(1571a), Art. 1221. Art. 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. 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. (n), Art. Art. If he accepts the whole area, he must pay for the same at the contract rate. 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. 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. Art. 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. 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. (1182a), Art. Any waiver of an action for future fraud is void. 1302. contract for life insurance where the … 2232. (1313), Art. 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. 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. Art. He cannot, however, directly or indirectly buy the goods. (n). 1181. 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. 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. 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. 1202. Art. (1123). Art. (n). 1516. (n), Art. 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. 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. 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. (1667a). (3) Reasonable, just and not contrary to public policy. 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. Art. (n). Art. An agreement limiting the common carrier's liability for delay on account of strikes or riots is valid. 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. (n), Art. (1184a), Art. 2263. Art. 1568. 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. 1592. The actions arising from Articles 1539 and 1542 shall prescribe in six months, counted from the day of delivery. The borrower may recover in accordance with the laws on usury. 1321. 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. (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. Unless it appears otherwise, business advertisements of things for sale are not definite offers, but mere invitations to make an offer. 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. (1543a), Art. 1160. Art. 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. 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. 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 object of every contract must be determinate as to its kind. 1157. (1296a). 1338. 1391. In the execution of the agency, the agent shall act in accordance with the instructions of the principal. 1674. 1649. (1198a), Art. 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. (n). 1176. In the cases mentioned in Nos. 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; (5) When the title of the obligation has been lost. Art. 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. 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. 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. The employer shall neither seize nor retain any tool or other articles belonging to the laborer. 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. 1524. (1903a), Art. 2179. (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. He may do such acts as may be conducive to the accomplishment of the purpose of the agency. 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. No trust shall fail because the trustee appointed declines the designation, unless the contrary should appear in the instrument constituting the trust. The indivisibility of an obligation does not necessarily give rise to solidarity. (1668a), Art. 1220. Art. Art. (n), Art. The depositary is liable for the loss of the thing through a fortuitous event: (2) If he uses the thing without the depositor's permission; (4) If he allows others to use it, even though he himself may have been authorized to use the same. Insolvency shall be governed by special laws insofar as they are not inconsistent with this Code. If the house helper is unjustly dismissed, he shall be paid the compensation already earned plus that for fifteen days by way of indemnity. (n), Art. If the fault is also punished by the previous legislation, the less severe sanction shall be applied. 1241. 1496. The action to claim rescission must be commenced within four years. Art. (n), Art. 1399. 1731. 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. (n), PHILIPPINE SUPREME COURT DECISIONS ON-LINE, Copyright © (1884a), Art. 1796. (n), Art. The losses and profits shall be distributed in conformity with the agreement. Art. 1289. 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. If the price of the sale is less, neither shall the creditor be entitled to recover the deficiency, notwithstanding any stipulation to the contrary. Art. 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. The creditors of the partnership shall be preferred to those of each partner as regards the partnership property. 1173. Art. 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. Art. The provisions of Articles 1733 to 1753 shall apply to the passenger's baggage which is not in his personal custody or in that of his employee. 2120. 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. 1175. An agent shall not carry out an agency if its execution would manifestly result in loss or damage to the principal. (1454-A-a), Art. 1192. In any other case the place of payment shall be the domicile of the debtor. 3 years ago ; Philippine Real Estate Law; 1; Commentary: This is the law that covers rentals or leases above ₱10,000 or those that are not covered by the Philippine Rent Law For Residential Units | Rent Control Act of 2009. 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. 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. (1166a), Art. 2212. (c) Those owing to partners in respect of capital. 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. Art. 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. 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. 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. 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. (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. (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. (2) Alienable real rights in accordance with the laws, imposed upon immovables. (n), Art. Obligation to do/not to do - obligation to do/not to do the service agreed upon ACCESSORY OBLIGATIONS: 1. (1559a). The sublessee is subsidiarily liable to the lessor for any rent due from the lessee. (1754a), Art. 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. 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. (1098), Art. The court shall decree the rescission claimed, unless there be just cause authorizing the fixing of a period. 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. 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. Art. Art. 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. In this case, he shall have no further action against the purchaser to recover any unpaid balance of the price. (n), Art. 2117. 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. 1864. Art. 1569. 2143. 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. 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. (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. (1826). 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. Should he have bound himself for more, his obligations shall be reduced to the limits of that of the debtor. (1101), Art. Ratification does not require the conformity of the contracting party who has no right to bring the action for annulment. Art. 1776. (1676), Art. Obligations and contracts 1. 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. (n), Art. 1172. Art. Art. Trusts are either express or implied. 1536. 2. 1806. 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. 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. (1885a), Art. 1296. (n), Art. 1565. (1829a). 1201. 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. 1324. 2043. 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. He who has executed work upon a movable has a right to retain it by way of pledge until he is paid. The principal must advance to the agent, should the latter so request, the sums necessary for the execution of the agency. (n). 1476. Art. (1159a), Art. Unless there is a stipulation to the contrary, the pledge shall extend to the interest and earnings of the right pledged. 1304. 1267. No annuity shall be claimed without first proving the existence of the person upon whose life the annuity is constituted. Compensation for workmen and other employees in case of death, injury or illness is regulated by special laws. (1768a). (n), Art. Art. Art. 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. 1990. No compromise upon the following questions shall be valid: (2) The validity of a marriage or a legal separation; 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. 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. The preceding articles of this Subsection shall be applicable to judicial sales, except that the judgment debtor shall not be liable for damages. 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. (1783), Art. (1692a), Art. 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. (1737a), Art. (n), Art. Art. 2180. 1772. 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. 1582. 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. 1985. 1911. Art. Art. (1695a), Art. (1536). Proof of actual damages suffered by the creditor is not necessary in order that the penalty may be demanded. 1373. 1285. (1582). Art. 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. 2049. (n), Art. Art. 1389. 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. Art. 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. "Specific goods" means goods identified and agreed upon at the time a contract of sale is made. 1396. 1533. 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. 1916. (n). 1803. Civil obligations give a right of action to compel their performance. 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. 1986. A power granted after the partnership has been constituted may be revoked at any time. (1833a), Art. (1265a). 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. 1597. Art. (1140), Art. (1807a), Art. 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. In the absence of stipulation, attorney's fees and expenses of litigation, other than judicial costs, cannot be recovered, except: (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; (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. 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