjugal partnership, the provisions on complete separation of property shall apply.
(191a)
Art. 139. The petition for separation of property and the final judgment granting the same shall be recorded in the proper local civil registries and
registries of property. (193a)
Art. 140. The separation of property shall not prejudice the rights previously acquired by creditors. (194a)
Art. 141. The spouses may, in the same proceedings where separation of property was decreed, file a motion in court for a decree reviving the
property regime that existed between them before the separation of property in any of the following instances:
(1) When the civil interdiction terminates;

230 | M a r t i n e z
(2) When the absentee spouse reappears;
(3) When the court, being satisfied that the spouse granted the power of administration in the marriage settlements will not again abuse that power,
authorizes the resumption of said administration;
(4) When the spouse who has left the conjugal home without a decree of legal separation resumes common life with the other;
(5) When parental authority is judicially restored to the spouse previously deprived thereof;
(6) When the spouses who have separated in fact for at least one year, reconcile and resume common life; or
(7) When after voluntary dissolution of the absolute community of property or conjugal partnership has been judicially decreed upon the joint
petition of the spouses, they agree to the revival of the former property regime. No voluntary separation of property may thereafter be granted.
The revival of the former property regime shall be governed by Article 67. (195a)
Art. 142. The administration of all classes of exclusive property of either spouse may be transferred by the court to the other spouse:
(1) When one spouse becomes the guardian of the other;
(2) When one spouse is judicially declared an absentee;
(3) When one spouse is sentenced to a penalty which carries with it civil interdiction; or
(4) When one spouse becomes a fugitive from justice or is in hiding as an accused in a criminal case.
If the other spouse is not qualified by reason of incompetence, conflict of interest, or any other just cause, the court shall appoint a suitable person
to be the administrator. (n)
Chapter 6.
Regime of Separation of Property
Art. 143. Should the future spouses agree in the marriage settlements that their property relations during marriage shall be governed by the regime
of separation of property, the provisions of this Chapter shall be suppletory. (212a)
Art. 144. Separation of property may refer to present or future property or both. It may be total or partial. In the latter case, the property not agreed
upon as separate shall pertain to the absolute community. (213a)
Art. 145. Each spouse shall own, dispose of, possess, administer and enjoy his or her own separate estate, without need of the consent of the
other. To each spouse shall belong all earnings from his or her profession, business or industry and all fruits, natural, industrial or civil, due or
received during the marriage from his or her separate property. (214a)
Art. 146. Both spouses shall bear the family expenses in proportion to their income, or, in case of insufficiency or default thereof, to the current
market value of their separate properties.
The liabilities of the spouses to creditors for family expenses shall, however, be solidary. (215a)
Chapter 7.
Property Regime of Unions Without Marriage

231 | M a r t i n e z
Art. 147. When a man and a woman who are capacitated to marry each other, live exclusively with each other as husband and wife without the
benefit of marriage or under a void marriage, their wages and salaries shall be owned by them in equal shares and the property acquired by both of
them through their work or industry shall be governed by the rules on co-ownership.
In the absence of proof to the contrary, properties acquired while they lived together shall be presumed to have been obtained by their joint efforts,
work or industry, and shall be owned by them in equal shares. For purposes of this Article, a party who did not participate in the acquisition by the
other party of any property shall be deemed to have contributed jointly in the acquisition thereof if the former's efforts consisted in the care and
maintenance of the family and of the household.
Neither party can encumber or dispose by acts inter vivos of his or her share in the property acquired during cohabitation and owned in common,
without the consent of the other, until after the termination of their cohabitation.
When only one of the parties to a void marriage is in good faith, the share of the party in bad faith in the co-ownership shall be forfeited in favor of
their common children. In case of default of or waiver by any or all of the common children or their descendants, each vacant share shall belong to
the respective surviving descendants. In the absence of descendants, such share shall belong to the innocent party. In all cases, the forfeiture shall
take place upon termination of the cohabitation. (144a)
Art. 148. In cases of cohabitation not falling under the preceding Article, only the properties acquired by both of the parties through their actual joint
contribution of money, property, or industry shall be owned by them in common in proportion to their respective contributions. In the absence of
proof to the contrary, their contributions and corresponding shares are presumed to be equal. The same rule and presumption shall apply to joint
deposits of money and evidences of credit.
If one of the parties is validly married to another, his or her share in the co-ownership shall accrue to the absolute community or conjugal
partnership existing in such valid marriage. If the party who acted in bad faith is not validly married to another, his or her shall be forfeited in the
manner provided in the last paragraph of the preceding Article.
The foregoing rules on forfeiture shall likewise apply even if both parties are in bad faith. (144a)
TITLE V
THE FAMILY
Chapter 1.
The Family as an Institution
Art. 149. The family, being the foundation of the nation, is a basic social institution which public policy cherishes and protects. Consequently, family
relations are governed by law and no custom, practice or agreement destructive of the family shall be recognized or given effect. (216a, 218a)
Art. 50. Family relations include those:
(1) Between husband and wife;
(2) Between parents and children;
(3) Among brothers and sisters, whether of the full or half-blood. (217a)
Art. 151. No suit between members of the same family shall prosper unless it should appear from the verified complaint or petition that earnest
efforts toward a compromise have been made, but that the same have failed. If it is shown that no such efforts were in fact made, the same case
must be dismissed.
This rules shall not apply to cases which may not be the subject of compromise under the Civil Code. (222a)
232 | M a r t i n e z
Chapter 2.
The Family Home
Art. 152. The family home, constituted jointly by the husband and the wife or by an unmarried head of a family, is the dwelling house where they
and their family reside, and the land on which it is situated. (223a)
Art. 153. The family home is deemed constituted on a house and lot from the time it is occupied as a family residence. From the time of its
constitution and so long as any of its beneficiaries actually resides therein, the family home continues to be such and is exempt from execution,
forced sale or attachment except as hereinafter provided and to the extent of the value allowed by law. (223a)
Art. 154. The beneficiaries of a family home are:
(1) The husband and wife, or an unmarried person who is the head of a family; and
(2) Their parents, ascendants, descendants, brothers and sisters, whether the relationship be legitimate or illegitimate, who are living in the family
home and who depend upon the head of the family for legal support. (226a)
Art. 155. The family home shall be exempt from execution, forced sale or attachment except:
(1) For nonpayment of taxes;
(2) For debts incurred prior to the constitution of the family home;
(3) For debts secured by mortgages on the premises before or after such constitution; and
(4) For debts due to laborers, mechanics, architects, builders, materialmen and others who have rendered service or furnished material for the
construction of the building. (243a)
Art. 156. The family home must be part of the properties of the absolute community or the conjugal partnership, or of the exclusive properties of
either spouse with the latter's consent. It may also be constituted by an unmarried head of a family on his or her own property.
Nevertheless, property that is the subject of a conditional sale on installments where ownership is reserved by the vendor only to guarantee
payment of the purchase price may be constituted as a family home. (227a, 228a)
Art. 157. The actual value of the family home shall not exceed, at the time of its constitution, the amount of the three hundred thousand pesos in
urban areas, and two hundred thousand pesos in rural areas, or such amounts as may hereafter be fixed by law.
In any event, if the value of the currency changes after the adoption of this Code, the value most favorable for the constitution of a family home
shall be the basis of evaluation.
For purposes of this Article, urban areas are deemed to include chartered cities and municipalities whose annual income at least equals that legally
required for chartered cities. All others are deemed to be rural areas. (231a)
Art. 158. The family home may be sold, alienated, donated, assigned or encumbered by the owner or owners thereof with the written consent of the
person constituting the same, the latter's spouse, and a majority of the beneficiaries of legal age. In case of conflict, the court shall decide. (235a)
Art. 159. The family home shall continue despite the death of one or both spouses or of the unmarried head of the family for a period of ten years or
for as long as there is a minor beneficiary, and the heirs cannot partition the same unless the court finds compelling reasons therefor. This rule shall
apply regardless of whoever owns the property or constituted the family home. (238a)
Art. 160. When a creditor whose claims is not among those mentioned in Article 155 obtains a judgment in his favor, and he has reasonable
grounds to believe that the family home is actually worth more than the maximum amount fixed in Article 157, he may apply to the court which
rendered the judgment for an order directing the sale of the property under execution. The court shall so order if it finds that the actual value of the
family home exceeds the maximum amount allowed by law as of the time of its constitution. If the increased actual value exceeds the maximum
allowed in Article 157 and results from subsequent voluntary improvements introduced by the person or persons constituting the family home, by
the owner or owners of the property, or by any of the beneficiaries, the same rule and procedure shall apply.
At the execution sale, no bid below the value allowed for a family home shall be considered. The proceeds shall be applied first to the amount
mentioned in Article 157, and then to the liabilities under the judgment and the costs. The excess, if any, shall be delivered to the judgment debtor.
(247a, 248a)
233 | M a r t i n e z
Art. 161. For purposes of availing of the benefits of a family home as provided for in this Chapter, a person may constitute, or be the beneficiary of,
only one family home. (n)
Art. 162. The provisions in this Chapter shall also govern existing family residences insofar as said provisions are applicable. (n)
TITLE VI
PATERNITY AND FILIATION
Chapter 1.
Legitimate Children
Art. 163. The filiation of children may be by nature or by adoption. Natural filiation may be legitimate or illegitimate. (n)
Art. 164. Children conceived or born during the marriage of the parents are legitimate.
Children conceived as a result of artificial insemination of the wife with the sperm of the husband or that of a donor or both are likewise legitimate
children of the husband and his wife, provided, that both of them authorized or ratified such insemination in a written instrument executed and
signed by them before the birth of the child. The instrument shall be recorded in the civil registry together with the birth certificate of the child. (55a,
258a)
Art. 165. Children conceived and born outside a valid marriage are illegitimate, unless otherwise provided in this Code. (n)
Art. 166. Legitimacy of a child may be impugned only on the following grounds:
(1) That it was physically impossible for the husband to have sexual intercourse with his wife within the first 120 days of the 300 days which
immediately preceded the birth of the child because of:
(a) the physical incapacity of the husband to have sexual intercourse with his wife;
(b) the fact that the husband and wife were living separately in such a way that sexual intercourse was not possible; or
(c) serious illness of the husband, which absolutely prevented sexual intercourse;
(2) That it is proved that for biological or other scientific reasons, the child could not have been that of the husband, except in the instance provided
in the second paragraph of Article 164; or
(3) That in case of children conceived through artificial insemination, the written authorization or ratification of either parent was obtained through
mistake, fraud, violence, intimidation, or undue influence. (255a)
Art. 167. The child shall be considered legitimate although the mother may have declared against its legitimacy or may have been sentenced as an
adulteress. (256a)
Art. 168. If the marriage is terminated and the mother contracted another marriage within three hundred days after such termination of the former
marriage, these rules shall govern in the absence of proof to the contrary:
(1) A child born before one hundred eighty days after the solemnization of the subsequent marriage is considered to have been conceived during
the former marriage, provided it be born within three hundred days after the termination of the former marriage;
(2) A child born after one hundred eighty days following the celebration of the subsequent marriage is considered to have been conceived during
such marriage, even though it be born within the three hundred days after the termination of the former marriage. (259a)
Art. 169. The legitimacy or illegitimacy of a child born after three hundred days following the termination of the marriage shall be proved by whoever
alleges such legitimacy or illegitimacy. (261a)
234 | M a r t i n e z
Art. 170. The action to impugn the legitimacy of the child shall be brought within one year from the knowledge of the birth or its recording in the civil
register, if the husband or, in a proper case, any of his heirs, should reside in the city or municipality where the birth took place or was recorded.
If the husband or, in his default, all of his heirs do not reside at the place of birth as defined in the first paragraph or where it was recorded, the
period shall be two years if they should reside in the Philippines; and three years if abroad. If the birth of the child has been concealed from or was
unknown to the husband or his heirs, the period shall be counted from the discovery or knowledge of the birth of the child or of the fact of
registration of said birth, whichever is earlier. (263a)
Art. 171. The heirs of the husband may impugn the filiation of the child within the period prescribed in the preceding article only in the following
cases:
(1) If the husband should died before the expiration of the period fixed for bringing his action;
(2) If he should die after the filing of the complaint without having desisted therefrom; or
(3) If the child was born after the death of the husband. (262a)
Chapter 2.
Proof of Filiation
Art. 172. The filiation of legitimate children is established by any of the following:
(1) The record of birth appearing in the civil register or a final judgment; or
(2) An admission of legitimate filiation in a public document or a private handwritten instrument and signed by the parent concerned.
In the absence of the foregoing evidence, the legitimate filiation shall be
proved by:
(1) The open and continuous possession of the status of a legitimate child; or
(2) Any other means allowed by the Rules of Court and special laws. (265a, 266a, 267a)
Art. 173. The action to claim legitimacy may be brought by the child during his or her lifetime and shall be transmitted to the heirs should the child
die during minority or in a state of insanity. In these cases, the heirs shall have a period of five years within which to institute the action.
Art. 174. Legitimate children shall have the right:
(1) To bear the surnames of the father and the mother, in conformity with the provisions of the Civil Code on Surnames;
(2) To receive support from their parents, their ascendants, and in proper cases, their brothers and sisters, in conformity with the provisions of this
Code on Support; and
(3) To be entitled to the legitimate and other successional rights granted to them by the Civil Code. (264a)
Chapter 3.
Illegitimate Children
235 | M a r t i n e z
Art. 175. Illegitimate children may establish their illegitimate filiation in the same way and on the same evidence as legitimate children.
The action must be brought within the same period specified in Article 173, except when the action is based on the second paragraph of Article
172, in which case the action may be brought during the lifetime of the alleged parent. (289a)
Art. 176. Illegitimate children shall use the surname and shall be under the parental authority of their mother, and shall be entitled to support in
conformity with this Code. The legitime of each illegitimate child shall consist of one-half of the legitime of a legitimate child. Except for this
modification, all other provisions in the Civil Code governing successional rights shall remain in force. (287a)
Chapter 4.
Legitimated Children
Art. 177. Only children conceived and born outside of wedlock of parents who, at the time of the conception of the former, were not disqualified by
any impediment to marry each other may be legitimated. (269a)
Art. 178. Legitimation shall take place by a subsequent valid marriage between parents. The annulment of a voidable marriage shall not affect the
legitimation. (270a)
Art. 179. Legitimated children shall enjoy the same rights as legitimate children. (272a)
Art. 180. The effects of legitimation shall retroact to the time of the child's birth. (273a)
Art. 181. The legitimation of children who died before the celebration of the marriage shall benefit their descendants. (274)
Art. 182. Legitimation may be impugned only by those who are prejudiced in their rights, within five years from the time their cause of action
accrues. (275a)
TITLE VII
ADOPTION
Art. 183. A person of age and in possession of full civil capacity and legal rights may adopt, provided he is in a position to support and care for his
children, legitimate or illegitimate, in keeping with the means of the family.
Only minors may be adopted, except in the cases when the adoption of a person of majority age is allowed in this Title.
In addition, the adopter must be at least sixteen years older than the person to be adopted, unless the adopter is the parent by nature of the
adopted, or is the spouse of the legitimate parent of the person to be adopted. (27a, E. O. 91 and PD 603)
Art. 184. The following persons may not adopt:
(1) The guardian with respect to the ward prior to the approval of the final accounts rendered upon the termination of their guardianship relation;
(2) Any person who has been convicted of a crime involving moral turpitude;
(3) An alien, except:
(a) A former Filipino citizen who seeks to adopt a relative by consanguinity;
(b) One who seeks to adopt the legitimate child of his or her Filipino spouse; or
236 | M a r t i n e z
(c) One who is married to a Filipino citizen and seeks to adopt jointly with his or her spouse a relative by consanguinity of the latter.
Aliens not included in the foregoing exceptions may adopt Filipino children in accordance with the rules on inter-country adoptions as may be
provided by law. (28a, E. O. 91 and PD 603)
Art. 185. Husband and wife must jointly adopt, except in the following cases:
(1) When one spouse seeks to adopt his own illegitimate child; or
(2) When one spouse seeks to adopt the legitimate child of the other. (29a, E. O. 91 and PD 603)
Art. 186. In case husband and wife jointly adopt or one spouse adopts the legitimate child of the other, joint parental authority shall be exercised by
the spouses in accordance with this Code. (29a, E. O. and PD 603)
Art. 187. The following may not be adopted:
(1) A person of legal age, unless he or she is a child by nature of the adopter or his or her spouse, or, prior to the adoption, said person has been
consistently considered and treated by the adopter as his or her own child during minority.
(2) An alien with whose government the Republic of the Philippines has no diplomatic relations; and
(3) A person who has already been adopted unless such adoption has been previously revoked or rescinded. (30a, E. O. 91 and PD 603)
Art. 188. The written consent of the following to the adoption shall be necessary:
(1) The person to be adopted, if ten years of age or over,
(2) The parents by nature of the child, the legal guardian, or the proper government instrumentality;
(3) The legitimate and adopted children, ten years of age or over, of the adopting parent or parents;
(4) The illegitimate children, ten years of age or over, of the adopting parent, if living with said parent and the latter's spouse, if any; and
(5) The spouse, if any, of the person adopting or to be adopted. (31a, E. O. 91 and PD 603)
Art. 189. Adoption shall have the following effects:
(1) For civil purposes, the adopted shall be deemed to be a legitimate child of the adopters and both shall acquire the reciprocal rights and
obligations arising from the relationship of parent and child, including the right of the adopted to use the surname of the adopters;
(2) The parental authority of the parents by nature over the adopted shall terminate and be vested in the adopters, except that if the adopter is the
spouse of the parent by nature of the adopted, parental authority over the adopted shall be exercised jointly by both spouses; and
(3) The adopted shall remain an intestate heir of his parents and other blood relatives. (39(1)a, (3)a, PD 603)
Art. 190. Legal or intestate succession to the estate of the adopted shall be governed by the following rules:
(1) Legitimate and illegitimate children and descendants and the surviving spouse of the adopted shall inherit from the adopted, in accordance with
the ordinary rules of legal or intestate succession;
(2) When the parents, legitimate or illegitimate, or the legitimate ascendants of the adopted concur with the adopter, they shall divide the entire
estate, one-half to be inherited by the parents or ascendants and the other half, by the adopters;
(3) When the surviving spouse or the illegitimate children of the adopted concur with the adopters, they shall divide the entire estate in equal
shares, one-half to be inherited by the spouse or the illegitimate children of the adopted and the other half, by the adopters.
(4) When the adopters concur with the illegitimate children and the surviving spouse of the adopted, they shall divide the entire estate in equal
shares, one-third to be inherited by the illegitimate children, one-third by the surviving spouse, and one-third by the adopters;
(5) When only the adopters survive, they shall inherit the entire estate; and
(6) When only collateral blood relatives of the adopted survive, then the ordinary rules of legal or intestate succession shall apply. (39(4)a, PD 603)
237 | M a r t i n e z
Art. 191. If the adopted is a minor or otherwise incapacitated, the adoption may be judicially rescinded upon petition of any person authorized by
the court or proper government instrumental acting on his behalf, on the same grounds prescribed for loss or suspension of parental authority. If the
adopted is at least eighteen years of age, he may petition for judicial rescission of the adoption on the same grounds prescribed for disinheriting an
ascendant. (40a, PD 603)
Art. 192. The adopters may petition the court for the judicial rescission of the adoption in any of the following cases:
(1) If the adopted has committed any act constituting ground for disinheriting a descendant; or
(2) When the adopted has abandoned the home of the adopters during minority for at least one year, or, by some other acts, has definitely
repudiated the adoption. (41a, PD 603)
Art. 193. If the adopted minor has not reached the age of majority at the time of the judicial rescission of the adoption, the court in the same
proceeding shall reinstate the parental authority of the parents by nature, unless the latter are disqualified or incapacitated, in which case the court
shall appoint a guardian over the person and property of the minor. If the adopted person is physically or mentally handicapped, the court shall
appoint in the same proceeding a guardian over his person or property or both.
Judicial rescission of the adoption shall extinguish all reciprocal rights and obligations between the adopters and the adopted arising from the
relationship of parent and child. The adopted shall likewise lose the right to use the surnames of the adopters and shall resume his surname prior to
the adoption.
The court shall accordingly order the amendment of the records in the proper registries. (42a, PD 603)
TITLE VIII
SUPPORT
Art. 194. Support comprises everything indispensable for sustenance, dwelling, clothing, medical attendance, education and transportation, in
keeping with the financial capacity of the family.
The education of the person entitled to be supported referred to in the preceding paragraph shall include his schooling or training for some
profession, trade or vocation, even beyond the age of majority. Transportation shall include expenses in going to and from school, or to and from
place of work. (290a)
Art. 105. Subject to the provisions of the succeeding articles, the following are obliged to support each other to the whole extent set forth in the
preceding article:
(1) The spouses;
(2) Legitimate ascendants and descendants;
(3) Parents and their legitimate children and the legitimate and illegitimate children of the latter;
(4) Parents and their illegitimate children and the legitimate and illegitimate children of the latter; and
(5) Legitimate brothers and sisters, whether of full or half-blood (291a)
Art. 196. Brothers and sisters not legitimately related, whether of the full or half-blood, are likewise bound to support each other to the full extent set
forth in Article 194, except only when the need for support of the brother or sister, being of age, is due to a cause imputable to the claimant's fault or
negligence. (291a)
Art. 197. In case of legitimate ascendants; descendants, whether legitimate or illegitimate; and brothers and sisters, whether legitimately or
illegitimately related, only the separate property of the person obliged to give support shall be answerable provided that in case the obligor has no
separate property, the absolute community or the conjugal partnership, if financially capable, shall advance the support, which shall be deducted
from the share of the spouse obliged upon the liquidation of the absolute community or of the conjugal partnership. (n)
238 | M a r t i n e z
Art. 198. During the proceedings for legal separation or for annulment of marriage, and for declaration of nullity of marriage, the spouses and their
children shall be supported from the properties of the absolute community or the conjugal partnership. After the final judgment granting the petition,
the obligation of mutual support between the spouses ceases. However, in case of legal separation, the court may order that the guilty spouse shall
give support to the innocent one, specifying the terms of such order. (292a)
Art. 199. Whenever two or more persons are obliged to give support, the liability shall devolve upon the following persons in the order herein
provided:
(1) The spouse;
(2) The descendants in the nearest degree;
(3) The ascendants in the nearest degree; and
(4) The brothers and sisters. (294a)
Art. 200. When the obligation to give support falls upon two or more persons, the payment of the same shall be divided between them in proportion
to the resources of each.
However, in case of urgent need and by special circumstances, the judge may order only one of them to furnish the support provisionally, without
prejudice to his right to claim from the other obligors the share due from them.
When two or more recipients at the same time claim support from one and the same person legally obliged to give it, should the latter not have
sufficient means to satisfy all claims, the order established in the preceding article shall be followed, unless the concurrent obligees should be the
spouse and a child subject to parental authority, in which case the child shall be preferred. (295a)
Art. 201. The amount of support, in the cases referred to in Articles 195 and 196, shall be in proportion to the resources or means of the giver and
to the necessities of the recipient. (296a)
Art. 202. Support in the cases referred to in the preceding article shall be reduced or increased proportionately, according to the reduction or
increase of the necessities of the recipient and the resources or means of the person obliged to furnish the same. (297a)
Art. 203. The obligation to give support shall be demandable from the time the person who has a right to receive the same needs it for
maintenance, but it shall not be paid except from the date of judicial or extra-judicial demand.
Support pendente lite may be claimed in accordance with the Rules of Court.
Payment shall be made within the first five days of each corresponding month or when the recipient dies, his heirs shall not be obliged to return
what he has received in advance. (298a)
Art. 204. The person obliged to give support shall have the option to fulfill the obligation either by paying the allowance fixed, or by receiving and
maintaining in the family dwelling the person who has a right to receive support. The latter alternative cannot be availed of in case there is a moral
or legal obstacle thereto. (299a)
Art. 205. The right to receive support under this Title as well as any money or property obtained as such support shall not be levied upon on
attachment or execution. (302a)
Art. 206. When, without the knowledge of the person obliged to give support, it is given by a stranger, the latter shall have a right to claim the same
from the former, unless it appears that he gave it without intention of being reimbursed. (2164a)
Art. 207. When the person obliged to support another unjustly refuses or fails to give support when urgently needed by the latter, any third person
may furnish support to the needy individual, with right of reimbursement from the person obliged to give support. This Article shall particularly apply
when the father or mother of a child under the age of majority unjustly refuses to support or fails to give support to the child when urgently needed.
(2166a)
Art. 208. In case of contractual support or that given by will, the excess in amount beyond that required for legal support shall be subject to levy on
attachment or execution.
Furthermore, contractual support shall be subject to adjustment whenever modification is necessary due to changes of circumstances manifestly
beyond the contemplation of the parties. (n)
239 | M a r t i n e z
TITLE IX
PARENTAL AUTHORITY
Chapter 1.
General Provisions
Art. 209. Pursuant to the natural right and duty of parents over the person and property of their unemancipated children, parental authority and
responsibility shall include the caring for and rearing them for civic consciousness and efficiency and the development of their moral, mental and
physical character and well-being. (n)
Art. 210. Parental authority and responsibility may not be renounced or transferred except in the cases authorized by law. (313a)
Art. 211. The father and the mother shall jointly exercise parental authority over the persons of their common children. In case of disagreement, the
father's decision shall prevail, unless there is a judicial order to the contrary.
Children shall always observe respect and reverence towards their parents and are obliged to obey them as long as the children are under parental
authority. (311a)
Art. 212. In case of absence or death of either parent, the parent present shall continue exercising parental authority. The remarriage of the
surviving parent shall not affect the parental authority over the children, unless the court appoints another person to be the guardian of the person
or property of the children. (n)
Art. 213. In case of separation of the parents, parental authority shall be exercised by the parent designated by the Court. The Court shall take into
account all relevant considerations, especially the choice of the child over seven years of age, unless the parent chosen is unfit. (n)
Art. 214. In case of death, absence or unsuitability of the parents, substitute parental authority shall be exercised by the surviving grandparent. In
case several survive, the one designated by the court, taking into account the same consideration mentioned in the preceding article, shall exercise
the authority. (355a)
Art. 215. No descendant shall be compelled, in a criminal case, to testify against his parents and grandparents, except when such testimony is
indispensable in a crime against the descendant or by one parent against the other. (315a)
Chapter 2.
Substitute and Special Parental Authority
Art. 216. In default of parents or a judicially appointed guardian, the following person shall exercise substitute parental authority over the child in the
order indicated:
(1) The surviving grandparent, as provided in Art. 214;
(2) The oldest brother or sister, over twenty-one years of age, unless unfit or disqualified; and
(3) The child's actual custodian, over twenty-one years of age, unless unfit or disqualified.
Whenever the appointment or a judicial guardian over the property of the child becomes necessary, the same order of preference shall be
observed. (349a, 351a, 354a)
Art. 217. In case of foundlings, abandoned neglected or abused children and other children similarly situated, parental authority shall be entrusted
in summary judicial proceedings to heads of children's homes, orphanages and similar institutions duly accredited by the proper government
agency. (314a)
240 | M a r t i n e z
Art. 218. The school, its administrators and teachers, or the individual, entity or institution engaged in child are shall have special parental authority
and responsibility over the minor child while under their supervision, instruction or custody.
Authority and responsibility shall apply to all authorized activities whether inside or outside the premises of the school, entity or institution. (349a)
Art. 129. Those given the authority and responsibility under the preceding Article shall be principally and solidarily liable for damages caused by the
acts or omissions of the unemancipated minor. The parents, judicial guardians or the persons exercising substitute parental authority over said
minor shall be subsidiarily liable.
The respective liabilities of those referred to in the preceding paragraph shall not apply if it is proved that they exercised the proper diligence
required under the particular circumstances.
All other cases not covered by this and the preceding articles shall be governed by the provisions of the Civil Code on quasi-delicts. (n)
Chapter 3.
Effect of Parental Authority Upon the Persons of the Children
Art. 220. The parents and those exercising parental authority shall have with the respect to their unemancipated children on wards the following
rights and duties:
(1) To keep them in their company, to support, educate and instruct them by right precept and good example, and to provide for their upbringing in
keeping with their means;
(2) To give them love and affection, advice and counsel, companionship and understanding;
(3) To provide them with moral and spiritual guidance, inculcate in them honesty, integrity, self-discipline, self-reliance, industry and thrift, stimulate
their interest in civic affairs, and inspire in them compliance with the duties of citizenship;
(4) To furnish them with good and wholesome educational materials, supervise their activities, recreation and association with others, protect them
from bad company, and prevent them from acquiring habits detrimental to their health, studies and morals;
(5) To represent them in all matters affecting their interests;
(6) To demand from them respect and obedience;
(7) To impose discipline on them as may be required under the circumstances; and
(8) To perform such other duties as are imposed by law upon parents and guardians. (316a)
Art. 221. Parents and other persons exercising parental authority shall be civilly liable for the injuries and damages caused by the acts or omissions
of their unemancipated children living in their company and under their parental authority subject to the appropriate defenses provided by law.
(2180(2)a and (4)a )
Art. 222. The courts may appoint a guardian of the child's property or a guardian ad litem when the best interests of the child so requires. (317)
Art. 223. The parents or, in their absence or incapacity, the individual, entity or institution exercising parental authority, may petition the proper court
of the place where the child resides, for an order providing for disciplinary measures over the child. The child shall be entitled to the assistance of
counsel, either of his choice or appointed by the court, and a summary hearing shall be conducted wherein the petitioner and the child shall be
heard.
However, if in the same proceeding the court finds the petitioner at fault, irrespective of the merits of the petition, or when the circumstances so
warrant, the court may also order the deprivation or suspension of parental authority or adopt such other measures as it may deem just and proper.
(318a)
Art. 224. The measures referred to in the preceding article may include the commitment of the child for not more than thirty days in entities or
institutions engaged in child care or in children's homes duly accredited by the proper government agency.
241 | M a r t i n e z
The parent exercising parental authority shall not interfere with the care of the child whenever committed but shall provide for his support. Upon
proper petition or at its own instance, the court may terminate the commitment of the child whenever just and proper. (391a)
Chapter 4.
Effect of Parental Authority Upon the Property of the Children
Art. 225. The father and the mother shall jointly exercise legal guardianship over the property of the unemancipated common child without the
necessity of a court appointment. In case of disagreement, the father's decision shall prevail, unless there is a judicial order to the contrary.
Where the market value of the property or the annual income of the child exceeds P50,000, the parent concerned shall be required to furnish a
bond in such amount as the court may determine, but not less than ten per centum (10%) of the value of the property or annual income, to
guarantee the performance of the obligations prescribed for general guardians.
A verified petition for approval of the bond shall be filed in the proper court of the place where the child resides, or, if the child resides in a foreign
country, in the proper court of the place where the property or any part thereof is situated.
The petition shall be docketed as a summary special proceeding in which all incidents and issues regarding the performance of the obligations
referred to in the second paragraph of this Article shall be heard and resolved.
The ordinary rules on guardianship shall be merely suppletory except when the child is under substitute parental authority, or the guardian is a
stranger, or a parent has remarried, in which case the ordinary rules on guardianship shall apply. (320a)
Art. 226. The property of the unemancipated child earned or acquired with his work or industry or by onerous or gratuitous title shall belong to the
child in ownership and shall be devoted exclusively to the latter's support and education, unless the title or transfer provides otherwise.
The right of the parents over the fruits and income of the child's property shall be limited primarily to the child's support and secondarily to the
collective daily needs of the family. (321a, 323a)
Art. 227. If the parents entrust the management or administration of any of their properties to an unemancipated child, the net proceeds of such
property shall belong to the owner. The child shall be given a reasonable monthly allowance in an amount not less than that which the owner would
have paid if the administrator were a stranger, unless the owner, grants the entire proceeds to the child. In any case, the proceeds thus give in
whole or in part shall not be charged to the child's legitime. (322a)
Chapter 5.
Suspension or Termination of Parental Authority
Art. 228. Parental authority terminates permanently:
(1) Upon the death of the parents;
(2) Upon the death of the child; or
(3) Upon emancipation of the child. (327a)
Art. 229. Unless subsequently revived by a final judgment, parental authority also terminates:
(1) Upon adoption of the child;
(2) Upon appointment of a general guardian;

242 | M a r t i n e z
(3) Upon judicial declaration of abandonment of the child in a case filed for the purpose;
(4) Upon final judgment of a competent court divesting the party concerned of parental authority; or
(5) Upon judicial declaration of absence or incapacity of the person exercising parental authority. (327a)
Art. 230. Parental authority is suspended upon conviction of the parent or the person exercising the same of a crime which carries with it the
penalty of civil interdiction. The authority is automatically reinstated upon service of the penalty or upon pardon or amnesty of the offender. (330a)
Art. 231. The court in an action filed for the purpose in a related case may also suspend parental authority if the parent or the person exercising the
same:
(1) Treats the child with excessive harshness or cruelty;
(2) Gives the child corrupting orders, counsel or example;
(3) Compels the child to beg; or
(4) Subjects the child or allows him to be subjected to acts of lasciviousness.
The grounds enumerated above are deemed to include cases which have resulted from culpable negligence of the parent or the person exercising
parental authority.
If the degree of seriousness so warrants, or the welfare of the child so demands, the court shall deprive the guilty party of parental authority or
adopt such other measures as may be proper under the circumstances.
The suspension or deprivation may be revoked and the parental authority revived in a case filed for the purpose or in the same proceeding if the
court finds that the cause therefor has ceased and will not be repeated. (33a)
Art. 232. If the person exercising parental authority has subjected the child or allowed him to be subjected to sexual abuse, such person shall be
permanently deprived by the court of such authority. (n)
Art. 233. The person exercising substitute parental authority shall have the same authority over the person of the child as the parents.
In no case shall the school administrator, teacher of individual engaged in child care exercising special parental authority inflict corporal punishment
upon the child. (n)
TITLE X
EMANCIPATION AND AGE OF MAJORITY
Art. 234. Emancipation takes place by the attainment of majority. Unless otherwise provided, majority commences at the age of twenty-one years.
Emancipation also takes place:
(1) By the marriage of the minor; or
(2) By the recording in the Civil Register of an agreement in a public instrument executed by the parent exercising parental authority and the minor
at least eighteen years of age. Such emancipation shall be irrevocable. (397a, 398a, 400a, 401a)
Art. 235. The provisions governing emancipation by recorded agreement shall also apply to an orphan minor and the person exercising parental
authority but the agreement must be approved by the court before it is recorded. (n)
Art. 236. Emancipation for any cause shall terminate parental authority over the person and property of the child who shall then be qualified and
responsible for all acts of civil life. (412a)
243 | M a r t i n e z
Art. 237. The annulment or declaration of nullity of the marriage of a minor or of the recorded agreement mentioned in the foregoing. Articles 234
and 235 shall revive the parental authority over the minor but shall not affect acts and transactions that took place prior to the recording of the final
judgment in the Civil Register. (n)
TITLE XI
SUMMARY JUDICIAL PROCEEDINGS IN THE FAMILY LAW
Chapter 1.
Prefatory Provisions
Art. 238. Until modified by the Supreme Court, the procedural rules provided for in this Title shall apply as regards separation in fact between
husband and wife, abandonment by one of the other, and incidents involving parental authority. (n)
Chapter 2.
Separation in Fact
Art. 239. When a husband and wife are separated in fact, or one has abandoned the other and one of them seeks judicial authorization for a
transaction where the consent of the other spouse is required by law but such consent is withheld or cannot be obtained, a verified petition may be
filed in court alleging the foregoing facts.
The petition shall attach the proposed deed, if any, embodying the transaction, and, if none, shall describe in detail the said transaction and state
the reason why the required consent thereto cannot be secured. In any case, the final deed duly executed by the parties shall be submitted to and
approved by the court. (n)
Art. 240. Claims for damages by either spouse, except costs of the proceedings, may be litigated only in a separate action. (n)
Art. 241. Jurisdiction over the petition shall, upon proof of notice to the other spouse, be exercised by the proper court authorized to hear family
cases, if one exists, or in the regional trial court or its equivalent sitting in the place where either of the spouses resides. (n)
Art. 242. Upon the filing of the petition, the court shall notify the other spouse, whose consent to the transaction is required, of said petition,
ordering said spouse to show cause why the petition should not be granted, on or before the date set in said notice for the initial conference. The
notice shall be accompanied by a copy of the petition and shall be served at the last known address of the spouse concerned. (n)
Art. 243. A preliminary conference shall be conducted by the judge personally without the parties being assisted by counsel. After the initial
conference, if the court deems it useful, the parties may be assisted by counsel at the succeeding conferences and hearings. (n)
Art. 244. In case of non-appearance of the spouse whose consent is sought, the court shall inquire into the reasons for his failure to appear, and
shall require such appearance, if possible. (n)
Art. 245. If, despite all efforts, the attendance of the non-consenting spouse is not secured, the court may proceed ex parte and render judgment as
the facts and circumstances may warrant. In any case, the judge shall endeavor to protect the interests of the non-appearing spouse. (n)
Art. 246. If the petition is not resolved at the initial conference, said petition shall be decided in a summary hearing on the basis of affidavits,
documentary evidence or oral testimonies at the sound discretion of the court. If testimony is needed, the court shall specify the witnesses to be
heard and the subject-matter of their testimonies, directing the parties to present said witnesses. (n)
Art. 247. The judgment of the court shall be immediately final and executory. (n)
244 | M a r t i n e z
Art. 248. The petition for judicial authority to administer or encumber specific separate property of the abandoning spouse and to use the fruits or
proceeds thereof for the support of the family shall also be governed by these rules. (n)
Chapter 3.
Incidents Involving Parental Authority
Art. 249. Petitions filed under Articles 223, 225 and 235 of this Code involving parental authority shall be verified. (n)
Art. 250. Such petitions shall be verified and filed in the proper court of the place where the child resides. (n)
Art. 251. Upon the filing of the petition, the court shall notify the parents or, in their absence or incapacity, the individuals, entities or institutions
exercising parental authority over the child. (n)
Art. 252. The rules in Chapter 2 hereof shall also govern summary proceedings under this Chapter insofar as they are applicable. (n)
Chapter 4.
Other Matters Subject to Summary Proceedings
Art. 253. The foregoing rules in Chapters 2 and 3 hereof shall likewise govern summary proceedings filed under Articles 41, 51, 69, 73, 96, 124 and
127, insofar as they are applicable. (n)
TITLE XII
FINAL PROVISIONS
Art. 254. Titles III, IV, V, VI, VIII, IX, XI, and XV of Book 1 of Republic Act No. 386, otherwise known as the Civil Code of the Philippines, as
amended, and Articles 17, 18, 19, 27, 28, 29, 30, 31, 39, 40, 41, and 42 of Presidential Decree No. 603, otherwise known as the Child and Youth
Welfare Code, as amended, and all laws, decrees, executive orders, proclamations, rules and regulations, or parts thereof, inconsistent herewith
are hereby repealed.
Art. 255. If any provision of this Code is held invalid, all the other provisions not affected thereby shall remain valid.
Art. 256. This Code shall have retroactive effect insofar as it does not prejudice or impair vested or acquired rights in accordance with the Civil
Code or other laws.
Art. 257. This Code shall take effect one year after the completion of its publication in a newspaper of general circulation, as certified by the
Executive Secretary, Office of the President.
Done in the City of Manila, this 6th day of July, in the year of Our Lord, nineteen hundred and eighty-seven.
245 | M a r t i n e z
PRESIDENTIAL DECREE NO. 603
December 10, 1974
THE CHILD AND YOUTH WELFARE CODE
I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers vested in me by the Constitution, do hereby order and decree the
following:
TITLE I.
GENERAL PRINCIPLES
Article 1. Declaration of Policy. - The Child is one of the most important assets of the nation. Every effort should be exerted to promote his welfare
and enhance his opportunities for a useful and happy life.
The child is not a mere creature of the State. Hence, his individual traits and aptitudes should be cultivated to the utmost insofar as they do not
conflict with the general welfare.
The molding of the character of the child start at the home. Consequently, every member of the family should strive to make the home a
wholesome and harmonious place as its atmosphere and conditions will greatly influence the child's development.
Attachment to the home and strong family ties should be encouraged but not to the extent of making the home isolated and exclusive and
unconcerned with the interests of the community and the country.
The natural right and duty of parents in the rearing of the child for civic efficiency should receive the aid and support of the government.
Other institutions, like the school, the church, the guild, and the community in general, should assist the home and the State in the endeavor to
prepare the child for the responsibilities of adulthood.
Art. 2. Title and Scope of Code. - The Code shall be known as the "Child and Youth Welfare Code". It shall apply to persons below twenty-one
years of age except those emancipated in accordance with law. "Child" or "minor" or "youth" as used in this Code, shall refer to such persons.
Art. 3. Rights of the Child. - All children shall be entitled to the rights herein set forth without distinction as to legitimacy or illegitimacy, sex, social
status, religion, political antecedents, and other factors.
(1) Every child is endowed with the dignity and worth of a human being from the moment of his conception, as generally accepted in medical
parlance, and has, therefore, the right to be born well.
(2) Every child has the right to a wholesome family life that will provide him with love, care and understanding, guidance and counseling, and moral
and material security.
The dependent or abandoned child shall be provided with the nearest substitute for a home.
(3) Every child has the right to a well-rounded development of his personality to the end that he may become a happy, useful and active member of
society.
The gifted child shall be given opportunity and encouragement to develop his special talents.
The emotionally disturbed or socially maladjusted child shall be treated with sympathy and understanding, and shall be entitled to treatment and
competent care.
The physically or mentally handicapped child shall be given the treatment, education and care required by his particular condition.
(4) Every child has the right to a balanced diet, adequate clothing, sufficient shelter, proper medical attention, and all the basic physical
requirements of a healthy and vigorous life.
(5) Every child has the right to be brought up in an atmosphere of morality and rectitude for the enrichment and the strengthening of his character.
246 | M a r t i n e z
(6) Every child has the right to an education commensurate with his abilities and to the development of his skills for the improvement of his capacity
for service to himself and to his fellowmen.
(7) Every child has the right to full opportunities for safe and wholesome recreation and activities, individual as well as social, for the wholesome
use of his leisure hours.
(8) Every child has the right to protection against exploitation, improper influences, hazards, and other conditions or circumstances prejudicial to his
physical, mental, emotional, social and moral development.
(9) Every child has the right to live in a community and a society that can offer him an environment free from pernicious influences and conducive to
the promotion of his health and the cultivation of his desirable traits and attributes.
(10) Every child has the right to the care, assistance, and protection of the State, particularly when his parents or guardians fail or are unable to
provide him with his fundamental needs for growth, development, and improvement.
(11) Every child has the right to an efficient and honest government that will deepen his faith in democracy and inspire him with the morality of the
constituted authorities both in their public and private lives.
(12) Every child has the right to grow up as a free individual, in an atmosphere of peace, understanding, tolerance, and universal brotherhood, and
with the determination to contribute his share in the building of a better world.
Art. 4. Responsibilities of the Child. - Every child, regardless of the circumstances of his birth, sex, religion, social status, political antecedents and
other factors shall:
(1) Strive to lead an upright and virtuous life in accordance with the tenets of his religion, the teachings of his elders and mentors, and the biddings
of a clean conscience;
(2) Love, respect and obey his parents, and cooperate with them in the strengthening of the family;
(3) Extend to his brothers and sisters his love, thoughtfulness, and helpfulness, and endeavor with them to keep the family harmonious and united;
(4) Exert his utmost to develop his potentialities for service, particularly by undergoing a formal education suited to his abilities, in order that he may
become an asset to himself and to society;
(5) Respect not only his elders but also the customs and traditions of our people, the memory of our heroes, the duly constituted authorities, the
laws of our country, and the principles and institutions of democracy;
(6) Participate actively in civic affairs and in the promotion of the general welfare, always bearing in mind that it is the youth who will eventually be
called upon to discharge the responsibility of leadership in shaping the nation's future; and
(7) Help in the observance of individual human rights, the strengthening of freedom everywhere, the fostering of cooperation among nations in the
pursuit of their common aspirations for programs and prosperity, and the furtherance of world peace.
Art. 5. Commencement of Civil Personality. - The civil personality of the child shall commence from the time of his conception, for all purposes
favorable to him, subject to the requirements of Article 41 of the Civil Code.
Art. 6. Abortion. - The abortion of a conceived child, whether such act be intentional or not, shall be governed by the pertinent provisions of the
Revised Penal Code.
Art. 7. Non-disclosure of Birth Records. - The records of a person's birth shall be kept strictly confidential and no information relating thereto shall
be issued except on the request of any of the following:
(1) The person himself, or any person authorized by him;
(2) His spouse, his parent or parents, his direct descendants, or the guardian or institution legally in-charge of him if he is a minor;
(3) The court or proper public official whenever absolutely necessary in administrative, judicial or other official proceedings to determine the identity
of the child's parents or other circumstances surrounding his birth; and
(4) In case of the person's death, the nearest of kin.
Any person violating the prohibition shall suffer the penalty of imprisonment of at least two months or a fine in an amount not exceeding five
hundred pesos, or both, in the discretion of the court.
247 | M a r t i n e z
Art. 8. Child's Welfare Paramount. - In all questions regarding the care, custody, education and property of the child, his welfare shall be the
paramount consideration.
Art. 9. Levels of Growth. - The child shall be given adequate care, assistance and guidance through his various levels of growth, from infancy to
early and later childhood, to puberty and adolescence, and when necessary even after he shall have attained age 21.
Art. 10. Phases of Development. - The child shall enjoy special protection and shall be given opportunities and facilities, by law and by other
means, to ensure and enable his fullest development physically, mentally, emotionally, morally, spiritually and socially in a healthy and normal
manner and in conditions of freedom and dignity appropriate to the corresponding developmental stage.
Art. 11. Promotion of Health. - The promotion of the Child's health shall begin with adequate pre-natal and post-natal care both for him and his
mother. All appropriate measures shall be taken to insure his normal total development.
It shall be the responsibility of the health, welfare, and educational entities to assist the parents in looking after the health of the child.
Art. 12. Education. - The schools and other entities engaged in non-formal education shall assist the parents in providing the best education for the
child.
Art. 13. Social and Emotional Growth. - Steps shall be taken to insure the child's healthy social and emotional growth. These shall be undertaken by
the home in collaboration with the schools and other agencies engaged in the promotion of child welfare.
Art. 14. Morality. - High moral principles should be instilled in the child, particularly in the home, the school, and the church to which he belongs.
Art. 15. Spiritual Values. - The promotion of the child's spiritual well-being according to the precepts of his religion should, as much as possible, be
encouraged by the State.
Art. 16. Civic Conscience. - The civic conscience of the child shall not be overlooked. He shall be brought up in an atmosphere of universal
understanding, tolerance, friendship, and helpfulness and in full consciousness of his responsibilities as a member of society.
TITLE II
CHILD AND YOUTH WELFARE AND THE HOME
Chapter 1
PARENTAL AUTHORITY
Section A. In General
Art. 17. Joint Parental Authority. - The father and mother shall exercise jointly just and reasonable parental authority and responsibility over their
legitimate or adopted children. In case of disagreement, the father's decision shall prevail unless there is a judicial order to the contrary.
In case of the absence or death of either parent, the present or surviving parent shall continue to exercise parental authority over such children,
unless in case of the surviving parent's remarriage, the court, for justifiable reasons, appoints another person as guardian.
In case of separation of his parents, no child under five years of age shall be separated from his mother unless the court finds compelling reasons
to do so.
Art. 18. Grandparents. - Grandparents shall be consulted on important family questions but they shall not interfere in the exercise of parental
authority by the parents.
Art. 19. Absence or Death of Parents. - Grandparents and in their default, the oldest brother or sister who is at least eighteen years of age, or the
relative who has actual custody of the child, shall exercise parental authority in case of absence or death of both parents, unless a guardian has
been appointed in accordance with the succeeding provision.
248 | M a r t i n e z
Art. 20. Guardian. - The court may, upon the death of the parents and in the cases mentioned in Arts. 328 to 332 of the Civil Code, appoint a
guardian for the person and property of the child, on petition of any relative or friend of the family or the Department of Social Welfare.
Art. 21. Dependent, Abandoned or Neglected Child. - The dependent, abandoned or neglected child shall be under the parental authority of a
suitable or accredited person or institution that is caring for him as provided for under the four preceding articles, after the child has been declared
abandoned by either the court or the Department of Social Welfare.
Art. 22. Transfer to the Department of Social Welfare. - The dependent, abandoned or neglected child may be transferred to the care of the
Department of Social Welfare or a duly licensed child-caring institution or individual in accordance with Articles 142 and 154 of this Code, or upon
the request of the person or institution exercising parental authority over him.
From the time of such transfer, the Department of Social Welfare or the duly licensed child-caring institution or individual shall be considered the
guardian of the child for all intents and purposes.
Art. 23. Case Study. - It shall be the duty of the Department of Social Welfare to make a case study of every child who is the subject of
guardianship or custody proceedings and to submit its report and recommendations on the matter to the court for its guidance.
Art. 24. Intervention of Department of Social Welfare. - The Department of Social Welfare shall intervene on behalf of the child if it finds, after its
case study, that the petition for guardianship or custody should be denied.
Art. 25. Hearings Confidential. - The hearing on guardianship and custody proceedings may, at the discretion of the court, be closed to the public
and the records thereof shall not be released without its approval.
Art. 26. Repealing Clause. - All provisions of the Civil Code on parental authority which are not inconsistent with the provisions of this Chapter shall
remain in force: Provided, That Articles 334 up to 348 inclusive on Adoption, are hereby expressly repealed and replaced by Section B of this
Chapter.
Section. B. Adoption
Art. 27. Who May Adopt. - Any person of age and in full possession of his civil rights may adopt: Provided, That he is in a position to support and
care for his legitimate, legitimated, acknowledged natural children, or natural children by legal fiction, or other illegitimate children, in keeping with
the means, both material and otherwise, of the family.
In all cases of adoption the adopter must be at least fifteen years older than the person to be adopted.
Art. 28. Who May Not Adopt. - The following persons may not adopt:
(1) A married person without the written consent of the spouse;
(2) The guardian with respect to the ward prior to final approval of his accounts;
(3) Any person who has been convicted of a crime involving moral turpitude;
(4) An alien who is disqualified to adopt according to the laws of his own country or one with whose government the Republic of the Philippines has
broken diplomatic relations.
Art. 29. Adoption by Husband and Wife. - Husband and Wife may jointly adopt. In such case, parental authority shall be exercised as if the child
were their own by nature.
Art. 30. Who May Not Be Adopted. - The following may not be adopted:
(1) A married person, without the written consent of the spouse;
(2) An alien with whose government the Republic of the Philippines has broken diplomatic relations;
(3) A person who has already been adopted unless the adoption has been previously revoked or rescinded in accordance with this Chapter.
Art. 31. Whose Consent is Necessary. - The written consent of the following to the adoption shall be necessary:
(1) The person to be adopted, if fourteen years of age or over;
(2) The natural parents of the child or his legal guardian of the Department of Social Welfare or any duly licensed child placement agency under
whose care the child may be;
249 | M a r t i n e z
(3) The natural children, fourteen years and above, of the adopting parents.
Art. 32. Hurried Decisions. - In all proceedings for adoption, steps should be taken by the court to prevent the natural parents from making hurried
decisions caused by strain or anxiety to give up the child, and to ascertain, that all measures to strengthen the family have been exhausted and that
any prolonged stay of the child in his own home will be inimical to his welfare and interest.
Art. 33. Case Study. - No petition for adoption shall be granted unless the Department of Social Welfare, or the Social Work and Counselling
Division, in case of Juvenile and Domestic Relations Courts, has made a case study of the child to be adopted, his natural parents as well as the
prospective adopting parents, and has submitted its report and recommendations on the matter to the court hearing such petition. The Department
of Social Welfare shall intervene on behalf of the child if it finds, after such case study, that the petition should be denied.
Art. 34. Procedure. - The proceedings for adoption shall be governed by the Rules of Court in so far as they are not in conflict with this Chapter.
Art. 35. Trial Custody. - No petition for adoption shall be finally granted unless and until the adopting parents are given by the court a supervised
trial custody period of at least six months to assess their adjustment and emotional readiness for the legal union. During the period of trial custody
parental authority shall be vested in the adopting parents.
The court may, upon its own motion or on motion of the petitioner, reduce or dispense with the trial period if it finds that it is to the best interest of
the child. In such case, the court shall state its reasons for reducing said period.
Art. 36. Decree of Adoption. - If, after considering the report of the Department of Social Welfare or duly licensed child placement agency and the
evidence submitted before it, the court is satisfied that the petitioner is qualified to maintain, care for, and educated the child, that the trial custody
period has been completed, and that the best interests of the child will be promoted by the adoption, a decree of adoption shall be entered, which
shall be effective as of the date the original petition was filed. The decree shall state the name by which the child is thenceforth to be known.
Art. 37. Civil Registry Record. - The adoption shall be recorded in the local civil register and shall be annotated on the record of birth, and the same
shall entitle the adopted person to the issuance of an amended certificate of birth.
Art. 38. Confidential Nature of Proceedings and Records. - All hearings in adoption cases shall be confidential and shall not be open to the public.
All records, books and papers relating to the adoption cases in the files of the court, of the Department of Social Welfare, and of any other agency
or institution participating in the adoption proceedings, shall be kept strictly confidential.
Subject to the provisions of Article 7, in any case in which information from such records, books and papers is needed, the person or agency
requesting the release of the information may file a petition to the court which entered the decree of adoption for its release. If the court finds that
the disclosure of the information is necessary for purposes connected with or arising out of the adoption and will be for the best interests of the
child, the court may permit the necessary information to be released, restricting the purposes for which it may be used.
Art. 39. Effects of Adoption. - The adoption shall:
(1) Give to the adopted person the same rights and duties as if he were a legitimate child of the adopter: Provided, That an adopted child cannot
acquire Philippine citizenship by virtue of such adoption:
(2) Dissolve the authority vested in the natural parent or parents, except where the adopter is the spouse of the surviving natural parent;
(3) Entitle the adopted person to use the adopter's surname; and
(4) Make the adopted person a legal heir of the adopter: Provided, That if the adopter is survived by legitimate parents or ascendants and by an
adopted person, the latter shall not have more successional rights than an acknowledged natural child: Provided, further, That any property
received gratuitously by the adopted from the adopter shall revert to the adopter should the former predecease the latter without legitimate issue
unless the adopted has, during his lifetime, alienated such property: Provided, finally, That in the last case, should the adopted leave no property
other than that received from the adopter, and he is survived by illegitimate issue or a spouse, such illegitimate issue collectively or the spouse
shall receive one-fourth of such property; if the adopted is survived by illegitimate issue and a spouse, then the former collectively shall receive
one-fourth and the latter also one-fourth, the rest in any case reverting to the adopter, observing in the case of the illegitimate issue the proportion
provided for in Article 895 of the Civil Code.
The adopter shall not be a legal heir of the adopted person, whose parents by nature shall inherit from him, except that if the latter are both dead,
the adopting parent or parents take the place of the natural parents in the line of succession, whether testate or interstate.
Art. 40. Rescission by Adopted. - The adopted person or the Department of Social Welfare or any duly licensed child placement agency if the
adopted is still a minor or otherwise incapacitated, may ask for the rescission of the adoption on the same grounds that cause the loss of parental
authority under the Civil Code.
Art. 41. Revocation by Adopter. - The adopter may petition the court for the revocation of the adoption in any of these cases:
250 | M a r t i n e z
(1) If the adopted person has attempted against the life of the adopter and/or his spouse;
(2) When the adopted minor has abandoned the home of the adopter for more than three years and efforts have been exhausted to locate the
minor within the stated period;
(3) When by other acts the adopted person has definitely repudiated the adoption.
Art. 42. Effects of Rescission or Revocation. - Where the adopted minor has not reached the age of majority at the time of the revocation or
rescission referred to in the next preceding articles, the court in the same proceeding shall determine whether he should be returned to the parental
authority of his natural parents or remitted to the Department of Social Welfare or any duly licensed child placement agency or whether a guardian
over his person and property should be appointed.
Where the adopted child has reached the age of majority, the revocation or rescission, if and when granted by the court, shall release him from all
obligations to his adopting parents and shall extinguish all his rights against them: Provided, That if the said adopted person is physically or
mentally handicapped as to need a guardian over his person or property, or both, the court may appoint a guardian in accordance with the
provisions of existing law.
In all cases of revocation or rescission, the adopted shall lose the right to continue using the adopter's surname and the court shall order the
amendment of the records in the Civil Register in accordance with its decision.
Chapter 2
RIGHTS OF PARENTS
Art. 43. Primary Right of Parents. - The parents shall have the right to the company of their children and, in relation to all other persons or
institutions dealing with the child's development, the primary right and obligation to provide for their upbringing.
Art. 44. Rights Under the Civil Code. - Parents shall continue to exercise the rights mentioned in Articles 316 to 326 of the Civil Code over the
person and property of the child.
Art. 45. Right to Discipline Child. - Parents have the right to discipline the child as may be necessary for the formation of his good character, and
may therefore require from him obedience to just and reasonable rules, suggestions and admonitions.
Chapter 3
DUTIES OF PARENTS
Art. 46. General Duties. - Parents shall have the following general duties toward their children:
(1) To give him affection, companionship and understanding;
(2) To extend to him the benefits of moral guidance, self-discipline and religious instruction;
(3) To supervise his activities, including his recreation;
(4) To inculcate in him the value of industry, thrift and self-reliance;
(5) To stimulate his interest in civic affairs, teach him the duties of citizenship, and develop his commitment to his country;
(6) To advise him properly on any matter affecting his development and well-being;
251 | M a r t i n e z
(7) To always set a good example;
(8) To provide him with adequate support, as defined in Article 290 of the Civil Code; and
(9) To administer his property, if any, according to his best interests, subject to the provisions of Article 320 of the Civil Code.
Art. 47. Family Affairs. - Whenever proper, parents shall allow the child to participate in the discussion of family affairs, especially in matters that
particularly concern him.
In cases involving his discipline, the child shall be given a chance to present his side.
Art. 48. Winning Child's Confidence. - Parents shall endeavor to win the child's confidence and to encourage him to conduct with them on his
activities and problems.
Art. 49. Child Living Away from Home. - If by reason of his studies or for other causes, a child does not live with his parents, the latter shall
communicate with him regularly and visit him as often as possible.
The parents shall see to it that the child lives in a safe and wholesome place and under responsible adult care and supervision.
Art. 50. Special Talents. - Parents shall endeavor to discover the child's talents or aptitudes, if any, and to encourage and develop them.
If the child is especially gifted, his parents shall report this fact to the National Center for Gifted Children or to other agencies concerned so that
official assistance or recognition may be extended to him.
Art. 51. Reading Habit. - The reading habit should be cultivated in the home. Parents shall, whenever possible, provide the child with good and
wholesome reading material, taking into consideration his age and emotional development. They shall guard against the introduction in the home of
pornographic and other unwholesome publications.
Art. 52. Association with Other Children. - Parents shall encourage the child to associate with other children of his own age with whom he can
develop common interests of useful and salutary nature. It shall be their duty to know the child's friends and their activities and to prevent him from
falling into bad company. The child should not be allowed to stay out late at night to the detriment of his health, studies or morals.
Art. 53. Community Activities. - Parents shall give the child every opportunity to form or join social, cultural, educational, recreational, civic or
religious organizations or movements and other useful community activities.
Art. 54. Social Gatherings. - When a party or gathering is held, the parents or a responsible person should be present to supervise the same.
Art. 55. Vices. - Parents shall take special care to prevent the child from becoming addicted to intoxicating drinks, narcotic drugs, smoking,
gambling, and other vices or harmful practices.
Art. 56. Choice of career. - The child shall have the right to choose his own career. Parents may advise him on this matter but should not impose on
him their own choice.
Art. 57. Marriage. - Subject to the provisions of the Civil Code, the child shall have the prerogative of choosing his future spouse. Parents should
not force or unduly influence him to marry a person he has not freely choosen.
Chapter 4
LIABILITIES OF PARENTS
Art. 58. Torts. - Parents and guardians are responsible for the damage caused by the child under their parental authority in accordance with the
Civil Code.
Art. 59. Crimes. - Criminal liability shall attach to any parent who:
(1) Conceals or abandons the child with intent to make such child lose his civil status.
252 | M a r t i n e z
(2) Abandons the child under such circumstances as to deprive him of the love, care and protection he needs.
(3) Sells or abandons the child to another person for valuable consideration.
(4) Neglects the child by not giving him the education which the family's station in life and financial conditions permit.
(5) Fails or refuses, without justifiable grounds, to enroll the child as required by Article 72.
(6) Causes, abates, or permits the truancy of the child from the school where he is enrolled. "Truancy" as here used means absence without cause
for more than twenty schooldays, not necessarily consecutive.
It shall be the duty of the teacher in charge to report to the parents the absences of the child the moment these exceed five schooldays.
(7) Improperly exploits the child by using him, directly or indirectly, such as for purposes of begging and other acts which are inimical to his interest
and welfare.
(8) Inflicts cruel and unusual punishment upon the child or deliberately subjects him to indignitions and other excessive chastisement that
embarrass or humiliate him.
(9) Causes or encourages the child to lead an immoral or dissolute life.
(10) Permits the child to possess, handle or carry a deadly weapon, regardless of its ownership.
(11) Allows or requires the child to drive without a license or with a license which the parent knows to have been illegally procured. If the motor
vehicle driven by the child belongs to the parent, it shall be presumed that he permitted or ordered the child to drive.
"Parents" as here used shall include the guardian and the head of the institution or foster home which has custody of the child.
Art. 60. Penalty. - The act mentioned in the preceding article shall be punishable with imprisonment from two or six months or a fine not exceeding
five hundred pesos, or both, at the discretion of the Court, unless a higher penalty is provided for in the Revised Penal Code or special laws,
without prejudice to actions for the involuntary commitment of the child under Title VIII of this Code.
Chapter 5
ASSISTANCE TO PARENTS
Art. 61. Admonition to Parents. - Whenever a parent or guardian is found to have been unreasonably neglectful in the performance of his duties
toward the child, he shall be admonished by the Department of Social Welfare or by the local Council for the Protection of Children referred to in
Article 87.
Whenever a child is found delinquent by any court, the father, mother or guardian may be judicially admonished.
Art. 62. Medical and Dental Services. - If the child has special health problems, his parents shall be entitled to such assistance from the
government as may be necessary for his care and treatment in addition to other benefits provided for under existing law.
Art. 63. Financial Aid and Social Services to Needy Families. - Special financial or material aid and social services shall be given to any needy
family, to help maintain the child or children in the home and prevent their placement elsewhere.
The amount of such aid shall be determined by the Department of Social Welfare, taking into consideration, among other things, the self-
employment of any of the family members and shall be paid from any funds available for the purpose.
Art. 64. Assistance to Widowed or Abandoned Parent and Her Minor Dependents. - The State shall give assistance to widowed or abandoned
parent or where either spouse is on prolonged absence due to illness, imprisonment, etc. and who is unable to support his/her children. Financial
and other essential social services shall be given by the National Government or other duly licensed agencies with similar functions to help such
parent acquire the necessary knowledge or skill needed for the proper care and maintenance of the family.
253 | M a r t i n e z
Art. 65. Criterion for Aid. - The criteria to determine eligibility for the aid mentioned in the next two preceding articles shall be (1) the age of the child
or children (2) the financial condition of the family, (3) the degree of deprivation of parental care and support, and (4) the inability to exercise
parental authority.
Art. 66. Assistance to Unmarried Mothers and Their Children. - Any unmarried mother may, before and after the birth of the child, seek the
assistance and advice of the Department of Social Welfare or any duly licensed child placement agency. The said agencies shall offer specialized
professional services which include confidential help and protection to such mother and her child, including placement of protection to such mother
and child, including placement of such mother's rights, if any, against the father of such child.
Chapter 6
FOSTER - CARE
Art. 67. Foster Homes. - Foster Homes shall be chosen and supervised by the Department of Social Welfare or any duly licensed child placement
agency when and as the need therefore arises. They shall be run by married couples, to be licensed only after thorough investigation of their
character, background, motivation and competence to act as foster parents.
Art. 68. Institutional Care. - Assignment of the child to a foster home shall be preferred to institutional care. Unless absolutely necessary, no child
below nine years of age shall be placed in an institution. An older child may be taken into an institution for child care if a thorough social case study
indicates that he will derive more benefit therefrom.
Art. 69. Day-care service and other substitute parental arrangement. - Day-care and other substitute parental arrangement shall be provided a child
whose parents and relatives are not able to care for him during the day. Such arrangements shall be the subject of accreditation and licensing by
the Department of Social Welfare.
Art. 70. Treatment of Child Under Foster Care. - A child under foster care shall be given, as much as possible, the affection and understanding that
his own parents, if alive or present, would or should have extended to him. Foster care shall take into consideration the temporary nature of the
placement and shall not alienate the child from his parents.
TITLE III
CHILD AND YOUTH WELFARE AND EDUCATION
Chapter 1
ACCESS TO EDUCATIONAL OPPORTUNITIES
Art. 71. Admission to Schools. - The state shall see to it that no child is refused admission in public schools. All parents are required to enroll their
children in schools to complete, at least, an elementary education.
Art. 72. Assistance. - To implement effectively the compulsory education policy, all necessary assistance possible shall be given to parents,
specially indigent ones or those who need the services of children at home, to enable the children to acquire at least an elementary education.
Such assistance may be in the form of special school programs which may not require continuous attendance in school, or aid in the form of
necessary school supplies, school lunch, or whatever constitutes a bar to a child's attendance in school or access to elementary education.
Art. 73. Nursery School. - To further help promote the welfare of children of working mothers and indigent parents, and in keeping with the
Constitutional provision on the maintenance of an adequate system of public education, public nursery and kindergarten schools shall be
maintained, whenever possible. The operation and maintenance of such schools shall be the responsibility of local governments. Aid from local
school board funds, when available, may be provided.
254 | M a r t i n e z
Art. 74. Special Classes. - Where needs warrants, there shall be at least special classes in every province, and, if possible, special schools for the
physically handicapped, the mentally retarded, the emotionally disturbed, and the specially gifted. The private sector shall be given all the
necessary inducement and encouragement to establish such classes or schools.
Art. 75. School Plants and Facilities. - Local school officials and local government officials shall see to it that school children and students are
provided with adequate schoolrooms and facilities including playground, space, and facilities for sports and physical development activities. Such
officials should see to it that the school environment is free from hazards to the health and safety of the students and that there are adequate safety
measures for any emergencies such as accessible exits, firefighting equipment, and the like. All children shall have the free access to adequate
dental and medical services.
Chapter II
THE HOME AND THE SCHOOL
Art. 76. Role of the Home. - The home shall fully support the school in the implementation of the total school program - curricular and co-curricular -
toward the proper physical, social, intellectual and moral development of the child.
Art. 77. Parent-Teacher Associations. - Every elementary and secondary school shall organize a parent-teacher association for the purpose of
providing a forum for the discussion of problems and their solutions, relating to the total school program, and for insuring the full cooperation of
parents in the efficient implementation of such program. All parents who have children enrolled in a school are encouraged to be active members of
its PTA, and to comply with whatever obligations and responsibilities such membership entails.
Parent-Teacher Association all over the country shall aid the municipal and other local authorities and school officials in the enforcement of juvenile
delinquency control measures, and in the implementation of programs and activities to promote child welfare.
Chapter III
MISCELLANEOUS
Art. 78. Contributions. - No school shall receive or collect from students, directly or indirectly, contributions of any kind or form, or for any purpose
except those expressly provided by law, and on occasions of national or local disasters in which case the school may accept voluntary contribution
or aid from students for distribution to victims of such disasters or calamities.
TITLE IV
CHILD AND YOUTH WELFARE AND THE CHURCH
Art. 79. Rights of the Church. - The State shall respect the rights of the Church in matters affecting the religious and moral upbringing of the child.
Art. 80. Establishment of Schools. - All churches and religious orders, congregations or groups may, conformably to law, establish schools for the
purpose of educating children in accordance with the tenets of their religion.
Art. 81. Religious Instruction. - The religious education of children in all public and private schools is a legitimate concern of the Church to which the
students belong. All churches may offer religious instruction in public and private elementary and secondary schools, subject to the requirements of
the Constitution and existing laws.
255 | M a r t i n e z
Art. 82. Assistance to Churches. - Insofar as may be allowed by the Constitution, the government shall extend to all churches, without
discrimination or preference, every opportunity to exercise their influence and disseminate their teachings.
Art. 83. Parents. - Parents shall admonish their children to heed the teachings of their Church and to perform their religious duties. Whenever
possible, parents shall accompany their children to the regular devotions of their Church and other religious ceremonies.
TITLE V
CHILD AND YOUTH WELFARE AND THE COMMUNITY
Chapter I
DUTIES IN GENERAL OF THE COMMUNITY
Art. 84. Community Defined. - As used in this Title, a community shall mean, the local government, together with the society of individuals or
institutions, both public and private, in which a child lives.
Art. 85. Duties of the Community. - To insure the full enjoyment of the right of every child to live in a society that offers or guarantee him safety,
health, good moral environment and facilities for his wholesome growth and development, it shall be the duty of the community to:
(1) Bring about a healthy environment necessary to the normal growth of children and the enhancement of their physical, mental and spiritual well-
being;
(2) Help institutions of learning, whether public or private, achieve the fundamental objectives of education;
(3) Organize or encourage movements and activities, for the furtherance of the interests of children and youth;
(4) Promote the establishment and maintenance of adequately equipped playgrounds, parks, and other recreational facilities;
(5) Support parent education programs by encouraging its members to attend and actively participate therein;
(6) Assist the State in combating and curtailing juvenile delinquency and in rehabilitating wayward children;
(7) Aid in carrying out special projects for the betterment of children in the remote areas or belonging to cultural minorities or those who are out of
school; and
(8) Cooperate with private and public child welfare agencies in providing care, training and protection to destitute, abandoned, neglected, abused,
handicapped and disturbed children.
Chapter 2
COMMUNITY BODIES DEALING WITH CHILD WELFARE
Section. A. Barangay Councils
Art. 86. Ordinances and Resolutions. - Barangay Councils shall have the authority to enact ordinances and resolutions not inconsistent with law or
municipal ordinances, as may be necessary to provide for the proper development and welfare of the children in the community, in consultation with
representatives of national agencies concerned with child and youth welfare.
256 | M a r t i n e z
Art. 87. Council for the Protection of Children. - Every barangay council shall encourage the organization of a local Council for the Protection of
Children and shall coordinate with the Council for the Welfare of Children and Youth in drawing and implementing plans for the promotion of child
and youth welfare. Membership shall be taken from responsible members of the community including a representative of the youth, as well as
representatives of government and private agencies concerned with the welfare of children and youth whose area of assignment includes the
particular barangay and shall be on a purely voluntary basis.
Said Council shall:
(1) Foster the education of every child in the barangay;
(2) Encourage the proper performance of the duties of parents, and provide learning opportunities on the adequate rearing of children and on
positive parent-child relationship;
(3) Protect and assist abandoned or maltreated children and dependents;
(4) Take steps to prevent juvenile delinquency and assist parents of children with behavioral problems so that they can get expert advise;
(5) Adopt measures for the health of children;
(6) Promote the opening and maintenance of playgrounds and day-care centers and other services that are necessary for child and youth welfare;
(7) Coordinate the activities of organizations devoted to the welfare of children and secure their cooperation;
(8) Promote wholesome entertainment in the community, especially in movie houses; and
(9) Assist parents, whenever necessary in securing expert guidance counseling from the proper governmental or private welfare agency.
In addition, it shall hold classes and seminars on the proper rearing of the children. It shall distribute to parents available literature and other
information on child guidance. The Council shall assist parents, with behavioral problems whenever necessary, in securing expert guidance
counseling from the proper governmental or private welfare agency.
Art. 88. Barangay Scholarships. - Barangay funds may be appropriated to provide annual scholarship for indigent children who, in judgment of the
Council for the Protection of Children, deserve public assistance in the development of their potentialities.
Art. 89. Youth Associations in Barangays. - Barangay councils shall encourage membership in civil youth associations and help these organizations
attain their objectives.
Art. 90. Aid to Youth Associations. - In proper cases, barangay funds may be used for the payment of the cost of the uniforms and equipment
required by these organizations.
Section. B. Civic Associations of Adults
Art. 91. Civic Associations of Adults. - As used in this Title, a civic association shall refer to any club, organization or association of individuals
twenty-one years of age or over, which is directly or indirectly involved in carrying out child welfare programs and activities.
Art. 92. Accounting of Proceeds or Funds. - It shall be the duty of any civic association of adults holding benefits or soliciting contributions pursuant
to the provisions of the next preceding article, to render an accounting of the proceeds thereof to the Department of Social Welfare or to the city or
municipal treasurer, as the case may be.
Art. 93. Functions. - Civic associations and youth associations shall make arrangements with the appropriate governmental or civic organization for
the instruction of youth in useful trades or crafts to enable them to earn a living.
Art. 94. Youth Demonstrations. - Any demonstrations sponsored by any civic associations and youth associations shall be conducted in a peaceful
and lawful manner.
Art. 95. Unwholesome Entertainment and advertisements. - It shall be the duty of all civic associations and youth associations to bring to the
attention of the proper authorities the exhibition of indecent shows and the publication, sale or circulation of pornographic materials.
The Board of Censors or the Radio Control Board may, upon representation of any civic association, prohibit any movie, television or radio program
offensive to the proprieties of language and behavior.
257 | M a r t i n e z
Commercial and advertisements and trailers which are improper for children under eighteen years of age due to their advocating or unduly
suggesting violence, vices, crimes and immorality, shall not be shown in any movie theater where the main feature is for general patronage nor
shall they be used or shown during or immediately before and after any television or radio program for children.
Art. 96. Complaint Against Child Welfare Agency. - Any civic association and any youth association may complain to the officials of any public or
private child-caring agency about any act or omission therein prejudicial to the wards of such agency.
If the complaint is not acted upon, it may be brought to the Council for the Protection of Children or the Department of Social Welfare, which shall
promptly investigate the matter and take such steps as may be necessary.
Art. 97. Studies and Researches. - The government shall make available such data and technical assistance as may be needed by civic
associations conducting studies and researches on matters relating to child welfare, including the prevention of juvenile delinquency.
Art. 98. Exchange Programs. - Student exchange programs sponsored by civic associations or youth associations shall receive the support and
encouragement of the State.
Section. C. Youth Associations
Art. 99. Youth Associations. - As used in this Title, a youth association shall refer to any club, organization or association of individuals below
twenty-one years of age which is directly or indirectly involved in carrying out child or youth welfare programs and activities.
Art. 100. Rights and Responsibilities. - All youth associations shall enjoy the same rights and discharge the same responsibilities as civic
associations as may be permitted under existing laws.
Art. 101. Student Organizations. - All student organization in public or private schools shall include in their objectives the cultivation of harmonious
relations among their members and with the various segments of the community.
Chapter 3
COLLABORATION BETWEEN THE HOME AND THE COMMUNITY
Art. 102. Proper Atmosphere for Children. - The home shall aid the community in maintaining an atmosphere conducive to the proper upbringing of
children, particularly with respect to their preparation for adult life and the conscientious discharge of their civic duties as a whole.
Art. 103. Unwholesome Influence. - The home and the community shall cooperate with each other in counteracting and eliminating such influences
as may be exerted upon children by useless and harmful amusements and activities, obscene exhibitions and programs, and establishments
inimical to health and morals.
TITLE VI
CHILD AND YOUTH WELFARE AND THE SAMAHAN
Chapter 1
DUTIES IN GENERAL OF THE SAMAHAN
Art. 104. "Samahan" Defined. - As used in this Code, the term "samahan" shall refer to the aggregate of persons working in commercial, industrial,
and agricultural establishments or enterprises, whether belonging to labor or management.
258 | M a r t i n e z
Art. 105. Organization. - The barangay, municipal and city councils, whenever necessary, shall provide by ordinance for the formation and
organization of a samahan in their respective communities. Membership in the samahan shall be on voluntary basis from among responsible
persons from the various sectors of the community mentioned in the preceding article.
Art. 106. Duties of the Samahan. - The Samahan shall:
(1) Prevent the employment of children in any kind of occupation or calling which is harmful to their normal growth and development;
(2) Forestall their exploitation by insuring that their rates of pay, hours of work and other conditions of employment are in accordance not only with
law but also with equity;
(3) Give adequate protection from all hazards to their safety, health, and morals, and secure to them their basic right to an education;
(4) Help out-of-school youth to learn and earn at the same time by helping them look for opportunities to engage in economic self-sufficient
projects;
(5) To coordinate with vocational and handicraft classes in all schools and agencies in the barangay, municipality or city to arrange for possible
marketing of the products or articles made by the students; and
(6) Provide work experience, training and employment in those areas where the restoration and conservation of our natural resources is deemed
necessary.
Chapter 2
WORKING CHILDREN
Art. 107. Employment of Children Below Sixteen Years. - Children below sixteen years of age may be employed to perform light work which is not
harmful to their safety, health or normal development and which is not prejudicial to their studies.
The provisions of the Labor Code relating to employable age and conditions of employment of children are hereby adopted as part of this Code
insofar as not inconsistent herewith.
Art. 108. Duty of Employer to Submit Report. - The employer shall submit to the Department of Labor a report of all children employed by him. A
separate report shall be made of all such children who are found to be handicapped after medical examination. The Secretary of Labor shall refer
such handicapped children to the proper government or private agencies for vocational guidance, physical and vocational rehabilitation, and
placement in employment.
Art. 109. Register of Children. - Every employer in any commercial, industrial or agricultural establishment or enterprise shall keep:
(1) A register of all children employed by him, indicating the dates of their birth;
(2) A separate file for the written consent to their employment given by their parents or guardians;
(3) A separate file for their educational and medical certificates; and
(4) A separate file for special work permits issued by the Secretary of Labor in accordance with existing laws.
Art. 110. Education of Children Employed as Domestics. - If a domestic is under sixteen years of age, the head of the family shall give him an
opportunity to complete at least elementary education as required under Article 71. The cost of such education shall be a part of the domestic's
compensation unless there is a stipulation to the contrary.
Chapter 3
259 | M a r t i n e z
LABOR-MANAGEMENT PROJECTS
Art. 111. Right to Self-Organization. - Working children shall have the same freedoms as adults to join the collective bargaining union of their own
choosing in accordance with existing law.
Neither management nor any collective bargaining union shall threaten or coerce working children to join, continue or withdraw as members of such
union.
Art. 112. Conditions of Employment. - There shall be close collaboration between labor and management in the observance of the conditions of
employment required by law for working children.
Art. 113. Educational Assistance Programs. - The management may allow time off without loss or reduction of wages for working children with
special talents to enable them to pursue formal studies in technical schools on scholarships financed by management or by the collective
bargaining union or unions.
Art. 114. Welfare Programs. - Labor and management shall, in cooperation with the Women and Minors Bureau of the Department of Labor,
undertake projects and in-service training programs for working children which shall improve their conditions of employment, improve their
capabilities and physical fitness, increase their efficiency, secure opportunities for their promotion, prepare them for more responsible positions,
and provide for their social, educational and cultural advancement.
Art. 115. Research Projects. - Labor and management shall cooperate with any government or private research project on matters affecting the
welfare of working children.
Chapter 4
COLLABORATION BETWEEN THE HOME AND THE SAMAHAN
Art. 116. Collaboration Between the Home and the Samahan. - The home shall assist the Samahan in the promotion of the welfare of working
children and for this purpose shall:
(1) Instill in the hearts and minds of working children the value of dignity of labor;
(2) Stress the importance of the virtues of honesty; diligence and perseverance in the discharge of their duties;
(3) Counsel them on the provident use of the fruits of their labor for the enrichment of their lives and the improvement of their economic security;
and
(4) Protect their general well-being against exploitation by management or unions as well as against conditions of their work prejudicial to their
health, education, or morals.
TITLE VII
CHILD AND YOUTH WELFARE AND THE STATE
Chapter 1
260 | M a r t i n e z
REGULATION OF CHILD AND YOUTH WELFARE SERVICES
Art. 117. Classifications of Child and Youth Welfare Agencies. - Public and private child welfare agencies providing encouragement, care, and
protection to any category of children and youth whether mentally gifted, dependent, abandoned, neglected, abused, handicapped, disturbed, or
youthful offenders, classified and defined as follows, shall be coordinated by the Department of Social Welfare:
(1) A child-caring institution is one that provides twenty-four resident group care service for the physical, mental, social and spiritual well-being of
nine or more mentally gifted, dependent, abandoned, neglected, handicapped or disturbed children, or youthful offenders.
An institution, whose primary purpose is education, is deemed to be a child-caring institution when nine or more of its pupils or wards in the
ordinary course of events do not return annually to the homes of their parents or guardians for at least two months of summer vacation.
(2) A detention home is a twenty-four hour child-caring institution providing short term resident care for youthful offenders who are awaiting court
disposition of their cases or transfer to other agencies or jurisdiction.
(3) A shelter-care institution is one that provides temporary protection and care to children requiring emergency reception as a result of fortuitous
events, abandonment by parents, dangerous conditions of neglect or cruelty in the home, being without adult care because of crisis in the family, or
a court order holding them as material witnesses.
(4) Receiving homes are family-type homes which provides temporary shelter from ten to twenty days for children who shall during this period be
under observation and study for eventual placement by the Department of Social Welfare. The number of children in a receiving home shall not at
any time exceed nine: Provided, That no more than two of them shall be under three years of age.
(5) A nursery is a child-caring institution that provides care for six or more children below six years of age for all or part of a twenty-four hour day,
except those duly licensed to offer primarily medical and educational services.
(6) A maternity home is an institution or place of residence whose primary function is to give shelter and care to pregnant women and their infants
before, during and after delivery.
(7) A rehabilitation center is an institution that receives and rehabilitates youthful offenders or other disturbed children.
(8) A reception and study center is an institution that receives for study, diagnosis, and temporary treatment, children who have behavioral
problems for the purpose of determining the appropriate care for them or recommending their permanent treatment or rehabilitation in other child
welfare agencies.
(9) A child-placing agency is an institution or person assuming the care, custody, protection and maintenance of children for placement in any child-
caring institution or home or under the care and custody of any person or persons for purposes of adoption, guardianship or foster care. The
relatives of such child or children within the sixth degree of consanguinity or affinity are excluded from this definition.
Art. 118. License Required. - No private person, natural or juridical, shall establish, temporarily or permanently, any child welfare agency without
first securing a license from the Department of Social Welfare.
Such license shall not be transferable and shall be used only by the person or institution to which it was issued at the place stated therein.
No license shall be granted unless the purpose of function of the agency is clearly defined and stated in writing. Such definition shall include the
geographical area to be served, the children to be accepted for care, and the services to be provided.
If the applicant is a juridical person, it must be registered in accordance with Philippine laws.
Art. 119. Guiding Principles. - The protection and best interests of the child or children therein shall be the first and basic consideration in the
granting, suspension or revocation of the license mentioned in the preceding article.
Art. 120. Revocation or Suspension of License. - The Department of Social Welfare may, after notice and hearing , suspend or revoke the license
of a child welfare agency on any of the following grounds:
(1) That the agency is being used for immoral purposes;
(2) That said agency is insolvent or is not in a financial position to support and maintain the children therein or to perform the functions for which it
was granted license;
(3) That the children therein are being neglected or are undernourished;
(4) That the place is so unsanitary so as to make it unfit for children;

261 | M a r t i n e z
(5) That said agency is located in a place or community where children should not be, or is physically dangerous to children or would unduly
expose children to crime, vice, immorality, corruption or severe cruelty; or
(6) That said agency has by any act or omission shown its incompetence or unworthiness to continue acting as a child welfare agency. During the
period of suspension, the agency concerned shall not accept or admit any additional children. In any case, the Department of Social Welfare shall
make such order as to the custody of the children under the care of such agency as the circumstances may warrant. The suspension may last for
as long as the agency has not complied with any order of the Department of Social Welfare to remove or remedy the conditions which have risen to
the suspension. The aggrieved agency may appeal the suspension and/or revocation in a proper court action. In such case, the court shall within
fifteen days from the filing of the Department of Social Welfare's answer, conduct a hearing and decide the case, either by lifting the suspension, or
continuing it for such period of time as it may order, or by revoking the license of the agency where the Department of Social Welfare has proven
the revocation to be justified.
Art. 121. Responsible Government Body. - The governing body of a child welfare agency or institution shall be composed of civic leaders or
persons of good standing in the community. The administrator must be a competent person qualified by education or experience or both to serve as
such.
Art. 122. Child-Caring Institution Serving as Child-Placement Agency. - An association or corporation may be both a child-caring institution and a
child-placement agency and it may be licensed to carry out both types of service.
When a license also serves as a child-placement agency, it shall maintain a staff equipped by training to make thorough studies of every
prospective family home. Staff arrangements must also be made for continuing supervision of the children staying in family homes so long as the
children remain in the legal custody of the agency.
Art. 123. Responsible Staff of Employees. - The licensee shall choose its employees who shall be persons of good health and character, and
whenever possible, the higher rank of employees shall in addition have training, preferably in child psychology.
Art. 124. Intake Study and Periodic Investigations. - The licensee shall undertake investigations to determine if the acceptance or continued stay of
a child in its institution is necessary. Each licensee shall make provisions for continuing services, including social casework for every child under its
care.
Art. 125. Records. - The licensee shall keep confidential records of every child in its study. These records shall be made available only to such
persons as may be authorized by the Department of Social Welfare or by the proper court.
Art. 126. Home Atmosphere. - Child welfare agencies shall endeavor to provide the children with a pleasant atmosphere that shall approximate as
nearly as possible the conditions of an ideal home. Vocational rehabilitation shall also be provided in accordance with existing law and the
particular needs of the children.
Art. 127. Adequate Diet. - The licensee shall provide a varied and balanced diet to satisfy the child's total nutritional requirements.
Art. 128. Clothing. - The licensee shall furnish clean, comfortable, and appropriate clothing for every child under its care.
Art. 129. Physical Surroundings and Outings. - The licensee shall maintain a building adequate both in ventilation and sanitation, and with a safe,
clean and spacious playground.
Regular inexpensive periodic outing shall be an important part of its activities in order to make the children aware of their vital role in their
community and country.
Art. 130. Medical and Nursing Care. - The licensee shall provide adequate medical and nursing care for sick children who may be confined due to
illness.
Art. 131. Religious Training. - The licensee shall provide opportunities for religious training to children under its custody, taking into consideration
the religious affiliation or express wishes of the child or his parents. For such purpose, it shall have a defined policy regarding its religious activities
for the information of those wishing to place children in its care.
Art. 132. Annual Report. - Every child welfare agency or institution shall submit to the Department of Social Welfare an annual report setting forth a
brief summary of its operations during the preceding year, including the funds received during said period, the sources thereof, the purposes for
which they were spent and the cash position of the agency or institution as of the date of the report, number of children admitted, and such other
information as may be required by the Department of Social Welfare.
262 | M a r t i n e z
Chapter 2
COLLABORATION BETWEEN THE HOME AND THE STATE
Art. 133. Healthy Growth of Children. - Pursuant to its obligation to assist the parents in the proper upbringing of the child, the State shall, whenever
possible, in collaboration and cooperation with local government establish:
(1) Puericulture and similar centers;
(2) Juvenile courts;
(3) Child welfare agencies;
(4) Orphanages and other similar institutions; and
(5) Children's recreation centers.
Art. 134. Puericulture or Health Centers. - Puericulture or health centers shall be established in every barangay to perform, among other things, the
following functions:
(1) Disseminate information concerning the health of children and expectant or nursing mothers;
(2) Provide consultation service and treatment, whenever necessary, for the children and the expectant or nursing mothers;
(3) Provide guidance and special treatment to children with physical handicaps; and
(4) Advise child welfare institutions on matters relating to nutrition and hygiene.
Art. 135. Juvenile and Domestic Relations Courts. - Juvenile and Domestic Relations Courts shall, as far as practicable, be established in every
province or city to hear and decide cases involving juvenile and domestic problems.
Art. 136. Regional Child Welfare Agencies. - The State shall, whenever practicable, establish regional child welfare agencies, orphanages and
other similar institutions to provide care for the children mentioned in Title VIII of this Code.
Art. 137. Children's Reading and Recreation Centers. - The State shall establish in every barangay reading centers and recreation centers where
children may meet and play together for their healthy growth and their social and cultural development.
Art. 138. Parent Education Program. - The Department of Social Welfare shall from time to time hold a Parent Education Congress, which shall aim
to enable parents to understand child growth and development, parent-child relationship, family life, and family-community relationship, and to
improve their ability to discharge their duties.
Art. 139. Curfew Hours for Children. - City or municipal councils may prescribe such curfew hours for children as may be warranted by local
conditions. The duty to enforce curfew ordinances shall devolve upon the parents or guardians and the local authorities.
Any parent or guardian found grossly negligent in the performance of the duty imposed by this article shall be admonished by the Department of
Social Welfare or the Council for the Protection of Children.
Art. 140. State Aid in Case of Public Calamity. - In case of earthquake, flood, storm, conflagration, epidemic, or other calamity, the State shall give
special assistance to children whenever necessary. The Department of Social Welfare shall take immediate custody of dependent children and give
temporary shelter to orphaned or displaced children (who are separated from their parents or guardian).
TITLE VIII
SPECIAL CATEGORIES OF CHILDREN

263 | M a r t i n e z
Chapter 1
DEPENDENT, ABANDONED AND NEGLECTED CHILDREN
Art. 141. Definition of Terms. - As used in this Chapter:
(1) A dependent child is one who is without a parent, guardian or custodian; or one whose parents, guardian or other custodian for good cause
desires to be relieved of his care and custody; and is dependent upon the public for support.
(2) An abandoned child is one who has no proper parental care or guardianship, or whose parents or guardians have deserted him for a period of
at least six continuous months.
(3) A neglected child is one whose basic needs have been deliberately unattended or inadequately attended. Neglect may occur in two ways:
a) There is a physical neglect when the child is malnourished, ill clad and without proper shelter.
A child is unattended when left by himself without provisions for his needs and/or without proper supervision.
b) Emotional neglect exists: when children are maltreated, raped or seduced; when children are exploited, overworked or made to work under
conditions not conducive to good health; or are made to beg in the streets or public places, or when children are in moral danger, or exposed to
gambling, prostitution and other vices.
(4) Commitment or surrender of a child is the legal act of entrusting a child to the care of the Department of Social Welfare or any duly licensed
child placement agency or individual.
Commitment may be done in the following manner:
a) Involuntary commitment, in case of a dependent child, or through the termination of parental or guardianship rights by reason of abandonment,
substantial and continuous or repeated neglect and/or parental incompetence to discharge parental responsibilities, and in the manner, form and
procedure hereinafter prescribed.
b) Voluntary commitment, through the relinquishment of parental or guardianship rights in the manner and form hereinafter prescribed.
Art. 142. Petition for Involuntary Commitment of a Child: Venue. - The Department of Social Welfare Secretary or his authorized representative or
any duly licensed child placement agency having knowledge of a child who appears to be dependent, abandoned or neglected, may file a verified
petition for involuntary commitment of said child to the care of any duly licensed child placement agency or individual.
The petition shall be filed with the Juvenile and Domestic Relations Court, if any, or with the Court of First Instance of the province or City Court in
which the parents or guardian resides or the child is found.
Art. 143. Contents of Petition: Verification. - The petition for commitment must state so far as known to the petitioner:
(1) The facts showing that the child is dependent, abandoned, or neglected;
(2) The names of the parent or parents, if known, and their residence. If the child has no parent or parents living, then the name and residence of
the guardian, if any; and
(3) The name of the duly licensed child placement agency or individual to whose care the commitment of the child is sought.
The petition shall be verified and shall be sufficient if based upon the information and belief of the petitioner.
Art. 144. Court to Set Time for Hearing: Summons. - When a petition or commitment is filed, the court shall fix a date for the hearing thereof. If it
appears from the petition that one or both parents of the child, or the guardian, resides in province or city, the clerk of court shall immediately issue
summons, together with a copy of the petition, which shall be served on such parent or guardian not less than two days before the time fixed for the
hearing. Such summons shall require them to appear before the court on the date mentioned.
Art. 145. When Summons shall Not be Issued. - The summons provided for in the next preceding article shall not be issued and the court shall
thereupon proceed with the hearing of the case if it appears from the petition that both parents of the child are dead or that neither parent can be
found in the province or city and that the child has no guardian residing therein.
264 | M a r t i n e z
Art. 146. Representation of Child. - If it appears that neither of the parents nor the guardian of the child can be found in the province or city, it shall
be the duty of the court to appoint some suitable person to represent him.
Art. 147. Duty of Fiscal. - The provincial or city fiscal shall appear for the State, seeing to it that there has been due notice to all parties concerned
and that there is justification for the declaration of dependency, abandonment or neglect.
The legal services section of the Department of Social Welfare, any recognized legal association, or any appointed de officio counsel shall prepare
the petition for the Secretary of the Department of Social Welfare, his representative or the head of the duly licensed child placement agency, or the
duly licensed individual and represent him in court in all proceedings arising under the provisions of this Chapter.
Art. 148. Hearing. - During the hearing of the petition, the child shall be brought before the court, which shall investigate the facts and ascertain
whether he is dependent, abandoned, or neglected, and, if so, the cause and circumstances of such condition. In such hearing, the court shall not
be bound by the technical rules of evidence.
Failure to provide for the child's support for a period of six months shall be presumptive evidence of the intent to abandon.
Art. 149. Commitment of Child. - If, after the hearing, the child is found to be dependent, abandoned, or neglected, an order shall be entered
committing him to the care and custody of the Department of Social Welfare or any duly licensed child placement agency or individual.
Art. 150. When Child May Stay In His Own Home. - If in the court's opinion the cases of the abandonment or neglect of any child may be remedied,
it may permit the child to stay in his own home and under the care and control of his own parents or guardian, subject to the supervision and
direction of the Department of Social Welfare.
When it appears to the court that it is no longer for the best interests of such child to remain with his parents or guardian, it may commit the child in
accordance with the next preceding article.
Art. 151. Termination of Rights of Parents. - When a child shall have been committed to the Department of Social Welfare or any duly licensed child
placement agency or individual pursuant to an order of the court, his parents or guardian shall thereafter exercise no authority over him except
upon such conditions as the court may impose.
Art. 152. Authority of Person, Agency or Institution. - The Department of Social Welfare or any duly licensed child placement agency or individual
receiving a child pursuant to an order of the court shall be the legal guardian and entitled to his legal custody and control, be responsible for his
support as defined by law, and when proper, shall have authority to give consent to his placement, guardianship and/or adoption.
Art. 153. Change of Custody. - The Department of Social Welfare shall have the authority to change the custody of a child committed to and duly
licensed child placement agency or individual if it appears that such change is for the best interests of the child. However, when conflicting interests
arise among child placement agencies the court shall order the change of commitment of the child.
Art. 154. Voluntary Commitment of a Child to an Institution. - The parent or guardian of a dependent, abandoned or neglected child may voluntarily
commit him to the Department of Social Welfare or any duly licensed child placement agency or individual subject to the provisions of the next
succeeding articles.
Art. 155. Commitment Must Be in Writing. - No child shall be committed pursuant to the preceding article unless he is surrendered in writing by his
parents or guardian to the care and custody of the Department of Social Welfare or duly licensed child placement agency. In case of the death or
legal incapacity of either parent or abandonment of the child for a period of at least one year, the other parent alone shall have the authority to
make the commitment. The Department of Social Welfare, or any proper and duly licensed child placement agency or individual shall have the
authority to receive, train, educate, care for or arrange appropriate placement of such child.
Art. 156. Legal Custody. - When any child shall have been committed in accordance with the preceding article and such child shall have been
accepted by the Department of Social Welfare or any duly licensed child placement agency or individual, the rights of his natural parents, guardian,
or other custodian to exercise parental authority over him shall cease.
Such agency or individual shall be entitled to the custody and control of such child during his minority, and shall have authority to care for, educate,
train and place him out temporarily or for custody and care in a duly licensed child placement agency. Such agency or individual may intervene in
adoption proceedings in such manner as shall best inure to the child's welfare.
Art. 157. Visitation or Inspection. - Any duly licensed child placement agency or individual receiving a judicial order or by voluntary commitment by
his parents or guardian shall be subject to visitation or inspection by a representative of the court or of the Department of Social Welfare or both, as
the case may be.
265 | M a r t i n e z
Art. 158. Report of Person or Institution. - Any duly licensed child placement agency or individual receiving a child for commitment may at any time
be required by the Department of Social Welfare to submit a report, copy furnished the court, containing all necessary information for determining
whether the welfare of the child is being served.
Art. 159. Temporary Custody of Child. - Subject to regulation by the Department of Social Welfare and with the permission of the court in case of
judicial commitment, the competent authorities of any duly licensed child placement agency or individual to which a child has been committed may
place him in the care of any suitable person, at the latter's request, for a period not exceeding one month at a time.
The temporary custody of the child shall be discontinued if it appears that he is not being given proper care, or at his own request, or at the
instance of the agency or person receiving him.
Art. 160. Prohibited Acts. - It shall be unlawful for any child to leave the person or institution to which he has been judicially or voluntarily committed
or the person under whose custody he has been placed in accordance with the next preceding article, or for any person to induce him to leave such
person or institution, except in case of grave physical or moral danger, actual or imminent, to the child.
Any violation of this article shall be punishable by an imprisonment of not more than one year or by a fine of not more than two thousand pesos, or
both such fine and imprisonment at the discretion of the court: Provided, That if the violation is committed by a foreigner, he shall also be subject to
deportation.
If the violation is committed by a parent or legal guardian of the child, such fact shall aggravate or mitigate the offense as circumstances shall
warrant.
Art. 161. Duty to Report Abandonment. - When the parents or persons entitled to act as guardian of a child are dead or, if living, have abandoned
him, for no valid reason, for at least six months in a duly licensed child placement agency or hospital, or left him with any other person for the same
period without providing for his care and support, such fact shall be reported immediately to the Department of Social Welfare. In case of a child left
in a hospital immediate transfer of the child to the Department of Social Welfare or any duly licensed child placement agency must be arranged.
The Department of Social Welfare shall make provisions for the adequate care and support of the child and shall take such action as it may deem
proper for his best interests.
Art. 162. Adoption of Dependent or Abandoned or Neglected Child. - Upon the filing of an application by any person to adopt a dependent,
abandoned or neglected child in the custody of any institution or individual mentioned in Article 156, it shall be the duty of the provincial or city
fiscal, any recognized legal association, or any appointed de officio counsel upon being informed of such fact, to represent the Department of
Social Welfare in the proceedings. The costs of such proceedings shall be de officio.
Art. 163. Restoration of Child After Involuntary Commitment. - The parents or guardian of a child committed to the care of a person, agency or
institution by judicial order may petition the proper court for the restoration of his rights over the child: Provided, That the child in the meantime, has
not been priorily given away in adoption nor has left the country with the adopting parents or the guardian. The petition shall be verified and shall
state that the petitioner is now able to take proper care and custody of said child.
Upon receiving the petition, the court shall fix the time for hearing the questions raised thereby and cause reasonable notice thereof to be sent to
the petitioner and to the person, agency or institution to which the child has been committed. At the trial, any person may be allowed, at the
discretion of the court, to contest the right to the relief demanded, and witnesses may be called and examined by the parties or by the court motu
proprio. If it is found that the cause for the commitment of the child no longer exists and that the petitioner is already able to take proper care and
custody of the child, the court, after taking into consideration the best interests and the welfare of the child, shall render judgment restoring parental
authority to the petitioner.
Art. 164. Restoration After Voluntary Commitment. Upon petition filed with the Department of Social Welfare the parent or parents or guardian who
voluntarily committed a child may recover legal custody and parental authority over him from the agency, individual or institution to which such child
was voluntarily committed when it is shown to the satisfaction of the Department of Social Welfare that the parent, parents or guardian is in a
position to adequately provide for the needs of the child: Provided, That, the petition for restoration is filed within six months after the surrender.
In all cases, the person, agency or institution having legal custody of the child shall be furnished with a copy of the petition and shall be given the
opportunity to be heard.
Art. 165. Removal of Custody. - A petition to transfer custody of a child may be filed against a person or child welfare agency to whose custody a
child has been committed by the court based on neglect of such child as defined in Article 141(3). If the court, after notice and hearing, is satisfied
that the allegations of the petition are true and that it is for the best interest and welfare of the child the court shall issue an order taking him from
the custody of the person or agency, as the case may be, and committing him to the custody of another duly licensed child placement agency or
individual.
The license of the agency or individual found guilty of such neglect may be suspended or revoked, as the court may deem proper, in the same
proceeding.
266 | M a r t i n e z
Art. 166. Report of Maltreated or Abused Child. - All hospitals, clinics and other institutions as well as private physicians providing treatment shall,
within forty-eight hours from knowledge of the case, report in writing to the city or provincial fiscal or to the Local Council for the Protection of
Children or to the nearest unit of the Department of Social Welfare, any case of a maltreated or abused child, or exploitation of an employed child
contrary to the provisions of labor laws. It shall be the duty of the Council for the Protection of Children or the unit of the Department of Social
Welfare to whom such a report is made to forward the same to the provincial or city fiscal.
Violation of this provision shall subject the hospital, clinic, institution, or physician who fails to make such report to a fine of not more than two
thousand pesos.
In cases of sexual abuse, the records pertaining to the case shall be kept strictly confidential and no information relating thereto shall be disclosed
except in connection with any court or official proceeding based on such report. Any person disclosing confidential information in violation of this
provision shall be punished by a fine of not less than one hundred pesos nor more than five thousand pesos, or by imprisonment for not less than
thirty days nor more than one year, or both such fine and imprisonment, at the discretion of the court.
Art. 167. Freedom from Liability of Reporting Person or Institution. - Persons, organizations, physicians, nurses, hospitals, clinics and other entities
which shall in good faith report cases of child abuse, neglect, maltreatment or abandonment or exposure to moral danger be free from any civil or
criminal liability arising therefrom.
Chapter 2
MENTALLY RETARDED, PHYSICALLY HANDICAPPED, EMOTIONALLY DISTURBED AND MENTALLY ILL CHILDREN
Art. 168. Mentally Retarded Children. - Mentally retarded children are (1) socially incompetent, that is, socially inadequate and occupationally
incompetent and unable to manage their own affairs; (2) mentally subnormal; (3) retarded intellectually from birth or early age; (4) retarded at
maturity; (5) mentally deficient as a result of constitutional origin, through hereditary or disease, and (6) essentially incurable.
Art. 169. Classification of Mental Retardation. - Mental Retardation is divided into four classifications:
(1) Custodial Group. The members of this classification are severely or profoundly retarded, hence, the least capable group. This includes those
with I.Q.s to 25.
(2) Trainable Group. The members of this group consist of those with I.Q.s from about 25 to about 50; one who belongs to this group shows a
mental level and rate of development which is 1/4 to 1/2 that of the average child, is unable to acquire higher academic skills, but can usually
acquire the basic skills for living to a reasonable degree. He can likewise attain a primary grade level of education if he receives effective
instruction.
(3) Educable Group. This group's I.Q. ranges from about 50 to about 75, and the intellectual development is approximately 1/2 to 3/4 of that
expected of a normal child of the same chronological age. The degree of success or accomplishment that they will reach in life depends very much
on the quality and type of education they receive, as well as on the treatment at home and in the community. Many of the educable retardates may
reach 5th or 6th grade educational level and can develop occupational skills which may result in partial or complete economic independence in
adulthood.
(4) Borderline or Low Normal Group. This is the highest group of mentally retarded, with I.Q.s from about 75 to about 89. The members of this
classification are only slightly retarded and they can usually get by in regular classes if they receive some extra help, guidance and consideration.
They have to spend much more time with their studies than do most children in order to pass. Those who cannot make it are usually handicapped
by one or more other conditions aside from that of intelligence.
Art. 170. Physically Handicapped Children. - Physically handicapped children are those who are crippled, deaf-mute, blind, or otherwise defective
which restricts their means of action on communication with others.
Art. 171. Emotionally Disturbed Children. - Emotionally disturbed children are those who, although not afflicted with insanity or mental defect, are
unable to maintain normal social relations with others and the community in general due to emotional problems or complexes.
Art. 172. Mentally Ill Children. - Mentally ill children are those with any behavioral disorder, whether functional or organic, which is of such a degree
of severity as to require professional help or hospitalization.
267 | M a r t i n e z
Art. 173. Admission of Disabled Children. - The Department of Social Welfare, upon the application of the parents or guardians and the
recommendation of any reputable diagnostic center or clinic, shall refer and/or admit disabled children to any public or private institution providing
the proper care, training and rehabilitation.
"Disabled children" as used in this Chapter shall include mentally retarded, physically handicapped, emotionally disturbed, and severe mentally ill
children.
Art. 174. Training and Opportunities for Disabled Children. - Specialized educational services shall be expanded and improved to provide
appropriate opportunities for disabled children. Vocational rehabilitation and manpower conservation agencies shall train disabled children for
specialized types of jobs, services and business which could be learned only by them and shall help provide opportunities for their future
occupational placement: That the agencies and organizations engaged in programs and services for the disabled need not be limited to minors.
Persons of legal age may be admitted whenever facilities are available for them.
Art. 175. Planning of Programs and Services. - Selected pilot demonstration projects needed by the disabled children shall be developed and shall
be the basis for planning expanded programs and services throughout the nation. There shall be established area centers designed to bring
together an aggregate of services to serve all ages of the disabled within a specified geographical area.
Art. 176. Donations. - Donations to agencies and organizations engaged in programs and services for disabled children shall be deductible in
accordance with the provision of Presidential Decree No. 507.
Art. 177. Petition for Commitment. - Where a child appears to be mentally retarded, physically handicapped, emotionally disturbed, or mentally ill,
and needs institutional care but his parents or guardians are opposed thereto, the Department of Social Welfare, or any duly licensed child
placement agency or individual shall have the authority to file a petition for commitment of the said child to any reputable institution providing care,
training and rehabilitation for disabled children.
The parents or guardian of the child may file a similar petition in case no immediate placement can be arranged for the disabled child when the
welfare and interest of the child is at stake.
Art. 178. Venue. - The petition for commitment of a disabled child shall be filed with the Juvenile and Domestic Relations Court, if any, or with the
Court of First Instance of the province or City Court where the parent or guardian resides or where the child is found.
Art. 179. Contents of Petition. - The petition for commitment must state so far as known to the petitioner:
(1) The facts showing that the child appears to be mentally retarded, physically handicapped, emotionally disturbed or mentally ill and needs
institutional care;
(2) The Fact that the parents or guardians or any duly licensed disabled child placement agency, as the case may be, has opposed the
commitment of such child;
(3) The name of the parents and their residence, if known or if the child has no parents or parent living, the names and residence of the guardian, if
any; and
(4) The name of the institution where the child is to be committed.
The petition shall be verified and shall be sufficient if based upon the information and belief of the petitioner.
Art. 180. Order of Hearing. - If the petition filed is sufficient in form and substance, the court, by an order reciting the purpose of the petition, shall fix
the date for the hearing thereof, and a copy of such order shall be served on the child alleged to be mentally retarded, or physically handicapped, or
emotionally disturbed, or mentally ill, and on the person having charge of him or any of his relatives residing in the province or city as the judge may
deem proper. The court shall furthermore order the sheriff to produce, if possible, the alleged disabled child on the date of the hearing.
Art. 181. Hearing and Judgment. - Upon satisfactory proof that the institutional care of the child is for him or the public welfare and that his parents,
or guardian or relatives are unable for any reason to take proper care of him, the Court shall order his commitment to the proper institution for
disabled children.
Art. 182. Disposition of Property or Money. - The Court, in its order of commitment, shall make proper provisions for the custody of property or
money belonging to the committed child.
Art. 183. Findings and Other Data. - The Court shall furnish the institution to which the child has been committed with a copy of its judgment,
together with all the social and other data pertinent to the case.
Art. 184. Expenses. - The expense of maintaining a disabled child in the institution to which he has been committed shall be borne primarily by the
parents or guardian and secondarily, by such disabled child, if he has property of his own.
268 | M a r t i n e z
In all cases where the expenses for the maintenance of the disabled child cannot be paid in accordance with the next preceding paragraph, the
same, or such part thereof as may remain unpaid, shall be borne by the Department of Social Welfare.
Art. 185. Children With Cerebral Palsy. - Children afflicted with cerebral palsy shall be committed to the institution which under the circumstances of
the particular child concerned is best equipped to treat and care for him.
Art. 186. Discharge of Child Judicially Committed. - The Court shall order the discharge of any child judicially committed to an institution for
disabled children if it is certified by the Department of Social Welfare that:
(1) He has been certified by the duly licensed disabled child placement agency to be no longer a hazard to himself or to the community;
(2) He has been sufficiently rehabilitated from his physical handicap or, if of work age, is already fit to engage in a gainful occupation; or
(3) He has been relieved of his emotional problems and complexes and is ready to assume normal social relations.
Art. 187. Discharge of Child Voluntarily Committed. - Any child voluntarily committed to an institution for disabled children may be discharged by the
Department of Social Welfare motu proprio or upon the request of his parents or guardian on any of the grounds specified in the preceding article.
In the latter case, the Department of Social Welfare may refuse to discharge the child if, in its opinion, his release would be prejudicial to him or to
the community.
Art. 188. Assistance of Fiscal. - The provincial or city fiscal shall represent the Department of Social Welfare or any recognized legal association in
all judicial matters arising under the provisions of this Chapter.
Chapter 3
YOUTHFUL OFFENDERS
Art. 189. Youthful Offender Defined. - A youthful offender is one who is over nine years but under twenty-one years of age at the time of the
commission of the offense.
A child nine years of age or under at the time of the offense shall be exempt from criminal liability and shall be committed to the care of his or her
father or mother, or nearest relative or family friend in the discretion of the court and subject to its supervision. The same shall be done for a child
over nine years and under fifteen years of age at the time of the commission of the offense, unless he acted with discernment, in which case he
shall be proceeded against in accordance with Article 192.
The provisions of Article 80 of the Revised Penal Code shall be deemed modified by the provisions of this Chapter.
Art. 190. Physical and Mental Examination. - It shall be the duty of the law-enforcement agency concerned to take the youthful offender,
immediately after his apprehension, to the proper medical or health officer for a thorough physical and mental examination. Whenever treatment for
any physical or mental defect is indicated, steps shall be immediately undertaken to provide the same.
The examination and treatment papers shall form part of the record of the case of the youthful offender.
Art. 191. Care of Youthful Offender Held for Examination or Trial. - A youthful offender held for physical and mental examination or trial or pending
appeal, if unable to furnish bail, shall from the time of his arrest be committed to the care of the Department of Social Welfare or the local
rehabilitation center or a detention home in the province or city which shall be responsible for his appearance in court whenever required: Provided,
That in the absence of any such center or agency within a reasonable distance from the venue of the trial, the provincial, city and municipal jail shall
provide quarters for youthful offenders separate from other detainees. The court may, in its discretion, upon recommendation of the Department of
Social Welfare or other agency or agencies authorized by the Court, release a youthful offender on recognizance, to the custody of his parents or
other suitable person who shall be responsible for his appearance whenever required.
Art. 192. Suspension of Sentence and Commitment of Youthful Offender. - If after hearing the evidence in the proper proceedings, the court should
find that the youthful offender has committed the acts charged against him the court shall determine the imposable penalty, including any civil
liability chargeable against him. However, instead of pronouncing judgment of conviction, the court shall suspend all further proceedings and shall
commit such minor to the custody or care of the Department of Social Welfare, or to any training institution operated by the government, or duly
licensed agencies or any other responsible person, until he shall have reached twenty-one years of age or, for a shorter period as the court may
269 | M a r t i n e z
deem proper, after considering the reports and recommendations of the Department of Social Welfare or the agency or responsible individual under
whose care he has been committed.
The youthful offender shall be subject to visitation and supervision by a representative of the Department of Social Welfare or any duly licensed
agency or such other officer as the Court may designate subject to such conditions as it may prescribe.
Art. 193. Appeal. - The youthful offender whose sentence is suspended can appeal from the order of the court in the same manner as appeals in
criminal cases.
Art. 194. Care and Maintenance of Youthful Offender. - The expenses for the care and maintenance of the youthful offender whose sentence has
been suspended shall be borne by his parents or those persons liable to support him: Provided, That in case his parents or those persons liable to
support him can not pay all or part of said expenses, the municipality in which the offense was committed shall pay one-third of said expenses or
part thereof; the province to which the municipality belongs shall pay one-third; and the remaining one-third shall be borne by the National
Government. Chartered cities shall pay two-thirds of said expenses; and in case a chartered city cannot pay said expenses, part of the internal
revenue allotments applicable to the unpaid portion shall be withheld and applied to the settlement of said indebtedness.
All city and provincial governments must exert efforts for the immediate establishment of local detention homes for youthful offenders.
Art. 195. Report on Conduct of Child. - The Department of Social Welfare or its representative or duly licensed agency or individual under whose
care the youthful offender has been committed shall submit to the court every four months or oftener as may be required in special cases, a written
report on the conduct of said youthful offender as well as the intellectual, physical, moral, social and emotional progress made by him.
Art. 196. Dismissal of the Case. - If it is shown to the satisfaction of the court that the youthful offender whose sentence has been suspended, has
behaved properly and has shown his capability to be a useful member of the community, even before reaching the age of majority, upon
recommendation of the Department of Social Welfare, it shall dismiss the case and order his final discharge.
Art. 197. Return of the Youth Offender to Court. - Whenever the youthful offender has been found incorrigible or has willfully failed to comply with
the conditions of his rehabilitation programs, or should his continued stay in the training institution be inadvisable, he shall be returned to the
committing court for the pronouncement of judgment.
When the youthful offender has reached the age of twenty-one while in commitment, the court shall determine whether to dismiss the case in
accordance with the next preceding article or to pronounce the judgment of conviction.
In any case covered by this article, the youthful offender shall be credited in the service of his sentence with the full time spent in actual
commitment and detention effected under the provisions of this Chapter.
Art. 198. Effect of Release of Child Based on Good Conduct. - The final release of a child pursuant to the provisions of this Chapter shall not
obliterate his civil liability for damages. Such release shall be without prejudice to the right for a writ of execution for the recovery of civil damages.
Art. 199. Living Quarters for Youthful Offenders Sentence. - When a judgment of conviction is pronounced in accordance with the provisions of
Article 197, and at the time of said pronouncement the youthful offender is still under twenty-one, he shall be committed to the proper penal
institution to serve the remaining period of his sentence: Provided, That penal institutions shall provide youthful offenders with separate quarters
and, as far as practicable, group them according to appropriate age levels or other criteria as will insure their speedy rehabilitation: Provided,
further, That the Bureau of Prisons shall maintain agricultural and forestry camps where youthful offenders may serve their sentence in lieu of
confinement in regular penitentiaries.
Art. 200. Records of Proceedings. - Where a youthful offender has been charged before any city or provincial fiscal or before any municipal judge
and the charges have been ordered dropped, all the records of the case shall be destroyed immediately thereafter.
Where a youthful offender has been charged and the court acquits him, or dismisses the case or commits him to an institution and subsequently
releases him pursuant to this Chapter, all the records of his case shall be destroyed immediately after such acquittal, dismissal or release, unless
civil liability has also been imposed in the criminal action, in which case such records shall be destroyed after satisfaction of such civil liability. The
youthful offender concerned shall not be held under any provision of law, to be guilty of perjury or of concealment or misrepresentation by reason of
his failure to acknowledge the case or recite any fact related thereto in response to any inquiry made of him for any purpose.
"Records" within the meaning of this article shall include those which may be in the files of the National Bureau of Investigation and with any police
department, or any other government agency which may have been involved in the case.
Art. 201. Civil Liability of Youthful Offenders. - The civil liability for acts committed by a youthful offender shall devolve upon the offender's father
and, in case of his death or incapacity, upon the mother, or in case of her death or incapacity, upon the guardian. Civil liability may also be
voluntarily assumed by a relative or family friend of the youthful offender.
270 | M a r t i n e z
Art. 202. Rehabilitation Centers. - The Department of Social Welfare shall establish regional rehabilitation centers for youthful offenders. The local
government and other non-governmental entities shall collaborate and contribute their support for the establishment and maintenance of these
facilities.
Art. 203. Detention Homes. - The Department of Local Government and Community Development shall establish detention homes in cities and
provinces distinct and separate from jails pending the disposition of cases of juvenile offenders.
Art. 204. Liability of Parents or Guardian or Any Person in the Commission of Delinquent Acts by Their Children or Wards. - A person whether the
parent or guardian of the child or not, who knowingly or willfully,
(1) Aids, causes, abets or connives with the commission by a child of a delinquency, or
(2) Does any act producing, promoting, or contributing to a child's being or becoming a juvenile delinquent, shall be punished by a fine not
exceeding five hundred pesos or to imprisonment for a period not exceeding two years, or both such fine and imprisonment, at the discretion of the
court.
TITLE IX
COUNCIL FOR THE WELFARE OF CHILDREN AND YOUTH
Chapter 1
CREATION AND COMPOSITION
Art. 205. Creation of the Council for the Welfare of Children. - A Council for the Welfare of Children is hereby established under the Office of
President. The Council shall be composed of the Secretary of Social Welfare as Chairman, and seven members, namely: The Secretary of Justice,
the Secretary of Labor, the Secretary of Education and Culture, the Secretary of Health, the Presiding Judge of the Juvenile and Domestic
Relations Court, City of Manila, and two representatives of voluntary welfare associations to be appointed by the President of the Philippines, each
of whom shall hold office for a term two years.
There shall be a permanent Secretariat for the Council headed by an Executive Director, to be appointed by the Chairman and approved by a
majority of the members of the Council.
For actual attendance at regular meetings, the Chairman and each member of the Council shall receive a per diem of one hundred pesos for every
meeting actually attended, but the total amount of per diem that the Chairman and a member may receive in a month shall in no case exceed five
hundred pesos.
Art. 206. Appropriation. - The sum of five million pesos is hereby appropriated, out of any funds in the National Treasury not otherwise
appropriated, for the operation and maintenance of the Council for the Welfare of Children and Youth during the fiscal year. Thereafter, such sums
as may be necessary for its operation and maintenance shall be included in the General Appropriations Decree.
Chapter 2
POWERS AND RESPONSIBILITIES
Art. 207. Powers and Functions. - The Council for the Welfare of Children and Youth shall have the following powers and functions:
(1) To coordinate the implementation and enforcement of all laws relative to the promotion of child and youth welfare;
271 | M a r t i n e z
(2) To prepare, submit to the President and circulate copies of long-range programs and goals for the physical, intellectual , emotional, moral,
spiritual, and social development of children and youth, and to submit to him an annual report of the progress thereof;
(3) To formulate policies and devise, introduce, develop and evaluate programs and services for the general welfare of children and youth;
(4) To call upon and utilize any department, bureau, office, agency, or instrumentality, public, private or voluntary, for such assistance as it may
require in the performance of its functions;
(5) Perform such other functions as provided by law.
Art. 208. Offices to Coordinate with the Council for Welfare of Children. - The following offices and agencies shall coordinate with the Council for
the Welfare of Children and Youth in the implementation of laws and programs on child and youth welfare:
(1) Department of Justice
(2) Department of Social Welfare
(3) Department of Education and Culture
(4) Department of Labor
(5) Department of Health
(6) Department of Agriculture
(7) Department of Local Government and Community Development;
(8) Local Councils for the Protection of Children; and such other government and private agencies which have programs on child and youth welfare.
Existing as well as proposed programs of the above-named agencies as well as other government and private child and youth welfare agencies as
may be hereafter created shall be implemented by such agencies: Provided, That, with the exception of those proposed by the Local Councils for
the Protection of Children, all long-range child and youth welfare programs shall, before implementation, be indorsed by the agencies concerned to
their respective departments, which shall in turn indorse the same to the Council for the Welfare on Children and Youth, for evaluation, cooperation
and coordination.
Chapter 3
IMPLEMENTATION OF CODE AND RULE-MAKING AUTHORITY
Art. 209. Implementation of this Code and Rule-Making Authority. - The enforcement and implementation of this Code shall be the primary
responsibility of the Council for the Welfare of Children. Said Council shall have authority to promulgate the necessary rules and regulations for the
purpose of carrying into effect the provisions of this Code.
FINAL PROVISIONS
Art. 210. General Penalty. - Violations of any provisions of this Code for which no penalty is specifically provided shall be punished by imprisonment
not exceeding one month or a fine not exceeding two hundred pesos, or both such fine and imprisonment at the discretion of the court, unless a
higher penalty is provided for in the Revised Penal Code or special laws.
Art. 211. Repealing Clause. - All laws or parts of any laws inconsistent with the provisions of this Code are hereby repealed or modified accordingly:
Provided, That the provisions of the Dangerous Drugs Act of 1972 and amendments thereto shall continue to be in force and shall not be deemed
modified or repealed by any provision of this Code.
272 | M a r t i n e z
Art. 212. Separability Clause. - If any provision of this Code is held invalid, the other provisions not affected thereby shall continue in operation.
Art. 213. Effectivity Clause. - This Code shall take effect six months after its approval.
Done in the City of Manila, this 10th day of December, in the year of Our Lord, nineteen hundred and seventy-four.
A DECREE TO ORDAIN AND PROMULGATE A CODE RECOGNIZING THE SYSTEM OF FILIPINO MUSLIM LAWS, CODIFYING MUSLIM
PERSONAL LAWS, AND PROVIDING FOR ITS ADMINISTRATION AND FOR OTHER PURPOSES.
WHEREAS, pursuant to the spirit of the provision of the Constitution of the Philippines that, in order to promote the advancement and effective
participation of the National Cultural Communities in the building of the New Society, the State shall consider their customs, traditions, beliefs and
interests in the formulation and implementation of its policies;
WHEREAS, Islamic law and its principles of equity and justice, to which the Filipino Muslim communities adhere, provide an essential basis for the
fuller development of said communities in relation to the search for harmonious relations of all segments of the Filipino nation to enhance national
unity;
WHEREAS, the enforcement, with the full sanction of the State, of the legal system of the Filipino Muslims shall redound to the attainment of a
more ordered life amongst them;
WHEREAS, it is the intense desire of the New Society to strengthen all the ethno-linguistic communities in the Philippines within the context of their
respective ways of life in order to bring about a cumulative result satisfying the requirements of national solidarity and social justice;
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Republic of the Philippines, by virtue of the powers vested in me by the
Constitution of the Philippines, do hereby ordain and promulgate the "Code of Muslim Personal Laws of the Philippines" as part of the law of the
land hereby decree:
BOOK ONE
General Provisions
TITLE I
Title and Purposes of Code
Article 1. Title. This decree shall be known as the "Code of Muslim Personal Laws of the Philippines."
Art. 2. Purpose of Code. Pursuant to Section 11 of Article XV of the Constitution of the Philippines, which provides that "The State shall consider
the customs, traditions, beliefs and interests of national cultural communities in the formulation and implementation of state policies," this Code:
(a) Recognizes the legal system of the Muslims in the Philippines as part of the law of the land and seeks to make Islamic institutions more
effective;
(b) Codifies Muslim personal laws; and .
(c) Provides for an effective administration and enforcement of Muslim personal laws among Muslims.
273 | M a r t i n e z
TITLE II
Construction of Code and Definition of Terms
Art. 3. Conflict of provisions. (1) In case of conflict between any provision of this Code and laws of general application, the former shall prevail.
(2) Should the conflict be between any provision of this Code and special laws or laws of local application, the latter shall be liberally construed in
order to carry out the former.
(3) The provisions of this Code shall be applicable only to Muslims and nothing herein shall be construed to operate to the prejudice of a non-
Muslim.
Art. 4. Construction and interpretation. (1) In the construction and interpretation of this Code and other Muslim laws, the court shall take into
consideration the primary sources of Muslim law.
(2) Standard treatises and works on Muslim law and jurisprudence shall be given persuasive weight in the interpretation of Muslim law.
Art. 5. Proof of Muslim law and 'ada. Muslim law and 'ada not embodied in this Code shall be proven in evidence as a fact. No 'ada which is
contrary to the Constitution of the Philippines, this Code, Muslim law, public order, public policy or public interest shall be given any legal effect.
Art. 6. Conflict in Islamic schools of law. (1) Should there be any conflict among the orthodox (Sunni) Muslim schools of law (Madhahib), that
which is in consonance with the Constitution of the Philippines, this Code, public order, public policy and public interest shall be given effect.
(2) The Muslim schools of law shall, for purposes of this Code, be the Hanfi, the Hanbali, the Maliki and the Shafi'i.
Art. 7. Definition of terms. Unless the context otherwise provides:
(a) "Agama Arbitration Council" means a body composed of the Chairman and a representative of each of the parties to constitute a council to take
all necessary steps for resolving conflicts between them.
(b) "Ada" means customary law.
(c) "General Register" means the General Register of marriages, divorces, revocation of divorces, conversion and such other deeds or instruments
kept by the Registrar under this Code..
(d) "Ihram" signifies the state of ritual consecration of a person while on pilgrimage to Mecca.
(e) "Madhhab" (plural, Madhahib) means any of the four orthodox (Sunni) schools of Muslim law.
(f) "Month" means a period of thirty days.
(g) "Muslim" is a person who testifies to the oneness of God and the Prophethood of Muhammad and professes Islam.
(h) "Muslim Law" (Shari'a) refers to all the ordinances and regulations governing Muslims as found principally in the Qur'an and the Hadith.
(i) "Muslim Personal Law" includes all laws relating to personal status, marriage and divorce, matrimonial and family relations, succession and
inheritance, and property relations between spouses as provided for in this Code.
BOOK TWO
Persons and Family Relations
TITLE I
274 | M a r t i n e z
Civil Personality (Shakhsiyah Madaniya)
Art. 8. Legal capacity. 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.
Art. 9. Restrictions on capacity. The following circumstances, among others, modify or limit capacity to act: age, insanity, imbecility, the state of
being deaf-mute, the condition of death-illness (marad-ul-maut), penalty, prodigality, absence, family relations, alienage, insolvency, and
trusteeship. The consequences of these circumstances are governed by this Code and other Islamic laws and, in a suppletory manner, by other
laws..
Art. 10. Personality, how acquired. Birth determines personality; but the conceived child shall be considered born for all purposes that are
favorable to it, provided it be born alive, however, briefly, at the time it is completely delivered from the mother's womb.
Art. 11. Extinction of personality. (1) Civil personality is extinguished by death. The effect of death upon the rights and obligations of a deceased
person is determined by this Code, by contract, and by will.
(2) After an absence of seven years, it being unknown whether or not the absentee still lives, he shall be presumed dead.
Art. 12. Simultaneous death. If, as between two or more persons who are called to succeed each other, there is a doubt as to which of them died
first, whoever alleges the death of one prior to the other shall prove the same; in the absence of such proof, it is presumed that they died at the
same time and there shall be no transmission of rights from one to the other. However, the successional rights of their respective heirs shall not be
affected..
TITLE II
Marriage and Divorce
CHAPTER I
Applicability Clause
Art. 13. Application. (1) The provisions of this Title shall apply to marriage and divorce wherein both parties are Muslims, or wherein only the
male party is a Muslim and the marriage is solemnized in accordance with Muslim law or this Code in any part of the Philippines.
(2) In case of marriage between a Muslim and a non-Muslim, solemnized not in accordance with Muslim law or this Code, the Civil Code of the
Philippines shall apply. .
(3) Subject to the provisions of the preceding paragraphs, the essential requisites and legal impediments to marriage, divorce, paternity and
filiation, guardianship and custody of minors, support and maintenance, claims for customary dower (mahr), betrothal, breach of contract to marry,
solemnization and registration of marriage and divorce, rights and obligations between husband and wife parental authority, and the properly
relations between husband and wife shall be governed by this Code and other applicable Muslim laws.
CHAPTER II
Marriage (Nikah)
Section 1. Requisites of Marriage.

275 | M a r t i n e z
Art. 14. Nature. Marriage is not only a civil contract but a social institution. Its nature, consequences and incidents are governed by this Code
and the Shari'a and not subject to stipulation, except that the marriage settlements may to a certain extent fix the property relations of the spouses.
Art. 15. Essential requisites. No marriage contract shall be perfected unless the following essential requisites are compiled with:
(a) Legal capacity of the contracting parties;
(b) Mutual consent of the parties freely given;
(c) Offer (ijab) and acceptance (qabul) duly witnessed by at least two competent persons after the proper guardian in marriage (wali) has given his
consent; and
(d) Stipulation of customary dower (mahr) duly witnessed by two competent persons.
Art. 16. Capacity to contract marriage. (1) Any Muslim male at least fifteen years of age and any Muslim female of the age of puberty or upwards
and not suffering from any impediment under the provisions of this Code may contract marriage. A female is presumed to have attained puberty
upon reaching the age of fifteen.
(2) However, the Shari'a District Court may, upon petition of a proper wali, order the solemnization of the marriage of a female who though less
than fifteen but not below twelve years of age, has attained puberty.
(3) Marriage through a wali by a minor below the prescribed ages shall be regarded as betrothal and may be annulled upon the petition of either
party within four years after attaining the age of puberty, provided no voluntary cohabitation has taken place and the wali who contracted the
marriage was other than the father or paternal grandfather..
Art. 17. Marriage ceremony. No particular form of marriage ceremony is required but the ijab and the gabul in marriage shall be declared publicly
in the presence of the person solemnizing the marriage and two competent witnesses. This declaration shall be set forth in an instrument in
triplicate, signed or marked by the contracting parties and said witnesses, and attested by the person solemnizing the marriage. One copy shall be
given to the contracting parties and another sent to the Circuit Registrar by the solemnizing officer who shall keep the third.
Art. 18. Authority to solemnize marriage. Marriage may be solemnized: .
(a) By the proper wali of the woman to be wedded;
(b) Upon authority of the proper wali, by any person who is competent under Muslim law to solemnize marriage; or
(c) By the judge of the Shari'a District Court of Shari'a Circuit Court or any person designated by the judge, should the proper wali refuse without
justifiable reason, to authorize the solemnization.
Art. 19. Place of solemnization. Marriage shall be solemnized publicly in any mosque, office of the Shari'a judge, office of the District or Circuit
Registrar, residence of the bride or her wali, or at any other suitable place agreed upon by the parties.
Art. 20. Specification of dower. The amount or value of dower may be fixed by the contracting parties (marh-musamma) before, during, or after
the celebration of the marriage. If the amount or the value thereof has not been so fixed, a proper dower (mahr-mithl) shall, upon petition of the
wife, be determined by the court according to the social standing of the parties.
Art. 21. Payment of dower. Subject to the stipulation of the parties, the dower may be fully or partially paid before, during, or after the marriage.
The property or estate of the husband shall be liable for the unpaid dower, or any part thereof.
Art. 22. Breach of contract. Any person who has entered into a contract to marry but subsequently refuses without reasonable ground to marry
the other party who is willing to perform the same shall pay the latter the expenses incurred for the preparation of the marriage and such damages
as may be granted by the court.
Section 2. Prohibited Marriages.
Art. 23. Bases of prohibition. No marriage may be contracted by parties within the prohibited degrees:
(a) Of consanguinity;
(b) Of affinity; and
(c) Of fosterage.
276 | M a r t i n e z
Art. 24. Prohibition by consanguinity (tahrimjbin-nasab). No marriage shall be contracted between:
(a) Ascendants and descendants of any degree;
(b) Brothers and sisters, whether germane, consanguine or uterine; and
(c) Brothers or sisters and their descendants within the third civil degree.
Art. 25. Prohibition by affinity (tahrim-bill-musahara). (1) No marriage shall be contracted between:
(a) Any of the spouses and their respective affinal relatives in the ascending line and in the collateral line within the third degree;
(b) Stepfather and stepdaughter when the marriage between the former and the mother of the latter has been consummated;
(c) Stepmother and stepson when the marriage between the former and the father of the latter has been consummated; and
(d) Stepson or stepdaughter and the widow, widower or divorcee of their respective ascendants.
(2) The prohibition under this article applies even after the dissolution of the marriage creating the affinal relationship.
Art. 26. Prohibition due to fosterage (tahrim-bir-rada'a). (1) No person may validly contract marriage with any woman who breastfed him for at
least five times within two years after his birth.
(2) The prohibition on marriage by reason of consanguinity shall likewise apply to persons related by fosterage within the same degrees, subject to
exception recognized by Muslim law.
Section 3. Subsequent Marriages. .
Art. 27. By a husband. Notwithstanding the rule of Islamic law permitting a Muslim to have more than one wife but one wife unless he can deal
with them with equal companionship and just treatment as enjoined by Islamic law and only in exceptional cases.
Art. 28. By widow. No widow shall contract a subsequent marriage unless she has observed an 'idda of four months and ten days counted from
the date of the death of her husband. If at that time the widow is pregnant, she may remarry within a reasonable time after delivery. In such case,
she shall produce the corresponding death certificate.
Art. 29. By divorcee. (1) No woman shall contract a subsequent marriage unless she has observed an 'idda of three monthly courses counted
from the date of divorce. However, if she is pregnant at the time of the divorce, she may remarry only after delivery.
(2) Should a repudiated woman and her husband reconcile during her 'idda, he shall have a better right to take her back without need of a new
marriage contract.
(3) Where it is indubitable that the marriage has not been consummated when the divorce was affected, no 'idda shall be required.
Art. 30. Marriage after three talaq. (1) Where a wife has been thrice repudiated (talaq bain lubra) on three different occasions by her husband, he
cannot remarry her unless she shall have married another person who divorces her after consummation of the intervening marriage and the
expiration of the 'idda.
(2) No solemnizing officer shall perform the subsequent marriage mentioned in the preceding paragraph unless he has ascertained that there was
no collusion among the parties.
Section 4. Batil and Fasi Marriages. .
Art. 31. Batil marriages. The following marriages shall be void (batil) from the beginning:
(a) Those contracted contrary to Articles 23, 24, 25 and 26;
(b) Those contracted in contravention of the prohibition against unlawful conjunction; and
(c) Those contracted by parties one or both of whom have been found guilty of having killed the spouse of either of them.
Art. 32. Fasid marriages. The following marriages shall be irregular (fasid) from their performance:
277 | M a r t i n e z
(a) Those contracted with a female observing 'idda;
(b) Those contracted contrary to Article 30;
(c) Those wherein the consent of either party is vitiated by violence, intimidation, fraud, deceit or misrepresentation;
(d) Those contracted by a party in a condition of death-illness (marad-ul-mault) without the same being consummated;
(e) Those contracted by a party in a state of ihram; and
(f) Mixed marriages not allowed under Islamic law.
Art. 33. Validation of irregular marriages. (1) Irregular marriages may be made regular by a new marriage contract in the following cases:
(a) Those referred to in Article 32(a), after the impediment has been removed;
(b) Those referred to in Article 32(b), upon compliance with the requirement of Article 30;
(c) Those referred to in Article 32(c), after the causes vitiating consent have ceased;
(d) Those referred to in Article 32(d), in case the party recovers;
(e) Those referred to in Article 32(e), when the party is no longer in a state of ihram; and
(f) Those referred to in Article 32(f), after conversion to a faith that could have made the marriage valid.
(2) The effects of the new marriage under the first paragraph shall retroact to the date of the celebration of the irregular marriage.
Section 5. Rights and Obligations Between Spouses.
Art. 34. Mutual rights and obligations. (1) The husband and the wife are obliged to live together, observe mutual respect and fidelity, and render
mutual help and support in accordance with this Code.
(2) When one of the spouses neglects his or her duties to the conjugal union or brings danger, dishonor or material injury upon the other, the
injured party may petition the court for relief. The court may counsel the offender to comply with his or her duties, and take such measures as may
be proper. .
(3) The husband and the wife shall inherit from each other in accordance with this Code.
(4) The husband and the wife shall have the right to divorce in accordance with this Code.
Art. 35. Rights and obligations of the husband. The husband shall fix the residence of the family. The court may exempt the wife from living with
her husband on any of the following grounds:
(a) Her dower is not satisfied in accordance with the stipulations; or
(b)The conjugal dwelling is not in keeping with her social standing or is, for any reason, not safe for the members of the family or her property.
Art. 36. Rights and obligations of the wife. (1) The wife shall dutifully manage the affairs of the household. She may purchase things necessary
for the maintenance of the family, and the husband shall be bound to reimburse the expenses, if he has not delivered the proper sum. .
(2) The wife cannot, without the husband's consent, acquire any property by gratuitous title, except from her relatives who are within the prohibited
degrees in marriage.
(3) The wife may, with her husband's consent, exercise any profession or occupation or engage in lawful business which is in keeping with Islamic
modesty and virtue. However, if the husband refuses to give his consent on the ground that his income is sufficient for the family according to its
social standing or his opposition is based on serious and valid grounds, the matter shall be referred to the Agama Arbitration Council.
(4) The wife shall have the right to demand the satisfaction of her mahr.
(5) Unless otherwise stipulated in the marriage settlements, the wife retain ownership and administration of her exclusive property.
(6) The wife shall be entitled to an equal and just treatment by the husband.
278 | M a r t i n e z
Section 6. Property Relations Between Spouses.
Art. 37. How governed. The property relations between husband and wife shall be governed in the following order:
(a) By contract before or at the time of the celebration of marriage;
(b) By the provisions of this Code; and
(c) By custom.
Art. 38. Regime of property relations. The property relations between the spouses, in the absence of any stipulation to the contrary in the
marriage settlements or any other contract, shall be governed by the regime of complete separation of property in accordance with this Code and,
in a suppletory manner, by the general principles of Islamic law and the Civil Code of the Philippines.
Art. 39. Stipulation in the marriage settlements. Every stipulation in the marriage settlements or contract referred to in the preceding article shall
be void and without effect whatsoever, should the marriage not take place. However, stipulations that do not depend upon the contract of marriage
shall be valid.
Art. 40. Ante-nuptial property. The wife shall not lose ownership and administration of all properties brought by her to the marriage in the
absence of any written agreement to the contrary, and she may dispose of the same by deed or otherwise even without the consent of her
husband.
Art. 41. Exclusive property of each spouse. The following shall be the exclusive property of either spouse:
(a) Properties brought to the marriage by the husband or the wife;
(b) All income derived by either spouse from any employment, occupation or trade;
(c) Any money or property acquired by either spouse during marriage by lucrative title;
(d) The dower (mahr) of the wife and nuptial gifts to each spouse;
(e) Properties acquired by right of redemption, purchase or exchange of the exclusive property of either; and
(f) All fruits of properties in the foregoing paragraphs.
Art. 42. Ownership and administration. Each spouse shall own, possess, administer, enjoy and dispose of his or her own exclusive estate even
without the consent of the other. However, the court may, upon petition of either spouse, grant to the other the administration of such property. .
Art. 43. Household property. Household property which customarily pertains to or is used by either spouse shall be prima facie presumed to be
the property of said spouse.
Art. 44. Right to sue and be sued. The wife may, independently of the husband, sue or be sued in the following cases:
(a) When the litigation is between husband and wife;
(b) If the suit concerns her exclusive property;
(c) If the litigation is incidental to her profession, occupation or business;
(d) If the litigation concerns the exclusive property of the husband, the administration of which has been transferred to her; or
(e) Such other appropriate cases as may be followed by the general principles of Islamic law and other laws.
CHAPTER III
Divorce (Talaq)
279 | M a r t i n e z
Section 1. Nature and Form.
Art. 45. Definition and forms. Divorce is the formal dissolution of the marriage bond in accordance with this Code to be granted only after the
exhaustion of all possible means of reconciliation between the spouses. It may be effected by:
(a) Repudiation of the wife by the husband (talaq);
(b) Vow of continence by the husband (ila);
(c) Injurious assanilation of the wife by the husband (zihar);
(d) Acts of imprecation (li'an);
(e) Redemption by the wife (khul');
(f) Exercise by the wife of the delegated right to repudiate (tafwld); or
(g) Judicial decree (faskh).
Art. 46. Divorce by talaq. (1) A divorce by talaq may be effected by the husband in a single repudiation of his wife during her non-menstrual
period (tuhr) within which he has totally abstained from carnal relation with her. Any number of repudiation made during one tuhr shall constitute
only one repudiation and shall become irrevocable after the expiration of the prescribed 'idda.
(2) A husband who repudiates his wife, either for the first or second time, shall have the right to take her back (ruju) within the prescribed 'idda by
resumption of cohabitation without need of a new contract of marriage. Should he fail to do so, the repudiation shall become irrevocable (Talaq bain
sugra).
Art. 47. Divorce by Ila. Where a husband makes a vow to abstain from any carnal relations (ila) with his wife and keeps such ila for a period of
not less than four months, she may be granted a decree of divorce by the court after due notice and hearing.
Art. 48. Divorce by zihar. Where the husband has injuriously assimilated (zihar) his wife to any of his relatives within the prohibited degrees of
marriage, they shall mutually refrain from having carnal relation until he shall have performed the prescribed expiation. The wife may ask the court
to require her husband to perform the expiation or to pronounce the a regular talaq should he fail or refuse to do so, without prejudice to her right of
seeking other appropriate remedies.
Art. 49. Divorce by li'an. Where the husband accuses his wife in court of adultery, a decree of perpetual divorce may be granted by the court
after due hearing and after the parties shall have performed the prescribed acts of imprecation (li'an).
Art. 50. Divorce by khul'. The wife may, after having offered to return or renounce her dower or to pay any other lawful consideration for her
release (khul') from the marriage bond, petition the court for divorce. The court shall, in meritorious cases and after fixing the consideration, issue
the corresponding decree.
Art. 51. Divorce by tafwid. If the husband has delegated (tafwid) to the wife the right to effect a talaq at the time of the celebration of the marriage
or thereafter, she may repudiate the marriage and the repudiation would have the same effect as if it were pronounced by the husband himself.
Art. 52. Divorce by faskh. The court may, upon petition of the wife, decree a divorce by faskh on any of the following grounds :
(a) Neglect or failure of the husband to provide support for the family for at least six consecutive months;
(b) Conviction of the husband by final judgment sentencing him to imprisonment for at least one year; .
(c) Failure of the husband to perform for six months without reasonable cause his marital obligation in accordance with this code;
(d) Impotency of the husband;
(e) Insanity or affliction of the husband with an incurable disease which would make the continuance of the marriage relationship injurious to the
family;
(f)Unusual cruelty of the husband as defined under the next succeeding article; or
(g) Any other cause recognized under Muslim law for the dissolution of marriage by faskh either at the instance of the wife or the proper wali..
280 | M a r t i n e z
Art. 53. Faskh on the ground of unusual cruelty. A decree offaskh on the ground of unusual cruelty may be granted by the court upon petition of
the wife if the husband:
(a) Habitually assaults her or makes her life miserable by cruel conduct even if this does not result in physical injury;
(b) Associates with persons of ill-repute or leads an infamous life or attempts to force the wife to live an immoral life;
(c) Compels her to dispose of her exclusive property or prevents her from exercising her legal rights over it;
(d) Obstructs her in the observance of her religious practices; or
(e) Does not treat her justly and equitably as enjoined by Islamic law.
Art. 54. Effects of irrevocable talaq or faskh. A talaq or faskh, as soon as it becomes irrevocable, shall have the following effects:
(a) The marriage bond shall be severed and the spouses may contract another marriage in accordance with this Code;
(b) The spouses shall lose their mutual rights of inheritance;
(c) The custody of children shall be determined in accordance with Article 78 of this code;
(d)The wife shall be entitled to recover from the husband her whole dower in case the talaq has been affected after the consummation of the
marriage, or one-half thereof if effected before its consummation; .
(e) The husband shall not be discharged from his obligation to give support in accordance with Article 67; and
(f) The conjugal partnership, if stipulated in the marriage settlements, shall be dissolved and liquidated.
Art. 55.Effects of other kinds of divorce. The provisions of the article immediately preceding shall apply to the dissolution, of marriage by ila,
zihar, li'an and khul', subject to the effects of compliance with the requirements of the Islamic law relative to such divorces.
Section 2. 'Idda.
Art. 56. 'Idda defined. 'Idda is the period of waiting prescribed for a woman whose marriage has been dissolved by death or by divorce the
completion of which shall enable her to contract a new marriage.
Art. 57. Period. (1) Every wife shall be obliged to observe 'idda as follows:
(a) In case of dissolution of marriage by death, four months and ten days counted from the death of her husband;
(b) In case of termination of marriage by divorce, for three monthly courses; or
(c) In case of a pregnant women, for a period extending until her delivery.
(2) Should the husband die while the wife is observing 'idda for divorce, another 'idda for death shall be observed in accordance with paragraph
1(a).
TITLE III
Paternity and Filiation
Art. 58. Legitimacy, how established. Legitimacy of filiation is established by evidence of valid marriage between the father and the mother at the
time of the conception of the child.
Art. 59. Legitimate children. (1) Children conceived in lawful wedlock shall be presumed to be legitimate. Whoever claims illegitimacy of or
impugns such filiation must prove his allegation.
281 | M a r t i n e z
(2) Children born after six months following the consummation of marriage or with two years after the dissolution of the marriage shall be presumed
to be legitimate. Against this presumption no evidence shall be admitted other than that of the physical impossibility of access between the parents
at or about the time of the conception of the child.
Art. 60. Children of subsequent marriage. Should the marriage be dissolved and the wife contracts another marriage after the expiration of her
'IDDA, the child born within six months from the dissolution of the prior marriage shall be presumed to have been conceived during the former
marriage, and if born thereafter, during the latter.
Art. 61. Pregnancy after dissolution. If, after the dissolution of marriage, the wife believes that she is pregnant by her former husband, she shall,
within thirty days from the time she became aware of her pregnancy, notify the former husband or his heirs of that fact. The husband or his heirs
may ask the court to take measures to prevent a simulation of birth.
Art. 62. Rights of legitimate child. A legitimate child shall have the right:
(a) To bear the surnames of the father and of the mother;
(b) To receive support from the father or, in his default, from his heirs in accordance with Articles 65 and 68; and
(c) To share in the legitimate (furud) and other successional rights which this Code recognizes in his favor.
Art. 63. Acknowledgment by father. Acknowledgment (igra) of a child by the father shall establish paternity and confer upon each the right inherit
from the other exclusively in accordance with Article 94, provided the following conditions are complied with:
(a) The acknowledgment is manifested by the father's acceptance in public that he is the father of the child who does not impugn it; and
(b) The relations does not appear impossible by reason of disparity in age.
Art. 64. Adoption. No adoption in any form shall confer upon any person the status and rights of a legitimate child under Muslim law, except that
said person may receive a gift (hiba)..
TITLE IV
Support (Nafaqa)
Art. 65. Support defined. Support (nafaqa) includes everything that is indispensable for sustenance, dwelling, clothing and medical attendance
according to the social standing of the person obliged to give it, and the education of the person entitled to the support until he completes his
education, training, or vocation even beyond the age of majority.
Art. 66. Amount. The amount of support shall be in proportion to the resources of the giver and to the needs of the recipient.
Art. 67. Support for wife and infant. (1) The wife shall be entitled to support during the marriage. In cases of divorce, (talaq), her right shall be
extended up to the expiration of the 'idda. However, in case the wife is pregnant at the time of the separation, she shall be entitled to support until
delivery.
(2) Any divorced nursing mother who continues to breastfeed her child for two years shall be entitled to support until the time of weaning.
Art. 68. Support between ascendants and descendants. The ascendants and descendants shall be obliged to support each other in the order in
which they are called to succeed by intestacy the person who has a right to claim support.
Art. 69. Payment. (1) The obligation to support shall be demandable from the time the recipient needs it for maintenance, but it shall not be paid
except from the date it is extrajudicially demanded.
(2) Payment shall be made daily, weekly or monthly in advance, and when the recipient dies, his heirs shall not be obliged to return what he had
received in advance.
(3) If the recipient is the wife, the rule established in the foregoing paragraph shall apply even though the marriage is dissolved.
282 | M a r t i n e z
Art. 70.Extinguishment of support. The obligation to support shall cease:
(a) Upon the death of the recipient;
(b) When the resources of the obligor have been so reduced that he cannot give the support without neglecting his own need and those of his
family, except that in the case of the spouses, the husband, though needy, is obliged to support the wife; or
(c) When the recipient commits any act which would give rise to disqualification to inherit or denial of support under Muslim law.
TITLE V
Parental Authority
CHAPTER I
Nature and Effects
Art. 71. Who exercises. (1) The father and the mother shall jointly exercise just and reasonable parental authority and fulfill their responsibility
over their legitimate and acknowledged children. In case of disagreement, the father's decision shall prevail unless there is a judicial order to the
contrary.
(2) The mother shall exercise parental authority over her children born out of wedlock, but the court may, when the best interests of the children so
require, appoint a general guardian. .
Art. 72. Duty to parents. (1) Children shall respect, revere, and obey their parents always unless the latter cast them into disbelief.
(2) Grandparents are likewise entitled to respect and reverence, and shall be consulted whenever practicable by all members of the family on all
important questions.
Art. 73. Duty to children. Every parent and every person exercising parental authority shall see to it that the rights of the children are respected,
and their duties complied with, and shall particularly by precept and example, imbue them with religious and civic attachment to the ideal of
permanent world peace.
Art. 74. Effects upon person of children. The parents have, with respect to their unemancipated children:
(a) The duty to support them, have them in their company, educate and instruct them in keeping with their means and represent them in all actions
which shall redound to their benefits; and
(b) The power to correct, discipline, and punish them moderately. .
Art. 75. Effects upon property of children. (1) The father, or in his absence the mother, shall be the legal administrator of the property of the child
under parental authority. If the property is worth more than five thousand pesos, the father or the mother shall give a bond to be approved by the
court.
(2) The court may appoint a guardian (wasi) in the absence of one who is natural or testamentary.
Art. 76. Parental authority non-transferable. Parental authority can neither be renounced nor transferred except as otherwise provided in this
Code and the general principles of Islamic law.
Art. 77. Extinguishment of parental authority. (1) Parental authority terminates upon the death of the parents or the child, or upon emancipation.
(2) Subject to Article 78, the widowed mother who contracts a subsequent marriage shall lose parental authority and custody over all children by
the deceased husband, unless the second husband is related to them within the prohibited degrees of consanguinity.
283 | M a r t i n e z
(3) The court may deprive a person of parental authority or suspend the exercise thereof if he treats his children with excessive harshness, gives
then corrupting or immoral orders and counsel, or abandons them.
CHAPTER II
Custody and Guardianship
Art. 78. Care and custody. (1) The care and custody of children below seven years of age whose parents are divorced shall belong to the mother
or, in her absence, to the maternal grandmother, the paternal grandmother, the sister and aunts. In their default, it shall devolve upon the father and
the nearest paternal relatives. The minor above seven years of age but below the age of puberty may choose the parent with whom he wants to
stay.
(2) The unmarried daughter who has reached the age of puberty shall stay with the father; the son, under the same circumstances, shall stay with
the mother.
Art. 79. Guardian for marriage (wali). The following persons shall have authority to act as guardian for marriage (wali) in the order of precedence:
.
(a) Father
(b) Paternal grandfather;
(c) Brother and other paternal relatives;
(d) Paternal grandfather's executor or nominee; or .
(e) The court. .
Art. 80. Guardian of minor's property. The following persons shall exercise guardianship over the property of minors in the order of precedence:
(a) Father;
(b) Father's executor or nominee;
(c) Paternal grandfather;
(d) Paternal grandfather's nominee; or
(e) The court.
TITLE VI
Civil Registry
CHAPTER I
Registry of Marriage, Divorce and Conversions

284 | M a r t i n e z
Art. 81. District Registrar. The Clerk of Court of the Shari'a District Court shall, in addition to his regular functions, act as District Registrar of
Muslim Marriages, Divorces, Revocations of Divorces, and Conversions within the territorial jurisdiction of said court. The Clerk of Court of the
Shari'a Circuit Court shall act as Circuit Registrar of Muslim Marriages, Divorces, Revocations of Divorces, and Conversions within his jurisdiction.
Art. 82. Duties of District Registrar. Every District Registrar shall exercise supervision over Circuit Registrars in every Shari'a District. He shall, in
addition to an entry book, keep and bind copies of certificates of Marriage, Divorce, Revocation of Divorce, and Conversion sent to him by the
Circuit Registrars in separate general registers. He shall send copies in accordance with Act. No. 3753, as amended, to the office of the Civil
Registrar-General.
Art. 83. Duties of Circuit Registrar. Every Circuit Registrar shall:
(a) File every certificate of marriage (which shall specify the nature and amount of the dower agreed upon,) divorce or revocation of divorce and
conversion and such other documents presented to him for registration;
(b) Compile said certificates monthly, prepare and send any information required of him by the District Registrar;
(c) Register conversions involving Islam;
(d) Issue certified transcripts or copies of any certificate or document registered upon payment of the required fees;
(e) Send to the District Registrar during the first ten days of each month a copy of the entries made during the previous month;
(f) Index the same for easy reference and identification in case any information is required; and
(g) Administer oaths, free of charge, for civil registry purposes.
Art. 84. Cancellation or Correction of Entry. Any entry in the District or Circuit Register may, upon verified petition of any interested party, be
corrected upon order of the Shari'a District Court, subject to the provisions of the Rules of Court. Every Registrar shall be civilly responsible for any
unauthorized alteration made in the registry to any person suffering damage thereby. However, the Registrar may exempt himself from such liability
if he proves that he has taken every reasonable precaution to prevent the unlawful alteration.
Art. 85. Registration of revocation of divorce. Within seven days after the revocation of a divorce by ruju', the husband shall, with the wife's
written consent, file a statement thereof with the Circuit Registrar in whose records that divorce was previously entered.
Art. 86.Legal effects of registration. The books making up the registry of marriage, divorce, revocation of divorce, conversion, and all other
documents relating thereto shall be considered public documents and shall be prima facie evidence of the facts therein contained. However,
nothing herein provided shall affect the intrinsic validity or invalidity of the acts registered..
Art. 87. Applicability of other civil registry law. To the extent not inconsistent with the provisions of this Code, the provisions of other registry laws
governing other civil registrars shall be observed by district or circuit registrars.
CHAPTER II
Other Acts Affecting Civil Status
Art. 88. Where registered. All other acts, events, or judicial decrees affecting civil status not mentioned in Chapter One of this Title shall be
recorded in the existing civil registry of the city or municipality in accordance with special laws.
BOOK THREE
Succession
285 | M a r t i n e z
TITLE I
General Provisions
Art. 89. Succession defined. Succession is a mode of acquisition by virtue of which the estate of a person is transmitted to his heirs or others in
accordance with this code.
Art. 90. Successional rights, when vested. The rights to succession are transmitted from the moment of the death of the decedent. The right to
succession of any heir who predeceases the decedent shall not be transmitted by right of representation to his own heirs.
Art. 91. Requisites of succession. No settlement of the estate of a deceased person shall be effected unless:
(a) The death of the decedent is ascertained;
(b) The successor is alive at the time of the death of the decedent; and
(c) The successor is not disqualified to inherit.
Art. 92. Inheritance (Mirath). The inheritance of a person includes all properties of any kind, movable or immovable, whether ancestral or
acquired either by onerous or gratuitous title, as well as all transmissible rights and obligations at the time of his death and those that accrue
thereto before partition. .
Art. 93. Disqualifications to succession. The following shall be disqualified to succeed:
(a) Those who have intentionally caused directly or indirectly the death of the decedent;
(b) Those who have committed any other act which constitutes a ground for disqualification to inherent under Islamic law; and
(c) Those who are so situated that they cannot inherit under Islamic law. .
Art. 94. Succession from acknowledging person. Without prejudice to the order of succession of heirs, mutual rights of inheritance shall obtain:
(a) Between the acknowledging father and the acknowledged child; and
(b) Between the kinsman acknowledged through another person and the acknowledger.
Art. 95. Succession by illegitimate child. A child who was the cause of the mother's having been divorced by li'an shall have mutual rights of
succession only with the mother and her relatives.
Art. 96. Succession between divorced persons. (1) The husband who divorces his wife shall have mutual rights of inheritance with her while she
is observing her 'idda. After the expiration of the 'idda, there shall be no mutual rights of succession between them.
(2) The husband who, while in a condition of death-illness, divorces his wife shall not inherit from her, but she shall have the right to succeed him
even after the expiration of her 'idda.
Art. 97. Succession by conceived child. A child conceived at the time of the death of the decedent shall be considered an heir provided it be born
later in accordance with Article 10; its corresponding share shall be reserved before the estate is distributed.
Art. 98. Succession by absentee. The share of an heir who is missing or otherwise absent at the time of the death of the decedent shall be
reserved:
(a) Until he reappears and claims it;
(b) Until he is proven dead; or
(c) Until the lapse of ten years after which he shall be presumed dead by decree of the court.
Art. 99. Order of succession. The heirs of a decedent shall inherit in the following order: .
(a) Sharers (ashab-ul-furud) shall be entitled to fixed shares;

286 | M a r t i n e z
(b) Residuaries (ashab-ul-mirath) shall be entitled to the residue; .
(c) In the absence of the foregoing, the distant kindred (dhaw-ul-arham) who are blood relatives but are neither sharers nor residuaries; and
(d) In default of the above, the acknowledged kinsman, universal legatee, or the public treasury (bait-ul-mal), in that order.
Art. 100. Modes of Succession. Succession my be:
(a) By will (wasiya);
(b) By operation of this Code; or
(c) By combination of both.
TITLE II
Testamentary Succession
CHAPTER I
Wills
Art. 101. Will defined. A will (wasiya) is a declaration whereby a person is permitted, with the formalities prescribed by law, to control the
disposition after his death of not more than one-third of his estate, if there are heirs, or the whole of it, if there are no heirs or distant kindred.
Art. 102. Formalities. (1) The making of a will is strictly a personal act; it cannot be left in whole or in part to the discretion of a third person or
accomplished through the instrumentality of an agent.
(2) A will may be declared orally or in writing in a manner that shows clearly the intention of the testator to execute it in the presence of a least two
competent, credible and disinterested witnesses.
Art. 103. Proof of will. (1) No nuncupative will shall pass any property of the decedent unless it is proved and allowed in accordance with a
solemn oath or affirmation of all the witnesses who attested to its declaration.
(2) No will of any other kind, holographic or formal, shall pass any property unless it is proved and allowed in accordance with this Code.
Art. 104. Testamentary wagf . An endowment for Islamic purposes to take effect after the death of the donor (wagf-bill-wasiya) partakes of the
nature of a testamentary disposition..
Art. 105. Capacity to make a will. Any person of sound and disposing mind and who is not expressly prohibited by Islamic law may make a will.
Persons of either sex under the age of puberty cannot make a will.
Art. 106. Disposable third. (1) The testator, in his will, cannot dispose of more than one-third of his estate. Any bequest in excess thereof shall
not be given effect unless ratified by the heirs. In any case, the bequest must be accepted by the legatee.
(2) A bequest to any sharer or residuary shall not be valid unless ratified by the testator's heirs existing at the time of his death.
Art. 107. Bequest by operation of law. Should the testator die without having made a bequest in favor of any child of his son who predeceased
him, or who simultaneously dies with him, such child shall be entitled to one-third of the share that would have pertained to the father if he were
alive. The parent or spouse, who is otherwise disqualified to inherit in view of Article 93 (c), shall be entitled to one-third of what he or she would
have received without such disqualification.
287 | M a r t i n e z
Art. 108. Revocation of will. Will may be expressly or impliedly revoked by the testator at any time before his death. Any waiver or restriction of
this right shall be void.
Art. 109.Partial invalidity of will. The invalidity of one of several provisions of a will shall not result in the invalidity of the others, unless it is to be
presumed that the testator would not have made such other provisions if the first invalid provision had not been made.
TITLE III
Legal Succession
CHAPTER I
Shares
Art. 110. Who are sharers. The following persons shall be entitled to the inheritance as sharers to the extent set forth in the succeeding articles:
(a) The husband, the wife;
(b) The father, the mother, the grandfather, the grandmother;
(c) The daughter and the son's daughter in the direct line;
(d) The full sister, the consanguine sister, the uterine sister and the uterine brother.
Art. 111. Share of surviving husband. The husband surviving together with a legitimate child or a child of the decedent's son shall be entitled to
one-fourth of the hereditary estate; should there be no such descendants, he shall inherit one-half of the estate.
Art. 112. Share of surviving wife. The wife surviving together with a legitimate child or a child of the decedent's son shall be entitled to one-eight
of the hereditary estate; in the absence of such descendants, she shall inherit one-fourth of the estate.
Art. 113. Share of surviving father. The father succeeding together with the legitimate son of the decedent or a son of the decedent's son shall
be entitled, as sharer, to one-sixth of the hereditary estate. The father who succeeds together with a legitimate daughter of the decedent or a
daughter of the decedent's son shall inherit, as sharer, one-sixth of the inheritance without prejudice to his share as residuary. .
Art. 114. Share of surviving mother. The mother succeeding as sharer together with a child or a child of the decedent's son, or with two or more
brothers or sisters of the decedent, shall be entitled to one-sixth of the hereditary estate. Should she survive without any such descendant or with
only one brother or sister, she shall inherit one-third of the estate.
Art. 115. Share of paternal grandfather. The paternal grandfather succeeding together with the child of the decedent or, in default thereof, with
his descendants in the direct male line however, distant, shall be entitled to one-sixth of the hereditary estate. Should he survive with any sharer
other than the brothers or sisters of the decedent, he shall be entitled to one-sixth without prejudice to his right as a residuary.
Art. 116. Share of paternal grandmother. The paternal grandmother succeeding in default of the mother, father, or intermediate grandfather of
the decedent shall be entitled, as sharer, to one-sixth of the hereditary estate.
Art. 117. Share of surviving daughter. (1) If the decedent leaves no son but one daughter, the latter shall be entitled to inherit, as sharer, one-half
of the hereditary estate. Two or more daughters shall share equally two-thirds thereof. Should one or more daughters survive with one or more
sons of the decedent, the latter shall be entitled to double the share of the former.
(2) Should a lone daughter of the decedent survive together with his son's daughter, the two-thirds share shall be divided between them, one-half
thereof to pertain to the former and one-sixth of the latter.
288 | M a r t i n e z
Art. 118. Share of son's daughter. The son's daughter shall, in the absence of any child of the decedent, be entitled to one-half of the hereditary
estate. Two or more daughters of the decedent's son shall share the two-thirds of the estate per capita.
Art. 119. Share of full sister. Should the decedent leave neither descendant, father, nor full brother, the full sister, shall be entitled as sharer to
the extent of one-half of the hereditary estate. Two or more full sisters shall inherit two-thirds of the estate per capita.
Art. 120. Share of consanguine sister. Should the decedent leave neither descendent, full brother, nor full sister, the consanguine sister shall be
entitled to one-half of the hereditary estate. Two or more consanguine sisters shall inherit two-thirds of the estate per capita.
Art. 121. Share of uterine brother or sister. The share of a uterine brother or sister shall be one-sixth of the hereditary estate should there be no
surviving descendant, father, paternal grandfather, or full brother and sister of the decedent. Two or more uterine brothers or sisters shall inherit
one-third of the estate per capita. .
Art. 122. Participation of full brother. (1) One or more full brothers and sisters surviving together, or one or more consanguine brothers or sisters
surviving together, shall participate in the hereditary estate, a brother to inherit double the share of a sister.
(2) The provision of the next succeeding article notwithstanding, the full brother shall, if nothing is left for him after the distribution of shares and he
survives with uterine brothers, participate with the latter in the one-third of the hereditary estate per capita.
Art. 123. Exclusion among heirs. The exclusion of heirs from the inheritance shall be governed by the following rules:
(a) In the same line, the relative nearest in degree excludes the more remote.
(b) Full-blood relatives exclude the consanguine and the uterine.
(c) Whoever is related to the decedent through any person shall not inherit while the latter is living, except in the case of a mother concurring with
her children.
(d) Heirs who, in a particular case, do not succeed by reason of disqualification on any ground shall not exclude others.
CHAPTER II
Residuary Heirs
Art. 124. Residuaries. Any residue left after the distribution of the shares shall be partitioned among the residuaries in accordance with the
following articles. An heir may succeed as residuary in his own right (asaba-bin-nafs), in another's right (asaba-bil-ghair), or together with another
(asaba-ma'al-ghair).
Art. 125. Residuaries in their own right. The following persons are residuaries in their own right:
(a) Male descendants of the decedent in the direct line, however, distant in degree;
(b) Male ascendants of the decedent in the direct line, however distant in degree; .
(c) Full-blood or consanguine brothers of the decedent and their male descendants, however, distant in degree; and
(d) Full-blood or consanguine paternal uncles of the decedent and their male descendants, however distant in degree.
Art. 126. Residuaries in another's right. The following persons shall succeed as residuaries in another's right:
(a) Daughters surviving with the son of the decedent;
(b) Son's daughters surviving with their own brothers;
(c) Full sisters surviving with their full brothers; and
(d) Consanguine sisters surviving with their consanguine brothers.

289 | M a r t i n e z
Art. 127. Residuaries together with another. Full-blood or consanguine sisters, surviving with daughters of the decedent or with the son's
daughters, however, distant in degree from the decedent, are residuaries together with another. .
Art. 128. Preference among residuaries. Preference among residuaries shall be governed by the following rules:
(a) The residuary nearer in degree shall be preferred to the more remote of the same class.
(b) The residuary with full-blood relationship shall be preferred to those of the half-blood of the same degree of relationship in the same class.
(c) The residuaries of the same class, degree and blood relationship shall share equally, subject to the rule of the male having a share double that
of the female in proper cases.
Art. 129. Reduction of shares. If the totality of all the shares assigned to each of the sharers exceeds the whole inheritance, the shares shall be
reduced proportionately.
Art. 130. Reversion of residue. If, after distributing the portions of the sharers, a residue is left in the inheritance and there is no surviving
residuary heir, the same shall revert in its entirety to the lone sharer or to all the sharers in proportion to their respective shares. However, the
husband or the wife shall not be entitled to any part of the reverted portion as long as there are other sharers or distant kindred.
CHAPTER III
Distant Kindred (Dhaw-ul-arham)
Art. 131. Relatives included. Distant kindred includes the following:
(a) The daughter's children and the children of the son's daughter and their descendants;.
(b) The excluded grandfather and the excluded grandmother;
(c) The sister's children, the brother's daughters, the sons of the uterine brother, and their descendants; and
(d) The paternal aunts, the uterine uncles and the maternal aunts and uncles.
Art. 132. Extent and distribution of shares. In default of all sharers and residuaries, the distant kindred shall inherit the entire hereditary estate,
the same to be distributed among them in accordance with Articles 123 and 128.
TITLE IV
Settlement and Partition of Estate
Art. 133. Administration. The administration of the estate of a decedent shall, for purposes of settlement, vest at the time of his death in the
executor appointed in the will or, in the absence thereof, in his heir or administrator to whom the court has granted letters of administration.
Art. 134. Governing school of law. (1) In every petition for probate of will or for the settlement of the estate of a decedent, all matters relating to
the appointment of administrator, powers and duties of administrator or executor, the court shall take into consideration the school of law
(madhhab) of the decedent.
(2) If the decedent's madhhab is not known, the Shafi'i school of law may be given preference together with the special rules of procedure adopted
pursuant to this Code.
Art. 135. Order of preference of claims. The estate of a decedent shall be applied to claims and charges in the following order:
290 | M a r t i n e z
(a) unpaid taxes; .
(b) reasonable funeral expenses; .
(c) the expenses for probate, administration and other judicial expenses; .
(d) the debts of the decedent; .
(e) the legacies to the extent of the disposable one-third;
(f) the distribution of shares among heirs; and
(g) unpaid dower.
Art. 136. Liability of heirs. The liability of the heirs of a decedent for the payment of the matter's debts shall not exceed the hereditary estate.
Each heir shall be liable only for the payment of the decedent's debt in proportion to his share.
BOOK FOUR
Adjudication and Settlement of Disputes and Rendition of Legal Opinions
TITLE I
The Shari'a Courts
Art. 137. Creation. There are hereby created as part of the judicial system, courts of limited jurisdiction, to be known respectively as Shari'a
District Courts and Shari'a Circuit Courts, which shall exercise powers and functions in accordance with this Title.
Shari'a courts and the personnel thereof shall be subject to the administrative supervision of the Supreme Court.
CHAPTER I
Shari'a District Courts
Art. 138. Shari'a judicial districts. Five special judicial districts, each to have one Shari'a District Court presided over by one judge, are
constituted as follows:
(a) The First Shari'a District shall comprise the Province of Sulu; .
(b) The Second Shari'a District, the Province of Tawi-Tawi;
(c) The Third Shari'a District, the Province of Basilan, Zamboanga del Norte and Zamboanga del Sur, and the Cities of Dipolog, Pagadian and
Zamboanga;
(d) The Fourth Shari'a District, the provinces of Lanao del Norte and Lanao del Sur, and the Cities of Iligan and Marawi; and
(e) The Fifth Shari'a District, the Provinces of Maguindanao, North Cotabato and Sultan Kudarat, and the City of Cotabato;
291 | M a r t i n e z
Art. 139. Appointment of judges. The judicial function in the Shari'a District Courts shall be vested in Shari'a District judges to be appointed by
the President of the Philippines. .
Art. 140. Qualifications. No person shall be appointed Shari'a District judge unless, in addition to the qualifications for judges of Courts of First
Instance fixed in the Judiciary Law, he is learned in Islamic law and jurisprudence.
Art. 141. Tenure. Shari'a District judges shall be appointed to serve during good behavior until they reach the age of sixty-five years, or become
incapacitated to discharge the duties of their office, unless sooner removed for the same causes and in the same manner provided by law for
judges of Courts of First Instance.
Art. 142. Compensation. Shari'a District judges shall receive the same compensation and enjoy the same privileges as the judges of Courts of
First Instance.
Art. 143. Original jurisdiction. (1) The Shari'a District Court shall have exclusive original jurisdiction over:
(a) All cases involving custody, guardianship, legitimacy, paternity and filiation arising under this Code;
(b) All cases involving disposition, distribution and settlement of the estate of deceased Muslims, probate of wills, issuance of letters of
administration or appointment of administrators or executors regardless of the nature or the aggregate value of the property;
(c) Petitions for the declaration of absence and death and for the cancellation or correction of entries in the Muslim Registries mentioned in Title VI
of Book Two of this Code;
(d) All actions arising from customary contracts in which the parties are Muslims, if they have not specified which law shall govern their relations;
and
(e) All petitions for mandamus, prohibition, injunction, certiorari, habeas corpus, and all other auxiliary writs and processes in aid of its appellate
jurisdiction. .
(2) Concurrently with existing civil courts, the Shari'a District Court shall have original jurisdiction over:
(a) Petitions by Muslims for the constitution of a family home, change of name and commitment of an insane person to an asylum;
(b) All other personal and real actions not mentioned in paragraph 1 (d) wherein the parties involved are Muslims except those for forcible entry and
unlawful detainer, which shall fall under the exclusive original jurisdiction of the Municipal Circuit Court; and
(c) All special civil actions for interpleader or declaratory relief wherein the parties are Muslims or the property involved belongs exclusively to
Muslims.
Art. 144. Appellate jurisdiction. (1) Shari'a District Courts shall have appellate jurisdiction over all cases tried in the Shari'a Circuit Courts within
their territorial jurisdiction..
(2) The Shari'a District Court shall decide every case appealed to it on the basis of the evidence and records transmitted as well as such
memoranda, briefs or oral arguments as the parties may submit.
Art. 145. Finality of decision. The decisions of the Shari'a District Courts whether on appeal from the Shari'a Circuit Court or not shall be final.
Nothing herein contained shall affect the original and appellate jurisdiction of the Supreme Court as provided in the Constitution.
Art. 146. Clerks and other subordinate employees. Shari'a District Courts shall have the same officers and other personnel as those provided by
law for Courts of First Instance.
The pertinent provisions of the Judiciary Law regarding the number, qualifications, appointment, compensation, functions, duties and other matters
relative to the personnel of the Courts of First Instance shall apply to those of the Shari'a District Courts.
Art. 147. Permanent stations; offices. (1) The Shari'a District Courts shall have their respective permanent stations in the following places:.
(a) First Shari'a District, Jolo, Sulu; .
(b) Second Shari'a District, Bongao, Tawi-Tawi; .
(c) Third Shari'a District, Zamboanga City; .
(d) Fourth Shari'a District, Marawi City; .

292 | M a r t i n e z
(e) Fifth Shari'a District, Cotabato City;.
(2) The Shari'a District Courts may hold sessions anywhere within their respective districts..
(3) The provinces, cities or municipalities concerned shall provide such courts with adequate court office, supplies and equipment in accordance
with the provisions of the Judiciary Law. .
Art. 148. Special procedure. The Shari'a District Courts shall be governed by such special rules of procedure as the Supreme Court may
promulgate.
Art. 149. Applicability of other laws. The provisions of all laws relative to the Courts of First Instance shall, insofar as they are not inconsistent
with this Code, be applicable to Shari'a District Courts.
CHAPTER II
Shari'a Circuit Courts
Art. 150. Where established. (1) Shari'a Circuit Courts shall be established as follows:
(a) Six such courts in the Province of Sulu;
(b) Eight in the Province of Tawi-Tawi;
(c) Ten in and for the Provinces of Basilan, Zamboanga del Norte and Zamboanga del Sur, and the Cities of Dipolog, Pagadian, and Zamboanga; .
(d) Twelve in and for the Provinces of Lanao del Norte and Lanao del Sur and the Cities of Iligan and Marawi;
(e) Fifteen in and for the Province of Maguindanao, North Cotabato and Sultan Kudarat and the City of Cotabato.
(2) The territorial jurisdiction of each of the 'Shari'a Circuit Courts shall be fixed by the Supreme Court on the basis of geographical contiguity of the
municipalities and cities concerned and their Muslim population.
Art. 151. Appointment of judges. Each Shari'a Circuit Court shall be presided over by a Shari'a Circuit Judge to be appointed by the President of
the Philippines..
Art. 152. Qualifications. No person shall be appointed judge of the Shari'a Circuit Court unless he is a natural-born citizen of the Philippines, at
least twenty-five years of age, and has passed an examination in the Shari'a and Islamic jurisprudence (fiqh) to be given by the Supreme Court for
admission to special membership in the Philippine Bar to practice in the Shari'a Courts.
Art. 153. Tenure. Shari'a Circuit judges shall be appointed to serve during good behavior until they reach the age of sixty-five years or become
incapacitated to discharge the duties of their office, unless sooner removed for the same causes and in the same manner provided by law for
judges of Municipal Circuit Courts.
Art. 154. Compensation. Shari'a Circuit judges shall receive the same compensation and enjoy the same privileges as judges of Municipal
Circuit Courts.
ARTICLE 155. Jurisdiction. The Shari'a Circuit Courts shall have exclusive original jurisdiction over;
(1) All cases involving offenses defined and punished under this Code.
(2) All civil actions and proceedings between parties who are Muslims or have been married in accordance with Article 13 involving disputes
relating to: .
(a) Marriage;
(b) Divorce recognized under this Code; .

293 | M a r t i n e z
(c) Betrothal or breach of contract to marry; .
(d) Customary dower (mahr);
(e) Disposition and distribution of property upon divorce;
(f) Maintenance and support, and consolatory gifts, (mut'a); and
(g) Restitution of marital rights.
(3) All cases involving disputes relative to communal properties.
Art. 156. Clerks and other subordinate employees. (1) Shari'a Circuit Courts shall have the same officers and other personnel as those provided
by law for Municipal Circuit Courts..
(2) The pertinent provisions of the Judiciary Law regarding the number, qualifications, appointment, compensation, functions, duties and other
matters relative to the personnel of the Municipal Circuit Courts shall apply to those of the Shari'a Circuit Courts.
Art. 157. Place of sessions; stations. Shari'a Circuit Court may hold session anywhere within their respective circuits, but each shall have a
principal station to be fixed by the Supreme Court.
Art. 158. Special procedure. The Shari'a Circuit Courts shall be governed by such special rules of procedure as the Supreme Court may
promulgate..
Art. 159. Applicability of other laws. The provisions of all laws relative to Municipal Circuit Courts shall, to the extent that they are not inconsistent
with this Code, be applicable to the Shari'a Circuit Courts.
TITLE II
The Agama Arbitration Council
Art. 160. Constitution. The Shari'a District Court or the Shari'a Circuit Court may, in appropriate cases, constitute an Agama Arbitration Council in
the manner specified in this Title.
Art. 161. Divorce by talag and tafwid. (1) Any Muslim male who has pronounced a talag shall, without delay, file with the Clerk of Court of the
Shari'a Circuit Court of the place where his family resides a written notice of such fact and the circumstances attended thereto, after having served
a copy thereof to the wife concerned. The talag pronounced shall not become irrevocable until after the expiration of the prescribed 'idda. The
notice filed shall be conclusive evidence that talag has been pronounced.
(2) Within seven days from receipt of notice, the Clerk of Court shall require each of the parties to nominate a representative. The representatives
shall be appointed by the Court to constitute, together with the Clerk of Court as Chairman, an Agama Arbitration Council. The Agama Arbitration
Council shall submit to the Court a report on the result of the arbitration, on the basis of which and such other evidence as may be allowed, the
Court shall issue the corresponding order..
(3) The provisions of this article shall be observed should the wife exercise tafwid.
Art. 162. Subsequent marriages. Any Muslim husband desiring to contract a subsequent marriage shall, before so doing, file a written notice
thereof with the Clerk of Court of the Shari'a Circuit Court of the place where his family resides. Upon receipt of said notice, the Clerk shall serve a
copy thereof to the wife or wives. Should any of them object, an Agama Arbitration Council shall be constituted in accordance with the provisions of
paragraph (2) of the preceding article. If the Agama Arbitration Council fails to obtain the wife's consent to the proposed marriage, the Court shall,
subject to Article 27, decide whether or not to sustain her objection.
Art. 163. Offenses against customary law. The Shari'a Circuit Court, in cases involving offenses against customary law which can be settled
without formal trial, may, at its discretion, direct the Shari'a Clerk of Court to constitute a council of not less than two nor more than four members,
with him as chairman, to settle the case amicably..
294 | M a r t i n e z
TITLE III
Jurisconsult in Islamic Law
Art. 164. Creation of office and appointment. (1) There shall be a Jurisconsult in Islamic law, who shall be appointed by the President of the
Philippines and hold office for a term of seven years, without prejudice to re-appointment, unless sooner removed for cause or incapacitated to
discharge the duties of his office.
(2) The Office of the Jurisconsult shall be under the administrative supervision of the Supreme Court of the Philippines which shall also fix its
permanent station, preferably in the City of Zamboanga.
Art. 165. Qualifications. No person shall be appointed Jurisconsult in Islamic Law unless he is a citizen of the Philippines, at least forty years of
age, of good moral character and proven integrity, and an eminent scholar in the Qur'an and Hadith and in Islamic jurisprudence as well as
proficient in Arabic.
Art. 166. Functions. (1) The Jurisconsult shall, on the written request of any interested party, have the authority to render legal opinions, based
on recognized authorities, regarding any question relating to Muslim Law. For this purpose, he may, if he deems it necessary, consult or ask for a
consensus of the 'ulama.
(2) The Jurisconsult shall consider and act on every such request unless, in his opinion and for good reason, the question need not be answered.
(3) The Office of the Jurisconsult shall keep a compilation and cause the publication of all his legal opinions.
Art. 167. Compensation. Until otherwise provided by law, the Jurisconsult shall receive an annual compensation of forty-eight thousand pesos
which shall not be diminished during his term of office.
Art. 168. Office personnel. The Jurisconsult may, in accordance with the Civil Service Law and subject to the approval of the Supreme Court,
appoint and fix the compensation of such personnel as may be necessary for the performance of his functions.
BOOK FIVE
Miscellaneous and Transitory Provisions
TITLE I
Muslim Holidays
Art. 169. Official Muslim holidays. The following are hereby recognized as legal Muslim holidays:
(a) 'Amun Jadid (New Year), which falls on the first day of the first lunar month of Muharram; .
(b) Maulid-un-Nabi (Birthday of the Prophet Muhammad), which falls on the twelfth day of the third lunar month of Rabi-ul-Awwal;
(c) Lailatul Isra Wal Mi'raj (Nocturnal Journey and Ascension of the Prophet Muhammad), which falls on the twenty-seventh day of the seventh
lunar month of Rajab;
(d) 'Id-ul-Fitr (Hari Raya Pausa), which falls on the first day of the tenth lunar month of Shawwal, commemorating the end of the fasting season; and
(e) 'Id-ul-Adha (Hari Raja Haji), which falls on the tenth day of the twelfth lunar month of Dhu 1-Hijja.
295 | M a r t i n e z
Art. 170. Provinces and cities where officially observed. (1) Muslim holidays shall be officially observed in the Provinces of Basilan, Lanao del
Norte, Lanao del Sur, Maguindanao, North Cotabato, Sultan Kudarat, Sulu, Tawi-Tawi, Zamboanga del Norte and Zamboanga del Sur, and in the
Cities of Cotabato, Iligan, Marawi, Pagadian, and Zamboanga and in such other Muslim provinces and cities as may hereafter be created.
(2) Upon proclamation by the President of the Philippines, Muslim holidays may also be officially observed in other provinces and cities.
Art. 171. Dates of observance. The dates of Muslim holidays shall be determined by the Office of the President of the Philippines in accordance
with the Muslim Lunar Calendar (Hijra).
Art. 172. Observance of Muslim employees. (1) All Muslim government officials and employees in places other than those enumerated under
Article 170 shall also be excused from reporting to office in order that they may be able to observe Muslim holidays.
(2) The President of the Philippines may, by proclamation, require private offices, agencies or establishments to excuse their Muslim employees
from reporting for work during a Muslim holiday without reduction in their usual compensation.
TITLE II
Communal Property
Art. 173. What constitute. The following are communal properties:
(a) Customary heirloom, which shall include artifacts and ancestral implements or things of cultural value handed down from a common ancestor;
(b) Ancestral property, which shall comprehend hallowed ancestral plot, ancestral shrine, royal court, and similar properties; and
(c) charitable trust property.
Art. 174. Administration or disposition. (1) Except as otherwise provided in this Code, communal property shall be administered or disposed of in
accordance with Muslim law, 'ada, and special provisions of law.
(2) Any provision of existing law to the contrary notwithstanding, the trustee of any communal property shall be the person who is in lawful
possession thereof, either personally or through an agent..
(3) The Shari'a Circuit Court may appoint a trustee of a communal property when there is a dispute as to its custody, possession, or administration.
TITLE III
Customary Contracts
Art. 175. How construed. Any transaction whereby one person delivers to another any real estate, plantation, orchard or any fruit-bearing
property by virtue of sanda, sanla, arindao, or similar customary contract, shall be construed as a mortgage (rihan) in accordance with Muslim law.
TITLE IV
296 | M a r t i n e z
Conversions
Art. 176. Effect of registration of conversion to Islam. (1) Registration of a person's conversion to Islam shall constitute a prima facie proof that
he professes Islam.
(2) Whoever disputes the profession or renunciation of Islam by any person shall have the burden of proving the contrary.
Art. 177. Regulation on conversion. No conversion of a minor below the age of eighteen years shall be registered by the District or Circuit
Registrar without the written consent or permission of the parents or guardian, except when such minor has been emancipated from parental
authority in accordance with law.
Art. 178. Effect of conversion to Islam on marriage. The conversion of non-Muslim spouses to Islam shall have the legal effect of ratifying their
marriage as if the same had been performed in accordance with the provisions of this Code or Muslim law, provided that there is no legal
impediment to the marriage under Muslim law.
Art. 179. Effect of change of religion. The change of religion by a Muslim shall not have the effect of extinguishing any obligation or liability
whatsoever incurred prior to said change.
TITLE V
Penal Provisions
CHAPTER I
Rule of Bigamy
Art. 180. Law applicable. The provisions of the Revised Penal Code relative to the crime of bigamy shall not apply to a person married in
accordance with the provisions of this Code or, before its effectivity, under Muslim law.
CHAPTER II
Specific Offenses
Art. 181. Illegal solemnization of marriage. Any person who shall, without authority, solemnize any marriage purportedly under this Code, or shall
do so in a manner contrary to the provisions thereof, shall be punished by imprisonment of not less than two months but not more than two years,
or a fine of not less than two hundred pesos but not more than two thousand pesos, or both, in the discretion of the court.
Art. 182. Marriage before expiration of 'idda. Any widow or divorced woman who, having been married under Muslim law or under this code,
contracts another marriage before the expiration of the prescribed 'idda shall suffer the penalty of a fine not exceeding five hundred pesos.
Art. 183. Offenses relative to subsequent marriage, divorce, and revocation of divorce. A person who fails to comply with the requirements of
Articles 85, 161, and 162 of this Code shall be penalized by arresto mayor or a fine of not less than two hundred pesos but not more than two
thousand pesos, or both, in the discretion of the court.
Art. 184. Failure to report for registration. Except as provided in the article immediately preceding, a person who knowingly fails to perform his
duty under this Code to report for registration any fact concerning the civil status of persons shall be punished by a fine of not less than one
hundred pesos but not more than one thousand pesos. .
297 | M a r t i n e z
Art. 185. Neglect of duty by registrars. Any district registrar or circuit registrar who fails to perform properly his duties in accordance with this
Code shall be penalized in accordance with Section 18 of Act No. 3753.
TITLE VI
Transitory and Final Provisions
Art. 186. Effect of code on past acts. (1) Acts executed prior to the effectivity of this Code shall be governed by the laws in force at the time of
their execution, and nothing herein except as otherwise specifically provided, shall affect their validity or legality or operate to extinguish any right
acquired or liability incurred thereby.
(2) A marriage contracted by a Muslim male prior to the effectivity of this Code in accordance with non-Muslim law shall be considered as one
contracted under Muslim law provided the spouses register their mutual desire to this effect.
Art. 187. Applicability Clause. The Civil Code of the Philippines, the Rules of Court and other existing laws, insofar as they are not inconsistent
with the provisions of this Code, shall be applied suppletorily.
Art. 188. Separability clause. If, for any reason, any article or provision of this Code is held to be invalid, the same shall not affect the other
articles or provisions hereof..
Art. 189. Repealing clause. All laws, proclamations, executive orders, rules and regulations, or any part thereof, inconsistent with provisions of
this Code are hereby correspondingly modified or repealed..
Art. 190. Effectivity. This Code shall take effect immediately. .
DONE in the City of Manila this 4th day of February in the year of Our Lord nineteen hundred and seventy-seven.
AN ACT TO ORDAIN AND INSTITUTE A NATIONAL BUILDING CODE OF THE PHILIPPINES
TITLE 1
ADMINISTRATIVE
Chapter 1.01
GENERAL PROVISIONS
SECTION 1.01.01: Title
(a) This Act shall be known as the "National Building Code of the Philippines" and shall hereinafter be referred to as the "Code".
SECTION 1.01.02: Declaration of Policy
(a) It is hereby declared to be the policy of the State to safeguard life, health, property, and public welfare, consistent with the principles of
environmental management and control; and to this end, make it the purpose of this Code to provide for all buildings and structured, a framework of
298 | M a r t i n e z
minimum standards and requirements by guiding, regulating, and controlling their location, siting, design, quality of materials, construction, use,
occupancy, and maintenance, including their environment, utilities, fixtures, equipment, and mechanical electrical, and other systems and
installations.
SECTION 1.01.03: Scope
(a) The provisions of this Code shall apply to the design, location, siting, construction, alteration, repair, conversion, use, occupancy, maintenance,
moving, and demolition of, and addition to, public and private buildings and structures.
(b) Additions, alterations, repairs, and changes of use or occupancy in all buildings and structures shall comply with requirements for new buildings
and structures except as otherwise herein provided. Only such portion or portions of the existing building or structure which have to be altered to
effect the addition, alteration, or repair shall be made to conform to the requirements for new buildings or structures. Alterations should preserve the
aesthetic value of the building to be altered.
(c) Where, in any specific case, different section of this Code specify different materials, methods of construction, or other requirements, the most
restrictive shall govern.
SECTION 1.01.04: Application
(a) This Code shall apply to all buildings and structures constructed and any change or repair made thereon after the approval of said Code.
Buildings or structures constructed before the approval of this Code shall not be affected thereby; Except, where their continued use or occupancy
is dangerous to life or limb; or where alterations, additions, conversions, or repairs are to be made thereon, this Code shall apply only to such
portions of the buildings or structure which have to be altered in order to effect such damages or repairs.
(b) This Code shall apply to chartered cities, poblaciones of municipalities and municipal districts with a population of at least two thousand (2,000)
inhabitants, and to barrios of urban areas with a population of at least two thousand (2,000) inhabitants. This Code shall also apply to any area
where there are fifty (50) or more families per hectare.
(c) This Code shall likewise apply to any area proposed for or being developed into a new town site, residential subdivision, commercial or
residential site, school site, housing project, and similar construction projects where five or more buildings not covered by paragraph (d) of this
Section will be constructed even if the poblacion or barrio population is less than two thousand (2,000) or the density of population is less than fifty
(50) families per hectare.
(d) The design and construction requirements of this Code shall not apply to any traditional indigenous family dwelling costing not more than five
thousand pesos (P5,000.00) and intended for use and occupancy of the family of the owner only. The traditional type of family dwellings are those
that are constructed of native materials such as bamboo, nipa, logs, or lumber, wherein the distance between vertical supports or suportales does
not exceed 3.00 meters (10 feet); and if masonry walls or socalos are used, such shall not be more than 1.00 meter (3 feet, 3 inches) from the
ground: Provided, however, That such traditional indigenous family dwelling will not constitute a danger to life or limb of its occupants or of the
public; will not be fire hazard or an eyesore to the community; and does not contravene any fire zoning regulation of the city or municipality in which
it is located.
(e) Notwithstanding paragraph (d) of this Section, this Code shall apply to Group A dwellings produced on a commercial scale and intended for use
by the general public.
SECTION 1.01.05 Building Use Affecting Public Health and Safety
(a) Any building or structure, or any ancillary or accessory facility thereto, and any alteration or addition to any building or structure already existing,
shall conform in all respects to the principles of safe construction, shall be suited to the purpose for which the building is designed, and shall, in no
case contribute to making the community in which it is located at eyesore, a slum, or a blighted area.
(b) Adequate environmental safeguards shall be observed in the design, construction, and use of any building or structure for the manufacture and
production of any kind of article or product which constitutes a hazard or nuisance affecting public health and safety, such as explosives, gas,
noxious chemicals, inflammable compounds, or the like.
SECTION 1.01.06: Maintenance
(a) All buildings or structures, both existing and new, and all parts thereof shall be maintained in a safe and sanitary condition. All devices or
safeguards, which are required by this Code in a building or structure when constructed, altered, or repaired, shall be maintained on good working
order.
SECTION 1.01.07: Insanitary, Unsafe, Hazardous, or Dangerous Sites

299 | M a r t i n e z
(a) The land or site upon which will be constructed any building or structure, or any ancillary or auxillary facility thereto, shall be sanitary , hygienic
or safe. Where the land or site is polluted, insanitary, unhygienic, unsafe, or hazardous, conditions contributing to or causing its being polluted,
insanitary, unhygienic, unsafe, or hazardous shall be reasonably improved or corrected, or proper remedial measures shall be prescribed or
incorporated in the design or construction of the building or structure in accordance with the provisions of this Code.
(b) The land or site upon which be constructed a building of structure or any ancillary or accessory facility thereto, for use of human habitation or
abode, shall be at a safe distance from streamers or bodies of water and/source of air considered to be polluted, volcano or volcanic site, and
building or structure considered to be a potential source of fire or explosion, such as ammunitions factory or dump and storage place for highly
inflammable material.
SECTION 1.01.08: Dangerous and Ruinous Buildings or Structures
(a) General. - The provisions of this Code shall apply to all dangerous buildings, as herein defined, which are now in existence or which may
hereafter be constructed, as well as to ruinous buildings as defined in Article 482 of the Civil Code of the Philippines.
(b) Dangerous Buildings Defined. - Dangerous buildings are those which are structurally unsafe or not provided with safe egrees, or which
constitute a fire hazard, or are otherwise dangerous to human life, or which in relation to existing use constitute a hazard to safety or health or
public welfare, by reason of inadequate maintenance, dilapidation, obsolescence, fire hazard, or abandonment; or which otherwise contribute to the
pollution of the site or the community to an intolerable degree. Any building or structure which has any or all of the conditions or defects hereinafter
described, or conditions or defects similar thereto, shall be deemed to be dangerous building: Provided, That such conditions or defect exists to the
extent that the life, health, property, or safety of the public or its occupant are endangered:
(1) Whenever any door, aisle, passageway, stairway, or other means of exist is not of sufficient width or size, or is not so arranged as to provide
safe and adequate means of exit in case of fire or panic;
(2) Whenever the stress in any materials member or portion thereof, due to all dead and live loads is more than one and one-half times the working
stresses or stresses allowed in this Code for new building of similar structure, purpose, or location: Provided, That in determining working stress,
the working stress method of analysis shall be used, and in the case of engineering "overstress", the ultimate strength method;
(3) Whenever any portion thereof has been damaged by fire, earthquake, wind, flood, or by any other cause, to such an extent that the structural
strength or the stability thereof is materially less than it was before such catastrophe and is less than the minimum requirements of this Code for
new buildings of similar structures, purpose, or location;
(4) Whenever any portion or member or appurtenance thereof is likely to fall, or to become detached or dislodged, or to collapse and thereby injure
persons or damage property;
(5) Whenever any portion or member or any appurtenance or ornamentation of the exterior thereof is not of such sufficient strength or stability, or is
not so anchored, attached, or fastened - place so as to be capable of resisting a wind pressure of one-half of that specified in this Code for new
buildings of similar structure; purpose, or location without exceeding the working stresses permitted for such buildings;
(6) Whenever any portion thereon has wracked, warped, buckled, or settled to such an extent that walls or other structural portions have materially
less resistance to winds or earthquake than is required in the case similar new construction;
(7) Whenever the building or structure, or any portion thereof, because of: (i) dilapidation, deterioration, or delay; (ii) faulty construction; (iii) the
removal, movement, or instability of any portion of the ground necessary for the purpose of supporting such building; (iv) the deterioration, decay,
or inadequacy of its foundation; or (v) any other cause, is likely to partially or completely collapse;
(8) Whenever, for any reason, the building or structure, or any portion thereof, is manifestly unsafe for the purpose for which it is being used;
(9) Whenever the exterior walls or other vertica structural members list, lean, or buckle to such an extent that the structure falls within the condition
described in the preceding subparagraph (2), above, or whenever any portion thereof suffers a material reduction of the fire and weather resistance
qualities of characteristics required by this Code for newly constructed buildings of like area, height, and occupancy in the same location;
(10) Whenever a building or structure, used or intended to be used for dwelling purposes, because of inadequate maintenance, dilapidation, decay,
damage, faulty construction or arrangement, inadequate light, air, or sanitation facilities, or otherwise, is found to be unsanitary, unfit for human
habitation, or in such a condition that is likely to cause sickness or disease;
(11) Whenever any building or structure, because of obsolescence, dilapidated, condition, deterioration, damage, inadequate exists, lack of
sufficient fire-resistive construction, or other cause, is found to be a fire hazard;
(12) Whenever any portion of a building or structure remains on a site after demolition or destruction of the building or structure is abandoned for a
period in excess of six months, so as to constitute a nuisance or hazard to the public;
300 | M a r t i n e z
(13) Whenever any building or structure is in such a condition as to constitute a public nuisance defined in Article 694 and 695 of the Civil Code of
the Philippines.
(c) Abatement of Dangerous Buildings. In all cases of dangerous buildings, except those covered by Article 482 and 694 to 707 of the Civil Code of
the Philippines, the Building Official shall order their repair, vacation, or demolition in accordance with the following procedure:
(1) Where the dangerous building can reasonably be repaired such that it will no longer be dangerous, it shall be ordered repaired;
(2) Where the dangerous building is such that to repair it would cost more than 50 per cent of the current to replacement cost of the building, it shall
be repaired or demolished at the opinion of the owner;
(3) Where the dangerous building poses an immediate threat to life, limb, or property, it shall be vacated immediately, then repaired or demolished
in accordance with subparagraphs (1) or (2) herein.
SECTION 1.01.09. Alternate or new Design, Material, Method of Construction, or Workmanship; Tests
(a) Any design, material, method of construction, or workmanship not specifically included in this Code may be used: Provided, That such alternate
or new design, material, method of construction, or workmanship is at least the equivalent of those prescribed in this Code in effectiveness.
(b) Tests for design, materials, method of construction, or workmanship shall be prescribed by the Secretary of Public Works and Communication in
appropriate rules and regulations therefor.
SECTION 1.01.10: Municipal and Provincial Ordinances and Regulations
(a) Local ordinances should conform to the Code and suppletory requirements hereto shall in no case diminish minimum requirements embodied in
this Code. The Secretary of Public Works and Communications or, in the proper case, the Secretary of Justice shall take any and all appropriate
steps in cases where local ordinances conflict with the Code.
SECTION 1.01.11: Definitions and Tables
(a) The definitions in Annex A and the Tables in Annex B of this Code are hereby adopted as part thereof.
SECTION 1.01.12: Separability Clause
(a) If, for any reason, any section or provision of this Code shall be declared unconstitutional or invalid, no other section or provision of this Code
shall be affected thereby.
SECTION 1.01.13: Repealing Clause
(a) Any and all statutes, orders, ordinances, rules and regulations or parts thereof, inconsistent with the provisions of this Code, are hereby
repealed or modified accordingly.
SECTION 1.01.14: Effectivity
(a) This Code shall take effect upon its approval within the Greater Manila Metropolitan Area and in other areas where there are already existing
local building codes, and four (4) years thereafter, in all other areas in the Philippines: Provided, however, That this provision shall not prevent any
city or municipal council or board from adopting this Code immediately upon its approval.
Chapter 1.02
ENFORCEMENT
SECTION 1.02.01: Joint Building and Environmental Planning Research and Standards Commission
(a) Membership. There is hereby created a Joint Building and Environmental Planning Research and Standards Commission composed of two
Senators, two Congressmen, and five other members to be appointed by the President of the Philippines. The members shall elect a Chairman
from among themselves.
301 | M a r t i n e z
(1) The President of the Senate shall designate the chairman of the Committee on Housing, Urban Development and Resettlement and one
Senator from the minority party as members of the Commission.
(2) The Speaker of the House of Representatives shall designate the Chairman of the Committee on Housing and one Congressman from the
minority party as members of the Commission.
(3) The President of the Philippines shall appoint two architects, two engineers, and one building contractor chosen from those officially
recommended by their respective national professional organizations, to serve for four years or until their successors shall have been duly
appointed and qualified.
(4) The members thereof shall serve without compensation: except, That the members from the professional organizations may receive a per diem
of one hundred pesos (P100.00) each per meeting actually attended: Provided, That the total per diem the members may receive shall not exceed
six hundred pesos (P600.00) per month. A monthly transportation allowance of two hundred fifty pesos (P250.00) shall be granted each of the
members from the professional organizations.
(b) Duties and Responsibilities. The Commission shall have the following duties and responsibilities:
(1) Conduct or cause to be conducted continuing research and studies on building, housing, and environmental planning standards and
requirements to safeguard life or limb, health, property, and public welfare;
(2) Prepare a draft of a uniform code of criteria, standards, and detailed specifications covering design, construction, and other related matters
suited to local needs and indigenous conditions for adoption by local governments to supplement the minimum standards provided in this Code;
(3) Prepare drafts of environmental planning, management and control codes, subdivision policies and standards, zoning regulations and other
codes for legislative enactment; and recommend, from time to time, changes in this Building Code for submission to Congress; and
(4) Transmit appropriate recommendation to the Secretary of Public Works and Communications as a basis for the promulgation by the Secretary
of the necessary rules and regulations to carry out the provisions of this Code.
(c) Technical Staff. The Commission shall be assisted by a Technical Staff which shall be headed by an Executive Director and an Assistant
Executive Director. All personnel shall be appointed by the Chairman subject to civil service laws, rules, and regulations.
(d) Appropriations. The amount of two hundred and fifty thousand pesos (P250,000) or such amount thereof as may be necessary for the operation
of the Commission is hereby authorized to be appropriated out of any funds not otherwise appropriated for the fiscal year ending June 30, 1973.
Such sums may be necessary for the operating expenses of the Commission in succeeding fiscal years shall be included in the annual General
Appropriations Act.
SECTION 1.02.02: Secretary of Public Works and Communications and Building Officials
(a) The Secretary of Public Works and Communications, hereinafter referred to as the "Secretary", shall promulgate such rules and regulations
necessary to enable the Building Official to enforce the provisions of this Code.
(b) In municipalities, the Municipal Engineer shall be the Building Official; Provided, That when there is no such Municipal Engineer, or a duly
licensed engineer performing the duties of a Municipal Engineer, or a Land and Building Official, the Provincial Engineer, or in the absence thereof,
the Public Works Engineer within whose jurisdiction the municipality falls shall be the Building Official. In case of cities, the City Public Works
Supervisor shall be the Building Official: Provided, That when there is no such City Public Works Supervisor, the City Engineer shall be the Building
Official. For the purpose of the enforcement of the provisions of this Code, the Building Official shall be under the supervision of the Secretary of
Public Works and Communications, any provision of law to the contrary notwithstanding.
(c) Subject to the approval of the Municipal Mayor, City Mayor, or Provincial Governor in the proper case, and other civil service laws and rules, the
Building Official may appoint such number of officers, inspectors, assistants, or other employees possessing the necessary qualifications and
competency as may be authorized by the Municipal Council, City Council, or Provincial Board, as the case may be. He may deputize such
technically qualified employees as may be necessary to carry out the provisions of this Code. For purposes of this Subsection, the terms
"necessary qualifications and competency" and "technically qualified" shall mean that the person to be deputized shall have passed the highest
grade of examination called for in the applicable law regulating the practice of the branch of engineering or architecture related to or associated with
the duties and powers which the person to be deputized shall assume.
SECTION 1.02.03: Building permits
(a) Any person, firm, or corporation, including any department, office, bureau, agency of instrumentality of the government intending to construct,
alter, repair, move, convert or demolish any building or structure, or cause the same to be done, shall obtain a building permit from the Building
Official for whichever of such work is proposed to be undertaken for the building or structure, before any such work is started.
302 | M a r t i n e z
(b) Appropriate rules and regulations shall be set by the Secretary concerning:
(1) Forms for application for building permits;
(2) Procedures to be observed in securing such permits;
(3) Procedures to be observed in the issuance, suspension, and revocation of such building permits; and
(4) Type, nature, and scope of plans and specifications, and other requisite documents, which shall be prepared and designed by a licensed
architect or engineer.
(c) When authorized by the Building Official in accordance with the provisions of this Code, plans and specifications need not be submitted for the
following:
(1) Group A traditional indigenous type of dwelling construction costing not more than three thousand pesos (P3,000.00); and
(2) Group J Division 1 Occupancy of Type 1 conventional wood frame construction or of the traditional indigenous type of construction costing not
more than three thousand pesos (P3,000.00).
(d) The applicant for a building permit for private buildings or structures after having complied with all the requirements prescribed therefor in
accordance with the provisions of this Code, shall be issued a building permit within fifteen (15) days from the date of payment of the permit fee for
Groups A and J Occupancies and within thirty (30) days from the date of payment of the permit fee for other Group Occupancies, unless the
Building Official or his Deputy authorized to issue the permit shall inform the applicant in writing why the permit should not be issued, and shall
indicate thereon the particular provisions of the Code violated by the applicant or the particular requirements not complied with. Within fifteen (15)
days from the date of receipt by the applicant of advice from the Building Official or his Deputy authorized to issue the permit why the building
permit should not be issued, or why the building permit is suspended or revoked, the applicant may appeal the non-issuance, suspension, or
revocation thereof, to the Mayor of the chartered city or municipality, or the Governor of the province where the building or structure for which the
permit is being applied for is located. Said appeal shall be decided within fifteen (15) days from receipt thereof, otherwise, the applicant may bring
the matter to the proper Court of Justice for final disposition.
(e) All public buildings shall conform to the provisions of this Code and the Building Official of the city or province where the public building is
located shall issue the building permit therefor, stating in writing that such public building conforms to the requirements of the Code. For national
public buildings, the Secretary of Public Works and Communications shall issue a certification that such a building conforms to the Code. Public
buildings shall be exempt from payment of building permit, inspection, another fees.
SECTION 1.02.04: Fees
(a) Regulations on building permit, inspection and other fees, and for compliance with the same shall be covered by city and municipal ordinances:
Provided, That Traditional indigenous family dwellings under Section 1.01.04 (d) shall be exempt from payment of building permit fees.
SECTION 1.02.05: Inspection ad Certificates of Occupancy
(a) Inspection. The duly licensed architect or engineer engaged by the owner to undertake inspection and detailed supervision of the construction
shall periodically certify that the construction conforms to the plans and specifications submitted in the application for a building permit. Upon
submission of such periodic certifications during the progress of construction, the Building Official shall periodically issue the required authority to
continue with the subsequent phases of construction, without prejudice to his right to conduct on his own initiative any inspection of the said
construction. Upon completion of the construction, the said duly licensed architect or engineer shall submit to the Building Official the final
certification that the building conforms to the provisions of the Code and with the detailed plans and specifications submitted.
(b) Certificates of Occupancy. The proper Certificate of Occupancy shall be issued to the applicant within seven (7) days from completion of the
requirements for inspection and occupancy and payment of any and all fees therefor, unless the building Official or his Deputy issuing the
Certificate shall show cause in writing why the Certificate should not be issued and shall indicate thereon the particular provisions of the Code
violated or the particular requirements not complied with. Within fifteen (15) days from receipt by the applicant of the advice from Building Official or
his Deputy authorized to issue the certificate why the certificate should not be issued, or why the certificate is suspended or revoked, the applicant
may appeal the non-issuance, suspension, or revocation thereof, to the Mayor of the chartered city or municipality, or the Governor of the province
where the building for which the certificate is being applied for is located. Said appeal shall be decided within fifteen (15) days from receipts thereof,
otherwise, the applicant may bring the matter to the proper Court of Justice for final disposition. The building may be occupied only upon issuance
of the Certificate of Occupancy.
SECTION 1.02.06: Violations of This Code Covering Designs, Materials, Methods of Construction, and Workmanship
303 | M a r t i n e z
(a) In all cases of violation of this Code covering design, materials, methods of construction, and workmanship, the Building Official shall observe
the following procedure in ordering the alteration to conform to this Code or demolition of the building or portion thereof:
(1) Where the building is in the process of construction, the construction of the portion or portions in violation of this Code shall be stopped until the
same shall have been altered to conform to this Code, unless such partial violation will impair the stability and safety of the whole or part of the
structure, in which case, the whole construction shall be stopped.
(2) Where a building or portion thereof has been constructed, the following procedure shall be observed:
(2.1) In case it can be reasonably altered to conform to the requirements of this Code, it shall be altered accordingly;
(2.2) In case the lateration will cost more than 50 per cent of the current construction cost of the building, it shall be altered to conform to this Code
or demolished at the option of the owner;
(2.3) In case the building or portion thereof poses an immediate danger to life, limb, or property, the same shall be vacated immediately, then
altered to conform to the requirements of this Code or demolished in accordance with subparagraphs (1) and (2) herein.
(3) If the owner, after receipts of the order of alteration or demolition fails to comply with such order within a period of one year, said construction
shall be declared a nuisance and be abated in accordance with the provisions of Article 699 of the Civil Code of the Philippines.
(b) This Code shall not be construed to deprive any person the right to avail himself of any and all judicial proceedings or remedies available under
existing laws.
(c) Nothing in this Chapter is intended to diminish the powers vested in the different Boards of Examiners of the various architectural and
engineering professions as provided for in existence laws regulating the practice of architecture and engineering, nor to restrict the designing
engineering or architect in the exercise of his professional discretion within the basic minimum standards and requirements embodied in Section
1.01.02 of this Code.
TITLE 2
FIRE AND FIRE-RESISTIVE STANDARDS
Chapter 2.01
REQUIREMENTS FOR FIRE ZONES
SECTION 2.01.01: General
(a) Fire Zones Defined. Fire zones are areas within which only certain types of building are permitted to be constructed based on their use,
occupancy, type of construction, and resistance to fire.
(b) Building Located in More Than One Fire Zone. If a building or structure is located in more than one fire zone and more than one-third of its total
floor area is in a more restricted fire zone, then the entire building shall conform to the requirements for the more restricted area.
(c) Moved Building. Any building or structure moved within or into any fire zone shall be made to comply with all the requirements for buildings of
that fire zone.
(d) Temporary Buildings. Temporary buildings or structures conforming to the requirements of this Code, used for the protection of the public
around and in conjunction with construction work may be erected in any of the fire zones: Provided, that such work is allowed by special permit
from the Building Official and such is used only for a limited period of time.
(e) Center Lines of Streets. For the purpose of this Chapter, the center line of an adjoining street or alley may be considered an adjacent property
line. Distance shall be measured at right angles to the street or alley.
304 | M a r t i n e z
SECTION 2.01.02. Designation of Fire Zones
(a) The Secretary shall classify each type of fire zone in accordance to use, occupancy, type of construction, and resistance to fire subject to the
provisions of this Code.
(b) Based on the classification of fire zones, City Counsels or Municipal Boards, by resolution, shall divide cities and municipalities into fire zones.
Such division shall be in accordance with the local physical and spatial framework plans or the recommendation of the local city or municipal
development body.
Chapter 2.02
FIRE-RESISTIVE REQUIREMENTS AND STANDARDS FOR FIRE PROTECTION
SECTION 2.02.01: Fire-Resistive Requirements
(a) Exterior bearing and nonbearing walls of Types II and III constructions shall have one-hour fire-resistive rating; while those of types IV and V
shall have four-hour fire-resistive rating.
(b) Interior bearing walls, permanent partitions, floors, and roofs of Types II to IV constructions shall have one-hour fire-resistive rating; while those
of Type V shall have three-hour fire-resistive rating for walls, one-hour fire-resistive rating for partitions, and two-hour fire-resistive rating for vertical
openings, floors, and roofs.
(c) Structural frames of Types II and III constructions shall have one-hour fire-resistive rating; those of Type IV shall have two-hour fire-resistive
rating; and those of Type V shall have three-hour fire-resistive rating.
(d) Exterior doors and windows shall have three-fourths-hour fire-resistive rating for all types of construction.
SECTION 2.02.02: Fire-Resistive Standards
(a) General. Materials and systems of fire-resistive purposes shall be classified according to their fire-resistive ratings as determined by
internationally accepted testing methods, subject to the provisions of this Section.
(b) One-Hour Fire-Resistive Time Period Rating
(1) The following walls and partitions shall have a one-hour fire-resistive rating: Solid masonry, 10 centimeters (4 inches) thick; hollow unit masonry,
15 centimeters (6 inches) thick; solid concrete, 10 centimeters (4 inches) thick; stud walls covered on each side with 1.9 centimeters (3/4 inch) lath
and plaster, 1.6 centimeters (5/8 inch) of vermiculite gypsum board, or 2.5 centimeters (1 inch) of gypsum board; and 5 centimeters (2 inches)
nominal thickness tongue and groove wood, or two layers of 1.9 centimeters (3/4 inch) tongue and groove wood separated by sheet metal or
asbestos paper and treated on each side with a fire-retardant coating having a flame-spread rating of 50 or less. Square-edged boards may be
used is the layers are laid at right angles with each other.
(2) The following floors shall have a one-hour fire-resistive rating: masonry or concrete, 10 centimeters (4 inches) thick; wood joists having two
layers of flooring above and a plaster or gypsum board ceiling, 1.9 centimeters (3/4 inch) in thickness - the two layers of flooring shall be separated
by sheet metal or asbestos building paper; 6.3 centimeters (2-1/2 inches) net thickness tongue and grooved wood floors covered with 1.9
centimeters (3/4 inch) wood flooring laid at right angles thereto. The supporting beams for such floors shall be not less than 15 centimeters (6
inches) in minimum dimension.
(3) The following protections for metal structural members shall have one-hour fire-resistive rating: 2.5 centimeters (1 inch) of concrete; 3.8
centimeters (1-1/2 inches) of masonry; and metal lath and 2.5 centimeters (1 inch) of plaster.
(4) The following shall also have a one-hour fire-resistive rating; wood colums, 20 centimeters (8 inches) or more in least dimension; and wood
beams, 15 centimeters (6 inches) or more in least dimension.
(c) Two-Hour Fire-Resistive Time Period Rating
(1) The following partitions, walls, and floors shall have a two-hour fire-resistive rating: solid masonry, 15 centimeters (6 inches) thick; hollow unit
masonry, 20 centimeters (8 inches) thick; and solid concrete, 127 centimeters (5 inches) thick.
305 | M a r t i n e z
(2) The following protections for metal structural members shall have a two-hour fire-resistive rating. 3.8 centimeters (1-1/2 inches) of concrete; 5
centimeters (2 inches) of masonry; and two layers of metal lath and plaster with 1.9 centimeters (3/4 inch) air space between and having a total
thickness of 6.3 centimeters (2-1/2 inches).
(d) Three-Hour Fire-Resistive Time Period Rating
(1) The following partitions, walls, and floors shall have a three-hour fire-resistive rating: solid masonry, 17.8 centimeters (7 inches) thick; hollow
unit masonry, 25.4 centimeters (10 inches) thick; and solid concrete, 15 centimeters (6 inches) thick.
(2) The following protection for metal structural members shall have a three-hour fire resistive rating: centimeters (2 inches) of concrete; 7.6
centimeters (3 inches) of masonry.
(e) Four-Hour Fire-Resistive Time Period Rating
(1) The following partitions, walls, and floors shall have a four-hour fire resistive rating: solic masonry walls, 20 centimeters (8 inches) thick; hollow
unit masonry, 30 centimeters (12 inches) thick; and solid concrete, 17.8 centimeters (7 inches) thick.
(f) Steel Joists. Steel joist floors shall have from one to four-hour fire-resistive rating based on internationally accepted standards of engineering.
(g) Flame-Proof Materials. Materials required to be flame-proofed shall be treated with a flame-retardant having flame-spread rating of 50 less as
determined by the "Tunnel Test".
SECTION 2.02.03: Interior Wall and Ceiling Finish
(a) General. Finishes for interior walls and ceilings of any building shall be classified according to their flame-spread characteristics using the
internationally accepted "Tunnel Test" or other equivalent test for fire protection. The class of materials according to flame-spread characteristics
shall be determined for each occupancy group. The smoke density shall not be greater than that obtain from the burning of untreated wood under
similar conditions when tested in accordance with the "Tunnel Test" in the way intended for use. The products of combustion shall be no more toxic
than the burning of untreated wood under similar conditions.
(b) Interior Finish Materials. Interior walls and ceiling finish shall mean interior wainscoting, paneling, or other finish applied structurally or for
decoration, acoustical correction, surface insulation or similar purposes. Requirements for finishes shall not apply to trim, doors, and windows or
their frames, nor to materials which are less than one millimeter (0.039 inch) in thickness cemented to an incombustible backing. Interior finish
materials applied to walls and ceilings shall be tested as specified herein and regulated for purposes of limiting flame-spread.
SECTION 2.02.04: Promulgation of Fire-Resistive Regulations
(a) The Secretary shall promulgate appropriate standards and regulations on the testing of materials for flame-spread characteristics; application of
controlled interior finish; finishes based on occupancy; materials and tests on fire dampers, fire tests of building construction and materials, fire
tests of door assemblies, tin-clad fire doors, fire test of window assemblies, installation of fire door and fire windows, and smoke and fire detectors
for fire protective signaling systems; fire-resistive protection of structural members; fire-resistive walls and partitions; fire-resistive floor-ceilings or
roof-ceilings; fire-resistive assemblies for protection of openings; and fire-retardant roof coverings.
TITLE 3
REQUIREMENTS BASED ON OCCUPANCY
Chapter 3.01
CLASSIFICATION OF ALL BUILDINGS BY USE OR OCCUPANCY AND GENERAL REQUIREMENTS FOR ALL OCCUPANCIES
SECTION 3.01.01: Occupancy Classified

306 | M a r t i n e z
(a) Building proposed, for construction shall be identified according to its use or the character of its occupancy and shall be classified as follows:
(1) Group A - Residential: Dwellings. Group A Occupancies shall include dwellings.
(2) Group B - Residential: Hotels and Apartments. - Group B Occupancies shall include boarding or lodging houses, hotels, apartment houses,
convents, and monasteries (each accommodating more than 10 persons).
(3) Group C - Education and Recreation. Group C Occupancies shall be any building used for school or day care purposes more than eight hours
per week, involving assemblage for instruction, education, or recreation, and not classed in Group I or in Divisions 1 and 2 of Group H
Occupancies.
(4) Group D - Institutional. Group D Occupancies shall include: Division 1 - Mental hospitals, mental sanitariums, jails, prisons, reformatories, and
buildings where personal liberties of inmates are similarly restrained; Division 2 - Nurseries for full-time care of children under kindergarten age,
hospitals, sanitariums, nursing homes with non-ambulatory patients, and similar buildings (each accommodating more than five persons); Division 3
- Nursing homes for ambulatory patients, homes for children of kindergarten age or over (each accommodating more than five persons); Provided,
That Group D Occupancies shall not include buildings used only for private residential purposes or for a family group.
(5) Group E - Business and Mercantile. Group E Occupancies shall include: Division 1 - Gasoline filling and service stations; storage garage and
boat storage structures where no work is done except exchange of parts and maintenance requiring no open flame, welding, or the use of highly
flammable liquids; Division 2 - Wholesale and retail stores, office buildings, drinking and dining establishments having an occupant load test than
100, printing plants, municipal police and fire stations, factories and workshops using materials not highly flammable or combustible, storage and
sales room for combustible goods, and paint stores without bulk handling, and Division 3 -Aircraft hangars where no repair work is done except
exchange of parts and maintenance requiring no open flame, welding, or the use of highly flammable liquids; open parking garages and heliports.
(6) Group F - Industrial. Group F Occupancies shall include: Ice plants, power plants, pumping plants, cold storage, and creameries; factories and
workshops using incombustible and non-explosive materials; and storage and sales rooms of incombustible and non-explosive materials.
(7) Group G - Storage and Hazardous. Group G Occupancies shall include: Division 1 - Storage and handling of hazardous and highly flammable
or explosive materials other than flammable liquids; Division 2 - Storage and handling of flammable liquids; dry cleaning plants using flammable
liquids; paint stores with bulk handling; paint shops and spray painting rooms, and shops; Division 3 - Wood working establishments, planning mills
and box factories, shops factories where loose, combustible fibers or dust are manufactured, processed or generated; warehouses where highly
combustible material is stored; Division 4 - Repair garages; and Division 5 - Aircraft repair hangars.
(8) Group H - Assembly Other Than Group I. Group H Occupancies shall include: Division 1 - Any assembly building with a stage and an occupant
load of less than 100 in the building; Division 2 - Any assembly building without a stage and having an occupant load of 300 or more in the building;
Division 3 - Any assembly building without a stage and having an occupant load of less than 300 in the building, including such buildings used for
school purposes less than eight hours per week; and Division 4 - Stadiums, reviewing stands, amusement park structures not included within
Group I or Divisions 1, 2, and 3, Group H Occupancies.
(9) Group I - Assembly Occupant Load 1000 or More. Group I Occupancies shall be any assembly building with a stage and an occupant load of
1000 or more in the building.
(10) Group J - Accessory. Group J Occupancies shall include: Division 1 - Private garages, carports, sheds, and agricultural buildings; Division 2 -
Fences over 1.80 meters (6 feet) high, tanks, and towers.
(b) Other subgroupings or divisions within Groups A to J may be determined by the Secretary. Any other occupancy not mentioned specifically in
this Section, or about which there is any question, shall be included in the Group which its use most nearly resembles based on the existing or
proposed life and fire hazard.
(c) The Building Officials shall identify and indicate in the Certificate of Occupancy the appropriate classification to which a building or structure to
be constructed belongs.
SECTION 3.01.02: Change in Use
(a) No change shall be made in the character of occupancies or use of any building which would place the building in a different division of the
same group of occupancy or in a different group of occupancies, unless such buildings is made to comply with the requirements for such division or
group of occupancy: Except, That the character of occupancy of existing buildings may be changed subject to the approval of the Building Official
and the building may be occupied for purposes set forth in other Groups without conforming to all the requirements for those Groups, provided the
new or proposed use is less hazardous, based on life and fire risk, than the existing use.
SECTION 3.01.03: Mixed Occupancy

307 | M a r t i n e z
(a) General. When a building is used for more than one occupancy purposes, each part of the building comprising a distinct "Occupancy" shall be
separated from any other occupancy. When a building is used for more than one occupancy purpose, it shall be subject to the most restrictive
requirements for the occupancies concerned: Except, - (1) When a one-story building houses more than one occupancy, each portion of the
building shall conform to the requirements for the occupancy housed therein, and the area of the building shall be such that the sum of the actual
areas divided by the allowable area for each separate occupancy shall not exceed one; and (2) Where minor accessory uses do not occupy more
than 10 per cent of the area of any floor of a building, nor more than 10 per cent of the basis are permitted in the occupancy requirements. The
major use of the building shall determine the occupancy classification provided the uses are separated in accordance with requirements for
occupancy separation.
(b) Forms of Occupancy Separation. Occupancy separations shall be vertical or horizontal or both, or when necessary, of such other form as may
be required to afford a complete separation between the various occupancy divisions in the building.
(c) Types of Occupancy Separation. Occupancy separations shall be classed as "One-Hour Fire-Resistive" "Two-Hour Fire-Resistive", "Three-Hour
Fire-Resistive", and "Four-Hour Fire-Resistive".
(1) A "One-Hour Fire-Resistive Occupancy Separations" shall be of not less than one-hour fire-resistive construction. All openings in such a
separations shall be protected a fire assembly having a one-hour fire-resistive rating.
(2) A "Two-Hour Fire-Resistive Occupancy Separation" shall be of not less than two-hour fire-resistive construction. All openings in such separation
shall be protected by a fire assembly having a one and one-half-hour fire-resistive rating.
(3) A "Three-Hour Fire-Resistive Occupancy Separation" shall be of not less than three-hour fire-resistive construction. All openings in walls forming
such separation shall be protected by a fire assembly having a three-hour fire-resistive rating. The total width of all openings in any three-hour fire-
resistive occupancy separation wall in any one-story shall not exceed 25 per cent of the length of the wall in that story and no single opening shall
have an area greater than 10.00 square meters (107.1 square feet). All openings in floors forming a "Three-Hour Fire-Resistive Occupancy
Separation" shall be protected by vertical enclosures extending above and below such openings. The walls of such vertical enclosures shall be of
not less than ten-hours fire-resistive construction, and all openings therein shall be protected by a fire assembly having one and one-half-hour fire-
resistive rating.
(4) A "Four-Hour Fire-Resistive Occupancy Separation" shall have no openings therein and shall be of not less than four-hour fire-resistive
construction.
(d) Fire Ratings for Occupancy Separation. Occupancy separations shall be provided between various groups, subgroupings, or divisions of
occupancies. The Secretary shall promulgate rules and regulations for appropriate occupancy separations in buildings of mixed occupancy:
Provided, That where any occupancy separation is required, the minimum shall be a "One-Hour Fire-Resistive Occupancy Separation"; and where
the occupancy separation is horizontal, structural members supporting the separation shall be protected by equivalent fire-resistive construction.
SECTION 3.01.04: Location on Property
(a) General. Buildings shall adjoin or have access to a public space, yard, or street on not less than one side. Required yards shall be permanently
maintained. For the purpose of this Section, the center line of an adjoining street or alley shall be considered an adjacent property line. Eaves over
required windows shall be not less than 75 centimeters (30 inches) from the side and rear and rear property lines.
(b) Fire Resistance of Walls. Exterior walls shall have fire resistance and opening protection in accordance with requirements set by the Secretary.
Projections beyond the exterior wall shall not extend beyond a point one-third the distance to the property line from an exterior wall; or a point one-
third the distance from an assumed vertical plane located where fire-resistive protection of openings is first required due to location on property,
whichever is the least restrictive. Distance shall be measured at right angles from the property line. When openings in exterior walls are required to
be protected due to distance from property line, the sum of the area of such openings shall not exceed 50 per cent of the total area of the wall in
each story.
(c) Buildings on Same Property and Buildings Containing Courts. For the purpose of determining the required wall and opening protection, buildings
on the same property and court walls shall be assumed to have a property line between them. When a new building is to be erected on the same
property with an existing building, the assumed property line from the existing building shall be the distance to the property line for each occupancy
as set forth by the Secretary: Provided, That two or more buildings on the same property may be considered as portions of one building of the
aggregate area of such buildings is within the limits of allowable floor areas for a single building; and that when the buildings so considered house
different occupancies or are of different types of construction, the area shall be that allowed for the most restricted occupancy or construction.
SECTION 3.01.05: Allowable Floor Areas
(a) Areas of One-Story Buildings and Building Over One Story. Allowable floor areas for one-story buildings and buildings over one story shall not
exceed the limits determined in accordance with occupancy groups and types of construction.
308 | M a r t i n e z
(b) Area Separation Walls. Each portion of a building separated by one or more area separation walls may be considered a separate building
provided the area separation wall meet the requirements of this Code.
SECTION 3.01.06: Allowable Area Increases
(a) The floor area hereinabove provided may be increased in certain specific instances and under appropriate conditions, based on the existence of
public space, streets, or yards extending along the adjoining two or more sides of the building or structure.
SECTION 3.01.07: Maximum Height of Buildings and Increases
(a) The maximum height and number of stories of every building shall be dependent upon the character of the occupancy and the type of
construction, and shall not exceed the limits determined by population density, building bulk, widths of streets, and car parking requirements. The
height shall be measured from the highest adjoining sidewalk or ground surface, provided that the height measured from the lowest adjoining
surface shall not exceed such maximum height by more than 3.00 meters (10 feet): Except, That towers, spires, and steeples, erected as a part of
a building and not used for habitation or storage, are limited as to height only by structural design if completely of incombustible materials, or may
extend not to exceed 6.00 meters (19 feet, 8 inches) above the height limits for each occupancy group if of combustible materials.
SECTION 3.01.08: Maximum Requirements for Group A Dwellings: One Two Stories
(a) Dwelling Location and Lot Occupancy. The dwelling shall occupy not more than 90 per cent of a corner lot and 80 per cent of an inside lot, and
subject to the provisions on easements of light and view of the Civil Code of the Philippines, shall be at least 2.00 meters (6 feet, inches) from the
property line.
(b) Light and Ventilation. Every dwelling shall be so constructed and arranged as to provide adequate light and ventilation.
(1) Habitable rooms, bathrooms, toilet rooms and utility rooms shall have a height of not less than 2.40 meters (8 feet), measured from floor to
ceiling.
(2) Rooms shall have a minimum size of 6.00 square meters (65 square feet) with a least horizontal dimension of 2.00 meters (6 feet, 7 inches) for
rooms of human habitations; 3.00 square meters (32 feet) with a least horizontal dimension of 1.50 meters (5 feet) for kitchens; and 1.20 square
meters (13 square feet) with a least horizontal dimension of 90 centimeters (3 feet) for bathrooms.
(3) Windows shall be at least 1/10th of the floor area of the room.
(c) Sanitation. Every dwelling shall be provided with at least one sanitary toilet and adequate washing and drainage facilities.
(d) Foundation. Footing shall be of sufficient size and strength to support the load and dwelling and shall be at least 30 centimeters (1 foot) thick
and 60 centimeters (2 feet) below the surface of the ground. Each post shall be anchored to such footings by straps and bolts of adequate size.
(e) Post or Suportales. The dimensions of wooden post or suportales shall be those found in Table 3.01 - A Dimension of Wooden Posts or
Suportales (Annex B).
(f) Floor. The live load of the first floor shall be at least 200 kilograms per square meter (40 pounds per square foot) and for the second floor, at
least 150 kilograms per square meter (30 pounds per square foot).
(g) Roof. The wind load for roofs shall be at least 150 kilograms per square meter (30 pounds per square foot).
(h) Stairs. Stairs may be 75 centimeters (30 inches) wide, with a rise of 20 centimeters (8 inches) and a run of 23 centimeters (9 inches).
(i) Entrance and Exit. There shall be one entrance and one exit.
(j) Electrical Outlets. There shall be at least one convenience outlet per 6.00 meters (20 feet) of wall measured along the floor and one light outlet
for every room.
(k) Mechanical Requirements. Family dwellings not more than two stories shall be exempt from the requirements of the Mechanical Code.
SECTION 3.01.09: Requirements for Group Occupancies
(a) Subject to the provisions of this Code, the Secretary shall promulgate regulations for each occupancy group covering: allowable construction,
height, and area; location on property, exit facilities, light, ventilation, and sanitation; enclosure of vertical openings; fire-extinguishing system; and
special hazards.
309 | M a r t i n e z
TITLE 4
TYPES OF CONSTRUCTION
Chapter 4.01
CLASSIFICATION OF ALL BUILDINGS BY TYPES OF CONSTRUCTION AND GENERAL REQUIREMENTS
SECTION 4.01.01: Types of Construction
(a) The requirements of this Chapter are minimum for the varying degrees of public safety and resistance to fire. Every building proposed for
construction shall be identified according to the following:
(1) Type I. Type I Buildings shall be of wood construction. The structural elements may be any of the materials permitted by this Code.
(2) Type II. Type II Buildings shall be of wood construction with protective fire-resistant materials and one-hour fire-resistive throughout: Except,
That permanent nonbearing partitions may use fire-retardant treated wood within the framing assembly.
(3) Type III. Type III Buildings shall be masonry and wood construction, Structual elements may be any of the materials permitted by this Code:
Provided, That the building shall be one-hour fire-resistive throughout. Exterior walls shall be of incombustible fire-resistive construction.
(4) Type IV. Type IV Building shall be of steel, iron, concrete, or masonry construction. Walls and permanent partitions shall be of incombustible
fire-resistive construction: Except, That permanent nonbearing partitions of one-hour fire resistive construction framing assembly.
(5) Type V. Type V Buildings shall be fire-resistive. The structural elements shall be of steel, iron, concrete, or masonry construction. Walls and
permanent partitions shall be incombustible fire-resistive construction.
(b) Other subtypes or divisions within Types I to V may be determined by the Secretary. Any building which does not conform entirely to a type of
construction herein set forth shall be classified into a type having an equal or lesser degree of fire-resistance of the building.
(c) The Building Official shall identify and indicate in the Certificate of Occupancy the appropriate classification to which a building or structure to be
constructed belongs.
SECTION 4.01.02: Change in Type
(a) No change shall be made in the type of construction of any building which would place the building in a different subtype or type of construction
unless such bidding is made to comply with the requirements for such subtype or type of construction: Except, That the type of construction of
existing buildings may be changed subject to the approval of the Building Official and the building may be constructed for purposes set forth in
other Types without conforming to all the requirements for those Types, provided the new or proposed construction is less hazardous, based on life
and fire risk, than the existing construction.
SECTION 4.01.03: Requirements on Types of Construction
(a) Subject to the provisions of this Chapter, the Secretary shall promulgate regulations for each type of construction, and promulgate rules and
regulations therefor, covering: structural framework, exterior walls and openings, interior walls and enclosures, floors, exits and stars construction,
and roofs.
TITLE 5
310 | M a r t i n e z
LIGHT, VENTILATION, AND SANITATION
Chapter 5.01
LIGHT AND VENTILATION
(a) Subject to the provisions of the Civil Code on easement on light and view, and to provisions of this Title, every building shall be so constructed,
arranged, and equipped as to provide adequate light and ventilation.
(b) All building erected shall face a street or public alley or private street which has been officially approved.
(c) No building shall be altered nor arranged so as to reduce the size of any room or the relative area of windows to less than that provided for
buildings under this Code, or so as to create an additional room, unless such additional room conforms to the requirements of this Code.
(d) No building shall be enlarged, so that the dimensions of any required court yard would be less than that prescribed for any such building.
SECTION 5.01.02: Measurement of Site Occupancy
(a) The measurement of site occupancy or lot occupancy shall be taken at the ground level and shall be exclusive of courts, yards, and light wells.
(b) Courtyards and light wells shall be measured clear of any projections from the walls enclosing such wells or yards with the exception of roof
leaders, wall copings, sills, or steel fire escapes, not exceeding 1.20 meters (4 feet) in width.
SECTION 5.01.03: Percentage of Site Occupancy
(a) The maximum site occupancy shall be governed by the use, type of construction, and height of the building, and the use, area, nature and
location of the site, subject to the provisions of local zoning requirements and in accordance with rules and regulations set forth by the Secretary.
SECTION 5.01.04: Minimum Size of Courts and Their Least Dimensions
(a) The minimum size of courts and their least dimensions shall be dependent upon the use, type of construction, and height of the building subject
to the requirements set forth by the Secretary: Provided, That in no case shall be the minimum horizontal dimension of courts be less than 2.00
meters (6 feet, 7 inches).
(b) All inner courts shall be connected to a street or yard, either by a passageway with a minimum width of 1.20 meters (4 feet) or by a door through
a room or rooms.
SECTION 5.01.05: Ceiling Heights
(a) Habitable rooms, bathrooms, toilet rooms, storage rooms, and utility rooms shall have a ceiling height of not less than 2.40 meters (8 feet),
measured from the floor to the ceiling: Provided, That for buildings of more than one story, the minimum ceiling height of the first story shall be 2.70
meters (9 feet) and 2.40 meters (8 feet) for the second story, and succeeding stories. Garages shall have an unobstructed headroom clearance of
not less than 2.10 meters (7 feet) above the finished floor.
SECTION 5.01.06: Minimum Size of Rooms and Their Least Dimensions
(a) The minimum sizes of rooms and their least horizontal dimensions shall be as follows: 6:00 square (65 square feet) with at least nominal
dimension of 2.00 meters (6 feet 7 inches) for rooms for human habitation; 3.00 square meters (32 square feet) with a least horizontal dimension of
1.50 meters (5 feet) for kitchens; and 1.20 square meters (12 square feet) with a least horizontal dimension of 0.90 meter (3 feet) for bathrooms.
SECTION 5.01.07: Minimum Air Space Requirements in Determining the Size of Rooms
(a) The following minimum air spaces shall be provided:
(1) For school rooms: 3.00 meters (106 cubic feet) with 1.00 square meter (10.7 square feet) of floor area per person.
311 | M a r t i n e z
(2) For workshops, factories, and offices: 10.00 cubic meters (354 cubic feet) or air space per person at daytime and 14.00 cubic meters (494 cubic
feet) of air space per person at night time.
(3) For habitable rooms: 14.00 cubic meters (494 cubic feet) of air space per adult person and 7.00 cubic meters (247 cubic feet) of air space per
child under 10 years of age.
SECTION 5.01.08: Window Openings
(a) Every room intended for any use, not otherwise provided with air-conditioning or mechanical ventilation system as herein provided in this Code,
shall be provided with a window or windows whose total area of openings shall be at least 1/10th the floor area of the room, and such shall open
directly to a court, yard, public way or alley, or water course.
SECTION 5.01.09: Mezzanine Floor
(a) A Mezzanine floor is a partial, intermediate floor in any story or room of a building having an area not more than one-half of the area of the room
or space in which it is constructed.
(b) A mezzanine floor shall be constructed with a clear ceiling height of not less than 1.90 meters (6 feet, 4 inches) above and below.
SECTION 5.01.10: Vent Shafts
(a) Size. Vent shafts shall have a cross-sectional area of not less than 1/10th of a square meter for every meter of height of shafts (1 square foot
per 10 feet) but not less than 1.00 square meter (10.7 square feet) in any case. No such shaft shall be less than 60 centimeters (2 feet) in its least
dimension.
(b) Skylights. Unless open to the outer air at the top for its full area, such shaft shall be covered by a skylight having a net area of fixed louver
openings equal to the maximum required shaft area.
(c) Air Ducts. Air ducts shall be connected to a street or court by a horizontal duct or intake at a point below the lowest window opening on such
shaft. Such duct or intake shall have a minimum unobstructed cross-sectional area of not less than 0.30 square meter (3.2 square feet) with a
minimum dimension of 30 centimeters (1 foot). The opening to the duct or intake shall not be less than 30 centimeters (1 foot) above the bottom of
the shaft and the street surface or bathroom of court, at the respective ends of the conduct or intake.
SECTION 5.01.11: Ventilating Skylights
(a) Skylights. Skylights shall have a glass area not less than that required for the window they replace. They shall be equipped with movable
sashes or louvers of an aggregate net area not less than that required for openable parts in the window they replace or with approved ventilation of
equal efficiency.
(b) Ventilation. Rooms containing industrial heating equipment shall be provided with adequate artificial means of ventilation to prevent excessive
accumulation of hot or polluted air.
SECTION 5.01.12: Artificial Ventilation
(a) General. When artificial ventilation is required, the equipment shall be designed and constructed to meet the following requirements in air
changes:
(1) Business and Workrooms
(1.1) For rooms wholly above grade occupied for office, clerical or administrative purposes, or as stores, sales, rooms, restaurants, markets,
factories, workshops, or machinery rooms, not less than three changes of air per hour shall be provided.
(1.2) For rooms wholly above grade, occupied as bakeries, hotel or restaurant kitchen, laundries other than accessory to dwellings, and boiler
rooms, of not less than ten changes or air per hour shall be provided.
(2) Rooms in Public and Institutional Buildings
(2.1) For auditoriums and other rooms used for assembly purposes, not less than 0.85 cubic meter (30 cubic feet) of air per minute shall be
supplied for each person for whom seating or other accommodation is provided.
(2.2) For wards and dormitories of institutional buildings, not less than 0.85 cubic meter (30 cubic feet) of air per minute shall be supplied for each
person accommodated.
312 | M a r t i n e z
Chapter 5.02
SANITATION
(a) All buildings hereafter erected for human habitation should be provided with plumbing facilities installed in conformity with the National Plumbing
Code adopted and promulgated by the National Master Plumbers Association of the Philippines pursuant to Republic Act 1378, otherwise known as
the "Plumbing Law".
TITLE 6
REGULATIONS FOR USE OF PUBLIC PROPERTY
Chapter 6.01
BUILDING PROJECTION OVER PUBLIC STREETS
(a) No part of any building structure or any of its appendages shall project beyond the property line of the building site, except as provided in this
Code.
(b) The projection of any structure of appendage over a public property shall be the distance measured horizontally from the property line to the
outermost point of the projection.
SECTION 6.01.02: Projection into Alleys and Streets
(a) No part of any structure or its appendage shall project into any alley or street except as provided in this Code.
(b) No projection shall be allowed on any national roads or public highway.
(c) Footing located at least 2.40 meters (8 feet) below grade may project not more than 30 centimeters (12 inches) beyond the property line.
(d) Foundation may be permitted to encroach into public sidewalk areas to a width not exceeding 50 centimeters (1 foot, 8 inches): Provided, That
the top of the said foundations or footings does not reach beyond the level of a plane 60 centimeters (2 feet) below the established grade; and
Provided, further, That said projection does not obstruct any existing utility such as power, communication, gas, water, or sewer lines, unless the
owner concerned shall pay the corresponding entities for the re-routing of the parts affected.
SECTION 6.01.03: Projection of Balconies and Appendages Over Streets
(a) The extent of any projection over an affected alley or street shall be uniform within a block and shall conform to the limitations set forth in Table
6.01-A: Projection of balconies and Appendages (Annex B).
(b) The clearance between the established grade of the street or sidewalk and the undersurface of the balcony shall be not less than 3.00 meters
(10 feet).
313 | M a r t i n e z
SECTION 6.01.04: Arcades
(a) Arcades shall be constructed on sidewalks when required by local ordinances. The with of the arcade and its height over affected sidewalks
shall be uniform within a block: Provided, That, in no case, shall an arcade be less than 3.00 meters (10 feet) above the establishment sidewalk
grade of the established street.
(a) General. For the purpose of this Section, a marquee shall include by any object or decoration attached thereto.
(b) Projection and Clearance. The horizontal clearance between the outmost edge of the marquee and the curb line shall be not less than 30
centimeters (1 foot). The vertical clearance between the payment or grounds line and the undersurface of the marquee shall be not less than 2.70
meters (9 feet).
(c) Construction. A Marquee shall be constructed of incombustible material or materials of not less than one-hour fire-resistive construction. It shall
provided with the necessary drainage facility.
(d) Location Prohibited. Every marquee shall be so located as not to interfere with the operation of any exterior standpipe connection or to obstruct
the clear passage from stairways or exists from the building or the installation or maintenance of electroliers.
SECTION 6.01.06: Movable Awnings or Hoods
(a) Definition. An awning is a movable shelter supported entirely from the exterior wall of a building and of a type which can be retracted, folded, or
collapsed against the face of a supporting building.
(b) Clearance. The horizontal clearance between the awning and the curb line shall be not less than 30 centimeters (1 foot). The vertical clearance
between the undermost surface of the awning and the payment or ground line shall be not less than 2.40 meters (8 feet). Collapsible awnings shall
be so designed that they shall not block required when collapsed.
SECTION 6.01.07: Doors
(a) Doors either sully opened or when opening, shall not projects beyond the property line.
SECTION 6.01.08: Corner Buildings with Chaflans
(a) Every corner building on a public street or alley less than 30.60 meters (12 feet) in width shall be made with a chaflan or truncated angle at the
corner. The face of the triangle so formed shall be at right angles to the bisector of the angle of intersection of the street lines; Provided, That, in no
case, shall the length of the chaflan be less than 4.00 meters (13 feet, 4 inches). In special cases, the Building Official shall determine the size and
form of the chaflan.
(b) If the buildings is arcaded, no chaflan is required notwithstanding the width of the public street or alleys less than 12.00 meters (39 feet, 4
inches).
Chapter 6.02
PROTECTION OR PEDESTRIANS DURING CONSTRUCTION OR DEMOLITION
(a) No person shall use or occupy a street, alley, or public sidewalk for the performance or work under a building permit except in accordance with
the provisions of this Chapter.
(b) No person shall perform any work on any work on any building or structure adjacent to a public way in general use by the public for pedestrian
travel, unless the pedestrians are protected as specified in this Chapter.
(c) Any material or structure temporarily occupying public property, including fences, canopies, and walkways, shall be adequately lighted between
sunset and sunrise.
SECTION 6.02.02: Temporary Use of Streets and Alleys

314 | M a r t i n e z
(a) The use of public property shall meet legal requirements and subject to permit to be issued officially by the Building Official.
SECTION 6.02.03: Storage on Public Property
(a) Materials and equipment necessary for work to be done under a permit shall not be placed or stored on public property so as to obstruct free
and convenient approach to and use of any fire hydrant, fire or police alarm box, utility box, catch basin, or manhole or so as not to interfere with
any drainage of any street or alley gutter.
SECTION 6.02.04: Mixing Mortar on Public Property
(a) The mixing or handling of mortar, concrete, or similar materials on public street shall not be allowed except when the same are to be used on
such streets or any portion thereof such as curbs, gutters, manholes, sidewalks, culverts and the like.
SECTION 6.02.05: Protection of Utilities
(a) All public or private utilities above or below the ground shall be protected from any damages by any work being done under the permit. This
protection shall be maintained while such work is being done and shall not obstruct the normal functioning of any such utility.
SECTION 6.02.06: Walkway
(a) A temporary walkway not less than 1.20 meters (4 feet) wide shall be provided in lieu of the sidewalk, or in case there is none, in front of the
building site during construction or demolition unless the Building Official authorizes the sidewalk to be fenced and closed. Adequate signs and
railings shall be provided to direct pedestrian traffic.
(b) The walkway shall be capable of supporting a uniform live load of 633 kilograms per square meter (150 pounds per square foot). a durable
wearing surface shall be provided throughout the construction period.
SECTION 6.02.07: Pedestrian protection
(a) Protection Required. Pedestrian traffic shall be protected by a railing on the street side when the walkway extends into the roadway, by a railing
when adjacent to excavations, and by such other appropriate portion such as set forth in Table 6.02-A: Type of Protection Required for Pedestrian
(Annex B).
(b) Railings. Railings shall be built substantially and should be at least 1.00 meter (3 feet, 3 inches) in height.
(c) Fence. Fences shall be built of an approved material, not less than 2.40 meters (8 feet) in height above grade, and to be placed on the side of
the walkway nearest to the building site. Fences shall enclose entirely the building site. Openings in such fences shall be provided with doors which
shall be kept closed at all times.
(d) Canopies. The protective canopy shall have a clear height of 2.40 meters (8 feet) above the walkway, and shall be constructed structurally safe.
Every canopy shall have a solid fence built along its entire length on the construction side. If materials are stored or work is done on top of the
canopy, the edge along the street shall be adopted by a tight curb board not less than 30 centimeters (1 foot) high and a railing not less than 1.00
meters (3 feet, 3 inches) high shall be provided. The entire structure shall be designed to carry the loads imposed upon it: Provided, That the live
load shall be not less than 633 kilograms per square meter (150 pounds per square foot).
SECTION 6.02.08: Maintenance and Removal of Protection Devices
(a) Maintenance. Such protection devices shall be properly maintained in place and kept in good order for the entire length of time pedestrians may
be endangered.
(b) Removal. Every protection fence or canopy shall be removed within 30 days after such protection is no longer required.
SECTION 6.02.09: Demolition
(a) The work of demolishing any building shall not be commenced until the required pedestrian protection structures are in place.
(b) The Building Official require the permitee to submit plans and complete schedule for demolition. Where such required, no work shall be done
until such plans and/or schedule are approved by the Building Official.
315 | M a r t i n e z
AN ACT ESTABLISHING REFORMS IN THE REGULATION OF RENTALS OF CERTAIN RESIDENTIAL UNITS, PROVIDING THE
MECHANISMS THEREFOR AND FOR OTHER PURPOSES.
Section 1. Short Title. This Act shall be known and cited as the "Rental Reform Act of 2002."
Sec. 2. Declaration of Policy. The State shall for the common good, undertake a continuing urban land reform and housing which will make
available at affordable cost decent housing and basic services to underprivileged and homeless citizens in urban centers and resettlement areas.
Toward this end, the State shall establish reforms in the regulation of rentals of certain residential units.
Sec. 3. Monthly Rental and Maximum Increase. Beginning 01 January 2002 and for a duration of three (3) years thereafter ending on 31
December 2004, the monthly rentals of all residential units in the National Capital Region and other highly urbanized cities not exceeding Seven
thousand five hundred pesos (P7,500.00) and the monthly rentals of all residential units is all other areas not exceeding Four thousand pesos
(P4,000.00) shall not be increased annually by the lessor, without prejudice to existing contracts, by more than ten percent (10%).
Sec. 4. Definition of Terms. The following terms as used in this Act shall be understood as:
(a) "Rental" shall mean the amount paid for the use or occupancy of a residential unit whether payment is made on a monthly or other basis.
(b) "Residential unit" shall refer to an apartment, house and/or land on which another's dwelling is located and used for residential purpose and
shall include not only buildings, parts or units thereof used solely as dwelling places, boarding houses, dormitories, rooms and bedspaces offered
for rent by their owners, except motels, motel rooms, hotels, hotels rooms, but also those used for home industries, retail stores or other business
purposes if the owner thereof and his or her family actually live therein and uses it principally for dwelling purposes.
(c) "Immediate members of family of the lessee or lessor" for purposes of repossessing the leased promises, shall be limited to his or her spouse,
direct descendants or ascendants, by consanguinity or affinity.
(d) "Lessee" shall mean the person renting a residential unit.
(e) "Owner/Lessor" shall include the owner or administrator or agent of the owner of the residential unit.
(f) "Sublessor" shall mean the person who leases or rents out a residential unit leased to him by an owner.
(g) "Sublessee" shall mean the person who leased or rents out a residential unit from a sublessor.
(h) "Assignment of lease" shall mean the act contemplated in Article 1649 of the Civil Code of the Philippines.
Sec. 5. Rental and Deposit. Rental shall be paid in advance within the first five (5) days of every current month or the beginning of the lease
agreement unless the contract of lease provides for a later date of payment. The lessor cannot demand more than one (1) month advance rental
and two (2) months deposit.
Sec. 6. Assignment of Lease of Subleasing. Assignment of lease or subleasing of the whole or any portion of the residential unit, including the
acceptance of boarders or bedspacers, without the written consent of the owner/lessor is prohibited.
Sec. 7. Grounds for Judicial Ejectment. Ejectment shall be allowed on the following grounds:
(a) Assignment of lease or subleasing of residential units in whole or part, including the acceptance of boarders or bedspacers, without the written
consent of the owner/lessor.
(b) Arrears in payment of rent for a total of three (3) months: Provided, That in the case of refusal by the lessor to accept payment of the rental
agreed upon, the lessee may either deposit by way of consignation, the amount in court, or with the city or municipal treasurer, as the case may be,
or in a bank in the name of and with notice to the lessor, within one (1) month after the refusal of the lessor to accept payment.
The lessee shall thereafter deposit the rental within ten (10) days of every current month. Failure to deposit the rental for three (3) month shall
constitute a ground for ejectment. If an ejectment case is already pending, the court upon proper motion may order the lessee or any person or
persons claiming under him to immediately vacate the leased premises without prejudice to the continuation of the ejectment proceedings. At any
time, the lessor may, upon the authority of the court, withdraw the rentals deposited.
The lessor, upon authority of the court in case of consignation or upon joint affidavit by him and the lessee to be submitted to the city or municipal
treasure and to the bank where deposit was made, shall be allowed to withdraw the deposits;
316 | M a r t i n e z
(c) Legitimate need of the owner/lessor to repossess his or her property for his or her own use or for the use of any immediate member of his or her
family as a residential unit: Provided, however. That the lease for a definite period has expired: Provided, further, That the lessor has given the
lessee formal notice three (3) months in advance of the lessor's intention to repossess the property and: Provided finally; That the owner/lessor is
prohibited from leasing the residential unit or allowing its use by a third party for a period of at least one year from the time of repossession;
(d) Need of the lessor to make necessary repairs of the leased premises which is the subject of an existing order of condemnation by appropriate
authorities concerned in order to make the said premises safe and habitable: Provided. That after said repair, the lessee ejected shall have the first
preference to lease the same promises: Provided, however, That the new rental shall be reasonably commensurate with the expenses incurred for
the repair of the said residential unit and: Provided, finally, That if the residential unit is condemned or completely demolished, the lease of the new
building will no longer be subject to the aforementioned first-preference rule in this subsection; and
(e) Expiration of the period of the lease contract.
Sec. 8. Prohibition Against Ejectment by Reason of Sale or Mortgage. No lessor or his successor-in-interest shall be entitled to eject the lessee
upon the ground that the leased premises have been sold or mortgaged to a third person regardless of whether the lease or mortgage is registered
or not.
Sec. 9. Rent-to-Own Scheme. At the option of the lessor, he or she may engage the lessee in a written rent-to-own agreement that will result in
the transfer or ownership of the particular dwelling in favor of the latter. Such an agreement shall be exempt from the coverage of Section 3 of this
Act.
Sec. 10. Application of the Civil Code and Rules of Court of the Philippines. Except when the lease is for a definite period, the provisions of
paragraph (1) of Article 1673 of the Civil Code of the Philippines, insofar as they refer to residential units covered by this Act, shall be suspended
during the effectivity of this Act, but other provisions of the Civil Code and the Rules of Court on lease contracts, insofar as they are not in conflict
with the provisions of this Act shall apply.
Sec. 11. Coverage of this Act. - All residential units in the National Capital Region and other highly urbanized cities the total monthly rental for each
of which does not exceed Seven thousand five hundred pesos (P7,500.00) and all residential units in all other areas the total monthly rental for
each of which does not exceed Four thousand pesos (P4,000.00) as of the effectivity date of this Act shall be covered, without prejudice to existing
contracts.
Sec. 12. Penalties. - A fine of not less than Five thousand pesos (P5,000) nor more than Fifteen thousand pesos (15,000.00) or imprisonment of
not less than one (1) month and one (1) day to not more than six (6) months or both, shall be imposed on any person, natural or juridical, found
guilty of violating any provision of this Act.
Sec. 13. Information Drive. - The Department of the Interior and Local Government and the Housing and Urban Development Coordinating Council,
in coordination with other concerned agencies, are hereby mandated to conduct a continuing information drive about the provisions of this Act.
Sec. 14. Transition Program. - The Housing and Urban Development Coordinating Council is hereby mandated to formulate, within six (6) months
from effectivity hereof, a transition program which will provide for safety measures to cushion the impact of a free rental market.
Sec. 15. Separability Clause. - If any provision or part hereof is held invalid or unconstitutional, the remainder of the law or the provision not
otherwise affected shall remain valid and subsisting.
Sec. 16. Repealing Clause. - Any law, presidential decree or issuance, executive order, letter of instruction, administrative order, rule or regulation
contrary to or inconsistent with, the provisions of this Act is hereby repealed, modified or amended accordingly.
Sec. 17. Effectivity Clause. - This Act shall take effect on 01 January 2002 following its publication in at least two (2) newspapers of general
circulation.
Approved: December 22, 2001
AN ACT FURTHER EXTENDING THE RENT CONTROL PERIOD FOR CERTAIN RESIDENTIAL UNITS AMENDING THEREBY BATAS
PAMBANSA BLG. 877 ENTITLED: "AN ACT PROVIDING FOR THE STABILIZATION AND REGULATION OF RENTALS OF CERTAIN
RESIDENTIAL UNITS, AND FOR OTHER PURPOSES, AS AMENDED"
317 | M a r t i n e z
SECTION 1. Beginning January 1, 1998 and for a duration of four (4) years thereafter ending on December 31, 2001, monthly rentals of all
residential units covered by Batas Pambansa Blg. 877, shall not be increased by the lessor by more than the rates herein provided for:
Period Maximum Increase
January 1, 1998 December 31, 1998 Fifteen percent (15%)
Provided, That the basis for the maximum increase herein authorized for the four-year period shall be the actual monthly rental as of December 31,
1997: Provided, further, That the increase authorized herein shall be cumulative and compounded.
SECTION 2. This Act shall take effect on January 1, 1998, following its publication in at least two (2) newspapers of general circulation.
AN ACT EXTENDING THE EFFECTIVITY OF BATAS PAMBANSA BLG. 877, ENTITLED "AN ACT PROVIDING FOR THE STABILIZATION AND
REGULATION OF RENTALS OF CERTAIN RESIDENTIAL UNITS AND FOR OTHER PURPOSES," FOR ANOTHER TWO YEARS.
Section 1. The effectivity of Batas Pambansa Blg. 877, entitled "An Act Providing for the Stabilization and Regulation of Rentals of Certain
Residential Units and for Other Purposes," is hereby extended for another two years for the period January 1, 1988 to December 31, 1989:
Provided, That the allowable maximum increase for the two-year period shall not be more than twenty percent (20%) for the first year and not more
than twenty percent (20%) for the second year; which increases shall be cumulative and compounded.
Sec. 2. This Act shall take effect on January 1, 1988, following its publication in at least one newspaper of general circulation.
AN ACT TO DEFINE CONDOMINIUM, ESTABLISH REQUIREMENTS FOR ITS CREATION AND GOVERNMENT OF ITS INCIDENTS.
SECTION 1. The short title of this Act shall be "The Condominium Act".
Sec. 2. A Condominium is an interest in real property consisting of a separate interests in a unit in a residential, industrial or commercial building or
in an industrial estate and an undivided interests in common, directly and indirectly, in the land, or the appurtenant interest of their respective units
in the common areas.
The real right in condominium may be ownership or any interest in real property recognized by law on property in the Civil Code and other pertinent
laws.
Sec. 3. As used in this Act, unless the context otherwise requires:
a) "Condominium" means a condominium as defined in the next preceding section.
b) "Unit" means a part of the condominium project intended for any type of independent use or ownership, including one or more rooms or spaces
located in one or more floors (or parts of floors) in a building or buildings and such accessories as may be appended thereto: Provided, that in the
318 | M a r t i n e z
case of an industrial estate wherein the condominium project consists of several buildings, plants and factories may, by themselves, be considered
separately as individual units as herein defined.
c) "Project" means the entire parcel of real property divided or to be divided in condominiums, including all structures thereon.
d) "Industrial Estate or Estate" means a certain tract of land which is subdivided and developed primarily for industrial purposes and which usually
includes provisions for basic infrastructure facilities and common services such as roads, water, electricity, drainage and waste disposal system.
e) "Common areas" means the entire project except all units separately granted or held or reserved.
f) "To divide" real property means to divide the ownership thereof or other interests therein by conveying one or more condominium therein but less
than the whole thereof.
Sec. 4. The provisions of this Act shall apply to property divided or to be divided into condominium only if there shall be recorded in the Register of
Deeds of the province or city in which the property lies, and duly annotated in the corresponding certificate of title of the land, if the latter had been
patented or registered under either the Land Registration or Cadastral Acts, an enabling or master deed which shall contain, among others, the
following:
a) Description of the land on which the building or buildings and improvements are to be located;
b) Description of the building or buildings, stating the number of storeys and basement, the number of units and their accessories, if any;
c) Description of the common areas and facilities;
d) A statement of the exact nature of the interest acquired or to be acquired by the purchased in the separate units and the common areas of the
condominium projects. Where title to or to appurtenant interests in the common areas is to be held by a condominium corporation, a statement to
this effect shall be included;
e) A certificate of the registered owner of the property, if he is other than those executing the master deed, as well as of all registered holders of
any lien or encumbrances on the property, that they consent to the registration of the deed;
f) The following plans shall be appended to the deed as integral parts thereof:
1. A survey plan of the land included in the project, unless a survey plan of the same property had previously been filed in said office.
2. A diagrammatic floor plan of the building or buildings each unit, its relative location and approximate dimensions.
g) Any reasonable restriction not contrary to law, morals, or public policy regarding the right of any condominium owner to alienate or dispose off
his condominium.
h) The enabling or master deed may be amended or revoked upon registration of an instrument executed by a simple majority of the registered
owners of the property: Provided, That in a condominium project exclusively for either residential or commercial use, simple majority shall be on a
per unit of ownership basis and that in the case of mixed use, simple majority shall be on a floor area of ownership basis: Provided, further, That
prior notifications to all registered owners shall be submitted to the Housing and Land Use Regulatory Board and the city/municipal engineer for
approval before it can be registered. Until registration of a revocation, the provisions of this Act shall continue to apply to such property.
Sec. 5. Any transfer or conveyance of a unit or an apartment, office or store or other space therein, shall include the transfer or conveyance of the
undivided interest in the common areas or in a proper case, the membership or share holdings in the condominium corporation: Provided, however,
That where the common areas in the condominium project are held by the owners of separate units as co-owners hereof, no condominium unit
therein shall be conveyed or transferred to persons other than Filipino citizens or corporation at least 60% of the capital stock of which belong to
Filipino citizens, except in cases of hereditary succession. Where the common areas in a condominium project are held by a corporation, no
transfer or conveyance of a unit shall be valid if the concomitant transfer of the appurtenant membership or stockholding in the corporation will
cause the alien interest in such corporation to exceed the limits imposed by existing laws.
Sec. 6. Unless otherwise expressly provided in the enabling or master deed or the declaration of restrictions, the incidents of a condominium grant
are as follows:
a) the boundary of the unit granted are the interior surfaces of the perimeter walls, floors, ceiling, windows and doors thereof: Provided, that in the
case of an industrial estate condominium projects, wherein whole buildings, plants or factories may be considered as unit defined under section 3
(b) hereof, the boundary of a unit shall include the outer surfaces of the perimeter walls of said buildings, plants or factories. The following are not
part of the unit: bearing walls, columns, floors, roofs, foundations, and other common structural elements of the buildings; lobbies, stairways, hall
ways and other areas of common use, elevator equipment and shafts, central heating, central refrigeration and central air conditioning equipment,
319 | M a r t i n e z
reservoir, tanks, pumps and other central services and facilities, pipes, ducts, flues, chutes, conduits wires and other utility installations, wherever
located, except the outlets thereof when located within the unit.
b) There shall pass with the unit, as an appurtenant thereof, an exclusive casement for the use of the air space encompasses by the boundaries of
the unit as it exists at any particular time and as the unit may lawfully be altered or reconstructed from time to time. Such easement shall be
automatically terminated in any air space upon destruction of the units as to render it untenantable.
c) Unless otherwise provided, the common areas are held in common by the holders of units, in equal share one for each unit.
d) A non-exclusive easement for ingress, egress and support through the common areas in appurtenant to each unit and the common areas are
subject to such easement.
e) Each condominium owner shall have the exclusive right to paint, repaint, tile, wax, paper or otherwise refinish and decorate the inner surfaces of
the walls, ceilings, floors, windows and doors hounding his own unit: provided, that in the case of an industrial estate condominium unit, such right
may be exercised over the external surfaces of the said unit.
f) Each condominium owner shall have the exclusive right to mortgage, pledge or encumber his condominium and to have the same appraised
independently of the other condominium owner.
g) Each condominium owner has also the absolute right to sell or dispose of his condominium unless the master deed contains a requirements that
the property be first offered to the condominium owners within a reasonable period of time before the same is offered to outside parties;
Sec. 7. Except as provided in the following section, the common areas shall remain undivided, and there shall be no judicial partition thereof.
Sec. 8. Where several persons own condominium in a condominium project, an action may be brought by one or more such person for partition
thereof, by sale of the entire project, as if the owners of all the condominium in such project were co-owners of the entire project in the same
proportion as their interests in the common areas: Provided, however, that a partition shall be made only upon a showing:
a) That three years after damage or destruction to the project which renders a material part thereof unfit for its use prior thereto, the project had not
been rebuilt or repaired substantially to its state prior to its damage or destruction; or
b) That damage or destruction to the project has rendered one half or more of the units therein untenantable and that condominium owners holding
in aggregate more than 30 percent interest in the common areas are opposed to the repair or restoration of the projects; or
c) That project has been in existence in excess of 50 years, that it is obsolete and uneconomical, and that condominium owners holding in
aggregate more than 50 percent interest in the common areas are opposed to repair or restoration or remodeling or modernizing of the project; or
d) That the project or a material part thereof has been condemned or expropriated and that the project is no longer viable, or that the condominium
owners holding in aggregate more than 70 percent interest in the common areas are opposed to the continuation of the condominium regime after
expropriation or condemnation of a material proportion thereof; or
e) That the condition for such partition by sale set forth in the declaration of restrictions duly registered in accordance with the terms of this Act,
have been met.
Sec. 9. The owner of a project shall, prior to the conveyance of any condominium therein, register a declaration or restrictions, relating to such
project, which restrictions shall ensure to a bind all condominium owners in the project, such liens, unless otherwise provided, may be enforced by
any condominium owner in the project or by the management body of such project. The Register of Deeds shall enter and annotate the declaration
of restrictions, upon the Certificate of Title covering the land included within the proper, if the land is patented or registered under the Land
Registration or Cadastral Acts.
Such declaration of restrictions, among the other things, may also provide:
a) As to management body
1. For the power thereof, including power to enforce the provisions of the declarations of restrictions;
2. For the maintenance of insurance policies insuring condominium owners against loss by the, casualty, liability, workmen's compensation and
other insurable risks and for bonding of the members of any management body;
3. Provisions for maintenance, utility, gardening and other services benefiting the common areas for the operations of the building, and legal,
accounting and other professional and technical services;
4. For purchase of materials, supplies and the like needed by the common areas;
320 | M a r t i n e z
5. For payment of taxes and special assessment which would be a lien upon the entire project or common areas, for discharge of my encumbrance
levied against the entire project of the common areas;
6. The manner for delegation of its powers;
7. For reconstruction of any portion or portions of any damage to or destruction of the project;
8. For entry by its officers and agents into any unit when necessary in connection with the maintenance or construction for which such body is
responsible;
9. For a power of attorney to the management body to sell the entire project for the benefit of all of the owners thereof when partition of the project
may be authorized under Section 8 of this Act, which said power shall be binding upon all of the condominium owners regardless or whether they
assume the obligations of the restrictions or not.
b) The manner and procedure for amending such restrictions, provided, that the vote of not less than a majority in interest of the owners is
obtained;
c) For independent audit of the accounts of the management body;
d) For reasonable assessments to meet authorized expenditures, each condominium unit to be assessed separately for its share of such expenses
in proportion (unless otherwise provided) to its owner's fractional interest in any common areas;
e) For the subordination of the liens securing such assessments to other lien either generally or specifically described;
f) For conditions, other than those provided for in Sections 8 and 13 of this Act, upon which partition of the project and dissolution of the
condominium corporation may be made. Such right to partition or dissolution may be conditioned upon failure of the condominium owners to rebuild
within a certain period or upon specified percentage of damage to the building, or upon a decision of an arbitration, or upon any other reasonable
condition.
Sec. 10. Whenever the common areas in a condominium project are held by a condominium corporation, such corporation shall constitute the
management body of the project. The corporate purposes of such a corporation shall be limited to the holding of the common areas; either the
ownership of any other interest in real property recognized by the law, to the management of the project, and to such other purposes as maybe
necessary, incidental or convenient to the accomplishment of said purposes. The articles of incorporation or by laws of the corporation shall not
contain any provision contrary to or inconsistent with the provision of this Act, the enabling or master deed, or the declaration of restrictions of the
project, membership in a condominium corporation regarding of whether it is stock or non-stock corporation, shall not be transferable separately
from the condominium unit of which it is an appurtenance. When a member or a stockholder ceases to own a unit in the project in which the
condominium corporation owns or holds the common area, he shall automatically cease to be a member or stockholder of the condominium
corporation.
Sec. 11. The registration and regulation of a condominium corporation shall be vested with the Housing And Land Use Regulatory Board (HLURB)
and the term of the said corporation shall be coterminous with the duration of the subdivision projects, the provision of the corporation law to the
contrary notwithstanding.
Sec. 12. The dissolution of the condominium corporation in any manner and any of the causes provided by law shall be governed by the provisions
of the Title XIV of the Corporation Code.
Sec. 13. Until the enabling or the master deed of the project in which the condominium corporation owns or holds the common areas is revoked the
corporation shall not be voluntarily dissolved through an action for dissolution under Rule 104 of the Rules of Court except upon a showing:
a) The three years after damage or destruction to the project in which damage or destruction renders a materials part thereof unfit for its use prior
thereto, the project has not been rebuilt or repaired substantially to its state prior to its damage or destruction; or
b) The damage or destruction to the project has rendered one half or more of the units therein untenantable and that more than 30 percent of the
member of the corporation entitled to vote, if a stock corporation, are opposed to the repair or reconstruction of the project; or
c) That the project has been in existence excess of 50 years, that it is obsolete and uneconomical and that more than 50 percent of the members of
the corporation if non-stock or stockholders representing more than 50 percent of the capital stock entitled to vote, if a stock corporation, are
opposed to the repair or restoration or remodeling or modernizing of the project; or
d) That project or material part thereof has been condemned or expropriated and that the project is no longer viable or that the members holding in
aggregate more than 70 percent interest in the corporation if non-stock, or the stockholders representing more than 70 percent of the capital stock
entitled to vote, if a stock corporation, are opposed to the continuation of the condominium regime after expropriation or condemnation of a material
portion thereof; or
321 | M a r t i n e z
e) That the conditions for such a dissolution set forth in the declaration of restrictions of the project in which the corporation, are opposed to the
continuation of the condominium regime after expropriation or condemnation of a material portion thereof; or
Sec. 14. The condominium corporation may also be dissolved by the affirmative vote of all the stockholders or members thereof at a general or
special meeting duly called for such purpose: Provided, that all the requirements of Section 62 of the Corporation Law are complied with.
Sec. 15. Unless otherwise provided for in the declaration of restrictions, upon voluntary dissolution of a condominium corporation in accordance
with the provisions of Sections 13 and 14 of this Act, the corporation shall be deemed to hold a power of attorney from all the members or
stockholders to sell and dispose of their separate interests in the project and liquidation of the corporations shall be affected by a sale of the entire
project as if the corporation owned the whole thereof, subject to the rights of the corporation and of individual condominium creditors.
Sec. 16. A condominium corporation shall not, during its existence, sell, exchange, lease or otherwise dispose of the common areas owned or held
by it in the condominium project unless authorized by the affirmative vote of a simple majority of the registered owners: provided, that prior
notification to all registered owners are done and provided further, that the condominium corporation may expand or integrate the project with
another upon the affirmative vote of a simple majority of the registered owners, subject only to the final approval of the HLURB.
Sec. 17. Any provisions of the Corporation Law to the contrary not withstanding, the by-laws of a condominium corporation shall provide. That a
stockholder or member shall not be entitled to demand payment of his shares or interest in those cases where such right is granted under the
Corporation Law unless the consents to sell his separate interest in the project to the corporation or to any purchaser of the corporation's choice
who shall also buy from the corporation the dissenting member or stockholder's interest. In case of disagreement as to price, the procedure set
forth in the appropriate provisions of the Corporation Law for valuation of shares shall be allowed. The corporation shall have two years within
which to pay for the shares or furnish a purchaser of its choice from the time of award. All expenses incurred in the liquidation of interest of the
dissenting member or stockholder shall be borne by him.
Sec. 18. Upon registration of an instrument conveying a condominium, the Register of Deed shall, upon payment of the proper fees, enter and
annotate the conveyance on the certificate of title covering the land included within the project and the transferee shall be entitled to the issuance of
a "condominium owners" copy of the pertinent portion of such certificate of title. Said "Condominium Owner's" copy need not reproduce the
ownership status of other condominium in the project. A copy of the description of land, a brief description of condominium conveyed, name and
personal circumstances of the condominium owner would be sufficient for purposes of the "condominium owners" copy of the certificate of title. No
conveyance of condominium or part thereof, subsequent to the original conveyance thereof from the owner of the project, shall be registered unless
accompanied by a certificate of the management body of the project that such conveyance is in accordance with the provisions of the declaration of
restrictions of such project.
In case of condominium project registered under the provisions of the Spanish Mortgage Law or Act 3344 as amended, the registration of the deed
of conveyance of a condominium shall be sufficient if the Register of Deed shall keep the original or signed copy thereof, together with the
certificate of the management body of the project, and return a copy of the deed of conveyance to the condominium owner duly acknowledged and
stamped by the Register of Deeds in the same manner as in the case of registration of conveyance is in accordance with the provisions of the
declaration of restrictions of such project.
Sec. 19. Where the enabling or master deed provides that the land included within a condominium project are to be owned in common by the
condominium owners therein the Register of Deeds may at the request of all the condominium owner and upon surrender of all their condominium
owner's copies, cancel the certificate of title of the property and issue a new one in the name of said condominium owners as pro-indiviso co-
owners thereof.
Sec. 20. The assessment upon any condominium made in accordance with a duly registered declaration of restrictions shall be an obligation of the
owner thereof at the time the assessment is made. The amount of any such assessment plus any other charges thereon, such as interest, costs
(including attorney's fee) and penalties, as such may be provided for in the declaration of restrictions, shall be and become a lien upon the
condominium to be registered with the Register of Deed of the City or province where such condominium project is located. The notice shall state
the amount of such assessment and such other charges thereon as may be authorized by the declaration of restrictions, a description of
condominium unit against which same has been assessed, and the name of the registered owner thereof. Such notice shall be signed by an
authorized representative of the management body or as otherwise provided in the declaration of restrictions. Upon payment of said assessment
and charges of other satisfaction thereof, the management body shall cause to be registered a released of the lien.
Such lien shall be superior to all other liens registered subsequent to the registration of said notice of assessment except real property tax liens and
except that the declaration of restrictions may provide for the subordination thereof to any other liens and encumbrances, such liens may be
enforced in the same manner provided for by law for the judicial or extra-judicial foreclosure of mortgage or real property. Unless otherwise
provided for in the declaration of the restrictions, the management body shall have power to bid at foreclosure sale. The condominium owner shall
have the right of redemption as in cases of judicial or extra-judicial foreclosure of mortgages.
Sec. 21. No labor performed or services or materials furnished without the consent of or at the required of a condominium owner or his agent or his
contractor or sub-contractor, shall be the basis of a lien against the condominium of any other condominium owner, unless such other owner have
expressly consented to or requested the performance of such labor or furnishing of such materials or services. Such express consent shall be
322 | M a r t i n e z
deemed to have given by the owner of any condominium in the case of emergency repairs of his condominium unit. Labor performed or services or
materials furnished for the common areas, if duly authorized by the management body provided for in a declaration of restriction governing the
property, shall be deemed to be approved by the condominium owner. The owner of any condominium may remove his condominium from a lien
against two of the lien of the fraction of the total sum secured by such lien which is attributable to his condominium unit.
Sec. 22. Unless otherwise provided for by the declaration of restrictions, the management body, provided for herein, may acquire and hold, for the
benefit of the condominium owners, tangible personal property and may dispose of the same by sale or otherwise, and the beneficial interest in
such personal property shall be owned by the condominium owners in the same proportion as their respective interests in the common areas. A
transfer of a condominium shall transfer to the transferee ownership of the transferor's beneficial interest in such personal property.
Sec. 23. Where, in an action for partition of a condominium corporation on the ground that the project or a material part thereof has been
condemned or expropriated, the court finds that the condition provided in this Act or in the declaration have not been met, the court may decree a
reorganization of the project declaring which portion or portions of the project shall continue as a condominium project, the owners thereof, and the
respective rights of the remaining owners and the just compensation, if any, that a condominium owner may be entitled to due to deprivation of his
property. Upon receipt of a copy of the decree, the Register of Deeds shall enter and annotate the same on the pertinent certificate of title.
Sec. 24. Any deed declaration or plan for a condominium project shall be liberally construed to facilitate the operation of the project, and its
provisions shall be presumed to be independent and several.
Sec. 25. The building and design standards for condominium projects to be promulgated by HLURB shall provide for, among others, accessibility
features for disabled persons pursuant to Batas Pambansa Bilang 344 of 1994.
Sec. 26. Whenever real property has been divided into condominiums, each condominium separately owned shall be separately assessed, for
purposes of real property taxation and other tax purposes, to the owners thereof and tax on each such condominium shall constitute a lien solely
thereon.
Sec. 27. All acts or parts of Acts in conflict on inconsistent with this Act are hereby amended insofar as condominium and its incidents are
concerned.
Sec. 28. This act shall take effect upon its approval.
Approved: June 18, 1966.
AN ACT ESTABLISHING THE RULES AND POLICIES ON THE DOMESTIC ADOPTION OF FILIPINO CHILDREN AND FOR OTHER
PURPOSES
ARTICLE I
GENERAL PROVISIONS
Section 1. Short Title. This Act shall be known as the "Domestic Adoption Act of 1998."
Sec. 2. Declaration of Policies. (a) It is hereby declared the policy of the State to ensure that every child remains under the care and custody of
his/her parent(s) and be provided with love, care, understanding and security towards the full and harmonious development of his/her personality.
Only when such efforts prove insufficient and no appropriate placement or adoption within the child's extended family is available shall adoption by
an unrelated person be considered.
(b) In all matters relating to the care, custody and adoption of a child, his/her interest shall be the paramount consideration in accordance with the
tenets set forth in the United Nations (UN) Convention on the Rights of the Child; UN Declaration on Social and Legal Principles Relating to the
Protection and Welfare of Children with Special Reference to Foster Placement and Adoption, Nationally and Internationally; and the Hague
Convention on the Protection of Children and Cooperation in Respect of Intercountry Adoption. Toward this end, the State shall provide alternative
protection and assistance through foster care or adoption for every child who is neglected, orphaned, or abandoned.
323 | M a r t i n e z
(c) It shall also be a State policy to:
(i) Safeguard the biological parent(s) from making hurried decisions to relinquish his/her parental authority over his/her child;
(ii) Prevent the child from unnecessary separation from his/her biological parent(s);
(iii) Protect adoptive parent(s) from attempts to disturb his/her parental authority and custody over his/her adopted child.
Any voluntary or involuntary termination of parental authority shall be administratively or judicially declared so as to establish the status of the child
as "legally available for adoption" and his/her custody transferred to the Department of Social Welfare and Development or to any duly licensed and
accredited child-placing or child-caring agency, which entity shall be authorized to take steps for the permanent placement of the child;
(iv) Conduct public information and educational campaigns to promote a positive environment for adoption;
(v) Ensure that sufficient capacity exists within government and private sector agencies to handle adoption inquiries, process domestic adoption
applications, and offer adoption-related services including, but not limited to, parent preparation and post-adoption education and counseling; and
(vi) Encourage domestic adoption so as to preserve the child's identity and culture in his/her native land, and only when this is not available shall
intercountry adoption be considered as a last resort.
Sec. 3. Definition of Terms. For purposes of this Act, the following terms shall be defined as:
(a) "Child" is a person below eighteen (18) years of age.
(b) "A child legally available for adoption" refers to a child who has been voluntarily or involuntarily committed to the Department or to a duly
licensed and accredited child-placing or child-caring agency, freed of the parental authority of his/her biological parent(s) or guardian or adopter(s)
in case of rescission of adoption.
(c) "Voluntarily committed child" is one whose parent(s) knowingly and willingly relinquishes parental authority to the Department.
(d) "Involuntarily committed child" is one whose parent(s), known or unknown, has been permanently and judicially deprived of parental authority
due to abandonment; substantial, continuous, or repeated neglect; abuse; or incompetence to discharge parental responsibilities.
(e) "Abandoned child" refers to one who has no proper parental care or guardianship or whose parent(s) has deserted him/her for a period of at
least six (6) continuous months and has been judicially declared as such.
(f) "Supervised trial custody" is a period of time within which a social worker oversees the adjustment and emotional readiness of both adopter(s)
and adoptee in stabilizing their filial relationship.
(g) "Department" refers to the Department of Social Welfare and Development.
(h) "Child-placing agency" is a duly licensed and accredited agency by the Department to provide comprehensive child welfare services including,
but not limited to, receiving applications for adoption, evaluating the prospective adoptive parents, and preparing the adoption home study.
(i) "Child-caring agency" is a duly licensed and accredited agency by the Department that provides twenty four (24)-hour residential care services
for abandoned, orphaned, neglected, or voluntarily committed children.
(j) "Simulation of birth" is the tampering of the civil registry making it appear in the birth records that a certain child was born to a person who is not
his/her biological mother, causing such child to lose his/her true identity and status.
ARTICLE II
PRE-ADOPTION SERVICES
Sec. 4. Counseling Service. The Department shall provide the services of licensed social workers to the following:
(a) Biological Parent(s) Counseling shall be provided to the parent(s) before and after the birth of his/her child. No binding commitment to an
adoption plan shall be permitted before the birth of his/her child. A period of six (6) months shall be allowed for the biological parent(s) to reconsider
any decision to relinquish his/her child for adoption before the decision becomes irrevocable. Counseling and rehabilitation services shall also be
offered to the biological parent(s) after he/she has relinquished his/her child for adoption.
Steps shall be taken by the Department to ensure that no hurried decisions are made and all alternatives for the child's future and the implications
of each alternative have been provided.
324 | M a r t i n e z
(b) Prospective Adoptive Parent(s) Counseling sessions, adoption fora and seminars, among others, shall be provided to prospective adoptive
parent(s) to resolve possible adoption issues and to prepare him/her for effective parenting.
(c) Prospective Adoptee Counseling sessions shall be provided to ensure that he/she understands the nature and effects of adoption and is able
to express his/her views on adoption in accordance with his/her age and level of maturity.
Sec. 5. Location of Unknown Parent(s). It shall be the duty of the Department or the child-placing or child-caring agency which has custody of
the child to exert all efforts to locate his/her unknown biological parent(s). If such efforts fail, the child shall be registered as a foundling and
subsequently be the subject of legal proceedings where he/she shall be declared abandoned.
Sec. 6. Support Services. The Department shall develop a pre-adoption program which shall include, among others, the above mentioned
services.
ARTICLE III
ELIGIBILITY
Sec. 7. Who May Adopt. The following may adopt:
(a) Any Filipino citizen of legal age, in possession of full civil capacity and legal rights, of good moral character, has not been convicted of any crime
involving moral turpitude, emotionally and psychologically capable of caring for children, at least sixteen (16) years older than the adoptee, and who
is in a position to support and care for his/her children in keeping with the means of the family. The requirement of sixteen (16) year difference
between the age of the adopter and adoptee may be waived when the adopter is the biological parent of the adoptee, or is the spouse of the
adoptee's parent;
(b) Any alien possessing the same qualifications as above stated for Filipino nationals: Provided, That his/her country has diplomatic relations with
the Republic of the Philippines, that he/she has been living in the Philippines for at least three (3) continuous years prior to the filing of the
application for adoption and maintains such residence until the adoption decree is entered, that he/she has been certified by his/her diplomatic or
consular office or any appropriate government agency that he/she has the legal capacity to adopt in his/her country, and that his/her government
allows the adoptee to enter his/her country as his/her adopted son/daughter: Provided, Further, That the requirements on residency and
certification of the alien's qualification to adopt in his/her country may be waived for the following:
(i) a former Filipino citizen who seeks to adopt a relative within the fourth (4th) degree of consanguinity or affinity; or
(ii) one who seeks to adopt the legitimate son/daughter of his/her Filipino spouse; or
(iii) one who is married to a Filipino citizen and seeks to adopt jointly with his/her spouse a relative within the fourth (4th) degree of consanguinity or
affinity of the Filipino spouse; or
(c) The guardian with respect to the ward after the termination of the guardianship and clearance of his/her financial accountabilities.
Husband and wife shall jointly adopt, except in the following cases:
(i) if one spouse seeks to adopt the legitimate son/daughter of the other; or
(ii) if one spouse seeks to adopt his/her own illegitimate son/daughter: Provided, However, that the other spouse has signified his/her consent
thereto; or
(iii) if the spouses are legally separated from each other.
In case husband and wife jointly adopt, or one spouse adopts the illegitimate son/daughter of the other, joint parental authority shall be exercised
by the spouses.
Sec. 8. Who May Be Adopted. The following may be adopted:
(a) Any person below eighteen (18) years of age who has been administratively or judicially declared available for adoption;
(b) The legitimate son/daughter of one spouse by the other spouse;
(c) An illegitimate son/daughter by a qualified adopter to improve his/her status to that of legitimacy;
(d) A person of legal age if, prior to the adoption, said person has been consistently considered and treated by the adopter(s) as his/her own child
since minority;
325 | M a r t i n e z
(e) A child whose adoption has been previously rescinded; or
(f) A child whose biological or adoptive parent(s) has died: Provided, That no proceedings shall be initiated within six (6) months from the time of
death of said parent(s).
Sec. 9. Whose Consent is Necessary to the Adoption. After being properly counseled and informed of his/her right to give or withhold his/her
approval of the adoption, the written consent of the following to the adoption is hereby required:
(a) The adoptee, if ten (10) years of age or over;
(b) The biological parent(s) of the child, if known, or the legal guardian, or the proper government instrumentality which has legal custody of the
child;
(c) The legitimate and adopted sons/daughters, ten (10) years of age or over, of the adopter(s) and adoptee, if any;
(d) The illegitimate sons/daughters, ten (10) years of age or over, of the adopter if living with said adopter and the latter's spouse, if any; and
(e) The spouse, if any, of the person adopting or to be adopted.
ARTICLE IV
PROCEDURE
Sec. 10. Hurried Decisions. In all proceedings for adoption, the court shall require proof that the biological parent(s) has been properly
counseled to prevent him/her from making hurried decisions caused by strain or anxiety to give up the child, and to sustain that all measures to
strengthen the family have been exhausted and that any prolonged stay of the child in his/her own home will be inimical to his/her welfare and
interest.
Sec. 11. Case Study. No petition for adoption shall be set for hearing unless a licensed social worker of the Department, the social service office
of the local government unit, or any child-placing or child-caring agency has made a case study of the adoptee, his/her biological parent(s), as well
as the adopter(s), and has submitted the report and recommendations on the matter to the court hearing such petition.
At the time of preparation of the adoptee's case study, the concerned social worker shall confirm with the Civil Registry the real identity and
registered name of the adoptee. If the birth of the adoptee was not registered with the Civil Registry, it shall be the responsibility of the concerned
social worker to ensure that the adoptee is registered.
The case study on the adoptee shall establish that he/she is legally available for adoption and that the documents to support this fact are valid and
authentic. Further, the case study of the adopter(s) shall ascertain his/her genuine intentions and that the adoption is in the best interest of the
child.
The Department shall intervene on behalf of the adoptee if it finds, after the conduct of the case studies, that the petition should be denied. The
case studies and other relevant documents and records pertaining to the adoptee and the adoption shall be preserved by the Department.
Sec. 12. Supervised Trial Custody. No petition for adoption shall be finally granted until the adopter(s) has been given by the court a supervised
trial custody period for at least six (6) months within which the parties are expected to adjust psychologically and emotionally to each other and
establish a bonding relationship. During said period, temporary parental authority shall be vested in the adopter(s).
The court may motu proprio or upon motion of any party reduce the trial period if it finds the same to be in the best interest of the adoptee, stating
the reasons for the reduction of the period. However, for alien adopter(s), he/she must complete the six (6)-month trial custody except for those
enumerated in Sec. 7 (b) (i) (ii) (iii).
If the child is below seven (7) years of age and is placed with the prospective adopter(s) through a pre-adoption placement authority issued by the
Department, the prospective adopter(s) shall enjoy all the benefits to which biological parent(s) is entitled from the date the adoptee is placed with
the prospective adopter(s).
Sec. 13. Decree of Adoption. If, after the publication of the order of hearing has been complied with, and no opposition has been interposed to
the petition, and after consideration of the case studies, the qualifications of the adopter(s), trial custody report and the evidence submitted, the
court is convinced that the petitioners are qualified to adopt, and that the adoption would redound to the best interest of the adoptee, a decree of
adoption shall be entered which shall be effective as of the date the original petition was filed. This provision shall also apply in case the
petitioner(s) dies before the issuance of the decree of adoption to protect the interest of the adoptee. The decree shall state the name by which the
child is to be known.
326 | M a r t i n e z
Sec. 14. Civil Registry Record. An amended certificate of birth shall be issued by the Civil Registry, as required by the Rules of Court, attesting
to the fact that the adoptee is the child of the adopter(s) by being registered with his/her surname. The original certificate of birth shall be stamped
"cancelled" with the annotation of the issuance of an amended birth certificate in its place and shall be sealed in the civil registry records. The new
birth certificate to be issued to the adoptee shall not bear any notation that it is an amended issue.
Sec. 15. Confidential Nature of Proceedings and Records. All hearings in adoption cases shall be confidential and shall not be open to the
public. All records, books, and papers relating to the adoption cases in the files of the court, the Department, or any other agency or institution
participating in the adoption proceedings shall be kept strictly confidential.
If the court finds that the disclosure of the information to a third person is necessary for purposes connected with or arising out of the adoption and
will be for the best interest of the adoptee, the court may merit the necessary information to be released, restricting the purposes for which it may
be used.
ARTICLE V
EFFECTS OF ADOPTION
Sec. 16. Parental Authority. Except in cases where the biological parent is the spouse of the adopter, all legal ties between the biological
parent(s) and the adoptee shall be severed and the same shall then be vested on the adopter(s).
Sec. 17. Legitimacy. The adoptee shall be considered the legitimate son/daughter of the adopter(s) for all intents and purposes and as such is
entitled to all the rights and obligations provided by law to legitimate sons/daughters born to them without discrimination of any kind. To this end,
the adoptee is entitled to love, guidance, and support in keeping with the means of the family.
Sec. 18. Succession. In legal and intestate succession, the adopter(s) and the adoptee shall have reciprocal rights of succession without
distinction from legitimate filiation. However, if the adoptee and his/her biological parent(s) had left a will, the law on testamentary succession shall
govern.
ARTICLE VI
RESCISSION OF ADOPTION
Sec. 19. Grounds for Rescission of Adoption. Upon petition of the adoptee, with the assistance of the Department if a minor or if over eighteen
(18) years of age but is incapacitated, as guardian/counsel, the adoption may be rescinded on any of the following grounds committed by the
adopter(s): (a) repeated physical and verbal maltreatment by the adopter(s) despite having undergone counseling; (b) attempt on the life of the
adoptee; (c) sexual assault or violence; or (d) abandonment and failure to comply with parental obligations.
Adoption, being in the best interest of the child, shall not be subject to rescission by the adopter(s). However, the adopter(s) may disinherit the
adoptee for causes provided in Article 919 of the Civil Code.
Sec. 20. Effects of Rescission. If the petition is granted, the parental authority of the adoptee's biological parent(s), if known, or the legal custody
of the Department shall be restored if the adoptee is still a minor or incapacitated. The reciprocal rights and obligations of the adopter(s) and the
adoptee to each other shall be extinguished.
The court shall order the Civil Registrar to cancel the amended certificate of birth of the adoptee and restore his/her original birth certificate.
Succession rights shall revert to its status prior to adoption, but only as of the date of judgment of judicial rescission. Vested rights acquired prior to
judicial rescission shall be respected.
All the foregoing effects of rescission of adoption shall be without prejudice to the penalties imposable under the Penal Code if the criminal acts are
properly proven.
ARTICLE VII
VIOLATIONS AND PENALTIES
Sec. 21. Violations and Penalties. (a) The penalty of imprisonment ranging from six (6) years and one (1) day to twelve (12) years and/or a fine
not less than Fifty thousand pesos (P50,000.00), but not more than Two hundred thousand pesos (P200,000.00) at the discretion of the court shall
be imposed on any person who shall commit any of the following acts:
(i) obtaining consent for an adoption through coercion, undue influence, fraud, improper material inducement, or other similar acts;
(ii) non-compliance with the procedures and safeguards provided by the law for adoption; or
327 | M a r t i n e z
(iii) subjecting or exposing the child to be adopted to danger, abuse, or exploitation.
(b) Any person who shall cause the fictitious registration of the birth of a child under the name(s) of a person(s) who is not his/her biological
parent(s) shall be guilty of simulation of birth, and shall be punished by prision mayor in its medium period and a fine not exceeding Fifty thousand
pesos (P50,000.00).
Any physician or nurse or hospital personnel who, in violation of his/her oath of office, shall cooperate in the execution of the abovementioned
crime shall suffer the penalties herein prescribed and also the penalty of permanent disqualification.
Any person who shall violate established regulations relating to the confidentiality and integrity of records, documents, and communications of
adoption applications, cases, and processes shall suffer the penalty of imprisonment ranging from one (1) year and one (1) day to two (2) years,
and/or a fine of not less than Five thousand pesos (P5,000.00) but not more than Ten thousand pesos (P10,000.00), at the discretion of the court.
A penalty lower by two (2) degrees than that prescribed for the consummated offense under this Article shall be imposed upon the principals of the
attempt to commit any of the acts herein enumerated. Acts punishable under this Article, when committed by a syndicate or where it involves two
(2) or more children shall be considered as an offense constituting child trafficking and shall merit the penalty of reclusion perpetua.
Acts punishable under this Article are deemed committed by a syndicate if carried out by a group of three (3) or more persons conspiring and/or
confederating with one another in carrying out any of the unlawful acts defined under this Article. Penalties as are herein provided, shall be in
addition to any other penalties which may be imposed for the same acts punishable under other laws, ordinances, executive orders, and
proclamations.
When the offender is an alien, he/she shall be deported immediately after service of sentence and perpetually excluded from entry to the country.
Any government official, employee or functionary who shall be found guilty of violating any of the provisions of this Act, or who shall conspire with
private individuals shall, in addition to the above-prescribed penalties, be penalized in accordance with existing civil service laws, rules and
regulations: Provided, That upon the filing of a case, either administrative or criminal, said government official, employee, or functionary concerned
shall automatically suffer suspension until the resolution of the case.
Sec. 22. Rectification of Simulated Births. A person who has, prior to the effectivity of this Act, simulated the birth of a child shall not be punished
for such act: Provided, That the simulation of birth was made for the best interest of the child and that he/she has been consistently considered and
treated by that person as his/her own son/daughter: Provided, further, That the application for correction of the birth registration and petition for
adoption shall be filed within five (5) years from the effectivity of this Act and completed thereafter: Provided, finally, That such person complies with
the procedure as specified in Article IV of this Act and other requirements as determined by the Department.
ARTICLE VIII
FINAL PROVISIONS
Sec. 23. Adoption Resource and Referral Office. There shall be established an Adoption Resources and Referral Office under the Department
with the following functions: (a) monitor the existence, number, and flow of children legally available for adoption and prospective adopter(s) so as
to facilitate their matching; (b) maintain a nationwide information and educational campaign on domestic adoption; (c) keep records of adoption
proceedings; (d) generate resources to help child-caring and child-placing agencies and foster homes maintain viability; and (e) do policy research
in collaboration with the Intercountry Adoption Board and other concerned agencies. The office shall be manned by adoption experts from the
public and private sectors.
Sec. 24. Implementing Rules and Regulations. Within six (6) months from the promulgation of this Act, the Department, with the Council for the
Welfare of Children, the Office of Civil Registry General, the Department of Justice, Office of the Solicitor General, and two (2) private individuals
representing child-placing and child-caring agencies shall formulate the necessary guidelines to make the provisions of this Act operative.
Sec. 25. Appropriations. Such sum as may be necessary for the implementation of the provisions of this Act shall be included in the General
Appropriations Act of the year following its enactment into law and thereafter.
Sec. 26. Repealing Clause. Any law, presidential decree or issuance, executive order, letter of instruction, administrative order, rule, or
regulation contrary to, or inconsistent with the provisions of this Act is hereby repealed, modified, or amended accordingly.
Sec. 27. Separability Clause. If any provision of this Act is held invalid or unconstitutional, the other provisions not affected thereby shall remain
valid and subsisting.
Sec. 28. Effectivity Clause. This Act shall take effect fifteen (15) days following its complete publication in any newspaper of general circulation
or in the Official Gazette.
Approved: February 25, 1998

328 | M a r t i n e z
AN ACT ESTABLISHING THE RULES TO GOVERN INTER-COUNTRY ADOPTION OF FILIPINO CHILDREN, AND FOR OTHER PURPOSES.
ARTICLE I
GENERAL PROVISIONS
SECTION 1. Short Title. This Act shall be known as the "Inter-Country Adoption Act of 1995."
Sec. 2. Declaration of Policy. It is hereby declared the policy of the State to provide every neglected and abandoned child with a family that will
provide such child with love and care as well as opportunities for growth and development. Towards this end, efforts shall be exerted to place the
child with an adoptive family in the Philippines. However, recognizing that inter-country adoption may be considered as allowing aliens not presently
allowed by law to adopt Filipino children if such children cannot be adopted by qualified Filipino citizens or aliens, the State shall take measures to
ensure that inter-country adoptions are allowed when the same shall prove beneficial to the child's best interests, and shall serve and protect
his/her fundamental rights.
Sec. 3. Definition of Terms. As used in this Act. the term:
(a) Inter-country adoption refers to the socio-legal process of adopting a Filipino child by a foreigner or a Filipino citizen permanently residing
abroad where the petition is filed, the supervised trial custody is undertaken, and the decree of adoption is issued outside the Philippines.
(b) Child means a person below fifteen (15) years of age unless sooner emancipated by law.
(c) Department refers to the Department of Social Welfare and Development of the Republic of the Philippines.
(d) Secretary refers to the Secretary of the Department of Social Welfare and Development.
(e) Authorized and accredited agency refers to the State welfare agency or a licensed adoption agency in the country of the adopting parents which
provide comprehensive social services and which is duly recognized by the Department.
(f) Legally-free child means a child who has been voluntarily or involuntarily committed to the Department, in accordance with the Child and Youth
Welfare Code.
(g) Matching refers to the judicious pairing of the adoptive child and the applicant to promote a mutually satisfying parent-child relationship.
(h) Board refers to the Inter-country Adoption Board.
ARTICLE II
THE INTER-COUNTRY ADOPTION BOARD
Sec. 4. The Inter-Country Adoption Board. There is hereby created the Inter-Country Adoption Board, hereinafter referred to as the Board to act
as the central authority in matters relating to inter-country adoption. It shall act as the policy-making body for purposes of carrying out the provisions
of this Act, in consultation and coordination with the Department, the different child-care and placement agencies, adoptive agencies, as well as
non-governmental organizations engaged in child-care and placement activities. As such, it shall:
(a) Protect the Filipino child from abuse, exploitation, trafficking and/or sale or any other practice in connection with adoption which is harmful,
detrimental, or prejudicial to the child;
(b) Collect, maintain, and preserve confidential information about the child and the adoptive parents;
(c) Monitor, follow up, and facilitate completion of adoption of the child through authorized and accredited agency;
329 | M a r t i n e z
(d) Prevent improper financial or other gain in connection with an adoption and deter improper practices contrary to this Act;
(e) Promote the development of adoption services including post-legal adoption;
(f) License and accredit child-caring/placement agencies and collaborate with them in the placement of Filipino children;
(g) Accredit and authorize foreign adoption agency in the placement of Filipino children in their own country; and
(h) Cancel the license to operate and blacklist the child-caring and placement agency or adoptive agency involved from the accreditation list of the
Board upon a finding of violation of any provision under this Act.
Sec. 5. Composition of the Board. The Board shall be composed of the Secretary of the Department as ex officio Chairman, and six (6) other
members to be appointed by the President for a nonrenewable term of six (6) years: Provided, That there shall be appointed one (1) psychiatrist or
psychologist, two (2) lawyers who shall have at least the qualifications of a regional trial court judge, one (1) registered social worker and two (2)
representatives from non-governmental organizations engaged in child-caring and placement activities. The members of the Board shall receive a
per diem allowance of One thousand five hundred pesos (P1,500) for each meeting attended by them: Provided, further, That no compensation
shall be paid for more than four (4) meetings a month.
Sec. 6. Powers and Functions of the Board. The Board shall have the following powers and functions:
(a) to prescribe rules and regulations as it may deem reasonably necessary to carry out the provisions of this Act, after consultation and upon
favorable recommendation of the different agencies concerned with the child-caring, placement, and adoption;
(b) to set the guidelines for the convening of an Inter-country Adoption Placement Committee which shall be under the direct supervision of the
Board;
(c) to set the guidelines for the manner by which selection/matching of prospective adoptive parents and adoptive child can be made;
(d) to determine a reasonable schedule of fees and charges to be exacted in connection with the application for adoption;
(e) to determine the form and contents of the application for inter-country adoption;
(g) to institute systems and procedures to prevent improper financial gain in connection with adoption and deter improper practices which are
contrary to this Act;
(h) to promote the development of adoption services, including post-legal adoption services,
(i) to accredit and authorize foreign private adoption agencies which have demonstrated professionalism, competence and have consistently
pursued non-profit objectives to engage in the placement of Filipino children in their own country: Provided, That such foreign private agencies are
duly authorized and accredited by their own government to conduct inter-country adoption: Provided, however, That the total number of authorized
and accredited foreign private adoption agencies shall not exceed one hundred (100) a year;
(j) to take appropriate measures to ensure confidentiality of the records of the child, the natural parents and the adoptive parents at all times;
(k) to prepare, review or modify, and thereafter, recommend to the Department of Foreign Affairs, Memoranda of Agreement respecting inter-
country adoption consistent with the implementation of this Act and its stated goals, entered into, between and among foreign governments,
international organizations and recognized international non-governmental organizations;
(l) to assist other concerned agencies and the courts in the implementation of this Act, particularly as regards coordination with foreign persons,
agencies and other entities involved in the process of adoption and the physical transfer of the child; and
(m) to perform such other functions on matters relating to inter-country adoption as may be determined by the President.
ARTICLE III
PROCEDURE
Sec. 7. Inter-Country Adoption as the Last Resort. The Board shall ensure that all possibilities for adoption of the child under the Family Code
have been exhausted and that inter-country adoption is in the best interest of the child. Towards this end, the Board shall set up the guidelines to
ensure that steps will be taken to place the child in the Philippines before the child is placed for inter-country adoption: Provided, however, That the
maximum number that may be allowed for foreign adoption shall not exceed six hundred (600) a year for the first five (5) years.
330 | M a r t i n e z
Sec. 8. Who May be Adopted. Only a legally free child may be the subject of inter-country adoption. In order that such child may be considered
for placement, the following documents must be submitted to the Board:
(a)Child study;
(b)Birth certificate/foundling certificate;
(c)Deed of voluntary commitment/decree of abandonment/death certificate of parents;
(d)Medical evaluation /history;
(e)Psychological evaluation, as necessary; and
(f)Recent photo of the child.
Sec. 9. Who May Adopt. An alien or a Filipino citizen permanently residing abroad may file an application for inter-country adoption of a Filipino
child if he/she:
(a) is at least twenty-seven (27) years of age and at least sixteen (16) years older than the child to be adopted, at the time of application unless the
adopter is the parent by nature of the child to be adopted or the spouse of such parent:
(b) if married, his/her spouse must jointly file for the adoption;
(c) has the capacity to act and assume all rights and responsibilities of parental authority under his national laws, and has undergone the
appropriate counseling from an accredited counselor in his/her country;
(d) has not been convicted of a crime involving moral turpitude;
(e) is eligible to adopt under his/her national law;
(f) is in a position to provide the proper care and support and to give the necessary moral values and example to all his children, including the child
to be adopted;
(g) agrees to uphold the basic rights of the child as embodied under Philippine laws, the U.N. Convention on the Rights of the Child, and to abide
by the rules and regulations issued to implement the provisions of this Act;
(h) comes from a country with whom the Philippines has diplomatic relations and whose government maintains a similarly authorized and
accredited agency and that adoption is allowed under his/her national laws; and
(i) possesses all the qualifications and none of the disqualifications provided herein and in other applicable Philippine laws.
Sec. 10. Where to File Application. An application to adopt a Filipino child shall be filed either with the Philippine Regional Trial Court having
jurisdiction over the child, or with the Board, through an intermediate agency, whether governmental or an authorized and accredited agency, in the
country of the prospective adoptive parents, which application shall be in accordance with the requirements as set forth in the implementing rules
and regulations to be promulgated by the Board.
The application shall be supported by the following documents written and officially translated in English.
(a) Birth certificate of applicant(s);
(b) Marriage contract, if married, and divorce decree, if applicable;
(c) Written consent of their biological or adoptive children above ten (10) years of age, in the form of sworn statement;
(d) Physical, medical and psychological evaluation by a duly licensed physician and psychologist;
(e) Income tax returns or any document showing the financial capability of the applicant(s);
(f) Police clearance of applicant(s);
(g) Character reference from the local church/minister, the applicant's employer and a member of the immediate community who have known the
applicant(s) for at least five (5) years; and
331 | M a r t i n e z
(h) Recent postcard-size pictures of the applicant(s) and his immediate family;
The Rules of Court shall apply in case of adoption by judicial proceedings.
Sec. 11. Family Selection/Matching. No child shall be matched to a foreign adoptive family unless it is satisfactorily shown that the child cannot
be adopted locally. The clearance, as issued by the Board, with the copy of the minutes of the meetings, shall form part of the records of the child
to be adopted. When the Board is ready to transmit the Placement Authority to the authorized and accredited inter-country adoption agency and all
the travel documents of the child are ready, the adoptive parents, or any one of them, shall personally fetch the child in the Philippines.
Sec. 12. Pre-adoptive Placement Costs. The applicant(s) shall bear the following costs incidental to the placement of the child;
(a) The cost of bringing the child from the Philippines to the residence of the applicant(s) abroad, including all travel expenses within the Philippines
and abroad; and
(b) The cost of passport, visa, medical examination and psychological evaluation required, and other related expenses.
Sec. 13. Fees, Charges and Assessments. Fees, charges, and assessments collected by the Board in the exercise of its functions shall be used
solely to process applications for inter-country adoption and to support the activities of the Board.
Sec. 14. Supervision of Trial Custody. The governmental agency or the authorized and accredited agency in the country of the adoptive parents
which filed the application for inter-country adoption shall be responsible for the trial custody and the care of the child. It shall also provide family
counseling and other related services. The trial custody shall be for a period of six (6) months from the time of placement. Only after the lapse of
the period of trial custody shall a decree of adoption be issued in the said country a copy of which shall be sent to the Board to form part of the
records of the child.
During the trial custody, the adopting parent(s) shall submit to the governmental agency or the authorized and accredited agency, which shall in
turn transmit a copy to the Board, a progress report of the child's adjustment. The progress report shall be taken into consideration in deciding
whether or not to issue the decree of adoption.
The Department of Foreign Affairs shall set up a system by which Filipino children sent abroad for trial custody are monitored and checked as
reported by the authorized and accredited inter-country adoption agency as well as the repatriation to the Philippines of a Filipino child whose
adoption has not been approved.
Sec. 15. Executive Agreements. The Department of Foreign Affairs, upon representation of the Board, shall cause the preparation of Executive
Agreements with countries of the foreign adoption agencies to ensure the legitimate concurrence of said countries in upholding the safeguards
provided by this Act.
ARTICLE IV
PENALTIES
Sec. 16. Penalties. (a) Any person who shall knowingly participate in the conduct or carrying out of an illegal adoption, in violation of the
provisions of this Act, shall be punished with a penalty of imprisonment ranging from six (6) years and one (1) day to twelve (12) years and/or a fine
of not less than Fifty thousand pesos (P50,000), but not more than Two hundred thousand pesos (P200.000), at the discretion of the court. For
purposes of this Act, an adoption is illegal if it is effected in any manner contrary to the provisions of this Act or established State policies, its
implementing rules and regulations, executive agreements, and other laws pertaining to adoption. Illegality may be presumed from the following
acts:
(1)consent for an adoption was acquired through, or attended by coercion, fraud, improper material inducement;
(2)there is no authority from the Board to effect adoption;
(3)the procedures and safeguards placed under the law for adoption were not complied with; and
(4)the child to be adopted is subjected to, or exposed to danger, abuse and exploitation.
(b)Any person who shall violate established regulations relating to the confidentiality and integrity of records, documents and communications of
adoption applications, cases and processes shall suffer the penalty of imprisonment ranging from one (1) year and one (1) day to two (2) years,
and/or a fine of not less than Five thousand pesos (P5,000), but not more than Ten thousand pesos (P10,000), at the discretion of the court.
A penalty lower by two (2) degrees than that prescribed for the consummated felony under this Article shall be imposed upon the principals of the
attempt to commit any of the acts herein enumerated.
332 | M a r t i n e z
Acts punishable under this Article, when committed by a syndicate or where it involves two or more children shall be considered as an offense
constituting child trafficking and shall merit the penalty of reclusion perpetua.
Acts punishable under this Article are deemed committed by a syndicate if carried out by a group of three (3) or more persons conspiring and/or
confederating with one another in carrying out any of the unlawful acts defined under this Article.Penalties as are herein provided shall be in
addition to any other penalties which may be imposed for the same acts punishable under other laws, ordinances, executive orders, and
proclamations.
Sec. 17. Public Officers as Offenders. Any government official, employee or functionary who shall be found guilty of violating any of the
provisions of this Act, or who shall conspire with private individuals shall, in addition to the above-prescribed penalties, be penalized in accordance
with existing civil service laws, rules and regulations: Provided, That upon the filing of a case, either administrative or criminal, said government
official, employee or functionary concerned shall automatically suffer suspension until the resolution of the case.
ARTICLE V
FINAL PROVISIONS
Sec. 18. Implementing Rules and Regulations. The Inter-country Adoption Board, in coordination with the Council for the Welfare of Children, the
Department of Foreign Affairs, and the Department of Justice, after due consultation with agencies involved in child-care and placement, shall
promulgate the necessary rules and regulations to implement the provisions of this Act within six (6) months after its effectivity.
Sec. 19. Appropriations. The amount of Five million pesos (P5,000,000) is hereby appropriated from the proceeds of the Lotto for the initial
operations of the Board and subsequently the appropriations of the same shall be included in the General Appropriations Act for the year following
its enactment.
Sec. 20. Separability Clause. If any provision, or part hereof is held invalid or unconstitutional, the remainder of the law or the provision not
otherwise affected, shall remain valid and subsisting.
Sec. 21. Repealing Clause. Any law, decree, executive order, administrative order or rules and regulations contrary to, or inconsistent with the
provisions of this Act are hereby repealed, modified or amended accordingly.
Sec. 22. Effectivity Clause. This Act shall take effect fifteen (15) days after its publication in two (2) newspapers of general circulation.
Approved: June 7, 1995
AN ACT ESTABLISHING FAMILY COURTS, GRANTING THEM EXCLUSIVE ORIGINAL JURISDICTION OVER CHILD AND FAMILY CASES,
AMENDING BATAS PAMBANSA BILANG 129,AS AMENDED, OTHERWISE KNOWN AS ACT OF 1980, APPROPRIATING FUNDS THEREFOR
AND FOR OTHER PURPOSES.
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:
SECTION 1. Title. - This Act shall be known as the "Family Courts Act of 1997".
SECTION 2. Statement of National Policies. - The State shall protect the rights and promote the welfare of children in keeping with the mandate of
the Constitution and the precepts of the United Nations Convention on the rights of the Child. The State shall provide a system of adjudication for
youthful offenders which takes into account their peculiar circumstances.
The State recognizes the sanctity of family life and shall protect and strengthen the family as a basic autonomous social institution. The courts shall
preserve the solidarity of the family, provide procedures for the reconciliation of spouses and the amicable settlement of family controversy.
SECTION 3. Establishment of Family Courts. - There shall be established a Family Court in every province and city in the country. In case where
the city is the capital of the province, the Family Court shall be established in the municipality which has the highest population.
SECTION 4. Qualification and Training of Family Court Judges. - Section 15 of Batas Pambansa Blg. 129, as amended, is hereby further amended
to read as follows:
333 | M a r t i n e z
"SECTION 15. (a) Qualification. - No person shall be appointed Regional Trial Judge or Presiding Judge of the Family Court unless he is a natural-
born citizen of the Philippines, at least thirty-five (35) years of age, and, for at least ten (10) years, has been engaged in the practice of law in the
Philippines or has held a public office in the Philippines requiring admission to the practice of law as indispensable requisite.
"(b) Training of Family Court Judges. - The Presiding Judge, as well as the court personnel of the Family Courts, shall undergo training and must
have the experience and demonstrated ability in dealing with child and family cases.
"The Supreme Court shall provide a continuing education program on child and family laws, procedure and other related disciplines to judges and
personnel of such courts."
SECTION 5. Jurisdiction offamily Courts. - The Family Courts shall have exclusive original jurisdiction to hear and decide the following cases:
a) Criminal cases where one or more of the accused is below eighteen (18) years of age but not less than nine (9) years of age but not less than
nine (9) years of age or where one or more of the victims is a minor at the time of the commission of the offense: Provided, That if the minor is
found guilty, the court shall promulgate sentence and ascertain any civil liability which the accused may have incurred.
The sentence, however, shall be suspended without need of application pursuant to Ptesidential Decree No. 603, otherwise known as the "Child
and Youth Welfare Code";
b) Petitions for guardianship, custody of children, habeas corpus in relation to the latter;
c) Petitions for adoption of children and the revocation thereof;
d) Complaints for annulment of marriage, declaration of nullity of marriage and those relating to marital status and property relations of husband
and wife or those living together under different status and agreements, and petitions for dissolution of conjugal partnership of gains;
e) Petitions for support and/or acknowledgment;
f) Summary judicial proceedings brought under the provisions of Executive Order No. 209, otherwise known as the "Family Code of the
Philippines";
g) Petitions for declaration of status of children as abandoned, dependent o neglected children, petitions for voluntary or involuntary commitment of
children; the suspension, termination, or restoration of parental authority and other cases cognizable under Presidential Decree No. 603, Executive
Order No. 56, (Series of 1986), and other related laws;
h) Petitions for the constitution of the family home;
i) Cases against minors cognizable under the Dangerous Drugs Act, as amended;
j) Violations of Republic Act No. 7610, otherwise known as the "Special Protection of Children Against Child Abuse, Exploitation and Discrimination
Act," as amended by Republic Act No. 7658; and
k) Cases of domestic violence against:
1) Women - which are acts of gender based violence that results, or are likely to result in physical, sexual or psychological harm or suffering to
women; and other forms of physical abuse such as battering or threats and coercion which violate a woman's personhood, integrity and freedom
movement; and
2) Children - which include the commission of all forms of abuse, neglect, cruelty, exploitation, violence, and discrimination and all other conditions
prejudicial to their development.
If an act constitutes a criminal offense, the accused or batterer shall be subject to criminal proceedings and the corresponding penalties.
If any question involving any of the above matters should arise as an incident in any case pending in the regular courts, said incident shall be
determined in that court.
SECTION 6. Use of Income. - All Family Courts shall be allowed the use of ten per cent (10%) of their income derived from filing and other court
fees under Rule 141 of the Rules of Court for research and other operating expenses including capital outlay: Provided, That this benefit shall
likewise be enjoyed by all courts of justice.
The Supreme Court shall promulgate the necessary guidelines to effectively implement the provisions of this section.
334 | M a r t i n e z
SECTION 7. Special Provisional Remedies. - In cases of violence among immediate family members living in the same domicile or household, the
Family Court may issue a restraining order against the accused of defendant upon verified application by the complainant or the victim for relief
from abuse.
The court may order the temporary custody of children in all civil actions for their custody. The court may also order support pendente lite, including
deduction from the salary and use of conjugal home and other properties in all civil actions for support.
SECTION 8. Supervision of Youth Detention Homes. - The judge of the Family Court shall have direct control and supervision of the youth
detention home which the local government unit shall establish to separate the youth offenders from adult criminals: Provided, however, That
alternatives to detention and institutional care shall be made available to the accused including counseling, recognizance, bail, community
continuum, or diversions from the justice system: Provided, further, That the human rights of the accused are fully respected in a manner
appropriate to their well-being.
SECTION 9. Social Services and Counseling Division. - Under the guidance ofthe Department of Social Welfare and Development (DSWD), a
Social Services and Counseling Division (SSCD) shall be established in each judicial region as the Supreme Court shall deem necessary based on
the number of juvenile and family cases existing in such jurisdiction. It shall provide appropriate social services to all juvenile and family cases filed
with the court and recommend the proper social action. It shall also develop programs, formulate uniform policies and procedures, and provide
technical supervision and monitoring of all SSCD in coordination with the judge.
SECTION 10. Social Services and Counseling Division Staff. - The SSCD shall have a staff composed of qualified social workers and other
personnel with academic preparation in behavioral sciences to carry out the duties'of conducting intake assessment, social case studies, casework
and counseling, and othersocial services that may be needed in connection with cases filed with the court: Provided, however, That in adoption
cases and in petitions for declaration of abandonment, the case studies may be prepared by social workers of duly licensed child caring or child
placement agencies, or the DSWD. When warranted, the division shall recommend that the court avail itself of consultative services of
psychiatrists, psychologists, and other qualified specialists presently employed in other departments of the government in connection with its cases.
The position of Social Work Adviser shall be created under the Office of the Court Administrator, who shall monitor and supervise the SSCD ofthe
Regional Trial Court.
SECTION 11. Alternative Social Services. - In accordance with Section 17 of this Act, in areas where no Family Court has been established or no
Regional Trial Court was designated by the Supreme Court due to the limited number of cases, the DSWD shall designate and assign qualified,
trained, and DSWD accredited social workers of the local government units to handle juvenile and family cases filed in the designated Regional
Trial Court of the place
SECTION 12. Privacy and Confidentiality of Proceedings. - All hearings and conciliation of the child and family cases shall be treated in a manner
consistent with the promotion of the child's and the family's dignity and worth, and shall respect their privacy at all stages of the proceedings.
Records of the cases shall be dealt with utmost confidentiality and the identity of parties shall not be divulged unless necessary and with authority
of the judge
SECTION 13. Special Rules of Procedure. - The Supreme Court shall promulgate special rules of procedure for the transfer of cases to the new
courts during the transition period and for the disposition of family cases with the best interests of the child and the protection of the family as
primary consideration taking into account the United Nations Convention on the Rights of the Child.
SECTION 14. Appeals. - Decisions and orders of the court shall be appealed in the same manner and subject to the same conditions as appeals
from the ordinary Regional Trial Courts.
SECTION 15. Appropriations. - The amount necessary to carry out the provisions of this Act shall be included in the General Appropriations Act of
the year following in its enactment into law and thereafter.
SECTION 16. Implementing Rules and Regulations. - The Supreme Court, in coordination with the DSWD, shall formulate the necessary rules and
regulations for the effective implementation of the social aspects of this Act.
SECTION 17. Transitory Provisions. - Pending the establishment of such Family Courts, the Supreme Court shall designate from among the
branches ofthe Regional Trial Court at least one Family Court in each of the cities of Manila, Quezon, Pasay, Caloocan, Makati, Pasig,
Mandaluyong, Muntinlupa, Laoag, Baguio, Santiago, Dagupan, Olongapo, Cabanatuan, San Jose, Angeles, Cavite, Batangas, Lucena, Naga, Iriga,
Legazpi, Roxas, Iloilo, Bacolod, Dumaguete, Tacloban, Cebu, Mandaue, Tagbilaran, Surigao, Butuan, Cagayan de Oro, Davao, General Santos,
Oroquieta, Ozamis, Dipolog, Zamboanga, Pagadian, Iligan, and in such other places as the Supreme Court may deem necessary.
Additional cases other than those provided in Section 5 may be assigned to the Family Courts when their dockets permit: Provided, That such
additional cases shall not be heard on the same day family cases are heard.
In areas where there are no Family Courts, the cases referred to in Section 5 of this Act shall be adjudicated by the Regional Trial Court.
335 | M a r t i n e z
SECTION 18. Separability Clause. - In case any provision of this Act is declared unconstitutional, the other provisions shall remain in effect.
SECTION 19. Repealing Clause. - All other laws, decrees, executive orders, rules or regulations inconsistent herewith are hereby repealed,
amended or modified accordingly.
SECTION 20. Effectivity. - This Act shall take effect fifteen (15) days after its publication in at least two (2) national newspapers of general
circulation.
Approved:
(SGD.) JOSE DE VENECIA JR.
Speaker of the House of Representatives
(SGD.) ERNESTO M. MACEDA
President of the Senate
This Act, which is a consolidation of Senate Bill No. 1205 and House Bill No. 9292 was finally passed by the Senate and the House of
Representatives on October 13, 1997 and October 9, 1997, respectively.
(SGD.) ROBERTO P. NAZARENO
Secretary General House of Representatives
(SGD.) LORENZO E. LEYNES, JR.
Secretary of the Senate
Approved: October 28, 1997
(SGD.) FIDEL V. RAMOS
President of the Philippines
AN ACT ALLOWING ILLEGITIMATE CHILDREN TO USE THE SURNAME OF THEIR FATHER, AMENDING FOR THE PURPOSE ARTICLE 176
OF EXECUTIVE ORDER NO. 209, OTHERWISE KNOWN AS THE "FAMILY CODE OF THE PHILIPPINES."
Section 1. Article 176 of Executive Order No. 209, otherwise known as the Family Code of the Philippines, is hereby amended to read as follows:
"Article 176. Illegitimate children shall use the surname and shall be under the parental authority of their mother, and shall be entitled to support in
conformity with this Code. However, illegitimate children may use the surname of their father if their filiation has been expressly recognized by the
father through the record of birth appearing in the civil register, or when an admission in a public document or private handwritten instrument is
made by the father. Provided, the father has the right to institute an action before the regular courts to prove non-filiation during his lifetime. The
legitime of each illegitimate child shall consist of one-half of the legitime of a legitimate child."
Sec. 2. Repealing Clause. All laws, presidential decrees, executive orders, proclamations, rules and regulations, which are inconsistent with the
provisions of this Act are hereby repealed or modified accordingly.
Sec. 3. Effectivity Clause. This Act shall take effect fifteen (15) days from its publication in the Official Gazette or in two (2) newspapers of general
circulation.
336 | M a r t i n e z
Approved: February 24 2004
AN ACT AMENDING TITLE I, CHAPTER 3, ARTICLE 39 OF EXECUTIVE ORDER NO. 209, OTHERWISE KNOWN AS THE FAMILY CODE OF
THE PHILIPPINES, NULLIFYING THE PRESCRIPTIVE PERIOD FOR ACTION OR DEFENSES GROUNDED ON PSYCHOLOGICAL
INCAPACITY
SECTION 1. Title I, Chapter 3, Article 39 of Executive Order No. 209, otherwise known as the Family Code of the Philippines, is hereby amended
to read as follows:
"TITLE I MARRIAGE
"CHAPTER 3 VOID AND VOIDABLE MARRIAGES
"Art. 39. The action or defense for the declaration of absolute nullity of a marriage shall not prescribe."
SECTION 2. Effectivity clause. This Act shall take effect after fifteen (15) days following its publication in the Official Gazette or in two (2)
newspapers of general circulation.
Approved: February 23, 1998
AN ACT LOWERING THE AGE OF MAJORITY FROM TWENTY-ONE TO EIGHTEEN YEARS, AMENDING FOR THE PURPOSE EXECUTIVE
ORDER NUMBERED TWO HUNDRED NINE, AND FOR OTHER PURPOSES.
Section 1. Article 234 of Executive Order No. 209, the Family Code of the Philippines, is hereby amended to read as follows:
"Art. 234.Emancipation takes place by the attainment of majority. Unless otherwise provided, majority commences at the age of eighteen years."
Sec. 2. Articles 235 and 237 of the same Code are hereby repealed.
Sec. 3. Article 236 of the same Code is also hereby amended to read as follows:
"Art. 236.Emancipation shall terminate parental authority over the person and property of the child who shall then be qualified and responsible for
all acts of civil life, save the exceptions established by existing laws in special cases.
"Contracting marriage shall require parental consent until the age of twenty-one.
"Nothing in this Code shall be construed to derogate from the duty or responsibility of parents and guardians for children and wards below twenty-
one years of age mentioned in the second and third paragraphs of Article 2180 of the Civil Code."
Sec. 4. Upon the effectivity of this Act, existing wills, bequests, donations, grants, insurance policies and similar instruments containing references
and provisions favorable to minors will not retroact to their prejudice.
Sec. 5. This Act shall take effect upon completion of its publication in at least two (2) newspapers of general circulation.

337 | M a r t i n e z
AN ACT ALLOWING ADMINISTRATIVE RECONSTITUTION OF ORIGINAL COPIES OF CERTIFICATES OF TITLES LOST OR DESTROYED
DUE TO FIRE, FLOOD AND OTHER FORCE MAJEURE, AMENDING FOR THE PURPOSE SECTION ONE HUNDRED TEN OF PRESIDENTIAL
DECREE NUMBERED FIFTEEN TWENTY-NINE AND SECTION FIVE OF REPUBLIC ACT NUMBERED TWENTY-SIX.
Section 1. Section 110 of Presidential Decree No. 1529 is hereby amended to read as follows:
"Sec. 110. Reconstitution of Lost or Destroyed Original of Torrens Title. Original copies of certificates of titles lost or destroyed in the offices of
Register of Deeds as well as liens and encumbrances affecting the lands covered by such titles shall be reconstituted judicially in accordance with
the procedure prescribed in Republic Act No. 26 insofar as not inconsistent with this Decree. The procedure relative to administrative reconstitution
of lost or destroyed certificate prescribed in said Act may be availed of only in case of substantial loss or destruction of land titles due to fire, flood
or other force majeure as determined by the Administrator of the Land Registration Authority: Provided, That the number of certificates of titles lost
or damaged should be at least ten percent (10%) of the total number in the possession of the Office of the Register of Deeds: Provided, further,
That in no case shall the number of certificates of titles lost or damaged be less than five hundred (500).
"Notice of all hearings of the petition for judicial reconstitution shall be furnished the Register of Deeds of the place where the land is situated and to
the Administrator of the Land Registration Authority. No order or judgment ordering the reconstitution of a certificate of title shall become final until
the lapse of fifteen (15) days from receipt by the Register of Deeds and by the Administrator of the Land Registration Authority of a notice of such
order or judgment without any appeal having been filed by any such officials."
Sec. 2. For the purpose of the preceding section, Section 5 of Republic Act No. 26 is hereby revived and amended to read as follows:
"Sec. 5. Petitions for reconstitution from sources enumerated in Sections 2(a), 2(b), 3(a,) and 3(b) of this Act may be filed with the Register of
Deeds concerned by the registered owner, his assigns, or other person, both natural and juridical, having an interest in the property. The petition
shall be accompanied with the necessary sources for reconstitution and with an affidavit of the registered owner stating, among other things:
"(1) That no deed or other instrument affecting the property had been presented for registration, or, if there be any, the nature thereof, the date of
its presentation, as well as the names of the parties, and whether the registration of such deed or instrument is still pending accomplishment;
"(2) That the owner's duplicate certificate or co-owner's duplicate is in due form without any apparent intentional alterations or erasures;
"(3) That the certificate of title is not the subject of litigation or investigation, administrative or judicial, regarding its genuineness or due execution or
issuance;
"(4) That the certificate of title was in full force and effect at the time it was lost or destroyed;
"(5) That the certificate of title is covered by a tax declaration regularly issued by the Assessor's Office; and
"(6) That real estate taxes have been fully paid up to at least two (2) years prior to the filing of the petition for reconstitution.
"If the reconstitution is to be made from any of the sources enumerated in Section 2(b) or 3(b), the affidavit should further state that the owner's
duplicate has been lost or destroyed and the circumstances under which it was lost or destroyed. Thereupon, the Register of Deeds shall, no valid
reason to the contrary existing, reconstitute the certificate of title as provided in this Act."
Sec. 3. Immediately after the loss or destruction of titles mentioned in Section 2 hereof, a true, complete and faithful inventory of all books, titles,
documents, cash and property in the Registry of Deeds concerned shall be prepared by the Land Registration Authority through the newly
designated reconstituting officer or Register of Deeds. Said inventory, duly signed and certified under oath by the Administrator of the Land
Registration Authority, shall be published in a newspaper of general circulation in the province or city where the loss or destruction of titles
occurred.
Sec. 4. All reconstituted titles shall be reproduced by the Land Registration Authority in at least three image copies or in whatever means by which
the original can be reproduced, one copy to be kept by the Land Registration Authority, the second copy to be kept by the National Library Archives
Division, and the third copy to be secured in a government fire-proof vault, preferably in the Security Printing Plant of the Central Bank. Such image
copy of the original copy of the reconstituted title shall be considered after due authentication by the Land Registration Authority, through the
Register of Deeds in the province or city where the land is located, as a duplicate original, and as an authorized source or basis for reconstitution
together with the sources enumerated in Sections 2 and 3 of Republic Act No. 26.
338 | M a r t i n e z
Sec. 5. After reconstitution, said owner's duplicate or co-owner's duplicate exhibited as basis for the reconstitution shall be surrendered to the
Register of Deeds and a new certificate of title issued in lieu thereof, the original of which shall be kept by the Register of Deeds and the owners
duplicate delivered to the registered owner.
Sec. 6. Section 6 of Republic Act No. 26 is hereby declared inoperative.
Sec. 7. Section 19 of Republic Act No. 26 is hereby amended to read as follows:
"Sec. 19. If the certificate of title considered lost or destroyed, and subsequently found or recovered, is not in the name of the same person in
whose favor the reconstituted certificate of title has been issued, the Register of Deeds or the party concerned should bring the matter to the
attention of the proper regional trial court, which, after due notice and hearing, shall order the cancellation of the reconstituted certificate of title and
render, with respect to the memoranda of new liens and encumbrances, if any, made in the reconstituted certificate of title, after its reconstitution,
such judgment as justice and equity may require: Provided, however, That if the reconstituted certificate of title has been cancelled by virtue of any
deed or instrument, whether voluntary or involuntary, or by an order of the court, and a new certificate of title has been issued, the procedure
prescribed above, with respect to the memorandum of new liens and encumbrances made on the reconstituted certificate of title, after its
reconstitution, shall be followed with respect to the new certificate of title, and to such new liens and encumbrances, if any, as may have been on
the latter, after the issuance thereof."
Sec. 8. The Administrator of the Land Registration Authority, with the approval of the Secretary of Justice, shall issue rules, regulations, and
circulars as may be necessary and appropriate to implement this Act, including but not limited to the following:
(1) The temporary designation of a reconstituting officer or another Register of Deeds;
(2) The submission of monthly periodic status reports on reconstitution proceedings and reconstituted titles to the Secretary of Justice and the
governor or city mayor concerned; and
(3) The immediate reporting by the reconstituting officer or Register of Deeds to the Secretary of Justice and the governor or city mayor concerned
on any verified complaint presented to him.
Sec. 9. The Land Registration Authority Administrator may review, revise, reverse, modify or affirm any decision of the reconstituting officer or
Register of Deeds. Any appeal shall be filed within fifteen days from the receipt of the judgment or order by the aggrieved party.
Sec. 10. Any interested party who by fraud, accident, mistake or excusable negligence has been unjustly deprived or prevented from taking part in
the proceedings may file a petition in the proper court to set aside the decision and to reopen the proceedings. The petition shall be verified and
must be filed within sixty days after the petitioner learns of the decision but not more than six months from the promulgation thereof.
Sec. 11. A reconstituted title obtained by means of fraud, deceit or other machination is void ab initio as against the party obtaining the same and
all persons having knowledge thereof.
Sec. 12. Any person who by means of fraud, deceit or other machination obtains or attempts to obtain a reconstituted title shall be subject to
criminal prosecution and, upon conviction, shall be liable for imprisonment for a period of not less than two years but not exceeding five years or the
payment of a fine of not less than Twenty thousand pesos but not exceeding Two hundred thousand pesos or both at the discretion of the court.
Any public officer or employee who knowingly approves or assists in securing a decision allowing reconstitution in favor of any person not entitled
thereto shall be subject to criminal prosecution and, upon conviction, shall be liable for imprisonment of not less than five years but not exceeding
ten years or payment of a fine of not less than Fifty thousand pesos but not exceeding One hundred thousand pesos or both at the discretion of the
court and perpetual disqualification from holding public office.
Sec. 13. All acts, laws, decrees, executive orders, or parts thereof which are inconsistent with any of the provisions of this Act are hereby repealed
or modified accordingly.
Sec. 14. This Act shall likewise cover administrative reconstitution of copies of original certificates of titles destroyed by fire, flood or other force
majeure within a period of fifteen years before the effectivity of this Act.
Sec. 15. This Act shall take effect upon its publication in three newspapers of general circulation.
Approved: July 17, 1989

339 | M a r t i n e z
A DECREE AMENDING ARTICLE 1146 OF THE CIVIL CODE.
WHEREAS, the transition from the period of Martial Law to that of normalcy in our present political situation requires the immediate and expeditious
settlement of whatever disputes that may have arisen out of the proclamation of Martial Law, inclusive of actions for damages against public
officers by those who feel aggrieved by the action, activity or conduct of such public officers in the implementation of Martial Law;
NOW, THEREFORE, I, FERDINAND E. MARCOS, by virtue of the powers vested in me by the Constitution, do hereby decree and promulgate:
1. Article 1146 of the Civil Code of the Philippines is hereby amended to read as follows:
"The following actions must be instituted within four years:
(1) Upon injury to the rights of the plaintiff;
(2) Upon a quasi-delict;
However, when the action arises from or out of any act, activity, or conduct of any public officer involving the exercise of powers or authority arising
from Martial Law including the arrest, detention and/or trial of the plaintiff, the same must be brought within one (1) year."
2. This Decree takes effect immediately.
Done in the City of Manila, this 24th day of December, in the year of Our Lord, nineteen hundred and eighty..

Civil Code of The Philippines

Загружено:

Сведения о документе

Исходное описание:

Оригинальное название

Авторское право

Доступные форматы

Поделиться этим документом

Поделиться или встроить документ

Параметры публикации

Этот документ был вам полезен?

Это неприемлемый материал?

Авторское право:

Доступные форматы

Civil Code of The Philippines

Загружено:

Авторское право:

Доступные форматы

1|Martinez

Civil Code of the Philippines

REPUBLIC ACT NO. 386

AN ACT TO ORDAIN AND INSTITUTE THE CIVIL CODE OF THE PHILIPPINES

EFFECT AND APPLICATION OF LAWS

HUMAN RELATIONS (n)

(1) Prying into the privacy of another's residence:

(3) Intriguing to cause another to be alienated from his friends;

(1) Freedom of religion;

(2) Freedom of speech;

(3) Freedom to write for the press or to maintain a periodical publication;

(4) Freedom from arbitrary or illegal detention;

(5) Freedom of suffrage;

(8) The right to the equal protection of the laws;

(10) The liberty of abode and of changing the same;

(11) The privacy of communication and correspondence;

(14) The right to be free from involuntary servitude in any form;

(15) The right of the accused against excessive bail;

(19) Freedom of access to the courts.

Art. 42. Civil personality is extinguished by death.

Art. 44. The following are juridical persons:

(1) The State and its political subdivisions;

Private corporations are regulated by laws of general application on the subject.

CITIZENSHIP AND DOMICILE

Art. 48. The following are citizens of the Philippines:

(3) Those whose fathers are citizens of the Philippines;

(5) Those who are naturalized in accordance with law. (n)

(1) Legal capacity of the contracting parties;

(2) Their consent, freely given;

(3) Authority of the person performing the marriage; and

Art. 56. Marriage may be solemnized by:

(3) Judges of the Courts of First Instance;

(4) Mayors of cities and municipalities;

(5) Municipal judges and justices of the peace;

(1) Full name of the contracting party;

(2) Place of birth;

(3) Age, date of birth;

(4) Civil status (single, widow or widower, or divorced);

(6) Present residence;

(7) Degree of relationship of the contracting parties;

(8) Full name of the father;

(9) Residence of the father;

(10) Full name of the mother;

(11) Residence of the mother;

(1) The full names and domiciles of the contracting parties;

(2) The age of each;

MARRIAGES OF EXCEPTIONAL CHARACTER

VOID AND VOIDABLE MARRIAGES

(5) Incestuous marriages mentioned in Article 81;

(1) Between ascendants and descendants of any degree;

(1) Between stepfathers and stepdaughters, and stepmothers and stepsons;

(1) The first marriage was annulled or dissolved; or

(1) Misrepresentation as to the identity of one of the contracting parties;

AUTHORITY TO SOLEMNIZE MARRIAGES

Art. 97. A petition for legal separation may be filed:

RIGHTS AND OBLIGATIONS BETWEEN HUSBAND AND WIFE

(1) When they are judicially separated;

(5) When the litigation is between the husband and wife;

(6) If the suit concerns her paraphernal property;

(9) In any civil action referred to in Articles 25 to 35; and

(10) In an action upon a quasi-delict.

(2) His opposition is founded on serious and valid grounds.