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
followin the co!pletion of their p"blication in the
#fficial $a%ette& "nless it is otherwise provided. This
Code shall take effect one year after s"ch p"blication.
(1a)
Art. '. (norance of the law e)c"ses no one fro!
co!pliance therewith. (2)
Art. *. Laws shall have no retroactive effect& "nless
the contrary is provided. (')
Art. +. Acts e)ec"ted aainst the provisions of
!andatory or prohibitory laws shall be void& e)cept
when the law itself a"thori%es their validity. (*a)
Art. ,. -ihts !ay be waived& "nless the waiver is
contrary to law& p"blic order& p"blic policy& !orals& or
ood c"sto!s& or pre."dicial to a third person with a
riht reconi%ed by law. (*a)
Art. /. Laws are repealed only by s"bse0"ent ones&
and their violation or non1observance shall not be
e)c"sed by dis"se& or c"sto! or practice to the
contrary.
2hen the co"rts declared a law to be inconsistent
with the Constit"tion& the for!er shall be void and the
latter shall overn.
Ad!inistrative or e)ec"tive acts& orders and
re"lations shall be valid only when they are not
contrary to the laws or the Constit"tion. (+a)
Art. 3. 4"dicial decisions applyin or interpretin the
laws or the Constit"tion shall for! a part of the leal
syste! of the Philippines. (n)
Art. 5. 6o ."de or co"rt shall decline to render
."d!ent by reason of the silence& obsc"rity or
ins"fficiency of the laws. (,)
Art. 17. (n case of do"bt in the interpretation or
application of laws& it is pres"!ed that the law!akin
body intended riht and ."stice to prevail. (n)
Art. 11. C"sto!s which are contrary to law& p"blic
order or p"blic policy shall not be co"ntenanced. (n)
Art. 12. A c"sto! !"st be proved as a fact& accordin
to the r"les of evidence. (n)
Art. 1'. 2hen the laws speak of years& !onths& days
or nihts& it shall be "nderstood that years are of three
h"ndred si)ty1five days each8 !onths& of thirty days8
days& of twenty1fo"r ho"rs8 and nihts fro! s"nset to
s"nrise.
(f !onths are desinated by their na!e& they shall be
co!p"ted by the n"!ber of days which they
respectively have.
(n co!p"tin a period& the first day shall be e)cl"ded&
and the last day incl"ded. (/a)
Art. 1*. Penal laws and those of p"blic sec"rity and
safety shall be obliatory "pon all who live or so.o"rn
in the Philippine territory& s"b.ect to the principles of
p"blic international law and to treaty stip"lations. (3a)
Art. 1+. Laws relatin to fa!ily rihts and d"ties& or to
the stat"s& condition and leal capacity of persons are
bindin "pon citi%ens of the Philippines& even tho"h
livin abroad. (5a)
Art. 1,. -eal property as well as personal property is
s"b.ect to the law of the co"ntry where it is stip"lated.
9owever& intestate and testa!entary s"ccessions&
both with respect to the order of s"ccession and to
the a!o"nt of s"ccessional rihts and to the intrinsic
validity of testa!entary provisions& shall be re"lated
by the national law of the person whose s"ccession is
"nder consideration& whatever !ay be the nat"re of
the property and reardless of the co"ntry wherein
said property !ay be fo"nd. (17a)
Art. 1/. The for!s and sole!nities of contracts& wills&
and other p"blic instr"!ents shall be overned by the
laws of the co"ntry in which they are e)ec"ted.
2hen the acts referred to are e)ec"ted before the
diplo!atic or cons"lar officials of the -ep"blic of the
Philippines in a forein co"ntry& the sole!nities
established by Philippine laws shall be observed in
their e)ec"tion.
Prohibitive laws concernin persons& their acts or
property& and those which have& for their ob.ect& p"blic
order& p"blic policy and ood c"sto!s shall not be
rendered ineffective by laws or ."d!ents
pro!"lated& or by deter!inations or conventions
areed "pon in a forein co"ntry. (11a)
Art. 13. (n !atters which are overned by the Code
of Co!!erce and special laws& their deficiency shall
be s"pplied by the provisions of this Code. (1,a)

CHAPTER 2
HUMAN RELATIONS (n)

Art. 15. :very person !"st& in the e)ercise of his
rihts and in the perfor!ance of his d"ties& act with
."stice& ive everyone his d"e& and observe honesty
and ood faith.
Art. 27. :very person who& contrary to law& wilf"lly or
neliently ca"ses da!ae to another& shall
inde!nify the latter for the sa!e.
Art. 21. Any person who wilf"lly ca"ses loss or in."ry
to another in a !anner that is contrary to !orals&
ood c"sto!s or p"blic policy shall co!pensate the
latter for the da!ae.
Art. 22. :very person who thro"h an act of
perfor!ance by another& or any other !eans&
ac0"ires or co!es into possession of so!ethin at
the e)pense of the latter witho"t ."st or leal ro"nd&
shall ret"rn the sa!e to hi!.
Art. 2'. :ven when an act or event ca"sin da!ae
to another;s property was not d"e to the fa"lt or
nelience of the defendant& the latter shall be liable
for inde!nity if thro"h the act or event he was
benefited.
Art. 2*. (n all contract"al& property or other relations&
when one of the parties is at a disadvantae on
acco"nt of his !oral dependence& inorance&
indience& !ental weakness& tender ae or other
handicap& the co"rts !"st be viilant for his
protection.
Art. 2+. Tho"htless e)travaance in e)penses for
pleas"re or display d"rin a period of ac"te p"blic
want or e!erency !ay be stopped by order of the
co"rts at the instance of any overn!ent or private
charitable instit"tion.
Art. 2,. :very person shall respect the dinity&
personality& privacy and peace of !ind of his
neihbors and other persons. The followin and
si!ilar acts& tho"h they !ay not constit"te a cri!inal
offense& shall prod"ce a ca"se of action for da!aes&
prevention and other relief<
(1) Pryin into the privacy of another;s residence<
(2) =eddlin with or dist"rbin the private life or fa!ily
relations of another8
(') (ntri"in to ca"se another to be alienated fro!
his friends8
(*) >e)in or h"!iliatin another on acco"nt of his
reliio"s beliefs& lowly station in life& place of birth&
physical defect& or other personal condition.
Art. 2/. Any person s"fferin !aterial or !oral loss
beca"se a p"blic servant or e!ployee ref"ses or
nelects& witho"t ."st ca"se& to perfor! his official
d"ty !ay file an action for da!aes and other relief
aainst he latter& witho"t pre."dice to any disciplinary
ad!inistrative action that !ay be taken.
Art. 23. ?nfair co!petition in aric"lt"ral& co!!ercial
or ind"strial enterprises or in labor thro"h the "se of
force& inti!idation& deceit& !achination or any other
"n."st& oppressive or hihhanded !ethod shall ive
rise to a riht of action by the person who thereby
s"ffers da!ae.
Art. 25. 2hen the acc"sed in a cri!inal prosec"tion is
ac0"itted on the ro"nd that his "ilt has not been
proved beyond reasonable do"bt& a civil action for
da!aes for the sa!e act or o!ission !ay be
instit"ted. @"ch action re0"ires only a preponderance
of evidence. ?pon !otion of the defendant& the co"rt
!ay re0"ire the plaintiff to file a bond to answer for
da!aes in case the co!plaint sho"ld be fo"nd to be
!alicio"s.
(f in a cri!inal case the ."d!ent of ac0"ittal is based
"pon reasonable do"bt& the co"rt shall so declare. (n
the absence of any declaration to that effect& it !ay
be inferred fro! the te)t of the decision whether or
not the ac0"ittal is d"e to that ro"nd.
Art. '7. 2hen a separate civil action is bro"ht to
de!and civil liability arisin fro! a cri!inal offense&
and no cri!inal proceedins are instit"ted d"rin the
pendency of the civil case& a preponderance of
evidence shall likewise be s"fficient to prove the act
co!plained of.
Art. '1. 2hen the civil action is based on an
obliation not arisin fro! the act or o!ission
co!plained of as a felony& s"ch civil action !ay
proceed independently of the cri!inal proceedins
and reardless of the res"lt of the latter.
Art. '2. Any p"blic officer or e!ployee& or any private
individ"al& who directly or indirectly obstr"cts& defeats&
violates or in any !anner i!pedes or i!pairs any of
the followin rihts and liberties of another person
shall be liable to the latter for da!aes<
(1) Areedo! of reliion8
(2) Areedo! of speech8
(') Areedo! to write for the press or to !aintain a
periodical p"blication8
(*) Areedo! fro! arbitrary or illeal detention8
(+) Areedo! of s"ffrae8
(,) The riht aainst deprivation of property witho"t
d"e process of law8
(/) The riht to a ."st co!pensation when private
property is taken for p"blic "se8
(3) The riht to the e0"al protection of the laws8
(5) The riht to be sec"re in one;s person& ho"se&
papers& and effects aainst "nreasonable searches
and sei%"res8
(17) The liberty of abode and of chanin the sa!e8
(11) The privacy of co!!"nication and
correspondence8
(12) The riht to beco!e a !e!ber of associations
or societies for p"rposes not contrary to law8
(1') The riht to take part in a peaceable asse!bly to
petition the overn!ent for redress of rievances8
(1*) The riht to be free fro! invol"ntary servit"de in
any for!8
(1+) The riht of the acc"sed aainst e)cessive bail8
(1,) The riht of the acc"sed to be heard by hi!self
and co"nsel& to be infor!ed of the nat"re and ca"se
of the acc"sation aainst hi!& to have a speedy and
p"blic trial& to !eet the witnesses face to face& and to
have co!p"lsory process to sec"re the attendance of
witness in his behalf8
(1/) Areedo! fro! bein co!pelled to be a witness
aainst one;s self& or fro! bein forced to confess
"ilt& or fro! bein ind"ced by a pro!ise of i!!"nity
or reward to !ake s"ch confession& e)cept when the
person confessin beco!es a @tate witness8
(13) Areedo! fro! e)cessive fines& or cr"el and
"n"s"al p"nish!ent& "nless the sa!e is i!posed or
inflicted in accordance with a stat"te which has not
been ."dicially declared "nconstit"tional8 and
(15) Areedo! of access to the co"rts.
(n any of the cases referred to in this article& whether
or not the defendant;s act or o!ission constit"tes a
cri!inal offense& the arieved party has a riht to
co!!ence an entirely separate and distinct civil
action for da!aes& and for other relief. @"ch civil
action shall proceed independently of any cri!inal
prosec"tion (if the latter be instit"ted)& and !at be
proved by a preponderance of evidence.
The inde!nity shall incl"de !oral da!aes.
:)e!plary da!aes !ay also be ad."dicated.
The responsibility herein set forth is not de!andable
fro! a ."de "nless his act or o!ission constit"tes a
violation of the Penal Code or other penal stat"te.
Art. ''. (n cases of defa!ation& fra"d& and physical
in."ries a civil action for da!aes& entirely separate
and distinct fro! the cri!inal action& !ay be bro"ht
by the in."red party. @"ch civil action shall proceed
independently of the cri!inal prosec"tion& and shall
re0"ire only a preponderance of evidence.
Art. '*. 2hen a !e!ber of a city or !"nicipal police
force ref"ses or fails to render aid or protection to any
person in case of daner to life or property& s"ch
peace officer shall be pri!arily liable for da!aes&
and the city or !"nicipality shall be s"bsidiarily
responsible therefor. The civil action herein
reconi%ed shall be independent of any cri!inal
proceedins& and a preponderance of evidence shall
s"ffice to s"pport s"ch action.
Art. '+. 2hen a person& clai!in to be in."red by a
cri!inal offense& chares another with the sa!e& for
which no independent civil action is ranted in this
Code or any special law& b"t the ."stice of the peace
finds no reasonable ro"nds to believe that a cri!e
has been co!!itted& or the prosec"tin attorney
ref"ses or fails to instit"te cri!inal proceedins& the
co!plaint !ay brin a civil action for da!aes
aainst the alleed offender. @"ch civil action !ay be
s"pported by a preponderance of evidence. ?pon the
defendant;s !otion& the co"rt !ay re0"ire the plaintiff
to file a bond to inde!nify the defendant in case the
co!plaint sho"ld be fo"nd to be !alicio"s.
(f d"rin the pendency of the civil action& an
infor!ation sho"ld be presented by the prosec"tin
attorney& the civil action shall be s"spended "ntil the
ter!ination of the cri!inal proceedins.
Art. ',. Pre1."dicial 0"estions which !"st be decided
before any cri!inal prosec"tion !ay be instit"ted or
!ay proceed& shall be overned by r"les of co"rt
which the @"pre!e Co"rt shall pro!"late and which
shall not be in conflict with the provisions of this Code.
REPUBLIC ACT NO. 386
AN ACT TO ORDAIN AND INSTITUTE
THE CIVIL CODE OF THE PHILIPPINES
BOOK I
PERSONS
Ti!" I. # CIVIL PERSONALITY
CHAPTER $
%ENERAL PROVISIONS

Art. '/. 4"ridical capacity& which is the fitness to be
the s"b.ect of leal relations& is inherent in every
nat"ral person and is lost only thro"h death.
Capacity to act& which is the power to do acts with
leal effect& is ac0"ired and !ay be lost. (n)
Art. '3. =inority& insanity or i!becility& the state of
bein a deaf1!"te& prodiality and civil interdiction are
!ere restrictions on capacity to act& and do not
e)e!pt the incapacitated person fro! certain
obliations& as when the latter arise fro! his acts or
fro! property relations& s"ch as ease!ents. ('2a)
Art. '5. The followin circ"!stances& a!on others&
!odify or li!it capacity to act< ae& insanity& i!becility&
the state of bein a deaf1!"te& penalty& prodiality&
fa!ily relations& alienae& absence& insolvency and
tr"steeship. The conse0"ences of these
circ"!stances are overned in this Code& other
codes& the -"les of Co"rt& and in special laws.
Capacity to act is not li!ited on acco"nt of reliio"s
belief or political opinion.
A !arried wo!an& twenty1one years of ae or over& is
0"alified for all acts of civil life& e)cept in cases
specified by law. (n)

CHAPTER 2
NATURAL PERSONS

Art. *7. Birth deter!ines personality8 b"t the
conceived child shall be considered born for all
p"rposes that are favorable to it& provided it be born
later with the conditions specified in the followin
article. (25a)
Art. *1. Aor civil p"rposes& the fet"s is considered
born if it is alive at the ti!e it is co!pletely delivered
fro! the !other;s wo!b. 9owever& if the fet"s had an
intra1"terine life of less than seven !onths& it is not
dee!ed born if it dies within twenty1fo"r ho"rs after its
co!plete delivery fro! the !aternal wo!b. ('7a)
Art. *2. Civil personality is e)tin"ished by death.
The effect of death "pon the rihts and obliations of
the deceased is deter!ined by law& by contract and
by will. ('2a)
Art. *'. (f there is a do"bt& as between two or !ore
persons who are called to s"cceed each other& as to
which of the! died first& whoever allees the death of
one prior to the other& shall prove the sa!e8 in the
absence of proof& it is pres"!ed that they died at the
sa!e ti!e and there shall be no trans!ission of rihts
fro! one to the other. ('')

CHAPTER 3
&URIDICAL PERSONS

Art. **. The followin are ."ridical persons<
(1) The @tate and its political s"bdivisions8
(2) #ther corporations& instit"tions and entities for
p"blic interest or p"rpose& created by law8 their
personality beins as soon as they have been
constit"ted accordin to law8
(') Corporations& partnerships and associations for
private interest or p"rpose to which the law rants a
."ridical personality& separate and distinct fro! that of
each shareholder& partner or !e!ber. ('+a)
Art. *+. 4"ridical persons !entioned in 6os. 1 and 2
of the precedin article are overned by the laws
creatin or reconi%in the!.
Private corporations are re"lated by laws of eneral
application on the s"b.ect.
Partnerships and associations for private interest or
p"rpose are overned by the provisions of this Code
concernin partnerships. (', and '/a)
Art. *,. 4"ridical persons !ay ac0"ire and possess
property of all kinds& as well as inc"r obliations and
brin civil or cri!inal actions& in confor!ity with the
laws and re"lations of their orani%ation. ('3a)
Art. */. ?pon the dissol"tion of corporations&
instit"tions and other entities for p"blic interest or
p"rpose !entioned in 6o. 2 of Article **& their
property and other assets shall be disposed of in
p"rs"ance of law or the charter creatin the!. (f
nothin has been specified on this point& the property
and other assets shall be applied to si!ilar p"rposes
for the benefit of the reion& province& city or
!"nicipality which d"rin the e)istence of the
instit"tion derived the principal benefits fro! the
sa!e. ('5a)

Title ((. 1 C(T(C:6@9(P A6D D#=(C(L:

Art. *3. The followin are citi%ens of the Philippines<
(1) Those who were citi%ens of the Philippines at the
ti!e of the adoption of the Constit"tion of the
Philippines8
(2) Those born in the Philippines of forein parents
who& before the adoption of said Constit"tion& had
been elected to p"blic office in the Philippines8
(') Those whose fathers are citi%ens of the
Philippines8
(*) Those whose !others are citi%ens of the
Philippines and& "pon reachin the ae of !a.ority&
elect Philippine citi%enship8
(+) Those who are nat"rali%ed in accordance with law.
(n)
Art. *5. 6at"rali%ation and the loss and reac0"isition
of citi%enship of the Philippines are overned by
special laws. (n)
Art. +7. Aor the e)ercise of civil rihts and the
f"lfill!ent of civil obliations& the do!icile of nat"ral
persons is the place of their habit"al residence. (*7a)
Art. +1. 2hen the law creatin or reconi%in the!& or
any other provision does not fi) the do!icile of
."ridical persons& the sa!e shall be "nderstood to be
the place where their leal representation is
established or where they e)ercise their principal
f"nctions. (*1a)

Title (((. 1 =A--(A$:

C9APT:- 1
-:E?(@(T:@ #A =A--(A$:

Art. +2. =arriae is not a !ere contract b"t an
inviolable social instit"tion. (ts nat"re& conse0"ences
and incidents are overned by law and not s"b.ect to
stip"lation& e)cept that the !arriae settle!ents !ay
to a certain e)tent fi) the property relations d"rin the
!arriae. (n)
Art. +'. 6o !arriae shall be sole!ni%ed "nless all
these re0"isites are co!plied with<
(1) Leal capacity of the contractin parties8
(2) Their consent& freely iven8
(') A"thority of the person perfor!in the !arriae8
and
(*) A !arriae license& e)cept in a !arriae of
e)ceptional character (@ec. 1a& Art. ',1').
Art. +*. Any !ale of the ae of si)teen years or
"pwards& and any fe!ale of the ae of fo"rteen years
or "pwards& not "nder any of the i!pedi!ents
!entioned in Articles 37 to 3*& !ay contract !arriae.
(2)
Art. ++. 6o partic"lar for! for the cere!ony of
!arriae is re0"ired& b"t the parties with leal
capacity to contract !arriae !"st declare& in the
presence of the person sole!ni%in the !arriae and
of two witnesses of leal ae& that they take each
other as h"sband and wife. This declaration shall be
set forth in an instr"!ent in triplicate& sined by
sinat"re or !ark by the contractin parties and said
two witnesses and attested by the person sole!ni%in
the !arriae.
(n case of a !arriae on the point of death& when the
dyin party& bein physically "nable& cannot sin the
instr"!ent by sinat"re or !ark& it shall be s"fficient
for one of the witnesses to the !arriae to sin in his
na!e& which fact shall be attested by the !inister
sole!ni%in the !arriae. (')
Art. +,. =arriae !ay be sole!ni%ed by<
(1) The Chief 4"stice and Associate 4"stices of the
@"pre!e Co"rt8
(2) The Presidin 4"stice and the 4"stices of the
Co"rt of Appeals8
(') 4"des of the Co"rts of Airst (nstance8
(*) =ayors of cities and !"nicipalities8
(+) ="nicipal ."des and ."stices of the peace8
(,) Priests& rabbis& !inisters of the ospel of any
deno!ination& ch"rch& reliion or sect& d"ly
reistered& as provided in Article 528 and
(/) @hip captains& airplane chiefs& !ilitary
co!!anders& and cons"ls and vice1cons"ls in special
cases provided in Articles /* and /+. (*a)
Art. +/. The !arriae shall be sole!ni%ed p"blicly in
the office of the ."de in open co"rt or of the !ayor8
or in the ch"rch& chapel or te!ple& as the case !ay
be& and not elsewhere& e)cept in cases of !arriaes
contracted on the point of death or in re!ote places in
accordance with Article /2 of this Code& or in case of
!arriae referred to in Article /, or when one of the
parents or the "ardian of the fe!ale or the latter
herself if over eihteen years of ae re0"est it in
writin& in which cases the !arriae !ay be
sole!ni%ed at a ho"se or place desinated by said
parent or "ardian of the fe!ale or by the latter
herself in a sworn state!ent to that effect. (+a)
Art. +3. @ave !arriaes of an e)ceptional character
a"thori%ed in Chapter 2 of this Title& b"t not those
"nder Article /+& no !arriae shall be sole!ni%ed
witho"t a license first bein iss"ed by the local civil
reistrar of the !"nicipality where either contractin
party habit"ally resides. (/a)
Art. +5. The local civil reistrar shall iss"e the proper
license if each of the contractin parties swears
separately before hi! or before any p"blic official
a"thori%ed to ad!inister oaths& to an application in
writin settin forth that s"ch party has the necessary
0"alifications for contractin !arriae. The applicants&
their parents or "ardians shall not be re0"ired to
e)hibit their residence certificates in any for!ality in
connection with the sec"rin of the !arriae license.
@"ch application shall insofar as possible contain the
followin data<
(1) A"ll na!e of the contractin party8
(2) Place of birth8
(') Ae& date of birth8
(*) Civil stat"s (sinle& widow or widower& or
divorced)8
(+) (f divorced& how and when the previo"s !arriae
was dissolved8
(,) Present residence8
(/) Deree of relationship of the contractin parties8
(3) A"ll na!e of the father8
(5) -esidence of the father8
(17) A"ll na!e of the !other8
(11) -esidence of the !other8
(12) A"ll na!e and residence of the "ardian or
person havin chare& in case the contractin party
has neither father nor !other and is "nder the ae of
twenty years& if a !ale& or eihteen years if a fe!ale.
(/a)
Art. ,7. The local civil reistrar& "pon receivin s"ch
application& shall re0"ire the e)hibition of the oriinal
baptis!al or birth certificates of the contractin parties
or copies of s"ch doc"!ents d"ly attested by the
persons havin c"stody of the oriinals. These
certificates or certified copies of the doc"!ents
re0"ired by this article need not to be sworn to and
shall be e)e!pt fro! the doc"!entary sta!p ta). The
sinat"re and official title of the person iss"in the
certificate shall be s"fficient proof of its a"thenticity.
(f either of the contractin parties is "nable to prod"ce
his baptis!al or birth certificate or a certified copy of
either beca"se of the destr"ction or loss of the
oriinal& or if it is shown by an affidavit of s"ch party
or of any other person that s"ch baptis!al or birth
certificate has not yet been received tho"h the sa!e
has been re0"ested of the person havin c"stody
thereof at least fifteen days prior to the date of the
application& s"ch party !ay f"rnish in lie" thereof his
residence certificate for the c"rrent year or any
previo"s years& to show the ae stated in his
application or& in the absence thereof& an instr"!ent
drawn "p and sworn to before the local civil reistrar
concerned or any p"blic official a"thori%ed to
sole!ni%e !arriae. @"ch instr"!ent shall contain
the sworn declaration of two witnesses& of lawf"l ae&
of either se)& settin forth the f"ll na!e& profession&
and residence of s"ch contractin party and of his or
her parents& if known& and the place and date of birth
of s"ch party. The nearest of kin of the contractin
parties shall be preferred as witnesses& and in their
defa"lt& persons well known in the province or the
locality for their honesty and ood rep"te.
The e)hibition of baptis!al or birth certificates shall
not be re0"ired if the parents of the contractin
parties appear personally before the local civil
reistrar concerned and swear to the correctness of
the lawf"l ae of said parties& as stated in the
application& or when the local civil reistrar shall& by
!erely lookin at the applicants "pon their personally
appearin before hi!& be convinced that either or
both of the! have the re0"ired ae. (3a)
Art. ,1. (n case either of the contractin parties is a
widowed or divorced person& the sa!e shall be
re0"ired to f"rnish& instead of the baptis!al or birth
certificate re0"ired in the last precedin article& the
death certificate of the deceased spo"se or the
decree of the divorce co"rt& as the case !ay be. (n
case the death certificate cannot be fo"nd& the party
shall !ake an affidavit settin forth this circ"!stance
and his or her act"al civil stat"s and the na!e and the
date of the death of the deceased spo"se.
(n case either or both of the contractin parties& bein
neither widowed nor divorced& are less than twenty
years of ae as reards the !ale and less than
eihteen years as reards the fe!ale& they shall& in
addition to the re0"ire!ents of the precedin articles&
e)hibit to the local civil reistrar& the consent to their
!arriae& of their father& !other or "ardian& or
persons havin leal chare of the!& in the order
!entioned. @"ch consent shall be in writin& "nder
oath taken with the appearance of the interested
parties before the proper local civil reistrar or in the
for! of an affidavit !ade in the presence of two
witnesses and attested before any official a"thori%ed
by law to ad!inister oaths. (5a)
Art. ,2. =ales above twenty b"t "nder twenty1five
years of ae& or fe!ales above eihteen b"t "nder
twenty1three years of ae& shall be oblied to ask their
parents or "ardian for advice "pon the intended
!arriae. (f they do not obtain s"ch advice& or if it be
"nfavorable& the !arriae shall not take place till after
three !onths followin the co!pletion of the
p"blication of the application for !arriae license. A
sworn state!ent by the contractin parties to the
effect that s"ch advice has been so"ht& toether with
the written advice iven& if any& shall acco!pany the
application for !arriae license. @ho"ld the parents or
"ardian ref"se to ive any advice& this fact shall be
stated in the sworn declaration. (n)
Art. ,'. The local civil reistrar shall post d"rin ten
consec"tive days at the !ain door of the b"ildin
where he has his office a notice& the location of which
shall not be chaned once it has been placed& settin
forth the f"ll na!es and do!iciles of the applicants for
a !arriae license and other infor!ation iven in the
application. This notice shall re0"est all persons
havin knowlede of any i!pedi!ent to the !arriae
to advise the local reistrar thereof. The license shall
be iss"ed after the co!pletion of the p"blication&
"nless the local civil reistrar receives infor!ation
"pon any alleed i!pedi!ent to the !arriae. (17a)
Art. ,*. ?pon bein advised of any alleed
i!pedi!ent to the !arriae& the local civil reistrar
shall forthwith !ake an investiation& e)a!inin
persons "nder oath. (f he is convicted that there is an
i!pedi!ent to the !arriae& it shall be his d"ty to
withhold the !arriae license& "nless he is otherwise
ordered by a co!petent co"rt. (n)
Art. ,+. The local civil reistrar shall de!and the
previo"s pay!ent of fees re0"ired by law or
re"lations for each license iss"ed. 6o other s"!
shall be collected& in the nat"re of a fee or ta) of any
kind& for the iss"ance of a !arriae license. =arriae
licenses shall be iss"ed free of chare to indient
parties& when both !ale and fe!ale do not each own
assessed real property in e)cess of five h"ndred
pesos& a fact certified to& witho"t cost& by the
provincial treas"rer& or in the absence thereof& by a
state!ent d"ly sworn to by the contractin parties
before the local civil reistrar. The license shall be
valid in any part of the Philippines8 b"t it shall be ood
for no !ore than one h"ndred and twenty days fro!
the date on which it is iss"ed and shall be dee!ed
canceled at the e)piration of said period if the
interested parties have not !ade "se of it. (11a)
Art. ,,. 2hen either or both of the contractin parties
are citi%ens or s"b.ects of a forein co"ntry& it shall be
necessary& before a !arriae license can be
obtained& to provide the!selves with a certificate of
leal capacity to contract !arriae& to be iss"ed by
their respective diplo!atic or cons"lar officials. (1'a)
Art. ,/. The !arriae certificate in which the
contractin parties shall state that they take each
other as h"sband and wife& shall also contain<
(1) The f"ll na!es and do!iciles of the contractin
parties8
(2) The ae of each8
(') A state!ent that the proper !arriae license has
been iss"ed accordin to law and that the contractin
parties have the consent of their parents in case the
!ale is "nder twenty or the fe!ale "nder eihteen
years of ae8 and
(*) A state!ent that the "ardian or parent has been
infor!ed of the !arriae& if the !ale is between the
aes of twenty and twenty1five years& and the fe!ale
between eihteen and twenty1three years of ae.
(1+a)
Art. ,3. (t shall be the d"ty of the person sole!ni%in
the !arriae to f"rnish to either of the contractin
parties one of the three copies of the !arriae
contract referred to in Article ++& and to send another
copy of the doc"!ent not later than fifteen days after
the !arriae took place to the local civil reistrar
concerned& whose d"ty it shall be to iss"e the proper
receipt to any person sendin a !arriae contract
sole!ni%ed by hi!& incl"din !arriaes of an
e)ceptional character. The official& priest& or !inister
sole!ni%in the !arriae shall retain the third copy of
the !arriae contract& the !arriae license and the
affidavit of the interested party reardin the
sole!ni%ation of the !arriae in a place other than
those !entioned in Article +/ if there be any s"ch
affidavit& in the files that he !"st keep. (1,a)
Art. ,5. (t shall be the d"ty of the local civil reistrar to
prepare the doc"!ents re0"ired by this Title& and to
ad!inister oaths to all interested parties witho"t any
chare in both cases.
The doc"!ents and affidavits filed in connection with
applications for !arriae licenses shall be e)e!pt
fro! the doc"!entary sta!p ta). (1/a)
Art. /7. The local civil reistrar concerned shall enter
all applications for !arriae licenses filed with hi! in
a reister book strictly in the order in which the sa!e
shall be received. 9e shall enter in said reister the
na!es of the applicants& the date on which the
!arriae license was iss"ed& and s"ch other data as
!ay be necessary. (13a)
Art. /1. All !arriaes perfor!ed o"tside the
Philippines in accordance with the laws in force in the
co"ntry where they were perfor!ed& and valid there
as s"ch& shall also be valid in this co"ntry& e)cept
bia!o"s& polya!o"s& or incest"o"s !arriaes as
deter!ined by Philippine law. (15a)

CHAPTER 2
MARRIA%ES OF E'CEPTIONAL CHARACTER

Art. /2. (n case either of the contractin parties is on
the point of death or the fe!ale has her habit"al
residence at a place !ore than fifteen kilo!eters
distant fro! the !"nicipal b"ildin and there is no
co!!"nication by railroad or by provincial or local
hihways between the for!er and the latter& the
!arriae !ay be sole!ni%ed witho"t necessity of a
!arriae license8 b"t in s"ch cases the official& priest&
or !inister sole!ni%in it shall state in an affidavit
!ade before the local civil reistrar or any person
a"thori%ed by law to ad!inister oaths that the
!arriae was perfor!ed in artic"lo !ortis or at a
place !ore than fifteen kilo!eters distant fro! the
!"nicipal b"ildin concerned& in which latter case he
shall ive the na!e of the barrio where the !arriae
was sole!ni%ed. The person who sole!ni%ed the
!arriae shall also state& in either case& that he took
the necessary steps to ascertain the aes and
relationship of the contractin parties and that there
was in his opinion no leal i!pedi!ent to the
!arriae at the ti!e that it was sole!ni%ed. (27)
Art. /'. The oriinal of the affidavit re0"ired in the last
precedin article& toether with a copy of the !arriae
contract& shall be sent by the person sole!ni%in the
!arriae to the local civil reistrar of the !"nicipality
where it was perfor!ed within the period of thirty
days& after the perfor!ance of the !arriae. The local
civil reistrar shall& however& before filin the papers&
re0"ire the pay!ent into the !"nicipal treas"ry of the
leal fees re0"ired in Article ,+. (21)
Art. /*. A !arriae in artic"lo !ortis !ay also be
sole!ni%ed by the captain of a ship or chief of an
airplane d"rin a voyae& or by the co!!andin
officer of a !ilitary "nit& in the absence of a chaplain&
d"rin war. The d"ties !entioned in the two
precedin articles shall be co!plied with by the ship
captain& airplane chief or co!!andin officer. (n)
Art. /+. =arriaes between Ailipino citi%ens abroad
!ay be sole!ni%ed by cons"ls and vice1cons"ls of
the -ep"blic of the Philippines. The d"ties of the local
civil reistrar and of a ."de or ."stice of the peace or
!ayor with reard to the celebration of !arriae shall
be perfor!ed by s"ch cons"ls and vice1cons"ls. (n)
Art. /,. 6o !arriae license shall be necessary when
a !an and a wo!an who have attained the ae of
!a.ority and who& bein "n!arried& have lived
toether as h"sband and wife for at least five years&
desire to !arry each other. The contractin parties
shall state the foreoin facts in an affidavit before
any person a"thori%ed by law to ad!inister oaths.
The official& priest or !inister who sole!ni%ed the
!arriae shall also state in an affidavit that he took
steps to ascertain the aes and other 0"alifications of
the contractin parties and that he fo"nd no leal
i!pedi!ent to the !arriae. (n)
Art. //. (n case two persons !arried in accordance
with law desire to ratify their "nion in confor!ity with
the re"lations& rites& or practices of any ch"rch& sect&
or reliion it shall no loner be necessary to co!ply
with the re0"ire!ents of Chapter 1 of this Title and
any ratification !ade shall !erely be considered as a
p"rely reliio"s cere!ony. (2')
Art. /3. =arriaes between =oha!!edans or paans
who live in the non1Christian provinces !ay be
perfor!ed in accordance with their c"sto!s& rites or
practices. 6o !arriae license or for!al re0"isites
shall be necessary. 6or shall the persons sole!ni%in
these !arriaes be oblied to co!ply with Article 52.
9owever& twenty years after approval of this Code& all
!arriaes perfor!ed between =oha!!edans or
paans shall be sole!ni%ed in accordance with the
provisions of this Code. B"t the President of the
Philippines& "pon reco!!endation of the @ecretary of
the (nterior& !ay at any ti!e before the e)piration of
said period& by procla!ation& !ake any of said
provisions applicable to the =oha!!edan and non1
Christian inhabitants of any of the non1Christian
provinces. (2+a)
Art. /5. =i)ed !arriaes between a Christian !ale
and a =oha!!edan or paan fe!ale shall be
overned by the eneral provision of this Title and not
by those of the last precedin article& b"t !i)ed
!arriaes between a =oha!!edan or paan !ale
and a Christian fe!ale !ay be perfor!ed "nder the
provisions of the last precedin article if so desired by
the contractin parties& s"b.ect& however& in the latter
case to the provisions of the second pararaph of
said article. (2,)

CHAPTER 3
VOID AND VOIDABLE MARRIA%ES

Art. 37. The followin !arriaes shall be void fro! the
beinnin<
(1) Those contracted "nder the aes of si)teen and
fo"rteen years by the !ale and fe!ale respectively&
even with the consent of the parents8
(2) Those sole!ni%ed by any person not leally
a"thori%ed to perfor! !arriaes8
(') Those sole!ni%ed witho"t a !arriae license&
save !arriaes of e)ceptional character8
(*) Bia!o"s or polya!o"s !arriaes not fallin
"nder Article 3'& 6"!ber 28
(+) (ncest"o"s !arriaes !entioned in Article 318
(,) Those where one or both contractin parties have
been fo"nd "ilty of the killin of the spo"se of either
of the!8
(/) Those between stepbrothers and stepsisters and
other !arriaes specified in Article 32. (n)
Art. 31. =arriaes between the followin are
incest"o"s and void fro! their perfor!ance& whether
the relationship between the parties be leiti!ate or
illeiti!ate<
(1) Between ascendants and descendants of any
deree8
(2) Between brothers and sisters& whether of the f"ll
or half blood8
(') Between collateral relatives by blood within the
fo"rth civil deree. (23a)
Art. 32. The followin !arriaes shall also be void
fro! the beinnin<
(1) Between stepfathers and stepda"hters& and
step!others and stepsons8
(2) Between the adoptin father or !other and the
adopted& between the latter and the s"rvivin spo"se
of the for!er& and between the for!er and the
s"rvivin spo"se of the latter8
(') Between the leiti!ate children of the adopter and
the adopted. (23a)
Art. 3'. Any !arriae s"bse0"ently contracted by any
person d"rin the lifeti!e of the first spo"se of s"ch
person with any person other than s"ch first spo"se
shall be illeal and void fro! its perfor!ance& "nless<
(1) The first !arriae was ann"lled or dissolved8 or
(2) The first spo"se had been absent for seven
consec"tive years at the ti!e of the second !arriae
witho"t the spo"se present havin news of the
absentee bein alive& or if the absentee& tho"h he
has been absent for less than seven years& is
enerally considered as dead and believed to be so
by the spo"se present at the ti!e of contractin s"ch
s"bse0"ent !arriae& or if the absentee is pres"!ed
dead accordin to Articles '57 and '51. The !arriae
so contracted shall be valid in any of the three cases
"ntil declared n"ll and void by a co!petent co"rt.
(25a)
Art. 3*. 6o !arriae license shall be iss"ed to a
widow till after three h"ndred days followin the death
of her h"sband& "nless in the !eanti!e she has iven
birth to a child. (n)
Art. 3+. A !arriae !ay be ann"lled for any of the
followin ca"ses& e)istin at the ti!e of the !arriae<
(1) That the party in whose behalf it is so"ht to have
the !arriae ann"lled was between the aes of
si)teen and twenty years& if !ale& or between the
aes of fo"rteen and eihteen years& if fe!ale& and
the !arriae was sole!ni%ed witho"t the consent of
the parent& "ardian or person havin a"thority over
the party& "nless after attainin the aes of twenty or
eihteen years& as the case !ay be& s"ch party freely
cohabited with the other and both lived toether as
h"sband and wife8
(2) (n a s"bse0"ent !arriae "nder Article 3'&
6"!ber 2& that the for!er h"sband or wife believed to
be dead was in fact livin and the !arriae with s"ch
for!er h"sband or wife was then in force8
(') That either party was of "nso"nd !ind& "nless
s"ch party& after co!in to reason& freely cohabited
with the other as h"sband or wife8
(*) That the consent of either party was obtained by
fra"d& "nless s"ch party afterwards& with f"ll
knowlede of the facts constit"tin the fra"d& freely
cohabited with the other as her h"sband or his wife&
as the case !ay be8
(+) That the consent of either party was obtained by
force or inti!idation& "nless the violence or threat
havin disappeared& s"ch party afterwards freely
cohabited with the other as her h"sband or his wife&
as the case !ay be8
(,) That either party was& at the ti!e of !arriae&
physically incapable of enterin into the !arried state&
and s"ch incapacity contin"es& and appears to be
inc"rable. ('7a)
Art. 3,. Any of the followin circ"!stances shall
constit"te fra"d referred to in 6"!ber * of the
precedin article<
(1) =isrepresentation as to the identity of one of the
contractin parties8
(2) 6on1disclos"re of the previo"s conviction of the
other party of a cri!e involvin !oral t"rpit"de& and
the penalty i!posed was i!prison!ent for two years
or !ore8
(') Conceal!ent by the wife of the fact that at the
ti!e of the !arriae& she was prenant by a !an
other than her h"sband.
6o other !isrepresentation or deceit as to character&
rank& fort"ne or chastity shall constit"te s"ch fra"d as
will ive ro"nds for action for the ann"l!ent of
!arriae. (n)
Art. 3/. The action for ann"l!ent of !arriae !"st be
co!!enced by the parties and within the periods as
follows<
(1) Aor ca"ses !entioned in 6"!ber 1 of Article 3+&
by the party whose parent or "ardian did not ive his
or her consent& within fo"r years after attainin the
ae of twenty or eihteen years& as the case !ay be8
or by the parent or "ardian or person havin leal
chare& at any ti!e before s"ch party has arrived at
the ae of twenty or eihteen years8
(2) Aor ca"ses !entioned in 6"!ber 2 of Article 3+&
by the spo"se who has been absent& d"rin his or her
lifeti!e8 or by either spo"se of the s"bse0"ent
!arriae d"rin the lifeti!e of the other8
(') Aor ca"ses !entioned in 6"!ber ' of Article 3+&
by the sane spo"se& who had no knowlede of the
other;s insanity8 or by any relative or "ardian of the
party of "nso"nd !ind& at any ti!e before the death
of either party8
(*) Aor ca"ses !entioned in 6"!ber *& by the in."red
party& within fo"r years after the discovery of the
fra"d8
(+) Aor ca"ses !entioned in 6"!ber +& by the in."red
party& within fo"r years fro! the ti!e the force or
inti!idation ceased8
(,) Aor ca"ses !entioned in 6"!ber ,& by the in."red
party& within eiht years after the !arriae. ('1a)
Art. 33. 6o ."d!ent ann"llin a !arriae shall be
pro!"lated "pon a stip"lation of facts or by
confession of ."d!ent.
Art. 35. Children conceived or born of !arriaes
which are void fro! the beinnin shall have the
sa!e stat"s& rihts and obliations as acknowleded
nat"ral children& and are called nat"ral children by
leal fiction.
Children conceived of voidable !arriaes before the
decree of ann"l!ent shall be considered as
leiti!ate8 and children conceived thereafter shall
have the sa!e stat"s& rihts and obliations as
acknowleded nat"ral children& and are also called
nat"ral children by leal fiction. (n)
Art. 57. 2hen a !arriae is ann"lled& the co"rt shall
award the c"stody of the children as it !ay dee!
best& and !ake provision for their ed"cation and
s"pport. Attorney;s fees and e)penses inc"rred in the
litiation shall be chared to the con."al partnership
property& "nless the action fails. (''a)
Art. 51. Da!aes !ay be awarded in the followin
cases when the !arriae is ."dicially ann"lled or
declared void fro! the beinnin<
(1) (f there has been fra"d& force or inti!idation in
obtainin the consent of one of the contractin
parties8
(2) (f either party was& at the ti!e of the !arriae&
physically incapable of enterin into the !arried state&
and the other party was "naware thereof8
(') (f the person sole!ni%in the !arriae was not
leally a"thori%ed to perfor! !arriaes& and that fact
was known to one of the contractin parties& b"t he or
she concealed it fro! the other8
(*) (f a bia!o"s or polya!o"s !arriae was
celebrated& and the i!pedi!ent was concealed fro!
the plaintiff by the party dis0"alified8
(+) (f in an incest"o"s !arriae& or a !arriae
between a stepbrother and a stepsister or other
!arriae prohibited by article 32& the relationship was
known to only one of the contractin parties b"t was
not disclosed to the other8
(,) (f one party was insane and the other was aware
thereof at the ti!e of the !arriae. (n)
C9APT:- *
A?T9#-(TF T# @#L:=6(C: =A--(A$:@

Art. 52. :very priest& or !inister& or rabbi a"thori%ed
by his deno!ination& ch"rch& sect& or reliion to
sole!ni%e !arriae shall send to the proper
overn!ent office a sworn state!ent settin forth his
f"ll na!e and do!icile& and that he is a"thori%ed by
his deno!ination& ch"rch& sect& or reliion to
sole!ni%e !arriae& attachin to said state!ent a
certified copy of his appoint!ent. The director of the
proper overn!ent office& "pon receivin s"ch sworn
state!ent containin the infor!ation re0"ired& and
bein satisfied that the deno!ination& ch"rch& sect& or
reion of the applicant operates in the Philippines&
shall record the na!e of s"ch priest or !inister in a
s"itable reister and iss"e to hi! an a"thori%ation to
sole!ni%e !arriae. @aid priest or !inister or rabbi
shall be oblied to e)hibit his a"thori%ation to the
contractin parties& to their parents& randparents&
"ardians& or persons in chare de!andin the sa!e.
6o priest or !inister not havin the re0"ired
a"thori%ation !ay sole!ni%e !arriae. ('*a)
Art. 5'. Areedo! of reliion shall be observed by
p"blic officials in the iss"ance of a"thori%ation to
sole!ni%e !arriaes. Conse0"ently& no p"blic official
shall atte!pt to in0"ire into the tr"th or validity of any
reliio"s doctrine held by the applicant or by his
ch"rch. (n)
Art. 5*. The p"blic official in chare of reistration of
priests and !inisters shall cancel the a"thori%ation
iss"ed to a bishop& head& priest& rabbi& pastor or
!inister of the ospel of any deno!ination& ch"rch&
sect& or reliion& on his own initiative or at the re0"est
of any interested party& "pon showin that the ch"rch&
sect or reliion whose !inisters have been a"thori%ed
to sole!ni%e !arriae is no loner in operation. The
cancellation of the a"thori%ation ranted to a priest&
pastor or !inister shall likewise be ordered "pon the
re0"est of the bishop& head& or lawf"l a"thorities of
the deno!ination& ch"rch& sect or reliion to which he
belons. ('+a)
Art. 5+. The p"blic official in chare of reistration of
priests and !inisters& with the approval of the proper
head of Depart!ent& is hereby a"thori%ed to prepare
the necessary for!s and to pro!"late re"lations for
the p"rpose of enforcin the provisions of this Title.
@aid official !ay also by re"lations fi) and collect
fees for the a"thori%ation of priests and !inisters to
sole!ni%e !arriaes. (',a)
Art. 5,. The e)istin laws which p"nish acts or
o!issions concernin the !arriae license&
sole!ni%ation of !arriae& a"thority to sole!ni%e
!arriaes& and other acts or o!issions relative to the
celebration of !arriae shall re!ain and contin"e to
be in force. (n)

Title (>. 1 L:$AL @:PA-AT(#6

Art. 5/. A petition for leal separation !ay be filed<
(1) Aor ad"ltery on the part of the wife and for
conc"binae on the part of the h"sband as defined in
the Penal Code8 or
(2) An atte!pt by one spo"se aainst the life of the
other. (n)
Art. 53. (n every case the co"rt !"st take steps&
before rantin the leal separation& toward the
reconciliation of the spo"ses& and !"st be f"lly
satisfied that s"ch reconciliation is hihly i!probable.
(n)
Art. 55. 6o person shall be entitled to a leal
separation who has not resided in the Philippines for
one year prior to the filin of the petition& "nless the
ca"se for the leal separation has taken place within
the territory of this -ep"blic. (@ec. 2a& Act 6o. 2/17)
Art. 177. The leal separation !ay be clai!ed only by
the innocent spo"se& provided there has been no
condonation of or consent to the ad"ltery or
conc"binae. 2here both spo"ses are offenders& a
leal separation cannot be clai!ed by either of the!.
Coll"sion between the parties to obtain leal
separation shall ca"se the dis!issal of the petition.
('a& Act 6o. 2/17)
Art. 171. 6o decree of leal separation shall be
pro!"lated "pon a stip"lation of facts or by
confession of ."d!ent.
(n case of non1appearance of the defendant& the co"rt
shall order the prosec"tin attorney to in0"ire whether
or not a coll"sion between the parties e)ists. (f there
is no coll"sion& the prosec"tin attorney shall
intervene for the @tate in order to take care that the
evidence for the plaintiff is not fabricated. (n)
Art. 172. An action for leal separation cannot be filed
e)cept within one year fro! and after the date on
which the plaintiff beca!e coni%ant of the ca"se and
within five years fro! and after the date when s"ch
ca"se occ"rred. (*a& Act 2/17)
Art. 17'. An action for leal separation shall in no
case be tried before si) !onths shall have elapsed
since the filin of the petition. (+a& Act 2/17)
Art. 17*. After the filin of the petition for leal
separation& the spo"ses shall be entitled to live
separately fro! each other and !anae their
respective property.
The h"sband shall contin"e to !anae the con."al
partnership property b"t if the co"rt dee!s it proper& it
!ay appoint another to !anae said property& in
which case the ad!inistrator shall have the sa!e
rihts and d"ties as a "ardian and shall not be
allowed to dispose of the inco!e or of the capital
e)cept in accordance with the orders of the co"rt. (,&
Act 2/17)
Art. 17+. D"rin the pendency of leal separation
proceedins the co"rt shall !ake provision for the
care of the !inor children in accordance with the
circ"!stances and !ay order the con."al
partnership property or the inco!e therefro! to be set
aside for their s"pport8 and in defa"lt thereof said
!inor children shall be cared for in confor!ity with the
provisions of this Code8 b"t the Co"rt shall abstain
fro! !akin any order in this respect in case the
parents have by !"t"al aree!ent& !ade provision
for the care of said !inor children and these are& in
the ."d!ent of the co"rt& well cared for. (/a& Act
2/17)
Art. 17,. The decree of leal separation shall have
the followin effects<
(1) The spo"ses shall be entitled to live separately
fro! each other& b"t !arriae bonds shall not be
severed8
(2) The con."al partnership of ains or the absol"te
con."al co!!"nity of property shall be dissolved
and li0"idated& b"t the offendin spo"se shall have no
riht to any share of the profits earned by the
partnership or co!!"nity& witho"t pre."dice to the
provisions of Article 1/,8
(') The c"stody of the !inor children shall be
awarded to the innocent spo"se& "nless otherwise
directed by the co"rt in the interest of said !inors& for
who! said co"rt !ay appoint a "ardian8
(*) The offendin spo"se shall be dis0"alified fro!
inheritin fro! the innocent spo"se by intestate
s"ccession. =oreover& provisions in favor of the
offendin spo"se !ade in the will of the innocent one
shall be revoked by operation of law. (n)
Art. 17/. The innocent spo"se& after a decree of leal
separation has been ranted& !ay revoke the
donations by reason of !arriae !ade by hi! or by
her to the offendin spo"se. Alienation and
!ortaes !ade before the notation of the co!plaint
for revocation in the -eistry of Property shall be
valid.
This action lapses after fo"r years followin the date
the decree beca!e final. (n)
Art. 173. -econciliation stops the proceedins for
leal separation and rescinds the decree of leal
separation already rendered.
The revival of the con."al partnership of ains or of
the absol"te con."al co!!"nity of property shall be
overned by Article 15+. (17a. Act 2/17)

Ti!" V. # RI%HTS AND OBLI%ATIONS
BETWEEN HUSBAND AND WIFE

Art. 175. The h"sband and wife are oblied to live
toether& observe !"t"al respect and fidelity& and
render !"t"al help and s"pport. (+,a)
Art. 117. The h"sband shall fi) the residence of the
fa!ily. B"t the co"rt !ay e)e!pt the wife fro! livin
with the h"sband if he sho"ld live abroad "nless in
the service of the -ep"blic. (+3a)
Art. 111. The h"sband is responsible for the s"pport
of the wife and the rest of the fa!ily. These e)penses
shall be !et first fro! the con."al property& then fro!
the h"sband;s capital& and lastly fro! the wife;s
paraphernal property. (n case there is a separation of
property& by stip"lation in the !arriae settle!ents&
the h"sband and wife shall contrib"te proportionately
to the fa!ily e)penses. (n)
Art. 112. The h"sband is the ad!inistrator of the
con."al property& "nless there is a stip"lation in the
!arriae settle!ents conferrin the ad!inistration
"pon the wife. @he !ay also ad!inister the con."al
partnership in other cases specified in this Code. (n)
Art. 11'. The h"sband !"st be .oined in all s"its by or
aainst the wife& e)cept<
(1) 2hen they are ."dicially separated8
(2) (f they have in fact been separated for at least one
year8
(') 2hen there is a separation of property areed
"pon in the !arriae settle!ents8
(*) (f the ad!inistration of all the property in the
!arriae has been transferred to her& in accordance
with Articles 15, and 15/8
(+) 2hen the litiation is between the h"sband and
wife8
(,) (f the s"it concerns her paraphernal property8
(/) 2hen the action is "pon the civil liability arisin
fro! a cri!inal offense8
(3) (f the litiation is incidental to the profession&
occ"pation or b"siness in which she is enaed8
(5) (n any civil action referred to in Articles 2+ to '+8
and
(17) (n an action "pon a 0"asi1delict.
(n the cases !entioned in 6os. / to 17& the h"sband
!"st be .oined as a party defendant if the third
pararaph of Article 1,' is applicable. (n)
Art. 11*. The wife cannot& witho"t the h"sband;s
consent ac0"ire any property by rat"ito"s title&
e)cept fro! her ascendants& descendants& parents1in1
law& and collateral relatives within the fo"rth deree.
(n)
Art. 11+. The wife !anaes the affairs of the
ho"sehold. @he !ay p"rchase thins necessary for
the s"pport of the fa!ily& and the con."al partnership
shall be bo"nd thereby. @he !ay borrow !oney for
this p"rpose& if the h"sband fails to deliver the proper
s"!. The p"rchase of .ewelry and precio"s ob.ects is
voidable& "nless the transaction has been e)pressly
or tacitly approved by the h"sband& or "nless the
price paid is fro! her paraphernal property. (,2a)
Art. 11,. 2hen one of the spo"ses nelects his or her
d"ties to the con."al "nion or brins daner&
dishonor or !aterial in."ry "pon the other& the in."red
party !ay apply to the co"rt for relief.
The co"rt !ay co"nsel the offender to co!ply with his
or her d"ties& and take s"ch !eas"res as !ay be
proper. (n)
Art. 11/. The wife !ay e)ercise any profession or
occ"pation or enae in b"siness. 9owever& the
h"sband !ay ob.ect& provided<
(1) 9is inco!e is s"fficient for the fa!ily& accordin to
its social standin& and
(2) 9is opposition is fo"nded on serio"s and valid
ro"nds.
(n case of disaree!ent on this 0"estion& the parents
and randparents as well as the fa!ily co"ncil& if any&
shall be cons"lted. (f no aree!ent is still arrived at&
the co"rt will decide whatever !ay be proper and in
the best interest of the fa!ily. (n)

Ti!" VI. # PROPERTY RELATIONS
BETWEEN HUSBAND AND WIFE
CHAPTER $
%ENERAL PROVISIONS

Art. 113. The property relations between h"sband and
wife shall be overned in the followin order<
(1) By contract e)ec"ted before the !arriae8
(2) By the provisions of this Code8 and
(') By c"sto!. (1'1+a)
Art. 115. The f"t"re spo"ses !ay in the !arriae
settle!ents aree "pon absol"te or relative
co!!"nity of property& or "pon co!plete separation
of property& or "pon any other rei!e. (n the absence
of !arriae settle!ents& or when the sa!e are void&
the syste! of relative co!!"nity or con."al
partnership of ains as established in this Code& shall
overn the property relations between h"sband and
wife. (n)
Art. 127. A !inor who accordin to law !ay contract
!arriae& !ay also e)ec"te his or her !arriae
settle!ents8 b"t they shall be valid only if the persons
desinated by law to ive consent to the !arriae of
the !inor take part in the ante1n"ptial aree!ent. (n
the absence of the parents or of a "ardian& the
consent to the !arriae settle!ents will be iven by
the fa!ily co"ncil. (1'13a)
Art. 121. (n order that any !odification in the !arriae
settle!ents !ay be valid& it !"st be !ade before the
celebration of the !arriae& s"b.ect to the provisions
of Article 151. (1'15a)
Art. 122. The !arriae settle!ents and any
!odification thereof shall be overned by the @tat"te
of Ara"ds& and e)ec"ted before the celebration of the
!arriae. They shall not pre."dice third persons
"nless they are recorded in the -eistry of Property.
(1'21a)
Art. 12'. Aor the validity of !arriae settle!ents
e)ec"ted by any person "pon who! a sentence of
civil interdiction has been prono"nced& the presence
and participation of the "ardian shall be
indispensable& who for this p"rpose shall be
desinated by a co!petent co"rt& in accordance with
the provisions of the -"les of Co"rt. (1'2'a)
Art. 12*. (f the !arriae is between a citi%en of the
Philippines and a foreiner& whether celebrated in the
Philippines or abroad& the followin r"les shall prevail<
(1) (f the h"sband is a citi%en of the Philippines while
the wife is a foreiner& the provisions of this Code
shall overn their relations8
(2) (f the h"sband is a foreiner and the wife is a
citi%en of the Philippines& the laws of the h"sband;s
co"ntry shall be followed& witho"t pre."dice to the
provisions of this Code with reard to i!!ovable
property. (1'2+a)
Art. 12+. :verythin stip"lated in the settle!ents or
contracts referred to in the precedin articles in
consideration of a f"t"re !arriae shall be rendered
void and witho"t effect whatever& if the !arriae
sho"ld not take place. 9owever& those stip"lations
that do not depend "pon the celebration of the
!arriae shall be valid. (1'2,a)

CHAPTER 2
DONATIONS BY REASON OF MARRIA%E

Art. 12,. Donations by reasons of !arriae are those
which are !ade before its celebration& in
consideration of the sa!e and in favor of one or both
of the f"t"re spo"ses. (1'2/)
Art. 12/. These donations are overned by the r"les
on ordinary donations established in Title ((( of Book
(((& e)cept as to their for! which shall be re"lated by
the @tat"te of Ara"ds8 and insofar as they are not
!odified by the followin articles. (1'23a)
Art. 123. =inors !ay !ake and receive donations in
their ante1n"ptial contract& provided they are
a"thori%ed by the persons who are to ive their
consent to the !arriae of said !inors. (1'25a)
Art. 125. :)press acceptance is not necessary for the
validity of these donations. (1''7)
Art. 1'7. The f"t"re spo"ses !ay ive each other in
their !arriae settle!ents as !"ch as one1fifth of
their present property& and with respect to their f"t"re
property& only in the event of death& to the e)tent laid
down by the provisions of this Code referrin to
testa!entary s"ccession. (1''1a)
Art. 1'1. The donor by reason of !arriae shall
release the property donated fro! !ortaes and all
other enc"!brances "pon the sa!e& with the
e)ception of ease!ents& "nless in the !arriae
settle!ents or in the contracts the contrary has been
stip"lated. (1''2a)
Art. 1'2. A donation by reason of !arriae is not
revocable& save in the followin cases<
(1) (f it is conditional and the condition is not co!plied
with8
(2) (f the !arriae is not celebrated8
(') 2hen the !arriae takes place witho"t the
consent of the parents or "ardian& as re0"ired by
law8
(*) 2hen the !arriae is ann"lled& and the donee
acted in bad faith8
(+) ?pon leal separation& the donee bein the "ilty
spo"se8
(,) 2hen the donee has co!!itted an act of
inratit"de as specified by the provisions of this Code
on donations in eneral. (1'''a)
Art. 1''. :very donation between the spo"ses d"rin
the !arriae shall be void. This prohibition does not
apply when the donation takes effect after the death
of the donor.
6either does this prohibition apply to !oderate ifts
which the spo"ses !ay ive each other on the
occasion of any fa!ily re.oicin. (1''*a)
Art. 1'*. Donations d"rin the !arriae by one of the
spo"ses to the children who! the other spo"se had
by another !arriae& or to persons of who! the other
spo"se is a pres"!ptive heir at the ti!e of the
donation are voidable& at the instance of the donor;s
heirs after his death. (1''+a)

CHAPTER 3
PARAPHERNAL PROPERTY

Art. 1'+. All property bro"ht by the wife to the
!arriae& as well as all property she ac0"ires d"rin
the !arriae& in accordance with article 1*3& is
paraphernal. (1'31a)
Art. 1',. The wife retains the ownership of the
paraphernal property. (1'32)
Art. 1'/. The wife shall have the ad!inistration of the
paraphernal property& "nless she delivers the sa!e to
the h"sband by !eans of a p"blic instr"!ent
e!powerin hi! to ad!inister it.
(n this case& the p"blic instr"!ent shall be recorded in
the -eistry of Property. As for the !ovables& the
h"sband shall ive ade0"ate sec"rity. (1'3*a)
Art. 1'3. The fr"its of the paraphernal property for!
part of the assets of the con."al partnership& and
shall be s"b.ect to the pay!ent of the e)penses of the
!arriae.
The property itself shall also be s"b.ect to the daily
e)penses of the fa!ily& if the property of the con."al
partnership and the h"sband;s capital are not
s"fficient therefor. (1'3+a)
Art. 1'5. The personal obliations of the h"sband can
not be enforced aainst the fr"its of the paraphernal
property& "nless it be proved that they redo"nded to
the benefit of the fa!ily. (1'3,)
Art. 1*7. A !arried wo!an of ae !ay !ortae&
enc"!ber& alienate or otherwise dispose of her
paraphernal property& witho"t the per!ission of the
h"sband& and appear alone in co"rt to litiate with
reard to the sa!e. (n)
Art. 1*1. The alienation of any paraphernal property
ad!inistered by the h"sband ives a riht to the wife
to re0"ire the constit"tion of a !ortae or any other
sec"rity for the a!o"nt of the price which the
h"sband !ay have received. (1'57a)

CHAPTER (
CON&U%AL PARTNERSHIP OF %AINS
@:CT(#6 1. 1 $eneral Provisions

Art. 1*2. By !eans of the con."al partnership of
ains the h"sband and wife place in a co!!on f"nd
the fr"its of their separate property and the inco!e
fro! their work or ind"stry& and divide e0"ally& "pon
the dissol"tion of the !arriae or of the partnership&
the net ains or benefits obtained indiscri!inately by
either spo"se d"rin the !arriae. (1'52a)
Art. 1*'. All property of the con."al partnership of
ains is owned in co!!on by the h"sband and wife.
(n)
Art. 1**. 2hen a !an and a wo!an live toether as
h"sband and wife& b"t they are not !arried& or their
!arriae is void fro! the beinnin& the property
ac0"ired by either or both of the! thro"h their work
or ind"stry or their waes and salaries shall be
overned by the r"les on co1ownership. (n)
Art. 1*+. The con."al partnership shall co!!ence
precisely on the date of the celebration of the
!arriae. Any stip"lation to the contrary shall be void.
(1'5')
Art. 1*,. 2aiver of the ains or of the effects of this
partnership d"rin !arriae cannot be !ade e)cept
in case of ."dicial separation.
2hen the waiver takes place by reason of separation&
or after the !arriae has been dissolved or ann"lled&
the sa!e shall appear in a p"blic instr"!ent& and the
creditors shall have the riht which Article 17+2 rants
the!. (1'5*a)
Art. 1*/. The con."al partnership shall be overned
by the r"les on the contract of partnership in all that is
not in conflict with what is e)pressly deter!ined in this
Chapter. (1'5+)

@:CT(#6 2. 1 :)cl"sive Property of :ach @po"se

Art. 1*3. The followin shall be the e)cl"sive property
of each spo"se<
(1) That which is bro"ht to the !arriae as his or her
own8
(2) That which each ac0"ires& d"rin the !arriae& by
l"crative title8
(') That which is ac0"ired by riht of rede!ption or by
e)chane with other property belonin to only one of
the spo"ses8
(*) That which is p"rchased with e)cl"sive !oney of
the wife or of the h"sband. (1'5,)
Art. 1*5. 2hoever ives or pro!ises capital to the
h"sband shall not be s"b.ect to warranty aainst
eviction& e)cept in case of fra"d. (15'/)
Art. 1+7. Property donated or left by will to the
spo"ses& .ointly and with desination of deter!inate
shares& shall pertain to the wife as paraphernal
property& and to the h"sband as capital& in the
proportion specified by the donor or testator& and in
the absence of desination& share and share alike&
witho"t pre."dice to what is provided in Article /+'.
(1'53a)
Art. 1+1. (f the donations are onero"s& the a!o"nt of
the chares shall be ded"cted fro! the paraphernal
property or fro! the h"sband;s capital& whenever they
have been borne by the con."al partnership. (1'55a)
Art. 1+2. (f so!e credit payable in a certain n"!ber of
years& or a life pension& sho"ld pertain to one of the
spo"ses& the provisions of Articles 1+, and 1+/ shall
be observed to deter!ine what constit"tes the
paraphernal property and what for!s the capital of
the h"sband. (1*77a)

@:CT(#6 '. 1 Con."al Partnership Property

Art. 1+'. The followin are con."al partnership
property<
(1) That which is ac0"ired by onero"s title d"rin the
!arriae at the e)pense of the co!!on f"nd&
whether the ac0"isition be for the partnership& or for
only one of the spo"ses8
(2) That which is obtained by the ind"stry& or work& or
as salary of the spo"ses& or of either of the!8
(') The fr"its& rents or interests received or d"e d"rin
the !arriae& co!in fro! the co!!on property or
fro! the e)cl"sive property of each spo"se. (1*71)
Art. 1+*. That share of the hidden treas"re which the
law awards to the finder or the proprietor belons to
the con."al partnership. (n)
Art. 1++. Thins ac0"ired by occ"pation& s"ch as
fishin and h"ntin& pertain to the con."al
partnership of ains. (n)
Art. 1+,. 2henever an a!o"nt or credit payable in a
certain n"!ber of years belons to one of the
spo"ses& the s"!s which !ay be collected by
install!ents d"e d"rin the !arriae shall not pertain
to the con."al partnership& b"t shall be considered
capital of the h"sband or of the wife& as the credit !ay
belon to one or the other spo"se. (1*72)
Art. 1+/. The riht to an ann"ity& whether perpet"al or
of life& and the riht of "s"fr"ct& belonin to one of
the spo"ses shall for! a part of his or her separate
property& b"t the fr"its& pensions and interests d"e
d"rin the !arriae shall belon to the partnership.
The "s"fr"ct which the spo"ses have over the
property of their children& tho"h of another !arriae&
shall be incl"ded in this provision. (1*7'a)
Art. 1+3. (!prove!ents& whether for "tility or
adorn!ent& !ade on the separate property of the
spo"ses thro"h advance!ents fro! the partnership
or thro"h the ind"stry of either the h"sband or the
wife& belon to the con."al partnership.
B"ildins constr"cted& at the e)pense of the
partnership& d"rin the !arriae on land belonin to
one of the spo"ses& also pertain to the partnership&
b"t the val"e of the land shall be rei!b"rsed to the
spo"se who owns the sa!e. (1*7*a)
Art. 1+5. 2henever the paraphernal property or the
h"sband;s capital consists& in whole or in part& of
livestock e)istin "pon the dissol"tion of the
partnership& the n"!ber of ani!als e)ceedin that
bro"ht to the !arriae shall be dee!ed to be of the
con."al partnership. (1*7+a)
Art. 1,7. All property of the !arriae is pres"!ed to
belon to the con."al partnership& "nless it be
proved that it pertains e)cl"sively to the h"sband or to
the wife. (1*7/)

@:CT(#6 *. 1 Chares ?pon and #bliation
of the Con."al Partnership

Art. 1,1. The con."al partnership shall be liable for<
(1) All debts and obliations contracted by the
h"sband for the benefit of the con."al partnership&
and those contracted by the wife& also for the sa!e
p"rpose& in the cases where she !ay leally bind the
partnership8
(2) Arrears or inco!e d"e& d"rin the !arriae& fro!
obliations which constit"te a chare "pon property of
either spo"se or of the partnership8
(') =inor repairs or for !ere preservation !ade
d"rin the !arriae "pon the separate property of
either the h"sband or the wife8 !a.or repairs shall not
be chared to the partnership8
(*) =a.or or !inor repairs "pon the con."al
partnership property8
(+) The !aintenance of the fa!ily and the ed"cation
of the children of both h"sband and wife& and of
leiti!ate children of one of the spo"ses8
(,) :)penses to per!it the spo"ses to co!plete a
professional& vocational or other co"rse. (1*73a)
Art. 1,2. The val"e of what is donated or pro!ised to
the co!!on children by the h"sband& only for
sec"rin their f"t"re or the finishin of a career& or by
both spo"ses thro"h a co!!on aree!ent& shall
also be chared to the con."al partnership& when
they have not stip"lated that it is to be satisfied fro!
the property of one of the!& in whole or in part. (1*75)
Art. 1,'. The pay!ent of debts contracted by the
h"sband or the wife before the !arriae shall not be
chared to the con."al partnership.
6either shall the fines and pec"niary inde!nities
i!posed "pon the! be chared to the partnership.
9owever& the pay!ent of debts contracted by the
h"sband or the wife before the !arriae& and that of
fines and inde!nities i!posed "pon the!& !ay be
enforced aainst the partnership assets after the
responsibilities en"!erated in Article 1,1 have been
covered& if the spo"se who is bo"nd sho"ld have no
e)cl"sive property or if it sho"ld be ins"fficient8 b"t at
the ti!e of the li0"idation of the partnership s"ch
spo"se shall be chared for what has been paid for
the p"rpose above1!entioned. (1*17)
Art. 1,*. 2hatever !ay be lost d"rin the !arriae in
any kind of a!blin& bettin or a!e& whether
per!itted or prohibited by law& shall be borne by the
loser& and shall not be chared to the con."al
partnership. (1*11a)

@:CT(#6 +. 1 Ad!inistration of the Con."al
Partnership

Art. 1,+. The h"sband is the ad!inistrator of the
con."al partnership. (1*12a)
Art. 1,,. ?nless the wife has been declared a non
co!pos !entis or a spendthrift& or is "nder civil
interdiction or is confined in a leprosari"!& the
h"sband cannot alienate or enc"!ber any real
property of the con."al partnership witho"t the wife;s
consent. (f she ref"ses "nreasonably to ive her
consent& the co"rt !ay co!pel her to rant the sa!e.
This article shall not apply to property ac0"ired by the
con."al partnership before the effective date of this
Code. (1*1'a)
Art. 1,/. (n case of ab"se of powers of ad!inistration
of the con."al partnership property by the h"sband&
the co"rts& on petition of the wife& !ay provide for
receivership& or ad!inistration by the wife& or
separation of property. (n)
Art. 1,3. The wife !ay& by e)press a"thority of the
h"sband e!bodied in a p"blic instr"!ent& ad!inister
the con."al partnership property. (n)
Art. 1,5. The wife !ay also by e)press a"thority of
the h"sband appearin in a p"blic instr"!ent&
ad!inister the latter;s estate. (n)
Art. 1/7. The h"sband or the wife !ay dispose by will
of his or her half of the con."al partnership profits.
(1*1*a)
Art. 1/1. The h"sband !ay dispose of the con."al
partnership property for the p"rposes specified in
Articles 1,1 and 1,2. (1*1+a)
Art. 1/2. The wife cannot bind the con."al
partnership witho"t the h"sband;s consent e)cept in
cases provided by law. (1*1,a)
Art. 1/'. The wife !ay& d"rin the !arriae& and
within ten years fro! the transaction 0"estioned& ask
the co"rts for the ann"l!ent of any contract of the
h"sband entered into witho"t her consent& when s"ch
consent is re0"ired& or any act or contract of the
h"sband which tends to defra"d her or i!pair her
interest in the con."al partnership property. @ho"ld
the wife fail to e)ercise this riht& she or her heirs&
after the dissol"tion of the !arriae& !ay de!and the
val"e of property fra"d"lently alienated by the
h"sband. (n)
Art. 1/*. 2ith the e)ception of !oderate donations for
charity& neither h"sband nor wife can donate any
property of the con."al partnership witho"t the
consent of the other. (n)

@:CT(#6 ,. 1 Dissol"tion of the Con."al Partnership

Art. 1/+. The con."al partnership of ains
ter!inates<
(1) ?pon the death of either spo"se8
(2) 2hen there is a decree of leal separation8
(') 2hen the !arriae is ann"lled8
(*) (n case of ."dicial separation of property "nder
Article 151. (1*1/a)
Art. 1/,. (n case of leal separation& the "ilty spo"se
shall forfeit his or her share of the con."al
partnership profits& which shall be awarded to the
children of both& and the children of the "ilty spo"se
had by a prior !arriae. 9owever& if the con."al
partnership property ca!e !ostly or entirely fro! the
work or ind"stry& or fro! the waes and salaries& or
fro! the fr"its of the separate property of the "ilty
spo"se& this forfeit"re shall not apply.
(n case there are no children& the innocent spo"se
shall be entitled to all the net profits. (n)
Art. 1//. (n case of ann"l!ent of the !arriae& the
spo"se who acted in bad faith or ave ca"se for
ann"l!ent shall forfeit his or her share of the con."al
partnership profits. The provision of the precedin
article shall overn. (n)
Art. 1/3. The separation in fact between h"sband and
wife witho"t ."dicial approval& shall not affect the
con."al partnership& e)cept that<
(1) The spo"se who leaves the con."al ho!e or
ref"ses to live therein& witho"t ."st ca"se& shall not
have a riht to be s"pported8
(2) 2hen the consent of one spo"se to any
transaction of the other is re0"ired by law& ."dicial
a"thori%ation shall be necessary8
(') (f the h"sband has abandoned the wife witho"t
."st ca"se for at least one year& she !ay petition the
co"rt for a receivership& or ad!inistration by her of the
con."al partnership property& or separation of
property. (n)
@:CT(#6 /. 1 Li0"idation of the Con."al Partnership

Art. 1/5. ?pon the dissol"tion of the con."al
partnership& an inventory shall be for!ed& b"t s"ch
inventory shall not be necessary<
(1) (f& after the dissol"tion of the partnership& one of
the spo"ses sho"ld have reno"nced its effects and
conse0"ences in d"e ti!e8 or
(2) 2hen separation of property has preceded the
dissol"tion of the partnership. (1*13a)
Art. 137. The bed and beddin which the spo"ses
ordinarily "se shall not be incl"ded in the inventory.
These effects& as well as the clothin for their ordinary
"se& shall be delivered to the s"rvivin spo"se. (1*27)
Art. 131. The inventory havin been co!pleted& the
paraphernal property shall first be paid. Then& the
debts and chares aainst the con."al partnership
shall be paid. (1*22a)
Art. 132. The debts& chares and obliations of the
con."al partnership havin been paid8 the capital of
the h"sband shall be li0"idated and paid to the
a!o"nt of the property inventoried. (1*2'a)
Art. 13'. The ded"ctions fro! the inventoried property
havin been !ade as provided in the two precedin
articles& the re!ainder of said property shall constit"te
the credit of the con."al partnership. (1*2*)
Art. 13*. The loss or deterioration of the !ovables
belonin to either spo"se& altho"h thro"h
fort"ito"s event& shall be paid fro! the con."al
partnership of ains& sho"ld there be any.
Those s"ffered by real property shall not be
rei!b"rsable in any case& e)cept those on
paraphernal property ad!inistered by the h"sband&
when the losses were d"e to his fa"lt. 9e shall pay for
the sa!e. (1*2+a)
Art. 13+. The net re!ainder of the con."al
partnership of ains shall be divided e0"ally between
the h"sband and the wife or their respective heirs&
"nless a different basis of division was areed "pon in
the !arriae settle!ents. (1*2,a)
Art. 13,. The !o"rnin apparel of the widow shall be
paid for o"t of the estate of the deceased h"sband.
(1*2/a)
Art. 13/. 2ith reard to the for!ation of the inventory&
r"les for appraisal and sale of property of the con."al
partnership& and other !atters which are not
e)pressly deter!ined in the present Chapter& the
-"les of Co"rt on the ad!inistration of estates of
deceased persons shall be observed. (1*23a)
Art. 133. Aro! the co!!on !ass of property s"pport
shall be iven to the s"rvivin spo"se and to the
children d"rin the li0"idation of the inventoried
property and "ntil what belons to the! is delivered8
b"t fro! this shall be ded"cted that a!o"nt received
for s"pport which e)ceeds the fr"its or rents
pertainin to the!. (1*'7)
Art. 135. 2henever the li0"idation of the partnership
of two or !ore !arriaes contracted by the sa!e
person sho"ld be carried o"t at the sa!e ti!e& in
order to deter!ine the capital of each partnership all
kinds of proof in the absence of inventories shall be
ad!itted8 and in case of do"bt& the partnership
property shall be divided between the different
partnerships in proportion to the d"ration of each and
to the property belonin to the respective spo"ses.
(1*'1)

CHAPTER )
SEPARATION OF PROPERTY OF THE SPOUSES
AND ADMINISTRATION OF PROPERTY
BY THE WIFE DURIN% THE MARRIA%E

Art. 157. (n the absence of an e)press declaration in
the !arriae settle!ents& the separation of property
between spo"ses d"rin the !arriae shall not take
place save in virt"e of a ."dicial order. (1*'2a)
Art. 151. The h"sband or the wife !ay ask for the
separation of property& and it shall be decreed when
the spo"se of the petitioner has been sentenced to a
penalty which carries with it civil interdiction& or has
been declared absent& or when leal separation has
been ranted.
(n case of ab"se of powers of ad!inistration of the
con."al partnership property by the h"sband& or in
case of abandon!ent by the h"sband& separation of
property !ay also be ordered by the co"rt& accordin
to the provisions of Articles 1,/ and 1/3& 6o. '.
(n all these cases& it is s"fficient to present the final
."d!ent which has been entered aainst the "ilty or
absent spo"se. (1*''a)
The h"sband and the wife !ay aree "pon the
dissol"tion of the con."al partnership d"rin the
!arriae& s"b.ect to ."dicial approval. All the creditors
of the h"sband and of the wife& as well as of the
con."al partnership shall be notified of any petition
for ."dicial approval or the vol"ntary dissol"tion of the
con."al partnership& so that any s"ch creditors !ay
appear at the hearin to safe"ard his interests. ?pon
approval of the petition for dissol"tion of the con."al
partnership& the co"rt shall take s"ch !eas"res as
!ay protect the creditors and other third persons.
After dissol"tion of the con."al partnership& the
provisions of Articles 21* and 21+ shall apply. The
provisions of this Code concernin the effect of
partition stated in Articles *53 to +71 shall be
applicable. (1*''a)
Art. 152. #nce the separation of property has been
ordered& the con."al partnership shall be dissolved&
and its li0"idation shall be !ade in confor!ity with
what has been established by this Code.
9owever& witho"t pre."dice to the provisions of Article
252& the h"sband and the wife shall be reciprocally
liable for their s"pport d"rin the separation& and for
the s"pport and ed"cation of their children8 all in
proportion to their respective property.
The share of the spo"se who is "nder civil interdiction
or absent shall be ad!inistered in accordance with
the -"les of Co"rt. (1*'*a)
Art. 15'. The co!plaint for separation and the final
."d!ent declarin the sa!e& shall be noted and
recorded in the proper reisters of property& if the
."d!ent sho"ld refer to i!!ovable property. (1*'/)
Art. 15*. The separation of property shall not
pre."dice the rihts previo"sly ac0"ired by creditors.
(1*'3)
Art. 15+. The separation of property ceases<
(1) ?pon reconciliation of the spo"ses& in case of
leal separation8
(2) 2hen the civil interdiction ter!inates8
(') 2hen the absent spo"se appears8
(*) 2hen the co"rt& at the instance of the wife&
a"thori%es the h"sband to res"!e the ad!inistration
of the con."al partnership& the co"rt bein satisfied
that the h"sband will not aain ab"se his powers as
an ad!inistrator8
(+) 2hen the h"sband& who has abandoned the wife&
re.oins her.
(n the above cases& the property relations between
the spo"ses shall be overned by the sa!e r"les as
before the separation& witho"t pre."dice to the acts
and contracts leally e)ec"ted d"rin the separation.
The spo"ses shall state& in a p"blic doc"!ent& all the
property which they ret"rn to the !arriae and which
shall constit"te the separate property of each.
This p"blic doc"!ent shall be recorded in the
-eistry of Property.
(n the cases referred to in this article& all the property
bro"ht in shall be dee!ed to be newly contrib"ted&
even tho"h all or so!e !ay be the sa!e which
e)isted before the li0"idation effected by reason of
the separation. (1*'5a)
Art. 15,. 2ith the con."al partnership s"bsistin& the
ad!inistration of all classes of property in the
!arriae !ay be transferred by the co"rts to the wife<
(1) 2hen she beco!es the "ardian of her h"sband8
(2) 2hen she asks for the declaration of his absence8
(') (n case of civil interdiction of the h"sband.
The co"rts !ay also confer the ad!inistration to the
wife& with s"ch li!itation as they !ay dee! advisable&
if the h"sband sho"ld beco!e a f"itive fro! ."stice
or be in hidin as a defendant in a cri!inal case& or if&
bein absol"tely "nable to ad!inister& he sho"ld have
failed to provide for ad!inistration. (1**1a)
Art. 15/. The wife to who! the ad!inistration of all
the property of the !arriae is transferred shall have&
with respect to said property& the sa!e powers and
responsibility which the h"sband has when he is the
ad!inistrator& b"t always s"b.ect to the provisions of
the last pararaph of the precedin article. (1**2a)

CHAPTER 6
SYSTEM OF ABSOLUTE COMMUNITY (n)

Art. 153. (n case the f"t"re spo"ses aree in the
!arriae settle!ents that the syste! of absol"te
co!!"nity shall overn their property relations d"rin
!arriae& the followin provisions shall be of
s"pple!entary application.
Art. 155. (n the absence of stip"lation to the contrary&
the co!!"nity shall consist of all present and f"t"re
property of the spo"ses not e)cepted by law.
Art. 277. 6either spo"se !ay reno"nce any
inheritance witho"t the consent of the other. (n case
of conflict& the co"rt shall decide the 0"estion& after
cons"ltin the fa!ily co"ncil& if there is any.
Art. 271. The followin shall be e)cl"ded fro! the
co!!"nity<
(1) Property ac0"ired by rat"ito"s title by either
spo"se& when it is provided by the donor or testator
that it shall not beco!e a part of the co!!"nity8
(2) Property inherited by either h"sband or wife
thro"h the death of a child by a for!er !arriae&
there bein brothers or sisters of the f"ll blood of the
deceased child8
(') A portion of the property of either spo"se
e0"ivalent to the pres"!ptive leiti!e of the children
by a for!er !arriae8
(*) Personal belonins of either spo"se.
9owever& all the fr"its and inco!e of the foreoin
classes of property shall be incl"ded in the
co!!"nity.
Art. 272. Ante1n"ptial debts of either spo"se shall not
be paid fro! the co!!"nity& "nless the sa!e have
redo"nded to the benefit of the fa!ily.
Art. 27'. Debts contracted by both spo"ses or by one
of the! with the consent of the other shall be paid
fro! the co!!"nity. (f the co!!on property is
ins"fficient to cover co!!on debts& the sa!e !ay be
enforced aainst the separate property of the
spo"ses& who shall be e0"ally liable.
Art. 27*. Debts contracted by either spo"se witho"t
the consent of the other shall be chareable aainst
the co!!"nity to the e)tent that the fa!ily !ay have
been benefited thereby.
Art. 27+. (nde!nities that !"st be paid by either
spo"se on acco"nt of a cri!e or of a 0"asi1delict shall
be paid fro! the co!!on assets& witho"t any
obliation to !ake rei!b"rse!ent.
Art. 27,. The ownership& ad!inistration& possession
and en.oy!ent of the co!!on property belon to
both spo"ses .ointly. (n case of disaree!ent& the
co"rts shall settle the diffic"lty.
Art. 27/. 6either spo"se !ay alienate or enc"!ber
any co!!on property witho"t the consent of the
other. (n case of "n."stifiable ref"sal by the other
spo"se& the co"rts !ay rant the necessary consent.
Art. 273. The absol"te co!!"nity of property shall be
dissolved on any of the ro"nds specified in Article
1/+.
Art. 275. 2hen there is a separation in fact between
h"sband and wife& witho"t ."dicial approval& the
provisions of Article 1/3 shall apply.
Art. 217. ?pon the dissol"tion and li0"idation of the
co!!"nity& the net assets shall be divided e0"ally
between the h"sband and the wife or their heirs. (n
case of leal separation or ann"l!ent of !arriae& the
provisions of Articles 1/, and 1// shall apply to the
net profits ac0"ired d"rin the !arriae.
Art. 211. Li0"idation of the absol"te co!!"nity shall
be overned by the -"les of Co"rt on the
ad!inistration of the estate of deceased persons.

CHAPTER *
SYSTEM OF COMPLETE SEPARATION OF
PROPERTY (n)

Art. 212. @ho"ld the f"t"re spo"ses aree in the
!arriae settle!ents that their property relations
d"rin !arriae shall be based "pon the syste! of
co!plete separation of property& the followin
provisions shall s"pple!ent the !arriae settle!ents.
Art. 21'. @eparation of property !ay refer to present
or f"t"re property or both. (t !ay be total or partial. (n
the latter case& the property not areed "pon as
separate shall pertain to the con."al partnership of
ains.
Art. 21*. :ach spo"se shall own& dispose of& possess&
ad!inister and en.oy his or her own separate estate&
witho"t the consent of the other. All earnins fro! any
profession& b"siness or ind"stry shall likewise belon
to each spo"se.
Art. 21+. :ach spo"se shall proportionately bear the
fa!ily e)penses.

Ti!" VII. # THE FAMILY (n)
CHAPTER $
THE FAMILY AS AN INSTITUTION

Art. 21,. The fa!ily is a basic social instit"tion which
p"blic policy cherishes and protects.
Art. 21/. Aa!ily relations shall incl"de those<
(1) Between h"sband and wife8
(2) Between parent and child8
(') A!on other ascendants and their descendants8
(*) A!on brothers and sisters.
Art. 213. The law overns fa!ily relations. 6o c"sto!&
practice or aree!ent which is destr"ctive of the
fa!ily shall be reconi%ed or iven any effect.
Art. 215. ="t"al aid& both !oral and !aterial& shall be
rendered a!on !e!bers of the sa!e fa!ily.
4"dicial and ad!inistrative officials shall foster this
!"t"al assistance.
Art. 227. (n case of do"bt& all pres"!ptions favor the
solidarity of the fa!ily. Th"s& every intend!ent of law
or facts leans toward the validity of !arriae& the
indissol"bility of the !arriae bonds& the leiti!acy of
children& the co!!"nity of property d"rin !arriae&
the a"thority of parents over their children& and the
validity of defense for any !e!ber of the fa!ily in
case of "nlawf"l aression.
Art. 221. The followin shall be void and of no effect<
(1) Any contract for personal separation between
h"sband and wife8
(2) :very e)tra1."dicial aree!ent& d"rin !arriae&
for the dissol"tion of the con."al partnership of ains
or of the absol"te co!!"nity of property between
h"sband and wife8
(') :very coll"sion to obtain a decree of leal
separation& or of ann"l!ent of !arriae8
(*) Any si!"lated alienation of property with intent to
deprive the co!p"lsory heirs of their leiti!e.
Art. 222. 6o s"it shall be filed or !aintained between
!e!bers of the sa!e fa!ily "nless it sho"ld appear
that earnest efforts toward a co!pro!ise have been
!ade& b"t that the sa!e have failed& s"b.ect to the
li!itations in Article 27'+.

CHAPTER 2
THE FAMILY HOME (n)

@:CT(#6 1. 1 $eneral Provisions

Art. 22'. The fa!ily ho!e is the dwellin ho"se
where a person and his fa!ily reside& and the land on
which it is sit"ated. (f constit"ted as herein provided&
the fa!ily ho!e shall be e)e!pt fro! e)ec"tion&
forced sale or attach!ent& e)cept as provided in
Articles 2'2 and 2*'.
Art. 22*. The fa!ily ho!e !ay be established
."dicially or e)tra."dicially.

@:CT(#6 2. 1 4"dicial Constit"tion of the Aa!ily
9o!e

Art. 22+. The fa!ily ho!e !ay be constit"ted by a
verified petition to the Co"rt of Airst (nstance by the
owner of the property& and by approval thereof by the
co"rt.
Art. 22,. The followin shall be beneficiaries of the
fa!ily ho!e<
(1) The person establishin the sa!e8
(2) 9is or her spo"se8
(') 9is or her parents& ascendants& descendants&
brothers and sisters& whether the relationship be
leiti!ate or otherwise& who are livin in the fa!ily
ho!e and who depend "pon hi! for s"pport.
Art. 22/. The fa!ily ho!e !ay also be set "p by an
"n!arried person who is the head of a fa!ily or
ho"sehold.
Art. 223. (f the petitioner is !arried& the fa!ily ho!e
!ay be selected fro! the con."al partnership or
co!!"nity property& or fro! the separate property of
the h"sband& or& with the consent of the wife& fro! her
paraphernal property.
Art. 225. The petition shall contain the followin
partic"lars<
(1) Description of the property8
(2) An esti!ate of its act"al val"e8
(') A state!ent that the petitioner is act"ally residin
in the pre!ises8
(*) The enc"!brances thereon8
(+) The na!es and addresses of all the creditors of
the petitioner and of all !ortaees and other
persons who have an interest in the property8
(,) The na!es of the other beneficiaries specified in
Article 22,.
Art. 2'7. Creditors& !ortaees and all other persons
who have an interest in the estate shall be notified of
the petition& and iven an opport"nity to present their
ob.ections thereto. The petition shall& !oreover& be
p"blished once a week for three consec"tive weeks in
a newspaper of eneral circ"lation.
Art. 2'1. (f the co"rt finds that the act"al val"e of the
proposed fa!ily ho!e does not e)ceed twenty
tho"sand pesos& or thirty tho"sand pesos in chartered
cities& and that no third person is pre."diced& the
petition shall be approved. @ho"ld any creditor whose
clai! is "nsec"red& oppose the establish!ent of the
fa!ily ho!e& the co"rt shall rant the petition if the
debtor ives s"fficient sec"rity for the debt.
Art. 2'2. The fa!ily ho!e& after its creation by virt"e
of ."dicial approval& shall be e)e!pt fro! e)ec"tion&
forced sale& or attach!ent& e)cept<
(1) Aor nonpay!ent of ta)es8 or
(2) (n satisfaction of a ."d!ent on a debt sec"red by
a !ortae constit"ted on the i!!ovable before or
after the establish!ent of the fa!ily ho!e.
(n case of insolvency of the person constit"tin the
fa!ily ho!e& the property shall not be considered one
of the assets to be taken possession of by the
assinee for the benefit of creditors.
Art. 2''. The order of the co"rt approvin the
establish!ent of the fa!ily ho!e shall be recorded in
the -eistry of Property.
Art. 2'*. 2hen there is daner that a person oblied
to ive s"pport !ay lose his or her fort"ne beca"se of
rave !is!anae!ent or on acco"nt of rioto"s livin&
his or her spo"se& if any& and a !a.ority of those
entitled to be s"pported by hi! or by her !ay petition
the Co"rt of Airst (nstance for the creation of the
fa!ily ho!e.
Art. 2'+. The fa!ily ho!e !ay be sold& alienated or
enc"!bered by the person who has constit"ted the
sa!e& with the consent of his or her spo"se& and with
the approval of the co"rt. 9owever& the fa!ily ho!e
shall "nder no circ"!stances be donated as lon as
there are beneficiaries. (n case of sale& the price or
s"ch portion thereof as !ay be deter!ined by the
co"rt shall be "sed in ac0"irin property which shall
be for!ed into a new fa!ily ho!e. Any s"! of !oney
obtained thro"h an enc"!brance on the fa!ily ho!e
shall be "sed in the interest of the beneficiaries. The
co"rt shall take !eas"res to i!ple!ent the last two
provisions.
Art. 2',. The fa!ily ho!e !ay be dissolved "pon the
petition of the person who has constit"ted the sa!e&
with the written consent of his or her spo"se and of at
least one half of all the other beneficiaries who are
eihteen years of ae or over. The co"rt !ay rant
the petition if it is satisfactorily shown that the best
interest of the fa!ily re0"ires the dissol"tion of the
fa!ily ho!e.
Art. 2'/. (n case of leal separation or ann"l!ent of
!arriae& the fa!ily ho!e shall be dissolved& and the
property shall cease to be e)e!pt fro! e)ec"tion&
forced sale or attach!ent.
Art. 2'3. ?pon the death of the person who has set
"p the fa!ily ho!e& the sa!e shall contin"e& "nless
he desired otherwise in his will. The heirs cannot ask
for its partition d"rin the first ten years followin the
death of the person constit"tin the sa!e& "nless the
co"rt finds powerf"l reasons therefor.
Art. 2'5. The fa!ily ho!e shall not be s"b.ect to
pay!ent of the debts of the deceased& "nless in his
will the contrary is stated. 9owever& the clai!s
!entioned in Article 2'2 shall not be adversely
affected by the death of the person who has
established the fa!ily ho!e.

@:CT(#6 '. 1 :)tra1."dicial Creation of the Aa!ily
9o!e

Art. 2*7. The fa!ily ho!e !ay be e)tra."dicially
constit"ted by recordin in the -eistry of Property a
p"blic instr"!ent wherein a person declares that he
thereby establishes a fa!ily ho!e o"t of a dwellin
place with the land on which it is sit"ated.
Art. 2*1. The declaration settin "p the fa!ily ho!e
shall be "nder oath and shall contain<
(1) A state!ent that the clai!ant is the owner of& and
is act"ally residin in the pre!ises8
(2) A description of the property8
(') An esti!ate of its act"al val"e8 and
(*) The na!es of the clai!ant;s spo"se and the other
beneficiaries !entioned in Article 22,.
Art. 2*2. The recordin in the -eistry of Property of
the declaration referred to in the two precedin
articles is the operative act which creates the fa!ily
ho!e.
Art. 2*'. The fa!ily ho!e e)tra."dicially for!ed shall
be e)e!pt fro! e)ec"tion& forced sale or attach!ent&
e)cept<
(1) Aor nonpay!ent of ta)es8
(2) Aor debts inc"rred before the declaration was
recorded in the -eistry of Property8
(') Aor debts sec"red by !ortaes on the pre!ises
before or after s"ch record of the declaration8
(*) Aor debts d"e to laborers& !echanics& architects&
b"ilders& !aterial1!en and others who have rendered
service or f"rnished !aterial for the prosec"tion of the
b"ildin.
Art. 2**. The provisions of Articles 22, to 223 and
2'+ to 2'3 are likewise applicable to fa!ily ho!es
e)tra."dicially established.
Art. 2*+. ?pon the death of the person who has
e)tra."dicially constit"ted the fa!ily ho!e& the
property shall not be liable for his debts other than
those !entioned in Article 2*'. 9owever& he !ay
provide in his will that the fa!ily ho!e shall be
s"b.ect to pay!ent of debts not specified in Article
2*'.
Art. 2*,. 6o declaration for the e)tra."dicial
establish!ent of the fa!ily ho!e shall be recorded in
the -eistry of Property if the esti!ated act"al val"e
of the b"ildin and the land e)ceeds the a!o"nt
stated in Article 2'1.
Art. 2*/. 2hen a creditor whose clai! is not
!entioned in Article 2*' obtains a ."d!ent in his
favor& and he has reasonable ro"nds to believe that
the fa!ily ho!e of the ."d!ent debtor is worth !ore
than the a!o"nt !entioned in Article 2'1& he !ay
apply to the Co"rt of Airst (nstance for an order
directin the sale of the property "nder e)ec"tion.
Art. 2*3. The hearin on the petition& appraisal of the
val"e of the fa!ily ho!e& the sale "nder e)ec"tion
and other !atters relative to the proceedins shall be
overned by s"ch provisions in the -"les of Co"rt as
the @"pre!e Co"rt shall pro!"late on the s"b.ect&
provided they are not inconsistent with this Code.
Art. 2*5. At the sale "nder e)ec"tion referred to in the
two precedin articles& no bid shall be considered
"nless it e)ceeds the a!o"nt specified in Article 2'1.
The proceeds of the sale shall be applied in the
followin order<
(1) To the a!o"nt !entioned in Article 2'18
(2) To the ."d!ent and the costs.
The e)cess& if any& belons to the person constit"tin
the fa!ily ho!e.
Art. 2+7. The a!o"nt !entioned in Article 2'1 th"s
received by the person who has established the
fa!ily ho!e& or as !"ch thereof as the co"rt !ay
deter!ine& shall be invested in constit"tion of a new
fa!ily ho!e. The co"rt shall take !eas"res to
enforce this provision.
Art. 2+1. (n case of insolvency of the person creatin
the fa!ily ho!e& the clai!s specified in Article 2*'
!ay be satisfied notwithstandin the insolvency
proceedins.
(f the assinee has reasonable ro"nds to believe
that the act"al val"e of the fa!ily ho!e e)ceeds the
a!o"nt fi)ed in Article 2'1& he !ay take action "nder
the provisions of Articles 2*/& 2*3 and 2*5.

C9APT:- '
T9: AA=(LF C#?6C(L (n)

Art. 2+2. The Co"rt of Airst (nstance !ay& "pon
application of any !e!ber of the fa!ily& a relative& or
a friend& appoint a fa!ily co"ncil& whose d"ty it shall
be to advise the co"rt& the spo"ses& the parents&
"ardians and the fa!ily on i!portant fa!ily
0"estions.
Art. 2+'. The fa!ily co"ncil shall be co!posed of five
!e!bers& who shall be relatives of the parties
concerned. B"t the co"rt !ay appoint one or two
friends of the fa!ily.
Art. 2+*. The fa!ily co"ncil shall elect its chair!an&
and shall !eet at the call of the latter or "pon order of
the co"rt.

Title >(((. 1 PAT:-6(TF A6D A(L(AT(#6

C9APT:- 1
L:$(T(=AT: C9(LD-:6

Art. 2++. Children born after one h"ndred and eihty
days followin the celebration of the !arriae& and
before three h"ndred days followin its dissol"tion or
the separation of the spo"ses shall be pres"!ed to
be leiti!ate.
Aainst this pres"!ption no evidence shall be
ad!itted other than that of the physical i!possibility
of the h"sband;s havin access to his wife within the
first one h"ndred and twenty days of three h"ndred
which preceded the birth of the child.
This physical i!possibility !ay be ca"sed<
(1) By the i!potence of the h"sband8
(2) By the fact that the h"sband and wife were livin
separately& in s"ch a way that access was not
possible8
(') By the serio"s illness of the h"sband. (173a)
Art. 2+,. The child shall be pres"!ed leiti!ate&
altho"h the !other !ay have declared aainst its
leiti!acy or !ay have been sentenced as an
ad"lteress. (175)
Art. 2+/. @ho"ld the wife co!!it ad"ltery at or abo"t
the ti!e of the conception of the child& b"t there was
no physical i!possibility of access between her and
her h"sband as set forth in Article 2++& the child is
pri!a facie pres"!ed to be illeiti!ate if it appears
hihly i!probable& for ethnic reasons& that the child is
that of the h"sband. Aor the p"rposes of this article&
the wife;s ad"ltery need not be proved in a cri!inal
case. (n)
Art. 2+3. A child born within one h"ndred eihty days
followin the celebration of the !arriae is pri!a facie
pres"!ed to be leiti!ate. @"ch a child is
concl"sively pres"!ed to be leiti!ate in any of these
cases<
(1) (f the h"sband& before the !arriae& knew of the
prenancy of the wife8
(2) (f he consented& bein present& to the p"ttin of his
s"rna!e on the record of birth of the child8
(') (f he e)pressly or tacitly reconi%ed the child as
his own. (117a)
Art. 2+5. (f the !arriae is dissolved by the death of
the h"sband& and the !other contracted another
!arriae within three h"ndred days followin s"ch
death& these r"les shall overn<
(1) A child born before one h"ndred eihty days after
the sole!ni%ation of the s"bse0"ent !arriae is
disp"tably pres"!ed to have been conceived d"rin
the for!er !arriae& provided it be born within three
h"ndred days after the death of the for!er h"sband<
(2) A child born after one h"ndred eihty days
followin the celebration of the s"bse0"ent !arriae
is pri!a facie pres"!ed to have been conceived
d"rin s"ch !arriae& even tho"h it be born within
the three h"ndred days after the death of the for!er
h"sband. (n)
Art. 2,7. (f after a ."d!ent ann"llin a !arriae& the
for!er wife sho"ld believe herself to be prenant by
the for!er h"sband& she shall& within thirty days fro!
the ti!e she beca!e aware of her prenancy& notify
the for!er h"sband or his heirs of that fact. 9e or his
heirs !ay ask the co"rt to take !eas"res to prevent a
si!"lation of birth.
The sa!e obliation shall devolve "pon a widow who
believes herself to have been left prenant by the
deceased h"sband& or "pon the wife who believes
herself to be prenant by her h"sband fro! who!
she has been leally separated. (n)
Art. 2,1. There is no pres"!ption of leiti!acy or
illeiti!acy of a child born after three h"ndred days
followin the dissol"tion of the !arriae or the
separation of the spo"ses. 2hoever allees the
leiti!acy or the illeiti!acy of s"ch child !"st prove
his alleation. (n)
Art. 2,2. The heirs of the h"sband !ay i!p"n the
leiti!acy of the child only in the followin cases<
(1) (f the h"sband sho"ld die before the e)piration of
the period fi)ed for brinin his action8
(2) (f he sho"ld die after the filin of the co!plaint&
witho"t havin desisted fro! the sa!e8
(') (f the child was born after the death of the
h"sband. (112)
Art. 2,'. The action to i!p"n the leiti!acy of the
child shall be bro"ht within one year fro! the
recordin of the birth in the Civil -eister& if the
h"sband sho"ld be in the sa!e place& or in a proper
case& any of his heirs.
(f he or his heirs are absent& the period shall be
eihteen !onths if they sho"ld reside in the
Philippines8 and two years if abroad. (f the birth of the
child has been concealed& the ter! shall be co"nted
fro! the discovery of the fra"d. (11'a)
Art. 2,*. Leiti!ate children shall have the riht<
(1) To bear the s"rna!es of the father and of the
!other8
(2) To receive s"pport fro! the!& fro! their
ascendants and in a proper case& fro! their brothers
and sisters& in confor!ity with Article 2518
(') To the leiti!e and other s"ccessional rihts
which this Code reconi%es in their favor. (11*)
C9APT:- 2
P-##A #A A(L(AT(#6 #A L:$(T(=AT: C9(LD-:6

Art. 2,+. The filiation of leiti!ate children is proved
by the record of birth appearin in the Civil -eister&
or by an a"thentic doc"!ent or a final ."d!ent.
(11+)
Art. 2,,. (n the absence of the titles indicated in the
precedin article& the filiation shall be proved by the
contin"o"s possession of stat"s of a leiti!ate child.
(11,)
Art. 2,/. (n the absence of a record of birth& a"thentic
doc"!ent& final ."d!ent or possession of stat"s&
leiti!ate filiation !ay be proved by any other !eans
allowed by the -"les of Co"rt and special laws.
(11/a)
Art. 2,3. The action to clai! his leiti!acy !ay be
bro"ht by the child d"rin all his lifeti!e& and shall
be trans!itted to his heirs if he sho"ld die d"rin his
!inority or in a state of insanity. (n these cases the
heirs shall have a period of five years within which to
instit"te the action.
The action already co!!enced by the child is
trans!itted "pon his death to the heirs& if the
proceedin has not yet lapsed. (113)

C9APT:- '
L:$(T(=AT:D C9(LD-:6

Art. 2,5. #nly nat"ral children can be leiti!ated.
Children born o"tside wedlock of parents who& at the
ti!e of the conception of the for!er& were not
dis0"alified by any i!pedi!ent to !arry each other&
are nat"ral. (115a)
Art. 2/7. Leiti!ation shall take place by the
s"bse0"ent !arriae between the parents. (127a)
Art. 2/1. #nly nat"ral children who have been
reconi%ed by the parents before or after the
celebration of the !arriae& or have been declared
nat"ral children by final ."d!ent& !ay be considered
leiti!ated by s"bse0"ent !arriae.
(f a nat"ral child is reconi%ed or ."dicially declared as
nat"ral& s"ch reconition or declaration shall e)tend to
his or her brothers or sisters of the f"ll blood<
Provided& That the consent of the latter shall be
i!plied if they do not i!p"n the reconition within
fo"r years fro! the ti!e of s"ch reconition& or in
case they are !inors& within fo"r years followin the
attain!ent of !a.ority. (121a)
Art. 2/2. Children who are leiti!ated by s"bse0"ent
!arriae shall en.oy the sa!e rihts as leiti!ate
children. (122)
Art. 2/'. Leiti!ation shall take effect fro! the ti!e of
the child;s birth. (12'a)
Art. 2/*. The leiti!ation of children who died before
the celebration of the !arriae shall benefit their
descendants. (12*)
Art. 2/+. Leiti!ation !ay be i!p"ned by those who
are pre."diced in their rihts& when it takes place in
favor of those who do not have the leal condition of
nat"ral children or when the re0"isites laid down in
this Chapter are not co!plied with. (123a)

C9APT:- *
(LL:$(T(=AT: C9(LD-:6

@:CT(#6 1. 1 -econition of 6at"ral Children

Art. 2/,. A nat"ral child !ay be reconi%ed by the
father and !other .ointly& or by only one of the!.
(125)
Art. 2//. (n case the reconition is !ade by only one
of the parents& it shall be pres"!ed that the child is
nat"ral& if the parent reconi%in it had leal capacity
to contract !arriae at the ti!e of the conception.
(1'7)
Art. 2/3. -econition shall be !ade in the record of
birth& a will& a state!ent before a co"rt of record& or in
any a"thentic writin. (1'1a)
Art. 2/5. A !inor who !ay not contract !arriae
witho"t parental consent cannot acknowlede a
nat"ral child& "nless the parent or "ardian approves
the acknowled!ent or "nless the reconition is
!ade in a will. (n)
Art. 237. 2hen the father or the !other !akes the
reconition separately& he or she shall not reveal the
na!e of the person with who! he or she had the
child8 neither shall he or she state any circ"!stance
whereby the other parent !ay be identified. (1'2a)
Art. 231. A child who is of ae cannot be reconi%ed
witho"t his consent.
2hen the reconition of a !inor does not take place
in a record of birth or in a will& ."dicial approval shall
be necessary.
A !inor can in any case i!p"n the reconition within
fo"r years followin the attain!ent of his !a.ority.
(1''a)
Art. 232. A reconi%ed nat"ral child has the riht<
(1) To bear the s"rna!e of the parent reconi%in
hi!<
(2) To receive s"pport fro! s"ch parent& in confor!ity
with article 2518
(') To receive& in a proper case& the hereditary portion
which is deter!ined in this Code. (1'*)
Art. 23'. (n any of the followin cases& the father is
oblied to reconi%e the child as his nat"ral child<
(1) (n cases of rape& abd"ction or sed"ction& when the
period of the offense coincides !ore or less with that
of the conception8
(2) 2hen the child is in contin"o"s possession of
stat"s of a child of the alleed father by the direct acts
of the latter or of his fa!ily8
(') 2hen the child was conceived d"rin the ti!e
when the !other cohabited with the s"pposed father8
(*) 2hen the child has in his favor any evidence or
proof that the defendant is his father. (n)
Art. 23*. The !other is oblied to reconi%e her
nat"ral child<
(1) (n any of the cases referred to in the precedin
article& as between the child and the !other8
(2) 2hen the birth and the identity of the child are
clearly proved. (1',a)
Art. 23+. The action for the reconition of nat"ral
children !ay be bro"ht only d"rin the lifeti!e of the
pres"!ed parents& e)cept in the followin cases<
(1) (f the father or !other died d"rin the !inority of
the child& in which case the latter !ay file the action
before the e)piration of fo"r years fro! the attain!ent
of his !a.ority8
(2) (f after the death of the father or of the !other a
doc"!ent sho"ld appear of which nothin had been
heard and in which either or both parents reconi%e
the child.
(n this case& the action !"st be co!!enced within
fo"r years fro! the findin of the doc"!ent. (1'/a)
Art. 23,. The reconition !ade in favor of a child who
does not possess all the conditions stated in Article
2,5& or in which the re0"ire!ents of the law have not
been f"lfilled& !ay be i!p"ned by those who are
pre."diced by s"ch reconition. (1'/)

@:CT(#6 2. 1 #ther (lleiti!ate Children

Art. 23/. (lleiti!ate children other than nat"ral in
accordance with Article 2,5 and other than nat"ral
children by leal fiction are entitled to s"pport and
s"ch s"ccessional rihts as are ranted in this Code.
(n)
Art. 233. =inor children !entioned in the precedin
article are "nder the parental a"thority of the !other.
(n)
Art. 235. (nvestiation of the paternity or !aternity of
children !entioned in the two precedin articles is
per!itted "nder the circ"!stances specified in
Articles 23' and 23*. (n)

Title (G. 1 @?PP#-T

Art. 257. @"pport is everythin that is indispensable
for s"stenance& dwellin& clothin and !edical
attendance& accordin to the social position of the
fa!ily.
@"pport also incl"des the ed"cation of the person
entitled to be s"pported "ntil he co!pletes his
ed"cation or trainin for so!e profession& trade or
vocation& even beyond the ae of !a.ority. (12*a)
Art. 251. The followin are oblied to s"pport each
other to the whole e)tent set forth in the precedin
article<
(1) The spo"ses8
(2) Leiti!ate ascendants and descendants8
(') Parents and acknowleded nat"ral children and
the leiti!ate or illeiti!ate descendants of the latter8
(*) Parents and nat"ral children by leal fiction and
the leiti!ate and illeiti!ate descendants of the
latter8
(+) Parents and illeiti!ate children who are not
nat"ral.
Brothers and sisters owe their leiti!ate and nat"ral
brothers and sisters& altho"h they are only of the
half1blood& the necessaries for life& when by a physical
or !ental defect& or any other ca"se not i!p"table to
the recipients& the latter cannot sec"re their
s"bsistence. This assistance incl"des& in a proper
case& e)penses necessary for ele!entary ed"cation
and for professional or vocational trainin. (1*'a)
Art. 252. D"rin the proceedins for leal separation&
or for ann"l!ent of !arriae& the spo"ses and
children& shall be s"pported fro! the con."al
partnership property. After the final ."d!ent of leal
separation& or of ann"l!ent of !arriae& the
obliation of !"t"al s"pport between the spo"ses
ceases. 9owever& in case of leal separation& the
co"rt !ay order that the "ilty spo"se shall ive
s"pport to the innocent one& the ."d!ent specifyin
the ter!s of s"ch order. (n)
Art. 25'. (n an action for leal separation or
ann"l!ent of !arriae& attorney;s fees and e)penses
for litiation shall be chared to the con."al
partnership property& "nless the action fails. (n)
Art. 25*. The clai! for s"pport& when proper and two
or !ore persons are oblied to ive it& shall be !ade
in the followin order<
(1) Aro! the spo"se8
(2) Aro! the descendants of the nearest deree8
(') Aro! the ascendants& also of the nearest deree8
(*) Aro! the brothers and sisters.
A!on descendants and ascendants the order in
which they are called to the intestate s"ccession of
the person who has a riht to clai! s"pport shall be
observed. (1**)
Art. 25+. 2hen the obliation to ive s"pport falls
"pon two or !ore persons& the pay!ent of the sa!e
shall be divided between the! in proportion to the
reso"rces of each.
9owever& in case of "rent need and by special
circ"!stances& the ."de !ay order only one of the!
to f"rnish the s"pport provisionally& witho"t pre."dice
to his riht to clai! fro! the other obliors the share
d"e fro! the!.
2hen two or !ore recipients at the sa!e ti!e clai!
s"pport fro! one and the sa!e person leally oblied
to ive it& and the latter sho"ld not have s"fficient
!eans to satisfy all& the order established in the
precedin article shall be followed& "nless the
conc"rrent obliees sho"ld be the spo"se and a child
s"b.ect to parental a"thority& in which case the latter
shall be preferred. (1*+)
Art. 25,. The a!o"nt of s"pport& in the cases referred
to in the five n"!bers of article 251& shall be in
proportion to the reso"rces or !eans of the iver and
to the necessities of the recipient. (1*,a)
Art. 25/. @"pport in the cases referred to in the
precedin article shall be red"ced or increased
proportionately& accordin to the red"ction or increase
of the needs of the recipient and the reso"rces of the
person oblied to f"rnish the sa!e. (1*/)
Art. 253. The obliation to ive s"pport shall be
de!andable fro! the ti!e the person who has a riht
to receive the sa!e needs it for !aintenance& b"t it
shall not be paid e)cept fro! the date it is
e)tra."dicially de!anded.
Pay!ent shall be !ade !onthly in advance& and
when the recipient dies& his heirs shall not be oblied
to ret"rn what he has received in advance. (1*3a)
Art. 255. The person oblied to ive s"pport !ay& at
his option& f"lfill his obliation either by payin the
allowance fi)ed& or by receivin and !aintainin in his
ho"se the person who has a riht to receive s"pport.
The latter alternative cannot be availed of in case
there is a !oral or leal obstacle thereto. (1*5a)
Art. '77. The obliation to f"rnish s"pport ceases
"pon the death of the oblior& even if he !ay be
bo"nd to ive it in co!pliance with a final ."d!ent.
(1+7)
Art. '71. The riht to receive s"pport cannot be
reno"nced8 nor can it be trans!itted to a third person.
6either can it be co!pensated with what the recipient
owes the oblior.
9owever& s"pport in arrears !ay be co!pensated
and reno"nced& and the riht to de!and the sa!e
!ay be trans!itted by onero"s or rat"ito"s title.
(1+1)
Art. '72. 6either the riht to receive leal s"pport nor
any !oney or property obtained as s"ch s"pport or
any pension or rat"ity fro! the overn!ent is
s"b.ect to attach!ent or e)ec"tion. (n)
Art. '7'. The obliation to ive s"pport shall also
cease<
(1) ?pon the death of the recipient8
(2) 2hen the reso"rces of the oblior have been
red"ced to the point where he cannot ive the s"pport
witho"t nelectin his own needs and those of his
fa!ily8
(') 2hen the recipient !ay enae in a trade&
profession& or ind"stry& or has obtained work& or has
i!proved his fort"ne in s"ch a way that he no loner
needs the allowance for his s"bsistence8
(*) 2hen the recipient& be he a forced heir or not& has
co!!itted so!e act which ives rise to
disinheritance8
(+) 2hen the recipient is a descendant& brother or
sister of the oblior and the need for s"pport is
ca"sed by his or her bad cond"ct or by the lack of
application to work& so lon as this ca"se s"bsists.
(1+2a)
Art. '7*. The foreoin provisions shall be applicable
to other cases where& in virt"e of this Code or of any
other law& by will& or by stip"lation there is a riht to
receive s"pport& save what is stip"lated& ordered by
the testator or provided by law for the special case.
(1+'a)

Title G. 1 A?6:-AL@ (n)

Art. '7+. The d"ty and the riht to !ake
arrane!ents for the f"neral of a relative shall be in
accordance with the order established for s"pport&
"nder Article 25*. (n case of descendants of the sa!e
deree& or of brothers and sisters& the oldest shall be
preferred. (n case of ascendants& the paternal shall
have a better riht.
Art. '7,. :very f"neral shall be in keepin with the
social position of the deceased.
Art. '7/. The f"neral shall be in accordance with the
e)pressed wishes of the deceased. (n the absence of
s"ch e)pression& his reliio"s beliefs or affiliation shall
deter!ine the f"neral rites. (n case of do"bt& the for!
of the f"neral shall be decided "pon by the person
oblied to !ake arrane!ents for the sa!e& after
cons"ltin the other !e!bers of the fa!ily.
Art. '73. 6o h"!an re!ains shall be retained&
interred& disposed of or e)h"!ed witho"t the consent
of the persons !entioned in articles 25* and '7+.
Art. '75. Any person who shows disrespect to the
dead& or wronf"lly interferes with a f"neral shall be
liable to the fa!ily of the deceased for da!aes&
!aterial and !oral.
Art. '17. The constr"ction of a to!bstone or
!a"sole"! shall be dee!ed a part of the f"neral
e)penses& and shall be chareable to the con."al
partnership property& if the deceased is one of the
spo"ses.

Title G(. 1 PA-:6TAL A?T9#-(TF

C9APT:- 1
$:6:-AL P-#>(@(#6@

Art. '11. The father and !other .ointly e)ercise
parental a"thority over their leiti!ate children who
are not e!ancipated. (n case of disaree!ent& the
father;s decision shall prevail& "nless there is a ."dicial
order to the contrary.
Children are oblied to obey their parents so lon as
they are "nder parental power& and to observe
respect and reverence toward the! always.
-econi%ed nat"ral and adopted children who are
"nder the ae of !a.ority are "nder the parental
a"thority of the father or !other reconi%in or
adoptin the!& and are "nder the sa!e obliation
stated in the precedin pararaph.
6at"ral children by leal fiction are "nder the .oint
a"thority of the father and !other& as provided in the
first pararaph of this article. (1+*a)
Art. '12. $randparents shall be cons"lted by all
!e!bers of the fa!ily on all i!portant fa!ily
0"estions. (n)
Art. '1'. Parental a"thority cannot be reno"nced or
transferred& e)cept in cases of "ardianship or
adoption approved by the co"rts& or e!ancipation by
concession.
The co"rts !ay& in cases specified by law& deprive
parents of their a"thority. (n)
Art. '1*. A fo"ndlin shall be "nder the parental
a"thority of the person or instit"tion that has reared
the sa!e. (n)
Art. '1+. 6o descendant can be co!pelled& in a
cri!inal case& to testify aainst his parents and
ascendants. (n)

C9APT:- 2
:AA:CT #A PA-:6TAL A?T9#-(TF
?P#6 T9: P:-@#6@ #A T9: C9(LD-:6

Art. '1,. The father and the !other have& with respect
to their "ne!ancipated children<
(1) The d"ty to s"pport the!& to have the! in their
co!pany& ed"cate and instr"ct the! in keepin with
their !eans and to represent the! in all actions which
!ay redo"nd to their benefit8
(2) The power to correct the! and to p"nish the!
!oderately. (1++)
Art. '1/. The co"rts !ay appoint a "ardian of the
child; s property& or a "ardian ad lite! when the best
interest of the child so re0"ires. (n)
Art. '13. ?pon ca"se bein shown by the parents& the
local !ayor !ay aid the! in the e)ercise of their
a"thority over the child. (f the child is to be kept in a
children;s ho!e or si!ilar instit"tion for not !ore than
one !onth& an order of the ."stice of the peace or
!"nicipal ."de shall be necessary& after d"e hearin&
where the child shall be heard. Aor his p"rpose& the
co"rt !ay appoint a "ardian ad lite!. (1+,a)
Art. '15. The father and the !other shall satisfy the
s"pport for the detained child8 b"t they shall not have
any intervention in the rei!e of the instit"tion where
the child is detained. They !ay lift the detention when
they dee! it opport"ne& with the approval of the co"rt.
(1+3a)

C9APT:- '
:AA:CT #A PA-:6TAL A?T9#-(TF
#6 T9: P-#P:-TF #A T9: C9(LD-:6

Art. '27. The father& or in his absence the !other& is
the leal ad!inistrator of the property pertainin to
the child "nder parental a"thority. (f the property is
worth !ore than two tho"sand pesos& the father or
!other shall ive a bond s"b.ect to the approval of
the Co"rt of Airst (nstance. (1+5a)
Art. '21. The property which the "ne!ancipated child
has ac0"ired or !ay ac0"ire with his work or ind"stry&
or by any l"crative title& belons to the child in
ownership& and in "s"fr"ct to the father or !other
"nder who! he is "nder parental a"thority and in
whose co!pany he lives8 b"t if the child& with the
parent;s consent& sho"ld live independently fro!
the!& he shall be considered as e!ancipated for all
p"rposes relative to said property& and he shall have
over it do!inion& "s"fr"ct and ad!inistration. (1,7)
Art. '22. A child who earns !oney or ac0"ires
property with his own work or ind"stry shall be entitled
to a reasonable allowance fro! the earnins& in
addition to the e)penses !ade by the parents for his
s"pport and ed"cation. (n)
Art. '2'. The fr"its and interest of the child;s property
referred to in article '21 shall be applied first to the
e)penses for the s"pport and ed"cation of the child.
After they have been f"lly !et& the debts of the
con."al partnership which have redo"nded to the
benefit of the fa!ily !ay be paid fro! said fr"its and
interest. (n)
Art. '2*. 2hatever the child !ay ac0"ire with the
capital or property of the parents belons to the latter
in ownership and in "s"fr"ct. B"t if the parents sho"ld
e)pressly rant hi! all or part of the profits that he
!ay obtain& s"ch profits shall not be chared aainst
his leiti!e. (1,1)
Art. '2+. The property or inco!e donated&
be0"eathed or devised to the "ne!ancipated child for
the e)penses of his ed"cation and instr"ction shall
pertain to hi! in ownership and "s"fr"ct8 b"t the
father or !other shall ad!inister the sa!e& if in the
donation or testa!entary provision the contrary has
not been stated. (1,2)
Art. '2,. 2hen the property of the child is worth !ore
than two tho"sand pesos& the father or !other shall
be considered a "ardian of the child;s property&
s"b.ect to the d"ties and obliations of "ardians
"nder the -"les of Co"rt. (n)

C9APT:- *
:GT(6$?(@9=:6T #A PA-:6TAL A?T9#-(TF

Art. '2/. Parental a"thority ter!inates<
(1) ?pon the death of the parents or of the child8
(2) ?pon e!ancipation8
(') ?pon adoption of the child8
(*) ?pon the appoint!ent of a eneral "ardian.
(1,/a)
Art. '23. The !other who contracts a s"bse0"ent
!arriae loses the parental a"thority over her
children& "nless the deceased h"sband& father of the
latter& has e)pressly provided in his will that his widow
!iht !arry aain& and has ordered that in s"ch case
she sho"ld keep and e)ercise parental a"thority over
their children.
The co"rt !ay also appoint a "ardian of the child;s
property in case the father sho"ld contract a
s"bse0"ent !arriae. (1,3a)
Art. '25. 2hen the !other of an illeiti!ate child
!arries a !an other than its father& the co"rt !ay
appoint a "ardian for the child. (n)
Art. ''7. The father and in a proper case the !other&
shall lose a"thority over their children<
(1) 2hen by final ."d!ent in a cri!inal case the
penalty of deprivation of said a"thority is i!posed
"pon hi! or her8
(2) 2hen by a final ."d!ent in leal separation
proceedins s"ch loss of a"thority is declared. (1,5a)
Art. ''1. Parental a"thority is s"spended by the
incapacity or absence of the father& or in a proper
case of the !other& ."dicially declared& and also by
civil interdiction. (1/7)
Art. ''2. The co"rts !ay deprive the parents of their
a"thority or s"spend the e)ercise of the sa!e if they
sho"ld treat their children with e)cessive harshness
or sho"ld ive the! corr"ptin orders& co"nsels& or
e)a!ples& or sho"ld !ake the! be or abandon
the!. (n these cases& the co"rts !ay also deprive the
parents in whole or in part& of the "s"fr"ct over the
child;s property& or adopt s"ch !eas"res as they !ay
dee! advisable in the interest of the child. (1/1a)
Art. '''. (f the widowed !other who has contracted a
s"bse0"ent !arriae sho"ld aain beco!e a widow&
she shall recover fro! this !o!ent her parental
a"thority over all her "ne!ancipated children. (1/2)

C9APT:- +
AD#PT(#6

Art. ''*. :very person of ae& who is in f"ll
possession of his civil rihts& !ay adopt. (1/'a)
Art. ''+. The followin cannot adopt<
(1) Those who have leiti!ate& leiti!ated&
acknowleded nat"ral children& or nat"ral children by
leal fiction8
(2) The "ardian& with respect to the ward& before the
final approval of his acco"nts8
(') A !arried person& witho"t the consent of the other
spo"se8
(*) 6on1resident aliens8
(+) -esident aliens with whose overn!ent the
-ep"blic of the Philippines has broken diplo!atic
relations8
(,) Any person who has been convicted of a cri!e
involvin !oral t"rpit"de& when the penalty i!posed
was si) !onths; i!prison!ent or !ore. (1/*a)
Art. '',. The h"sband and wife !ay .ointly adopt.
Parental a"thority shall& in s"ch case& be e)ercised as
if the child were their own by nat"re. (n)
Art. ''/. Any person& even if of ae& !ay be adopted&
provided the adopter is si)teen years older. (1/'a)
Art. ''3. The followin !ay be adopted<
(1) The nat"ral child& by the nat"ral father or !other8
(2) #ther illeiti!ate children& by the father or !other8
(') A step1child& by the step1father or step1!other. (n)
Art. ''5. The followin cannot be adopted<
(1) A !arried person& witho"t the written consent of
the other spo"se8
(2) An alien with whose overn!ent the -ep"blic of
the Philippines has broken diplo!atic relations8
(') A person who has already been adopted. (n)
Art. '*7. The written consent of the followin to the
adoption shall be necessary<
(1) The person to be adopted& if fo"rteen years of ae
or over8
(2) The parents& "ardian or person in chare of the
person to be adopted. (n)
Art. '*1. The adoption shall<
(1) $ive to the adopted person the sa!e rihts and
d"ties as if he were a leiti!ate child of the adopter<
(2) Dissolve the a"thority vested in the parents by
nat"re8
(') =ake the adopted person a leal heir of the
adopter8
(*) :ntitle the adopted person to "se the adopter;s
s"rna!e. (n)
Art. '*2. The adopter shall not be a leal heir of the
adopted person& whose parents by nat"re shall inherit
fro! hi!. (1//a)
Art. '*'. (f the adopter is s"rvived by leiti!ate
parents or ascendants and by an adopted person& the
latter shall not have !ore s"ccessional rihts than an
acknowleded nat"ral child. (n)
Art. '**. The adopter !ay donate property& by an act
inter vivos or by will& to the adopted person& who shall
ac0"ire ownership thereof. (n)
Art. '*+. The proceedins for adoption shall be
overned by the -"les of Co"rt insofar as they are
not in conflict with this Code. (n)
Art. '*,. The adoption shall be recorded in the local
civil reister. (1/5a)
Art. '*/. A !inor or other incapacitated person !ay&
thro"h a "ardian ad lite!& ask for the rescission of
the adoption on the sa!e ro"nds that ca"se the loss
of parental a"thority. (n)
Art. '*3. The adopter !ay petition the co"rt for
revocation of the adoption in any of these cases<
(1) (f the adopted person has atte!pted aainst the
life of the adopter8
(2) 2hen the adopted !inor has abandoned the
ho!e of the adopter for !ore than three years8
(') 2hen by other acts the adopted person has
definitely rep"diated the adoption. (n)
C9APT:- ,
@?B@T(T?T: PA-:6TAL A?T9#-(TF (n)

Art. '*5. The followin persons shall e)ercise
s"bstit"te parental a"thority<
(1) $"ardians8
(2) Teachers and professors8
(') 9eads of children;s ho!es& orphanaes& and
si!ilar instit"tions8
(*) Directors of trade establish!ents& with reard to
apprentices8
(+) $randparents8
(,) The oldest brother or sister.
Art. '+7. The persons na!ed in the precedin article
shall e)ercise reasonable s"pervision over the
cond"ct of the child.
Art. '+1. A eneral "ardian or a "ardian over the
person shall have the sa!e a"thority over the ward;s
person as the parents. 2ith reard to the child;s
property& the -"les of Co"rt on "ardianship shall
overn.
Art. '+2. The relations between teacher and p"pil&
professor and st"dent& are fi)ed by overn!ent
re"lations and those of each school or instit"tion. (n
no case shall corporal p"nish!ent be co"ntenanced.
The teacher or professor shall c"ltivate the best
potentialities of the heart and !ind of the p"pil or
st"dent.
Art. '+'. Apprentices shall be treated h"!anely. 6o
corporal p"nish!ent aainst the apprentice shall be
per!itted.
Art. '+*. $randparents and in their defa"lt the oldest
brother or sister shall e)ercise parental a"thority in
case of death or absence of the child;s parents. (f the
parents are livin& or if the child is "nder "ardianship&
the randparents !ay ive advice and co"nsel to the
child& to the parents or to the "ardian.
Art. '++. @"bstit"te parental a"thority shall be
e)ercised by the randparents in the followin order<
(1) Paternal randparents8
(2) =aternal randparents.
Title G((. 1 CA-: A6D :D?CAT(#6 #A C9(LD-:6

Art. '+,. :very child<
(1) (s entitled to parental care8
(2) @hall receive at least ele!entary ed"cation8
(') @hall be iven !oral and civic trainin by the
parents or "ardian8
(*) 9as a riht to live in an at!osphere cond"cive to
his physical& !oral and intellect"al develop!ent.
Art. '+/. :very child shall<
(1) #bey and honor his parents or "ardian8
(2) -espect his randparents& old relatives& and
persons holdin s"bstit"te parental a"thority8
(') :)ert his "t!ost for his ed"cation and trainin8
(*) Cooperate with the fa!ily in all !atters that !ake
for the ood of the sa!e.
Art. '+3. :very parent and every person holdin
s"bstit"te parental a"thority shall see to it that the
rihts of the child are respected and his d"ties
co!plied with& and shall partic"larly& by precept and
e)a!ple& i!b"e the child with hih!indedness& love
of co"ntry& veneration for the national heroes& fidelity
to de!ocracy as a way of life& and attach!ent to the
ideal of per!anent world peace.
Art. '+5. The overn!ent pro!otes the f"ll rowth of
the fac"lties of every child. Aor this p"rpose& the
overn!ent will establish& whenever possible<
(1) @chools in every barrio& !"nicipality and city
where optional reliio"s instr"ction shall be ta"ht as
part of the c"rric"l"! at the option of the parent or
"ardian8
(2) P"eric"lt"re and si!ilar centers8
(') Co"ncils for the Protection of Children8 and
(*) 4"venile co"rts.
Art. ',7. The Co"ncil for the Protection of Children
shall look after the welfare of children in the
!"nicipality. (t shall& a!on other f"nctions<
(1) Aoster the ed"cation of every child in the
!"nicipality8
(2) :nco"rae the c"ltivation of the d"ties of parents8
(') Protect and assist abandoned or !istreated
children& and orphans8
(*) Take steps to prevent ."venile delin0"ency8
(+) Adopt !eas"res for the health of children8
(,) Pro!ote the openin and !aintenance of
playro"nds8
(/) Coordinate the activities of orani%ations devoted
to the welfare of children& and sec"re their
cooperation.
Art. ',1. 4"venile co"rts will be established& as far as
practicable& in every chartered city or lare
!"nicipality.
Art. ',2. 2henever a child is fo"nd delin0"ent by any
co"rt& the father& !other& or "ardian !ay in a proper
case be ."dicially ad!onished.
Art. ','. (n all 0"estions on the care& c"stody&
ed"cation and property of children the latter;s welfare
shall be para!o"nt. 6o !other shall be separated
fro! her child "nder seven years of ae& "nless the
co"rt finds co!pellin reasons for s"ch !eas"re.

Title G(((. 1 ?@: #A @?-6A=:@ (n)

Art. ',*. Leiti!ate and leiti!ated children shall
principally "se the s"rna!e of the father.
Art. ',+. An adopted child shall bear the s"rna!e of
the adopter.
Art. ',,. A nat"ral child acknowleded by both
parents shall principally "se the s"rna!e of the
father. (f reconi%ed by only one of the parents& a
nat"ral child shall e!ploy the s"rna!e of the
reconi%in parent.
Art. ',/. 6at"ral children by leal fiction shall
principally e!ploy the s"rna!e of the father.
Art. ',3. (lleiti!ate children referred to in Article 23/
shall bear the s"rna!e of the !other.
Art. ',5. Children conceived before the decree
ann"llin a voidable !arriae shall principally "se the
s"rna!e of the father.
Art. '/7. A !arried wo!an !ay "se<
(1) 9er !aiden first na!e and s"rna!e and add her
h"sband;s s"rna!e& or
(2) 9er !aiden first na!e and her h"sband;s s"rna!e
or
(') 9er h"sband;s f"ll na!e& b"t prefi)in a word
indicatin that she is his wife& s"ch as "=rs."
Art. '/1. (n case of ann"l!ent of !arriae& and the
wife is the "ilty party& she shall res"!e her !aiden
na!e and s"rna!e. (f she is the innocent spo"se&
she !ay res"!e her !aiden na!e and s"rna!e.
9owever& she !ay choose to contin"e e!ployin her
for!er h"sband;s s"rna!e& "nless<
(1) The co"rt decrees otherwise& or
(2) @he or the for!er h"sband is !arried aain to
another person.
Art. '/2. 2hen leal separation has been ranted&
the wife shall contin"e "sin her na!e and s"rna!e
e!ployed before the leal separation.
Art. '/'. A widow !ay "se the deceased h"sband;s
s"rna!e as tho"h he were still livin& in accordance
with Article '/7.
Art. '/*. (n case of identity of na!es and s"rna!es&
the yo"ner person shall be oblied to "se s"ch
additional na!e or s"rna!e as will avoid conf"sion.
Art. '/+. (n case of identity of na!es and s"rna!es
between ascendants and descendants& the word
"4"nior" can be "sed only by a son. $randsons and
other direct !ale descendants shall either<
(1) Add a !iddle na!e or the !other;s s"rna!e& or
(2) Add the -o!an 6"!erals ((& (((& and so on.
Art. '/,. 6o person can chane his na!e or s"rna!e
witho"t ."dicial a"thority.
Art. '//. ?s"rpation of a na!e and s"rna!e !ay be
the s"b.ect of an action for da!aes and other relief.
Art. '/3. The "na"thori%ed or "nlawf"l "se of another
person;s s"rna!e ives a riht of action to the latter.
Art. '/5. The e!ploy!ent of pen na!es or stae
na!es is per!itted& provided it is done in ood faith
and there is no in."ry to third persons. Pen na!es
and stae na!es cannot be "s"rped.
Art. '37. :)cept as provided in the precedin article&
no person shall "se different na!es and s"rna!es.

Title G(>. 1 AB@:6C:

C9APT:- 1
P-#>(@(#6AL =:A@?-:@ (6 CA@: #A AB@:6C:

Art. '31. 2hen a person disappears fro! his
do!icile& his whereabo"ts bein "nknown& and
witho"t leavin an aent to ad!inister his property&
the ."de& at the instance of an interested party& a
relative& or a friend& !ay appoint a person to
represent hi! in all that !ay be necessary.
This sa!e r"le shall be observed when "nder si!ilar
circ"!stances the power conferred by the absentee
has e)pired. (131a)
Art. '32. The appoint!ent referred to in the precedin
article havin been !ade& the ."de shall take the
necessary !eas"res to safe"ard the rihts and
interests of the absentee and shall specify the
powers& obliations and re!"neration of his
representative& re"latin the!& accordin to the
circ"!stances& by the r"les concernin "ardians.
(132)
Art. '3'. (n the appoint!ent of a representative& the
spo"se present shall be preferred when there is no
leal separation.
(f the absentee left no spo"se& or if the spo"se
present is a !inor& any co!petent person !ay be
appointed by the co"rt. (13'a)

C9APT:- 2
D:CLA-AT(#6 #A AB@:6C:

Art. '3*. Two years havin elapsed witho"t any news
abo"t the absentee or since the receipt of the last
news& and five years in case the absentee has left a
person in chare of the ad!inistration of his property&
his absence !ay be declared. (13*)
Art. '3+. The followin !ay ask for the declaration of
absence<
(1) The spo"se present8
(2) The heirs instit"ted in a will& who !ay present an
a"thentic copy of the sa!e8
(') The relatives who !ay s"cceed by the law of
intestacy8
(*) Those who !ay have over the property of the
absentee so!e riht s"bordinated to the condition of
his death. (13+)
Art. '3,. The ."dicial declaration of absence shall not
take effect "ntil si) !onths after its p"blication in a
newspaper of eneral circ"lation. (13,a)

C9APT:- '
AD=(6(@T-AT(#6 #A T9: P-#P:-TF #A T9:
AB@:6T::

Art. '3/. An ad!inistrator of the absentee;s property
shall be appointed in accordance with Article '3'.
(13/a)
Art. '33. The wife who is appointed as an
ad!inistratri) of the h"sband;s property cannot
alienate or enc"!ber the h"sband;s property& or that
of the con."al partnership& witho"t ."dicial a"thority.
(133a)
Art. '35. The ad!inistration shall cease in any of the
followin cases<
(1) 2hen the absentee appears personally or by
!eans of an aent8
(2) 2hen the death of the absentee is proved and his
testate or intestate heirs appear8
(') 2hen a third person appears& showin by a proper
doc"!ent that he has ac0"ired the absentee;s
property by p"rchase or other title.
(n these cases the ad!inistrator shall cease in the
perfor!ance of his office& and the property shall be at
the disposal of those who !ay have a riht thereto.
(157)

C9APT:- *
P-:@?=PT(#6 #A D:AT9

Art. '57. After an absence of seven years& it bein
"nknown whether or not the absentee still lives& he
shall be pres"!ed dead for all p"rposes& e)cept for
those of s"ccession.
The absentee shall not be pres"!ed dead for the
p"rpose of openin his s"ccession till after an
absence of ten years. (f he disappeared after the ae
of seventy1five years& an absence of five years shall
be s"fficient in order that his s"ccession !ay be
opened. (n)
Art. '51. The followin shall be pres"!ed dead for all
p"rposes& incl"din the division of the estate a!on
the heirs<
(1) A person on board a vessel lost d"rin a sea
voyae& or an aeroplane which is !issin& who has
not been heard of for fo"r years since the loss of the
vessel or aeroplane8
(2) A person in the ar!ed forces who has taken part
in war& and has been !issin for fo"r years8
(') A person who has been in daner of death "nder
other circ"!stances and his e)istence has not been
known for fo"r years. (n)
Art. '52. (f the absentee appears& or witho"t
appearin his e)istence is proved& he shall recover
his property in the condition in which it !ay be fo"nd&
and the price of any property that !ay have been
alienated or the property ac0"ired therewith8 b"t he
cannot clai! either fr"its or rents. (15*)

C9APT:- +
:AA:CT #A AB@:6C: ?P#6 T9:
C#6T(6$:6T -($9T@ #A T9: AB@:6T::

Art. '5'. 2hoever clai!s a riht pertainin to a
person whose e)istence is not reconi%ed !"st prove
that he was livin at the ti!e his e)istence was
necessary in order to ac0"ire said riht. (15+)
Art. '5*. 2itho"t pre."dice to the provision of the
precedin article& "pon the openin of a s"ccession to
which an absentee is called& his share shall accr"e to
his co1heirs& "nless he has heirs& assins& or a
representative. They shall all& as the case !ay be&
!ake an inventory of the property. (15,a)
Art. '5+. The provisions of the precedin article are
"nderstood to be witho"t pre."dice to the action of
petition for inheritance or other rihts which are
vested in the absentee& his representatives or
s"ccessors in interest. These rihts shall not be
e)tin"ished save by lapse of ti!e fi)ed for
prescription. (n the record that is !ade in the -eistry
of the real estate which accr"es to the coheirs& the
circ"!stance of its bein s"b.ect to the provisions of
this article shall be stated. (15/)
Art. '5,. Those who !ay have entered "pon the
inheritance shall appropriate the fr"its received in
ood faith so lon as the absentee does not appear&
or while his representatives or s"ccessors in interest
do not brin the proper actions. (153)

Title G>. 1 :=A6C(PAT(#6 A6D A$: #A
=A4#-(TF

C9APT:- 1
:=A6C(PAT(#6

Art. '5/. :!ancipation takes place<
(1) By the !arriae of the !inor8
(2) By the attain!ent of !a.ority8
(') By the concession of the father or of the !other
who e)ercise parental a"thority. ('1*)
Art. '53. :!ancipation treated of in 6o. ' of the
precedin article shall be effected in a p"blic
instr"!ent which shall be recorded in the Civil
-eister& and "nless so recorded& it shall take no
effect aainst third persons. ('1,a)
Art. '55. :!ancipation by !arriae or by vol"ntary
concession shall ter!inate parental a"thority over the
child;s person. (t shall enable the !inor to ad!inister
his property as tho"h he were of ae& b"t he cannot
borrow !oney or alienate or enc"!ber real property
witho"t the consent of his father or !other& or
"ardian. 9e can s"e and be s"ed in co"rt only with
the assistance of his father& !other or "ardian.
('1/a)
Art. *77. (n order that e!ancipation by concession of
the father or of the !other !ay take place& it is
re0"ired that the !inor be eihteen years of ae& and
that he ive his consent thereto. ('13)
Art. *71. :!ancipation is final or irrevocable. ('15a)

CHAPTER 2
A%E OF MA&ORITY

Art. *72. =a.ority co!!ences "pon the attain!ent of
the ae of twenty1one years.
The person who has reached !a.ority is 0"alified for
all acts of civil life& save the e)ceptions established by
this Code in special cases. ('27a)
Art. *7'. 6otwithstandin the provisions of the
precedin article& a da"hter above twenty1one b"t
below twenty1three years of ae cannot leave the
parental ho!e witho"t the consent of the father or
!other in whose co!pany she lives& e)cept to
beco!e a wife& or when she e)ercises a profession or
callin& or when the father or !other has contracted a
s"bse0"ent !arriae. ('21a)
Art. *7*. An orphan who is !inor !ay& at the instance
of any relative or other person& obtain e!ancipation
by concession "pon an order of the Co"rt of Airst
(nstance. ('22a)
Art. *7+. Aor the concession and approval referred to
in the precedin article it is necessary<
(1) That the !inor be eihteen years of ae8
(2) That he consent thereto8 and
(') That the concession be dee!ed convenient for
the !inor.
The concession shall be recorded in the Civil
-eister. ('2'a)
Art. *7,. The provisions of Article '55 are applicable
to an orphan who has been e!ancipated accordin to
Article *7*. The co"rt will ive the necessary approval
with respect to the contracts !entioned in Article '55.
(n litiations& a "ardian ad lite! for the !inor shall be
appointed by the co"rt. ('2*a)

Title G>(. 1 C(>(L -:$(@T:-

Art. *7/. Acts& events and ."dicial decrees
concernin the civil stat"s of persons shall be
recorded in the civil reister. ('2+a)
Art. *73. The followin shall be entered in the civil
reister<
(1) Births8
(2) !arriaes8
(') deaths8
(*) leal separations8
(+) ann"l!ents of !arriae8
(,) ."d!ents declarin !arriaes void fro! the
beinnin8
(/) leiti!ations8
(3) adoptions8
(5) acknowled!ents of nat"ral children8
(17) nat"rali%ation8
(11) loss& or (12) recovery of citi%enship8
(1') civil interdiction8
(1*) ."dicial deter!ination of filiation8
(1+) vol"ntary e!ancipation of a !inor8 and
(1,) chanes of na!e. ('2,a)
Art. *75. (n cases of leal separation& adoption&
nat"rali%ation and other ."dicial orders !entioned in
the precedin article& it shall be the d"ty of the clerk of
the co"rt which iss"ed the decree to ascertain
whether the sa!e has been reistered& and if this has
not been done& to send a copy of said decree to the
civil reistry of the city or !"nicipality where the co"rt
is f"nctionin. (n)
Art. *17. The books !akin "p the civil reister and
all doc"!ents relatin thereto shall be considered
p"blic doc"!ents and shall be pri!a facie evidence
of the facts therein contained. (n)
Art. *11. :very civil reistrar shall be civilly
responsible for any "na"thori%ed alteration !ade in
any civil reister& to any person s"fferin da!ae
thereby. 9owever& the civil reistrar !ay e)e!pt
hi!self fro! s"ch liability if he proves that he has
taken every reasonable preca"tion to prevent the
"nlawf"l alteration. (n)
Art. *12. 6o entry in a civil reister shall be chaned
or corrected& witho"t a ."dicial order. (n)
Art. *1'. All other !atters pertainin to the
reistration of civil stat"s shall be overned by special
laws. (n)
REPUBLIC ACT NO. 386
AN ACT TO ORDAIN AND INSTITUTE
THE CIVIL CODE OF THE PHILIPPINES
BOOK II
PROPERTY+ OWNERSHIP+ AND ITS
MODIFICATIONS
Ti!" I. # CLASSIFICATION OF PROPERTY
PRELIMINARY PROVISIONS

Art. *1*. All thins which are or !ay be the ob.ect of
appropriation are considered either<
(1) (!!ovable or real property8 or
(2) =ovable or personal property. (''')

CHAPTER $
IMMOVABLE PROPERTY

Art. *1+. The followin are i!!ovable property<
(1) Land& b"ildins& roads and constr"ctions of all
kinds adhered to the soil8
(2) Trees& plants& and rowin fr"its& while they are
attached to the land or for! an interal part of an
i!!ovable8
(') :verythin attached to an i!!ovable in a fi)ed
!anner& in s"ch a way that it cannot be separated
therefro! witho"t breakin the !aterial or
deterioration of the ob.ect8
(*) @tat"es& reliefs& paintins or other ob.ects for "se
or orna!entation& placed in b"ildins or on lands by
the owner of the i!!ovable in s"ch a !anner that it
reveals the intention to attach the! per!anently to
the tene!ents8
(+) =achinery& receptacles& instr"!ents or
i!ple!ents intended by the owner of the tene!ent for
an ind"stry or works which !ay be carried on in a
b"ildin or on a piece of land& and which tend directly
to !eet the needs of the said ind"stry or works8
(,) Ani!al ho"ses& pieon1ho"ses& beehives& fish
ponds or breedin places of si!ilar nat"re& in case
their owner has placed the! or preserves the! with
the intention to have the! per!anently attached to
the land& and for!in a per!anent part of it8 the
ani!als in these places are incl"ded8
(/) Aertili%er act"ally "sed on a piece of land8
(3) =ines& 0"arries& and sla d"!ps& while the !atter
thereof for!s part of the bed& and waters either
r"nnin or stanant8
(5) Docks and str"ct"res which& tho"h floatin& are
intended by their nat"re and ob.ect to re!ain at a
fi)ed place on a river& lake& or coast8
(17) Contracts for p"blic works& and servit"des and
other real rihts over i!!ovable property. (''*a)
CHAPTER 2
MOVABLE PROPERTY

Art. *1,. The followin thins are dee!ed to be
personal property<
(1) Those !ovables s"sceptible of appropriation
which are not incl"ded in the precedin article8
(2) -eal property which by any special provision of
law is considered as personal property8
(') Aorces of nat"re which are bro"ht "nder control
by science8 and
(*) (n eneral& all thins which can be transported
fro! place to place witho"t i!pair!ent of the real
property to which they are fi)ed. (''+a)
Art. *1/. The followin are also considered as
personal property<
(1) #bliations and actions which have for their ob.ect
!ovables or de!andable s"!s8 and
(2) @hares of stock of aric"lt"ral& co!!ercial and
ind"strial entities& altho"h they !ay have real estate.
('',a)
Art. *13. =ovable property is either cons"!able or
noncons"!able. To the first class belon those
!ovables which cannot be "sed in a !anner
appropriate to their nat"re witho"t their bein
cons"!ed8 to the second class belon all the others.
(''/)

CHAPTER 3
PROPERTY IN RELATION TO THE PERSON TO
WHOM IT BELON%S

Art. *15. Property is either of p"blic do!inion or of
private ownership. (''3)
Art. *27. The followin thins are property of p"blic
do!inion<
(1) Those intended for p"blic "se& s"ch as roads&
canals& rivers& torrents& ports and brides constr"cted
by the @tate& banks& shores& roadsteads& and others
of si!ilar character8
(2) Those which belon to the @tate& witho"t bein for
p"blic "se& and are intended for so!e p"blic service
or for the develop!ent of the national wealth. (''5a)
Art. *21. All other property of the @tate& which is not of
the character stated in the precedin article& is
patri!onial property. ('*7a)
Art. *22. Property of p"blic do!inion& when no loner
intended for p"blic "se or for p"blic service& shall for!
part of the patri!onial property of the @tate. ('*1a)
Art. *2'. The property of provinces& cities& and
!"nicipalities is divided into property for p"blic "se
and patri!onial property. ('*')
Art. *2*. Property for p"blic "se& in the provinces&
cities& and !"nicipalities& consist of the provincial
roads& city streets& !"nicipal streets& the s0"ares&
fo"ntains& p"blic waters& pro!enades& and p"blic
works for p"blic service paid for by said provinces&
cities& or !"nicipalities.
All other property possessed by any of the! is
patri!onial and shall be overned by this Code&
witho"t pre."dice to the provisions of special laws.
('**a)
Art. *2+. Property of private ownership& besides the
patri!onial property of the @tate& provinces& cities&
and !"nicipalities& consists of all property belonin
to private persons& either individ"ally or collectively.
('*+a)

PROVISIONS COMMON TO THE THREE
PRECEDIN% CHAPTERS

Art. *2,. 2henever by provision of the law& or an
individ"al declaration& the e)pression "i!!ovable
thins or property&" or "!ovable thins or property&" is
"sed& it shall be dee!ed to incl"de& respectively& the
thins en"!erated in Chapter 1 and Chapter 2.
2henever the word "!"ebles&" or "f"rnit"re&" is "sed
alone& it shall not be dee!ed to incl"de !oney&
credits& co!!ercial sec"rities& stocks and bonds&
.ewelry& scientific or artistic collections& books&
!edals& ar!s& clothin& horses or carriaes and their
accessories& rains& li0"ids and !erchandise& or other
thins which do not have as their principal ob.ect the
f"rnishin or orna!entin of a b"ildin& e)cept where
fro! the conte)t of the law& or the individ"al
declaration& the contrary clearly appears. ('*,a)

Ti!" II. # OWNERSHIP
CHAPTER $
OWNERSHIP IN %ENERAL

Art. *2/. #wnership !ay be e)ercised over thins or
rihts. (n)
Art. *23. The owner has the riht to en.oy and
dispose of a thin& witho"t other li!itations than those
established by law.
The owner has also a riht of action aainst the
holder and possessor of the thin in order to recover
it. ('*3a)
Art. *25. The owner or lawf"l possessor of a thin has
the riht to e)cl"de any person fro! the en.oy!ent
and disposal thereof. Aor this p"rpose& he !ay "se
s"ch force as !ay be reasonably necessary to repel
or prevent an act"al or threatened "nlawf"l physical
invasion or "s"rpation of his property. (n)
Art. *'7. :very owner !ay enclose or fence his land
or tene!ents by !eans of walls& ditches& live or dead
hedes& or by any other !eans witho"t detri!ent to
servit"des constit"ted thereon. ('33)
Art. *'1. The owner of a thin cannot !ake "se
thereof in s"ch !anner as to in."re the rihts of a third
person. (n)
Art. *'2. The owner of a thin has no riht to prohibit
the interference of another with the sa!e& if the
interference is necessary to avert an i!!inent daner
and the threatened da!ae& co!pared to the da!ae
arisin to the owner fro! the interference& is !"ch
reater. The owner !ay de!and fro! the person
benefited inde!nity for the da!ae to hi!. (n)
Art. *''. Act"al possession "nder clai! of ownership
raises disp"table pres"!ption of ownership. The tr"e
owner !"st resort to ."dicial process for the recovery
of the property. (n)
Art. *'*. (n an action to recover& the property !"st be
identified& and the plaintiff !"st rely on the strenth of
his title and not on the weakness of the defendant;s
clai!. (n)
Art. *'+. 6o person shall be deprived of his property
e)cept by co!petent a"thority and for p"blic "se and
always "pon pay!ent of ."st co!pensation.
@ho"ld this re0"ire!ent be not first co!plied with& the
co"rts shall protect and& in a proper case& restore the
owner in his possession. ('*5a)
Art. *',. 2hen any property is conde!ned or sei%ed
by co!petent a"thority in the interest of health& safety
or sec"rity& the owner thereof shall not be entitled to
co!pensation& "nless he can show that s"ch
conde!nation or sei%"re is "n."stified. (n)
Art. *'/. The owner of a parcel of land is the owner of
its s"rface and of everythin "nder it& and he can
constr"ct thereon any works or !ake any plantations
and e)cavations which he !ay dee! proper& witho"t
detri!ent to servit"des and s"b.ect to special laws
and ordinances. 9e cannot co!plain of the
reasonable re0"ire!ents of aerial naviation. ('+7a)
Art. *'3. 9idden treas"re belons to the owner of the
land& b"ildin& or other property on which it is fo"nd.
6evertheless& when the discovery is !ade on the
property of another& or of the @tate or any of its
s"bdivisions& and by chance& one1half thereof shall be
allowed to the finder. (f the finder is a trespasser& he
shall not be entitled to any share of the treas"re.
(f the thins fo"nd be of interest to science of the arts&
the @tate !ay ac0"ire the! at their ."st price& which
shall be divided in confor!ity with the r"le stated.
('+1a)
Art. *'5. By treas"re is "nderstood& for leal
p"rposes& any hidden and "nknown deposit of !oney&
.ewelry& or other precio"s ob.ects& the lawf"l
ownership of which does not appear. ('+2)

CHAPTER 3
RI%HT OF ACCESSION
%ENERAL PROVISIONS

Art. **7. The ownership of property ives the riht by
accession to everythin which is prod"ced thereby& or
which is incorporated or attached thereto& either
nat"rally or artificially. ('+')

@:CT(#6 1. 1 -iht of Accession with -espect to
2hat is Prod"ced by Property

Art. **1. To the owner belons<
(1) The nat"ral fr"its8
(2) The ind"strial fr"its8
(') The civil fr"its. ('+*)
Art. **2. 6at"ral fr"its are the spontaneo"s prod"cts
of the soil& and the yo"n and other prod"cts of
ani!als.
(nd"strial fr"its are those prod"ced by lands of any
kind thro"h c"ltivation or labor.
Civil fr"its are the rents of b"ildins& the price of
leases of lands and other property and the a!o"nt of
perpet"al or life ann"ities or other si!ilar inco!e.
('++a)
Art. **'. 9e who receives the fr"its has the obliation
to pay the e)penses !ade by a third person in their
prod"ction& atherin& and preservation. ('+,)
Art. ***. #nly s"ch as are !anifest or born are
considered as nat"ral or ind"strial fr"its.
2ith respect to ani!als& it is s"fficient that they are in
the wo!b of the !other& altho"h "nborn. ('+/)

@:CT(#6 2. 1 -iht of Accession with -espect
to (!!ovable Property

Art. **+. 2hatever is b"ilt& planted or sown on the
land of another and the i!prove!ents or repairs
!ade thereon& belon to the owner of the land&
s"b.ect to the provisions of the followin articles.
('+3)
Art. **,. All works& sowin& and plantin are
pres"!ed !ade by the owner and at his e)pense&
"nless the contrary is proved. ('+5)
Art. **/. The owner of the land who !akes thereon&
personally or thro"h another& plantins&
constr"ctions or works with the !aterials of another&
shall pay their val"e8 and& if he acted in bad faith& he
shall also be oblied to the reparation of da!aes.
The owner of the !aterials shall have the riht to
re!ove the! only in case he can do so witho"t in."ry
to the work constr"cted& or witho"t the plantins&
constr"ctions or works bein destroyed. 9owever& if
the landowner acted in bad faith& the owner of the
!aterials !ay re!ove the! in any event& with a riht
to be inde!nified for da!aes. (',7a)
Art. **3. The owner of the land on which anythin has
been b"ilt& sown or planted in ood faith& shall have
the riht to appropriate as his own the works& sowin
or plantin& after pay!ent of the inde!nity provided
for in Articles +*, and +*3& or to oblie the one who
b"ilt or planted to pay the price of the land& and the
one who sowed& the proper rent. 9owever& the b"ilder
or planter cannot be oblied to b"y the land if its val"e
is considerably !ore than that of the b"ildin or trees.
(n s"ch case& he shall pay reasonable rent& if the
owner of the land does not choose to appropriate the
b"ildin or trees after proper inde!nity. The parties
shall aree "pon the ter!s of the lease and in case of
disaree!ent& the co"rt shall fi) the ter!s thereof.
(',1a)
Art. **5. 9e who b"ilds& plants or sows in bad faith on
the land of another& loses what is b"ilt& planted or
sown witho"t riht to inde!nity. (',2)
Art. *+7. The owner of the land on which anythin has
been b"ilt& planted or sown in bad faith !ay de!and
the de!olition of the work& or that the plantin or
sowin be re!oved& in order to replace thins in their
for!er condition at the e)pense of the person who
b"ilt& planted or sowed8 or he !ay co!pel the b"ilder
or planter to pay the price of the land& and the sower
the proper rent. (','a)
Art. *+1. (n the cases of the two precedin articles&
the landowner is entitled to da!aes fro! the b"ilder&
planter or sower. (n)
Art. *+2. The b"ilder& planter or sower in bad faith is
entitled to rei!b"rse!ent for the necessary e)penses
of preservation of the land. (n)
Art. *+'. (f there was bad faith& not only on the part of
the person who b"ilt& planted or sowed on the land of
another& b"t also on the part of the owner of s"ch
land& the rihts of one and the other shall be the sa!e
as tho"h both had acted in ood faith.
(t is "nderstood that there is bad faith on the part of
the landowner whenever the act was done with his
knowlede and witho"t opposition on his part. ('+*a)
Art. *+*. 2hen the landowner acted in bad faith and
the b"ilder& planter or sower proceeded in ood faith&
the provisions of article **/ shall apply. (n)
Art. *++. (f the !aterials& plants or seeds belon to a
third person who has not acted in bad faith& the owner
of the land shall answer s"bsidiarily for their val"e
and only in the event that the one who !ade "se of
the! has no property with which to pay.
This provision shall not apply if the owner !akes "se
of the riht ranted by article *+7. (f the owner of the
!aterials& plants or seeds has been paid by the
b"ilder& planter or sower& the latter !ay de!and fro!
the landowner the val"e of the !aterials and labor.
(',+a)
Art. *+,. (n the cases re"lated in the precedin
articles& ood faith does not necessarily e)cl"de
nelience& which ives riht to da!aes "nder
article 21/,. (n)
Art. *+/. To the owners of lands ad.oinin the banks
of rivers belon the accretion which they rad"ally
receive fro! the effects of the c"rrent of the waters.
('',)
Art. *+3. The owners of estates ad.oinin ponds or
laoons do not ac0"ire the land left dry by the nat"ral
decrease of the waters& or lose that in"ndated by
the! in e)traordinary floods. (',/)
Art. *+5. 2henever the c"rrent of a river& creek or
torrent sereates fro! an estate on its bank a known
portion of land and transfers it to another estate& the
owner of the land to which the sereated portion
beloned retains the ownership of it& provided that he
re!oves the sa!e within two years. (',3a)
Art. *,7. Trees "prooted and carried away by the
c"rrent of the waters belon to the owner of the land
"pon which they !ay be cast& if the owners do not
clai! the! within si) !onths. (f s"ch owners clai!
the!& they shall pay the e)penses inc"rred in
atherin the! or p"ttin the! in a safe place. (',5a)
Art. *,1. -iver beds which are abandoned thro"h
the nat"ral chane in the co"rse of the waters ipso
facto belon to the owners whose lands are occ"pied
by the new co"rse in proportion to the area lost.
9owever& the owners of the lands ad.oinin the old
bed shall have the riht to ac0"ire the sa!e by payin
the val"e thereof& which val"e shall not e)ceed the
val"e of the area occ"pied by the new bed. ('/7a)
Art. *,2. 2henever a river& chanin its co"rse by
nat"ral ca"ses& opens a new bed thro"h a private
estate& this bed shall beco!e of p"blic do!inion.
('/2a)
Art. *,'. 2henever the c"rrent of a river divides itself
into branches& leavin a piece of land or part thereof
isolated& the owner of the land retains his ownership.
9e also retains it if a portion of land is separated fro!
the estate by the c"rrent. ('/*)
Art. *,*. (slands which !ay be for!ed on the seas
within the ."risdiction of the Philippines& on lakes& and
on naviable or floatable rivers belon to the @tate.
('/1a)
Art. *,+. (slands which thro"h s"ccessive
acc"!"lation of all"vial deposits are for!ed in non1
naviable and non1floatable rivers& belon to the
owners of the !arins or banks nearest to each of
the!& or to the owners of both !arins if the island is
in the !iddle of the river& in which case it shall be
divided lonit"dinally in halves. (f a sinle island th"s
for!ed be !ore distant fro! one !arin than fro!
the other& the owner of the nearer !arin shall be the
sole owner thereof. ('/'a)

@:CT(#6 '. 1 -iht of Accession
with -espect to =ovable Property

Art. *,,. 2henever two !ovable thins belonin to
different owners are& witho"t bad faith& "nited in s"ch
a way that they for! a sinle ob.ect& the owner of the
principal thin ac0"ires the accessory& inde!nifyin
the for!er owner thereof for its val"e. ('/+)
Art. *,/. The principal thin& as between two thins
incorporated& is dee!ed to be that to which the other
has been "nited as an orna!ent& or for its "se or
perfection. ('/,)
Art. *,3. (f it cannot be deter!ined by the r"le iven
in the precedin article which of the two thins
incorporated is the principal one& the thin of the
reater val"e shall be so considered& and as between
two thins of e0"al val"e& that of the reater vol"!e.
(n paintin and sc"lpt"re& writins& printed !atter&
enravin and lithoraphs& the board& !etal& stone&
canvas& paper or parch!ent shall be dee!ed the
accessory thin. ('//)
Art. *,5. 2henever the thins "nited can be
separated witho"t in."ry& their respective owners !ay
de!and their separation.
6evertheless& in case the thin "nited for the "se&
e!bellish!ent or perfection of the other& is !"ch
!ore precio"s than the principal thin& the owner of
the for!er !ay de!and its separation& even tho"h
the thin to which it has been incorporated !ay s"ffer
so!e in."ry. ('/3)
Art. */7. 2henever the owner of the accessory thin
has !ade the incorporation in bad faith& he shall lose
the thin incorporated and shall have the obliation to
inde!nify the owner of the principal thin for the
da!aes he !ay have s"ffered.
(f the one who has acted in bad faith is the owner of
the principal thin& the owner of the accessory thin
shall have a riht to choose between the for!er
payin hi! its val"e or that the thin belonin to hi!
be separated& even tho"h for this p"rpose it be
necessary to destroy the principal thin8 and in both
cases& f"rther!ore& there shall be inde!nity for
da!aes.
(f either one of the owners has !ade the incorporation
with the knowlede and witho"t the ob.ection of the
other& their respective rihts shall be deter!ined as
tho"h both acted in ood faith. ('/5a)
Art. */1. 2henever the owner of the !aterial
e!ployed witho"t his consent has a riht to an
inde!nity& he !ay de!and that this consist in the
delivery of a thin e0"al in kind and val"e& and in all
other respects& to that e!ployed& or else in the price
thereof& accordin to e)pert appraisal. ('37)
Art. */2. (f by the will of their owners two thins of the
sa!e or different kinds are !i)ed& or if the !i)t"re
occ"rs by chance& and in the latter case the thins are
not separable witho"t in."ry& each owner shall ac0"ire
a riht proportional to the part belonin to hi!&
bearin in !ind the val"e of the thins !i)ed or
conf"sed. ('31)
Art. */'. (f by the will of only one owner& b"t in ood
faith& two thins of the sa!e or different kinds are
!i)ed or conf"sed& the rihts of the owners shall be
deter!ined by the provisions of the precedin article.
(f the one who ca"sed the !i)t"re or conf"sion acted
in bad faith& he shall lose the thin belonin to hi!
th"s !i)ed or conf"sed& besides bein oblied to pay
inde!nity for the da!aes ca"sed to the owner of the
other thin with which his own was !i)ed. ('32)
Art. */*. #ne who in ood faith e!ploys the !aterial
of another in whole or in part in order to !ake a thin
of a different kind& shall appropriate the thin th"s
transfor!ed as his own& inde!nifyin the owner of the
!aterial for its val"e.
(f the !aterial is !ore precio"s than the transfor!ed
thin or is of !ore val"e& its owner !ay& at his option&
appropriate the new thin to hi!self& after first payin
inde!nity for the val"e of the work& or de!and
inde!nity for the !aterial.
(f in the !akin of the thin bad faith intervened& the
owner of the !aterial shall have the riht to
appropriate the work to hi!self witho"t payin
anythin to the !aker& or to de!and of the latter that
he inde!nify hi! for the val"e of the !aterial and the
da!aes he !ay have s"ffered. 9owever& the owner
of the !aterial cannot appropriate the work in case
the val"e of the latter& for artistic or scientific reasons&
is considerably !ore than that of the !aterial. ('3'a)
Art. */+. (n the precedin articles& senti!ental val"e
shall be d"ly appreciated. (n)

CHAPTER 3
,UIETIN% OF TITLE (n)

Art. */,. 2henever there is a clo"d on title to real
property or any interest therein& by reason of any
instr"!ent& record& clai!& enc"!brance or proceedin
which is apparently valid or effective b"t is in tr"th and
in fact invalid& ineffective& voidable& or "nenforceable&
and !ay be pre."dicial to said title& an action !ay be
bro"ht to re!ove s"ch clo"d or to 0"iet the title.
An action !ay also be bro"ht to prevent a clo"d
fro! bein cast "pon title to real property or any
interest therein.
Art. *//. The plaintiff !"st have leal or e0"itable title
to& or interest in the real property which is the s"b.ect
!atter of the action. 9e need not be in possession of
said property.
Art. */3. There !ay also be an action to 0"iet title or
re!ove a clo"d therefro! when the contract&
instr"!ent or other obliation has been e)tin"ished
or has ter!inated& or has been barred by e)tinctive
prescription.
Art. */5. The plaintiff !"st ret"rn to the defendant all
benefits he !ay have received fro! the latter& or
rei!b"rse hi! for e)penses that !ay have redo"nded
to the plaintiff;s benefit.
Art. *37. The principles of the eneral law on the
0"ietin of title are hereby adopted insofar as they are
not in conflict with this Code.
Art. *31. The proced"re for the 0"ietin of title or the
re!oval of a clo"d therefro! shall be overned by
s"ch r"les of co"rt as the @"pre!e Co"rt shall
pro!"lated.

CHAPTER (
RUINOUS BUILDIN%S AND TREES IN DAN%ER
OF FALLIN%

Art. *32. (f a b"ildin& wall& col"!n& or any other
constr"ction is in daner of fallin& the owner shall be
oblied to de!olish it or to e)ec"te the necessary
work in order to prevent it fro! fallin.
(f the proprietor does not co!ply with this obliation&
the ad!inistrative a"thorities !ay order the
de!olition of the str"ct"re at the e)pense of the
owner& or take !eas"res to ins"re p"blic safety.
('35a)
Art. *3'. 2henever a lare tree threatens to fall in
s"ch a way as to ca"se da!ae to the land or
tene!ent of another or to travelers over a p"blic or
private road& the owner of the tree shall be oblied to
fell and re!ove it8 and sho"ld he not do so& it shall be
done at his e)pense by order of the ad!inistrative
a"thorities. ('57a)

Title (((. 1 C#1#26:-@9(P

Art. *3*. There is co1ownership whenever the
ownership of an "ndivided thin or riht belons to
different persons.
(n defa"lt of contracts& or of special provisions& co1
ownership shall be overned by the provisions of this
Title. ('52)
Art. *3+. The share of the co1owners& in the benefits
as well as in the chares& shall be proportional to their
respective interests. Any stip"lation in a contract to
the contrary shall be void.
The portions belonin to the co1owners in the co1
ownership shall be pres"!ed e0"al& "nless the
contrary is proved. ('5'a)
Art. *3,. :ach co1owner !ay "se the thin owned in
co!!on& provided he does so in accordance with the
p"rpose for which it is intended and in s"ch a way as
not to in."re the interest of the co1ownership or
prevent the other co1owners fro! "sin it accordin to
their rihts. The p"rpose of the co1ownership !ay be
chaned by aree!ent& e)press or i!plied. ('5*a)
Art. *3/. Any one of the co1owners !ay brin an
action in e.ect!ent. (n)
Art. *33. :ach co1owner shall have a riht to co!pel
the other co1owners to contrib"te to the e)penses of
preservation of the thin or riht owned in co!!on
and to the ta)es. Any one of the latter !ay e)e!pt
hi!self fro! this obliation by reno"ncin so !"ch of
his "ndivided interest as !ay be e0"ivalent to his
share of the e)penses and ta)es. 6o s"ch waiver
shall be !ade if it is pre."dicial to the co1ownership.
('5+a)
Art. *35. -epairs for preservation !ay be !ade at the
will of one of the co1owners& b"t he !"st& if
practicable& first notify his co1owners of the necessity
for s"ch repairs. :)penses to i!prove or e!bellish
the thin shall be decided "pon by a !a.ority as
deter!ined in Article *52. (n)
Art. *57. 2henever the different stories of a ho"se
belon to different owners& if the titles of ownership do
not specify the ter!s "nder which they sho"ld
contrib"te to the necessary e)penses and there e)ists
no aree!ent on the s"b.ect& the followin r"les shall
be observed<
(1) The !ain and party walls& the roof and the other
thins "sed in co!!on& shall be preserved at the
e)pense of all the owners in proportion to the val"e of
the story belonin to each8
(2) :ach owner shall bear the cost of !aintainin the
floor of his story8 the floor of the entrance& front door&
co!!on yard and sanitary works co!!on to all& shall
be !aintained at the e)pense of all the owners pro
rata8
(') The stairs fro! the entrance to the first story shall
be !aintained at the e)pense of all the owners pro
rata& with the e)ception of the owner of the ro"nd
floor8 the stairs fro! the first to the second story shall
be preserved at the e)pense of all& e)cept the owner
of the ro"nd floor and the owner of the first story8
and so on s"ccessively. ('5,)
Art. *51. 6one of the co1owners shall& witho"t the
consent of the others& !ake alterations in the thin
owned in co!!on& even tho"h benefits for all wo"ld
res"lt therefro!. 9owever& if the withholdin of the
consent by one or !ore of the co1owners is clearly
pre."dicial to the co!!on interest& the co"rts !ay
afford ade0"ate relief. ('5/a)
Art. *52. Aor the ad!inistration and better en.oy!ent
of the thin owned in co!!on& the resol"tions of the
!a.ority of the co1owners shall be bindin.
There shall be no !a.ority "nless the resol"tion is
approved by the co1owners who represent the
controllin interest in the ob.ect of the co1ownership.
@ho"ld there be no !a.ority& or sho"ld the resol"tion
of the !a.ority be serio"sly pre."dicial to those
interested in the property owned in co!!on& the
co"rt& at the instance of an interested party& shall
order s"ch !eas"res as it !ay dee! proper&
incl"din the appoint!ent of an ad!inistrator.
2henever a part of the thin belons e)cl"sively to
one of the co1owners& and the re!ainder is owned in
co!!on& the precedin provision shall apply only to
the part owned in co!!on. ('53)
Art. *5'. :ach co1owner shall have the f"ll ownership
of his part and of the fr"its and benefits pertainin
thereto& and he !ay therefore alienate& assin or
!ortae it& and even s"bstit"te another person in its
en.oy!ent& e)cept when personal rihts are involved.
B"t the effect of the alienation or the !ortae& with
respect to the co1owners& shall be li!ited to the
portion which !ay be alloted to hi! in the division
"pon the ter!ination of the co1ownership. ('55)
Art. *5*. 6o co1owner shall be oblied to re!ain in
the co1ownership. :ach co1owner !ay de!and at any
ti!e the partition of the thin owned in co!!on&
insofar as his share is concerned.
6evertheless& an aree!ent to keep the thin
"ndivided for a certain period of ti!e& not e)ceedin
ten years& shall be valid. This ter! !ay be e)tended
by a new aree!ent.
A donor or testator !ay prohibit partition for a period
which shall not e)ceed twenty years.
6either shall there be any partition when it is
prohibited by law.
6o prescription shall r"n in favor of a co1owner or co1
heir aainst his co1owners or co1heirs so lon as he
e)pressly or i!pliedly reconi%es the co1ownership.
(*77a)
Art. *5+. 6otwithstandin the provisions of the
precedin article& the co1owners cannot de!and a
physical division of the thin owned in co!!on& when
to do so wo"ld render it "nserviceable for the "se for
which it is intended. B"t the co1ownership !ay be
ter!inated in accordance with Article *53. (*71a)
Art. *5,. Partition !ay be !ade by aree!ent
between the parties or by ."dicial proceedins.
Partition shall be overned by the -"les of Co"rt
insofar as they are consistent with this Code. (*72)
Art. *5/. The creditors or assinees of the co1owners
!ay take part in the division of the thin owned in
co!!on and ob.ect to its bein effected witho"t their
conc"rrence. B"t they cannot i!p"n any partition
already e)ec"ted& "nless there has been fra"d& or in
case it was !ade notwithstandin a for!al opposition
presented to prevent it& witho"t pre."dice to the riht
of the debtor or assinor to !aintain its validity. (*7')
Art. *53. 2henever the thin is essentially indivisible
and the co1owners cannot aree that it be allotted to
one of the! who shall inde!nify the others& it shall be
sold and its proceeds distrib"ted. (*7*)
Art. *55. The partition of a thin owned in co!!on
shall not pre."dice third persons& who shall retain the
rihts of !ortae& servit"de or any other real rihts
belonin to the! before the division was !ade.
Personal rihts pertainin to third persons aainst the
co1ownership shall also re!ain in force&
notwithstandin the partition. (*7+)
Art. +77. ?pon partition& there shall be a !"t"al
acco"ntin for benefits received and rei!b"rse!ents
for e)penses !ade. Likewise& each co1owner shall
pay for da!aes ca"sed by reason of his nelience
or fra"d. (n)
Art. +71. :very co1owner shall& after partition& be
liable for defects of title and 0"ality of the portion
assined to each of the other co1owners. (n)

Ti!" IV. # SOME SPECIAL PROPERTIES
CHAPTER I
WATERS

@:CT(#6 1. 1 #wnership of 2aters

Art. +72. The followin are of p"blic do!inion<
(1) -ivers and their nat"ral beds8
(2) Contin"o"s or inter!ittent waters of sprins and
brooks r"nnin in their nat"ral beds and the beds
the!selves8
(') 2aters risin contin"o"sly or inter!ittently on
lands of p"blic do!inion8
(*) Lakes and laoons for!ed by 6at"re on p"blic
lands& and their beds8
(+) -ain waters r"nnin thro"h ravines or sand beds&
which are also of p"blic do!inion8
(,) @"bterranean waters on p"blic lands8
(/) 2aters fo"nd within the %one of operation of p"blic
works& even if constr"cted by a contractor8
(3) 2aters risin contin"o"sly or inter!ittently on
lands belonin to private persons& to the @tate& to a
province& or to a city or a !"nicipality fro! the
!o!ent they leave s"ch lands8
(5) The waste waters of fo"ntains& sewers and p"blic
establish!ents. (*7/)
Art. +7'. The followin are of private ownership<
(1) Contin"o"s or inter!ittent waters risin on lands
of private ownership& while r"nnin thro"h the sa!e8
(2) Lakes and laoons& and their beds& for!ed by
6at"re on s"ch lands8
(') @"bterranean waters fo"nd on the sa!e8
(*) -ain waters fallin on said lands& as lon as they
re!ain within the bo"ndaries8
(+) The beds of flowin waters& contin"o"s or
inter!ittent& for!ed by rain water& and those of
brooks& crossin lands which are not of p"blic
do!inion.
(n every drain or a0"ed"ct& the water& bed& banks and
floodates shall be considered as an interal part of
the land of b"ildin for which the waters are intended.
The owners of lands& thro"h which or alon the
bo"ndaries of which the a0"ed"ct passes& cannot
clai! ownership over it& or any riht to the "se of its
bed or banks& "nless the clai! is based on titles of
ownership specifyin the riht or ownership clai!ed.
(*73)
@:CT(#6 2. 1 The ?se of P"blic 2aters

Art. +7*. The "se of p"blic waters is ac0"ired<
(1) By ad!inistrative concession8
(2) By prescription for ten years.
The e)tent of the rihts and obliations of the "se
shall be that established& in the first case& by the
ter!s of the concession& and& in the second case& by
the !anner and for! in which the waters have been
"sed. (*75a)
Art. +7+. :very concession for the "se of waters is
"nderstood to be witho"t pre."dice to third persons.
(*17)
Art. +7,. The riht to !ake "se of p"blic waters is
e)tin"ished by the lapse of the concession and by
non1"ser for five years. (*11a)

@:CT(#6 '. 1 The ?se of 2aters of Private
#wnership

Art. +7/. The owner of a piece of land on which a
sprin or brook rises& be it contin"o"s or inter!ittent&
!ay "se its waters while they r"n thro"h the sa!e&
b"t after the waters leave the land they shall beco!e
p"blic& and their "se shall be overned by the @pecial
Law of 2aters of A""st '& 13,,& and by the (rriation
Law. (*12a)
Art. +73. The private ownership of the beds of rain
waters does not ive a riht to !ake works or
constr"ctions which !ay chane their co"rse to the
da!ae of third persons& or whose destr"ction& by the
force of floods& !ay ca"se s"ch da!ae. (*1')
Art. +75. 6o one !ay enter private property to search
waters or !ake "se of the! witho"t per!ission fro!
the owners& e)cept as provided by the =inin Law.
(*1*a)
Art. +17. The ownership which the proprietor of a
piece of land has over the waters risin thereon does
not pre."dice the rihts which the owners of lower
estates !ay have leally ac0"ired to the "se thereof.
(*1+)
Art. +11. :very owner of a piece of land has the riht
to constr"ct within his property& reservoirs for rain
waters& provided he ca"ses no da!ae to the p"blic
or to third persons. (*1,)

@:CT(#6 *. 1 @"bterranean 2aters

Art. +12. #nly the owner of a piece of land& or another
person with his per!ission& !ay !ake e)plorations
thereon for s"bterranean waters& e)cept as provided
by the =inin Law.
:)plorations for s"bterranean waters on lands of
p"blic do!inion !ay be !ade only with the
per!ission of the ad!inistrative a"thorities. (*1/a)
Art. +1'. 2aters artificially bro"ht forth in
accordance with the @pecial Law of 2aters of A""st
'& 13,,& belon to the person who bro"ht the! "p.
(*13)
Art. +1*. 2hen the owner of waters artificially bro"ht
to the s"rface abandons the! to their nat"ral co"rse&
they shall beco!e of p"blic do!inion. (*15)

@:CT(#6 +. 1 $eneral Provisions

Art. +1+. The owner of a piece of land on which there
are defensive works to check waters& or on which&
d"e to a chane of their co"rse& it !ay be necessary
to reconstr"ct s"ch works& shall be oblied& at his
election& either to !ake the necessary repairs or
constr"ction hi!self& or to per!it the! to be done&
witho"t da!ae to hi!& by the owners of the lands
which s"ffer or are clearly e)posed to s"ffer in."ry.
(*27)
Art. +1,. The provisions of the precedin article are
applicable to the case in which it !ay be necessary to
clear a piece of land of !atter& whose acc"!"lation or
fall !ay obstr"ct the co"rse of the waters& to the
da!ae or peril of third persons. (*21)
Art. +1/. All the owners who participate in the benefits
arisin fro! the works referred to in the two precedin
articles& shall be oblied to contrib"te to the e)penses
of constr"ction in proportion to their respective
interests. Those who by their fa"lt !ay have ca"sed
the da!ae shall be liable for the e)penses. (*22)
Art. +13. All !atters not e)pressly deter!ined by the
provisions of this Chapter shall be overned by the
special Law of 2aters of A""st '& 13,,& and by the
(rriation Law. (*2+a)

C9APT:- 2
=(6:-AL@

Art. +15. =inin clai!s and rihts and other !atters
concernin !inerals and !ineral lands are overned
by special laws. (*2/a)

C9APT:- '
T-AD:1=A-H@ A6D T-AD:16A=:@

Art. +27. A trade1!ark or trade1na!e d"ly reistered
in the proper overn!ent b"rea" or office is owned by
and pertains to the person& corporation& or fir!
reisterin the sa!e& s"b.ect to the provisions of
special laws. (n)
Art. +21. The oodwill of a b"siness is property& and
!ay be transferred toether with the riht to "se the
na!e "nder which the b"siness is cond"cted. (n)
Art. +22. Trade1!arks and trade1na!es are overned
by special laws. (n)

Ti!" V. # POSSESSION
CHAPTER $
POSSESSION AND THE KINDS THEREOF

Art. +2'. Possession is the holdin of a thin or the
en.oy!ent of a riht. (*'7a)
Art. +2*. Possession !ay be e)ercised in one;s own
na!e or in that of another. (*1'a)
Art. +2+. The possession of thins or rihts !ay be
had in one of two concepts< either in the concept of
owner& or in that of the holder of the thin or riht to
keep or en.oy it& the ownership pertainin to another
person. (*'2)
Art. +2,. 9e is dee!ed a possessor in ood faith who
is not aware that there e)ists in his title or !ode of
ac0"isition any flaw which invalidates it.
9e is dee!ed a possessor in bad faith who
possesses in any case contrary to the foreoin.
=istake "pon a do"btf"l or diffic"lt 0"estion of law
!ay be the basis of ood faith. (*''a)
Art. +2/. $ood faith is always pres"!ed& and "pon
hi! who allees bad faith on the part of a possessor
rests the b"rden of proof. (*'*)
Art. +23. Possession ac0"ired in ood faith does not
lose this character e)cept in the case and fro! the
!o!ent facts e)ist which show that the possessor is
not "naware that he possesses the thin i!properly
or wronf"lly. (*'+a)
Art. +25. (t is pres"!ed that possession contin"es to
be en.oyed in the sa!e character in which it was
ac0"ired& "ntil the contrary is proved. (*',)
Art. +'7. #nly thins and rihts which are s"sceptible
of bein appropriated !ay be the ob.ect of
possession. (*'/)

CHAPTER 2
AC,UISITION OF POSSESSION
Art. +'1. Possession is ac0"ired by the !aterial
occ"pation of a thin or the e)ercise of a riht& or by
the fact that it is s"b.ect to the action of o"r will& or by
the proper acts and leal for!alities established for
ac0"irin s"ch riht. (*'3a)
Art. +'2. Possession !ay be ac0"ired by the sa!e
person who is to en.oy it& by his leal representative&
by his aent& or by any person witho"t any power
whatever< b"t in the last case& the possession shall
not be considered as ac0"ired "ntil the person in
whose na!e the act of possession was e)ec"ted has
ratified the sa!e& witho"t pre."dice to the ."ridical
conse0"ences of neotior"! estio in a proper case.
(*'5a)
Art. +''. The possession of hereditary property is
dee!ed trans!itted to the heir witho"t interr"ption
and fro! the !o!ent of the death of the decedent& in
case the inheritance is accepted.
#ne who validly reno"nces an inheritance is dee!ed
never to have possessed the sa!e. (**7)
Art. +'*. #n who s"cceeds by hereditary title shall not
s"ffer the conse0"ences of the wronf"l possession
of the decedent& if it is not shown that he was aware
of the flaws affectin it8 b"t the effects of possession
in ood faith shall not benefit hi! e)cept fro! the
date of the death of the decedent. (**2)
Art. +'+. =inors and incapacitated persons !ay
ac0"ire the possession of thins8 b"t they need the
assistance of their leal representatives in order to
e)ercise the rihts which fro! the possession arise in
their favor. (**')
Art. +',. (n no case !ay possession be ac0"ired
thro"h force or inti!idation as lon as there is a
possessor who ob.ects thereto. 9e who believes that
he has an action or a riht to deprive another of the
holdin of a thin& !"st invoke the aid of the
co!petent co"rt& if the holder sho"ld ref"se to deliver
the thin. (**1a)
Art. +'/. Acts !erely tolerated& and those e)ec"ted
clandestinely and witho"t the knowlede of the
possessor of a thin& or by violence& do not affect
possession. (***)
Art. +'3. Possession as a fact cannot be reconi%ed
at the sa!e ti!e in two different personalities e)cept
in the cases of co1possession. @ho"ld a 0"estion
arise reardin the fact of possession& the present
possessor shall be preferred8 if there are two
possessors& the one loner in possession8 if the dates
of the possession are the sa!e& the one who
presents a title8 and if all these conditions are e0"al&
the thin shall be placed in ."dicial deposit pendin
deter!ination of its possession or ownership thro"h
proper proceedins. (**+)

CHAPTER 3
EFFECTS OF POSSESSION

Art. +'5. :very possessor has a riht to be respected
in his possession8 and sho"ld he be dist"rbed therein
he shall be protected in or restored to said possession
by the !eans established by the laws and the -"les
of Co"rt.
A possessor deprived of his possession thro"h
forcible entry !ay within ten days fro! the filin of the
co!plaint present a !otion to sec"re fro! the
co!petent co"rt& in the action for forcible entry& a writ
of preli!inary !andatory in."nction to restore hi! in
his possession. The co"rt shall decide the !otion
within thirty ('7) days fro! the filin thereof. (**,a)
Art. +*7. #nly the possession ac0"ired and en.oyed in
the concept of owner can serve as a title for ac0"irin
do!inion. (**/)
Art. +*1. A possessor in the concept of owner has in
his favor the leal pres"!ption that he possesses
with a ."st title and he cannot be oblied to show or
prove it. (**3a)
Art. +*2. The possession of real property pres"!es
that of the !ovables therein& so lon as it is not
shown or proved that they sho"ld be e)cl"ded. (**5)
Art. +*'. :ach one of the participants of a thin
possessed in co!!on shall be dee!ed to have
e)cl"sively possessed the part which !ay be allotted
to hi! "pon the division thereof& for the entire period
d"rin which the co1possession lasted. (nterr"ption in
the possession of the whole or a part of a thin
possessed in co!!on shall be to the pre."dice of all
the possessors. 9owever& in case of civil interr"ption&
the -"les of Co"rt shall apply. (*+7a)
Art. +**. A possessor in ood faith is entitled to the
fr"its received before the possession is leally
interr"pted.
6at"ral and ind"strial fr"its are considered received
fro! the ti!e they are athered or severed.
Civil fr"its are dee!ed to accr"e daily and belon to
the possessor in ood faith in that proportion. (*+1)
Art. +*+. (f at the ti!e the ood faith ceases& there
sho"ld be any nat"ral or ind"strial fr"its& the
possessor shall have a riht to a part of the e)penses
of c"ltivation& and to a part of the net harvest& both in
proportion to the ti!e of the possession.
The chares shall be divided on the sa!e basis by
the two possessors.
The owner of the thin !ay& sho"ld he so desire& ive
the possessor in ood faith the riht to finish the
c"ltivation and atherin of the rowin fr"its& as an
inde!nity for his part of the e)penses of c"ltivation
and the net proceeds8 the possessor in ood faith
who for any reason whatever sho"ld ref"se to accept
this concession& shall lose the riht to be inde!nified
in any other !anner. (*+2a)
Art. +*,. 6ecessary e)penses shall be ref"nded to
every possessor8 b"t only the possessor in ood faith
!ay retain the thin "ntil he has been rei!b"rsed
therefor.
?sef"l e)penses shall be ref"nded only to the
possessor in ood faith with the sa!e riht of
retention& the person who has defeated hi! in the
possession havin the option of ref"ndin the a!o"nt
of the e)penses or of payin the increase in val"e
which the thin !ay have ac0"ired by reason thereof.
(*+'a)
Art. +*/. (f the "sef"l i!prove!ents can be re!oved
witho"t da!ae to the principal thin& the possessor
in ood faith !ay re!ove the!& "nless the person
who recovers the possession e)ercises the option
"nder pararaph 2 of the precedin article. (n)
Art. +*3. :)penses for p"re l")"ry or !ere pleas"re
shall not be ref"nded to the possessor in ood faith8
b"t he !ay re!ove the orna!ents with which he has
e!bellished the principal thin if it s"ffers no in."ry
thereby& and if his s"ccessor in the possession does
not prefer to ref"nd the a!o"nt e)pended. (*+*)
Art. +*5. The possessor in bad faith shall rei!b"rse
the fr"its received and those which the leiti!ate
possessor co"ld have received& and shall have a riht
only to the e)penses !entioned in pararaph 1 of
Article +*, and in Article **'. The e)penses inc"rred
in i!prove!ents for p"re l")"ry or !ere pleas"re
shall not be ref"nded to the possessor in bad faith&
b"t he !ay re!ove the ob.ects for which s"ch
e)penses have been inc"rred& provided that the thin
s"ffers no in."ry thereby& and that the lawf"l
possessor does not prefer to retain the! by payin
the val"e they !ay have at the ti!e he enters into
possession. (**+a)
Art. ++7. The costs of litiation over the property shall
be borne by every possessor. (n)
Art. ++1. (!prove!ents ca"sed by nat"re or ti!e
shall always ins"re to the benefit of the person who
has s"cceeded in recoverin possession. (*+,)
Art. ++2. A possessor in ood faith shall not be liable
for the deterioration or loss of the thin possessed&
e)cept in cases in which it is proved that he has acted
with fra"d"lent intent or nelience& after the ."dicial
s"!!ons.
A possessor in bad faith shall be liable for
deterioration or loss in every case& even if ca"sed by
a fort"ito"s event. (*+/a)
Art. ++'. #ne who recovers possession shall not be
oblied to pay for i!prove!ents which have ceased
to e)ist at the ti!e he takes possession of the thin.
(*+3)
Art. ++*. A present possessor who shows his
possession at so!e previo"s ti!e& is pres"!ed to
have held possession also d"rin the inter!ediate
period& in the absence of proof to the contrary. (*+5)
Art. +++. A possessor !ay lose his possession<
(1) By the abandon!ent of the thin8
(2) By an assin!ent !ade to another either by
onero"s or rat"ito"s title8
(') By the destr"ction or total loss of the thin& or
beca"se it oes o"t of co!!erce8
(*) By the possession of another& s"b.ect to the
provisions of Article +'/& if the new possession has
lasted loner than one year. B"t the real riht of
possession is not lost till after the lapse of ten years.
(*,7a)
Art. ++,. The possession of !ovables is not dee!ed
lost so lon as they re!ain "nder the control of the
possessor& even tho"h for the ti!e bein he !ay not
know their whereabo"ts. (*,1)
Art. ++/. The possession of i!!ovables and of real
rihts is not dee!ed lost& or transferred for p"rposes
of prescription to the pre."dice of third persons&
e)cept in accordance with the provisions of the
=ortae Law and the Land -eistration laws. (*,2a)
Art. ++3. Acts relatin to possession& e)ec"ted or
areed to by one who possesses a thin belonin to
another as a !ere holder to en.oy or keep it& in any
character& do not bind or pre."dice the owner& "nless
he ave said holder e)press a"thority to do s"ch acts&
or ratifies the! s"bse0"ently. (*,')
Art. ++5. The possession of !ovable property
ac0"ired in ood faith is e0"ivalent to a title.
6evertheless& one who has lost any !ovable or has
been "nlawf"lly deprived thereof !ay recover it fro!
the person in possession of the sa!e.
(f the possessor of a !ovable lost or which the owner
has been "nlawf"lly deprived& has ac0"ired it in ood
faith at a p"blic sale& the owner cannot obtain its
ret"rn witho"t rei!b"rsin the price paid therefor.
(*,*a)
Art. +,7. 2ild ani!als are possessed only while they
are "nder one;s control8 do!esticated or ta!ed
ani!als are considered do!estic or ta!e if they
retain the habit of ret"rnin to the pre!ises of the
possessor. (*,+)
Art. +,1. #ne who recovers& accordin to law&
possession "n."stly lost& shall be dee!ed for all
p"rposes which !ay redo"nd to his benefit& to have
en.oyed it witho"t interr"ption. (*,,)

Ti!" VI. # USUFRUCT
CHAPTER $
USUFRUCT IN %ENERAL

Art. +,2. ?s"fr"ct ives a riht to en.oy the property of
another with the obliation of preservin its for! and
s"bstance& "nless the title constit"tin it or the law
otherwise provides. (*,/)
Art. +,'. ?s"fr"ct is constit"ted by law& by the will of
private persons e)pressed in acts inter vivos or in a
last will and testa!ent& and by prescription. (*,3)
Art. +,*. ?s"fr"ct !ay be constit"ted on the whole or
a part of the fr"its of the thin& in favor of one !ore
persons& si!"ltaneo"sly or s"ccessively& and in every
case fro! or to a certain day& p"rely or conditionally.
(t !ay also be constit"ted on a riht& provided it is not
strictly personal or intrans!issible. (*,5)
Art. +,+. The rihts and obliations of the
"s"fr"ct"ary shall be those provided in the title
constit"tin the "s"fr"ct8 in defa"lt of s"ch title& or in
case it is deficient& the provisions contained in the two
followin Chapters shall be observed. (*/7)

CHAPTER 2
RI%HTS OF THE USUFRUCTUARY

Art. +,,. The "s"fr"ct"ary shall be entitled to all the
nat"ral& ind"strial and civil fr"its of the property in
"s"fr"ct. 2ith respect to hidden treas"re which !ay
be fo"nd on the land or tene!ent& he shall be
considered a straner. (*/1)
Art. +,/. 6at"ral or ind"strial fr"its rowin at the ti!e
the "s"fr"ct beins& belon to the "s"fr"ct"ary.
Those rowin at the ti!e the "s"fr"ct ter!inates&
belon to the owner.
(n the precedin cases& the "s"fr"ct"ary& at the
beinnin of the "s"fr"ct& has no obliation to ref"nd
to the owner any e)penses inc"rred8 b"t the owner
shall be oblied to rei!b"rse at the ter!ination of the
"s"fr"ct& fro! the proceeds of the rowin fr"its& the
ordinary e)penses of c"ltivation& for seed& and other
si!ilar e)penses inc"rred by the "s"fr"ct"ary.
The provisions of this article shall not pre."dice the
rihts of third persons& ac0"ired either at the
beinnin or at the ter!ination of the "s"fr"ct. (*/2)
Art. +,3. (f the "s"fr"ct"ary has leased the lands or
tene!ents iven in "s"fr"ct& and the "s"fr"ct sho"ld
e)pire before the ter!ination of the lease& he or his
heirs and s"ccessors shall receive only the
proportionate share of the rent that !"st be paid by
the lessee. (*/')
Art. +,5. Civil fr"its are dee!ed to accr"e daily& and
belon to the "s"fr"ct"ary in proportion to the ti!e
the "s"fr"ct !ay last. (*/*)
Art. +/7. 2henever a "s"fr"ct is constit"ted on the
riht to receive a rent or periodical pension& whether
in !oney or in fr"its& or in the interest on bonds or
sec"rities payable to bearer& each pay!ent d"e shall
be considered as the proceeds or fr"its of s"ch riht.
2henever it consists in the en.oy!ent of benefits
accr"in fro! a participation in any ind"strial or
co!!ercial enterprise& the date of the distrib"tion of
which is not fi)ed& s"ch benefits shall have the sa!e
character.
(n either case they shall be distrib"ted as civil fr"its&
and shall be applied in the !anner prescribed in the
precedin article. (*/+)
Art. +/1. The "s"fr"ct"ary shall have the riht to
en.oy any increase which the thin in "s"fr"ct !ay
ac0"ire thro"h accession& the servit"des established
in its favor& and& in eneral& all the benefits inherent
therein. (*/5)
Art. +/2. The "s"fr"ct"ary !ay personally en.oy the
thin in "s"fr"ct& lease it to another& or alienate his
riht of "s"fr"ct& even by a rat"ito"s title8 b"t all the
contracts he !ay enter into as s"ch "s"fr"ct"ary shall
ter!inate "pon the e)piration of the "s"fr"ct& savin
leases of r"ral lands& which shall be considered as
s"bsistin d"rin the aric"lt"ral year. (*37)
Art. +/'. 2henever the "s"fr"ct incl"des thins
which& witho"t bein cons"!ed& rad"ally deteriorate
thro"h wear and tear& the "s"fr"ct"ary shall have the
riht to !ake "se thereof in accordance with the
p"rpose for which they are intended& and shall not be
oblied to ret"rn the! at the ter!ination of the
"s"fr"ct e)cept in their condition at that ti!e8 b"t he
shall be oblied to inde!nify the owner for any
deterioration they !ay have s"ffered by reason of his
fra"d or nelience. (*31)
Art. +/*. 2henever the "s"fr"ct incl"des thins which
cannot be "sed witho"t bein cons"!ed& the
"s"fr"ct"ary shall have the riht to !ake "se of the!
"nder the obliation of payin their appraised val"e at
the ter!ination of the "s"fr"ct& if they were appraised
when delivered. (n case they were not appraised& he
shall have the riht to ret"rn at the sa!e 0"antity and
0"ality& or pay their c"rrent price at the ti!e the
"s"fr"ct ceases. (*32)
Art. +/+. The "s"fr"ct"ary of fr"it1bearin trees and
shr"bs !ay !ake "se of the dead tr"nks& and even of
those c"t off or "prooted by accident& "nder the
obliation to replace the! with new plants. (*3'a)
Art. +/,. (f in conse0"ence of a cala!ity or
e)traordinary event& the trees or shr"bs shall have
disappeared in s"ch considerable n"!ber that it
wo"ld not be possible or it wo"ld be too b"rdenso!e
to replace the!& the "s"fr"ct"ary !ay leave the dead&
fallen or "prooted tr"nks at the disposal of the owner&
and de!and that the latter re!ove the! and clear the
land. (*3*a)
Art. +//. The "s"fr"ct"ary of woodland !ay en.oy all
the benefits which it !ay prod"ce accordin to its
nat"re.
(f the woodland is a copse or consists of ti!ber for
b"ildin& the "s"fr"ct"ary !ay do s"ch ordinary
c"ttin or fellin as the owner was in the habit of
doin& and in defa"lt of this& he !ay do so in
accordance with the c"sto! of the place& as to the
!anner& a!o"nt and season.
(n any case the fellin or c"ttin of trees shall be
!ade in s"ch !anner as not to pre."dice the
preservation of the land.
(n n"rseries& the "s"fr"ct"ary !ay !ake the
necessary thinnins in order that the re!ainin trees
!ay properly row.
2ith the e)ception of the provisions of the precedin
pararaphs& the "s"fr"ct"ary cannot c"t down trees
"nless it be to restore or i!prove so!e of the thins
in "s"fr"ct& and in s"ch case shall first infor! the
owner of the necessity for the work. (*3+)
Art. +/3. The "s"fr"ct"ary of an action to recover real
property or a real riht& or any !ovable property& has
the riht to brin the action and to oblie the owner
thereof to ive hi! the a"thority for this p"rpose and
to f"rnish hi! whatever proof he !ay have. (f in
conse0"ence of the enforce!ent of the action he
ac0"ires the thin clai!ed& the "s"fr"ct shall be
li!ited to the fr"its& the do!inion re!ainin with the
owner. (*3,)
Art. +/5. The "s"fr"ct"ary !ay !ake on the property
held in "s"fr"ct s"ch "sef"l i!prove!ents or
e)penses for !ere pleas"re as he !ay dee! proper&
provided he does not alter its for! or s"bstance8 b"t
he shall have no riht to be inde!nified therefor. 9e
!ay& however& re!ove s"ch i!prove!ents& sho"ld it
be possible to do so witho"t da!ae to the property.
(*3/)
Art. +37. The "s"fr"ct"ary !ay set off the
i!prove!ents he !ay have !ade on the property
aainst any da!ae to the sa!e. (*33)
Art. +31. The owner of property the "s"fr"ct of which
is held by another& !ay alienate it& b"t he cannot alter
its for! or s"bstance& or do anythin thereon which
!ay be pre."dicial to the "s"fr"ct"ary. (*35)
Art. +32. The "s"fr"ct"ary of a part of a thin held in
co!!on shall e)ercise all the rihts pertainin to the
owner thereof with respect to the ad!inistration and
the collection of fr"its or interest. @ho"ld the co1
ownership cease by reason of the division of the thin
held in co!!on& the "s"fr"ct of the part allotted to the
co1owner shall belon to the "s"fr"ct"ary. (*57)

CHAPTER 3
OBLI%ATIONS OF THE USUFRUCTUARY

Art. +3'. The "s"fr"ct"ary& before enterin "pon the
en.oy!ent of the property& is oblied<
(1) To !ake& after notice to the owner or his leiti!ate
representative& an inventory of all the property& which
shall contain an appraisal of the !ovables and a
description of the condition of the i!!ovables8
(2) To ive sec"rity& bindin hi!self to f"lfill the
obliations i!posed "pon hi! in accordance with this
Chapter. (*51)
Art. +3*. The provisions of 6o. 2 of the precedin
article shall not apply to the donor who has reserved
the "s"fr"ct of the property donated& or to the parents
who are "s"fr"ct"aries of their children;s property&
e)cept when the parents contract a second !arriae.
(*52a)
Art. +3+. The "s"fr"ct"ary& whatever !ay be the title
of the "s"fr"ct& !ay be e)c"sed fro! the obliation of
!akin an inventory or of ivin sec"rity& when no
one will be in."red thereby. (*5')
Art. +3,. @ho"ld the "s"fr"ct"ary fail to ive sec"rity
in the cases in which he is bo"nd to ive it& the owner
!ay de!and that the i!!ovables be placed "nder
ad!inistration& that the !ovables be sold& that the
p"blic bonds& instr"!ents of credit payable to order or
to bearer be converted into reistered certificates or
deposited in a bank or p"blic instit"tion& and that the
capital or s"!s in cash and the proceeds of the sale
of the !ovable property be invested in safe sec"rities.
The interest on the proceeds of the sale of the
!ovables and that on p"blic sec"rities and bonds&
and the proceeds of the property placed "nder
ad!inistration& shall belon to the "s"fr"ct"ary.
A"rther!ore& the owner !ay& if he so prefers& "ntil the
"s"fr"ct"ary ives sec"rity or is e)c"sed fro! so
doin& retain in his possession the property in "s"fr"ct
as ad!inistrator& s"b.ect to the obliation to deliver to
the "s"fr"ct"ary the net proceeds thereof& after
ded"ctin the s"!s which !ay be areed "pon or
."dicially allowed hi! for s"ch ad!inistration. (*5*)
Art. +3/. (f the "s"fr"ct"ary who has not iven
sec"rity clai!s& by virt"e of a pro!ise "nder oath& the
delivery of the f"rnit"re necessary for his "se& and
that he and his fa!ily be allowed to live in a ho"se
incl"ded in the "s"fr"ct& the co"rt !ay rant this
petition& after d"e consideration of the facts of the
case.
The sa!e r"le shall be observed with respect to
i!ple!ents& tools and other !ovable property
necessary for an ind"stry or vocation in which he is
enaed.
(f the owner does not wish that certain articles be sold
beca"se of their artistic worth or beca"se they have a
senti!ental val"e& he !ay de!and their delivery to
hi! "pon his ivin sec"rity for the pay!ent of the
leal interest on their appraised val"e. (*5+)
Art. +33. After the sec"rity has been iven by the
"s"fr"ct"ary& he shall have a riht to all the proceeds
and benefits fro! the day on which& in accordance
with the title constit"tin the "s"fr"ct& he sho"ld have
co!!enced to receive the!. (*5,)
Art. +35. The "s"fr"ct"ary shall take care of the
thins iven in "s"fr"ct as a ood father of a fa!ily.
(*5/)
Art. +57. A "s"fr"ct"ary who alienates or leases his
riht of "s"fr"ct shall answer for any da!ae which
the thins in "s"fr"ct !ay s"ffer thro"h the fa"lt or
nelience of the person who s"bstit"tes hi!. (*53)
Art. +51. (f the "s"fr"ct be constit"ted on a flock or
herd of livestock& the "s"fr"ct"ary shall be oblied to
replace with the yo"n thereof the ani!als that die
each year fro! nat"ral ca"ses& or are lost d"e to the
rapacity of beasts of prey.
(f the ani!als on which the "s"fr"ct is constit"ted
sho"ld all perish& witho"t the fa"lt of the "s"fr"ct"ary&
on acco"nt of so!e contaio"s disease or any other
"nco!!on event& the "s"fr"ct"ary shall f"lfill his
obliation by deliverin to the owner the re!ains
which !ay have been saved fro! the !isfort"ne.
@ho"ld the herd or flock perish in part& also by
accident and witho"t the fa"lt of the "s"fr"ct"ary& the
"s"fr"ct shall contin"e on the part saved.
@ho"ld the "s"fr"ct be on sterile ani!als& it shall be
considered& with respect to its effects& as tho"h
constit"ted on f"nible thins. (*55a)
Art. +52. The "s"fr"ct"ary is oblied to !ake the
ordinary repairs needed by the thin iven in "s"fr"ct.
By ordinary repairs are "nderstood s"ch as are
re0"ired by the wear and tear d"e to the nat"ral "se
of the thin and are indispensable for its preservation.
@ho"ld the "s"fr"ct"ary fail to !ake the! after
de!and by the owner& the latter !ay !ake the! at
the e)pense of the "s"fr"ct"ary. (+77)
Art. +5'. :)traordinary repairs shall be at the e)pense
of the owner. The "s"fr"ct"ary is oblied to notify the
owner when the need for s"ch repairs is "rent. (+71)
Art. +5*. (f the owner sho"ld !ake the e)traordinary
repairs& he shall have a riht to de!and of the
"s"fr"ct"ary the leal interest on the a!o"nt
e)pended for the ti!e that the "s"fr"ct lasts.
@ho"ld he not !ake the! when they are
indispensable for the preservation of the thin& the
"s"fr"ct"ary !ay !ake the!8 b"t he shall have a
riht to de!and of the owner& at the ter!ination of the
"s"fr"ct& the increase in val"e which the i!!ovable
!ay have ac0"ired by reason of the repairs. (+72a)
Art. +5+. The owner !ay constr"ct any works and
!ake any i!prove!ents of which the i!!ovable in
"s"fr"ct is s"sceptible& or !ake new plantins
thereon if it be r"ral& provided that s"ch acts do not
ca"se a di!in"tion in the val"e of the "s"fr"ct or
pre."dice the riht of the "s"fr"ct"ary. (+7')
Art. +5,. The pay!ent of ann"al chares and ta)es
and of those considered as a lien on the fr"its& shall
be at the e)pense of the "s"fr"ct"ary for all the ti!e
that the "s"fr"ct lasts. (+7*)
Art. +5/. The ta)es which& d"rin the "s"fr"ct& !ay be
i!posed directly on the capital& shall be at the
e)pense of the owner.
(f the latter has paid the!& the "s"fr"ct"ary shall pay
hi! the proper interest on the s"!s which !ay have
been paid in that character8 and& if the said s"!s
have been advanced by the "s"fr"ct"ary& he shall
recover the a!o"nt thereof at the ter!ination of the
"s"fr"ct. (+7+)
Art. +53. (f the "s"fr"ct be constit"ted on the whole of
a patri!ony& and if at the ti!e of its constit"tion the
owner has debts& the provisions of Articles /+3 and
/+5 relatin to donations shall be applied& both with
respect to the !aintenance of the "s"fr"ct and to the
obliation of the "s"fr"ct"ary to pay s"ch debts.
The sa!e r"le shall be applied in case the owner is
oblied& at the ti!e the "s"fr"ct is constit"ted& to
!ake periodical pay!ents& even if there sho"ld be no
known capital. (+7,)
Art. +55. The "s"fr"ct"ary !ay clai! any !at"red
credits which for! a part of the "s"fr"ct if he has
iven or ives the proper sec"rity. (f he has been
e)c"sed fro! ivin sec"rity or has been able to ive
it& or if that iven is not s"fficient& he shall need the
a"thori%ation of the owner& or of the co"rt in defa"lt
thereof& to collect s"ch credits.
The "s"fr"ct"ary who has iven sec"rity !ay "se the
capital he has collected in any !anner he !ay dee!
proper. The "s"fr"ct"ary who has not iven sec"rity
shall invest the said capital at interest "pon
aree!ent with the owner8 in defa"lt of s"ch
aree!ent& with ."dicial a"thori%ation8 and& in every
case& with sec"rity s"fficient to preserve the interity
of the capital in "s"fr"ct. (+7/)
Art. ,77. The "s"fr"ct"ary of a !ortaed i!!ovable
shall not be oblied to pay the debt for the sec"rity of
which the !ortae was constit"ted.
@ho"ld the i!!ovable be attached or sold ."dicially
for the pay!ent of the debt& the owner shall be liable
to the "s"fr"ct"ary for whatever the latter !ay lose by
reason thereof. (+75)
Art. ,71. The "s"fr"ct"ary shall be oblied to notify
the owner of any act of a third person& of which he
!ay have knowlede& that !ay be pre."dicial to the
rihts of ownership& and he shall be liable sho"ld he
not do so& for da!aes& as if they had been ca"sed
thro"h his own fa"lt. (+11)
Art. ,72. The e)penses& costs and liabilities in s"its
bro"ht with reard to the "s"fr"ct shall be borne by
the "s"fr"ct"ary. (+12)

CHAPTER (
E'TIN%UISHMENT OF USUFRUCT

Art. ,7'. ?s"fr"ct is e)tin"ished<
(1) By the death of the "s"fr"ct"ary& "nless a contrary
intention clearly appears8
(2) By the e)piration of the period for which it was
constit"ted& or by the f"lfill!ent of any resol"tory
condition provided in the title creatin the "s"fr"ct8
(') By !erer of the "s"fr"ct and ownership in the
sa!e person8
(*) By ren"nciation of the "s"fr"ct"ary8
(+) By the total loss of the thin in "s"fr"ct8
(,) By the ter!ination of the riht of the person
constit"tin the "s"fr"ct8
(/) By prescription. (+1'a)
Art. ,7*. (f the thin iven in "s"fr"ct sho"ld be lost
only in part& the riht shall contin"e on the re!ainin
part. (+1*)
Art. ,7+. ?s"fr"ct cannot be constit"ted in favor of a
town& corporation& or association for !ore than fifty
years. (f it has been constit"ted& and before the
e)piration of s"ch period the town is abandoned& or
the corporation or association is dissolved& the
"s"fr"ct shall be e)tin"ished by reason thereof.
(+1+a)
Art. ,7,. A "s"fr"ct ranted for the ti!e that !ay
elapse before a third person attains a certain ae&
shall s"bsist for the n"!ber of years specified& even if
the third person sho"ld die before the period e)pires&
"nless s"ch "s"fr"ct has been e)pressly ranted only
in consideration of the e)istence of s"ch person.
(+1,)
Art. ,7/. (f the "s"fr"ct is constit"ted on i!!ovable
property of which a b"ildin for!s part& and the latter
sho"ld be destroyed in any !anner whatsoever& the
"s"fr"ct"ary shall have a riht to !ake "se of the
land and the !aterials.
The sa!e r"le shall be applied if the "s"fr"ct is
constit"ted on a b"ildin only and the sa!e sho"ld be
destroyed. B"t in s"ch a case& if the owner sho"ld
wish to constr"ct another b"ildin& he shall have a
riht to occ"py the land and to !ake "se of the
!aterials& bein oblied to pay to the "s"fr"ct"ary&
d"rin the contin"ance of the "s"fr"ct& the interest
"pon the s"! e0"ivalent to the val"e of the land and
of the !aterials. (+1/)
Art. ,73. (f the "s"fr"ct"ary shares with the owner the
ins"rance of the tene!ent iven in "s"fr"ct& the
for!er shall& in case of loss& contin"e in the
en.oy!ent of the new b"ildin& sho"ld one be
constr"cted& or shall receive the interest on the
ins"rance inde!nity if the owner does not wish to
reb"ild.
@ho"ld the "s"fr"ct"ary have ref"sed to contrib"te to
the ins"rance& the owner ins"rin the tene!ent alone&
the latter shall receive the f"ll a!o"nt of the ins"rance
inde!nity in case of loss& savin always the riht
ranted to the "s"fr"ct"ary in the precedin article.
(+13a)
Art. ,75. @ho"ld the thin in "s"fr"ct be e)propriated
for p"blic "se& the owner shall be oblied either to
replace it with another thin of the sa!e val"e and of
si!ilar conditions& or to pay the "s"fr"ct"ary the leal
interest on the a!o"nt of the inde!nity for the whole
period of the "s"fr"ct. (f the owner chooses the latter
alternative& he shall ive sec"rity for the pay!ent of
the interest. (+15)
Art. ,17. A "s"fr"ct is not e)tin"ished by bad "se of
the thin in "s"fr"ct8 b"t if the ab"se sho"ld ca"se
considerable in."ry to the owner& the latter !ay
de!and that the thin be delivered to hi!& bindin
hi!self to pay ann"ally to the "s"fr"ct"ary the net
proceeds of the sa!e& after ded"ctin the e)penses
and the co!pensation which !ay be allowed hi! for
its ad!inistration. (+27)
Art. ,11. A "s"fr"ct constit"ted in favor of several
persons livin at the ti!e of its constit"tion shall not
be e)tin"ished "ntil death of the last s"rvivor. (+21)
Art. ,12. ?pon the ter!ination of the "s"fr"ct& the
thin in "s"fr"ct shall be delivered to the owner&
witho"t pre."dice to the riht of retention pertainin to
the "s"fr"ct"ary or his heirs for ta)es and
e)traordinary e)penses which sho"ld be rei!b"rsed.
After the delivery has been !ade& the sec"rity or
!ortae shall be cancelled. (+22a)
Ti!" VII. # EASEMENTS OF SERVITUDES
CHAPTER $
EASEMENTS IN %ENERAL

@:CT(#6 1. 1 Different Hinds of :ase!ents

Art. ,1'. An ease!ent or servit"de is an
enc"!brance i!posed "pon an i!!ovable for the
benefit of another i!!ovable belonin to a different
owner.
The i!!ovable in favor of which the ease!ent is
established is called the do!inant estate8 that which
is s"b.ect thereto& the servient estate. (+'7)
Art. ,1*. @ervit"des !ay also be established for the
benefit of a co!!"nity& or of one or !ore persons to
who! the enc"!bered estate does not belon. (+'1)
Art. ,1+. :ase!ents !ay be contin"o"s or
discontin"o"s& apparent or nonapparent.
Contin"o"s ease!ents are those the "se of which is
or !ay be incessant& witho"t the intervention of any
act of !an.
Discontin"o"s ease!ents are those which are "sed
at intervals and depend "pon the acts of !an.
Apparent ease!ents are those which are !ade
known and are contin"ally kept in view by e)ternal
sins that reveal the "se and en.oy!ent of the sa!e.
6onapparent ease!ents are those which show no
e)ternal indication of their e)istence. (+'2)
Art. ,1,. :ase!ents are also positive or neative.
A positive ease!ent is one which i!poses "pon the
owner of the servient estate the obliation of allowin
so!ethin to be done or of doin it hi!self& and a
neative ease!ent& that which prohibits the owner of
the servient estate fro! doin so!ethin which he
co"ld lawf"lly do if the ease!ent did not e)ist. (+'')
Art. ,1/. :ase!ents are inseparable fro! the estate
to which they actively or passively belon. (+'*)
Art. ,13. :ase!ents are indivisible. (f the servient
estate is divided between two or !ore persons& the
ease!ent is not !odified& and each of the! !"st
bear it on the part which corresponds to hi!.
(f it is the do!inant estate that is divided between two
or !ore persons& each of the! !ay "se the
ease!ent in its entirety& witho"t chanin the place of
its "se& or !akin it !ore b"rdenso!e in any other
way. (+'+)
Art. ,15. :ase!ents are established either by law or
by the will of the owners. The for!er are called leal
and the latter vol"ntary ease!ents. (+',)

@:CT(#6 2. 1 =odes of Ac0"irin :ase!ents

Art. ,27. Contin"o"s and apparent ease!ents are
ac0"ired either by virt"e of a title or by prescription of
ten years. (+'/a)
Art. ,21. (n order to ac0"ire by prescription the
ease!ents referred to in the precedin article& the
ti!e of possession shall be co!p"ted th"s< in positive
ease!ents& fro! the day on which the owner of the
do!inant estate& or the person who !ay have !ade
"se of the ease!ent& co!!enced to e)ercise it "pon
the servient estate8 and in neative ease!ents& fro!
the day on which the owner of the do!inant estate
forbade& by an instr"!ent acknowleded before a
notary p"blic& the owner of the servient estate& fro!
e)ec"tin an act which wo"ld be lawf"l witho"t the
ease!ent. (+'3a)
Art. ,22. Contin"o"s nonapparent ease!ents& and
discontin"o"s ones& whether apparent or not& !ay be
ac0"ired only by virt"e of a title. (+'5)
Art. ,2'. The absence of a doc"!ent or proof
showin the oriin of an ease!ent which cannot be
ac0"ired by prescription !ay be c"red by a deed of
reconition by the owner of the servient estate or by a
final ."d!ent. (+*7a)
Art. ,2*. The e)istence of an apparent sin of
ease!ent between two estates& established or
!aintained by the owner of both& shall be considered&
sho"ld either of the! be alienated& as a title in order
that the ease!ent !ay contin"e actively and
passively& "nless& at the ti!e the ownership of the two
estates is divided& the contrary sho"ld be provided in
the title of conveyance of either of the!& or the sin
aforesaid sho"ld be re!oved before the e)ec"tion of
the deed. This provision shall also apply in case of the
division of a thin owned in co!!on by two or !ore
persons. (+*1a)
Art. ,2+. ?pon the establish!ent of an ease!ent& all
the rihts necessary for its "se are considered
ranted. (+*2)
Art. ,2,. The owner of the do!inant estate cannot
"se the ease!ent e)cept for the benefit of the
i!!ovable oriinally conte!plated. 6either can he
e)ercise the ease!ent in any other !anner than that
previo"sly established. (n)

@:CT(#6 '. 1 -ihts and #bliations
of the #wners of the Do!inant and @ervient :states

Art. ,2/. The owner of the do!inant estate !ay
!ake& at his own e)pense& on the servient state any
works necessary for the "se and preservation of the
servit"de& b"t witho"t alterin it or renderin it !ore
b"rdenso!e.
Aor this p"rpose he shall notify the owner of the
servient estate& and shall choose the !ost convenient
ti!e and !anner so as to ca"se the least
inconvenience to the owner of the servient estate.
(+*'a)
Art. ,23. @ho"ld there be several do!inant estates&
the owners of all of the! shall be oblied to contrib"te
to the e)penses referred to in the precedin article& in
proportion to the benefits which each !ay derive fro!
the work. Any one who does not wish to contrib"te
!ay e)e!pt hi!self by reno"ncin the ease!ent for
the benefit of the others.
(f the owner of the servient estate sho"ld !ake "se of
the ease!ent in any !anner whatsoever& he shall
also be oblied to contrib"te to the e)penses in the
proportion stated& savin an aree!ent to the
contrary. (+**)
Art. ,25. The owner of the servient estate cannot
i!pair& in any !anner whatsoever& the "se of the
servit"de.
6evertheless& if by reason of the place oriinally
assined& or of the !anner established for the "se of
the ease!ent& the sa!e sho"ld beco!e very
inconvenient to the owner of the servient estate& or
sho"ld prevent hi! fro! !akin any i!portant works&
repairs or i!prove!ents thereon& it !ay be chaned
at his e)pense& provided he offers another place or
!anner e0"ally convenient and in s"ch a way that no
in."ry is ca"sed thereby to the owner of the do!inant
estate or to those who !ay have a riht to the "se of
the ease!ent. (+*+)
Art. ,'7. The owner of the servient estate retains the
ownership of the portion on which the ease!ent is
established& and !ay "se the sa!e in s"ch a !anner
as not to affect the e)ercise of the ease!ent. (n)

@:CT(#6 *. 1 =odes of :)tin"ish!ent of
:ase!ents
Art. ,'1. :ase!ents are e)tin"ished<
(1) By !erer in the sa!e person of the ownership of
the do!inant and servient estates8
(2) By non"ser for ten years8 with respect to
discontin"o"s ease!ents& this period shall be
co!p"ted fro! the day on which they ceased to be
"sed8 and& with respect to contin"o"s ease!ents&
fro! the day on which an act contrary to the sa!e
took place8
(') 2hen either or both of the estates fall into s"ch
condition that the ease!ent cannot be "sed8 b"t it
shall revive if the s"bse0"ent condition of the estates
or either of the! sho"ld aain per!it its "se& "nless
when the "se beco!es possible& s"fficient ti!e for
prescription has elapsed& in accordance with the
provisions of the precedin n"!ber8
(*) By the e)piration of the ter! or the f"lfill!ent of
the condition& if the ease!ent is te!porary or
conditional8
(+) By the ren"nciation of the owner of the do!inant
estate8
(,) By the rede!ption areed "pon between the
owners of the do!inant and servient estates. (+*,a)
Art. ,'2. The for! or !anner of "sin the ease!ent
!ay prescribe as the ease!ent itself& and in the sa!e
way. (+*/a)
Art. ,''. (f the do!inant estate belons to several
persons in co!!on& the "se of the ease!ent by any
one of the! prevents prescription with respect to the
others. (+*3)

CHAPTER 2
LE%AL EASEMENTS

@:CT(#6 1. 1 $eneral Provisions

Art. ,'*. :ase!ents i!posed by law have for their
ob.ect either p"blic "se or the interest of private
persons. (+*5)
Art. ,'+. All !atters concernin ease!ents
established for p"blic or co!!"nal "se shall be
overned by the special laws and re"lations relatin
thereto& and& in the absence thereof& by the provisions
of this Title. (++7)
Art. ,',. :ase!ents established by law in the interest
of private persons or for private "se shall be overned
by the provisions of this Title& witho"t pre."dice to the
provisions of eneral or local laws and ordinances for
the eneral welfare.
These ease!ents !ay be !odified by aree!ent of
the interested parties& whenever the law does not
prohibit it or no in."ry is s"ffered by a third person.
(++1a)

@:CT(#6 2. 1 :ase!ents -elatin to 2aters

Art. ,'/. Lower estates are oblied to receive the
waters which nat"rally and witho"t the intervention of
!an descend fro! the hiher estates& as well as the
stones or earth which they carry with the!.
The owner of the lower estate cannot constr"ct works
which will i!pede this ease!ent8 neither can the
owner of the hiher estate !ake works which will
increase the b"rden. (++2)
Art. ,'3. The banks of rivers and strea!s& even in
case they are of private ownership& are s"b.ect
thro"ho"t their entire lenth and within a %one of
three !eters alon their !arins& to the ease!ent of
p"blic "se in the eneral interest of naviation&
floatae& fishin and salvae.
:states ad.oinin the banks of naviable or floatable
rivers are& f"rther!ore& s"b.ect to the ease!ent of
towpath for the e)cl"sive service of river naviation
and floatae.
(f it be necessary for s"ch p"rpose to occ"py lands of
private ownership& the proper inde!nity shall first be
paid. (++'a)
Art. ,'5. 2henever for the diversion or takin of water
fro! a river or brook& or for the "se of any other
contin"o"s or discontin"o"s strea!& it sho"ld be
necessary to b"ild a da!& and the person who is to
constr"ct it is not the owner of the banks& or lands
which !"st s"pport it& he !ay establish the ease!ent
of ab"t!ent of a da!& after pay!ent of the proper
inde!nity. (++*)
Art. ,*7. Co!p"lsory ease!ents for drawin water or
for waterin ani!als can be i!posed only for reasons
of p"blic "se in favor of a town or villae& after
pay!ent of the proper inde!nity. (+++)
Art. ,*1. :ase!ents for drawin water and for
waterin ani!als carry with the! the obliation of the
owners of the servient estates to allow passae to
persons and ani!als to the place where s"ch
ease!ents are to be "sed& and the inde!nity shall
incl"de this service. (++,)
Art. ,*2. Any person who !ay wish to "se "pon his
own estate any water of which he can dispose shall
have the riht to !ake it flow thro"h the intervenin
estates& with the obliation to inde!nify their owners&
as well as the owners of the lower estates "pon which
the waters !ay filter or descend. (++/)
Art. ,*'. #ne desirin to !ake "se of the riht
ranted in the precedin article is oblied<
(1) To prove that he can dispose of the water and that
it is s"fficient for the "se for which it is intended8
(2) To show that the proposed riht of way is the !ost
convenient and the least onero"s to third persons8
(') To inde!nify the owner of the servient estate in
the !anner deter!ined by the laws and re"lations.
(++3)
Art. ,**. The ease!ent of a0"ed"ct for private
interest cannot be i!posed on b"ildins& co"rtyards&
anne)es& or o"tho"ses& or on orchards or ardens
already e)istin. (++5)
Art. ,*+. The ease!ent of a0"ed"ct does not prevent
the owner of the servient estate fro! closin or
fencin it& or fro! b"ildin over the a0"ed"ct in s"ch
!anner as not to ca"se the latter any da!ae& or
render necessary repairs and cleanins i!possible.
(+,7)
Art. ,*,. Aor leal p"rposes& the ease!ent of
a0"ed"ct shall be considered as contin"o"s and
apparent& even tho"h the flow of the water !ay not
be contin"o"s& or its "se depends "pon the needs of
the do!inant estate& or "pon a sched"le of alternate
days or ho"rs. (+,1)
Art. ,*/. #ne who for the p"rpose of irriatin or
i!provin his estate& has to constr"ct a stop lock or
sl"ice ate in the bed of the strea! fro! which the
water is to be taken& !ay de!and that the owners of
the banks per!it its constr"ction& after pay!ent of
da!aes& incl"din those ca"sed by the new
ease!ent to s"ch owners and to the other irriators.
(+,2)
Art. ,*3. The establish!ent& e)tent& for! and
conditions of the servit"des of waters& to which this
section refers& shall be overned by the special laws
relatin thereto insofar as no provision therefor is
!ade in this Code. (+,'a)

@:CT(#6 '. 1 :ase!ent of -iht of 2ay

Art. ,*5. The owner& or any person who by virt"e of a
real riht !ay c"ltivate or "se any i!!ovable& which
is s"rro"nded by other i!!ovables pertainin to other
persons and witho"t ade0"ate o"tlet to a p"blic
hihway& is entitled to de!and a riht of way thro"h
the neihborin estates& after pay!ent of the proper
inde!nity.
@ho"ld this ease!ent be established in s"ch a
!anner that its "se !ay be contin"o"s for all the
needs of the do!inant estate& establishin a
per!anent passae& the inde!nity shall consist of the
val"e of the land occ"pied and the a!o"nt of the
da!ae ca"sed to the servient estate.
(n case the riht of way is li!ited to the necessary
passae for the c"ltivation of the estate s"rro"nded
by others and for the atherin of its crops thro"h
the servient estate witho"t a per!anent way& the
inde!nity shall consist in the pay!ent of the da!ae
ca"sed by s"ch enc"!brance.
This ease!ent is not co!p"lsory if the isolation of the
i!!ovable is d"e to the proprietor;s own acts. (+,*a)
Art. ,+7. The ease!ent of riht of way shall be
established at the point least pre."dicial to the
servient estate& and& insofar as consistent with this
r"le& where the distance fro! the do!inant estate to a
p"blic hihway !ay be the shortest. (+,+)
Art. ,+1. The width of the ease!ent of riht of way
shall be that which is s"fficient for the needs of the
do!inant estate& and !ay accordinly be chaned
fro! ti!e to ti!e. (+,,a)
Art. ,+2. 2henever a piece of land ac0"ired by sale&
e)chane or partition& is s"rro"nded by other estates
of the vendor& e)chaner& or co1owner& he shall be
oblied to rant a riht of way witho"t inde!nity.
(n case of a si!ple donation& the donor shall be
inde!nified by the donee for the establish!ent of the
riht of way. (+,/a)
Art. ,+'. (n the case of the precedin article& if it is the
land of the rantor that beco!es isolated& he !ay
de!and a riht of way after payin a inde!nity.
9owever& the donor shall not be liable for inde!nity.
(n)
Art. ,+*. (f the riht of way is per!anent& the
necessary repairs shall be !ade by the owner of the
do!inant estate. A proportionate share of the ta)es
shall be rei!b"rsed by said owner to the proprietor of
the servient estate. (n)
Art. ,++. (f the riht of way ranted to a s"rro"nded
estate ceases to be necessary beca"se its owner has
.oined it to another ab"ttin on a p"blic road& the
owner of the servient estate !ay de!and that the
ease!ent be e)tin"ished& ret"rnin what he !ay
have received by way of inde!nity. The interest on
the inde!nity shall be dee!ed to be in pay!ent of
rent for the "se of the ease!ent.
The sa!e r"le shall be applied in case a new road is
opened ivin access to the isolated estate.
(n both cases& the p"blic hihway !"st s"bstantially
!eet the needs of the do!inant estate in order that
the ease!ent !ay be e)tin"ished. (+,3a)
Art. ,+,. (f it be indispensable for the constr"ction&
repair& i!prove!ent& alteration or bea"tification of a
b"ildin& to carry !aterials thro"h the estate of
another& or to raise therein scaffoldin or other ob.ects
necessary for the work& the owner of s"ch estate shall
be oblied to per!it the act& after receivin pay!ent
of the proper inde!nity for the da!ae ca"sed hi!.
(+,5a)
Art. ,+/. :ase!ents of the riht of way for the
passae of livestock known as ani!al path& ani!al
trail or any other& and those for waterin places&
restin places and ani!al folds& shall be overned by
the ordinances and re"lations relatin thereto& and&
in the absence thereof& by the "saes and c"sto!s of
the place.
2itho"t pre."dice to rihts leally ac0"ired& the ani!al
path shall not e)ceed in any case the width of /+
!eters& and the ani!al trail that of '/ !eters and +7
centi!eters.
2henever it is necessary to establish a co!p"lsory
ease!ent of the riht of way or for a waterin place
for ani!als& the provisions of this @ection and those of
Articles ,*7 and ,*1 shall be observed. (n this case
the width shall not e)ceed 17 !eters. (+/7a)

@:CT(#6 *. 1 :ase!ent of Party 2all

Art. ,+3. The ease!ent of party wall shall be
overned by the provisions of this Title& by the local
ordinances and c"sto!s insofar as they do not
conflict with the sa!e& and by the r"les of co1
ownership. (+/1a)
Art. ,+5. The e)istence of an ease!ent of party wall
is pres"!ed& "nless there is a title& or e)terior sin& or
proof to the contrary<
(1) (n dividin walls of ad.oinin b"ildins "p to the
point of co!!on elevation8
(2) (n dividin walls of ardens or yards sit"ated in
cities& towns& or in r"ral co!!"nities8
(') (n fences& walls and live hedes dividin r"ral
lands. (+/2)
Art. ,,7. (t is "nderstood that there is an e)terior sin&
contrary to the ease!ent of party wall<
(1) 2henever in the dividin wall of b"ildins there is
a window or openin8
(2) 2henever the dividin wall is& on one side& straiht
and pl"!b on all its face!ent& and on the other& it has
si!ilar conditions on the "pper part& b"t the lower part
slants or pro.ects o"tward8
(') 2henever the entire wall is b"ilt within the
bo"ndaries of one of the estates8
(*) 2henever the dividin wall bears the b"rden of
the bindin bea!s& floors and roof fra!e of one of the
b"ildins& b"t not those of the others8
(+) 2henever the dividin wall between co"rtyards&
ardens& and tene!ents is constr"cted in s"ch a way
that the copin sheds the water "pon only one of the
estates8
(,) 2henever the dividin wall& bein b"ilt of
!asonry& has steppin stones& which at certain
intervals pro.ect fro! the s"rface on one side only&
b"t not on the other8
(/) 2henever lands inclosed by fences or live hedes
ad.oin others which are not inclosed.
(n all these cases& the ownership of the walls& fences
or hedes shall be dee!ed to belon e)cl"sively to
the owner of the property or tene!ent which has in its
favor the pres"!ption based on any one of these
sins. (+/')
Art. ,,1. Ditches or drains opened between two
estates are also pres"!ed as co!!on to both& if
there is no title or sin showin the contrary.
There is a sin contrary to the part1ownership
whenever the earth or dirt re!oved to open the ditch
or to clean it is only on one side thereof& in which case
the ownership of the ditch shall belon e)cl"sively to
the owner of the land havin this e)terior sin in its
favor. (+/*)
Art. ,,2. The cost of repairs and constr"ction of party
walls and the !aintenance of fences& live hedes&
ditches& and drains owned in co!!on& shall be borne
by all the owners of the lands or tene!ents havin the
party wall in their favor& in proportion to the riht of
each.
6evertheless& any owner !ay e)e!pt hi!self fro!
contrib"tin to this chare by reno"ncin his part1
ownership& e)cept when the party wall s"pports a
b"ildin belonin to hi!. (+/+)
Art. ,,'. (f the owner of a b"ildin& s"pported by a
party wall desires to de!olish the b"ildin& he !ay
also reno"nce his part1ownership of the wall& b"t the
cost of all repairs and work necessary to prevent any
da!ae which the de!olition !ay ca"se to the party
wall& on this occasion only& shall be borne by hi!.
(+/,)
Art. ,,*. :very owner !ay increase the heiht of the
party wall& doin at his own e)pense and payin for
any da!ae which !ay be ca"sed by the work& even
tho"h s"ch da!ae be te!porary.
The e)penses of !aintainin the wall in the part
newly raised or deepened at its fo"ndation shall also
be paid for by hi!8 and& in addition& the inde!nity for
the increased e)penses which !ay be necessary for
the preservation of the party wall by reason of the
reater heiht or depth which has been iven it.
(f the party wall cannot bear the increased heiht& the
owner desirin to raise it shall be oblied to
reconstr"ct it at his own e)pense and& if for this
p"rpose it be necessary to !ake it thicker& he shall
ive the space re0"ired fro! his own land. (+//)
Art. ,,+. The other owners who have not contrib"ted
in ivin increased heiht& depth or thickness to the
wall !ay& nevertheless& ac0"ire the riht of part1
ownership therein& by payin proportionally the val"e
of the work at the ti!e of the ac0"isition and of the
land "sed for its increased thickness. (+/3a)
Art. ,,,. :very part1owner of a party wall !ay "se it
in proportion to the riht he !ay have in the co1
ownership& witho"t interferin with the co!!on and
respective "ses by the other co1owners. (+/5a)

@:CT(#6 +. 1 :ase!ent of Liht and >iew

Art. ,,/. 6o part1owner !ay& witho"t the consent of
the others& open thro"h the party wall any window or
apert"re of any kind. (+37)
Art. ,,3. The period of prescription for the ac0"isition
of an ease!ent of liht and view shall be co"nted<
(1) Aro! the ti!e of the openin of the window& if it is
thro"h a party wall8 or
(2) Aro! the ti!e of the for!al prohibition "pon the
proprietor of the ad.oinin land or tene!ent& if the
window is thro"h a wall on the do!inant estate. (n)
Art. ,,5. 2hen the distances in Article ,/7 are not
observed& the owner of a wall which is not party wall&
ad.oinin a tene!ent or piece of land belonin to
another& can !ake in it openins to ad!it liht at the
heiht of the ceilin .oints or i!!ediately "nder the
ceilin& and of the si%e of thirty centi!eters s0"are&
and& in every case& with an iron ratin i!bedded in
the wall and with a wire screen.
6evertheless& the owner of the tene!ent or property
ad.oinin the wall in which the openins are !ade can
close the! sho"ld he ac0"ire part1ownership thereof&
if there be no stip"lation to the contrary.
9e can also obstr"ct the! by constr"ctin a b"ildin
on his land or by raisin a wall thereon conti"o"s to
that havin s"ch openins& "nless an ease!ent of
liht has been ac0"ired. (+31a)
Art. ,/7. 6o windows& apert"res& balconies& or other
si!ilar pro.ections which afford a direct view "pon or
towards an ad.oinin land or tene!ent can be !ade&
witho"t leavin a distance of two !eters between the
wall in which they are !ade and s"ch conti"o"s
property.
6either can side or obli0"e views "pon or towards
s"ch conter!ino"s property be had& "nless there be a
distance of si)ty centi!eters.
The nonobservance of these distances does not ive
rise to prescription. (+32a)
Art. ,/1. The distance referred to in the precedin
article shall be !eas"red in cases of direct views fro!
the o"ter line of the wall when the openins do not
pro.ect& fro! the o"ter line of the latter when they do&
and in cases of obli0"e view fro! the dividin line
between the two properties. (+3')
Art. ,/2. The provisions of Article ,/7 are not
applicable to b"ildins separated by a p"blic way or
alley& which is not less than three !eters wide&
s"b.ect to special re"lations and local ordinances.
(+3*a)
Art. ,/'. 2henever by any title a riht has been
ac0"ired to have direct views& balconies or
belvederes overlookin an ad.oinin property& the
owner of the servient estate cannot b"ild thereon at
less than a distance of three !eters to be !eas"red
in the !anner provided in Article ,/1. Any stip"lation
per!ittin distances less than those prescribed in
Article ,/7 is void. (+3+a)

@:CT(#6 ,. 1 Drainae of B"ildins

Art. ,/*. The owner of a b"ildin shall be oblied to
constr"ct its roof or coverin in s"ch !anner that the
rain water shall fall on his own land or on a street or
p"blic place& and not on the land of his neihbor& even
tho"h the ad.acent land !ay belon to two or !ore
persons& one of who! is the owner of the roof. :ven if
it sho"ld fall on his own land& the owner shall be
oblied to collect the water in s"ch a way as not to
ca"se da!ae to the ad.acent land or tene!ent.
(+3,a)
Art. ,/+. The owner of a tene!ent or a piece of land&
s"b.ect to the ease!ent of receivin water fallin fro!
roofs& !ay b"ild in s"ch !anner as to receive the
water "pon his own roof or ive it another o"tlet in
accordance with local ordinances or c"sto!s& and in
s"ch a way as not to ca"se any n"isance or da!ae
whatever to the do!inant estate. (+3/)
Art. ,/,. 2henever the yard or co"rt of a ho"se is
s"rro"nded by other ho"ses& and it is not possible to
ive an o"tlet thro"h the ho"se itself to the rain
water collected thereon& the establish!ent of an
ease!ent of drainae can be de!anded& ivin an
o"tlet to the water at the point of the conti"o"s lands
or tene!ents where its eress !ay be easiest& and
establishin a cond"it for the drainae in s"ch
!anner as to ca"se the least da!ae to the servient
estate& after pay!ent of the property inde!nity. (+3')

@:CT(#6 /. 1 (nter!ediate Distances
and 2orks for Certain Constr"ctions and Plantins

Art. ,//. 6o constr"ctions can be b"ilt or plantins
!ade near fortified places or fortresses witho"t
co!pliance with the conditions re0"ired in special
laws& ordinances& and re"lations relatin thereto.
(+35)
Art. ,/3. 6o person shall b"ild any a0"ed"ct& well&
sewer& f"rnace& fore& chi!ney& stable& depository of
corrosive s"bstances& !achinery& or factory which by
reason of its nat"re or prod"cts is danero"s or
no)io"s& witho"t observin the distances prescribed
by the re"lations and c"sto!s of the place& and
witho"t !akin the necessary protective works&
s"b.ect& in reard to the !anner thereof& to the
conditions prescribed by s"ch re"lations. These
prohibitions cannot be altered or reno"nced by
stip"lation on the part of the ad.oinin proprietors.
(n the absence of re"lations& s"ch preca"tions shall
be taken as !ay be considered necessary& in order to
avoid any da!ae to the neihborin lands or
tene!ents. (+57a)
Art. ,/5. 6o trees shall be planted near a tene!ent or
piece of land belonin to another e)cept at the
distance a"thori%ed by the ordinances or c"sto!s of
the place& and& in the absence thereof& at a distance
of at least two !eters fro! the dividin line of the
estates if tall trees are planted and at a distance of at
least fifty centi!eters if shr"bs or s!all trees are
planted.
:very landowner shall have the riht to de!and that
trees hereafter planted at a shorter distance fro! his
land or tene!ent be "prooted.
The provisions of this article also apply to trees which
have rown spontaneo"sly. (+51a)
Art. ,37. (f the branches of any tree sho"ld e)tend
over a neihborin estate& tene!ent& arden or yard&
the owner of the latter shall have the riht to de!and
that they be c"t off insofar as they !ay spread over
his property& and& if it be the roots of a neihborin
tree which sho"ld penetrate into the land of another&
the latter !ay c"t the! off hi!self within his property.
(+52)
Art. ,31. Ar"its nat"rally fallin "pon ad.acent land
belon to the owner of said land. (n)

@:CT(#6 3. 1 :ase!ent Aainst 6"isance (n)

Art. ,32. :very b"ildin or piece of land is s"b.ect to
the ease!ent which prohibits the proprietor or
possessor fro! co!!ittin n"isance thro"h noise&
.arrin& offensive odor& s!oke& heat& d"st& water& lare
and other ca"ses.
Art. ,3'. @"b.ect to %onin& health& police and other
laws and re"lations& factories and shops !ay be
!aintained provided the least possible annoyance is
ca"sed to the neihborhood.

@:CT(#6 5. 1 Lateral and @"b.acent @"pport (n)

@ec. ,3*. 6o proprietor shall !ake s"ch e)cavations
"pon his land as to deprive any ad.acent land or
b"ildin of s"fficient lateral or s"b.acent s"pport.
Art. ,3+. Any stip"lation or testa!entary provision
allowin e)cavations that ca"se daner to an
ad.acent land or b"ildin shall be void.
Art. ,3,. The leal ease!ent of lateral and s"b.acent
s"pport is not only for b"ildins standin at the ti!e
the e)cavations are !ade b"t also for constr"ctions
that !ay be erected.
Art. ,3/. Any proprietor intendin to !ake any
e)cavation conte!plated in the three precedin
articles shall notify all owners of ad.acent lands.

CHAPTER 3
VOLUNTARY EASEMENTS

Art. ,33. :very owner of a tene!ent or piece of land
!ay establish thereon the ease!ents which he !ay
dee! s"itable& and in the !anner and for! which he
!ay dee! best& provided he does not contravene the
laws& p"blic policy or p"blic order. (+5*)
Art. ,35. The owner of a tene!ent or piece of land&
the "s"fr"ct of which belons to another& !ay i!pose
thereon& witho"t the consent of the "s"fr"ct"ary& any
servit"des which will not in."re the riht of "s"fr"ct.
(+5+)
Art. ,57. 2henever the naked ownership of a
tene!ent or piece of land belons to one person and
the beneficial ownership to another& no perpet"al
vol"ntary ease!ent !ay be established thereon
witho"t the consent of both owners. (+5,)
Art. ,51. (n order to i!pose an ease!ent on an
"ndivided tene!ent& or piece of land& the consent of
all the co1owners shall be re0"ired.
The consent iven by so!e only& !"st be held in
abeyance "ntil the last one of all the co1owners shall
have e)pressed his confor!ity.
B"t the consent iven by one of the co1owners
separately fro! the others shall bind the rantor and
his s"ccessors not to prevent the e)ercise of the riht
ranted. (+5/a)
Art. ,52. The title and& in a proper case& the
possession of an ease!ent ac0"ired by prescription
shall deter!ine the rihts of the do!inant estate and
the obliations of the servient estate. (n defa"lt
thereof& the ease!ent shall be overned by s"ch
provisions of this Title as are applicable thereto. (+53)
Art. ,5'. (f the owner of the servient estate sho"ld
have bo"nd hi!self& "pon the establish!ent of the
ease!ent& to bear the cost of the work re0"ired for
the "se and preservation thereof& he !ay free hi!self
fro! this obliation by reno"ncin his property to the
owner of the do!inant estate. (+55)

Title >(((. 1 6?(@A6C: (n)

Art. ,5*. A n"isance is any act& o!ission&
establish!ent& b"siness& condition of property& or
anythin else which<
(1) (n."res or endaners the health or safety of others8
or
(2) Annoys or offends the senses8 or
(') @hocks& defies or disreards decency or !orality8
or
(*) #bstr"cts or interferes with the free passae of
any p"blic hihway or street& or any body of water8 or
(+) 9inders or i!pairs the "se of property.
Art. ,5+. 6"isance is either p"blic or private. A p"blic
n"isance affects a co!!"nity or neihborhood or any
considerable n"!ber of persons& altho"h the e)tent
of the annoyance& daner or da!ae "pon individ"als
!ay be "ne0"al. A private n"isance is one that is not
incl"ded in the foreoin definition.
Art. ,5,. :very s"ccessive owner or possessor of
property who fails or ref"ses to abate a n"isance in
that property started by a for!er owner or possessor
is liable therefor in the sa!e !anner as the one who
created it.
Art. ,5/. The abate!ent of a n"isance does not
precl"de the riht of any person in."red to recover
da!aes for its past e)istence.
Art. ,53. Lapse of ti!e cannot leali%e any n"isance&
whether p"blic or private.
Art. ,55. The re!edies aainst a p"blic n"isance are<
(1) A prosec"tion "nder the Penal Code or any local
ordinance< or
(2) A civil action8 or
(') Abate!ent& witho"t ."dicial proceedins.
Art. /77. The district health officer shall take care that
one or all of the re!edies aainst a p"blic n"isance
are availed of.
Art. /71. (f a civil action is bro"ht by reason of the
!aintenance of a p"blic n"isance& s"ch action shall
be co!!enced by the city or !"nicipal !ayor.
Art. /72. The district health officer shall deter!ine
whether or not abate!ent& witho"t ."dicial
proceedins& is the best re!edy aainst a p"blic
n"isance.
Art. /7'. A private person !ay file an action on
acco"nt of a p"blic n"isance& if it is specially in."rio"s
to hi!self.
Art. /7*. Any private person !ay abate a p"blic
n"isance which is specially in."rio"s to hi! by
re!ovin& or if necessary& by destroyin the thin
which constit"tes the sa!e& witho"t co!!ittin a
breach of the peace& or doin "nnecessary in."ry. B"t
it is necessary<
(1) That de!and be first !ade "pon the owner or
possessor of the property to abate the n"isance8
(2) That s"ch de!and has been re.ected8
(') That the abate!ent be approved by the district
health officer and e)ec"ted with the assistance of the
local police8 and
(*) That the val"e of the destr"ction does not e)ceed
three tho"sand pesos.
Art. /7+. The re!edies aainst a private n"isance
are<
(1) A civil action8 or
(2) Abate!ent& witho"t ."dicial proceedins.
Art. /7,. Any person in."red by a private n"isance
!ay abate it by re!ovin& or if necessary& by
destroyin the thin which constit"tes the n"isance&
witho"t co!!ittin a breach of the peace or doin
"nnecessary in."ry. 9owever& it is indispensable that
the proced"re for e)tra."dicial abate!ent of a p"blic
n"isance by a private person be followed.
Art. /7/. A private person or a p"blic official
e)tra."dicially abatin a n"isance shall be liable for
da!aes<
(1) (f he ca"ses "nnecessary in."ry8 or
(2) (f an alleed n"isance is later declared by the
co"rts to be not a real n"isance.
Title (G. 1 -:$(@T-F #A P-#P:-TF
Art. /73. The -eistry of Property has for its ob.ect
the inscription or annotation of acts and contracts
relatin to the ownership and other rihts over
i!!ovable property. (,7+)
Art. /75. The titles of ownership& or of other rihts
over i!!ovable property& which are not d"ly inscribed
or annotated in the -eistry of Property shall not
pre."dice third persons. (,7,)
Art. /17. The books in the -eistry of Property shall
be p"blic for those who have a known interest in
ascertainin the stat"s of the i!!ovables or real
rihts annotated or inscribed therein. (,7/)
Art. /11. Aor deter!inin what titles are s"b.ect to
inscription or annotation& as well as the for!& effects&
and cancellation of inscriptions and annotations& the
!anner of keepin the books in the -eistry& and the
val"e of the entries contained in said books& the
provisions of the =ortae Law& the Land -eistration
Act& and other special laws shall overn. (,73a)
REPUBLIC ACT NO. 386
AN ACT TO ORDAIN AND INSTITUTE
THE CIVIL CODE OF THE PHILIPPINES
BOOK III
DIFFERENT MODES OF AC,UIRIN% OWNERSHIP

PRELIMINARY PROVISION

Art. /12. #wnership is ac0"ired by occ"pation and by
intellect"al creation.
#wnership and other real rihts over property are
ac0"ired and trans!itted by law& by donation& by
estate and intestate s"ccession& and in conse0"ence
of certain contracts& by tradition.
They !ay also be ac0"ired by !eans of prescription.
(,75a)

Title (. 1 #CC?PAT(#6

Art. /1'. Thins appropriable by nat"re which are
witho"t an owner& s"ch as ani!als that are the ob.ect
of h"ntin and fishin& hidden treas"re and
abandoned !ovables& are ac0"ired by occ"pation.
(,17)
Art. /1*. The ownership of a piece of land cannot be
ac0"ired by occ"pation. (n)
Art. /1+. The riht to h"nt and to fish is re"lated by
special laws. (,11)
Art. /1,. The owner of a swar! of bees shall have a
riht to p"rs"e the! to another;s land& inde!nifyin
the possessor of the latter for the da!ae. (f the
owner has not p"rs"ed the swar!& or ceases to do so
within two consec"tive days& the possessor of the
land !ay occ"py or retain the sa!e. The owner of
do!esticated ani!als !ay also clai! the! within
twenty days to be co"nted fro! their occ"pation by
another person. This period havin e)pired& they shall
pertain to hi! who has ca"ht and kept the!. (,12a)
Art. /1/. Pieons and fish which fro! their respective
breedin places pass to another pertainin to a
different owner shall belon to the latter& provided
they have not been enticed by so!e article of fra"d.
(,1'a)
Art. /13. 9e who by chance discovers hidden
treas"re in another;s property shall have the riht
ranted hi! in article *'3 of this Code. (,1*)
Art. /15. 2hoever finds a !ovable& which is not
treas"re& !"st ret"rn it to its previo"s possessor. (f
the latter is "nknown& the finder shall i!!ediately
deposit it with the !ayor of the city or !"nicipality
where the findin has taken place.
The findin shall be p"blicly anno"nced by the !ayor
for two consec"tive weeks in the way he dee!s best.
(f the !ovable cannot be kept witho"t deterioration& or
witho"t e)penses which considerably di!inish its
val"e& it shall be sold at p"blic a"ction eiht days after
the p"blication.
@i) !onths fro! the p"blication havin elapsed
witho"t the owner havin appeared& the thin fo"nd&
or its val"e& shall be awarded to the finder. The finder
and the owner shall be oblied& as the case !ay be&
to rei!b"rse the e)penses. (,1+a)
Art. /27. (f the owner sho"ld appear in ti!e& he shall
be oblied to pay& as a reward to the finder& one1tenth
of the s"! or of the price of the thin fo"nd. (,1,a)

Title ((. 1 (6T:LL:CT?AL C-:AT(#6

Art. /21. By intellect"al creation& the followin
persons ac0"ire ownership<
(1) The a"thor with reard to his literary& dra!atic&
historical& leal& philosophical& scientific or other work8
(2) The co!poser8 as to his !"sical co!position8
(') The painter& sc"lptor& or other artist& with respect
to the prod"ct of his art8
(*) The scientist or technoloist or any other person
with reard to his discovery or invention. (n)
Art. /22. The a"thor and the co!poser& !entioned in
6os. 1 and 2 of the precedin article& shall have the
ownership of their creations even before the
p"blication of the sa!e. #nce their works are
p"blished& their rihts are overned by the Copyriht
laws.
The painter& sc"lptor or other artist shall have
do!inion over the prod"ct of his art even before it is
copyrihted.
The scientist or technoloist has the ownership of his
discovery or invention even before it is patented. (n)
Art. /2'. Letters and other private co!!"nications in
writin are owned by the person to who! they are
addressed and delivered& b"t they cannot be
p"blished or disse!inated witho"t the consent of the
writer or his heirs. 9owever& the co"rt !ay a"thori%e
their p"blication or disse!ination if the p"blic ood or
the interest of ."stice so re0"ires. (n)
Art. /2*. @pecial laws overn copyriht and patent.
(*25a)

Ti!" III. # DONATION
CHAPTER $
NATURE OF DONATIONS

Art. /2+. Donation is an act of liberality whereby a
person disposes rat"ito"sly of a thin or riht in
favor of another& who accepts it. (,13a)
Art. /2,. 2hen a person ives to another a thin or
riht on acco"nt of the latter;s !erits or of the services
rendered by hi! to the donor& provided they do not
constit"te a de!andable debt& or when the ift
i!poses "pon the donee a b"rden which is less than
the val"e of the thin iven& there is also a donation.
(,15)
Art. /2/. (lleal or i!possible conditions in si!ple and
re!"neratory donations shall be considered as not
i!posed. (n)
Art. /23. Donations which are to take effect "pon the
death of the donor partake of the nat"re of
testa!entary provisions& and shall be overned by the
r"les established in the Title on @"ccession. (,27)
Art. /25. 2hen the donor intends that the donation
shall take effect d"rin the lifeti!e of the donor&
tho"h the property shall not be delivered till after the
donor;s death& this shall be a donation inter vivos. The
fr"its of the property fro! the ti!e of the acceptance
of the donation& shall pertain to the donee& "nless the
donor provides otherwise. (n)
Art. /'7. The fi)in of an event or the i!position of a
s"spensive condition& which !ay take place beyond
the nat"ral e)pectation of life of the donor& does not
destroy the nat"re of the act as a donation inter vivos&
"nless a contrary intention appears. (n)
Art. /'1. 2hen a person donates so!ethin& s"b.ect
to the resol"tory condition of the donor;s s"rvival&
there is a donation inter vivos. (n)
Art. /'2. Donations which are to take effect inter vivos
shall be overned by the eneral provisions on
contracts and obliations in all that is not deter!ined
in this Title. (,21)
Art. /''. Donations with an onero"s ca"se shall be
overned by the r"les on contracts and re!"neratory
donations by the provisions of the present Title as
reards that portion which e)ceeds the val"e of the
b"rden i!posed. (,22)
Art. /'*. The donation is perfected fro! the !o!ent
the donor knows of the acceptance by the donee.
(,2')

C9APT:- 2
P:-@#6@ 29# =AF $(>: #- -:C:(>: A
D#6AT(#6

Art. /'+. All persons who !ay contract and dispose of
their property !ay !ake a donation. (,2*)
Art. /',. $"ardians and tr"stees cannot donate the
property entr"sted to the!. (n)
Art. /'/. The donor;s capacity shall be deter!ined as
of the ti!e of the !akin of the donation. (n)
Art. /'3. Al those who are not specially dis0"alified by
law therefor !ay accept donations. (,2+)
Art. /'5. The followin donations shall be void<
(1) Those !ade between persons who were "ilty of
ad"ltery or conc"binae at the ti!e of the donation8
(2) Those !ade between persons fo"nd "ilty of the
sa!e cri!inal offense& in consideration thereof8
(') Those !ade to a p"blic officer or his wife&
descedants and ascendants& by reason of his office.
(n the case referred to in 6o. 1& the action for
declaration of n"llity !ay be bro"ht by the spo"se of
the donor or donee8 and the "ilt of the donor and
donee !ay be proved by preponderance of evidence
in the sa!e action. (n)
Art. /*7. (ncapacity to s"cceed by will shall be
applicable to donations inter vivos. (n)
Art. /*1. =inors and others who cannot enter into a
contract !ay beco!e donees b"t acceptance shall be
done thro"h their parents or leal representatives.
(,2,a)
Art. /*2. Donations !ade to conceived and "nborn
children !ay be accepted by those persons who
wo"ld leally represent the! if they were already
born. (,2/)
Art. /*'. Donations !ade to incapacitated persons
shall be void& tho"h si!"lated "nder the "ise of
another contract or thro"h a person who is
interposed. (,23)
Art. /**. Donations of the sa!e thin to two or !ore
different donees shall be overned by the provisions
concernin the sale of the sa!e thin to two or !ore
different persons. (n)
Art. /*+. The donee !"st accept the donation
personally& or thro"h an a"thori%ed person with a
special power for the p"rpose& or with a eneral and
s"fficient power8 otherwise& the donation shall be void.
(,'7)
Art. /*,. Acceptance !"st be !ade d"rin the
lifeti!e of the donor and of the donee. (n)
Art. /*/. Persons who accept donations in
representation of others who !ay not do so by
the!selves& shall be oblied to !ake the notification
and notation of which Article /*5 speaks. (,'1)
Art. /*3. The donation of a !ovable !ay be !ade
orally or in writin.
An oral donation re0"ires the si!"ltaneo"s delivery of
the thin or of the doc"!ent representin the riht
donated.
(f the val"e of the personal property donated e)ceeds
five tho"sand pesos& the donation and the acceptance
shall be !ade in writin& otherwise& the donation shall
be void. (,'2a)
Art. /*5. (n order that the donation of an i!!ovable
!ay be valid& it !"st be !ade in a p"blic doc"!ent&
specifyin therein the property donated and the val"e
of the chares which the donee !"st satisfy.
The acceptance !ay be !ade in the sa!e deed of
donation or in a separate p"blic doc"!ent& b"t it shall
not take effect "nless it is done d"rin the lifeti!e of
the donor.
(f the acceptance is !ade in a separate instr"!ent&
the donor shall be notified thereof in an a"thentic
for!& and this step shall be noted in both instr"!ents.
(,'')

C9APT:- '
:AA:CT #A D#6AT(#6@ A6D L(=(TAT(#6@
T9:-:#6

Art. /+7. The donations !ay co!prehend all the
present property of the donor& or part thereof&
provided he reserves& in f"ll ownership or in "s"fr"ct&
s"fficient !eans for the s"pport of hi!self& and of all
relatives who& at the ti!e of the acceptance of the
donation& are by law entitled to be s"pported by the
donor. 2itho"t s"ch reservation& the donation shall be
red"ced in petition of any person affected. (,'*a)
Art. /+1. Donations cannot co!prehend f"t"re
property.
By f"t"re property is "nderstood anythin which the
donor cannot dispose of at the ti!e of the donation.
(,'+)
Art. /+2. The provisions of Article /+7
notwithstandin& no person !ay ive or receive& by
way of donation& !ore than he !ay ive or receive by
will.
The donation shall be inofficio"s in all that it !ay
e)ceed this li!itation. (,',)
Art. /+'. 2hen a donation is !ade to several persons
.ointly& it is "nderstood to be in e0"al shares& and
there shall be no riht of accretion a!on the!&
"nless the donor has otherwise provided.
The precedin pararaph shall not be applicable to
donations !ade to the h"sband and wife .ointly&
between who! there shall be a riht of accretion& if
the contrary has not been provided by the donor.
(,'/)
Art. /+*. The donee is s"broated to all the rihts and
actions which in case of eviction wo"ld pertain to the
donor. The latter& on the other hand& is not oblied to
warrant the thins donated& save when the donation is
onero"s& in which case the donor shall be liable for
eviction to the conc"rrence of the b"rden.
The donor shall also be liable for eviction or hidden
defects in case of bad faith on his part. (,'3a)
Art. /++. The riht to dispose of so!e of the thins
donated& or of so!e a!o"nt which shall be a chare
thereon& !ay be reserved by the donor8 b"t if he
sho"ld die witho"t havin !ade "se of this riht& the
property or a!o"nt reserved shall belon to the
donee. (,'5)
Art. /+,. The ownership of property !ay also be
donated to one person and the "s"fr"ct to another or
others& provided all the donees are livin at the ti!e
of the donation. (,*7a)
Art. /+/. -eversion !ay be validly established in
favor of only the donor for any case and
circ"!stances& b"t not in favor of other persons
"nless they are all livin at the ti!e of the donation.
Any reversion stip"lated by the donor in favor of a
third person in violation of what is provided in the
precedin pararaph shall be void& b"t shall not n"llify
the donation. (,1*a)
Art. /+3. 2hen the donation i!poses "pon the donee
the obliation to pay the debts of the donor& if the
cla"se does not contain any declaration to the
contrary& the for!er is "nderstood to be liable to pay
only the debts which appear to have been previo"sly
contracted. (n no case shall the donee be responsible
for the debts e)ceedin the val"e of the property
donated& "nless a contrary intention clearly appears.
(,*2a)
Art. /+5. There bein no stip"lation reardin the
pay!ent of debts& the donee shall be responsible
therefor only when the donation has been !ade in
fra"d of creditors.
The donation is always pres"!ed to be in fra"d of
creditors& when at the ti!e thereof the donor did not
reserve s"fficient property to pay his debts prior to the
donation. (,*')

C9APT:- *
-:>#CAT(#6 A6D -:D?CT(#6 #A D#6AT(#6@

Art. /,7. :very donation inter vivos& !ade by a
person havin no children or descendants& leiti!ate
or leiti!ated by s"bse0"ent !arriae& or illeiti!ate&
!ay be revoked or red"ced as provided in the ne)t
article& by the happenin of any of these events<
(1) (f the donor& after the donation& sho"ld have
leiti!ate or leiti!ated or illeiti!ate children&
even tho"h they be posth"!o"s8
(2) (f the child of the donor& who! the latter believed
to be dead when he !ade the donation& sho"ld t"rn
o"t to be livin8
(') (f the donor s"bse0"ently adopt a !inor child.
(,**a)
Art. /,1. (n the cases referred to in the precedin
article& the donation shall be revoked or red"ced
insofar as it e)ceeds the portion that !ay be freely
disposed of by will& takin into acco"nt the whole
estate of the donor at the ti!e of the birth&
appearance or adoption of a child. (n)
Art. /,2. ?pon the revocation or red"ction of the
donation by the birth& appearance or adoption of a
child& the property affected shall be ret"rned or its
val"e if the donee has sold the sa!e.
(f the property is !ortaed& the donor !ay redee!
the !ortae& by payin the a!o"nt "aranteed& with
a riht to recover the sa!e fro! the donee.
2hen the property cannot be ret"rned& it shall be
esti!ated at what it was worth at the ti!e of the
donation. (,*+a)
Art. /,'. The action for revocation or red"ction on the
ro"nds set forth in article /,7 shall prescribe after
fo"r years fro! the birth of the first child& or fro! his
leiti!ation& reconition or adoption& or fro! the
."dicial declaration of filiation& or fro! the ti!e
infor!ation was received reardin the e)istence of
the child believed dead.
This action cannot be reno"nced& and is trans!itted&
"pon the death of the donor& to his leiti!ate and
illeiti!ate children and descendants. (,*,a)
Art. /,*. The donation shall be revoked at the
instance of the donor& when the donee fails to co!ply
with any of the conditions which the for!er i!posed
"pon the latter.
(n this case& the property donated shall be ret"rned to
the donor& the alienations !ade by the donee and the
!ortaes i!posed thereon by hi! bein void& with
the li!itations established& with reard to third
persons& by the =ortae Law and the Land
-eistration Laws.
This action shall prescribe after fo"r years fro! the
nonco!pliance with the condition& !ay be trans!itted
to the heirs of the donor& and !ay be e)ercised
aainst the donee;s heirs. (,*/a)
Art. /,+. The donation !ay also be revoked at the
instance of the donor& by reason of inratit"de in the
followin cases<
(1) (f the donee sho"ld co!!it so!e offense aainst
the person& the honor or the property of the donor& or
of his wife or children "nder his parental a"thority8
(2) (f the donee i!p"tes to the donor any cri!inal
offense& or any act involvin !oral t"rpit"de& even
tho"h he sho"ld prove it& "nless the cri!e or the act
has been co!!itted aainst the donee hi!self& his
wife or children "nder his a"thority8
(') (f he "nd"ly ref"ses hi! s"pport when the donee
is leally or !orally bo"nd to ive s"pport to the
donor. (,*3a)
Art. /,,. Altho"h the donation is revoked on acco"nt
of inratit"de& nevertheless& the alienations and
!ortaes effected before the notation of the
co!plaint for revocation in the -eistry of Property
shall s"bsist.
Later ones shall be void. (,*5)
Art. /,/. (n the case referred to in the first pararaph
of the precedin article& the donor shall have a riht to
de!and fro! the donee the val"e of property
alienated which he cannot recover fro! third persons&
or the s"! for which the sa!e has been !ortaed.
The val"e of said property shall be fi)ed as of the ti!e
of the donation. (,+7)
Art. /,3. 2hen the donation is revoked for any of the
ca"ses stated in Article /,7& or by reason of
inratit"de& or when it is red"ced beca"se it is
inofficio"s& the donee shall not ret"rn the fr"its e)cept
fro! the filin of the co!plaint.
(f the revocation is based "pon nonco!pliance with
any of the conditions i!posed in the donation& the
donee shall ret"rn not only the property b"t also the
fr"its thereof which he !ay have received after havin
failed to f"lfill the condition. (,+1)
Art. /,5. The action ranted to the donor by reason of
inratit"de cannot be reno"nced in advance. This
action prescribes within one year& to be co"nted fro!
the ti!e the donor had knowlede of the fact and it
was possible for hi! to brin the action. (,+2)
Art. //7. This action shall not be trans!itted to the
heirs of the donor& if the latter did not instit"te the
sa!e& altho"h he co"ld have done so& and even if
he sho"ld die before the e)piration of one year.
6either can this action be bro"ht aainst the heir of
the donee& "nless "pon the latter;s death the
co!plaint has been filed. (,+')
Art. //1. Donations which in accordance with the
provisions of Article /+2& are inofficio"s& bearin in
!ind the esti!ated net val"e of the donor;s property
at the ti!e of his death& shall be red"ced with reard
to the e)cess8 b"t this red"ction shall not prevent the
donations fro! takin effect d"rin the life of the
donor& nor shall it bar the donee fro! appropriatin
the fr"its.
Aor the red"ction of donations the provisions of this
Chapter and of Articles 511 and 512 of this Code shall
overn. (,+*)
Art. //2. #nly those who at the ti!e of the donor;s
death have a riht to the leiti!e and their heirs and
s"ccessors in interest !ay ask for the red"ction or
inofficio"s donations.
Those referred to in the precedin pararaph cannot
reno"nce their riht d"rin the lifeti!e of the donor&
either by e)press declaration& or by consentin to the
donation.
The donees& devisees and leatees& who are not
entitled to the leiti!e and the creditors of the
deceased can neither ask for the red"ction nor avail
the!selves thereof. (,++a)
Art. //'. (f& there bein two or !ore donations& the
disposable portion is not s"fficient to cover all of
the!& those of the !ore recent date shall be
s"ppressed or red"ced with reard to the e)cess.
(,+,)

Title (>. 1 @?CC:@@(#6

C9APT:- 1
$:6:-AL P-#>(@(#6@

Art. //*. @"ccession is a !ode of ac0"isition by virt"e
of which the property& rihts and obliations to the
e)tent of the val"e of the inheritance& of a person are
trans!itted thro"h his death to another or others
either by his will or by operation of law. (n)
Art. //+. (n this Title& "decedent" is the eneral ter!
applied to the person whose property is trans!itted
thro"h s"ccession& whether or not he left a will. (f he
left a will& he is also called the testator. (n)
Art. //,. The inheritance incl"des all the property&
rihts and obliations of a person which are not
e)tin"ished by his death. (,+5)
Art. ///. The rihts to the s"ccession are trans!itted
fro! the !o!ent of the death of the decedent. (,+/a)
Art. //3. @"ccession !ay be<
(1) Testa!entary8
(2) Leal or intestate8 or
(') =i)ed. (n)
Art. //5. Testa!entary s"ccession is that which
res"lts fro! the desination of an heir& !ade in a will
e)ec"ted in the for! prescribed by law. (n)
Art. /37. =i)ed s"ccession is that effected partly by
will and partly by operation of law. (n)
Art. /31. The inheritance of a person incl"des not only
the property and the trans!issible rihts and
obliations e)istin at the ti!e of his death& b"t also
those which have accr"ed thereto since the openin
of the s"ccession. (n)
Art. /32. An heir is a person called to the s"ccession
either by the provision of a will or by operation of law.
Devisees and leatees are persons to who! ifts of
real and personal property are respectively iven by
virt"e of a will. (n)

C9APT:- 2
T:@TA=:6TA-F @?CC:@@(#6

@:CT(#6 1. 1 2ills

@?B@:CT(#6 1. 1 2ills in $eneral

Art. /3'. A will is an act whereby a person is
per!itted& with the for!alities prescribed by law& to
control to a certain deree the disposition of this
estate& to take effect after his death. (,,/a)
Art. /3*. The !akin of a will is a strictly personal act8
it cannot be left in whole or in part of the discretion of
a third person& or acco!plished thro"h the
instr"!entality of an aent or attorney. (,/7a)
Art. /3+. The d"ration or efficacy of the desination of
heirs& devisees or leatees& or the deter!ination of
the portions which they are to take& when referred to
by na!e& cannot be left to the discretion of a third
person. (,/7a)
Art. /3,. The testator !ay entr"st to a third person
the distrib"tion of specific property or s"!s of !oney
that he !ay leave in eneral to specified classes or
ca"ses& and also the desination of the persons&
instit"tions or establish!ents to which s"ch property
or s"!s are to be iven or applied. (,/1a)
Art. /3/. The testator !ay not !ake a testa!entary
disposition in s"ch !anner that another person has to
deter!ine whether or not it is to be operative. (n)
Art. /33. (f a testa!entary disposition ad!its of
different interpretations& in case of do"bt& that
interpretation by which the disposition is to be
operative shall be preferred. (n)
Art. /35. 2hen there is an i!perfect description& or
when no person or property e)actly answers the
description& !istakes and o!issions !"st be
corrected& if the error appears fro! the conte)t of the
will or fro! e)trinsic evidence& e)cl"din the oral
declarations of the testator as to his intention8 and
when an "ncertainty arises "pon the face of the will&
as to the application of any of its provisions& the
testator;s intention is to be ascertained fro! the words
of the will& takin into consideration the circ"!stances
"nder which it was !ade& e)cl"din s"ch oral
declarations. (n)
Art. /57. The words of a will are to be taken in their
ordinary and ra!!atical sense& "nless a clear
intention to "se the! in another sense can be
athered& and that other can be ascertained.
Technical words in a will are to be taken in their
technical sense& "nless the conte)t clearly indicates a
contrary intention& or "nless it satisfactorily appears
that he was "nac0"ainted with s"ch technical sense.
(,/+a)
Art. /51. The words of a will are to receive an
interpretation which will ive to every e)pression
so!e effect& rather than one which will render any of
the e)pressions inoperative8 and of two !odes of
interpretin a will& that is to be preferred which will
prevent intestacy. (n)
Art. /52. The invalidity of one of several dispositions
contained in a will does not res"lt in the invalidity of
the other dispositions& "nless it is to be pres"!ed that
the testator wo"ld not have !ade s"ch other
dispositions if the first invalid disposition had not been
!ade. (n)
Art. /5'. Property ac0"ired after the !akin of a will
shall only pass thereby& as if the testator had
possessed it at the ti!e of !akin the will& sho"ld it
e)pressly appear by the will that s"ch was his
intention. (n)
Art. /5*. :very devise or leacy shall cover all the
interest which the testator co"ld device or be0"eath in
the property disposed of& "nless it clearly appears
fro! the will that he intended to convey a less
interest. (n)
Art. /5+. The validity of a will as to its for! depends
"pon the observance of the law in force at the ti!e it
is !ade. (n)

@?B@:CT(#6 2. 1 Testa!entary Capacity and (ntent

Art. /5,. All persons who are not e)pressly prohibited
by law !ay !ake a will. (,,2)
Art. /5/. Persons of either se) "nder eihteen years
of ae cannot !ake a will. (n)
Art. /53. (n order to !ake a will it is essential that the
testator be of so"nd !ind at the ti!e of its e)ec"tion.
(n)
Art. /55. To be of so"nd !ind& it is not necessary that
the testator be in f"ll possession of all his reasonin
fac"lties& or that his !ind be wholly "nbroken&
"ni!paired& or "nshattered by disease& in."ry or other
ca"se.
(t shall be s"fficient if the testator was able at the ti!e
of !akin the will to know the nat"re of the estate to
be disposed of& the proper ob.ects of his bo"nty& and
the character of the testa!entary act. (n)
Art. 377. The law pres"!es that every person is of
so"nd !ind& in the absence of proof to the contrary.
The b"rden of proof that the testator was not of so"nd
!ind at the ti!e of !akin his dispositions is on the
person who opposes the probate of the will8 b"t if the
testator& one !onth& or less& before !akin his will
was p"blicly known to be insane& the person who
!aintains the validity of the will !"st prove that the
testator !ade it d"rin a l"cid interval. (n)
Art. 371. @"pervenin incapacity does not invalidate
an effective will& nor is the will of an incapable
validated by the s"pervenin of capacity. (n)
Art. 372. A !arried wo!an !ay !ake a will witho"t
the consent of her h"sband& and witho"t the a"thority
of the co"rt. (n)
Art. 37'. A !arried wo!an !ay dispose by will of all
her separate property as well as her share of the
con."al partnership or absol"te co!!"nity property.
(n)

@?B@:CT(#6 '. 1 Aor!s of 2ills

Art. 37*. :very will !"st be in writin and e)ec"ted in
a lan"ae or dialect known to the testator. (n)
Art. 37+. :very will& other than a holoraphic will&
!"st be s"bscribed at the end thereof by the testator
hi!self or by the testator;s na!e written by so!e
other person in his presence& and by his e)press
direction& and attested and s"bscribed by three or
!ore credible witnesses in the presence of the
testator and of one another.
The testator or the person re0"ested by hi! to write
his na!e and the instr"!ental witnesses of the will&
shall also sin& as aforesaid& each and every pae
thereof& e)cept the last& on the left !arin& and all the
paes shall be n"!bered correlatively in letters
placed on the "pper part of each pae.
The attestation shall state the n"!ber of paes "sed
"pon which the will is written& and the fact that the
testator sined the will and every pae thereof& or
ca"sed so!e other person to write his na!e& "nder
his e)press direction& in the presence of the
instr"!ental witnesses& and that the latter witnessed
and sined the will and all the paes thereof in the
presence of the testator and of one another.
(f the attestation cla"se is in a lan"ae not known to
the witnesses& it shall be interpreted to the!. (n)
Art. 37,. :very will !"st be acknowleded before a
notary p"blic by the testator and the witnesses. The
notary p"blic shall not be re0"ired to retain a copy of
the will& or file another with the #ffice of the Clerk of
Co"rt. (n)
Art. 37/. (f the testator be deaf& or a deaf1!"te& he
!"st personally read the will& if able to do so8
otherwise& he shall desinate two persons to read it
and co!!"nicate to hi!& in so!e practicable
!anner& the contents thereof. (n)
Art. 373. (f the testator is blind& the will shall be read
to hi! twice8 once& by one of the s"bscribin
witnesses& and aain& by the notary p"blic before
who! the will is acknowleded. (n)
Art. 375. (n the absence of bad faith& forery& or fra"d&
or "nd"e and i!proper press"re and infl"ence&
defects and i!perfections in the for! of attestation or
in the lan"ae "sed therein shall not render the will
invalid if it is proved that the will was in fact e)ec"ted
and attested in s"bstantial co!pliance with all the
re0"ire!ents of Article 37+. (n)
Art. 317. A person !ay e)ec"te a holoraphic will
which !"st be entirely written& dated& and sined by
the hand of the testator hi!self. (t is s"b.ect to no
other for!& and !ay be !ade in or o"t of the
Philippines& and need not be witnessed. (,/3& ,33a)
Art. 311. (n the probate of a holoraphic will& it shall
be necessary that at least one witness who knows the
handwritin and sinat"re of the testator e)plicitly
declare that the will and the sinat"re are in the
handwritin of the testator. (f the will is contested& at
least three of s"ch witnesses shall be re0"ired.
(n the absence of any co!petent witness referred to
in the precedin pararaph& and if the co"rt dee! it
necessary& e)pert testi!ony !ay be resorted to.
(,15a)
Art. 312. (n holoraphic wills& the dispositions of the
testator written below his sinat"re !"st be dated and
sined by hi! in order to !ake the! valid as
testa!entary dispositions. (n)
Art. 31'. 2hen a n"!ber of dispositions appearin in
a holoraphic will are sined witho"t bein dated& and
the last disposition has a sinat"re and a date& s"ch
date validates the dispositions precedin it& whatever
be the ti!e of prior dispositions. (n)
Art. 31*. (n case of any insertion& cancellation&
eras"re or alteration in a holoraphic will& the testator
!"st a"thenticate the sa!e by his f"ll sinat"re. (n)
Art. 31+. 2hen a Ailipino is in a forein co"ntry& he is
a"thori%ed to !ake a will in any of the for!s
established by the law of the co"ntry in which he !ay
be. @"ch will !ay be probated in the Philippines. (n)
Art. 31,. The will of an alien who is abroad prod"ces
effect in the Philippines if !ade with the for!alities
prescribed by the law of the place in which he resides&
or accordin to the for!alities observed in his co"ntry&
or in confor!ity with those which this Code
prescribes. (n)
Art. 31/. A will !ade in the Philippines by a citi%en or
s"b.ect of another co"ntry& which is e)ec"ted in
accordance with the law of the co"ntry of which he is
a citi%en or s"b.ect& and which !iht be proved and
allowed by the law of his own co"ntry& shall have the
sa!e effect as if e)ec"ted accordin to the laws of
the Philippines. (n)
Art. 313. Two or !ore persons cannot !ake a will
.ointly& or in the sa!e instr"!ent& either for their
reciprocal benefit or for the benefit of a third person.
(,,5)
Art. 315. 2ills& prohibited by the precedin article&
e)ec"ted by Ailipinos in a forein co"ntry shall not be
valid in the Philippines& even tho"h a"thori%ed by the
laws of the co"ntry where they !ay have been
e)ec"ted. (/''a)

@?B@:CT(#6 *. 1 2itnesses to 2ills

Art. 327. Any person of so"nd !ind and of the ae of
eihteen years or !ore& and not bind& deaf or d"!b&
and able to read and write& !ay be a witness to the
e)ec"tion of a will !entioned in Article 37+ of this
Code. (n)
Art. 321. The followin are dis0"alified fro! bein
witnesses to a will<
(1) Any person not do!iciled in the Philippines8
(2) Those who have been convicted of falsification of
a doc"!ent& per."ry or false testi!ony. (n)
Art. 322. (f the witnesses attestin the e)ec"tion of a
will are co!petent at the ti!e of attestin& their
beco!in s"bse0"ently inco!petent shall not prevent
the allowance of the will. (n)
Art. 32'. (f a person attests the e)ec"tion of a will& to
who! or to whose spo"se& or parent& or child& a
devise or leacy is iven by s"ch will& s"ch devise or
leacy shall& so far only as concerns s"ch person& or
spo"se& or parent& or child of s"ch person& or any one
clai!in "nder s"ch person or spo"se& or parent& or
child& be void& "nless there are three other co!petent
witnesses to s"ch will. 9owever& s"ch person so
attestin shall be ad!itted as a witness as if s"ch
devise or leacy had not been !ade or iven. (n)
Art. 32*. A !ere chare on the estate of the testator
for the pay!ent of debts d"e at the ti!e of the
testator;s death does not prevent his creditors fro!
bein co!petent witnesses to his will. (n)
@?B@:CT(#6 +. 1 Codicils and (ncorporation by
-eference
Art. 32+. A codicil is s"pple!ent or addition to a will&
!ade after the e)ec"tion of a will and anne)ed to be
taken as a part thereof& by which disposition !ade in
the oriinal will is e)plained& added to& or altered. (n)
Art. 32,. (n order that a codicil !ay be effective& it
shall be e)ec"ted as in the case of a will. (n)
Art. 32/. (f a will& e)ec"ted as re0"ired by this Code&
incorporates into itself by reference any doc"!ent or
paper& s"ch doc"!ent or paper shall not be
considered a part of the will "nless the followin
re0"isites are present<
(1) The doc"!ent or paper referred to in the will !"st
be in e)istence at the ti!e of the e)ec"tion of the will8
(2) The will !"st clearly describe and identify the
sa!e& statin a!on other thins the n"!ber of
paes thereof8
(') (t !"st be identified by clear and satisfactory proof
as the doc"!ent or paper referred to therein8 and
(*) (t !"st be sined by the testator and the
witnesses on each and every pae& e)cept in case of
vol"!ino"s books of acco"nt or inventories. (n)
@?B@:CT(#6 ,. 1 -evocation of 2ills and
Testa!entary Dispositions

Art. 323. A will !ay be revoked by the testator at any
ti!e before his death. Any waiver or restriction of this
riht is void. (/'/a)
Art. 325. A revocation done o"tside the Philippines&
by a person who does not have his do!icile in this
co"ntry& is valid when it is done accordin to the law
of the place where the will was !ade& or accordin to
the law of the place in which the testator had his
do!icile at the ti!e8 and if the revocation takes place
in this co"ntry& when it is in accordance with the
provisions of this Code. (n)
Art. 3'7. 6o will shall be revoked e)cept in the
followin cases<
(1) By i!plication of law8 or
(2) By so!e will& codicil& or other writin e)ec"ted as
provided in case of wills8 or
(') By b"rnin& tearin& cancellin& or obliteratin the
will with the intention of revokin it& by the testator
hi!self& or by so!e other person in his presence& and
by his e)press direction. (f b"rned& torn& cancelled& or
obliterated by so!e other person& witho"t the e)press
direction of the testator& the will !ay still be
established& and the estate distrib"ted in accordance
therewith& if its contents& and d"e e)ec"tion& and the
fact of its "na"thori%ed destr"ction& cancellation& or
obliteration are established accordin to the -"les of
Co"rt. (n)
Art. 3'1. @"bse0"ent wills which do not revoke the
previo"s ones in an e)press !anner& ann"l only s"ch
dispositions in the prior wills as are inconsistent with
or contrary to those contained in the latter wills. (n)
Art. 3'2. A revocation !ade in a s"bse0"ent will shall
take effect& even if the new will sho"ld beco!e
inoperative by reason of the incapacity of the heirs&
devisees or leatees desinated therein& or by their
ren"nciation. (/*7a)
Art. 3''. A revocation of a will based on a false ca"se
or an illeal ca"se is n"ll and void. (n)
Art. 3'*. The reconition of an illeiti!ate child does
not lose its leal effect& even tho"h the will wherein it
was !ade sho"ld be revoked. (/1*)

@?B@:CT(#6 /. 1 -ep"blication and -evival of 2ills

Art. 3'+. The testator cannot rep"blish& witho"t
reprod"cin in a s"bse0"ent will& the dispositions
contained in a previo"s one which is void as to its
for!. (n)
Art. 3',. The e)ec"tion of a codicil referrin to a
previo"s will has the effect of rep"blishin the will as
!odified by the codicil. (n)
Art. 3'/. (f after !akin a will& the testator !akes a
second will e)pressly revokin the first& the revocation
of the second will does not revive the first will& which
can be revived only by another will or codicil. (/'5a)

@?B@:CT(#6 3. 1 Allowance and Disallowance of
2ills

Art. 3'3. 6o will shall pass either real or personal
property "nless it is proved and allowed in
accordance with the -"les of Co"rt.
The testator hi!self !ay& d"rin his lifeti!e& petition
the co"rt havin ."risdiction for the allowance of his
will. (n s"ch case& the pertinent provisions of the
-"les of Co"rt for the allowance of wills after the
testator;s a death shall overn.
The @"pre!e Co"rt shall for!"late s"ch additional
-"les of Co"rt as !ay be necessary for the allowance
of wills on petition of the testator.
@"b.ect to the riht of appeal& the allowance of the
will& either d"rin the lifeti!e of the testator or after
his death& shall be concl"sive as to its d"e e)ec"tion.
(n)
Art. 3'5. The will shall be disallowed in any of the
followin cases<
(1) (f the for!alities re0"ired by law have not been
co!plied with8
(2) (f the testator was insane& or otherwise !entally
incapable of !akin a will& at the ti!e of its e)ec"tion8
(') (f it was e)ec"ted thro"h force or "nder d"ress&
or the infl"ence of fear& or threats8
(*) (f it was proc"red by "nd"e and i!proper press"re
and infl"ence& on the part of the beneficiary or of
so!e other person8
(+) (f the sinat"re of the testator was proc"red by
fra"d8
(,) (f the testator acted by !istake or did not intend
that the instr"!ent he sined sho"ld be his will at the
ti!e of affi)in his sinat"re thereto. (n)
@:CT(#6 2. 1 (nstit"tion of 9eir

Art. 3*7. (nstit"tion of heir is an act by virt"e of which
a testator desinates in his will the person or persons
who are to s"cceed hi! in his property and
trans!issible rihts and obliations. (n)
Art. 3*1. A will shall be valid even tho"h it sho"ld not
contain an instit"tion of an heir& or s"ch instit"tion
sho"ld not co!prise the entire estate& and even
tho"h the person so instit"ted sho"ld not accept the
inheritance or sho"ld be incapacitated to s"cceed.
(n s"ch cases the testa!entary dispositions !ade in
accordance with law shall be co!plied with and the
re!ainder of the estate shall pass to the leal heirs.
(/,*)
Art. 3*2. #ne who has no co!p"lsory heirs !ay
dispose by will of all his estate or any part of it in favor
of any person havin capacity to s"cceed.
#ne who has co!p"lsory heirs !ay dispose of his
estate provided he does not contravene the
provisions of this Code with reard to the leiti!e of
said heirs. (/,'a)
Art. 3*'. The testator shall desinate the heir by his
na!e and s"rna!e& and when there are two persons
havin the sa!e na!es& he shall indicate so!e
circ"!stance by which the instit"ted heir !ay be
known.
:ven tho"h the testator !ay have o!itted the na!e
of the heir& sho"ld he desinate hi! in s"ch !anner
that there can be no do"bt as to who has been
instit"ted& the instit"tion shall be valid. (//2)
Art. 3**. An error in the na!e& s"rna!e& or
circ"!stances of the heir shall not vitiate the
instit"tion when it is possible& in any other !anner& to
know with certainty the person instit"ted.
(f a!on persons havin the sa!e na!es and
s"rna!es& there is a si!ilarity of circ"!stances in
s"ch a way that& even with the "se of the other proof&
the person instit"ted cannot be identified& none of
the! shall be an heir. (//'a)
Art. 3*+. :very disposition in favor of an "nknown
person shall be void& "nless by so!e event or
circ"!stance his identity beco!es certain. 9owever&
a disposition in favor of a definite class or ro"p of
persons shall be valid. (/+7a)
Art. 3*,. 9eirs instit"ted witho"t desination of shares
shall inherit in e0"al parts. (/,+)
Art. 3*/. 2hen the testator instit"tes so!e heirs
individ"ally and others collectively as when he says& "(
desinate as !y heirs A and B& and the children of C&"
those collectively desinated shall be considered as
individ"ally instit"ted& "nless it clearly appears that
the intention of the testator was otherwise. (/,5a)
Art. 3*3. (f the testator sho"ld instit"te his brothers
and sisters& and he has so!e of f"ll blood and others
of half blood& the inheritance shall be distrib"ted
e0"ally "nless a different intention appears. (//7a)
Art. 3*5. 2hen the testator calls to the s"ccession a
person and his children they are all dee!ed to have
been instit"ted si!"ltaneo"sly and not s"ccessively.
(//1)
Art. 3+7. The state!ent of a false ca"se for the
instit"tion of an heir shall be considered as not
written& "nless it appears fro! the will that the testator
wo"ld not have !ade s"ch instit"tion if he had known
the falsity of s"ch ca"se. (/,/a)
Art. 3+1. (f the testator has instit"ted only one heir&
and the instit"tion is li!ited to an ali0"ot part of the
inheritance& leal s"ccession takes place with respect
to the re!ainder of the estate.
The sa!e r"le applies if the testator has instit"ted
several heirs& each bein li!ited to an ali0"ot part&
and all the parts do not cover the whole inheritance.
(n)
Art. 3+2. (f it was the intention of the testator that the
instit"ted heirs sho"ld beco!e sole heirs to the whole
estate& or the whole free portion& as the case !ay be&
and each of the! has been instit"ted to an ali0"ot
part of the inheritance and their ali0"ot parts toether
do not cover the whole inheritance& or the whole free
portion& each part shall be increased proportionally.
(n)
Art. 3+'. (f each of the instit"ted heirs has been iven
an ali0"ot part of the inheritance& and the parts
toether e)ceed the whole inheritance& or the whole
free portion& as the case !ay be& each part shall be
red"ced proportionally. (n)
Art. 3+*. The preterition or o!ission of one& so!e& or
all of the co!p"lsory heirs in the direct line& whether
livin at the ti!e of the e)ec"tion of the will or born
after the death of the testator& shall ann"l the
instit"tion of heir8 b"t the devises and leacies shall
be valid insofar as they are not inofficio"s.
(f the o!itted co!p"lsory heirs sho"ld die before the
testator& the instit"tion shall be effect"al& witho"t
pre."dice to the riht of representation. (31*a)
Art. 3++. The share of a child or descendant o!itted
in a will !"st first be taken fro! the part of the estate
not disposed of by the will& if any8 if that is not
s"fficient& so !"ch as !ay be necessary !"st be
taken proportionally fro! the shares of the other
co!p"lsory heirs. (1737a)
Art. 3+,. A vol"ntary heir who dies before the testator
trans!its nothin to his heirs.
A co!p"lsory heir who dies before the testator& a
person incapacitated to s"cceed& and one who
reno"nces the inheritance& shall trans!it no riht to
his own heirs e)cept in cases e)pressly provided for
in this Code. (/,,a)

@:CT(#6 '. 1 @"bstit"tion of 9eirs

Art. 3+/. @"bstit"tion is the appoint!ent of another
heir so that he !ay enter into the inheritance in
defa"lt of the heir oriinally instit"ted. (n)
Art. 3+3. @"bstit"tion of heirs !ay be<
(1) @i!ple or co!!on8
(2) Brief or co!pendio"s8
(') -eciprocal8 or
(*) Aideico!!issary. (n)
Art. 3+5. The testator !ay desinate one or !ore
persons to s"bstit"te the heir or heirs instit"ted in
case s"ch heir or heirs sho"ld die before hi!& or
sho"ld not wish& or sho"ld be incapacitated to accept
the inheritance.
A si!ple s"bstit"tion& witho"t a state!ent of the
cases to which it refers& shall co!prise the three
!entioned in the precedin pararaph& "nless the
testator has otherwise provided. (//*)
Art. 3,7. Two or !ore persons !ay be s"bstit"ted for
one8 and one person for two or !ore heirs. (//3)
Art. 3,1. (f heirs instit"ted in "ne0"al shares sho"ld
be reciprocally s"bstit"ted& the s"bstit"te shall ac0"ire
the share of the heir who dies& reno"nces& or is
incapacitated& "nless it clearly appears that the
intention of the testator was otherwise. (f there are
!ore than one s"bstit"te& they shall have the sa!e
share in the s"bstit"tion as in the instit"tion. (//5a)
Art. 3,2. The s"bstit"te shall be s"b.ect to the sa!e
chares and conditions i!posed "pon the instit"ted
heir& "nless and testator has e)pressly provided the
contrary& or the chares or conditions are personally
applicable only to the heir instit"ted. (/37)
Art. 3,'. A fideico!!issary s"bstit"tion by virt"e of
which the fid"ciary or first heir instit"ted is entr"sted
with the obliation to preserve and to trans!it to a
second heir the whole or part of the inheritance& shall
be valid and shall take effect& provided s"ch
s"bstit"tion does not o beyond one deree fro! the
heir oriinally instit"ted& and provided f"rther& that the
fid"ciary or first heir and the second heir are livin at
the ti!e of the death of the testator. (/31a)
Art. 3,*. A fideico!!issary s"bstit"tion can never
b"rden the leiti!e. (/32a)
Art. 3,+. :very fideico!!issary s"bstit"tion !"st be
e)pressly !ade in order that it !ay be valid.
The fid"ciary shall be oblied to deliver the
inheritance to the second heir& witho"t other
ded"ctions than those which arise fro! leiti!ate
e)penses& credits and i!prove!ents& save in the
case where the testator has provided otherwise. (/3')
Art. 3,,. The second heir shall ac0"ire a riht to the
s"ccession fro! the ti!e of the testator;s death& even
tho"h he sho"ld die before the fid"ciary. The riht of
the second heir shall pass to his heirs. (/3*)
Art. 3,/. The followin shall not take effect<
(1) Aideico!!issary s"bstit"tions which are not !ade
in an e)press !anner& either by ivin the! this
na!e& or i!posin "pon the fid"ciary the absol"te
obliation to deliver the property to a second heir8
(2) Provisions which contain a perpet"al prohibition to
alienate& and even a te!porary one& beyond the li!it
fi)ed in article 3,'8
(') Those which i!pose "pon the heir the chare of
payin to vario"s persons s"ccessively& beyond the
li!it prescribed in article 3,'& a certain inco!e or
pension8
(*) Those which leave to a person the whole part of
the hereditary property in order that he !ay apply or
invest the sa!e accordin to secret instr"ctions
co!!"nicated to hi! by the testator. (/3+a)
Art. 3,3. The n"llity of the fideico!!issary
s"bstit"tion does not pre."dice the validity of the
instit"tion of the heirs first desinated8 the
fideico!!issary cla"se shall si!ply be considered as
not written. (/3,)
Art. 3,5. A provision whereby the testator leaves to a
person the whole or part of the inheritance& and to
another the "s"fr"ct& shall be valid. (f he ives the
"s"fr"ct to vario"s persons& not si!"ltaneo"sly& b"t
s"ccessively& the provisions of Article 3,' shall apply.
(/3/a)
Art. 3/7. The dispositions of the testator declarin all
or part of the estate inalienable for !ore than twenty
years are void. (n)

@:CT(#6 *. 1 Conditional Testa!entary Dispositions
and Testa!entary Dispositions 2ith a Ter!

Art. 3/1. The instit"tion of an heir !ay be !ade
conditionally& or for a certain p"rpose or ca"se. (/57a)
Art. 3/2. The testator cannot i!pose any chare&
condition& or s"bstit"tion whatsoever "pon the
leiti!es prescribed in this Code. @ho"ld he do so&
the sa!e shall be considered as not i!posed. (31'a)
Art. 3/'. (!possible conditions and those contrary to
law or ood c"sto!s shall be considered as not
i!posed and shall in no !anner pre."dice the heir&
even if the testator sho"ld otherwise provide. (/52a)
Art. 3/*. An absol"te condition not to contract a first
or s"bse0"ent !arriae shall be considered as not
written "nless s"ch condition has been i!posed on
the widow or widower by the deceased spo"se& or by
the latter;s ascendants or descendants.
6evertheless& the riht of "s"fr"ct& or an allowance or
so!e personal prestation !ay be devised or
be0"eathed to any person for the ti!e d"rin which
he or she sho"ld re!ain "n!arried or in widowhood.
(/5'a)
Art. 3/+. Any disposition !ade "pon the condition that
the heir shall !ake so!e provision in his will in favor
of the testator or of any other person shall be void.
(/5*a)
Art. 3/,. Any p"rely potestative condition i!posed
"pon an heir !"st be f"lfilled by hi! as soon as he
learns of the testator;s death.
This r"le shall not apply when the condition& already
co!plied with& cannot be f"lfilled aain. (/5+a)
Art. 3//. (f the condition is cas"al or !i)ed& it shall be
s"fficient if it happens or be f"lfilled at any ti!e before
or after the death of the testator& "nless he has
provided otherwise.
@ho"ld it have e)isted or sho"ld it have been f"lfilled
at the ti!e the will was e)ec"ted and the testator was
"naware thereof& it shall be dee!ed as co!plied with.
(f he had knowlede thereof& the condition shall be
considered f"lfilled only when it is of s"ch a nat"re
that it can no loner e)ist or be co!plied with aain.
(/5,)
Art. 3/3. A disposition with a s"spensive ter! does
not prevent the instit"ted heir fro! ac0"irin his rihts
and trans!ittin the! to his heirs even before the
arrival of the ter!. (/55a)
Art. 3/5. (f the potestative condition i!posed "pon the
heir is neative& or consists in not doin or not ivin
so!ethin& he shall co!ply by ivin a sec"rity that
he will not do or ive that which has been prohibited
by the testator& and that in case of contravention he
will ret"rn whatever he !ay have received& toether
with its fr"its and interests. (377a)
Art. 337. (f the heir be instit"ted "nder a s"spensive
condition or ter!& the estate shall be placed "nder
ad!inistration "ntil the condition is f"lfilled& or "ntil it
beco!es certain that it cannot be f"lfilled& or "ntil the
arrival of the ter!.
The sa!e shall be done if the heir does not ive the
sec"rity re0"ired in the precedin article. (371a)
Art. 331. The appoint!ent of the ad!inistrator of the
estate !entioned in the precedin article& as well as
the !anner of the ad!inistration and the rihts and
obliations of the ad!inistrator shall be overned by
the -"les of Co"rt. (37*a)
Art. 332. The state!ent of the ob.ect of the instit"tion&
or the application of the property left by the testator&
or the chare i!posed by hi!& shall not be
considered as a condition "nless it appears that s"ch
was his intention.
That which has been left in this !anner !ay be
clai!ed at once provided that the instit"ted heir or his
heirs ive sec"rity for co!pliance with the wishes of
the testator and for the ret"rn of anythin he or they
!ay receive& toether with its fr"its and interests& if he
or they sho"ld disreard this obliation. (/5/a)
Art. 33'. 2hen witho"t the fa"lt of the heir& an
instit"tion referred to in the precedin article cannot
take effect in the e)act !anner stated by the testator&
it shall be co!plied with in a !anner !ost analoo"s
to and in confor!ity with his wishes.
(f the person interested in the condition sho"ld
prevent its f"lfill!ent& witho"t the fa"lt of the heir& the
condition shall be dee!ed to have been co!plied
with. (/53a)
Art. 33*. Conditions i!posed by the testator "pon the
heirs shall be overned by the r"les established for
conditional obliations in all !atters not provided for
by this @ection. (/51a)
Art. 33+. The desination of the day or ti!e when the
effects of the instit"tion of an heir shall co!!ence or
cease shall be valid.
(n both cases& the leal heir shall be considered as
called to the s"ccession "ntil the arrival of the period
or its e)piration. B"t in the first case he shall not enter
into possession of the property "ntil after havin iven
s"fficient sec"rity& with the intervention of the
instit"ted heir. (37+)

@:CT(#6 +. 1 Leiti!e

Art. 33,. Leiti!e is that part of the testator;s property
which he cannot dispose of beca"se the law has
reserved it for certain heirs who are& therefore& called
co!p"lsory heirs. (37,)
Art. 33/. The followin are co!p"lsory heirs<
(1) Leiti!ate children and descendants& with respect
to their leiti!ate parents and ascendants8
(2) (n defa"lt of the foreoin& leiti!ate parents and
ascendants& with respect to their leiti!ate children
and descendants8
(') The widow or widower8
(*) Acknowleded nat"ral children& and nat"ral
children by leal fiction8
(+) #ther illeiti!ate children referred to in Article
23/.
Co!p"lsory heirs !entioned in 6os. '& *& and + are
not e)cl"ded by those in 6os. 1 and 28 neither do they
e)cl"de one another.
(n all cases of illeiti!ate children& their filiation !"st
be d"ly proved.
The father or !other of illeiti!ate children of the
three classes !entioned& shall inherit fro! the! in the
!anner and to the e)tent established by this Code.
(37/a)
Art. 333. The leiti!e of leiti!ate children and
descendants consists of one1half of the hereditary
estate of the father and of the !other.
The latter !ay freely dispose of the re!ainin half&
s"b.ect to the rihts of illeiti!ate children and of the
s"rvivin spo"se as hereinafter provided. (373a)
Art. 335. The leiti!e of leiti!ate parents or
ascendants consists of one1half of the hereditary
estates of their children and descendants.
The children or descendants !ay freely dispose of
the other half& s"b.ect to the rihts of illeiti!ate
children and of the s"rvivin spo"se as hereinafter
provided. (375a)
Art. 357. The leiti!e reserved for the leiti!ate
parents shall be divided between the! e0"ally8 if one
of the parents sho"ld have died& the whole shall pass
to the s"rvivor.
(f the testator leaves neither father nor !other& b"t is
s"rvived by ascendants of e0"al deree of the
paternal and !aternal lines& the leiti!e shall be
divided e0"ally between both lines. (f the ascendants
sho"ld be of different derees& it shall pertain entirely
to the ones nearest in deree of either line. (317)
Art. 351. The ascendant who inherits fro! his
descendant any property which the latter !ay have
ac0"ired by rat"ito"s title fro! another ascendant& or
a brother or sister& is oblied to reserve s"ch property
as he !ay have ac0"ired by operation of law for the
benefit of relatives who are within the third deree
and who belon to the line fro! which said property
ca!e. (3/1)
Art. 352. (f only one leiti!ate child or descendant of
the deceased s"rvives& the widow or widower shall be
entitled to one1fo"rth of the hereditary estate. (n case
of a leal separation& the s"rvivin spo"se !ay inherit
if it was the deceased who had iven ca"se for the
sa!e.
(f there are two or !ore leiti!ate children or
descendants& the s"rvivin spo"se shall be entitled to
a portion e0"al to the leiti!e of each of the
leiti!ate children or descendants.
(n both cases& the leiti!e of the s"rvivin spo"se
shall be taken fro! the portion that can be freely
disposed of by the testator. (3'*a)
Art. 35'. (f the testator leaves no leiti!ate
descendants& b"t leaves leiti!ate ascendants& the
s"rvivin spo"se shall have a riht to one1fo"rth of
the hereditary estate.
This fo"rth shall be taken fro! the free portion of the
estate. (3',a)
Art. 35*. (f the testator leaves illeiti!ate children& the
s"rvivin spo"se shall be entitled to one1third of the
hereditary estate of the deceased and the illeiti!ate
children to another third. The re!ainin third shall be
at the free disposal of the testator. (n)
Art. 35+. The leiti!e of each of the acknowleded
nat"ral children and each of the nat"ral children by
leal fiction shall consist of one1half of the leiti!e of
each of the leiti!ate children or descendants.
The leiti!e of an illeiti!ate child who is neither an
acknowleded nat"ral& nor a nat"ral child by leal
fiction& shall be e0"al in every case to fo"r1fifths of the
leiti!e of an acknowleded nat"ral child.
The leiti!e of the illeiti!ate children shall be taken
fro! the portion of the estate at the free disposal of
the testator& provided that in no case shall the total
leiti!e of s"ch illeiti!ate children e)ceed that free
portion& and that the leiti!e of the s"rvivin spo"se
!"st first be f"lly satisfied. (3*7a)
Art. 35,. (lleiti!ate children who !ay s"rvive with
leiti!ate parents or ascendants of the deceased
shall be entitled to one1fo"rth of the hereditary estate
to be taken fro! the portion at the free disposal of the
testator. (3*1a)
Art. 35/. 2hen the widow or widower s"rvives with
leiti!ate children or descendants& and
acknowleded nat"ral children& or nat"ral children by
leal fiction& s"ch s"rvivin spo"se shall be entitled to
a portion e0"al to the leiti!e of each of the
leiti!ate children which !"st be taken fro! that part
of the estate which the testator can freely dispose of.
(n)
Art. 353. (f the widow or widower s"rvives with
leiti!ate children or descendants& and with
illeiti!ate children other than acknowleded nat"ral&
or nat"ral children by leal fiction& the share of the
s"rvivin spo"se shall be the sa!e as that provided
in the precedin article. (n)
Art. 355. 2hen the widow or widower s"rvives with
leiti!ate parents or ascendants and with illeiti!ate
children& s"ch s"rvivin spo"se shall be entitled to
one1eihth of the hereditary estate of the deceased
which !"st be taken fro! the free portion& and the
illeiti!ate children shall be entitled to one1fo"rth of
the estate which shall be taken also fro! the
disposable portion. The testator !ay freely dispose of
the re!ainin one1eihth of the estate. (n)
Art. 577. (f the only s"rvivor is the widow or widower&
she or he shall be entitled to one1half of the hereditary
estate of the deceased spo"se& and the testator !ay
freely dispose of the other half. (3'/a)
(f the !arriae between the s"rvivin spo"se and the
testator was sole!ni%ed in artic"lo !ortis& and the
testator died within three !onths fro! the ti!e of the
!arriae& the leiti!e of the s"rvivin spo"se as the
sole heir shall be one1third of the hereditary estate&
e)cept when they have been livin as h"sband and
wife for !ore than five years. (n the latter case& the
leiti!e of the s"rvivin spo"se shall be that specified
in the precedin pararaph. (n)
Art. 571. 2hen the testator dies leavin illeiti!ate
children and no other co!p"lsory heirs& s"ch
illeiti!ate children shall have a riht to one1half of
the hereditary estate of the deceased.
The other half shall be at the free disposal of the
testator. (3*2a)
Art. 572. The rihts of illeiti!ate children set forth in
the precedin articles are trans!itted "pon their death
to their descendants& whether leiti!ate or
illeiti!ate. (3*'a)
Art. 57'. The leiti!e of the parents who have an
illeiti!ate child& when s"ch child leaves neither
leiti!ate descendants& nor a s"rvivin spo"se& nor
illeiti!ate children& is one1half of the hereditary
estate of s"ch illeiti!ate child. (f only leiti!ate or
illeiti!ate children are left& the parents are not
entitled to any leiti!e whatsoever. (f only the widow
or widower s"rvives with parents of the illeiti!ate
child& the leiti!e of the parents is one1fo"rth of the
hereditary estate of the child& and that of the s"rvivin
spo"se also one1fo"rth of the estate. (n)
Art. 57*. The testator cannot deprive his co!p"lsory
heirs of their leiti!e& e)cept in cases e)pressly
specified by law.
6either can he i!pose "pon the sa!e any b"rden&
enc"!brance& condition& or s"bstit"tion of any kind
whatsoever. (31'a)
Art. 57+. :very ren"nciation or co!pro!ise as
reards a f"t"re leiti!e between the person owin it
and his co!p"lsory heirs is void& and the latter !ay
clai! the sa!e "pon the death of the for!er8 b"t they
!"st brin to collation whatever they !ay have
received by virt"e of the ren"nciation or co!pro!ise.
(31,)
Art. 57,. Any co!p"lsory heir to who! the testator
has left by any title less than the leiti!e belonin to
hi! !ay de!and that the sa!e be f"lly satisfied.
(31+)
Art. 57/. Testa!entary dispositions that i!pair or
di!inish the leiti!e of the co!p"lsory heirs shall be
red"ced on petition of the sa!e& insofar as they !ay
be inofficio"s or e)cessive. (31/)
Art. 573. To deter!ine the leiti!e& the val"e of the
property left at the death of the testator shall be
considered& ded"ctin all debts and chares& which
shall not incl"de those i!posed in the will.
To the net val"e of the hereditary estate& shall be
added the val"e of all donations by the testator that
are s"b.ect to collation& at the ti!e he !ade the!.
(313a)
Art. 575. Donations iven to children shall be chared
to their leiti!e.
Donations !ade to straners shall be chared to that
part of the estate of which the testator co"ld have
disposed by his last will.
(nsofar as they !ay be inofficio"s or !ay e)ceed the
disposable portion& they shall be red"ced accordin to
the r"les established by this Code. (315a)
Art. 517. Donations which an illeiti!ate child !ay
have received d"rin the lifeti!e of his father or
!other& shall be chared to his leiti!e.
@ho"ld they e)ceed the portion that can be freely
disposed of& they shall be red"ced in the !anner
prescribed by this Code. (3*/a)
Art. 511. After the leiti!e has been deter!ined in
accordance with the three precedin articles& the
red"ction shall be !ade as follows<
(1) Donations shall be respected as lon as the
leiti!e can be covered& red"cin or ann"llin& if
necessary& the devises or leacies !ade in the will8
(2) The red"ction of the devises or leacies shall be
pro rata& witho"t any distinction whatever.
(f the testator has directed that a certain devise or
leacy be paid in preference to others& it shall not
s"ffer any red"ction "ntil the latter have been applied
in f"ll to the pay!ent of the leiti!e.
(') (f the devise or leacy consists of a "s"fr"ct or life
ann"ity& whose val"e !ay be considered reater than
that of the disposable portion& the co!p"lsory heirs
!ay choose between co!plyin with the
testa!entary provision and deliverin to the devisee
or leatee the part of the inheritance of which the
testator co"ld freely dispose. (327a)
Art. 512. (f the devise s"b.ect to red"ction sho"ld
consist of real property& which cannot be conveniently
divided& it shall o to the devisee if the red"ction does
not absorb one1half of its val"e8 and in a contrary
case& to the co!p"lsory heirs8 b"t the for!er and the
latter shall rei!b"rse each other in cash for what
respectively belons to the!.
The devisee who is entitled to a leiti!e !ay retain
the entire property& provided its val"e does not
e)ceed that of the disposable portion and of the share
pertainin to hi! as leiti!e. (321)
Art. 51'. (f the heirs or devisees do not choose to
avail the!selves of the riht ranted by the precedin
article& any heir or devisee who did not have s"ch
riht !ay e)ercise it8 sho"ld the latter not !ake "se of
it& the property shall be sold at p"blic a"ction at the
instance of any one of the interested parties. (322)
Art. 51*. The testator !ay devise and be0"eath the
free portion as he !ay dee! fit. (n)

@:CT(#6 ,. 1 Disinheritance

Art. 51+. A co!p"lsory heir !ay& in conse0"ence of
disinheritance& be deprived of his leiti!e& for ca"ses
e)pressly stated by law. (3*3a)
Art. 51,. Disinheritance can be effected only thro"h
a will wherein the leal ca"se therefor shall be
specified. (3*5)
Art. 51/. The b"rden of provin the tr"th of the ca"se
for disinheritance shall rest "pon the other heirs of the
testator& if the disinherited heir sho"ld deny it. (3+7)
Art. 513. Disinheritance witho"t a specification of the
ca"se& or for a ca"se the tr"th of which& if
contradicted& is not proved& or which is not one of
those set forth in this Code& shall ann"l the instit"tion
of heirs insofar as it !ay pre."dice the person
disinherited8 b"t the devises and leacies and other
testa!entary dispositions shall be valid to s"ch e)tent
as will not i!pair the leiti!e. (3+1a)
Art. 515. The followin shall be s"fficient ca"ses for
the disinheritance of children and descendants&
leiti!ate as well as illeiti!ate<
(1) 2hen a child or descendant has been fo"nd "ilty
of an atte!pt aainst the life of the testator& his or her
spo"se& descendants& or ascendants8
(2) 2hen a child or descendant has acc"sed the
testator of a cri!e for which the law prescribes
i!prison!ent for si) years or !ore& if the acc"sation
has been fo"nd ro"ndless8
(') 2hen a child or descendant has been convicted of
ad"ltery or conc"binae with the spo"se of the
testator8
(*) 2hen a child or descendant by fra"d& violence&
inti!idation& or "nd"e infl"ence ca"ses the testator to
!ake a will or to chane one already !ade8
(+) A ref"sal witho"t ."stifiable ca"se to s"pport the
parent or ascendant who disinherits s"ch child or
descendant8
(,) =altreat!ent of the testator by word or deed& by
the child or descendant8
(/) 2hen a child or descendant leads a dishonorable
or disracef"l life8
(3) Conviction of a cri!e which carries with it the
penalty of civil interdiction. (/+,& 3+'& ,/*a)
Art. 527. The followin shall be s"fficient ca"ses for
the disinheritance of parents or ascendants& whether
leiti!ate or illeiti!ate<
(1) 2hen the parents have abandoned their children
or ind"ced their da"hters to live a corr"pt or i!!oral
life& or atte!pted aainst their virt"e8
(2) 2hen the parent or ascendant has been convicted
of an atte!pt aainst the life of the testator& his or her
spo"se& descendants& or ascendants8
(') 2hen the parent or ascendant has acc"sed the
testator of a cri!e for which the law prescribes
i!prison!ent for si) years or !ore& if the acc"sation
has been fo"nd to be false8
(*) 2hen the parent or ascendant has been convicted
of ad"ltery or conc"binae with the spo"se of the
testator8
(+) 2hen the parent or ascendant by fra"d& violence&
inti!idation& or "nd"e infl"ence ca"ses the testator to
!ake a will or to chane one already !ade8
(,) The loss of parental a"thority for ca"ses specified
in this Code8
(/) The ref"sal to s"pport the children or descendants
witho"t ."stifiable ca"se8
(3) An atte!pt by one of the parents aainst the life of
the other& "nless there has been a reconciliation
between the!. (/+,& 3+*& ,/*a)
Art. 521. The followin shall be s"fficient ca"ses for
disinheritin a spo"se<
(1) 2hen the spo"se has been convicted of an
atte!pt aainst the life of the testator& his or her
descendants& or ascendants8
(2) 2hen the spo"se has acc"sed the testator of a
cri!e for which the law prescribes i!prison!ent of si)
years or !ore& and the acc"sation has been fo"nd to
be false8
(') 2hen the spo"se by fra"d& violence& inti!idation&
or "nd"e infl"ence ca"se the testator to !ake a will or
to chane one already !ade8
(*) 2hen the spo"se has iven ca"se for leal
separation8
(+) 2hen the spo"se has iven ro"nds for the loss
of parental a"thority8
(,) ?n."stifiable ref"sal to s"pport the children or the
other spo"se. (/+,& 3++& ,/*a)
Art. 522. A s"bse0"ent reconciliation between the
offender and the offended person deprives the latter
of the riht to disinherit& and renders ineffect"al any
disinheritance that !ay have been !ade. (3+,)
Art. 52'. The children and descendants of the person
disinherited shall take his or her place and shall
preserve the rihts of co!p"lsory heirs with respect to
the leiti!e8 b"t the disinherited parent shall not have
the "s"fr"ct or ad!inistration of the property which
constit"tes the leiti!e. (3+/)

@:CT(#6 /. 1 Leacies and Devises

Art. 52*. All thins and rihts which are within the
co!!erce of !an be be0"eathed or devised. (3,+a)
Art. 52+. A testator !ay chare with leacies and
devises not only his co!p"lsory heirs b"t also the
leatees and devisees.
The latter shall be liable for the chare only to the
e)tent of the val"e of the leacy or the devise
received by the!. The co!p"lsory heirs shall not be
liable for the chare beyond the a!o"nt of the free
portion iven the!. (3+3a)
Art. 52,. 2hen the testator chares one of the heirs
with a leacy or devise& he alone shall be bo"nd.
@ho"ld he not chare anyone in partic"lar& all shall be
liable in the sa!e proportion in which they !ay
inherit. (3+5)
Art. 52/. (f two or !ore heirs take possession of the
estate& they shall be solidarily liable for the loss or
destr"ction of a thin devised or be0"eathed& even
tho"h only one of the! sho"ld have been nelient.
(n)
Art. 523. The heir who is bo"nd to deliver the leacy
or devise shall be liable in case of eviction& if the thin
is indeter!inate and is indicated only by its kind.
(3,7)
Art. 525. (f the testator& heir& or leatee owns only a
part of& or an interest in the thin be0"eathed& the
leacy or devise shall be "nderstood li!ited to s"ch
part or interest& "nless the testator e)pressly declares
that he ives the thin in its entirety. (3,*a)
Art. 5'7. The leacy or devise of a thin belonin to
another person is void& if the testator erroneo"sly
believed that the thin pertained to hi!. B"t if the
thin be0"eathed& tho"h not belonin to the
testator when he !ade the will& afterwards beco!es
his& by whatever title& the disposition shall take effect.
(3,2a)
Art. 5'1. (f the testator orders that a thin belonin to
another be ac0"ired in order that it be iven to a
leatee or devisee& the heir "pon who! the obliation
is i!posed or the estate !"st ac0"ire it and ive the
sa!e to the leatee or devisee8 b"t if the owner of the
thin ref"ses to alienate the sa!e& or de!ands an
e)cessive price therefor& the heir or the estate shall
only be oblied to ive the ."st val"e of the thin.
(3,1a)
Art. 5'2. The leacy or devise of a thin which at the
ti!e of the e)ec"tion of the will already beloned to
the leatee or devisee shall be ineffective& even
tho"h another person !ay have so!e interest
therein.
(f the testator e)pressly orders that the thin be freed
fro! s"ch interest or enc"!brance& the leacy or
devise shall be valid to that e)tent. (3,,a)
Art. 5''. (f the thin be0"eathed beloned to the
leatee or devisee at the ti!e of the e)ec"tion of the
will& the leacy or devise shall be witho"t effect& even
tho"h it !ay have s"bse0"ently alienated by hi!.
(f the leatee or devisee ac0"ires it rat"ito"sly after
s"ch ti!e& he can clai! nothin by virt"e of the
leacy or devise8 b"t if it has been ac0"ired by
onero"s title he can de!and rei!b"rse!ent fro! the
heir or the estate. (3/3a)
Art. 5'*. (f the testator sho"ld be0"eath or devise
so!ethin pleded or !ortaed to sec"re a
recoverable debt before the e)ec"tion of the will& the
estate is oblied to pay the debt& "nless the contrary
intention appears.
The sa!e r"le applies when the thin is pleded or
!ortaed after the e)ec"tion of the will.
Any other chare& perpet"al or te!porary& with which
the thin be0"eathed is b"rdened& passes with it to
the leatee or devisee. (3,/a)
Art. 5'+. The leacy of a credit aainst a third person
or of the re!ission or release of a debt of the leatee
shall be effective only as reards that part of the
credit or debt e)istin at the ti!e of the death of the
testator.
(n the first case& the estate shall co!ply with the
leacy by assinin to the leatee all rihts of action it
!ay have aainst the debtor. (n the second case& by
ivin the leatee an ac0"ittance& sho"ld he re0"est
one.
(n both cases& the leacy shall co!prise all interests
on the credit or debt which !ay be d"e the testator at
the ti!e of his death. (3/7a)
Art. 5',. The leacy referred to in the precedin
article shall lapse if the testator& after havin !ade it&
sho"ld brin an action aainst the debtor for the
pay!ent of his debt& even if s"ch pay!ent sho"ld not
have been effected at the ti!e of his death.
The leacy to the debtor of the thin pleded by hi!
is "nderstood to dischare only the riht of plede.
(3/1)
Art. 5'/. A eneric leacy of release or re!ission of
debts co!prises those e)istin at the ti!e of the
e)ec"tion of the will& b"t not s"bse0"ent ones. (3/2)
Art. 5'3. A leacy or devise !ade to a creditor shall
not be applied to his credit& "nless the testator so
e)pressly declares.
(n the latter case& the creditor shall have the riht to
collect the e)cess& if any& of the credit or of the leacy
or devise. (3'/a)
Art. 5'5. (f the testator orders the pay!ent of what he
believes he owes b"t does not in fact owe& the
disposition shall be considered as not written. (f as
reards a specified debt !ore than the a!o"nt
thereof is ordered paid& the e)cess is not d"e& "nless
a contrary intention appears.
The foreoin provisions are witho"t pre."dice to the
f"lfill!ent of nat"ral obliations. (n)
Art. 5*7. (n alternative leacies or devises& the choice
is pres"!ed to be left to the heir "pon who! the
obliation to ive the leacy or devise !ay be
i!posed& or the e)ec"tor or ad!inistrator of the
estate if no partic"lar heir is so oblied.
(f the heir& leatee or devisee& who !ay have been
iven the choice& dies before !akin it& this riht shall
pass to the respective heirs.
#nce !ade& the choice is irrevocable.
(n the alternative leacies or devises& e)cept as
herein provided& the provisions of this Code re"latin
obliations of the sa!e kind shall be observed& save
s"ch !odifications as !ay appear fro! the intention
e)pressed by the testator. (3/*a)
Art. 5*1. A leacy of eneric personal property shall
be valid even if there be no thins of the sa!e kind in
the estate.
A devise of indeter!inate real property shall be valid
only if there be i!!ovable property of its kind in the
estate.
The riht of choice shall belon to the e)ec"tor or
ad!inistrator who shall co!ply with the leacy by the
delivery of a thin which is neither of inferior nor of
s"perior 0"ality. (3/+a)
Art. 5*2. 2henever the testator e)pressly leaves the
riht of choice to the heir& or to the leatee or devisee&
the for!er !ay ive or the latter !ay choose
whichever he !ay prefer. (3/,a)
Art. 5*'. (f the heir& leatee or devisee cannot !ake
the choice& in case it has been ranted hi!& his riht
shall pass to his heirs8 b"t a choice once !ade shall
be irrevocable. (3//a)
Art. 5**. A leacy for ed"cation lasts "ntil the leatee
is of ae& or beyond the ae of !a.ority in order that
the leatee !ay finish so!e professional& vocational
or eneral co"rse& provided he p"rs"es his co"rse
diliently.
A leacy for s"pport lasts d"rin the lifeti!e of the
leatee& if the testator has not otherwise provided.
(f the testator has not fi)ed the a!o"nt of s"ch
leacies& it shall be fi)ed in accordance with the social
standin and the circ"!stances of the leatee and
the val"e of the estate.
(f the testator or d"rin his lifeti!e "sed to ive the
leatee a certain s"! of !oney or other thins by
way of s"pport& the sa!e a!o"nt shall be dee!ed
be0"eathed& "nless it be !arkedly disproportionate to
the val"e of the estate. (3/5a)
Art. 5*+. (f a periodical pension& or a certain ann"al&
!onthly& or weekly a!o"nt is be0"eathed& the leatee
!ay petition the co"rt for the first install!ent "pon the
death of the testator& and for the followin ones which
shall be d"e at the beinnin of each period8 s"ch
pay!ent shall not be ret"rned& even tho"h the
leatee sho"ld die before the e)piration of the period
which has co!!enced. (337a)
Art. 5*,. (f the thin be0"eathed sho"ld be s"b.ect to
a "s"fr"ct& the leatee or devisee shall respect s"ch
riht "ntil it is leally e)tin"ished. (3,3a)
Art. 5*/. The leatee or devisee ac0"ires a riht to
the p"re and si!ple leacies or devises fro! the
death of the testator& and trans!its it to his heirs.
(331a)
Art. 5*3. (f the leacy or device is of a specific and
deter!inate thin pertainin to the testator& the
leatee or devisee ac0"ires the ownership thereof
"pon the death of the testator& as well as any rowin
fr"its& or "nborn offsprin of ani!als& or "ncollected
inco!e8 b"t not the inco!e which was d"e and
"npaid before the latter;s death.
Aro! the !o!ent of the testator;s death& the thin
be0"eathed shall be at the risk of the leatee or
devisee& who shall& therefore& bear its loss or
deterioration& and shall be benefited by its increase or
i!prove!ent& witho"t pre."dice to the responsibility of
the e)ec"tor or ad!inistrator. (332a)
Art. 5*5. (f the be0"est sho"ld not be of a specific and
deter!inate thin& b"t is eneric or of 0"antity& its
fr"its and interests fro! the ti!e of the death of the
testator shall pertain to the leatee or devisee if the
testator has e)pressly so ordered. (33*a)
Art. 5+7. (f the estate sho"ld not be s"fficient to cover
all the leacies or devises& their pay!ent shall be
!ade in the followin order<
(1) -e!"neratory leacies or devises8
(2) Leacies or devises declared by the testator to be
preferential8
(') Leacies for s"pport8
(*) Leacies for ed"cation8
(+) Leacies or devises of a specific& deter!inate
thin which for!s a part of the estate8
(,) All others pro rata. (33/a)
Art. 5+1. The thin be0"eathed shall be delivered with
all its accessories and accessories and in the
condition in which it !ay be "pon the death of the
testator. (33'a)
Art. 5+2. The heir& chared with a leacy or devise& or
the e)ec"tor or ad!inistrator of the estate& !"st
deliver the very thin be0"eathed if he is able to do so
and cannot dischare this obliation by payin its
val"e.
Leacies of !oney !"st be paid in cash& even tho"h
the heir or the estate !ay not have any.
The e)penses necessary for the delivery of the thin
be0"eathed shall be for the acco"nt of the heir or the
estate& b"t witho"t pre."dice to the leiti!e. (33,a)
Art. 5+'. The leatee or devisee cannot take
possession of the thin be0"eathed "pon his own
a"thority& b"t shall re0"est its delivery and possession
of the heir chared with the leacy or devise& or of the
e)ec"tor or ad!inistrator of the estate sho"ld he be
a"thori%ed by the co"rt to deliver it. (33+a)
Art. 5+*. The leatee or devisee cannot accept a part
of the leacy or devise and rep"diate the other& if the
latter be onero"s.
@ho"ld he die before havin accepted the leacy or
devise& leavin several heirs& so!e of the latter !ay
accept and the others !ay rep"diate the share
respectively belonin to the! in the leacy or
devise. (335a)
Art. 5++. The leatee or devisee of two leacies or
devises& one of which is onero"s& cannot reno"nce
the onero"s one and accept the other. (f both are
onero"s or rat"ito"s& he shall be free to accept or
reno"nce both& or to reno"nce either. B"t if the
testator intended that the two leacies or devises
sho"ld be inseparable fro! each other& the leatee or
devisee !"st either accept or reno"nce both.
Any co!p"lsory heir who is at the sa!e ti!e a
leatee or devisee !ay waive the inheritance and
accept the leacy or devise& or reno"nce the latter
and accept the for!er& or waive or accept both.
(357a)
Art. 5+,. (f the leatee or devisee cannot or is
"nwillin to accept the leacy or devise& or if the
leacy or devise for any reason sho"ld beco!e
ineffective& it shall be !ered into the !ass of the
estate& e)cept in cases of s"bstit"tion and of the riht
of accretion. (333a)
Art. 5+/. The leacy or devise shall be witho"t effect<
(1) (f the testator transfor!s the thin be0"eathed in
s"ch a !anner that it does not retain either the for!
or the deno!ination it had8
(2) (f the testator by any title or for any ca"se
alienates the thin be0"eathed or any part thereof& it
bein "nderstood that in the latter case the leacy or
devise shall be witho"t effect only with respect to the
part th"s alienated. (f after the alienation the thin
sho"ld aain belon to the testator& even if it be by
reason of n"llity of the contract& the leacy or devise
shall not thereafter be valid& "nless the reac0"isition
shall have been effected by virt"e of the e)ercise of
the riht of rep"rchase8
(') (f the thin be0"eathed is totally lost d"rin the
lifeti!e of the testator& or after his death witho"t the
heir;s fa"lt. 6evertheless& the person oblied to pay
the leacy or devise shall be liable for eviction if the
thin be0"eathed sho"ld not have been deter!inate
as to its kind& in accordance with the provisions of
Article 523. (3,5a)
Art. 5+3. A !istake as to the na!e of the thin
be0"eathed or devised& is of no conse0"ence& if it is
possible to identify the thin which the testator
intended to be0"eath or devise. (n)
Art. 5+5. A disposition !ade in eneral ter!s in favor
of the testator;s relatives shall be "nderstood to be in
favor of those nearest in deree. (/+1)

C9APT:- '
L:$AL #- (6T:@TAT: @?CC:@@(#6

@:CT(#6 1. 1 $eneral Provisions

Art. 5,7. Leal or intestate s"ccession takes place<
(1) (f a person dies witho"t a will& or with a void will& or
one which has s"bse0"ently lost its validity8
(2) 2hen the will does not instit"te an heir to& or
dispose of all the property belonin to the testator. (n
s"ch case& leal s"ccession shall take place only with
respect to the property of which the testator has not
disposed8
(') (f the s"spensive condition attached to the
instit"tion of heir does not happen or is not f"lfilled& or
if the heir dies before the testator& or rep"diates the
inheritance& there bein no s"bstit"tion& and no riht
of accretion takes place8
(*) 2hen the heir instit"ted is incapable of
s"cceedin& e)cept in cases provided in this Code.
(512a)
Art. 5,1. (n defa"lt of testa!entary heirs& the law
vests the inheritance& in accordance with the r"les
hereinafter set forth& in the leiti!ate and illeiti!ate
relatives of the deceased& in the s"rvivin spo"se&
and in the @tate. (51'a)
Art. 5,2. (n every inheritance& the relative nearest in
deree e)cl"des the !ore distant ones& savin the
riht of representation when it properly takes place.
-elatives in the sa!e deree shall inherit in e0"al
shares& s"b.ect to the provisions of article 177, with
respect to relatives of the f"ll and half blood& and of
Article 53/& pararaph 2& concernin division between
the paternal and !aternal lines. (512a)

@?B@:CT(#6 1. 1 -elationship

Art. 5,'. Pro)i!ity of relationship is deter!ined by the
n"!ber of enerations. :ach eneration for!s a
deree. (51+)
Art. 5,*. A series of derees for!s a line& which !ay
be either direct or collateral.
A direct line is that constit"ted by the series of
derees a!on ascendants and descendants.
A collateral line is that constit"ted by the series of
derees a!on persons who are not ascendants and
descendants& b"t who co!e fro! a co!!on
ancestor. (51,a)
Art. 5,+. The direct line is either descendin or
ascendin.
The for!er "nites the head of the fa!ily with those
who descend fro! hi!.
The latter binds a person with those fro! who! he
descends. (51/)
Art. 5,,. (n the line& as !any derees are co"nted as
there are enerations or persons& e)cl"din the
proenitor.
(n the direct line& ascent is !ade to the co!!on
ancestor. Th"s& the child is one deree re!oved fro!
the parent& two fro! the randfather& and three fro!
the reat1randparent.
(n the collateral line& ascent is !ade to the co!!on
ancestor and then descent is !ade to the person with
who! the co!p"tation is to be !ade. Th"s& a person
is two derees re!oved fro! his brother& three fro!
his "ncle& who is the brother of his father& fo"r fro!
his first co"sin& and so forth. (513a)
Art. 5,/. A"ll blood relationship is that e)istin
between persons who have the sa!e father and the
sa!e !other.
9alf blood relationship is that e)istin between
persons who have the sa!e father& b"t not the sa!e
!other& or the sa!e !other& b"t not the sa!e father.
(527a)
Art. 5,3. (f there are several relatives of the sa!e
deree& and one or so!e of the! are "nwillin or
incapacitated to s"cceed& his portion shall accr"e to
the others of the sa!e deree& save the riht of
representation when it sho"ld take place. (522)
Art. 5,5. (f the inheritance sho"ld be rep"diated by
the nearest relative& sho"ld there be one only& or by
all the nearest relatives called by law to s"cceed&
sho"ld there be several& those of the followin deree
shall inherit in their own riht and cannot represent
the person or persons rep"diatin the inheritance.
(52')

@?B@:CT(#6 2. 1 -iht of -epresentation

Art. 5/7. -epresentation is a riht created by fiction of
law& by virt"e of which the representative is raised to
the place and the deree of the person represented&
and ac0"ires the rihts which the latter wo"ld have if
he were livin or if he co"ld have inherited. (5*2a)
Art. 5/1. The representative is called to the
s"ccession by the law and not by the person
represented. The representative does not s"cceed
the person represented b"t the one who! the person
represented wo"ld have s"cceeded. (n)
Art. 5/2. The riht of representation takes place in the
direct descendin line& b"t never in the ascendin.
(n the collateral line& it takes place only in favor of the
children of brothers or sisters& whether they be of the
f"ll or half blood. (52+)
Art. 5/'. (n order that representation !ay take place&
it is necessary that the representative hi!self be
capable of s"cceedin the decedent. (n)
Art. 5/*. 2henever there is s"ccession by
representation& the division of the estate shall be
!ade per stirpes& in s"ch !anner that the
representative or representatives shall not inherit
!ore than what the person they represent wo"ld
inherit& if he were livin or co"ld inherit. (52,a)
Art. 5/+. 2hen children of one or !ore brothers or
sisters of the deceased s"rvive& they shall inherit fro!
the latter by representation& if they s"rvive with their
"ncles or a"nts. B"t if they alone s"rvive& they shall
inherit in e0"al portions. (52/)
Art. 5/,. A person !ay represent hi! whose
inheritance he has reno"nced. (523a)
Art. 5//. 9eirs who rep"diate their share !ay not be
represented. (525a)

@:CT(#6 2. 1 #rder of (ntestate @"ccession

@?B@:CT(#6 1. 1 Descendin Direct Line

Art. 5/3. @"ccession pertains& in the first place& to the
descendin direct line. (5'7)
Art. 5/5. Leiti!ate children and their descendants
s"cceed the parents and other ascendants& witho"t
distinction as to se) or ae& and even if they sho"ld
co!e fro! different !arriaes.
An adopted child s"cceeds to the property of the
adoptin parents in the sa!e !anner as a leiti!ate
child. (5'1a)
Art. 537. The children of the deceased shall always
inherit fro! hi! in their own riht& dividin the
inheritance in e0"al shares. (5'2)
Art. 531. @ho"ld children of the deceased and
descendants of other children who are dead& s"rvive&
the for!er shall inherit in their own riht& and the latter
by riht of representation. (5'*a)
Art. 532. The randchildren and other descendants
shall inherit by riht of representation& and if any one
of the! sho"ld have died& leavin several heirs& the
portion pertainin to hi! shall be divided a!on the
latter in e0"al portions. (5'')
Art. 53'. (f illeiti!ate children s"rvive with leiti!ate
children& the shares of the for!er shall be in the
proportions prescribed by Article 35+. (n)
Art. 53*. (n case of the death of an adopted child&
leavin no children or descendants& his parents and
relatives by consan"inity and not by adoption& shall
be his leal heirs. (n)

@?B@:CT(#6 2. 1 Ascendin Direct Line

Art. 53+. (n defa"lt of leiti!ate children and
descendants of the deceased& his parents and
ascendants shall inherit fro! hi!& to the e)cl"sion of
collateral relatives. (5'+a)
Art. 53,. The father and !other& if livin& shall inherit
in e0"al shares.
@ho"ld one only of the! s"rvive& he or she shall
s"cceed to the entire estate of the child. (5',)
Art. 53/. (n defa"lt of the father and !other& the
ascendants nearest in deree shall inherit.
@ho"ld there be !ore than one of e0"al deree
belonin to the sa!e line they shall divide the
inheritance per capita8 sho"ld they be of different lines
b"t of e0"al deree& one1half shall o to the paternal
and the other half to the !aternal ascendants. (n each
line the division shall be !ade per capita. (5'/)

@?B@:CT(#6 '. 1 (lleiti!ate Children

Art. 533. (n the absence of leiti!ate descendants or
ascendants& the illeiti!ate children shall s"cceed to
the entire estate of the deceased. (5'5a)
Art. 535. (f& toether with illeiti!ate children& there
sho"ld s"rvive descendants of another illeiti!ate
child who is dead& the for!er shall s"cceed in their
own riht and the latter by riht of representation.
(5*7a)
Art. 557. The hereditary rihts ranted by the two
precedin articles to illeiti!ate children shall be
trans!itted "pon their death to their descendants&
who shall inherit by riht of representation fro! their
deceased randparent. (5*1a)
Art. 551. (f leiti!ate ascendants are left& the
illeiti!ate children shall divide the inheritance with
the!& takin one1half of the estate& whatever be the
n"!ber of the ascendants or of the illeiti!ate
children. (5*213*1a)
Art. 552. An illeiti!ate child has no riht to inherit ab
intestato fro! the leiti!ate children and relatives of
his father or !other8 nor shall s"ch children or
relatives inherit in the sa!e !anner fro! the
illeiti!ate child. (5*'a)
Art. 55'. (f an illeiti!ate child sho"ld die witho"t
iss"e& either leiti!ate or illeiti!ate& his father or
!other shall s"cceed to his entire estate8 and if the
child;s filiation is d"ly proved as to both parents& who
are both livin& they shall inherit fro! hi! share and
share alike. (5**)
Art. 55*. (n defa"lt of the father or !other& an
illeiti!ate child shall be s"cceeded by his or her
s"rvivin spo"se who shall be entitled to the entire
estate.
(f the widow or widower sho"ld s"rvive with brothers
and sisters& nephews and nieces& she or he shall
inherit one1half of the estate& and the latter the other
half. (5*+a)

@?B@:CT(#6 *. 1 @"rvivin @po"se

Art. 55+. (n the absence of leiti!ate descendants
and ascendants& and illeiti!ate children and their
descendants& whether leiti!ate or illeiti!ate& the
s"rvivin spo"se shall inherit the entire estate& witho"t
pre."dice to the rihts of brothers and sisters&
nephews and nieces& sho"ld there be any& "nder
article 1771. (5*,a)
Art. 55,. (f a widow or widower and leiti!ate children
or descendants are left& the s"rvivin spo"se has in
the s"ccession the sa!e share as that of each of the
children. (3'*a)
Art. 55/. 2hen the widow or widower s"rvives with
leiti!ate parents or ascendants& the s"rvivin
spo"se shall be entitled to one1half of the estate& and
the leiti!ate parents or ascendants to the other half.
(3',a)
Art. 553. (f a widow or widower s"rvives with
illeiti!ate children& s"ch widow or widower shall be
entitled to one1half of the inheritance& and the
illeiti!ate children or their descendants& whether
leiti!ate or illeiti!ate& to the other half. (n)
Art. 555. 2hen the widow or widower s"rvives with
leiti!ate children or their descendants and
illeiti!ate children or their descendants& whether
leiti!ate or illeiti!ate& s"ch widow or widower shall
be entitled to the sa!e share as that of a leiti!ate
child. (n)
Art. 1777. (f leiti!ate ascendants& the s"rvivin
spo"se& and illeiti!ate children are left& the
ascendants shall be entitled to one1half of the
inheritance& and the other half shall be divided
between the s"rvivin spo"se and the illeiti!ate
children so that s"ch widow or widower shall have
one1fo"rth of the estate& and the illeiti!ate children
the other fo"rth. (3*1a)
Art. 1771. @ho"ld brothers and sisters or their children
s"rvive with the widow or widower& the latter shall be
entitled to one1half of the inheritance and the brothers
and sisters or their children to the other half. (5+'&
3'/a)
Art. 1772. (n case of a leal separation& if the
s"rvivin spo"se ave ca"se for the separation& he or
she shall not have any of the rihts ranted in the
precedin articles. (n)

@?B@:CT(#6 +. 1 Collateral -elatives

Art. 177'. (f there are no descendants& ascendants&
illeiti!ate children& or a s"rvivin spo"se& the
collateral relatives shall s"cceed to the entire estate
of the deceased in accordance with the followin
articles. (5*,a)
Art. 177*. @ho"ld the only s"rvivors be brothers and
sisters of the f"ll blood& they shall inherit in e0"al
shares. (5*/)
Art. 177+. @ho"ld brothers and sisters s"rvive
toether with nephews and nieces& who are the
children of the descendant;s brothers and sisters of
the f"ll blood& the for!er shall inherit per capita& and
the latter per stirpes. (5*3)
Art. 177,. @ho"ld brother and sisters of the f"ll blood
s"rvive toether with brothers and sisters of the half
blood& the for!er shall be entitled to a share do"ble
that of the latter. (5*5)
Art. 177/. (n case brothers and sisters of the half
blood& so!e on the father;s and so!e on the !other;s
side& are the only s"rvivors& all shall inherit in e0"al
shares witho"t distinction as to the oriin of the
property. (5+7)
Art. 1773. Children of brothers and sisters of the half
blood shall s"cceed per capita or per stirpes& in
accordance with the r"les laid down for the brothers
and sisters of the f"ll blood. (51+)
Art. 1775. @ho"ld there be neither brothers nor sisters
nor children of brothers or sisters& the other collateral
relatives shall s"cceed to the estate.
The latter shall s"cceed witho"t distinction of lines or
preference a!on the! by reason of relationship by
the whole blood. (5+*a)
Art. 1717. The riht to inherit ab intestato shall not
e)tend beyond the fifth deree of relationship in the
collateral line. (5++a)

@?B@:CT(#6 ,. 1 The @tate

Art. 1711. (n defa"lt of persons entitled to s"cceed in
accordance with the provisions of the precedin
@ections& the @tate shall inherit the whole estate.
(5+,a)
Art. 1712. (n order that the @tate !ay take possession
of the property !entioned in the precedin article& the
pertinent provisions of the -"les of Co"rt !"st be
observed. (5+3a)
Art. 171'. After the pay!ent of debts and chares&
the personal property shall be assined to the
!"nicipality or city where the deceased last resided in
the Philippines& and the real estate to the
!"nicipalities or cities& respectively& in which the
sa!e is sit"ated.
(f the deceased never resided in the Philippines& the
whole estate shall be assined to the respective
!"nicipalities or cities where the sa!e is located.
@"ch estate shall be for the benefit of p"blic schools&
and p"blic charitable instit"tions and centers& in s"ch
!"nicipalities or cities. The co"rt shall distrib"te the
estate as the respective needs of each beneficiary
!ay warrant.
The co"rt& at the instance of an interested party& or on
its own !otion& !ay order the establish!ent of a
per!anent tr"st& so that only the inco!e fro! the
property shall be "sed. (5+,a)
Art. 171*. (f a person leally entitled to the estate of
the deceased appears and files a clai! thereto with
the co"rt within five years fro! the date the property
was delivered to the @tate& s"ch person shall be
entitled to the possession of the sa!e& or if sold the
!"nicipality or city shall be acco"ntable to hi! for
s"ch part of the proceeds as !ay not have been
lawf"lly spent. (n)

C9APT:- *
P-#>(@(#6@ C#==#6 T# T:@TAT: A6D
(6T:@TAT: @?CC:@@(#6@

@:CT(#6 1. 1 -iht of Accretion

Art. 171+. Accretion is a riht by virt"e of which& when
two or !ore persons are called to the sa!e
inheritance& devise or leacy& the part assined to the
one who reno"nces or cannot receive his share& or
who died before the testator& is added or incorporated
to that of his co1heirs& co1devisees& or co1leatees. (n)
Art. 171,. (n order that the riht of accretion !ay take
place in a testa!entary s"ccession& it shall be
necessary<
(1) That two or !ore persons be called to the sa!e
inheritance& or to the sa!e portion thereof& pro
indiviso8 and
(2) That one of the persons th"s called die before the
testator& or reno"nce the inheritance& or be
incapacitated to receive it. (523a)
Art. 171/. The words "one1half for each" or "in e0"al
shares" or any others which& tho"h desinatin an
ali0"ot part& do not identify it by s"ch description as
shall !ake each heir the e)cl"sive owner of
deter!inate property& shall not e)cl"de the riht of
accretion.
(n case of !oney or f"nible oods& if the share of
each heir is not ear!arked& there shall be a riht of
accretion. (53'a)
Art. 1713. (n leal s"ccession the share of the person
who rep"diates the inheritance shall always accr"e to
his co1heirs. (531)
Art. 1715. The heirs to who! the portion oes by the
riht of accretion take it in the sa!e proportion that
they inherit. (n)
Art. 1727. The heirs to who! the inheritance accr"es
shall s"cceed to all the rihts and obliations which
the heir who reno"nced or co"ld not receive it wo"ld
have had. (53*)
Art. 1721. A!on the co!p"lsory heirs the riht of
accretion shall take place only when the free portion
is left to two or !ore of the!& or to any one of the!
and to a straner.
@ho"ld the part rep"diated be the leiti!e& the other
co1heirs shall s"cceed to it in their own riht& and not
by the riht of accretion. (53+)
Art. 1722. (n testa!entary s"ccession& when the riht
of accretion does not take place& the vacant portion of
the instit"ted heirs& if no s"bstit"te has been
desinated& shall pass to the leal heirs of the
testator& who shall receive it with the sa!e chares
and obliations. (53,)
Art. 172'. Accretion shall also take place a!on
devisees& leatees and "s"fr"ct"aries "nder the
sa!e conditions established for heirs. (53/a)

@:CT(#6 2. 1 Capacity to @"cceed by 2ill of by
(ntestacy

Art. 172*. Persons not incapacitated by law !ay
s"cceed by will or ab intestato.
The provisions relatin to incapacity by will are
e0"ally applicable to intestate s"ccession. (/**& 51*)
Art. 172+. (n order to be capacitated to inherit& the
heir& devisee or leatee !"st be livin at the !o!ent
the s"ccession opens& e)cept in case of
representation& when it is proper.
A child already conceived at the ti!e of the death of
the decedent is capable of s"cceedin provided it be
born later "nder the conditions prescribed in article
*1. (n)
Art. 172,. A testa!entary disposition !ay be !ade to
the @tate& provinces& !"nicipal corporations& private
corporations& orani%ations& or associations for
reliio"s& scientific& c"lt"ral& ed"cational& or charitable
p"rposes.
All other corporations or entities !ay s"cceed "nder a
will& "nless there is a provision to the contrary in their
charter or the laws of their creation& and always
s"b.ect to the sa!e. (/*,a)
Art. 172/. The followin are incapable of s"cceedin<
(1) The priest who heard the confession of the
testator d"rin his last illness& or the !inister of the
ospel who e)tended spirit"al aid to hi! d"rin the
sa!e period8
(2) The relatives of s"ch priest or !inister of the
ospel within the fo"rth deree& the ch"rch& order&
chapter& co!!"nity& orani%ation& or instit"tion to
which s"ch priest or !inister !ay belon8
(') A "ardian with respect to testa!entary
dispositions iven by a ward in his favor before the
final acco"nts of the "ardianship have been
approved& even if the testator sho"ld die after the
approval thereof8 nevertheless& any provision !ade
by the ward in favor of the "ardian when the latter is
his ascendant& descendant& brother& sister& or spo"se&
shall be valid8
(*) Any attestin witness to the e)ec"tion of a will& the
spo"se& parents& or children& or any one clai!in
"nder s"ch witness& spo"se& parents& or children8
(+) Any physician& s"reon& n"rse& health officer or
dr"ist who took care of the testator d"rin his last
illness8
(,) (ndivid"als& associations and corporations not
per!itted by law to inherit. (/*+& /+2& /+'& /+*a)
Art. 1723. The prohibitions !entioned in article /'5&
concernin donations inter vivos shall apply to
testa!entary provisions. (n)
Art. 1725. @ho"ld the testator dispose of the whole or
part of his property for prayers and pio"s works for
the benefit of his so"l& in eneral ter!s and witho"t
specifyin its application& the e)ec"tor& with the
co"rt;s approval shall deliver one1half thereof or its
proceeds to the ch"rch or deno!ination to which the
testator !ay belon& to be "sed for s"ch prayers and
pio"s works& and the other half to the @tate& for the
p"rposes !entioned in Article 171'. (/*/a)
Art. 17'7. Testa!entary provisions in favor of the
poor in eneral& witho"t desination of partic"lar
persons or of any co!!"nity& shall be dee!ed li!ited
to the poor livin in the do!icile of the testator at the
ti!e of his death& "nless it sho"ld clearly appear that
his intention was otherwise.
The desination of the persons who are to be
considered as poor and the distrib"tion of the property
shall be !ade by the person appointed by the testator
for the p"rpose8 in defa"lt of s"ch person& by the
e)ec"tor& and sho"ld there be no e)ec"tor& by the
."stice of the peace& the !ayor& and the !"nicipal
treas"rer& who shall decide by a !a.ority of votes all
0"estions that !ay arise. (n all these cases& the
approval of the Co"rt of Airst (nstance shall be
necessary.
The precedin pararaph shall apply when the
testator has disposed of his property in favor of the
poor of a definite locality. (/*5a)
Art. 17'1. A testa!entary provision in favor of a
dis0"alified person& even tho"h !ade "nder the
"ise of an onero"s contract& or !ade thro"h an
inter!ediary& shall be void. (/++)
Art. 17'2. The followin are incapable of s"cceedin
by reason of "nworthiness<
(1) Parents who have abandoned their children or
ind"ced their da"hters to lead a corr"pt or i!!oral
life& or atte!pted aainst their virt"e8
(2) Any person who has been convicted of an atte!pt
aainst the life of the testator& his or her spo"se&
descendants& or ascendants8
(') Any person who has acc"sed the testator of a
cri!e for which the law prescribes i!prison!ent for
si) years or !ore& if the acc"sation has been fo"nd
ro"ndless8
(*) Any heir of f"ll ae who& havin knowlede of the
violent death of the testator& sho"ld fail to report it to
an officer of the law within a !onth& "nless the
a"thorities have already taken action8 this prohibition
shall not apply to cases wherein& accordin to law&
there is no obliation to !ake an acc"sation8
(+) Any person convicted of ad"ltery or conc"binae
with the spo"se of the testator8
(,) Any person who by fra"d& violence& inti!idation& or
"nd"e infl"ence sho"ld ca"se the testator to !ake a
will or to chane one already !ade8
(/) Any person who by the sa!e !eans prevents
another fro! !akin a will& or fro! revokin one
already !ade& or who s"pplants& conceals& or alters
the latter;s will8
(3) Any person who falsifies or fores a s"pposed will
of the decedent. (/+,& ,/'& ,/*a)
Art. 17''. The ca"se of "nworthiness shall be witho"t
effect if the testator had knowlede thereof at the ti!e
he !ade the will& or if& havin known of the!
s"bse0"ently& he sho"ld condone the! in writin.
(/+/a)
Art. 17'*. (n order to ."de the capacity of the heir&
devisee or leatee& his 0"alification at the ti!e of the
death of the decedent shall be the criterion.
(n cases fallin "nder 6os. 2& '& or + of Article 17'2& it
shall be necessary to wait "ntil final ."d!ent is
rendered& and in the case fallin "nder 6o. *& the
e)piration of the !onth allowed for the report.
(f the instit"tion& devise or leacy sho"ld be
conditional& the ti!e of the co!pliance with the
condition shall also be considered. (/+3a)
Art. 17'+. (f the person e)cl"ded fro! the inheritance
by reason of incapacity sho"ld be a child or
descendant of the decedent and sho"ld have children
or descendants& the latter shall ac0"ire his riht to the
leiti!e.
The person so e)cl"ded shall not en.oy the "s"fr"ct
and ad!inistration of the property th"s inherited by
his children. (/,1a)
Art. 17',. Alienations of hereditary property& and acts
of ad!inistration perfor!ed by the e)cl"ded heir&
before the ."dicial order of e)cl"sion& are valid as to
the third persons who acted in ood faith8 b"t the co1
heirs shall have a riht to recover da!aes fro! the
dis0"alified heir. (n)
Art. 17'/. The "nworthy heir who is e)cl"ded fro! the
s"ccession has a riht to de!and inde!nity or any
e)penses inc"rred in the preservation of the
hereditary property& and to enforce s"ch credits as he
!ay have aainst the estate. (n)
Art. 17'3. Any person incapable of s"ccession& who&
disreardin the prohibition stated in the precedin
articles& entered into the possession of the hereditary
property& shall be oblied to ret"rn it toether it its
accessions.
9e shall be liable for all the fr"its and rents he !ay
have received& or co"ld have received thro"h the
e)ercise of d"e dilience. (/,7a)
Art. 17'5. Capacity to s"cceed is overned by the law
of the nation of the decedent. (n)
Art. 17*7. The action for a declaration of incapacity
and for the recovery of the inheritance& devise or
leacy shall be bro"ht within five years fro! the ti!e
the dis0"alified person took possession thereof. (t
!ay be bro"ht by any one who !ay have an interest
in the s"ccession. (/,2a)

@:CT(#6 '. 1 Acceptance and -ep"diation of the
(nheritance

Art. 17*1. The acceptance or rep"diation of the
inheritance is an act which is p"rely vol"ntary and
free. (533)
Art. 17*2. The effects of the acceptance or
rep"diation shall always retroact to the !o!ent of the
death of the decedent. (535)
Art. 17*'. 6o person !ay accept or rep"diate an
inheritance "nless he is certain of the death of the
person fro! who! he is to inherit& and of his riht to
the inheritance. (551)
Art. 17**. Any person havin the free disposal of his
property !ay accept or rep"diate an inheritance.
Any inheritance left to !inors or incapacitated
persons !ay be accepted by their parents or
"ardians. Parents or "ardians !ay rep"diate the
inheritance left to their wards only by ."dicial
a"thori%ation.
The riht to accept an inheritance left to the poor shall
belon to the persons desinated by the testator to
deter!ine the beneficiaries and distrib"te the
property& or in their defa"lt& to those !entioned in
Article 17'7. (552a)
Art. 17*+. The lawf"l representatives of corporations&
associations& instit"tions and entities 0"alified to
ac0"ire property !ay accept any inheritance left to
the latter& b"t in order to rep"diate it& the approval of
the co"rt shall be necessary. (55'a)
Art. 17*,. P"blic official establish!ents can neither
accept nor rep"diate an inheritance witho"t the
approval of the overn!ent. (55*)
Art. 17*/. A !arried wo!an of ae !ay rep"diate an
inheritance witho"t the consent of her h"sband.
(55+a)
Art. 17*3. Deaf1!"tes who can read and write !ay
accept or rep"diate the inheritance personally or
thro"h an aent. @ho"ld they not be able to read and
write& the inheritance shall be accepted by their
"ardians. These "ardians !ay rep"diate the sa!e
with ."dicial approval. (55,a)
Art. 17*5. Acceptance !ay be e)press or tacit.
An e)press acceptance !"st be !ade in a p"blic or
private doc"!ent.
A tacit acceptance is one res"ltin fro! acts by which
the intention to accept is necessarily i!plied& or which
one wo"ld have no riht to do e)cept in the capacity
of an heir.
Acts of !ere preservation or provisional
ad!inistration do not i!ply an acceptance of the
inheritance if& thro"h s"ch acts& the title or capacity
of an heir has not been ass"!ed. (555a)
Art. 17+7. An inheritance is dee!ed accepted<
(1) (f the heirs sells& donates& or assins his riht to a
straner& or to his co1heirs& or to any of the!8
(2) (f the heir reno"nces the sa!e& even tho"h
rat"ito"sly& for the benefit of one or !ore of his co1
heirs8
(') (f he reno"nces it for a price in favor of all his co1
heirs indiscri!inately8 b"t if this ren"nciation sho"ld
be rat"ito"s& and the co1heirs in whose favor it is
!ade are those "pon who! the portion reno"nced
sho"ld devolve by virt"e of accretion& the inheritance
shall not be dee!ed as accepted. (1777)
Art. 17+1. The rep"diation of an inheritance shall be
!ade in a p"blic or a"thentic instr"!ent& or by
petition presented to the co"rt havin ."risdiction over
the testa!entary or intestate proceedins. (1773)
Art. 17+2. (f the heir rep"diates the inheritance to the
pre."dice of his own creditors& the latter !ay petition
the co"rt to a"thori%e the! to accept it in the na!e of
the heir.
The acceptance shall benefit the creditors only to an
e)tent s"fficient to cover the a!o"nt of their credits.
The e)cess& sho"ld there be any& shall in no case
pertain to the reno"ncer& b"t shall be ad."dicated to
the persons to who!& in accordance with the r"les
established in this Code& it !ay belon. (1771)
Art. 17+'. (f the heir sho"ld die witho"t havin
accepted or rep"diated the inheritance his riht shall
be trans!itted to his heirs. (177,)
Art. 17+*. @ho"ld there be several heirs called to the
inheritance& so!e of the! !ay accept and the others
!ay rep"diate it. (177/a)
Art. 17++. (f a person& who is called to the sa!e
inheritance as an heir by will and ab intestato&
rep"diates the inheritance in his capacity as a
testa!entary heir& he is "nderstood to have
rep"diated it in both capacities.
@ho"ld he rep"diate it as an intestate heir& witho"t
knowlede of his bein a testa!entary heir& he !ay
still accept it in the latter capacity. (1775)
Art. 17+,. The acceptance or rep"diation of an
inheritance& once !ade& is irrevocable& and cannot be
i!p"ned& e)cept when it was !ade thro"h any of
the ca"ses that vitiate consent& or when an "nknown
will appears. (55/)
Art. 17+/. 2ithin thirty days after the co"rt has iss"ed
an order for the distrib"tion of the estate in
accordance with the -"les of Co"rt& the heirs&
devisees and leatees shall sinify to the co"rt havin
."risdiction whether they accept or rep"diate the
inheritance.
(f they do not do so within that ti!e& they are dee!ed
to have accepted the inheritance. (n)

@:CT(#6 *. 1 :)ec"tors and Ad!inistrators

Art. 17+3. All !atters relatin to the appoint!ent&
powers and d"ties of e)ec"tors and ad!inistrators
and concernin the ad!inistration of estates of
deceased persons shall be overned by the -"les of
Co"rt. (n)
Art. 17+5. (f the assets of the estate of a decedent
which can be applied to the pay!ent of debts are not
s"fficient for that p"rpose& the provisions of Articles
22'5 to 22+1 on Preference of Credits shall be
observed& provided that the e)penses referred to in
Article 22**& 6o. 3& shall be those involved in the
ad!inistration of the decedent;s estate. (n)
Art. 17,7. A corporation or association a"thori%ed to
cond"ct the b"siness of a tr"st co!pany in the
Philippines !ay be appointed as an e)ec"tor&
ad!inistrator& "ardian of an estate& or tr"stee& in like
!anner as an individ"al8 b"t it shall not be appointed
"ardian of the person of a ward. (n)

@:CT(#6 +. 1 Collation

Art. 17,1. :very co!p"lsory heir& who s"cceeds with
other co!p"lsory heirs& !"st brin into the !ass of
the estate any property or riht which he !ay have
received fro! the decedent& d"rin the lifeti!e of the
latter& by way of donation& or any other rat"ito"s title&
in order that it !ay be co!p"ted in the deter!ination
of the leiti!e of each heir& and in the acco"nt of the
partition. (17'+a)
Art. 17,2. Collation shall not take place a!on
co!p"lsory heirs if the donor sho"ld have so
e)pressly provided& or if the donee sho"ld rep"diate
the inheritance& "nless the donation sho"ld be
red"ced as inofficio"s. (17',)
Art. 17,'. Property left by will is not dee!ed s"b.ect
to collation& if the testator has not otherwise provided&
b"t the leiti!e shall in any case re!ain "ni!paired.
(17'/)
Art. 17,*. 2hen the randchildren& who s"rvive with
their "ncles& a"nts& or co"sins& inherit fro! their
randparents in representation of their father or
!other& they shall brin to collation all that their
parents& if alive& wo"ld have been oblied to brin&
even tho"h s"ch randchildren have not inherited
the property.
They shall also brin to collation all that they !ay
have received fro! the decedent d"rin his lifeti!e&
"nless the testator has provided otherwise& in which
case his wishes !"st be respected& if the leiti!e of
the co1heirs is not pre."diced. (17'3)
Art. 17,+. Parents are not oblied to brin to collation
in the inheritance of their ascendants any property
which !ay have been donated by the latter to their
children. (17'5)
Art. 17,,. 6either shall donations to the spo"se of the
child be bro"ht to collation8 b"t if they have been
iven by the parent to the spo"ses .ointly& the child
shall be oblied to brin to collation one1half of the
thin donated. (17*7)
Art. 17,/. :)penses for s"pport& ed"cation& !edical
attendance& even in e)traordinary illness&
apprenticeship& ordinary e0"ip!ent& or c"sto!ary
ifts are not s"b.ect to collation. (17*1)
Art. 17,3. :)penses inc"rred by the parents in ivin
their children a professional& vocational or other
career shall not be bro"ht to collation "nless the
parents so provide& or "nless they i!pair the leiti!e8
b"t when their collation is re0"ired& the s"! which the
child wo"ld have spent if he had lived in the ho"se
and co!pany of his parents shall be ded"cted
therefro!. (17*2a)
Art. 17,5. Any s"!s paid by a parent in satisfaction of
the debts of his children& election e)penses& fines&
and si!ilar e)penses shall be bro"ht to collation.
(17*'a)
Art. 17/7. 2eddin ifts by parents and ascendants
consistin of .ewelry& clothin& and o"tfit& shall not be
red"ced as inofficio"s e)cept insofar as they !ay
e)ceed one1tenth of the s"! which is disposable by
will. (17**)
Art. 17/1. The sa!e thins donated are not to be
bro"ht to collation and partition& b"t only their val"e
at the ti!e of the donation& even tho"h their ."st
val"e !ay not then have been assessed.
Their s"bse0"ent increase or deterioration and even
their total loss or destr"ction& be it accidental or
c"lpable& shall be for the benefit or acco"nt and risk of
the donee. (17*+a)
Art. 17/2. (n the collation of a donation !ade by both
parents& one1half shall be bro"ht to the inheritance of
the father& and the other half& to that of the !other.
That iven by one alone shall be bro"ht to collation
in his or her inheritance. (17*,a)
Art. 17/'. The donee;s share of the estate shall be
red"ced by an a!o"nt e0"al to that already received
by hi!8 and his co1heirs shall receive an e0"ivalent&
as !"ch as possible& in property of the sa!e nat"re&
class and 0"ality. (17*/)
Art. 17/*. @ho"ld the provisions of the precedin
article be i!practicable& if the property donated was
i!!ovable& the co1heirs shall be entitled to receive its
e0"ivalent in cash or sec"rities& at the rate of
0"otation8 and sho"ld there be neither cash or
!arketable sec"rities in the estate& so !"ch of the
other property as !ay be necessary shall be sold at
p"blic a"ction.
(f the property donated was !ovable& the co1heirs
shall only have a riht to select an e0"ivalent of other
personal property of the inheritance at its ."st price.
(17*3)
Art. 17/+. The fr"its and interest of the property
s"b.ect to collation shall not pertain to the estate
e)cept fro! the day on which the s"ccession is
opened.
Aor the p"rpose of ascertainin their a!o"nt& the
fr"its and interest of the property of the estate of the
sa!e kind and 0"ality as that s"b.ect to collation shall
be !ade the standard of assess!ent. (17*5)
Art. 17/,. The co1heirs are bo"nd to rei!b"rse to the
donee the necessary e)penses which he has inc"rred
for the preservation of the property donated to hi!&
tho"h they !ay not have a"!ented its val"e.
The donee who collates in kind an i!!ovable which
has been iven to hi! !"st be rei!b"rsed by his co1
heirs for the i!prove!ents which have increased the
val"e of the property& and which e)ist at the ti!e the
partition if effected.
As to works !ade on the estate for the !ere pleas"re
of the donee& no rei!b"rse!ent is d"e hi! for the!8
he has& however& the riht to re!ove the!& if he can
do so witho"t in."rin the estate. (n)
Art. 17//. @ho"ld any 0"estion arise a!on the co1
heirs "pon the obliation to brin to collation or as to
the thins which are s"b.ect to collation& the
distrib"tion of the estate shall not be interr"pted for
this reason& provided ade0"ate sec"rity is iven.
(17+7)

@:CT(#6 ,. 1 Partition and Distrib"tion of the :state

@?B@:CT(#6 1. 1 Partition

Art. 17/3. 2here there are two or !ore heirs& the
whole estate of the decedent is& before its partition&
owned in co!!on by s"ch heirs& s"b.ect to the
pay!ent of debts of the deceased. (n)
Art. 17/5. Partition& in eneral& is the separation&
division and assin!ent of a thin held in co!!on
a!on those to who! it !ay belon. The thin itself
!ay be divided& or its val"e. (n)
Art. 1737. @ho"ld a person !ake partition of his
estate by an act inter vivos& or by will& s"ch partition
shall be respected& insofar as it does not pre."dice the
leiti!e of the co!p"lsory heirs.
A parent who& in the interest of his or her fa!ily&
desires to keep any aric"lt"ral& ind"strial& or
!an"fact"rin enterprise intact& !ay avail hi!self of
the riht ranted hi! in this article& by orderin that
the leiti!e of the other children to who! the property
is not assined& be paid in cash. (17+,a)
Art. 1731. A person !ay& by an act inter vivos or
!ortis ca"sa& intr"st the !ere power to !ake the
partition after his death to any person who is not one
of the co1heirs.
The provisions of this and of the precedin article
shall be observed even sho"ld there be a!on the
co1heirs a !inor or a person s"b.ect to "ardianship8
b"t the !andatary& in s"ch case& shall !ake an
inventory of the property of the estate& after notifyin
the co1heirs& the creditors& and the leatees or
devisees. (17+/a)
Art. 1732. :very act which is intended to p"t an end to
indivision a!on co1heirs and leatees or devisees is
dee!ed to be a partition& altho"h it sho"ld p"rport to
be a sale& and e)chane& a co!pro!ise& or any other
transaction. (n)
Art. 173'. :very co1heir has a riht to de!and the
division of the estate "nless the testator sho"ld have
e)pressly forbidden its partition& in which case the
period of indivision shall not e)ceed twenty years as
provided in article *5*. This power of the testator to
prohibit division applies to the leiti!e.
:ven tho"h forbidden by the testator& the co1
ownership ter!inates when any of the ca"ses for
which partnership is dissolved takes place& or when
the co"rt finds for co!pellin reasons that division
sho"ld be ordered& "pon petition of one of the co1
heirs. (17+1a)
Art. 173*. >ol"ntary heirs "pon who! so!e condition
has been i!posed cannot de!and a partition "ntil the
condition has been f"lfilled8 b"t the other co1heirs !ay
de!and it by ivin s"fficient sec"rity for the rihts
which the for!er !ay have in case the condition
sho"ld be co!plied with& and "ntil it is known that the
condition has not been f"lfilled or can never be
co!plied with& the partition shall be "nderstood to be
provisional. (17+*a)
Art. 173+. (n the partition of the estate& e0"ality shall
be observed as far as possible& dividin the property
into lots& or assinin to each of the co1heirs thins of
the sa!e nat"re& 0"ality and kind. (17,1)
Art. 173,. @ho"ld a thin be indivisible& or wo"ld be
!"ch i!paired by its bein divided& it !ay be
ad."dicated to one of the heirs& provided he shall pay
the others the e)cess in cash.
6evertheless& if any of the heirs sho"ld de!and that
the thin be sold at p"blic a"ction and that straners
be allowed to bid& this !"st be done. (17,2)
Art. 173/. (n the partition the co1heirs shall rei!b"rse
one another for the inco!e and fr"its which each one
of the! !ay have received fro! any property of the
estate& for any "sef"l and necessary e)penses !ade
"pon s"ch property& and for any da!ae thereto
thro"h !alice or nelect. (17,')
Art. 1733. @ho"ld any of the heirs sell his hereditary
rihts to a straner before the partition& any or all of
the co1heirs !ay be s"broated to the rihts of the
p"rchaser by rei!b"rsin hi! for the price of the sale&
provided they do so within the period of one !onth
fro! the ti!e they were notified in writin of the sale
by the vendor. (17,/a)
Art. 1735. The titles of ac0"isition or ownership of
each property shall be delivered to the co1heir to
who! said property has been ad."dicated. (17,+a)
Art. 1757. 2hen the title co!prises two or !ore
pieces of land which have been assined to two or
!ore co1heirs& or when it covers one piece of land
which has been divided between two or !ore co1
heirs& the title shall be delivered to the one havin the
larest interest& and a"thentic copies of the title shall
be f"rnished to the other co1heirs at the e)pense of
the estate. (f the interest of each co1heir sho"ld be the
sa!e& the oldest shall have the title. (17,,a)

@?B@:CT(#6 2. 1 :ffects of Partition

Art. 1751. A partition leally !ade confers "pon each
heir the e)cl"sive ownership of the property
ad."dicated to hi!. (17,3)
Art. 1752. After the partition has been !ade& the co1
heirs shall be reciprocally bo"nd to warrant the title to&
and the 0"ality of& each property ad."dicated. (17,5a)
Art. 175'. The reciprocal obliation of warranty
referred to in the precedin article shall be
proportionate to the respective hereditary shares of
the co1heirs& b"t if any one of the! sho"ld be
insolvent& the other co1heirs shall be liable for his part
in the sa!e proportion& ded"ctin the part
correspondin to the one who sho"ld be inde!nified.
Those who pay for the insolvent heir shall have a riht
of action aainst hi! for rei!b"rse!ent& sho"ld his
financial condition i!prove. (17/1)
Art. 175*. An action to enforce the warranty a!on
heirs !"st be bro"ht within ten years fro! the date
the riht of action accr"es. (n)
Art. 175+. (f a credit sho"ld be assined as collectible&
the co1heirs shall not be liable for the s"bse0"ent
insolvency of the debtor of the estate& b"t only for his
insolvency at the ti!e the partition is !ade.
The warranty of the solvency of the debtor can only
be enforced d"rin the five years followin the
partition.
Co1heirs do not warrant bad debts& if so known to&
and accepted by& the distrib"tee. B"t if s"ch debts are
not assined to a co1heir& and sho"ld be collected& in
whole or in part& the a!o"nt collected shall be
distrib"ted proportionately a!on the heirs. (17/2a)
Art. 175,. The obliation of warranty a!on co1heirs
shall cease in the followin cases<
(1) 2hen the testator hi!self has !ade the partition&
"nless it appears& or it !ay be reasonably pres"!ed&
that his intention was otherwise& b"t the leiti!e shall
always re!ain "ni!paired8
(2) 2hen it has been so e)pressly stip"lated in the
aree!ent of partition& "nless there has been bad
faith8
(') 2hen the eviction is d"e to a ca"se s"bse0"ent to
the partition& or has been ca"sed by the fa"lt of the
distrib"tee of the property. (17/7a)
@?B@:CT(#6 '. 1 -escission and 6"llity of Partition

Art. 175/. A partition !ay be rescinded or ann"lled for
the sa!e ca"ses as contracts. (17/'a)
Art. 1753. A partition& ."dicial or e)tra1."dicial& !ay
also be rescinded on acco"nt of lesion& when any one
of the co1heirs received thins whose val"e is less& by
at least one1fo"rth& than the share to which he is
entitled& considerin the val"e of the thins at the ti!e
they were ad."dicated. (17/*a)
Art. 1755. The partition !ade by the testator cannot
be i!p"ned on the ro"nd of lesion& e)cept when
the leiti!e of the co!p"lsory heirs is thereby
pre."diced& or when it appears or !ay reasonably be
pres"!ed& that the intention of the testator was
otherwise. (17/+)
Art. 1177. The action for rescission on acco"nt of
lesion shall prescribe after fo"r years fro! the ti!e
the partition was !ade. (17/,)
Art. 1171. The heir who is s"ed shall have the option
of inde!nifyin the plaintiff for the loss& or consentin
to a new partition.
(nde!nity !ay be !ade by pay!ent in cash or by the
delivery of a thin of the sa!e kind and 0"ality as that
awarded to the plaintiff.
(f a new partition is !ade& it shall affect neither those
who have not been pre."diced nor those have not
received !ore than their ."st share. (17//a)
Art. 1172. An heir who has alienated the whole or a
considerable part of the real property ad."dicated to
hi! cannot !aintain an action for rescission on the
ro"nd of lesion& b"t he shall have a riht to be
inde!nified in cash. (17/3a)
Art. 117'. The o!ission of one or !ore ob.ects or
sec"rities of the inheritance shall not ca"se the
rescission of the partition on the ro"nd of lesion& b"t
the partition shall be co!pleted by the distrib"tion of
the ob.ects or sec"rities which have been o!itted.
(17/5a)
Art. 117*. A partition !ade with preterition of any of
the co!p"lsory heirs shall not be rescinded& "nless it
be proved that there was bad faith or fra"d on the part
of the other persons interested8 b"t the latter shall be
proportionately oblied to pay to the person o!itted
the share which belons to hi!. (1737)
Art. 117+. A partition which incl"des a person
believed to be an heir& b"t who is not& shall be void
only with respect to s"ch person. (1731a)

Title >. 1 P-:@C-(PT(#6

C9APT:- 1
$:6:-AL P-#>(@(#6@

Art. 117,. By prescription& one ac0"ires ownership
and other real rihts thro"h the lapse of ti!e in the
!anner and "nder the conditions laid down by law.
(n the sa!e way& rihts and conditions are lost by
prescription. (15'7a)
Art. 117/. Persons who are capable of ac0"irin
property or rihts by the other leal !odes !ay
ac0"ire the sa!e by !eans of prescription.
=inors and other incapacitated persons !ay ac0"ire
property or rihts by prescription& either personally or
thro"h their parents& "ardians or leal
representatives. (15'1a)
Art. 1173. Prescription& both ac0"isitive and
e)tinctive& r"ns aainst<
(1) =inors and other incapacitated persons who have
parents& "ardians or other leal representatives8
(2) Absentees who have ad!inistrators& either
appointed by the! before their disappearance& or
appointed by the co"rts8
(') Persons livin abroad& who have !anaers or
ad!inistrators8
(*) 4"ridical persons& e)cept the @tate and its
s"bdivisions.
Persons who are dis0"alified fro! ad!inisterin their
property have a riht to clai! da!aes fro! their
leal representatives whose nelience has been the
ca"se of prescription. (15'2a)
Art. 1175. Prescription does not r"n between h"sband
and wife& even tho"h there be a separation of
property areed "pon in the !arriae settle!ents or
by ."dicial decree.
6either does prescription r"n between parents and
children& d"rin the !inority or insanity of the latter&
and between "ardian and ward d"rin the
contin"ance of the "ardianship. (n)
Art. 1117. Prescription& ac0"isitive and e)tinctive&
r"ns in favor of& or aainst a !arried wo!an. (n)
Art. 1111. Prescription obtained by a co1proprietor or
a co1owner shall benefit the others. (15'')
Art. 1112. Persons with capacity to alienate property
!ay reno"nce prescription already obtained& b"t not
the riht to prescribe in the f"t"re.
Prescription is dee!ed to have been tacitly
reno"nced when the ren"nciation res"lts fro! acts
which i!ply the abandon!ent of the riht ac0"ired.
(15'+)
Art. 111'. All thins which are within the co!!erce of
!en are s"sceptible of prescription& "nless otherwise
provided. Property of the @tate or any of its
s"bdivisions not patri!onial in character shall not be
the ob.ect of prescription. (15',a)
Art. 111*. Creditors and all other persons interested
in !akin the prescription effective !ay avail
the!selves thereof notwithstandin the e)press or
tacit ren"nciation by the debtor or proprietor. (15'/)
Art. 111+. The provisions of the present Title are
"nderstood to be witho"t pre."dice to what in this
Code or in special laws is established with respect to
specific cases of prescription. (15'3)
Art. 111,. Prescription already r"nnin before the
effectivity of this Code shall be overned by laws
previo"sly in force8 b"t if since the ti!e this Code took
effect the entire period herein re0"ired for prescription
sho"ld elapse& the present Code shall be applicable&
even tho"h by the for!er laws a loner period !iht
be re0"ired. (15'5)

C9APT:- 2
P-:@C-(PT(#6 #A #26:-@9(P A6D #T9:-
-:AL -($9T@

Art. 111/. Ac0"isitive prescription of do!inion and
other real rihts !ay be ordinary or e)traordinary.
#rdinary ac0"isitive prescription re0"ires possession
of thins in ood faith and with ."st title for the ti!e
fi)ed by law. (15*7a)
Art. 1113. Possession has to be in the concept of an
owner& p"blic& peacef"l and "ninterr"pted. (15*1)
Art. 1115. Acts of possessory character e)ec"ted in
virt"e of license or by !ere tolerance of the owner
shall not be available for the p"rposes of possession.
(15*2)
Art. 1127. Possession is interr"pted for the p"rposes
of prescription& nat"rally or civilly. (15*')
Art. 1121. Possession is nat"rally interr"pted when
thro"h any ca"se it sho"ld cease for !ore than one
year.
The old possession is not revived if a new possession
sho"ld be e)ercised by the sa!e adverse clai!ant.
(15**a)
Art. 1122. (f the nat"ral interr"ption is for only one
year or less& the ti!e elapsed shall be co"nted in
favor of the prescription. (n)
Art. 112'. Civil interr"ption is prod"ced by ."dicial
s"!!ons to the possessor. (15*+a)
Art. 112*. 4"dicial s"!!ons shall be dee!ed not to
have been iss"ed and shall not ive rise to
interr"ption<
(1) (f it sho"ld be void for lack of leal sole!nities8
(2) (f the plaintiff sho"ld desist fro! the co!plaint or
sho"ld allow the proceedins to lapse8
(') (f the possessor sho"ld be absolved fro! the
co!plaint.
(n all these cases& the period of the interr"ption shall
be co"nted for the prescription. (15*,a)
Art. 112+. Any e)press or tacit reconition which the
possessor !ay !ake of the owner;s riht also
interr"pts possession. (15*3)
Art. 112,. Aainst a title recorded in the -eistry of
Property& ordinary prescription of ownership or real
rihts shall not take place to the pre."dice of a third
person& e)cept in virt"e of another title also recorded8
and the ti!e shall bein to r"n fro! the recordin of
the latter.
As to lands reistered "nder the Land -eistration
Act& the provisions of that special law shall overn.
(15*5a)
Art. 112/. The ood faith of the possessor consists in
the reasonable belief that the person fro! who! he
received the thin was the owner thereof& and co"ld
trans!it his ownership. (15+7a)
Art. 1123. The conditions of ood faith re0"ired for
possession in Articles +2,& +2/& +23& and +25 of this
Code are likewise necessary for the deter!ination of
ood faith in the prescription of ownership and other
real rihts. (15+1)
Art. 1125. Aor the p"rposes of prescription& there is
."st title when the adverse clai!ant ca!e into
possession of the property thro"h one of the !odes
reconi%ed by law for the ac0"isition of ownership or
other real rihts& b"t the rantor was not the owner or
co"ld not trans!it any riht. (n)
Art. 11'7. The title for prescription !"st be tr"e and
valid. (15+')
Art. 11'1. Aor the p"rposes of prescription& ."st title
!"st be proved8 it is never pres"!ed. (15+*a)
Art. 11'2. The ownership of !ovables prescribes
thro"h "ninterr"pted possession for fo"r years in
ood faith.
The ownership of personal property also prescribes
thro"h "ninterr"pted possession for eiht years&
witho"t need of any other condition.
2ith reard to the riht of the owner to recover
personal property lost or of which he has been
illeally deprived& as well as with respect to !ovables
ac0"ired in a p"blic sale& fair& or !arket& or fro! a
!erchant;s store the provisions of Articles ++5 and
1+7+ of this Code shall be observed. (15++a)
Art. 11''. =ovables possessed thro"h a cri!e can
never be ac0"ired thro"h prescription by the
offender. (15+,a)
Art. 11'*. #wnership and other real rihts over
i!!ovable property are ac0"ired by ordinary
prescription thro"h possession of ten years. (15+/a)
Art. 11'+. (n case the adverse clai!ant possesses by
!istake an area reater& or less than that e)pressed
in his title& prescription shall be based on the
possession. (n)
Art. 11',. Possession in warti!e& when the civil
co"rts are not open& shall not be co"nted in favor of
the adverse clai!ant.
Art. 11'/. #wnership and other real rihts over
i!!ovables also prescribe thro"h "ninterr"pted
adverse possession thereof for thirty years& witho"t
need of title or of ood faith. (15+5a)
Art. 11'3. (n the co!p"tation of ti!e necessary for
prescription the followin r"les shall be observed<
(1) The present possessor !ay co!plete the period
necessary for prescription by tackin his possession
to that of his rantor or predecessor in interest8
(2) (t is pres"!ed that the present possessor who
was also the possessor at a previo"s ti!e& has
contin"ed to be in possession d"rin the intervenin
ti!e& "nless there is proof to the contrary8
(') The first day shall be e)cl"ded and the last day
incl"ded. (15,7a)
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Art. 11'5. Actions prescribe by the !ere lapse of ti!e
fi)ed by law. (15,1)
Art. 11*7. Actions to recover !ovables shall prescribe
eiht years fro! the ti!e the possession thereof is
lost& "nless the possessor has ac0"ired the
ownership by prescription for a less period& accordin
to Articles 11'2& and witho"t pre."dice to the
provisions of Articles ++5& 1+7+& and 11''. (15,2a)
Art. 11*1. -eal actions over i!!ovables prescribe
after thirty years.
This provision is witho"t pre."dice to what is
established for the ac0"isition of ownership and other
real rihts by prescription. (15,')
Art. 11*2. A !ortae action prescribes after ten
years. (15,*a)
Art. 11*'. The followin rihts& a!on others
specified elsewhere in this Code& are not e)tin"ished
by prescription<
(1) To de!and a riht of way& re"lated in Article ,*58
(2) To brin an action to abate a p"blic or private
n"isance. (n)
Art. 11**. The followin actions !"st be bro"ht
within ten years fro! the ti!e the riht of action
accr"es<
(1) ?pon a written contract8
(2) ?pon an obliation created by law8
(') ?pon a ."d!ent. (n)
Art. 11*+. The followin actions !"st be co!!enced
within si) years<
(1) ?pon an oral contract8
(2) ?pon a 0"asi1contract. (n)
Art. 11*,. The followin actions !"st be instit"ted
within fo"r years<
(1) ?pon an in."ry to the rihts of the plaintiff8
(2) ?pon a 0"asi1delict8
9owever& when the action arises fro! or o"t of any
act& activity& or cond"ct of any p"blic officer involvin
the e)ercise of powers or a"thority arisin fro!
=artial Law incl"din the arrest& detention andIor trial
of the plaintiff& the sa!e !"st be bro"ht within one
(1) year. (As a!ended by PD 6o. 1/++& Dec. 2*&
1537.)
Art. 11*/. The followin actions !"st be filed within
one year<
(1) Aor forcible entry and detainer8
(2) Aor defa!ation. (n)
Art. 11*3. The li!itations of action !entioned in
Articles 11*7 to 11*2& and 11** to 11*/ are witho"t
pre."dice to those specified in other parts of this
Code& in the Code of Co!!erce& and in special laws.
(n)
Art. 11*5. All other actions whose periods are not
fi)ed in this Code or in other laws !"st be bro"ht
within five years fro! the ti!e the riht of action
accr"es. (n)
Art. 11+7. The ti!e for prescription for all kinds of
actions& when there is no special provision which
ordains otherwise& shall be co"nted fro! the day they
!ay be bro"ht. (15,5)
Art. 11+1. The ti!e for the prescription of actions
which have for their ob.ect the enforce!ent of
obliations to pay principal with interest or ann"ity
r"ns fro! the last pay!ent of the ann"ity or of the
interest. (15/7a)
Art. 11+2. The period for prescription of actions to
de!and the f"lfill!ent of obliation declared by a
."d!ent co!!ences fro! the ti!e the ."d!ent
beca!e final. (15/1)
Art. 11+'. The period for prescription of actions to
de!and acco"ntin r"ns fro! the day the persons
who sho"ld render the sa!e cease in their f"nctions.
The period for the action arisin fro! the res"lt of the
acco"ntin r"ns fro! the date when said res"lt was
reconi%ed by aree!ent of the interested parties.
(15/2)
Art. 11+*. The period d"rin which the obliee was
prevented by a fort"ito"s event fro! enforcin his
riht is not reckoned aainst hi!. (n)
Art. 11++. The prescription of actions is interr"pted
when they are filed before the co"rt& when there is a
written e)tra."dicial de!and by the creditors& and
when there is any written acknowled!ent of the debt
by the debtor. (15/'a)
REPUBLIC ACT NO. 386
AN ACT TO ORDAIN AND INSTITUTE
THE CIVIL CODE OF THE PHILIPPINES
BOOK IV
OBLI%ATIONS AND CONTRACTS
Ti!". I. # OBLI%ATIONS
CHAPTER $
%ENERAL PROVISIONS

Art. 11+,. An obliation is a ."ridical necessity to ive&
to do or not to do. (n)
Art. 11+/. #bliations arise fro!<
(1) Law8
(2) Contracts8
(') E"asi1contracts8
(*) Acts or o!issions p"nished by law8 and
(+) E"asi1delicts. (1735a)
Art. 11+3. #bliations derived fro! law are not
pres"!ed. #nly those e)pressly deter!ined in this
Code or in special laws are de!andable& and shall be
re"lated by the precepts of the law which establishes
the!8 and as to what has not been foreseen& by the
provisions of this Book. (1757)
Art. 11+5. #bliations arisin fro! contracts have the
force of law between the contractin parties and
sho"ld be co!plied with in ood faith. (1751a)
Art. 11,7. #bliations derived fro! 0"asi1contracts
shall be s"b.ect to the provisions of Chapter 1& Title
G>((& of this Book. (n)
Art. 11,1. Civil obliations arisin fro! cri!inal
offenses shall be overned by the penal laws& s"b.ect
to the provisions of Article 21//& and of the pertinent
provisions of Chapter 2& Preli!inary Title& on 9"!an
-elations& and of Title G>((( of this Book& re"latin
da!aes. (1752a)
Art. 11,2. #bliations derived fro! 0"asi1delicts shall
be overned by the provisions of Chapter 2& Title G>((
of this Book& and by special laws. (175'a)

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Art. 11,'. :very person oblied to ive so!ethin is
also oblied to take care of it with the proper dilience
of a ood father of a fa!ily& "nless the law or the
stip"lation of the parties re0"ires another standard of
care. (175*a)
Art. 11,*. The creditor has a riht to the fr"its of the
thin fro! the ti!e the obliation to deliver it arises.
9owever& he shall ac0"ire no real riht over it "ntil the
sa!e has been delivered to hi!. (175+)
Art. 11,+. 2hen what is to be delivered is a
deter!inate thin& the creditor& in addition to the riht
ranted hi! by Article 11/7& !ay co!pel the debtor
to !ake the delivery.
(f the thin is indeter!inate or eneric& he !ay ask
that the obliation be co!plied with at the e)pense of
the debtor.
(f the oblior delays& or has pro!ised to deliver the
sa!e thin to two or !ore persons who do not have
the sa!e interest& he shall be responsible for any
fort"ito"s event "ntil he has effected the delivery.
(175,)
Art. 11,,. The obliation to ive a deter!inate thin
incl"des that of deliverin all its accessions and
accessories& even tho"h they !ay not have been
!entioned. (175/a)
Art. 11,/. (f a person oblied to do so!ethin fails to
do it& the sa!e shall be e)ec"ted at his cost.
This sa!e r"le shall be observed if he does it in
contravention of the tenor of the obliation.
A"rther!ore& it !ay be decreed that what has been
poorly done be "ndone. (1753)
Art. 11,3. 2hen the obliation consists in not doin&
and the oblior does what has been forbidden hi!& it
shall also be "ndone at his e)pense. (1755a)
Art. 11,5. Those oblied to deliver or to do so!ethin
inc"r in delay fro! the ti!e the obliee ."dicially or
e)tra."dicially de!ands fro! the! the f"lfill!ent of
their obliation.
9owever& the de!and by the creditor shall not be
necessary in order that delay !ay e)ist<
(1) 2hen the obliation or the law e)pressly so
declare8 or
(2) 2hen fro! the nat"re and the circ"!stances of
the obliation it appears that the desination of the
ti!e when the thin is to be delivered or the service is
to be rendered was a controllin !otive for the
establish!ent of the contract8 or
(') 2hen de!and wo"ld be "seless& as when the
oblior has rendered it beyond his power to perfor!.
(n reciprocal obliations& neither party inc"rs in delay
if the other does not co!ply or is not ready to co!ply
in a proper !anner with what is inc"!bent "pon hi!.
Aro! the !o!ent one of the parties f"lfills his
obliation& delay by the other beins. (1177a)
Art. 11/7. Those who in the perfor!ance of their
obliations are "ilty of fra"d& nelience& or delay&
and those who in any !anner contravene the tenor
thereof& are liable for da!aes. (1171)
Art. 11/1. -esponsibility arisin fro! fra"d is
de!andable in all obliations. Any waiver of an action
for f"t"re fra"d is void. (1172a)
Art. 11/2. -esponsibility arisin fro! nelience in
the perfor!ance of every kind of obliation is also
de!andable& b"t s"ch liability !ay be re"lated by
the co"rts& accordin to the circ"!stances. (117')
Art. 11/'. The fa"lt or nelience of the oblior
consists in the o!ission of that dilience which is
re0"ired by the nat"re of the obliation and
corresponds with the circ"!stances of the persons& of
the ti!e and of the place. 2hen nelience shows
bad faith& the provisions of Articles 11/1 and 2271&
pararaph 2& shall apply.
(f the law or contract does not state the dilience
which is to be observed in the perfor!ance& that
which is e)pected of a ood father of a fa!ily shall be
re0"ired. (117*a)
Art. 11/*. :)cept in cases e)pressly specified by the
law& or when it is otherwise declared by stip"lation& or
when the nat"re of the obliation re0"ires the
ass"!ption of risk& no person shall be responsible for
those events which co"ld not be foreseen& or which&
tho"h foreseen& were inevitable. (117+a)
Art. 11/+. ?s"rio"s transactions shall be overned by
special laws. (n)
Art. 11/,. The receipt of the principal by the creditor
witho"t reservation with respect to the interest& shall
ive rise to the pres"!ption that said interest has
been paid.
The receipt of a later install!ent of a debt witho"t
reservation as to prior install!ents& shall likewise
raise the pres"!ption that s"ch install!ents have
been paid. (1117a)
Art. 11//. The creditors& after havin p"rs"ed the
property in possession of the debtor to satisfy their
clai!s& !ay e)ercise all the rihts and brin all the
actions of the latter for the sa!e p"rpose& save those
which are inherent in his person8 they !ay also
i!p"n the acts which the debtor !ay have done to
defra"d the!. (1111)
Art. 11/3. @"b.ect to the laws& all rihts ac0"ired in
virt"e of an obliation are trans!issible& if there has
been no stip"lation to the contrary. (1112)

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@:CT(#6 1. 1 P"re and Conditional #bliations

Art. 11/5. :very obliation whose perfor!ance does
not depend "pon a f"t"re or "ncertain event& or "pon
a past event "nknown to the parties& is de!andable at
once.
:very obliation which contains a resol"tory condition
shall also be de!andable& witho"t pre."dice to the
effects of the happenin of the event. (111')
Art. 1137. 2hen the debtor binds hi!self to pay when
his !eans per!it hi! to do so& the obliation shall be
dee!ed to be one with a period& s"b.ect to the
provisions of Article 115/. (n)
Art. 1131. (n conditional obliations& the ac0"isition of
rihts& as well as the e)tin"ish!ent or loss of those
already ac0"ired& shall depend "pon the happenin of
the event which constit"tes the condition. (111*)
Art. 1132. 2hen the f"lfill!ent of the condition
depends "pon the sole will of the debtor& the
conditional obliation shall be void. (f it depends "pon
chance or "pon the will of a third person& the
obliation shall take effect in confor!ity with the
provisions of this Code. (111+)
Art. 113'. (!possible conditions& those contrary to
ood c"sto!s or p"blic policy and those prohibited by
law shall ann"l the obliation which depends "pon
the!. (f the obliation is divisible& that part thereof
which is not affected by the i!possible or "nlawf"l
condition shall be valid.
The condition not to do an i!possible thin shall be
considered as not havin been areed "pon. (111,a)
Art. 113*. The condition that so!e event happen at a
deter!inate ti!e shall e)tin"ish the obliation as
soon as the ti!e e)pires or if it has beco!e
ind"bitable that the event will not take place. (111/)
Art. 113+. The condition that so!e event will not
happen at a deter!inate ti!e shall render the
obliation effective fro! the !o!ent the ti!e
indicated has elapsed& or if it has beco!e evident that
the event cannot occ"r.
(f no ti!e has been fi)ed& the condition shall be
dee!ed f"lfilled at s"ch ti!e as !ay have probably
been conte!plated& bearin in !ind the nat"re of the
obliation. (1113)
Art. 113,. The condition shall be dee!ed f"lfilled
when the oblior vol"ntarily prevents its f"lfill!ent.
(1115)
Art. 113/. The effects of a conditional obliation to
ive& once the condition has been f"lfilled& shall
retroact to the day of the constit"tion of the obliation.
6evertheless& when the obliation i!poses reciprocal
prestations "pon the parties& the fr"its and interests
d"rin the pendency of the condition shall be dee!ed
to have been !"t"ally co!pensated. (f the obliation
is "nilateral& the debtor shall appropriate the fr"its and
interests received& "nless fro! the nat"re and
circ"!stances of the obliation it sho"ld be inferred
that the intention of the person constit"tin the sa!e
was different.
(n obliations to do and not to do& the co"rts shall
deter!ine& in each case& the retroactive effect of the
condition that has been co!plied with. (1127)
Art. 1133. The creditor !ay& before the f"lfill!ent of
the condition& brin the appropriate actions for the
preservation of his riht.
The debtor !ay recover what d"rin the sa!e ti!e
he has paid by !istake in case of a s"spensive
condition. (1121a)
Art. 1135. 2hen the conditions have been i!posed
with the intention of s"spendin the efficacy of an
obliation to ive& the followin r"les shall be
observed in case of the i!prove!ent& loss or
deterioration of the thin d"rin the pendency of the
condition<
(1) (f the thin is lost witho"t the fa"lt of the debtor&
the obliation shall be e)tin"ished8
(2) (f the thin is lost thro"h the fa"lt of the debtor&
he shall be oblied to pay da!aes8 it is "nderstood
that the thin is lost when it perishes& or oes o"t of
co!!erce& or disappears in s"ch a way that its
e)istence is "nknown or it cannot be recovered8
(') 2hen the thin deteriorates witho"t the fa"lt of the
debtor& the i!pair!ent is to be borne by the creditor8
(*) (f it deteriorates thro"h the fa"lt of the debtor& the
creditor !ay choose between the rescission of the
obliation and its f"lfill!ent& with inde!nity for
da!aes in either case8
(+) (f the thin is i!proved by its nat"re& or by ti!e&
the i!prove!ent shall in"re to the benefit of the
creditor8
(,) (f it is i!proved at the e)pense of the debtor& he
shall have no other riht than that ranted to the
"s"fr"ct"ary. (1122)
Art. 1157. 2hen the conditions have for their p"rpose
the e)tin"ish!ent of an obliation to ive& the
parties& "pon the f"lfill!ent of said conditions& shall
ret"rn to each other what they have received.
(n case of the loss& deterioration or i!prove!ent of
the thin& the provisions which& with respect to the
debtor& are laid down in the precedin article shall be
applied to the party who is bo"nd to ret"rn.
As for the obliations to do and not to do& the
provisions of the second pararaph of Article 113/
shall be observed as reards the effect of the
e)tin"ish!ent of the obliation. (112')
Art. 1151. The power to rescind obliations is i!plied
in reciprocal ones& in case one of the obliors sho"ld
not co!ply with what is inc"!bent "pon hi!.
The in."red party !ay choose between the f"lfill!ent
and the rescission of the obliation& with the pay!ent
of da!aes in either case. 9e !ay also seek
rescission& even after he has chosen f"lfill!ent& if the
latter sho"ld beco!e i!possible.
The co"rt shall decree the rescission clai!ed& "nless
there be ."st ca"se a"thori%in the fi)in of a period.
This is "nderstood to be witho"t pre."dice to the rihts
of third persons who have ac0"ired the thin& in
accordance with Articles 1'3+ and 1'33 and the
=ortae Law. (112*)
Art. 1152. (n case both parties have co!!itted a
breach of the obliation& the liability of the first
infractor shall be e0"itably te!pered by the co"rts. (f
it cannot be deter!ined which of the parties first
violated the contract& the sa!e shall be dee!ed
e)tin"ished& and each shall bear his own da!aes.
(n)

@:CT(#6 2. 1 #bliations with a Period

Art. 115'. #bliations for whose f"lfill!ent a day
certain has been fi)ed& shall be de!andable only
when that day co!es.
#bliations with a resol"tory period take effect at
once& b"t ter!inate "pon arrival of the day certain.
A day certain is "nderstood to be that which !"st
necessarily co!e& altho"h it !ay not be known
when.
(f the "ncertainty consists in whether the day will
co!e or not& the obliation is conditional& and it shall
be re"lated by the r"les of the precedin @ection.
(112+a)
Art. 115*. (n case of loss& deterioration or
i!prove!ent of the thin before the arrival of the day
certain& the r"les in Article 1135 shall be observed. (n)
Art. 115+. Anythin paid or delivered before the arrival
of the period& the oblior bein "naware of the period
or believin that the obliation has beco!e d"e and
de!andable& !ay be recovered& with the fr"its and
interests. (112,a)
Art. 115,. 2henever in an obliation a period is
desinated& it is pres"!ed to have been established
for the benefit of both the creditor and the debtor&
"nless fro! the tenor of the sa!e or other
circ"!stances it sho"ld appear that the period has
been established in favor of one or of the other.
(112/)
Art. 115/. (f the obliation does not fi) a period& b"t
fro! its nat"re and the circ"!stances it can be
inferred that a period was intended& the co"rts !ay fi)
the d"ration thereof.
The co"rts shall also fi) the d"ration of the period
when it depends "pon the will of the debtor.
(n every case& the co"rts shall deter!ine s"ch period
as !ay "nder the circ"!stances have been probably
conte!plated by the parties. #nce fi)ed by the co"rts&
the period cannot be chaned by the!. (1123a)
Art. . The debtor shall lose every riht to !ake "se
of the period<
(1) 2hen after the obliation has been contracted& he
beco!es insolvent& "nless he ives a "aranty or
sec"rity for the debt8
(2) 2hen he does not f"rnish to the creditor the
"aranties or sec"rities which he has pro!ised8
(') 2hen by his own acts he has i!paired said
"aranties or sec"rities after their establish!ent& and
when thro"h a fort"ito"s event they disappear&
"nless he i!!ediately ives new ones e0"ally
satisfactory8
(*) 2hen the debtor violates any "ndertakin& in
consideration of which the creditor areed to the
period8
(+) 2hen the debtor atte!pts to abscond. (1125a)

@:CT(#6 '. 1 Alternative #bliations

Art. 1155. A person alternatively bo"nd by different
prestations shall co!pletely perfor! one of the!.
The creditor cannot be co!pelled to receive part of
one and part of the other "ndertakin. (11'1)
Art. 1277. The riht of choice belons to the debtor&
"nless it has been e)pressly ranted to the creditor.
The debtor shall have no riht to choose those
prestations which are i!possible& "nlawf"l or which
co"ld not have been the ob.ect of the obliation.
(11'2)
Art. 1271. The choice shall prod"ce no effect e)cept
fro! the ti!e it has been co!!"nicated. (11'')
Art. 1272. The debtor shall lose the riht of choice
when a!on the prestations whereby he is
alternatively bo"nd& only one is practicable. (11'*)
Art. 127'. (f thro"h the creditor;s acts the debtor
cannot !ake a choice accordin to the ter!s of the
obliation& the latter !ay rescind the contract with
da!aes. (n)
Art. 127*. The creditor shall have a riht to inde!nity
for da!aes when& thro"h the fa"lt of the debtor& all
the thins which are alternatively the ob.ect of the
obliation have been lost& or the co!pliance of the
obliation has beco!e i!possible.
The inde!nity shall be fi)ed takin as a basis the
val"e of the last thin which disappeared& or that of
the service which last beca!e i!possible.
Da!aes other than the val"e of the last thin or
service !ay also be awarded. (11'+a)
Art. 127+. 2hen the choice has been e)pressly iven
to the creditor& the obliation shall cease to be
alternative fro! the day when the selection has been
co!!"nicated to the debtor.
?ntil then the responsibility of the debtor shall be
overned by the followin r"les<
(1) (f one of the thins is lost thro"h a fort"ito"s
event& he shall perfor! the obliation by deliverin
that which the creditor sho"ld choose fro! a!on the
re!ainder& or that which re!ains if only one s"bsists8
(2) (f the loss of one of the thins occ"rs thro"h the
fa"lt of the debtor& the creditor !ay clai! any of those
s"bsistin& or the price of that which& thro"h the fa"lt
of the for!er& has disappeared& with a riht to
da!aes8
(') (f all the thins are lost thro"h the fa"lt of the
debtor& the choice by the creditor shall fall "pon the
price of any one of the!& also with inde!nity for
da!aes.
The sa!e r"les shall be applied to obliations to do or
not to do in case one& so!e or all of the prestations
sho"ld beco!e i!possible. (11',a)
Art. 127,. 2hen only one prestation has been areed
"pon& b"t the oblior !ay render another in
s"bstit"tion& the obliation is called fac"ltative.
The loss or deterioration of the thin intended as a
s"bstit"te& thro"h the nelience of the oblior& does
not render hi! liable. B"t once the s"bstit"tion has
been !ade& the oblior is liable for the loss of the
s"bstit"te on acco"nt of his delay& nelience or
fra"d. (n)

@:CT(#6 *. 1 4oint and @olidary #bliations

Art. 127/. The conc"rrence of two or !ore creditors
or of two or !ore debtors in one and the sa!e
obliation does not i!ply that each one of the for!er
has a riht to de!and& or that each one of the latter is
bo"nd to render& entire co!pliance with the
prestation. There is a solidary liability only when the
obliation e)pressly so states& or when the law or the
nat"re of the obliation re0"ires solidarity. (11'/a)
Art. 1273. (f fro! the law& or the nat"re or the wordin
of the obliations to which the precedin article refers
the contrary does not appear& the credit or debt shall
be pres"!ed to be divided into as !any shares as
there are creditors or debtors& the credits or debts
bein considered distinct fro! one another& s"b.ect to
the -"les of Co"rt overnin the !"ltiplicity of s"its.
(11'3a)
Art. 1275. (f the division is i!possible& the riht of the
creditors !ay be pre."diced only by their collective
acts& and the debt can be enforced only by
proceedin aainst all the debtors. (f one of the latter
sho"ld be insolvent& the others shall not be liable for
his share. (11'5)
Art. 1217. The indivisibility of an obliation does not
necessarily ive rise to solidarity. 6or does solidarity
of itself i!ply indivisibility. (n)
Art. 1211. @olidarity !ay e)ist altho"h the creditors
and the debtors !ay not be bo"nd in the sa!e
!anner and by the sa!e periods and conditions.
(11*7)
Art. 1212. :ach one of the solidary creditors !ay do
whatever !ay be "sef"l to the others& b"t not
anythin which !ay be pre."dicial to the latter.
(11*1a)
Art. 121'. A solidary creditor cannot assin his rihts
witho"t the consent of the others. (n)
Art. 121*. The debtor !ay pay any one of the solidary
creditors8 b"t if any de!and& ."dicial or e)tra."dicial&
has been !ade by one of the!& pay!ent sho"ld be
!ade to hi!. (11*2a)
Art. 121+. 6ovation& co!pensation& conf"sion or
re!ission of the debt& !ade by any of the solidary
creditors or with any of the solidary debtors& shall
e)tin"ish the obliation& witho"t pre."dice to the
provisions of Article 1215.
The creditor who !ay have e)ec"ted any of these
acts& as well as he who collects the debt& shall be
liable to the others for the share in the obliation
correspondin to the!. (11*')
Art. 121,. The creditor !ay proceed aainst any one
of the solidary debtors or so!e or all of the!
si!"ltaneo"sly. The de!and !ade aainst one of
the! shall not be an obstacle to those which !ay
s"bse0"ently be directed aainst the others& so lon
as the debt has not been f"lly collected. (11**a)
Art. 121/. Pay!ent !ade by one of the solidary
debtors e)tin"ishes the obliation. (f two or !ore
solidary debtors offer to pay& the creditor !ay choose
which offer to accept.
9e who !ade the pay!ent !ay clai! fro! his co1
debtors only the share which corresponds to each&
with the interest for the pay!ent already !ade. (f the
pay!ent is !ade before the debt is d"e& no interest
for the intervenin period !ay be de!anded.
2hen one of the solidary debtors cannot& beca"se of
his insolvency& rei!b"rse his share to the debtor
payin the obliation& s"ch share shall be borne by all
his co1debtors& in proportion to the debt of each.
(11*+a)
Art. 1213. Pay!ent by a solidary debtor shall not
entitle hi! to rei!b"rse!ent fro! his co1debtors if
s"ch pay!ent is !ade after the obliation has
prescribed or beco!e illeal. (n)
Art. 1215. The re!ission !ade by the creditor of the
share which affects one of the solidary debtors does
not release the latter fro! his responsibility towards
the co1debtors& in case the debt had been totally paid
by anyone of the! before the re!ission was effected.
(11*,a)
Art. 1227. The re!ission of the whole obliation&
obtained by one of the solidary debtors& does not
entitle hi! to rei!b"rse!ent fro! his co1debtors. (n)
Art. 1221. (f the thin has been lost or if the prestation
has beco!e i!possible witho"t the fa"lt of the
solidary debtors& the obliation shall be e)tin"ished.
(f there was fa"lt on the part of any one of the!& all
shall be responsible to the creditor& for the price and
the pay!ent of da!aes and interest& witho"t
pre."dice to their action aainst the "ilty or nelient
debtor.
(f thro"h a fort"ito"s event& the thin is lost or the
perfor!ance has beco!e i!possible after one of the
solidary debtors has inc"rred in delay thro"h the
."dicial or e)tra."dicial de!and "pon hi! by the
creditor& the provisions of the precedin pararaph
shall apply. (11*/a)
Art. 1222. A solidary debtor !ay& in actions filed by
the creditor& avail hi!self of all defenses which are
derived fro! the nat"re of the obliation and of those
which are personal to hi!& or pertain to his own
share. 2ith respect to those which personally belon
to the others& he !ay avail hi!self thereof only as
reards that part of the debt for which the latter are
responsible. (11*3a)

@:CT(#6 +. 1 Divisible and (ndivisible #bliations

Art. 122'. The divisibility or indivisibility of the thins
that are the ob.ect of obliations in which there is only
one debtor and only one creditor does not alter or
!odify the provisions of Chapter 2 of this Title. (11*5)
Art. 122*. A .oint indivisible obliation ives rise to
inde!nity for da!aes fro! the ti!e anyone of the
debtors does not co!ply with his "ndertakin. The
debtors who !ay have been ready to f"lfill their
pro!ises shall not contrib"te to the inde!nity beyond
the correspondin portion of the price of the thin or
of the val"e of the service in which the obliation
consists. (11+7)
Art. 122+. Aor the p"rposes of the precedin articles&
obliations to ive definite thins and those which are
not s"sceptible of partial perfor!ance shall be
dee!ed to be indivisible.
2hen the obliation has for its ob.ect the e)ec"tion of
a certain n"!ber of days of work& the acco!plish!ent
of work by !etrical "nits& or analoo"s thins which
by their nat"re are s"sceptible of partial perfor!ance&
it shall be divisible.
9owever& even tho"h the ob.ect or service !ay be
physically divisible& an obliation is indivisible if so
provided by law or intended by the parties.
(n obliations not to do& divisibility or indivisibility shall
be deter!ined by the character of the prestation in
each partic"lar case. (11+1a)

@:CT(#6 ,. 1 #bliations with a Penal Cla"se

Art. 122,. (n obliations with a penal cla"se& the
penalty shall s"bstit"te the inde!nity for da!aes
and the pay!ent of interests in case of
nonco!pliance& if there is no stip"lation to the
contrary. 6evertheless& da!aes shall be paid if the
oblior ref"ses to pay the penalty or is "ilty of fra"d
in the f"lfill!ent of the obliation.
The penalty !ay be enforced only when it is
de!andable in accordance with the provisions of this
Code. (11+2a)
Art. 122/. The debtor cannot e)e!pt hi!self fro! the
perfor!ance of the obliation by payin the penalty&
save in the case where this riht has been e)pressly
reserved for hi!. 6either can the creditor de!and the
f"lfill!ent of the obliation and the satisfaction of the
penalty at the sa!e ti!e& "nless this riht has been
clearly ranted hi!. 9owever& if after the creditor has
decided to re0"ire the f"lfill!ent of the obliation& the
perfor!ance thereof sho"ld beco!e i!possible
witho"t his fa"lt& the penalty !ay be enforced.
(11+'a)
Art. 1223. Proof of act"al da!aes s"ffered by the
creditor is not necessary in order that the penalty !ay
be de!anded. (n)
Art. 1225. The ."de shall e0"itably red"ce the
penalty when the principal obliation has been partly
or irre"larly co!plied with by the debtor. :ven if
there has been no perfor!ance& the penalty !ay also
be red"ced by the co"rts if it is ini0"ito"s or
"nconscionable. (11+*a)
Art. 12'7. The n"llity of the penal cla"se does not
carry with it that of the principal obliation.
The n"llity of the principal obliation carries with it that
of the penal cla"se. (11++)

C9APT:- *
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Art. 12'1. #bliations are e)tin"ished<
(1) By pay!ent or perfor!ance<
(2) By the loss of the thin d"e<
(') By the condonation or re!ission of the debt8
(*) By the conf"sion or !erer of the rihts of creditor
and debtor8
(+) By co!pensation8
(,) By novation.
#ther ca"ses of e)tin"ish!ent of obliations& s"ch
as ann"l!ent& rescission& f"lfill!ent of a resol"tory
condition& and prescription& are overned elsewhere
in this Code. (11+,a)

@:CT(#6 1. 1 Pay!ent or Perfor!ance

Art. 12'2. Pay!ent !eans not only the delivery of
!oney b"t also the perfor!ance& in any other
!anner& of an obliation. (n)
Art. 12''. A debt shall not be "nderstood to have
been paid "nless the thin or service in which the
obliation consists has been co!pletely delivered or
rendered& as the case !ay be. (11+/)
Art. 12'*. (f the obliation has been s"bstantially
perfor!ed in ood faith& the oblior !ay recover as
tho"h there had been a strict and co!plete
f"lfill!ent& less da!aes s"ffered by the obliee. (n)
Art. 12'+. 2hen the obliee accepts the perfor!ance&
knowin its inco!pleteness or irre"larity& and witho"t
e)pressin any protest or ob.ection& the obliation is
dee!ed f"lly co!plied with. (n)
Art. 12',. The creditor is not bo"nd to accept
pay!ent or perfor!ance by a third person who has
no interest in the f"lfill!ent of the obliation& "nless
there is a stip"lation to the contrary.
2hoever pays for another !ay de!and fro! the
debtor what he has paid& e)cept that if he paid witho"t
the knowlede or aainst the will of the debtor& he can
recover only insofar as the pay!ent has been
beneficial to the debtor. (11+3a)
Art. 12'/. 2hoever pays on behalf of the debtor
witho"t the knowlede or aainst the will of the latter&
cannot co!pel the creditor to s"broate hi! in his
rihts& s"ch as those arisin fro! a !ortae&
"aranty& or penalty. (11+5a)
Art. 12'3. Pay!ent !ade by a third person who does
not intend to be rei!b"rsed by the debtor is dee!ed
to be a donation& which re0"ires the debtor;s consent.
B"t the pay!ent is in any case valid as to the creditor
who has accepted it. (n)
Art. 12'5. (n obliations to ive& pay!ent !ade by
one who does not have the free disposal of the thin
d"e and capacity to alienate it shall not be valid&
witho"t pre."dice to the provisions of Article 1*2/
"nder the Title on "6at"ral #bliations." (11,7a)
Art. 12*7. Pay!ent shall be !ade to the person in
whose favor the obliation has been constit"ted& or
his s"ccessor in interest& or any person a"thori%ed to
receive it. (11,2a)
Art. 12*1. Pay!ent to a person who is incapacitated
to ad!inister his property shall be valid if he has kept
the thin delivered& or insofar as the pay!ent has
been beneficial to hi!.
Pay!ent !ade to a third person shall also be valid
insofar as it has redo"nded to the benefit of the
creditor. @"ch benefit to the creditor need not be
proved in the followin cases<
(1) (f after the pay!ent& the third person ac0"ires the
creditor;s rihts8
(2) (f the creditor ratifies the pay!ent to the third
person8
(') (f by the creditor;s cond"ct& the debtor has been
led to believe that the third person had a"thority to
receive the pay!ent. (11,'a)
Art. 12*2. Pay!ent !ade in ood faith to any person
in possession of the credit shall release the debtor.
(11,*)
Art. 12*'. Pay!ent !ade to the creditor by the debtor
after the latter has been ."dicially ordered to retain the
debt shall not be valid. (11,+)
Art. 12**. The debtor of a thin cannot co!pel the
creditor to receive a different one& altho"h the latter
!ay be of the sa!e val"e as& or !ore val"able than
that which is d"e.
(n obliations to do or not to do& an act or forbearance
cannot be s"bstit"ted by another act or forbearance
aainst the obliee;s will. (11,,a)
Art. 12*+. Dation in pay!ent& whereby property is
alienated to the creditor in satisfaction of a debt in
!oney& shall be overned by the law of sales. (n)
Art. 12*,. 2hen the obliation consists in the delivery
of an indeter!inate or eneric thin& whose 0"ality
and circ"!stances have not been stated& the creditor
cannot de!and a thin of s"perior 0"ality. 6either
can the debtor deliver a thin of inferior 0"ality. The
p"rpose of the obliation and other circ"!stances
shall be taken into consideration. (11,/a)
Art. 12*/. ?nless it is otherwise stip"lated& the
e)tra."dicial e)penses re0"ired by the pay!ent shall
be for the acco"nt of the debtor. 2ith reard to
."dicial costs& the -"les of Co"rt shall overn. (11,3a)
Art. 12*3. ?nless there is an e)press stip"lation to
that effect& the creditor cannot be co!pelled partially
to receive the prestations in which the obliation
consists. 6either !ay the debtor be re0"ired to !ake
partial pay!ents.
9owever& when the debt is in part li0"idated and in
part "nli0"idated& the creditor !ay de!and and the
debtor !ay effect the pay!ent of the for!er witho"t
waitin for the li0"idation of the latter. (11,5a)
Art. 12*5. The pay!ent of debts in !oney shall be
!ade in the c"rrency stip"lated& and if it is not
possible to deliver s"ch c"rrency& then in the c"rrency
which is leal tender in the Philippines.
The delivery of pro!issory notes payable to order& or
bills of e)chane or other !ercantile doc"!ents shall
prod"ce the effect of pay!ent only when they have
been cashed& or when thro"h the fa"lt of the creditor
they have been i!paired.
(n the !eanti!e& the action derived fro! the oriinal
obliation shall be held in the abeyance. (11/7)
Art. 12+7. (n case an e)traordinary inflation or
deflation of the c"rrency stip"lated sho"ld s"pervene&
the val"e of the c"rrency at the ti!e of the
establish!ent of the obliation shall be the basis of
pay!ent& "nless there is an aree!ent to the
contrary. (n)
Art. 12+1. Pay!ent shall be !ade in the place
desinated in the obliation.
There bein no e)press stip"lation and if the
"ndertakin is to deliver a deter!inate thin& the
pay!ent shall be !ade wherever the thin !iht be
at the !o!ent the obliation was constit"ted.
(n any other case the place of pay!ent shall be the
do!icile of the debtor.
(f the debtor chanes his do!icile in bad faith or after
he has inc"rred in delay& the additional e)penses
shall be borne by hi!.
These provisions are witho"t pre."dice to ven"e
"nder the -"les of Co"rt. (11/1a)

@?B@:CT(#6 1. 1 Application of Pay!ents

Art. 12+2. 9e who has vario"s debts of the sa!e kind
in favor of one and the sa!e creditor& !ay declare at
the ti!e of !akin the pay!ent& to which of the! the
sa!e !"st be applied. ?nless the parties so stip"late&
or when the application of pay!ent is !ade by the
party for whose benefit the ter! has been constit"ted&
application shall not be !ade as to debts which are
not yet d"e.
(f the debtor accepts fro! the creditor a receipt in
which an application of the pay!ent is !ade& the
for!er cannot co!plain of the sa!e& "nless there is a
ca"se for invalidatin the contract. (11/2a)
Art. 12+'. (f the debt prod"ces interest& pay!ent of
the principal shall not be dee!ed to have been !ade
"ntil the interests have been covered. (11/')
Art. 12+*. 2hen the pay!ent cannot be applied in
accordance with the precedin r"les& or if application
can not be inferred fro! other circ"!stances& the
debt which is !ost onero"s to the debtor& a!on
those d"e& shall be dee!ed to have been satisfied.
(f the debts d"e are of the sa!e nat"re and b"rden&
the pay!ent shall be applied to all of the!
proportionately. (11/*a)

@?B@:CT(#6 2. 1 Pay!ent by Cession

Art. 12++. The debtor !ay cede or assin his property
to his creditors in pay!ent of his debts. This cession&
"nless there is stip"lation to the contrary& shall only
release the debtor fro! responsibility for the net
proceeds of the thin assined. The aree!ents
which& on the effect of the cession& are !ade between
the debtor and his creditors shall be overned by
special laws. (11/+a)

@?B@:CT(#6 '. 1 Tender of Pay!ent and
Consination

Art. 12+,. (f the creditor to who! tender of pay!ent
has been !ade ref"ses witho"t ."st ca"se to accept
it& the debtor shall be released fro! responsibility by
the consination of the thin or s"! d"e.
Consination alone shall prod"ce the sa!e effect in
the followin cases<
(1) 2hen the creditor is absent or "nknown& or does
not appear at the place of pay!ent8
(2) 2hen he is incapacitated to receive the pay!ent
at the ti!e it is d"e8
(') 2hen& witho"t ."st ca"se& he ref"ses to ive a
receipt8
(*) 2hen two or !ore persons clai! the sa!e riht to
collect8
(+) 2hen the title of the obliation has been lost.
(11/,a)
Art. 12+/. (n order that the consination of the thin
d"e !ay release the oblior& it !"st first be
anno"nced to the persons interested in the f"lfill!ent
of the obliation.
The consination shall be ineffect"al if it is not !ade
strictly in consonance with the provisions which
re"late pay!ent. (11//)
Art. 12+3. Consination shall be !ade by depositin
the thins d"e at the disposal of ."dicial a"thority&
before who! the tender of pay!ent shall be proved&
in a proper case& and the anno"nce!ent of the
consination in other cases.
The consination havin been !ade& the interested
parties shall also be notified thereof. (11/3)
Art. 12+5. The e)penses of consination& when
properly !ade& shall be chared aainst the creditor.
(11/3)
Art. 12,7. #nce the consination has been d"ly
!ade& the debtor !ay ask the ."de to order the
cancellation of the obliation.
Before the creditor has accepted the consination& or
before a ."dicial declaration that the consination has
been properly !ade& the debtor !ay withdraw the
thin or the s"! deposited& allowin the obliation to
re!ain in force. (1137)
Art. 12,1. (f& the consination havin been !ade& the
creditor sho"ld a"thori%e the debtor to withdraw the
sa!e& he shall lose every preference which he !ay
have over the thin. The co1debtors& "arantors and
s"reties shall be released. (1131a)

@:CT(#6 2. 1 Loss of the Thin D"e

Art. 12,2. An obliation which consists in the delivery
of a deter!inate thin shall be e)tin"ished if it
sho"ld be lost or destroyed witho"t the fa"lt of the
debtor& and before he has inc"rred in delay.
2hen by law or stip"lation& the oblior is liable even
for fort"ito"s events& the loss of the thin does not
e)tin"ish the obliation& and he shall be responsible
for da!aes. The sa!e r"le applies when the nat"re
of the obliation re0"ires the ass"!ption of risk.
(1132a)
Art. 12,'. (n an obliation to deliver a eneric thin&
the loss or destr"ction of anythin of the sa!e kind
does not e)tin"ish the obliation. (n)
Art. 12,*. The co"rts shall deter!ine whether& "nder
the circ"!stances& the partial loss of the ob.ect of the
obliation is so i!portant as to e)tin"ish the
obliation. (n)
Art. 12,+. 2henever the thin is lost in the
possession of the debtor& it shall be pres"!ed that
the loss was d"e to his fa"lt& "nless there is proof to
the contrary& and witho"t pre."dice to the provisions of
article 11,+. This pres"!ption does not apply in case
of earth0"ake& flood& stor!& or other nat"ral cala!ity.
(113'a)
Art. 12,,. The debtor in obliations to do shall also be
released when the prestation beco!es leally or
physically i!possible witho"t the fa"lt of the oblior.
(113*a)
Art. 12,/. 2hen the service has beco!e so diffic"lt
as to be !anifestly beyond the conte!plation of the
parties& the oblior !ay also be released therefro!& in
whole or in part. (n)
Art. 12,3. 2hen the debt of a thin certain and
deter!inate proceeds fro! a cri!inal offense& the
debtor shall not be e)e!pted fro! the pay!ent of its
price& whatever !ay be the ca"se for the loss& "nless
the thin havin been offered by hi! to the person
who sho"ld receive it& the latter ref"sed witho"t
."stification to accept it. (113+)
Art. 12,5. The obliation havin been e)tin"ished by
the loss of the thin& the creditor shall have all the
rihts of action which the debtor !ay have aainst
third persons by reason of the loss. (113,)

@:CT(#6 '. 1 Condonation or -e!ission of the Debt

Art. 12/7. Condonation or re!ission is essentially
rat"ito"s& and re0"ires the acceptance by the
oblior. (t !ay be !ade e)pressly or i!pliedly.
#ne and the other kind shall be s"b.ect to the r"les
which overn inofficio"s donations. :)press
condonation shall& f"rther!ore& co!ply with the for!s
of donation. (113/)
Art. 12/1. The delivery of a private doc"!ent
evidencin a credit& !ade vol"ntarily by the creditor to
the debtor& i!plies the ren"nciation of the action
which the for!er had aainst the latter.
(f in order to n"llify this waiver it sho"ld be clai!ed to
be inofficio"s& the debtor and his heirs !ay "phold it
by provin that the delivery of the doc"!ent was
!ade in virt"e of pay!ent of the debt. (1133)
Art. 12/2. 2henever the private doc"!ent in which
the debt appears is fo"nd in the possession of the
debtor& it shall be pres"!ed that the creditor delivered
it vol"ntarily& "nless the contrary is proved. (1135)
Art. 12/'. The ren"nciation of the principal debt shall
e)tin"ish the accessory obliations8 b"t the waiver of
the latter shall leave the for!er in force. (1157)
Art. 12/*. (t is pres"!ed that the accessory obliation
of plede has been re!itted when the thin pleded&
after its delivery to the creditor& is fo"nd in the
possession of the debtor& or of a third person who
owns the thin. (1151a)

@:CT(#6 *. 1 Conf"sion or =erer of -ihts

Art. 12/+. The obliation is e)tin"ished fro! the ti!e
the characters of creditor and debtor are !ered in
the sa!e person. (1152a)
Art. 12/,. =erer which takes place in the person of
the principal debtor or creditor benefits the
"arantors. Conf"sion which takes place in the
person of any of the latter does not e)tin"ish the
obliation. (115')
Art. 12//. Conf"sion does not e)tin"ish a .oint
obliation e)cept as reards the share correspondin
to the creditor or debtor in who! the two characters
conc"r. (115*)

@:CT(#6 +. 1 Co!pensation

Art. 12/3. Co!pensation shall take place when two
persons& in their own riht& are creditors and debtors
of each other. (115+)
Art. 12/5. (n order that co!pensation !ay be proper&
it is necessary<
(1) That each one of the obliors be bo"nd principally&
and that he be at the sa!e ti!e a principal creditor of
the other8
(2) That both debts consist in a s"! of !oney& or if
the thins d"e are cons"!able& they be of the sa!e
kind& and also of the sa!e 0"ality if the latter has
been stated8
(') That the two debts be d"e8
(*) That they be li0"idated and de!andable8
(+) That over neither of the! there be any retention or
controversy& co!!enced by third persons and
co!!"nicated in d"e ti!e to the debtor. (115,)
Art. 1237. 6otwithstandin the provisions of the
precedin article& the "arantor !ay set "p
co!pensation as reards what the creditor !ay owe
the principal debtor. (115/)
Art. 1231. Co!pensation !ay be total or partial.
2hen the two debts are of the sa!e a!o"nt& there is
a total co!pensation. (n)
Art. 1232. The parties !ay aree "pon the
co!pensation of debts which are not yet d"e. (n)
Art. 123'. (f one of the parties to a s"it over an
obliation has a clai! for da!aes aainst the other&
the for!er !ay set it off by provin his riht to said
da!aes and the a!o"nt thereof. (n)
Art. 123*. 2hen one or both debts are rescissible or
voidable& they !ay be co!pensated aainst each
other before they are ."dicially rescinded or avoided.
(n)
Art. 123+. The debtor who has consented to the
assin!ent of rihts !ade by a creditor in favor of a
third person& cannot set "p aainst the assinee the
co!pensation which wo"ld pertain to hi! aainst the
assinor& "nless the assinor was notified by the
debtor at the ti!e he ave his consent& that he
reserved his riht to the co!pensation.
(f the creditor co!!"nicated the cession to hi! b"t
the debtor did not consent thereto& the latter !ay set
"p the co!pensation of debts previo"s to the cession&
b"t not of s"bse0"ent ones.
(f the assin!ent is !ade witho"t the knowlede of
the debtor& he !ay set "p the co!pensation of all
credits prior to the sa!e and also later ones "ntil he
had knowlede of the assin!ent. (1153a)
Art. 123,. Co!pensation takes place by operation of
law& even tho"h the debts !ay be payable at
different places& b"t there shall be an inde!nity for
e)penses of e)chane or transportation to the place
of pay!ent. (1155a)
Art. 123/. Co!pensation shall not be proper when
one of the debts arises fro! a deposit"! or fro! the
obliations of a depositary or of a bailee in
co!!odat"!.
6either can co!pensation be set "p aainst a creditor
who has a clai! for s"pport d"e by rat"ito"s title&
witho"t pre."dice to the provisions of pararaph 2 of
Article '71. (1277a)
Art. 1233. 6either shall there be co!pensation if one
of the debts consists in civil liability arisin fro! a
penal offense. (n)
Art. 1235. (f a person sho"ld have aainst hi! several
debts which are s"sceptible of co!pensation& the
r"les on the application of pay!ents shall apply to the
order of the co!pensation. (1271)
Art. 1257. 2hen all the re0"isites !entioned in Article
12/5 are present& co!pensation takes effect by
operation of law& and e)tin"ishes both debts to the
conc"rrent a!o"nt& even tho"h the creditors and
debtors are not aware of the co!pensation. (1272a)

@:CT(#6 ,. 1 6ovation

Art. 1251. #bliations !ay be !odified by<
(1) Chanin their ob.ect or principal conditions8
(2) @"bstit"tin the person of the debtor8
(') @"broatin a third person in the rihts of the
creditor. (127')
Art. 1252. (n order that an obliation !ay be
e)tin"ished by another which s"bstit"te the sa!e& it
is i!perative that it be so declared in "ne0"ivocal
ter!s& or that the old and the new obliations be on
every point inco!patible with each other. (127*)
Art. 125'. 6ovation which consists in s"bstit"tin a
new debtor in the place of the oriinal one& !ay be
!ade even witho"t the knowlede or aainst the will
of the latter& b"t not witho"t the consent of the
creditor. Pay!ent by the new debtor ives hi! the
rihts !entioned in Articles 12', and 12'/. (127+a)
Art. 125*. (f the s"bstit"tion is witho"t the knowlede
or aainst the will of the debtor& the new debtor;s
insolvency or non1f"lfill!ent of the obliations shall
not ive rise to any liability on the part of the oriinal
debtor. (n)
Art. 125+. The insolvency of the new debtor& who has
been proposed by the oriinal debtor and accepted by
the creditor& shall not revive the action of the latter
aainst the oriinal oblior& e)cept when said
insolvency was already e)istin and of p"blic
knowlede& or known to the debtor& when the
deleated his debt. (127,a)
Art. 125,. 2hen the principal obliation is
e)tin"ished in conse0"ence of a novation& accessory
obliations !ay s"bsist only insofar as they !ay
benefit third persons who did not ive their consent.
(127/)
Art. 125/. (f the new obliation is void& the oriinal
one shall s"bsist& "nless the parties intended that the
for!er relation sho"ld be e)tin"ished in any event.
(n)
Art. 1253. The novation is void if the oriinal
obliation was void& e)cept when ann"l!ent !ay be
clai!ed only by the debtor or when ratification
validates acts which are voidable. (1273a)
Art. 1255. (f the oriinal obliation was s"b.ect to a
s"spensive or resol"tory condition& the new obliation
shall be "nder the sa!e condition& "nless it is
otherwise stip"lated. (n)
Art. 1'77. @"broation of a third person in the rihts
of the creditor is either leal or conventional. The
for!er is not pres"!ed& e)cept in cases e)pressly
!entioned in this Code8 the latter !"st be clearly
established in order that it !ay take effect. (1275a)
Art. 1'71. Conventional s"broation of a third person
re0"ires the consent of the oriinal parties and of the
third person. (n)
Art. 1'72. (t is pres"!ed that there is leal
s"broation<
(1) 2hen a creditor pays another creditor who is
preferred& even witho"t the debtor;s knowlede8
(2) 2hen a third person& not interested in the
obliation& pays with the e)press or tacit approval of
the debtor8
(') 2hen& even witho"t the knowlede of the debtor&
a person interested in the f"lfill!ent of the obliation
pays& witho"t pre."dice to the effects of conf"sion as
to the latter;s share. (1217a)
Art. 1'7'. @"broation transfers to the persons
s"broated the credit with all the rihts thereto
appertainin& either aainst the debtor or aainst third
person& be they "arantors or possessors of
!ortaes& s"b.ect to stip"lation in a conventional
s"broation. (1212a)
Art. 1'7*. A creditor& to who! partial pay!ent has
been !ade& !ay e)ercise his riht for the re!ainder&
and he shall be preferred to the person who has been
s"broated in his place in virt"e of the partial pay!ent
of the sa!e credit. (121')

Title ((. 1 C#6T-ACT@

C9APT:- 1
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Art. 1'7+. A contract is a !eetin of !inds between
two persons whereby one binds hi!self& with respect
to the other& to ive so!ethin or to render so!e
service. (12+*a)
Art. 1'7,. The contractin parties !ay establish s"ch
stip"lations& cla"ses& ter!s and conditions as they
!ay dee! convenient& provided they are not contrary
to law& !orals& ood c"sto!s& p"blic order& or p"blic
policy. (12++a)
Art. 1'7/. (nno!inate contracts shall be re"lated by
the stip"lations of the parties& by the provisions of
Titles ( and (( of this Book& by the r"les overnin the
!ost analoo"s no!inate contracts& and by the
c"sto!s of the place. (n)
Art. 1'73. The contract !"st bind both contractin
parties8 its validity or co!pliance cannot be left to the
will of one of the!. (12+,a)
Art. 1'75. The deter!ination of the perfor!ance !ay
be left to a third person& whose decision shall not be
bindin "ntil it has been !ade known to both
contractin parties. (n)
Art. 1'17. The deter!ination shall not be obliatory if
it is evidently ine0"itable. (n s"ch case& the co"rts
shall decide what is e0"itable "nder the
circ"!stances. (n)
Art. 1'11. Contracts take effect only between the
parties& their assins and heirs& e)cept in case where
the rihts and obliations arisin fro! the contract are
not trans!issible by their nat"re& or by stip"lation or
by provision of law. The heir is not liable beyond the
val"e of the property he received fro! the decedent.
(f a contract sho"ld contain so!e stip"lation in favor
of a third person& he !ay de!and its f"lfill!ent
provided he co!!"nicated his acceptance to the
oblior before its revocation. A !ere incidental benefit
or interest of a person is not s"fficient. The
contractin parties !"st have clearly and deliberately
conferred a favor "pon a third person. (12+/a)
Art. 1'12. (n contracts creatin real rihts& third
persons who co!e into possession of the ob.ect of
the contract are bo"nd thereby& s"b.ect to the
provisions of the =ortae Law and the Land
-eistration Laws. (n)
Art. 1'1'. Creditors are protected in cases of
contracts intended to defra"d the!. (n)
Art. 1'1*. Any third person who ind"ces another to
violate his contract shall be liable for da!aes to the
other contractin party. (n)
Art. 1'1+. Contracts are perfected by !ere consent&
and fro! that !o!ent the parties are bo"nd not only
to the f"lfill!ent of what has been e)pressly stip"lated
b"t also to all the conse0"ences which& accordin to
their nat"re& !ay be in keepin with ood faith& "sae
and law. (12+3)
Art. 1'1,. -eal contracts& s"ch as deposit& plede
and Co!!odat"!& are not perfected "ntil the delivery
of the ob.ect of the obliation. (n)
Art. 1'1/. 6o one !ay contract in the na!e of
another witho"t bein a"thori%ed by the latter& or
"nless he has by law a riht to represent hi!.
A contract entered into in the na!e of another by one
who has no a"thority or leal representation& or who
has acted beyond his powers& shall be "nenforceable&
"nless it is ratified& e)pressly or i!pliedly& by the
person on whose behalf it has been e)ec"ted& before
it is revoked by the other contractin party. (12+5a)

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Art. 1'13. There is no contract "nless the followin
re0"isites conc"r<
(1) Consent of the contractin parties8
(2) #b.ect certain which is the s"b.ect !atter of the
contract8
(') Ca"se of the obliation which is established.
(12,1)
@:CT(#6 1. 1 Consent

Art. 1'15. Consent is !anifested by the !eetin of
the offer and the acceptance "pon the thin and the
ca"se which are to constit"te the contract. The offer
!"st be certain and the acceptance absol"te. A
0"alified acceptance constit"tes a co"nter1offer.
Acceptance !ade by letter or telera! does not bind
the offerer e)cept fro! the ti!e it ca!e to his
knowlede. The contract& in s"ch a case& is pres"!ed
to have been entered into in the place where the offer
was !ade. (12,2a)
Art. 1'27. An acceptance !ay be e)press or i!plied.
(n)
Art. 1'21. The person !akin the offer !ay fi) the
ti!e& place& and !anner of acceptance& all of which
!"st be co!plied with. (n)
Art. 1'22. An offer !ade thro"h an aent is
accepted fro! the ti!e acceptance is co!!"nicated
to hi!. (n)
Art. 1'2'. An offer beco!es ineffective "pon the
death& civil interdiction& insanity& or insolvency of
either party before acceptance is conveyed. (n)
Art. 1'2*. 2hen the offerer has allowed the offeree a
certain period to accept& the offer !ay be withdrawn
at any ti!e before acceptance by co!!"nicatin
s"ch withdrawal& e)cept when the option is fo"nded
"pon a consideration& as so!ethin paid or pro!ised.
(n)
Art. 1'2+. ?nless it appears otherwise& b"siness
advertise!ents of thins for sale are not definite
offers& b"t !ere invitations to !ake an offer. (n)
Art. 1'2,. Advertise!ents for bidders are si!ply
invitations to !ake proposals& and the advertiser is
not bo"nd to accept the hihest or lowest bidder&
"nless the contrary appears. (n)
Art. 1'2/. The followin cannot ive consent to a
contract<
(1) ?ne!ancipated !inors8
(2) (nsane or de!ented persons& and deaf1!"tes who
do not know how to write. (12,'a)
Art. 1'23. Contracts entered into d"rin a l"cid
interval are valid. Contracts areed to in a state of
dr"nkenness or d"rin a hypnotic spell are voidable.
(n)
Art. 1'25. The incapacity declared in Article 1'2/ is
s"b.ect to the !odifications deter!ined by law& and is
"nderstood to be witho"t pre."dice to special
dis0"alifications established in the laws. (12,*)
Art. 1''7. A contract where consent is iven thro"h
!istake& violence& inti!idation& "nd"e infl"ence& or
fra"d is voidable. (12,+a)
Art. 1''1. (n order that !istake !ay invalidate
consent& it sho"ld refer to the s"bstance of the thin
which is the ob.ect of the contract& or to those
conditions which have principally !oved one or both
parties to enter into the contract.
=istake as to the identity or 0"alifications of one of
the parties will vitiate consent only when s"ch identity
or 0"alifications have been the principal ca"se of the
contract.
A si!ple !istake of acco"nt shall ive rise to its
correction. (12,,a)
Art. 1''2. 2hen one of the parties is "nable to read&
or if the contract is in a lan"ae not "nderstood by
hi!& and !istake or fra"d is alleed& the person
enforcin the contract !"st show that the ter!s
thereof have been f"lly e)plained to the for!er. (n)
Art. 1'''. There is no !istake if the party allein it
knew the do"bt& continency or risk affectin the
ob.ect of the contract. (n)
Art. 1''*. ="t"al error as to the leal effect of an
aree!ent when the real p"rpose of the parties is
fr"strated& !ay vitiate consent. (n)
Art. 1''+. There is violence when in order to wrest
consent& serio"s or irresistible force is e!ployed.
There is inti!idation when one of the contractin
parties is co!pelled by a reasonable and well1
ro"nded fear of an i!!inent and rave evil "pon his
person or property& or "pon the person or property of
his spo"se& descendants or ascendants& to ive his
consent.
To deter!ine the deree of inti!idation& the ae& se)
and condition of the person shall be borne in !ind.
A threat to enforce one;s clai! thro"h co!petent
a"thority& if the clai! is ."st or leal& does not vitiate
consent. (12,/a)
Art. 1'',. >iolence or inti!idation shall ann"l the
obliation& altho"h it !ay have been e!ployed by a
third person who did not take part in the contract.
(12,3)
Art. 1''/. There is "nd"e infl"ence when a person
takes i!proper advantae of his power over the will of
another& deprivin the latter of a reasonable freedo!
of choice. The followin circ"!stances shall be
considered< the confidential& fa!ily& spirit"al and other
relations between the parties& or the fact that the
person alleed to have been "nd"ly infl"enced was
s"fferin fro! !ental weakness& or was inorant or in
financial distress. (n)
Art. 1''3. There is fra"d when& thro"h insidio"s
words or !achinations of one of the contractin
parties& the other is ind"ced to enter into a contract
which& witho"t the!& he wo"ld not have areed to.
(12,5)
Art. 1''5. Aail"re to disclose facts& when there is a
d"ty to reveal the!& as when the parties are bo"nd by
confidential relations& constit"tes fra"d. (n)
Art. 1'*7. The "s"al e)aerations in trade& when the
other party had an opport"nity to know the facts& are
not in the!selves fra"d"lent. (n)
Art. 1'*1. A !ere e)pression of an opinion does not
sinify fra"d& "nless !ade by an e)pert and the other
party has relied on the for!er;s special knowlede. (n)
Art. 1'*2. =isrepresentation by a third person does
not vitiate consent& "nless s"ch !isrepresentation
has created s"bstantial !istake and the sa!e is
!"t"al. (n)
Art. 1'*'. =isrepresentation !ade in ood faith is not
fra"d"lent b"t !ay constit"te error. (n)
Art. 1'**. (n order that fra"d !ay !ake a contract
voidable& it sho"ld be serio"s and sho"ld not have
been e!ployed by both contractin parties.
(ncidental fra"d only oblies the person e!ployin it
to pay da!aes. (12/7)
Art. 1'*+. @i!"lation of a contract !ay be absol"te or
relative. The for!er takes place when the parties do
not intend to be bo"nd at all8 the latter& when the
parties conceal their tr"e aree!ent. (n)
Art. 1'*,. An absol"tely si!"lated or fictitio"s
contract is void. A relative si!"lation& when it does
not pre."dice a third person and is not intended for
any p"rpose contrary to law& !orals& ood c"sto!s&
p"blic order or p"blic policy binds the parties to their
real aree!ent. (n)

@:CT(#6 2. 1 #b.ect of Contracts

Art. 1'*/. All thins which are not o"tside the
co!!erce of !en& incl"din f"t"re thins& !ay be the
ob.ect of a contract. All rihts which are not
intrans!issible !ay also be the ob.ect of contracts.
6o contract !ay be entered into "pon f"t"re
inheritance e)cept in cases e)pressly a"thori%ed by
law.
All services which are not contrary to law& !orals&
ood c"sto!s& p"blic order or p"blic policy !ay
likewise be the ob.ect of a contract. (12/1a)
Art. 1'*3. (!possible thins or services cannot be the
ob.ect of contracts. (12/2)
Art. 1'*5. The ob.ect of every contract !"st be
deter!inate as to its kind. The fact that the 0"antity is
not deter!inate shall not be an obstacle to the
e)istence of the contract& provided it is possible to
deter!ine the sa!e& witho"t the need of a new
contract between the parties. (12/')

@:CT(#6 '. 1 Ca"se of Contracts

Art. 1'+7. (n onero"s contracts the ca"se is
"nderstood to be& for each contractin party& the
prestation or pro!ise of a thin or service by the
other8 in re!"neratory ones& the service or benefit
which is re!"nerated8 and in contracts of p"re
beneficence& the !ere liberality of the benefactor.
(12/*)
Art. 1'+1. The partic"lar !otives of the parties in
enterin into a contract are different fro! the ca"se
thereof. (n)
Art. 1'+2. Contracts witho"t ca"se& or with "nlawf"l
ca"se& prod"ce no effect whatever. The ca"se is
"nlawf"l if it is contrary to law& !orals& ood c"sto!s&
p"blic order or p"blic policy. (12/+a)
Art. 1'+'. The state!ent of a false ca"se in contracts
shall render the! void& if it sho"ld not be proved that
they were fo"nded "pon another ca"se which is tr"e
and lawf"l. (12/,)
Art. 1'+*. Altho"h the ca"se is not stated in the
contract& it is pres"!ed that it e)ists and is lawf"l&
"nless the debtor proves the contrary. (12//)
Art. 1'++. :)cept in cases specified by law& lesion or
inade0"acy of ca"se shall not invalidate a contract&
"nless there has been fra"d& !istake or "nd"e
infl"ence. (n)

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Art. 1'+,. Contracts shall be obliatory& in whatever
for! they !ay have been entered into& provided all
the essential re0"isites for their validity are present.
9owever& when the law re0"ires that a contract be in
so!e for! in order that it !ay be valid or enforceable&
or that a contract be proved in a certain way& that
re0"ire!ent is absol"te and indispensable. (n s"ch
cases& the riht of the parties stated in the followin
article cannot be e)ercised. (12/3a)
Art. 1'+/. (f the law re0"ires a doc"!ent or other
special for!& as in the acts and contracts en"!erated
in the followin article& the contractin parties !ay
co!pel each other to observe that for!& once the
contract has been perfected. This riht !ay be
e)ercised si!"ltaneo"sly with the action "pon the
contract. (12/5a)
Art. 1'+3. The followin !"st appear in a p"blic
doc"!ent<
(1) Acts and contracts which have for their ob.ect the
creation& trans!ission& !odification or e)tin"ish!ent
of real rihts over i!!ovable property8 sales of real
property or of an interest therein a overned by
Articles 1*7'& 6o. 2& and 1*7+8
(2) The cession& rep"diation or ren"nciation of
hereditary rihts or of those of the con."al
partnership of ains8
(') The power to ad!inister property& or any other
power which has for its ob.ect an act appearin or
which sho"ld appear in a p"blic doc"!ent& or sho"ld
pre."dice a third person8
(*) The cession of actions or rihts proceedin fro!
an act appearin in a p"blic doc"!ent.
All other contracts where the a!o"nt involved
e)ceeds five h"ndred pesos !"st appear in writin&
even a private one. B"t sales of oods& chattels or
thins in action are overned by Articles& 1*7'& 6o. 2
and 1*7+. (1237a)

C9APT:- *
-:A#-=AT(#6 #A (6@T-?=:6T@ (n)

Art. 1'+5. 2hen& there havin been a !eetin of the
!inds of the parties to a contract& their tr"e intention
is not e)pressed in the instr"!ent p"rportin to
e!body the aree!ent& by reason of !istake& fra"d&
ine0"itable cond"ct or accident& one of the parties
!ay ask for the refor!ation of the instr"!ent to the
end that s"ch tr"e intention !ay be e)pressed.
(f !istake& fra"d& ine0"itable cond"ct& or accident has
prevented a !eetin of the !inds of the parties& the
proper re!edy is not refor!ation of the instr"!ent b"t
ann"l!ent of the contract.
Art. 1',7. The principles of the eneral law on the
refor!ation of instr"!ents are hereby adopted insofar
as they are not in conflict with the provisions of this
Code.
Art. 1',1. 2hen a !"t"al !istake of the parties
ca"ses the fail"re of the instr"!ent to disclose their
real aree!ent& said instr"!ent !ay be refor!ed.
Art. 1',2. (f one party was !istaken and the other
acted fra"d"lently or ine0"itably in s"ch a way that
the instr"!ent does not show their tr"e intention& the
for!er !ay ask for the refor!ation of the instr"!ent.
Art. 1','. 2hen one party was !istaken and the
other knew or believed that the instr"!ent did not
state their real aree!ent& b"t concealed that fact
fro! the for!er& the instr"!ent !ay be refor!ed.
Art. 1',*. 2hen thro"h the inorance& lack of skill&
nelience or bad faith on the part of the person
draftin the instr"!ent or of the clerk or typist& the
instr"!ent does not e)press the tr"e intention of the
parties& the co"rts !ay order that the instr"!ent be
refor!ed.
Art. 1',+. (f two parties aree "pon the !ortae or
plede of real or personal property& b"t the instr"!ent
states that the property is sold absol"tely or with a
riht of rep"rchase& refor!ation of the instr"!ent is
proper.
Art. 1',,. There shall be no refor!ation in the
followin cases<
(1) @i!ple donations inter vivos wherein no condition
is i!posed8
(2) 2ills8
(') 2hen the real aree!ent is void.
Art. 1',/. 2hen one of the parties has bro"ht an
action to enforce the instr"!ent& he cannot
s"bse0"ently ask for its refor!ation.
Art. 1',3. -efor!ation !ay be ordered at the
instance of either party or his s"ccessors in interest& if
the !istake was !"t"al8 otherwise& "pon petition of
the in."red party& or his heirs and assins.
Art. 1',5. The proced"re for the refor!ation of
instr"!ent shall be overned by r"les of co"rt to be
pro!"lated by the @"pre!e Co"rt.

C9APT:- +
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Art. 1'/7. (f the ter!s of a contract are clear and
leave no do"bt "pon the intention of the contractin
parties& the literal !eanin of its stip"lations shall
control.
(f the words appear to be contrary to the evident
intention of the parties& the latter shall prevail over the
for!er. (1231)
Art. 1'/1. (n order to ."de the intention of the
contractin parties& their conte!poraneo"s and
s"bse0"ent acts shall be principally considered.
(1232)
Art. 1'/2. 9owever eneral the ter!s of a contract
!ay be& they shall not be "nderstood to co!prehend
thins that are distinct and cases that are different
fro! those "pon which the parties intended to aree.
(123')
Art. 1'/'. (f so!e stip"lation of any contract sho"ld
ad!it of several !eanins& it shall be "nderstood as
bearin that i!port which is !ost ade0"ate to render
it effect"al. (123*)
Art. 1'/*. The vario"s stip"lations of a contract shall
be interpreted toether& attrib"tin to the do"btf"l
ones that sense which !ay res"lt fro! all of the!
taken .ointly. (123+)
Art. 1'/+. 2ords which !ay have different
sinifications shall be "nderstood in that which is
!ost in keepin with the nat"re and ob.ect of the
contract. (123,)
Art. 1'/,. The "sae or c"sto! of the place shall be
borne in !ind in the interpretation of the a!bi"ities
of a contract& and shall fill the o!ission of stip"lations
which are ordinarily established. (123/)
Art. 1'//. The interpretation of obsc"re words or
stip"lations in a contract shall not favor the party who
ca"sed the obsc"rity. (1233)
Art. 1'/3. 2hen it is absol"tely i!possible to settle
do"bts by the r"les established in the precedin
articles& and the do"bts refer to incidental
circ"!stances of a rat"ito"s contract& the least
trans!ission of rihts and interests shall prevail. (f the
contract is onero"s& the do"bt shall be settled in favor
of the reatest reciprocity of interests.
(f the do"bts are cast "pon the principal ob.ect of the
contract in s"ch a way that it cannot be known what
!ay have been the intention or will of the parties& the
contract shall be n"ll and void. (1235)
Art. 1'/5. The principles of interpretation stated in
-"le 12' of the -"les of Co"rt shall likewise be
observed in the constr"ction of contracts. (n)

C9APT:- ,
-:@C(@@(BL: C#6T-ACT@

Art. 1'37. Contracts validly areed "pon !ay be
rescinded in the cases established by law. (1257)
Art. 1'31. The followin contracts are rescissible<
(1) Those which are entered into by "ardians
whenever the wards who! they represent s"ffer
lesion by !ore than one1fo"rth of the val"e of the
thins which are the ob.ect thereof8
(2) Those areed "pon in representation of
absentees& if the latter s"ffer the lesion stated in the
precedin n"!ber8
(') Those "ndertaken in fra"d of creditors when the
latter cannot in any other !anner collect the clai!s
d"e the!8
(*) Those which refer to thins "nder litiation if they
have been entered into by the defendant witho"t the
knowlede and approval of the litiants or of
co!petent ."dicial a"thority8
(+) All other contracts specially declared by law to be
s"b.ect to rescission. (1251a)
Art. 1'32. Pay!ents !ade in a state of insolvency for
obliations to whose f"lfill!ent the debtor co"ld not
be co!pelled at the ti!e they were effected& are also
rescissible. (1252)
Art. 1'3'. The action for rescission is s"bsidiary8 it
cannot be instit"ted e)cept when the party s"fferin
da!ae has no other leal !eans to obtain
reparation for the sa!e. (125*)
Art. 1'3*. -escission shall be only to the e)tent
necessary to cover the da!aes ca"sed. (n)
Art. 1'3+. -escission creates the obliation to ret"rn
the thins which were the ob.ect of the contract&
toether with their fr"its& and the price with its interest8
conse0"ently& it can be carried o"t only when he who
de!ands rescission can ret"rn whatever he !ay be
oblied to restore.
6either shall rescission take place when the thins
which are the ob.ect of the contract are leally in the
possession of third persons who did not act in bad
faith.
(n this case& inde!nity for da!aes !ay be
de!anded fro! the person ca"sin the loss. (125+)
Art. 1'3,. -escission referred to in 6os. 1 and 2 of
Article 1'31 shall not take place with respect to
contracts approved by the co"rts. (125,a)
Art. 1'3/. All contracts by virt"e of which the debtor
alienates property by rat"ito"s title are pres"!ed to
have been entered into in fra"d of creditors& when the
donor did not reserve s"fficient property to pay all
debts contracted before the donation.
Alienations by onero"s title are also pres"!ed
fra"d"lent when !ade by persons aainst who!
so!e ."d!ent has been iss"ed. The decision or
attach!ent need not refer to the property alienated&
and need not have been obtained by the party
seekin the rescission.
(n addition to these pres"!ptions& the desin to
defra"d creditors !ay be proved in any other !anner
reconi%ed by the law of evidence. (125/a)
Art. 1'33. 2hoever ac0"ires in bad faith the thins
alienated in fra"d of creditors& shall inde!nify the
latter for da!aes s"ffered by the! on acco"nt of the
alienation& whenever& d"e to any ca"se& it sho"ld be
i!possible for hi! to ret"rn the!.
(f there are two or !ore alienations& the first ac0"irer
shall be liable first& and so on s"ccessively. (1253a)
Art. 1'35. The action to clai! rescission !"st be
co!!enced within fo"r years.
Aor persons "nder "ardianship and for absentees&
the period of fo"r years shall not bein "ntil the
ter!ination of the for!er;s incapacity& or "ntil the
do!icile of the latter is known. (1255)

C9APT:- /
>#(DABL: C#6T-ACT@

Art. 1'57. The followin contracts are voidable or
ann"llable& even tho"h there !ay have been no
da!ae to the contractin parties<
(1) Those where one of the parties is incapable of
ivin consent to a contract8
(2) Those where the consent is vitiated by !istake&
violence& inti!idation& "nd"e infl"ence or fra"d.
These contracts are bindin& "nless they are ann"lled
by a proper action in co"rt. They are s"sceptible of
ratification. (n)
Art. 1'51. The action for ann"l!ent shall be bro"ht
within fo"r years.
This period shall bein<
(n cases of inti!idation& violence or "nd"e infl"ence&
fro! the ti!e the defect of the consent ceases.
(n case of !istake or fra"d& fro! the ti!e of the
discovery of the sa!e.
And when the action refers to contracts entered into
by !inors or other incapacitated persons& fro! the
ti!e the "ardianship ceases. (1'71a)
Art. 1'52. -atification e)tin"ishes the action to ann"l
a voidable contract. (1'75a)
Art. 1'5'. -atification !ay be effected e)pressly or
tacitly. (t is "nderstood that there is a tacit ratification
if& with knowlede of the reason which renders the
contract voidable and s"ch reason havin ceased& the
person who has a riht to invoke it sho"ld e)ec"te an
act which necessarily i!plies an intention to waive his
riht. (1'11a)
Art. 1'5*. -atification !ay be effected by the
"ardian of the incapacitated person. (n)
Art. 1'5+. -atification does not re0"ire the confor!ity
of the contractin party who has no riht to brin the
action for ann"l!ent. (1'12)
Art. 1'5,. -atification cleanses the contract fro! all
its defects fro! the !o!ent it was constit"ted. (1'1')
Art. 1'5/. The action for the ann"l!ent of contracts
!ay be instit"ted by all who are thereby oblied
principally or s"bsidiarily. 9owever& persons who are
capable cannot allee the incapacity of those with
who! they contracted8 nor can those who e)erted
inti!idation& violence& or "nd"e infl"ence& or
e!ployed fra"d& or ca"sed !istake base their action
"pon these flaws of the contract. (1'72a)
Art. 1'53. An obliation havin been ann"lled& the
contractin parties shall restore to each other the
thins which have been the s"b.ect !atter of the
contract& with their fr"its& and the price with its
interest& e)cept in cases provided by law.
(n obliations to render service& the val"e thereof shall
be the basis for da!aes. (1'7'a)
Art. 1'55. 2hen the defect of the contract consists in
the incapacity of one of the parties& the incapacitated
person is not oblied to !ake any restit"tion e)cept
insofar as he has been benefited by the thin or price
received by hi!. (1'7*)
Art. 1*77. 2henever the person oblied by the
decree of ann"l!ent to ret"rn the thin can not do so
beca"se it has been lost thro"h his fa"lt& he shall
ret"rn the fr"its received and the val"e of the thin at
the ti!e of the loss& with interest fro! the sa!e date.
(1'7/a)
Art. 1*71. The action for ann"l!ent of contracts shall
be e)tin"ished when the thin which is the ob.ect
thereof is lost thro"h the fra"d or fa"lt of the person
who has a riht to instit"te the proceedins.
(f the riht of action is based "pon the incapacity of
any one of the contractin parties& the loss of the
thin shall not be an obstacle to the s"ccess of the
action& "nless said loss took place thro"h the fra"d
or fa"lt of the plaintiff. (1'1*a)
Art. 1*72. As lon as one of the contractin parties
does not restore what in virt"e of the decree of
ann"l!ent he is bo"nd to ret"rn& the other cannot be
co!pelled to co!ply with what is inc"!bent "pon
hi!. (1'73)

C9APT:- 3
?6:6A#-C:ABL: C#6T-ACT@ (n)

Art. 1*7'. The followin contracts are "nenforceable&
"nless they are ratified<
(1) Those entered into in the na!e of another person
by one who has been iven no a"thority or leal
representation& or who has acted beyond his powers8
(2) Those that do not co!ply with the @tat"te of
Ara"ds as set forth in this n"!ber. (n the followin
cases an aree!ent hereafter !ade shall be
"nenforceable by action& "nless the sa!e& or so!e
note or !e!orand"!& thereof& be in writin& and
s"bscribed by the party chared& or by his aent8
evidence& therefore& of the aree!ent cannot be
received witho"t the writin& or a secondary evidence
of its contents<
(a) An aree!ent that by its ter!s is not to be
perfor!ed within a year fro! the !akin thereof8
(b) A special pro!ise to answer for the debt& defa"lt&
or !iscarriae of another8
(c) An aree!ent !ade in consideration of !arriae&
other than a !"t"al pro!ise to !arry8
(d) An aree!ent for the sale of oods& chattels or
thins in action& at a price not less than five h"ndred
pesos& "nless the b"yer accept and receive part of
s"ch oods and chattels& or the evidences& or so!e of
the!& of s"ch thins in action or pay at the ti!e so!e
part of the p"rchase !oney8 b"t when a sale is !ade
by a"ction and entry is !ade by the a"ctioneer in his
sales book& at the ti!e of the sale& of the a!o"nt and
kind of property sold& ter!s of sale& price& na!es of
the p"rchasers and person on whose acco"nt the
sale is !ade& it is a s"fficient !e!orand"!8
(e) An aree!ent of the leasin for a loner period
than one year& or for the sale of real property or of an
interest therein8
(f) A representation as to the credit of a third person.
(') Those where both parties are incapable of ivin
consent to a contract.
Art. 1*7*. ?na"thori%ed contracts are overned by
Article 1'1/ and the principles of aency in Title G of
this Book.
Art. 1*7+. Contracts infrinin the @tat"te of Ara"ds&
referred to in 6o. 2 of Article 1*7'& are ratified by the
fail"re to ob.ect to the presentation of oral evidence to
prove the sa!e& or by the acceptance of benefit "nder
the!.
Art. 1*7,. 2hen a contract is enforceable "nder the
@tat"te of Ara"ds& and a p"blic doc"!ent is
necessary for its reistration in the -eistry of Deeds&
the parties !ay avail the!selves of the riht "nder
Article 1'+/.
Art. 1*7/. (n a contract where both parties are
incapable of ivin consent& e)press or i!plied
ratification by the parent& or "ardian& as the case
!ay be& of one of the contractin parties shall ive the
contract the sa!e effect as if only one of the! were
incapacitated.
(f ratification is !ade by the parents or "ardians& as
the case !ay be& of both contractin parties& the
contract shall be validated fro! the inception.
Art. 1*73. ?nenforceable contracts cannot be
assailed by third persons.

C9APT:- 5
>#(D A6D (6:G(@T:6T C#6T-ACT@

Art. 1*75. The followin contracts are ine)istent and
void fro! the beinnin<
(1) Those whose ca"se& ob.ect or p"rpose is contrary
to law& !orals& ood c"sto!s& p"blic order or p"blic
policy8
(2) Those which are absol"tely si!"lated or fictitio"s8
(') Those whose ca"se or ob.ect did not e)ist at the
ti!e of the transaction8
(*) Those whose ob.ect is o"tside the co!!erce of
!en8
(+) Those which conte!plate an i!possible service8
(,) Those where the intention of the parties relative to
the principal ob.ect of the contract cannot be
ascertained8
(/) Those e)pressly prohibited or declared void by
law.
These contracts cannot be ratified. 6either can the
riht to set "p the defense of illeality be waived.
Art. 1*17. The action or defense for the declaration of
the ine)istence of a contract does not prescribe.
Art. 1*11. 2hen the n"llity proceeds fro! the illeality
of the ca"se or ob.ect of the contract& and the act
constit"tes a cri!inal offense& both parties bein in
pari delicto& they shall have no action aainst each
other& and both shall be prosec"ted. =oreover& the
provisions of the Penal Code relative to the disposal
of effects or instr"!ents of a cri!e shall be applicable
to the thins or the price of the contract.
This r"le shall be applicable when only one of the
parties is "ilty8 b"t the innocent one !ay clai! what
he has iven& and shall not be bo"nd to co!ply with
his pro!ise. (1'7+)
Art. 1*12. (f the act in which the "nlawf"l or forbidden
ca"se consists does not constit"te a cri!inal offense&
the followin r"les shall be observed<
(1) 2hen the fa"lt is on the part of both contractin
parties& neither !ay recover what he has iven by
virt"e of the contract& or de!and the perfor!ance of
the other;s "ndertakin8
(2) 2hen only one of the contractin parties is at fa"lt&
he cannot recover what he has iven by reason of the
contract& or ask for the f"lfill!ent of what has been
pro!ised hi!. The other& who is not at fa"lt& !ay
de!and the ret"rn of what he has iven witho"t any
obliation to co!ply his pro!ise. (1'7,)
Art. 1*1'. (nterest paid in e)cess of the interest
allowed by the "s"ry laws !ay be recovered by the
debtor& with interest thereon fro! the date of the
pay!ent.
Art. 1*1*. 2hen !oney is paid or property delivered
for an illeal p"rpose& the contract !ay be rep"diated
by one of the parties before the p"rpose has been
acco!plished& or before any da!ae has been
ca"sed to a third person. (n s"ch case& the co"rts
!ay& if the p"blic interest will th"s be s"bserved&
allow the party rep"diatin the contract to recover the
!oney or property.
Art. 1*1+. 2here one of the parties to an illeal
contract is incapable of ivin consent& the co"rts
!ay& if the interest of ."stice so de!ands allow
recovery of !oney or property delivered by the
incapacitated person.
Art. 1*1,. 2hen the aree!ent is not illeal per se
b"t is !erely prohibited& and the prohibition by the law
is desinated for the protection of the plaintiff& he
!ay& if p"blic policy is thereby enhanced& recover
what he has paid or delivered.
Art. 1*1/. 2hen the price of any article or co!!odity
is deter!ined by stat"te& or by a"thority of law& any
person payin any a!o"nt in e)cess of the !a)i!"!
price allowed !ay recover s"ch e)cess.
Art. 1*13. 2hen the law fi)es& or a"thori%es the fi)in
of the !a)i!"! n"!ber of ho"rs of labor& and a
contract is entered into whereby a laborer "ndertakes
to work loner than the !a)i!"! th"s fi)ed& he !ay
de!and additional co!pensation for service rendered
beyond the ti!e li!it.
Art. 1*15. 2hen the law sets& or a"thori%es the
settin of a !ini!"! wae for laborers& and a
contract is areed "pon by which a laborer accepts a
lower wae& he shall be entitled to recover the
deficiency.
Art. 1*27. (n case of a divisible contract& if the illeal
ter!s can be separated fro! the leal ones& the latter
!ay be enforced.
Art. 1*21. The defense of illeality of contract is not
available to third persons whose interests are not
directly affected.
Art. 1*22. A contract which is the direct res"lt of a
previo"s illeal contract& is also void and ine)istent.

Title (((. 1 6AT?-AL #BL($AT(#6@

Art. 1*2'. #bliations are civil or nat"ral. Civil
obliations ive a riht of action to co!pel their
perfor!ance. 6at"ral obliations& not bein based on
positive law b"t on e0"ity and nat"ral law& do not
rant a riht of action to enforce their perfor!ance&
b"t after vol"ntary f"lfill!ent by the oblior& they
a"thori%e the retention of what has been delivered or
rendered by reason thereof. @o!e nat"ral obliations
are set forth in the followin articles.
Art. 1*2*. 2hen a riht to s"e "pon a civil obliation
has lapsed by e)tinctive prescription& the oblior who
vol"ntarily perfor!s the contract cannot recover what
he has delivered or the val"e of the service he has
rendered.
Art. 1*2+. 2hen witho"t the knowlede or aainst the
will of the debtor& a third person pays a debt which the
oblior is not leally bo"nd to pay beca"se the action
thereon has prescribed& b"t the debtor later vol"ntarily
rei!b"rses the third person& the oblior cannot
recover what he has paid.
Art. 1*2,. 2hen a !inor between eihteen and
twenty1one years of ae who has entered into a
contract witho"t the consent of the parent or "ardian&
after the ann"l!ent of the contract vol"ntarily ret"rns
the whole thin or price received& notwithstandin the
fact the he has not been benefited thereby& there is no
riht to de!and the thin or price th"s ret"rned.
Art. 1*2/. 2hen a !inor between eihteen and
twenty1one years of ae& who has entered into a
contract witho"t the consent of the parent or "ardian&
vol"ntarily pays a s"! of !oney or delivers a f"nible
thin in f"lfill!ent of the obliation& there shall be no
riht to recover the sa!e fro! the obliee who has
spent or cons"!ed it in ood faith. (11,7A)
Art. 1*23. 2hen& after an action to enforce a civil
obliation has failed the defendant vol"ntarily
perfor!s the obliation& he cannot de!and the ret"rn
of what he has delivered or the pay!ent of the val"e
of the service he has rendered.
Art. 1*25. 2hen a testate or intestate heir vol"ntarily
pays a debt of the decedent e)ceedin the val"e of
the property which he received by will or by the law of
intestacy fro! the estate of the deceased& the
pay!ent is valid and cannot be rescinded by the
payer.
Art. 1*'7. 2hen a will is declared void beca"se it has
not been e)ec"ted in accordance with the for!alities
re0"ired by law& b"t one of the intestate heirs& after
the settle!ent of the debts of the deceased& pays a
leacy in co!pliance with a cla"se in the defective
will& the pay!ent is effective and irrevocable.

Title (>. 1 :@T#PP:L (n)

Art. 1*'1. Thro"h estoppel an ad!ission or
representation is rendered concl"sive "pon the
person !akin it& and cannot be denied or disproved
as aainst the person relyin thereon.
Art. 1*'2. The principles of estoppel are hereby
adopted insofar as they are not in conflict with the
provisions of this Code& the Code of Co!!erce& the
-"les of Co"rt and special laws.
Art. 1*''. :stoppel !ay be in pais or by deed.
Art. 1*'*. 2hen a person who is not the owner of a
thin sells or alienates and delivers it& and later the
seller or rantor ac0"ires title thereto& s"ch title
passes by operation of law to the b"yer or rantee.
Art. 1*'+. (f a person in representation of another
sells or alienates a thin& the for!er cannot
s"bse0"ently set "p his own title as aainst the b"yer
or rantee.
Art. 1*',. A lessee or a bailee is estopped fro!
assertin title to the thin leased or received& as
aainst the lessor or bailor.
Art. 1*'/. 2hen in a contract between third persons
concernin i!!ovable property& one of the! is !isled
by a person with respect to the ownership or real riht
over the real estate& the latter is precl"ded fro!
assertin his leal title or interest therein& provided all
these re0"isites are present<
(1) There !"st be fra"d"lent representation or
wronf"l conceal!ent of facts known to the party
estopped8
(2) The party precl"ded !"st intend that the other
sho"ld act "pon the facts as !isrepresented8
(') The party !isled !"st have been "naware of the
tr"e facts8 and
(*) The party defra"ded !"st have acted in
accordance with the !isrepresentation.
Art. 1*'3. #ne who has allowed another to ass"!e
apparent ownership of personal property for the
p"rpose of !akin any transfer of it& cannot& if he
received the s"! for which a plede has been
constit"ted& set "p his own title to defeat the plede of
the property& !ade by the other to a pledee who
received the sa!e in ood faith and for val"e.
Art. 1*'5. :stoppel is effective only as between the
parties thereto or their s"ccessors in interest.
Title >. 1 T-?@T@ (n)

C9APT:- 1
$:6:-AL P-#>(@(#6@

Art. 1**7. A person who establishes a tr"st is called
the tr"stor8 one in who! confidence is reposed as
reards property for the benefit of another person is
known as the tr"stee8 and the person for whose
benefit the tr"st has been created is referred to as the
beneficiary.
Art. 1**1. Tr"sts are either e)press or i!plied.
:)press tr"sts are created by the intention of the
tr"stor or of the parties. (!plied tr"sts co!e into bein
by operation of law.
Art. 1**2. The principles of the eneral law of tr"sts&
insofar as they are not in conflict with this Code& the
Code of Co!!erce& the -"les of Co"rt and special
laws are hereby adopted.

C9APT:- 2
:GP-:@@ T-?@T@

Art. 1**'. 6o e)press tr"sts concernin an
i!!ovable or any interest therein !ay be proved by
parol evidence.
Art. 1***. 6o partic"lar words are re0"ired for the
creation of an e)press tr"st& it bein s"fficient that a
tr"st is clearly intended.
Art. 1**+. 6o tr"st shall fail beca"se the tr"stee
appointed declines the desination& "nless the
contrary sho"ld appear in the instr"!ent constit"tin
the tr"st.
Art. 1**,. Acceptance by the beneficiary is
necessary. 6evertheless& if the tr"st i!poses no
onero"s condition "pon the beneficiary& his
acceptance shall be pres"!ed& if there is no proof to
the contrary.

C9APT:- '
(=PL(:D T-?@T@

Art. 1**/. The en"!eration of the followin cases of
i!plied tr"st does not e)cl"de others established by
the eneral law of tr"st& b"t the li!itation laid down in
Article 1**2 shall be applicable.
Art. 1**3. There is an i!plied tr"st when property is
sold& and the leal estate is ranted to one party b"t
the price is paid by another for the p"rpose of havin
the beneficial interest of the property. The for!er is
the tr"stee& while the latter is the beneficiary.
9owever& if the person to who! the title is conveyed
is a child& leiti!ate or illeiti!ate& of the one payin
the price of the sale& no tr"st is i!plied by law& it bein
disp"tably pres"!ed that there is a ift in favor of the
child.
Art. 1**5. There is also an i!plied tr"st when a
donation is !ade to a person b"t it appears that
altho"h the leal estate is trans!itted to the donee&
he nevertheless is either to have no beneficial interest
or only a part thereof.
Art. 1*+7. (f the price of a sale of property is loaned or
paid by one person for the benefit of another and the
conveyance is !ade to the lender or payor to sec"re
the pay!ent of the debt& a tr"st arises by operation of
law in favor of the person to who! the !oney is
loaned or for who! its is paid. The latter !ay redee!
the property and co!pel a conveyance thereof to hi!.
Art. 1*+1. 2hen land passes by s"ccession to any
person and he ca"ses the leal title to be p"t in the
na!e of another& a tr"st is established by i!plication
of law for the benefit of the tr"e owner.
Art. 1*+2. (f two or !ore persons aree to p"rchase
property and by co!!on consent the leal title is
taken in the na!e of one of the! for the benefit of all&
a tr"st is created by force of law in favor of the others
in proportion to the interest of each.
Art. 1*+'. 2hen property is conveyed to a person in
reliance "pon his declared intention to hold it for& or
transfer it to another or the rantor& there is an i!plied
tr"st in favor of the person whose benefit is
conte!plated.
Art. 1*+*. (f an absol"te conveyance of property is
!ade in order to sec"re the perfor!ance of an
obliation of the rantor toward the rantee& a tr"st by
virt"e of law is established. (f the f"lfill!ent of the
obliation is offered by the rantor when it beco!es
d"e& he !ay de!and the reconveyance of the
property to hi!.
Art. 1*++. 2hen any tr"stee& "ardian or other person
holdin a fid"ciary relationship "ses tr"st f"nds for the
p"rchase of property and ca"ses the conveyance to
be !ade to hi! or to a third person& a tr"st is
established by operation of law in favor of the person
to who! the f"nds belon.
Art. 1*+,. (f property is ac0"ired thro"h !istake or
fra"d& the person obtainin it is& by force of law&
considered a tr"stee of an i!plied tr"st for the benefit
of the person fro! who! the property co!es.
Art. 1*+/. An i!plied tr"st !ay be proved by oral
evidence.

Title >(. 1 @AL:@

C9APT:- 1
6AT?-: A6D A#-= #A T9: C#6T-ACT

Art. 1*+3. By the contract of sale one of the
contractin parties obliates hi!self to transfer the
ownership and to deliver a deter!inate thin& and the
other to pay therefor a price certain in !oney or its
e0"ivalent.
A contract of sale !ay be absol"te or conditional.
(1**+a)
Art. 1*+5. The thin !"st be licit and the vendor !"st
have a riht to transfer the ownership thereof at the
ti!e it is delivered. (n)
Art. 1*,7. A thin is deter!inate when it is partic"larly
desinated or physical sereated fro! all other of
the sa!e class.
The re0"isite that a thin be deter!inate is satisfied if
at the ti!e the contract is entered into& the thin is
capable of bein !ade deter!inate witho"t the
necessity of a new or f"rther aree!ent between the
parties. (n)
Art. 1*,1. Thins havin a potential e)istence !ay be
the ob.ect of the contract of sale.
The efficacy of the sale of a !ere hope or e)pectancy
is dee!ed s"b.ect to the condition that the thin will
co!e into e)istence.
The sale of a vain hope or e)pectancy is void. (n)
Art. 1*,2. The oods which for! the s"b.ect of a
contract of sale !ay be either e)istin oods& owned
or possessed by the seller& or oods to be
!an"fact"red& raised& or ac0"ired by the seller after
the perfection of the contract of sale& in this Title
called "f"t"re oods."
There !ay be a contract of sale of oods& whose
ac0"isition by the seller depends "pon a continency
which !ay or !ay not happen. (n)
Art. 1*,'. The sole owner of a thin !ay sell an
"ndivided interest therein. (n)
Art. 1*,*. (n the case of f"nible oods& there !ay be
a sale of an "ndivided share of a specific !ass&
tho"h the seller p"rports to sell and the b"yer to b"y
a definite n"!ber& weiht or !eas"re of the oods in
the !ass& and tho"h the n"!ber& weiht or !eas"re
of the oods in the !ass is "ndeter!ined. By s"ch a
sale the b"yer beco!es owner in co!!on of s"ch a
share of the !ass as the n"!ber& weiht or !eas"re
bo"ht bears to the n"!ber& weiht or !eas"re of the
!ass. (f the !ass contains less than the n"!ber&
weiht or !eas"re bo"ht& the b"yer beco!es the
owner of the whole !ass and the seller is bo"nd to
!ake ood the deficiency fro! oods of the sa!e
kind and 0"ality& "nless a contrary intent appears. (n)
Art. 1*,+. Thins s"b.ect to a resol"tory condition
!ay be the ob.ect of the contract of sale. (n)
Art. 1*,,. (n constr"in a contract containin
provisions characteristic of both the contract of sale
and of the contract of aency to sell& the essential
cla"ses of the whole instr"!ent shall be considered.
(n)
Art. 1*,/. A contract for the delivery at a certain price
of an article which the vendor in the ordinary co"rse
of his b"siness !an"fact"res or proc"res for the
eneral !arket& whether the sa!e is on hand at the
ti!e or not& is a contract of sale& b"t if the oods are
to be !an"fact"red specially for the c"sto!er and
"pon his special order& and not for the eneral
!arket& it is a contract for a piece of work. (n)
Art. 1*,3. (f the consideration of the contract consists
partly in !oney& and partly in another thin& the
transaction shall be characteri%ed by the !anifest
intention of the parties. (f s"ch intention does not
clearly appear& it shall be considered a barter if the
val"e of the thin iven as a part of the consideration
e)ceeds the a!o"nt of the !oney or its e0"ivalent8
otherwise& it is a sale. (1**,a)
Art. 1*,5. (n order that the price !ay be considered
certain& it shall be s"fficient that it be so with
reference to another thin certain& or that the
deter!ination thereof be left to the ."d!ent of a
special person or persons.
@ho"ld s"ch person or persons be "nable or "nwillin
to fi) it& the contract shall be inefficacio"s& "nless the
parties s"bse0"ently aree "pon the price.
(f the third person or persons acted in bad faith or by
!istake& the co"rts !ay fi) the price.
2here s"ch third person or persons are prevented
fro! fi)in the price or ter!s by fa"lt of the seller or
the b"yer& the party not in fa"lt !ay have s"ch
re!edies aainst the party in fa"lt as are allowed the
seller or the b"yer& as the case !ay be. (1**/a)
Art. 1*/7. $ross inade0"acy of price does not affect a
contract of sale& e)cept as it !ay indicate a defect in
the consent& or that the parties really intended a
donation or so!e other act or contract. (n)
Art. 1*/1. (f the price is si!"lated& the sale is void& b"t
the act !ay be shown to have been in reality a
donation& or so!e other act or contract. (n)
Art. 1*/2. The price of sec"rities& rain& li0"ids& and
other thins shall also be considered certain& when
the price fi)ed is that which the thin sold wo"ld have
on a definite day& or in a partic"lar e)chane or
!arket& or when an a!o"nt is fi)ed above or below
the price on s"ch day& or in s"ch e)chane or !arket&
provided said a!o"nt be certain. (1**3)
Art. 1*/'. The fi)in of the price can never be left to
the discretion of one of the contractin parties.
9owever& if the price fi)ed by one of the parties is
accepted by the other& the sale is perfected. (1**5a)
Art. 1*/*. 2here the price cannot be deter!ined in
accordance with the precedin articles& or in any other
!anner& the contract is inefficacio"s. 9owever& if the
thin or any part thereof has been delivered to and
appropriated by the b"yer he !"st pay a reasonable
price therefor. 2hat is a reasonable price is a
0"estion of fact dependent on the circ"!stances of
each partic"lar case. (n)
Art. 1*/+. The contract of sale is perfected at the
!o!ent there is a !eetin of !inds "pon the thin
which is the ob.ect of the contract and "pon the price.
Aro! that !o!ent& the parties !ay reciprocally
de!and perfor!ance& s"b.ect to the provisions of the
law overnin the for! of contracts. (1*+7a)
Art. 1*/,. (n the case of a sale by a"ction<
(1) 2here oods are p"t "p for sale by a"ction in lots&
each lot is the s"b.ect of a separate contract of sale.
(2) A sale by a"ction is perfected when the a"ctioneer
anno"nces its perfection by the fall of the ha!!er& or
in other c"sto!ary !anner. ?ntil s"ch anno"nce!ent
is !ade& any bidder !ay retract his bid8 and the
a"ctioneer !ay withdraw the oods fro! the sale
"nless the a"ction has been anno"nced to be witho"t
reserve.
(') A riht to bid !ay be reserved e)pressly by or on
behalf of the seller& "nless otherwise provided by law
or by stip"lation.
(*) 2here notice has not been iven that a sale by
a"ction is s"b.ect to a riht to bid on behalf of the
seller& it shall not be lawf"l for the seller to bid hi!self
or to e!ploy or ind"ce any person to bid at s"ch sale
on his behalf or for the a"ctioneer& to e!ploy or
ind"ce any person to bid at s"ch sale on behalf of the
seller or knowinly to take any bid fro! the seller or
any person e!ployed by hi!. Any sale contravenin
this r"le !ay be treated as fra"d"lent by the b"yer.
(n)
Art. 1*//. The ownership of the thin sold shall be
transferred to the vendee "pon the act"al or
constr"ctive delivery thereof. (n)
Art. 1*/3. The parties !ay stip"late that ownership in
the thin shall not pass to the p"rchaser "ntil he has
f"lly paid the price. (n)
Art. 1*/5. A pro!ise to b"y and sell a deter!inate
thin for a price certain is reciprocally de!andable.
An accepted "nilateral pro!ise to b"y or to sell a
deter!inate thin for a price certain is bindin "pon
the pro!issor if the pro!ise is s"pported by a
consideration distinct fro! the price. (1*+1a)
Art. 1*37. Any in."ry to or benefit fro! the thin sold&
after the contract has been perfected& fro! the
!o!ent of the perfection of the contract to the ti!e of
delivery& shall be overned by Articles 11,' to 11,+&
and 12,2.
This r"le shall apply to the sale of f"nible thins&
!ade independently and for a sinle price& or witho"t
consideration of their weiht& n"!ber& or !eas"re.
@ho"ld f"nible thins be sold for a price fi)ed
accordin to weiht& n"!ber& or !eas"re& the risk
shall not be i!p"ted to the vendee "ntil they have
been weihed& co"nted& or !eas"red and delivered&
"nless the latter has inc"rred in delay. (1*+2a)
Art. 1*31. (n the contract of sale of oods by
description or by sa!ple& the contract !ay be
rescinded if the b"lk of the oods delivered do not
correspond with the description or the sa!ple& and if
the contract be by sa!ple as well as description& it is
not s"fficient that the b"lk of oods correspond with
the sa!ple if they do not also correspond with the
description.
The b"yer shall have a reasonable opport"nity of
co!parin the b"lk with the description or the sa!ple.
(n)
Art. 1*32. 2henever earnest !oney is iven in a
contract of sale& it shall be considered as part of the
price and as proof of the perfection of the contract.
(1*+*a)
Art. 1*3'. @"b.ect to the provisions of the @tat"te of
Ara"ds and of any other applicable stat"te& a contract
of sale !ay be !ade in writin& or by word of !o"th&
or partly in writin and partly by word of !o"th& or
!ay be inferred fro! the cond"ct of the parties. (n)
Art. 1*3*. (n a contract of sale of personal property
the price of which is payable in install!ents& the
vendor !ay e)ercise any of the followin re!edies<
(1) :)act f"lfill!ent of the obliation& sho"ld the
vendee fail to pay8
(2) Cancel the sale& sho"ld the vendee;s fail"re to pay
cover two or !ore install!ents8
(') Aoreclose the chattel !ortae on the thin sold& if
one has been constit"ted& sho"ld the vendee;s fail"re
to pay cover two or !ore install!ents. (n this case& he
shall have no f"rther action aainst the p"rchaser to
recover any "npaid balance of the price. Any
aree!ent to the contrary shall be void. (1*+*1A1a)
Art. 1*3+. The precedin article shall be applied to
contracts p"rportin to be leases of personal property
with option to b"y& when the lessor has deprived the
lessee of the possession or en.oy!ent of the thin.
(1*+*1A1a)
Art. 1*3,. (n the case referred to in two precedin
articles& a stip"lation that the install!ents or rents
paid shall not be ret"rned to the vendee or lessee
shall be valid insofar as the sa!e !ay not be
"nconscionable "nder the circ"!stances. (n)
Art. 1*3/. The e)penses for the e)ec"tion and
reistration of the sale shall be borne by the vendor&
"nless there is a stip"lation to the contrary. (1*++a)
Art. 1*33. The e)propriation of property for p"blic "se
is overned by special laws. (1*+,)

C9APT:- 2
CAPAC(TF T# B?F #- @:LL

Art. 1*35. All persons who are a"thori%ed in this Code
to obliate the!selves& !ay enter into a contract of
sale& savin the !odifications contained in the
followin articles.
2here necessaries are those sold and delivered to a
!inor or other person witho"t capacity to act& he !"st
pay a reasonable price therefor. 6ecessaries are
those referred to in Article 257. (1*+/a)
Art. 1*57. The h"sband and the wife cannot sell
property to each other& e)cept<
(1) 2hen a separation of property was areed "pon in
the !arriae settle!ents8 or
(2) 2hen there has been a ."dicial separation or
property "nder Article 151. (1*+3a)
Art. 1*51. The followin persons cannot ac0"ire by
p"rchase& even at a p"blic or ."dicial a"ction& either in
person or thro"h the !ediation of another<
(1) The "ardian& the property of the person or
persons who !ay be "nder his "ardianship8
(2) Aents& the property whose ad!inistration or sale
!ay have been entr"sted to the!& "nless the consent
of the principal has been iven8
(') :)ec"tors and ad!inistrators& the property of the
estate "nder ad!inistration8
(*) P"blic officers and e!ployees& the property of the
@tate or of any s"bdivision thereof& or of any
overn!ent1owned or controlled corporation& or
instit"tion& the ad!inistration of which has been
intr"sted to the!8 this provision shall apply to ."des
and overn!ent e)perts who& in any !anner
whatsoever& take part in the sale8
(+) 4"stices& ."des& prosec"tin attorneys& clerks of
s"perior and inferior co"rts& and other officers and
e!ployees connected with the ad!inistration of
."stice& the property and rihts in litiation or levied
"pon an e)ec"tion before the co"rt within whose
."risdiction or territory they e)ercise their respective
f"nctions8 this prohibition incl"des the act of ac0"irin
by assin!ent and shall apply to lawyers& with
respect to the property and rihts which !ay be the
ob.ect of any litiation in which they !ay take part by
virt"e of their profession.
(,) Any others specially dis0"alified by law. (1*+5a)
Art. 1*52. The prohibitions in the two precedin
articles are applicable to sales in leal rede!ption&
co!pro!ises and ren"nciations. (n)

C9APT:- '
:AA:CT@ #A T9: C#6T-ACT
29:6 T9: T9(6$ @#LD 9A@ B::6 L#@T

Art. 1*5'. (f at the ti!e the contract of sale is
perfected& the thin which is the ob.ect of the contract
has been entirely lost& the contract shall be witho"t
any effect.
B"t if the thin sho"ld have been lost in part only& the
vendee !ay choose between withdrawin fro! the
contract and de!andin the re!ainin part& payin its
price in proportion to the total s"! areed "pon.
(1*,7a)
Art. 1*5*. 2here the parties p"rport a sale of specific
oods& and the oods witho"t the knowlede of the
seller have perished in part or have wholly or in a
!aterial part so deteriorated in 0"ality as to be
s"bstantially chaned in character& the b"yer !ay at
his option treat the sale<
(1) As avoided8 or
(2) As valid in all of the e)istin oods or in so !"ch
thereof as have not deteriorated& and as bindin the
b"yer to pay the areed price for the oods in which
the ownership will pass& if the sale was divisible. (n)
C9APT:- *
#BL($AT(#6@ #A T9: >:6D#-

@:CT(#6 1. 1 $eneral Provisions

Art. 1*5+. The vendor is bo"nd to transfer the
ownership of and deliver& as well as warrant the thin
which is the ob.ect of the sale. (1*,1a)
Art. 1*5,. The ownership of the thin sold is ac0"ired
by the vendee fro! the !o!ent it is delivered to hi!
in any of the ways specified in Articles 1*5/ to 1+71&
or in any other !anner sinifyin an aree!ent that
the possession is transferred fro! the vendor to the
vendee. (n)

@:CT(#6 2. 1 Delivery of the Thin @old

Art. 1*5/. The thin sold shall be "nderstood as
delivered& when it is placed in the control and
possession of the vendee. (1*,2a)
Art. 1*53. 2hen the sale is !ade thro"h a p"blic
instr"!ent& the e)ec"tion thereof shall be e0"ivalent
to the delivery of the thin which is the ob.ect of the
contract& if fro! the deed the contrary does not
appear or cannot clearly be inferred.
2ith reard to !ovable property& its delivery !ay also
be !ade by the delivery of the keys of the place or
depository where it is stored or kept. (1*,'a)
Art. 1*55. The delivery of !ovable property !ay
likewise be !ade by the !ere consent or aree!ent
of the contractin parties& if the thin sold cannot be
transferred to the possession of the vendee at the
ti!e of the sale& or if the latter already had it in his
possession for any other reason. (1*,'a)
Art. 1+77. There !ay also be tradition constit"t"!
possessori"!. (n)
Art. 1+71. 2ith respect to incorporeal property& the
provisions of the first pararaph of article 1*53 shall
overn. (n any other case wherein said provisions are
not applicable& the placin of the titles of ownership in
the possession of the vendee or the "se by the
vendee of his rihts& with the vendor;s consent& shall
be "nderstood as a delivery. (1*,*)
Art. 1+72. 2hen oods are delivered to the b"yer "on
sale or ret"rn" to ive the b"yer an option to ret"rn the
oods instead of payin the price& the ownership
passes to the b"yer of delivery& b"t he !ay revest the
ownership in the seller by ret"rnin or tenderin the
oods within the ti!e fi)ed in the contract& or& if no
ti!e has been fi)ed& within a reasonable ti!e. (n)
2hen oods are delivered to the b"yer on approval or
on trial or on satisfaction& or other si!ilar ter!s& the
ownership therein passes to the b"yer<
(1) 2hen he sinifies his approval or acceptance to
the seller or does any other act adoptin the
transaction8
(2) (f he does not sinify his approval or acceptance
to the seller& b"t retains the oods witho"t ivin
notice of re.ection& then if a ti!e has been fi)ed for
the ret"rn of the oods& on the e)piration of s"ch ti!e&
and& if no ti!e has been fi)ed& on the e)piration of a
reasonable ti!e. 2hat is a reasonable ti!e is a
0"estion of fact. (n)
Art. 1+7'. 2hen there is a contract of sale of specific
oods& the seller !ay& by the ter!s of the contract&
reserve the riht of possession or ownership in the
oods "ntil certain conditions have been f"lfilled. The
riht of possession or ownership !ay be th"s
reserved notwithstandin the delivery of the oods to
the b"yer or to a carrier or other bailee for the
p"rpose of trans!ission to the b"yer.
2here oods are shipped& and by the bill of ladin the
oods are deliverable to the seller or his aent& or to
the order of the seller or of his aent& the seller
thereby reserves the ownership in the oods. B"t& if
e)cept for the for! of the bill of ladin& the ownership
wo"ld have passed to the b"yer on ship!ent of the
oods& the seller;s property in the oods shall be
dee!ed to be only for the p"rpose of sec"rin
perfor!ance by the b"yer of his obliations "nder the
contract.
2here oods are shipped& and by the bill of ladin the
oods are deliverable to order of the b"yer or of his
aent& b"t possession of the bill of ladin is retained
by the seller or his aent& the seller thereby reserves
a riht to the possession of the oods as aainst the
b"yer.
2here the seller of oods draws on the b"yer for the
price and trans!its the bill of e)chane and bill of
ladin toether to the b"yer to sec"re acceptance or
pay!ent of the bill of e)chane& the b"yer is bo"nd to
ret"rn the bill of ladin if he does not honor the bill of
e)chane& and if he wronf"lly retains the bill of
ladin he ac0"ires no added riht thereby. (f&
however& the bill of ladin provides that the oods are
deliverable to the b"yer or to the order of the b"yer& or
is indorsed in blank& or to the b"yer by the consinee
na!ed therein& one who p"rchases in ood faith& for
val"e& the bill of ladin& or oods fro! the b"yer will
obtain the ownership in the oods& altho"h the bill of
e)chane has not been honored& provided that s"ch
p"rchaser has received delivery of the bill of ladin
indorsed by the consinee na!ed therein& or of the
oods& witho"t notice of the facts !akin the transfer
wronf"l. (n)
Art. 1+7*. ?nless otherwise areed& the oods re!ain
at the seller;s risk "ntil the ownership therein is
transferred to the b"yer& b"t when the ownership
therein is transferred to the b"yer the oods are at the
b"yer;s risk whether act"al delivery has been !ade or
not& e)cept that<
(1) 2here delivery of the oods has been !ade to the
b"yer or to a bailee for the b"yer& in p"rs"ance of the
contract and the ownership in the oods has been
retained by the seller !erely to sec"re perfor!ance
by the b"yer of his obliations "nder the contract& the
oods are at the b"yer;s risk fro! the ti!e of s"ch
delivery8
(2) 2here act"al delivery has been delayed thro"h
the fa"lt of either the b"yer or seller the oods are at
the risk of the party in fa"lt. (n)
Art. 1+7+. @"b.ect to the provisions of this Title& where
oods are sold by a person who is not the owner
thereof& and who does not sell the! "nder a"thority or
with the consent of the owner& the b"yer ac0"ires no
better title to the oods than the seller had& "nless the
owner of the oods is by his cond"ct precl"ded fro!
denyin the seller;s a"thority to sell.
6othin in this Title& however& shall affect<
(1) The provisions of any factors; act& recordin laws&
or any other provision of law enablin the apparent
owner of oods to dispose of the! as if he were the
tr"e owner thereof8
(2) The validity of any contract of sale "nder stat"tory
power of sale or "nder the order of a co"rt of
co!petent ."risdiction8
(') P"rchases !ade in a !erchant;s store& or in fairs&
or !arkets& in accordance with the Code of
Co!!erce and special laws. (n)
Art. 1+7,. 2here the seller of oods has a voidable
title thereto& b"t his title has not been avoided at the
ti!e of the sale& the b"yer ac0"ires a ood title to the
oods& provided he b"ys the! in ood faith& for val"e&
and witho"t notice of the seller;s defect of title. (n)
Art. 1+7/. A doc"!ent of title in which it is stated that
the oods referred to therein will be delivered to the
bearer& or to the order of any person na!ed in s"ch
doc"!ent is a neotiable doc"!ent of title. (n)
Art. 1+73. A neotiable doc"!ent of title !ay be
neotiated by delivery<
(1) 2here by the ter!s of the doc"!ent the carrier&
wareho"se!an or other bailee iss"in the sa!e
"ndertakes to deliver the oods to the bearer8 or
(2) 2here by the ter!s of the doc"!ent the carrier&
wareho"se!an or other bailee iss"in the sa!e
"ndertakes to deliver the oods to the order of a
specified person& and s"ch person or a s"bse0"ent
endorsee of the doc"!ent has indorsed it in blank or
to the bearer.
2here by the ter!s of a neotiable doc"!ent of title
the oods are deliverable to bearer or where a
neotiable doc"!ent of title has been indorsed in
blank or to bearer& any holder !ay indorse the sa!e
to hi!self or to any specified person& and in s"ch
case the doc"!ent shall thereafter be neotiated only
by the endorse!ent of s"ch endorsee. (n)
Art. 1+75. A neotiable doc"!ent of title !ay be
neotiated by the endorse!ent of the person to
whose order the oods are by the ter!s of the
doc"!ent deliverable. @"ch endorse!ent !ay be in
blank& to bearer or to a specified person. (f indorsed to
a specified person& it !ay be aain neotiated by the
endorse!ent of s"ch person in blank& to bearer or to
another specified person. @"bse0"ent neotiations
!ay be !ade in like !anner. (n)
Art. 1+17. (f a doc"!ent of title which contains an
"ndertakin by a carrier& wareho"se!an or other
bailee to deliver the oods to bearer& to a specified
person or order of a specified person or which
contains words of like i!port& has placed "pon it the
words "not neotiable&" "non1neotiable" or the like&
s"ch doc"!ent !ay nevertheless be neotiated by
the holder and is a neotiable doc"!ent of title within
the !eanin of this Title. B"t nothin in this Title
contained shall be constr"ed as li!itin or definin
the effect "pon the obliations of the carrier&
wareho"se!an& or other bailee iss"in a doc"!ent of
title or placin thereon the words "not neotiable&"
"non1neotiable&" or the like. (n)
Art. 1+11. A doc"!ent of title which is not in s"ch
for! that it can be neotiated by delivery !ay be
transferred by the holder by delivery to a p"rchaser or
donee. A non1neotiable doc"!ent cannot be
neotiated and the endorse!ent of s"ch a doc"!ent
ives the transferee no additional riht. (n)
Art. 1+12. A neotiable doc"!ent of title !ay be
neotiated<
(1) By the owner therefor8 or
(2) By any person to who! the possession or c"stody
of the doc"!ent has been entr"sted by the owner& if&
by the ter!s of the doc"!ent the bailee iss"in the
doc"!ent "ndertakes to deliver the oods to the
order of the person to who! the possession or
c"stody of the doc"!ent has been entr"sted& or if at
the ti!e of s"ch entr"stin the doc"!ent is in s"ch
for! that it !ay be neotiated by delivery. (n)
Art. 1+1'. A person to who! a neotiable doc"!ent
of title has been d"ly neotiated ac0"ires thereby<
(1) @"ch title to the oods as the person neotiatin
the doc"!ent to hi! had or had ability to convey to a
p"rchaser in ood faith for val"e and also s"ch title to
the oods as the person to whose order the oods
were to be delivered by the ter!s of the doc"!ent
had or had ability to convey to a p"rchaser in ood
faith for val"e8 and
(2) The direct obliation of the bailee iss"in the
doc"!ent to hold possession of the oods for hi!
accordin to the ter!s of the doc"!ent as f"lly as if
s"ch bailee had contracted directly with hi!. (n)
Art. 1+1*. A person to who! a doc"!ent of title has
been transferred& b"t not neotiated& ac0"ires
thereby& as aainst the transferor& the title to the
oods& s"b.ect to the ter!s of any aree!ent with the
transferor.
(f the doc"!ent is non1neotiable& s"ch person also
ac0"ires the riht to notify the bailee who iss"ed the
doc"!ent of the transfer thereof& and thereby to
ac0"ire the direct obliation of s"ch bailee to hold
possession of the oods for hi! accordin to the
ter!s of the doc"!ent.
Prior to the notification to s"ch bailee by the transferor
or transferee of a non1neotiable doc"!ent of title&
the title of the transferee to the oods and the riht to
ac0"ire the obliation of s"ch bailee !ay be defeated
by the levy of an attach!ent of e)ec"tion "pon the
oods by a creditor of the transferor& or by a
notification to s"ch bailee by the transferor or a
s"bse0"ent p"rchaser fro! the transfer of a
s"bse0"ent sale of the oods by the transferor. (n)
Art. 1+1+. 2here a neotiable doc"!ent of title is
transferred for val"e by delivery& and the
endorse!ent of the transferor is essential for
neotiation& the transferee ac0"ires a riht aainst the
transferor to co!pel hi! to endorse the doc"!ent
"nless a contrary intention appears. The neotiation
shall take effect as of the ti!e when the endorse!ent
is act"ally !ade. (n)
Art. 1+1,. A person who for val"e neotiates or
transfers a doc"!ent of title by endorse!ent or
delivery& incl"din one who assins for val"e a clai!
sec"red by a doc"!ent of title "nless a contrary
intention appears& warrants<
(1) That the doc"!ent is en"ine8
(2) That he has a leal riht to neotiate or transfer it8
(') That he has knowlede of no fact which wo"ld
i!pair the validity or worth of the doc"!ent8 and
(*) That he has a riht to transfer the title to the oods
and that the oods are !erchantable or fit for a
partic"lar p"rpose& whenever s"ch warranties wo"ld
have been i!plied if the contract of the parties had
been to transfer witho"t a doc"!ent of title the oods
represented thereby. (n)
Art. 1+1/. The endorse!ent of a doc"!ent of title
shall not !ake the endorser liable for any fail"re on
the part of the bailee who iss"ed the doc"!ent or
previo"s endorsers thereof to f"lfill their respective
obliations. (n)
Art. 1+13. The validity of the neotiation of a
neotiable doc"!ent of title is not i!paired by the fact
that the neotiation was a breach of d"ty on the part
of the person !akin the neotiation& or by the fact
that the owner of the doc"!ent was deprived of the
possession of the sa!e by loss& theft& fra"d& accident&
!istake& d"ress& or conversion& if the person to who!
the doc"!ent was neotiated or a person to who!
the doc"!ent was s"bse0"ently neotiated paid
val"e therefor in ood faith witho"t notice of the
breach of d"ty& or loss& theft& fra"d& accident& !istake&
d"ress or conversion. (n)
Art. 1+15. (f oods are delivered to a bailee by the
owner or by a person whose act in conveyin the title
to the! to a p"rchaser in ood faith for val"e wo"ld
bind the owner and a neotiable doc"!ent of title is
iss"ed for the! they cannot thereafter& while in
possession of s"ch bailee& be attached by
arnish!ent or otherwise or be levied "nder an
e)ec"tion "nless the doc"!ent be first s"rrendered to
the bailee or its neotiation en.oined. The bailee shall
in no case be co!pelled to deliver "p the act"al
possession of the oods "ntil the doc"!ent is
s"rrendered to hi! or i!po"nded by the co"rt. (n)
Art. 1+27. A creditor whose debtor is the owner of a
neotiable doc"!ent of title shall be entitled to s"ch
aid fro! co"rts of appropriate ."risdiction by in."nction
and otherwise in attachin s"ch doc"!ent or in
satisfyin the clai! by !eans thereof as is allowed at
law or in e0"ity in reard to property which cannot
readily be attached or levied "pon by ordinary leal
process. (n)
Art. 1+21. 2hether it is for the b"yer to take
possession of the oods or of the seller to send the!
to the b"yer is a 0"estion dependin in each case on
the contract& e)press or i!plied& between the parties.
Apart fro! any s"ch contract& e)press or i!plied& or
"sae of trade to the contrary& the place of delivery is
the seller;s place of b"siness if he has one& and if not
his residence8 b"t in case of a contract of sale of
specific oods& which to the knowlede of the parties
when the contract or the sale was !ade were in so!e
other place& then that place is the place of delivery.
2here by a contract of sale the seller is bo"nd to
send the oods to the b"yer& b"t no ti!e for sendin
the! is fi)ed& the seller is bo"nd to send the! within
a reasonable ti!e.
2here the oods at the ti!e of sale are in the
possession of a third person& the seller has not
f"lfilled his obliation to deliver to the b"yer "nless
and "ntil s"ch third person acknowledes to the b"yer
that he holds the oods on the b"yer;s behalf.
De!and or tender of delivery !ay be treated as
ineffect"al "nless !ade at a reasonable ho"r. 2hat is
a reasonable ho"r is a 0"estion of fact.
?nless otherwise areed& the e)penses of and
incidental to p"ttin the oods into a deliverable state
!"st be borne by the seller. (n)
Art. 1+22. 2here the seller delivers to the b"yer a
0"antity of oods less than he contracted to sell& the
b"yer !ay re.ect the!& b"t if the b"yer accepts or
retains the oods so delivered& knowin that the seller
is not oin to perfor! the contract in f"ll& he !"st
pay for the! at the contract rate. (f& however& the
b"yer has "sed or disposed of the oods delivered
before he knows that the seller is not oin to perfor!
his contract in f"ll& the b"yer shall not be liable for
!ore than the fair val"e to hi! of the oods so
received.
2here the seller delivers to the b"yer a 0"antity of
oods larer than he contracted to sell& the b"yer !ay
accept the oods incl"ded in the contract and re.ect
the rest. (f the b"yer accepts the whole of the oods
so delivered he !"st pay for the! at the contract rate.
2here the seller delivers to the b"yer the oods he
contracted to sell !i)ed with oods of a different
description not incl"ded in the contract& the b"yer !ay
accept the oods which are in accordance with the
contract and re.ect the rest.
(n the precedin two pararaphs& if the s"b.ect !atter
is indivisible& the b"yer !ay re.ect the whole of the
oods.
The provisions of this article are s"b.ect to any "sae
of trade& special aree!ent& or co"rse of dealin
between the parties. (n)
Art. 1+2'. 2here& in p"rs"ance of a contract of sale&
the seller is a"thori%ed or re0"ired to send the oods
to the b"yer& delivery of the oods to a carrier&
whether na!ed by the b"yer or not& for the p"rpose of
trans!ission to the b"yer is dee!ed to be a delivery
of the oods to the b"yer& e)cept in the case provided
for in Article 1+7'& first& second and third pararaphs&
or "nless a contrary intent appears.
?nless otherwise a"thori%ed by the b"yer& the seller
!"st !ake s"ch contract with the carrier on behalf of
the b"yer as !ay be reasonable& havin reard to the
nat"re of the oods and the other circ"!stances of
the case. (f the seller o!it so to do& and the oods are
lost or da!aed in co"rse of transit& the b"yer !ay
decline to treat the delivery to the carrier as a delivery
to hi!self& or !ay hold the seller responsible in
da!aes.
?nless otherwise areed& where oods are sent by
the seller to the b"yer "nder circ"!stances in which
the seller knows or o"ht to know that it is "s"al to
ins"re& the seller !"st ive s"ch notice to the b"yer
as !ay enable hi! to ins"re the! d"rin their transit&
and& if the seller fails to do so& the oods shall be
dee!ed to be at his risk d"rin s"ch transit. (n)
Art. 1+2*. The vendor shall not be bo"nd to deliver
the thin sold& if the vendee has not paid hi! the
price& or if no period for the pay!ent has been fi)ed in
the contract. (1*,,)
Art. 1+2+. The seller of oods is dee!ed to be an
"npaid seller within the !eanin of this Title<
(1) 2hen the whole of the price has not been paid or
tendered8
(2) 2hen a bill of e)chane or other neotiable
instr"!ent has been received as conditional pay!ent&
and the condition on which it was received has been
broken by reason of the dishonor of the instr"!ent&
the insolvency of the b"yer& or otherwise.
(n Articles 1+2+ to 1+'+ the ter! "seller" incl"des an
aent of the seller to who! the bill of ladin has been
indorsed& or a consinor or aent who has hi!self
paid& or is directly responsible for the price& or any
other person who is in the position of a seller. (n)
Art. 1+2,. @"b.ect to the provisions of this Title&
notwithstandin that the ownership in the oods !ay
have passed to the b"yer& the "npaid seller of oods&
as s"ch& has<
(1) A lien on the oods or riht to retain the! for the
price while he is in possession of the!8
(2) (n case of the insolvency of the b"yer& a riht of
stoppin the oods in transit" after he has parted with
the possession of the!8
(') A riht of resale as li!ited by this Title8
(*) A riht to rescind the sale as likewise li!ited by
this Title.
2here the ownership in the oods has not passed to
the b"yer& the "npaid seller has& in addition to his
other re!edies a riht of withholdin delivery si!ilar
to and coe)tensive with his rihts of lien and stoppae
in transit" where the ownership has passed to the
b"yer. (n)
Art. 1+2/. @"b.ect to the provisions of this Title& the
"npaid seller of oods who is in possession of the! is
entitled to retain possession of the! "ntil pay!ent or
tender of the price in the followin cases& na!ely<
(1) 2here the oods have been sold witho"t any
stip"lation as to credit8
(2) 2here the oods have been sold on credit& b"t the
ter! of credit has e)pired8
(') 2here the b"yer beco!es insolvent.
The seller !ay e)ercise his riht of lien
notwithstandin that he is in possession of the oods
as aent or bailee for the b"yer. (n)
Art. 1+23. 2here an "npaid seller has !ade part
delivery of the oods& he !ay e)ercise his riht of lien
on the re!ainder& "nless s"ch part delivery has been
!ade "nder s"ch circ"!stances as to show an intent
to waive the lien or riht of retention. (n)
Art. 1+25. The "npaid seller of oods loses his lien
thereon<
(1) 2hen he delivers the oods to a carrier or other
bailee for the p"rpose of trans!ission to the b"yer
witho"t reservin the ownership in the oods or the
riht to the possession thereof8
(2) 2hen the b"yer or his aent lawf"lly obtains
possession of the oods8
(') By waiver thereof.
The "npaid seller of oods& havin a lien thereon&
does not lose his lien by reason only that he has
obtained ."d!ent or decree for the price of the
oods. (n)
Art. 1+'7. @"b.ect to the provisions of this Title& when
the b"yer of oods is or beco!es insolvent& the
"npaid seller who has parted with the possession of
the oods has the riht of stoppin the! in transit"&
that is to say& he !ay res"!e possession of the
oods at any ti!e while they are in transit& and he will
then beco!e entitled to the sa!e rihts in reard to
the oods as he wo"ld have had if he had never
parted with the possession. (n)
Art. 1+'1. $oods are in transit within the !eanin of
the precedin article<
(1) Aro! the ti!e when they are delivered to a carrier
by land& water& or air& or other bailee for the p"rpose
of trans!ission to the b"yer& "ntil the b"yer& or his
aent in that behalf& takes delivery of the! fro! s"ch
carrier or other bailee8
(2) (f the oods are re.ected by the b"yer& and the
carrier or other bailee contin"es in possession of
the!& even if the seller has ref"sed to receive the!
back.
$oods are no loner in transit within the !eanin of
the precedin article<
(1) (f the b"yer& or his aent in that behalf& obtains
delivery of the oods before their arrival at the
appointed destination8
(2) (f& after the arrival of the oods at the appointed
destination& the carrier or other bailee acknowledes
to the b"yer or his aent that he holds the oods on
his behalf and contin"es in possession of the! as
bailee for the b"yer or his aent8 and it is i!!aterial
that f"rther destination for the oods !ay have been
indicated by the b"yer8
(') (f the carrier or other bailee wronf"lly ref"ses to
deliver the oods to the b"yer or his aent in that
behalf.
(f the oods are delivered to a ship& freiht train& tr"ck&
or airplane chartered by the b"yer& it is a 0"estion
dependin on the circ"!stances of the partic"lar
case& whether they are in the possession of the
carrier as s"ch or as aent of the b"yer.
(f part delivery of the oods has been !ade to the
b"yer& or his aent in that behalf& the re!ainder of the
oods !ay be stopped in transit"& "nless s"ch part
delivery has been "nder s"ch circ"!stances as to
show an aree!ent with the b"yer to ive "p
possession of the whole of the oods. (n)
Art. 1+'2. The "npaid seller !ay e)ercise his riht of
stoppae in transit" either by obtainin act"al
possession of the oods or by ivin notice of his
clai! to the carrier or other bailee in whose
possession the oods are. @"ch notice !ay be iven
either to the person in act"al possession of the oods
or to his principal. (n the latter case the notice& to be
effect"al& !"st be iven at s"ch ti!e and "nder s"ch
circ"!stances that the principal& by the e)ercise of
reasonable dilience& !ay prevent a delivery to the
b"yer.
2hen notice of stoppae in transit" is iven by the
seller to the carrier& or other bailee in possession of
the oods& he !"st redeliver the oods to& or
accordin to the directions of& the seller. The
e)penses of s"ch delivery !"st be borne by the
seller. (f& however& a neotiable doc"!ent of title
representin the oods has been iss"ed by the carrier
or other bailee& he shall not oblied to deliver or
."stified in deliverin the oods to the seller "nless
s"ch doc"!ent is first s"rrendered for cancellation.
(n)
Art. 1+''. 2here the oods are of perishable nat"re&
or where the seller e)pressly reserves the riht of
resale in case the b"yer sho"ld !ake defa"lt& or
where the b"yer has been in defa"lt in the pay!ent of
the price for an "nreasonable ti!e& an "npaid seller
havin a riht of lien or havin stopped the oods in
transit" !ay resell the oods. 9e shall not thereafter
be liable to the oriinal b"yer "pon the contract of
sale or for any profit !ade by s"ch resale& b"t !ay
recover fro! the b"yer da!aes for any loss
occasioned by the breach of the contract of sale.
2here a resale is !ade& as a"thori%ed in this article&
the b"yer ac0"ires a ood title as aainst the oriinal
b"yer.
(t is not essential to the validity of resale that notice of
an intention to resell the oods be iven by the seller
to the oriinal b"yer. B"t where the riht to resell is
not based on the perishable nat"re of the oods or
"pon an e)press provision of the contract of sale& the
ivin or fail"re to ive s"ch notice shall be relevant in
any iss"e involvin the 0"estion whether the b"yer
had been in defa"lt for an "nreasonable ti!e before
the resale was !ade.
(t is not essential to the validity of a resale that notice
of the ti!e and place of s"ch resale sho"ld be iven
by the seller to the oriinal b"yer.
The seller is bo"nd to e)ercise reasonable care and
."d!ent in !akin a resale& and s"b.ect to this
re0"ire!ent !ay !ake a resale either by p"blic or
private sale. 9e cannot& however& directly or indirectly
b"y the oods. (n)
Art. 1+'*. An "npaid seller havin the riht of lien or
havin stopped the oods in transit"& !ay rescind the
transfer of title and res"!e the ownership in the
oods& where he e)pressly reserved the riht to do so
in case the b"yer sho"ld !ake defa"lt& or where the
b"yer has been in defa"lt in the pay!ent of the price
for an "nreasonable ti!e. The seller shall not
thereafter be liable to the b"yer "pon the contract of
sale& b"t !ay recover fro! the b"yer da!aes for
any loss occasioned by the breach of the contract.
The transfer of title shall not be held to have been
rescinded by an "npaid seller "ntil he has !anifested
by notice to the b"yer or by so!e other overt act an
intention to rescind. (t is not necessary that s"ch overt
act sho"ld be co!!"nicated to the b"yer& b"t the
ivin or fail"re to ive notice to the b"yer of the
intention to rescind shall be relevant in any iss"e
involvin the 0"estion whether the b"yer had been in
defa"lt for an "nreasonable ti!e before the riht of
rescission was asserted. (n)
Art. 1+'+. @"b.ect to the provisions of this Title& the
"npaid seller;s riht of lien or stoppae in transit" is
not affected by any sale& or other disposition of the
oods which the b"yer !ay have !ade& "nless the
seller has assented thereto.
(f& however& a neotiable doc"!ent of title has been
iss"ed for oods& no seller;s lien or riht of stoppae
in transit" shall defeat the riht of any p"rchaser for
val"e in ood faith to who! s"ch doc"!ent has been
neotiated& whether s"ch neotiation be prior or
s"bse0"ent to the notification to the carrier& or other
bailee who iss"ed s"ch doc"!ent& of the seller;s
clai! to a lien or riht of stoppae in transit". (n)
Art. 1+',. The vendor is not bo"nd to deliver the thin
sold in case the vendee sho"ld lose the riht to !ake
"se of the ter!s as provided in Article 1153. (1*,/a)
Art. 1+'/. The vendor is bo"nd to deliver the thin
sold and its accessions and accessories in the
condition in which they were "pon the perfection of
the contract.
All the fr"its shall pertain to the vendee fro! the day
on which the contract was perfected. (1*,3a)
Art. 1+'3. (n case of loss& deterioration or
i!prove!ent of the thin before its delivery& the r"les
in Article 1135 shall be observed& the vendor bein
considered the debtor. (n)
Art. 1+'5. The obliation to deliver the thin sold
incl"des that of placin in the control of the vendee all
that is !entioned in the contract& in confor!ity with
the followin r"les<
(f the sale of real estate sho"ld be !ade with a
state!ent of its area& at the rate of a certain price for
a "nit of !eas"re or n"!ber& the vendor shall be
oblied to deliver to the vendee& if the latter sho"ld
de!and it& all that !ay have been stated in the
contract8 b"t& sho"ld this be not possible& the vendee
!ay choose between a proportional red"ction of the
price and the rescission of the contract& provided that&
in the latter case& the lack in the area be not less than
one1tenth of that stated.
The sa!e shall be done& even when the area is the
sa!e& if any part of the i!!ovable is not of the 0"ality
specified in the contract.
The rescission& in this case& shall only take place at
the will of the vendee& when the inferior val"e of the
thin sold e)ceeds one1tenth of the price areed
"pon.
6evertheless& if the vendee wo"ld not have bo"ht
the i!!ovable had he known of its s!aller area of
inferior 0"ality& he !ay rescind the sale. (1*,5a)
Art. 1+*7. (f& in the case of the precedin article& there
is a reater area or n"!ber in the i!!ovable than
that stated in the contract& the vendee !ay accept the
area incl"ded in the contract and re.ect the rest. (f he
accepts the whole area& he !"st pay for the sa!e at
the contract rate. (1*/7a)
Art. 1+*1. The provisions of the two precedin articles
shall apply to ."dicial sales. (n)
Art. 1+*2. (n the sale of real estate& !ade for a l"!p
s"! and not at the rate of a certain s"! for a "nit of
!eas"re or n"!ber& there shall be no increase or
decrease of the price& altho"h there be a reater or
less area or n"!ber than that stated in the contract.
The sa!e r"le shall be applied when two or !ore
i!!ovables as sold for a sinle price8 b"t if& besides
!entionin the bo"ndaries& which is indispensable in
every conveyance of real estate& its area or n"!ber
sho"ld be desinated in the contract& the vendor shall
be bo"nd to deliver all that is incl"ded within said
bo"ndaries& even when it e)ceeds the area or n"!ber
specified in the contract8 and& sho"ld he not be able to
do so& he shall s"ffer a red"ction in the price& in
proportion to what is lackin in the area or n"!ber&
"nless the contract is rescinded beca"se the vendee
does not accede to the fail"re to deliver what has
been stip"lated. (1*/1)
Art. 1+*'. The actions arisin fro! Articles 1+'5 and
1+*2 shall prescribe in si) !onths& co"nted fro! the
day of delivery. (1*/2a)
Art. 1+**. (f the sa!e thin sho"ld have been sold to
different vendees& the ownership shall be transferred
to the person who !ay have first taken possession
thereof in ood faith& if it sho"ld be !ovable property.
@ho"ld it be i!!ovable property& the ownership shall
belon to the person ac0"irin it who in ood faith first
recorded it in the -eistry of Property.
@ho"ld there be no inscription& the ownership shall
pertain to the person who in ood faith was first in the
possession8 and& in the absence thereof& to the
person who presents the oldest title& provided there is
ood faith. (1*/')

@:CT(#6 '. 1 Conditions and 2arranties

Art. 1+*+. 2here the obliation of either party to a
contract of sale is s"b.ect to any condition which is
not perfor!ed& s"ch party !ay ref"se to proceed with
the contract or he !ay waive perfor!ance of the
condition. (f the other party has pro!ised that the
condition sho"ld happen or be perfor!ed& s"ch first
!entioned party !ay also treat the nonperfor!ance
of the condition as a breach of warranty.
2here the ownership in the thin has not passed& the
b"yer !ay treat the f"lfill!ent by the seller of his
obliation to deliver the sa!e as described and as
warranted e)pressly or by i!plication in the contract
of sale as a condition of the obliation of the b"yer to
perfor! his pro!ise to accept and pay for the thin.
(n)
Art. 1+*,. Any affir!ation of fact or any pro!ise by
the seller relatin to the thin is an e)press warranty if
the nat"ral tendency of s"ch affir!ation or pro!ise is
to ind"ce the b"yer to p"rchase the sa!e& and if the
b"yer p"rchase the thin relyin thereon. 6o
affir!ation of the val"e of the thin& nor any state!ent
p"rportin to be a state!ent of the seller;s opinion
only& shall be constr"ed as a warranty& "nless the
seller !ade s"ch affir!ation or state!ent as an
e)pert and it was relied "pon by the b"yer. (n)
Art. 1+*/. (n a contract of sale& "nless a contrary
intention appears& there is<
(1) An i!plied warranty on the part of the seller that
he has a riht to sell the thin at the ti!e when the
ownership is to pass& and that the b"yer shall fro!
that ti!e have and en.oy the leal and peacef"l
possession of the thin8
(2) An i!plied warranty that the thin shall be free
fro! any hidden fa"lts or defects& or any chare or
enc"!brance not declared or known to the b"yer.
This Article shall not& however& be held to render
liable a sheriff& a"ctioneer& !ortaee& pledee& or
other person professin to sell by virt"e of a"thority in
fact or law& for the sale of a thin in which a third
person has a leal or e0"itable interest. (n)

@?B@:CT(#6 1. 1 2arranty in Case of :viction

Art. 1+*3. :viction shall take place whenever by a
final ."d!ent based on a riht prior to the sale or an
act i!p"table to the vendor& the vendee is deprived of
the whole or of a part of the thin p"rchased.
The vendor shall answer for the eviction even tho"h
nothin has been said in the contract on the s"b.ect.
The contractin parties& however& !ay increase&
di!inish& or s"ppress this leal obliation of the
vendor. (1*/+a)
Art. 1+*5. The vendee need not appeal fro! the
decision in order that the vendor !ay beco!e liable
for eviction. (n)
Art. 1++7. 2hen adverse possession had been
co!!enced before the sale b"t the prescriptive
period is co!pleted after the transfer& the vendor shall
not be liable for eviction. (n)
Art. 1++1. (f the property is sold for nonpay!ent of
ta)es d"e and not !ade known to the vendee before
the sale& the vendor is liable for eviction. (n)
Art. 1++2. The ."d!ent debtor is also responsible for
eviction in ."dicial sales& "nless it is otherwise
decreed in the ."d!ent. (n)
Art. 1++'. Any stip"lation e)e!ptin the vendor fro!
the obliation to answer for eviction shall be void& if he
acted in bad faith. (1*/,)
Art. 1++*. (f the vendee has reno"nced the riht to
warranty in case of eviction& and eviction sho"ld take
place& the vendor shall only pay the val"e which the
thin sold had at the ti!e of the eviction. @ho"ld the
vendee have !ade the waiver with knowlede of the
risks of eviction and ass"!ed its conse0"ences& the
vendor shall not be liable. (1*//)
Art. 1+++. 2hen the warranty has been areed "pon
or nothin has been stip"lated on this point& in case
eviction occ"rs& the vendee shall have the riht to
de!and of the vendor<
(1) The ret"rn of the val"e which the thin sold had at
the ti!e of the eviction& be it reater or less than the
price of the sale8
(2) The inco!e or fr"its& if he has been ordered to
deliver the! to the party who won the s"it aainst
hi!8
(') The costs of the s"it which ca"sed the eviction&
and& in a proper case& those of the s"it bro"ht
aainst the vendor for the warranty8
(*) The e)penses of the contract& if the vendee has
paid the!8
(+) The da!aes and interests& and orna!ental
e)penses& if the sale was !ade in bad faith. (1*/3)
Art. 1++,. @ho"ld the vendee lose& by reason of the
eviction& a part of the thin sold of s"ch i!portance& in
relation to the whole& that he wo"ld not have bo"ht it
witho"t said part& he !ay de!and the rescission of
the contract8 b"t with the obliation to ret"rn the thin
witho"t other enc"!brances that those which it had
when he ac0"ired it.
9e !ay e)ercise this riht of action& instead of
enforcin the vendor;s liability for eviction.
The sa!e r"le shall be observed when two or !ore
thins have been .ointly sold for a l"!p s"!& or for a
separate price for each of the!& if it sho"ld clearly
appear that the vendee wo"ld not have p"rchased
one witho"t the other. (1*/5a)
Art. 1++/. The warranty cannot be enforced "ntil a
final ."d!ent has been rendered& whereby the
vendee loses the thin ac0"ired or a part thereof.
(1*37)
Art. 1++3. The vendor shall not be oblied to !ake
ood the proper warranty& "nless he is s"!!oned in
the s"it for eviction at the instance of the vendee.
(1*31a)
Art. 1++5. The defendant vendee shall ask& within the
ti!e fi)ed in the -"les of Co"rt for answerin the
co!plaint& that the vendor be !ade a co1defendant.
(1*32a)
Art. 1+,7. (f the i!!ovable sold sho"ld be
enc"!bered with any non1apparent b"rden or
servit"de& not !entioned in the aree!ent& of s"ch a
nat"re that it !"st be pres"!ed that the vendee
wo"ld not have ac0"ired it had he been aware
thereof& he !ay ask for the rescission of the contract&
"nless he sho"ld prefer the appropriate inde!nity.
6either riht can be e)ercised if the non1apparent
b"rden or servit"de is recorded in the -eistry of
Property& "nless there is an e)press warranty that the
thin is free fro! all b"rdens and enc"!brances.
2ithin one year& to be co!p"ted fro! the e)ec"tion
of the deed& the vendee !ay brin the action for
rescission& or s"e for da!aes.
#ne year havin elapsed& he !ay only brin an action
for da!aes within an e0"al period& to be co"nted
fro! the date on which he discovered the b"rden or
servit"de. (1*3'a)

@?B@:CT(#6 2. 1 2arranty Aainst 9idden Defects
of or :nc"!brances ?pon the Thin @old

Art. 1+,1. The vendor shall be responsible for
warranty aainst the hidden defects which the thin
sold !ay have& sho"ld they render it "nfit for the "se
for which it is intended& or sho"ld they di!inish its
fitness for s"ch "se to s"ch an e)tent that& had the
vendee been aware thereof& he wo"ld not have
ac0"ired it or wo"ld have iven a lower price for it8 b"t
said vendor shall not be answerable for patent defects
or those which !ay be visible& or for those which are
not visible if the vendee is an e)pert who& by reason
of his trade or profession& sho"ld have known the!.
(1*3*a)
Art. 1+,2. (n a sale of oods& there is an i!plied
warranty or condition as to the 0"ality or fitness of the
oods& as follows<
(1) 2here the b"yer& e)pressly or by i!plication&
!akes known to the seller the partic"lar p"rpose for
which the oods are ac0"ired& and it appears that the
b"yer relies on the seller;s skill or ."d!ent (whether
he be the rower or !an"fact"rer or not)& there is an
i!plied warranty that the oods shall be reasonably fit
for s"ch p"rpose8
(2) 2here the oods are bro"ht by description fro!
a seller who deals in oods of that description
(whether he be the rower or !an"fact"rer or not)&
there is an i!plied warranty that the oods shall be of
!erchantable 0"ality. (n)
Art. 1+,'. (n the case of contract of sale of a specified
article "nder its patent or other trade na!e& there is
no warranty as to its fitness for any partic"lar
p"rpose& "nless there is a stip"lation to the contrary.
(n)
Art. 1+,*. An i!plied warranty or condition as to the
0"ality or fitness for a partic"lar p"rpose !ay be
anne)ed by the "sae of trade. (n)
Art. 1+,+. (n the case of a contract of sale by sa!ple&
if the seller is a dealer in oods of that kind& there is
an i!plied warranty that the oods shall be free fro!
any defect renderin the! "n!erchantable which
wo"ld not be apparent on reasonable e)a!ination of
the sa!ple. (n)
Art. 1+,,. The vendor is responsible to the vendee for
any hidden fa"lts or defects in the thin sold& even
tho"h he was not aware thereof.
This provision shall not apply if the contrary has been
stip"lated& and the vendor was not aware of the
hidden fa"lts or defects in the thin sold. (1*3+)
Art. 1+,/. (n the cases of Articles 1+,1& 1+,2& 1+,*&
1+,+ and 1+,,& the vendee !ay elect between
withdrawin fro! the contract and de!andin a
proportionate red"ction of the price& with da!aes in
either case. (1*3,a)
Art. 1+,3. (f the thin sold sho"ld be lost in
conse0"ence of the hidden fa"lts& and the vendor was
aware of the!& he shall bear the loss& and shall be
oblied to ret"rn the price and ref"nd the e)penses of
the contract& with da!aes. (f he was not aware of
the!& he shall only ret"rn the price and interest
thereon& and rei!b"rse the e)penses of the contract
which the vendee !iht have paid. (1*3/a)
Art. 1+,5. (f the thin sold had any hidden fa"lt at the
ti!e of the sale& and sho"ld thereafter be lost by a
fort"ito"s event or thro"h the fa"lt of the vendee& the
latter !ay de!and of the vendor the price which he
paid& less the val"e which the thin had when it was
lost.
(f the vendor acted in bad faith& he shall pay da!aes
to the vendee. (1*33a)
Art. 1+/7. The precedin articles of this @"bsection
shall be applicable to ."dicial sales& e)cept that the
."d!ent debtor shall not be liable for da!aes.
(1*35a)
Art. 1+/1. Actions arisin fro! the provisions of the
precedin ten articles shall be barred after si)
!onths& fro! the delivery of the thin sold. (1*57)
Art. 1+/2. (f two or !ore ani!als are sold toether&
whether for a l"!p s"! or for a separate price for
each of the!& the redhibitory defect of one shall only
ive rise to its redhibition& and not that of the others8
"nless it sho"ld appear that the vendee wo"ld not
have p"rchased the so"nd ani!al or ani!als witho"t
the defective one.
The latter case shall be pres"!ed when a tea!& yoke
pair& or set is bo"ht& even if a separate price has
been fi)ed for each one of the ani!als co!posin the
sa!e. (1*51)
Art. 1+/'. The provisions of the precedin article with
respect to the sale of ani!als shall in like !anner be
applicable to the sale of other thins. (1*52)
Art. 1+/*. There is no warranty aainst hidden
defects of ani!als sold at fairs or at p"blic a"ctions&
or of live stock sold as conde!ned. (1*5'a)
Art. 1+/+. The sale of ani!als s"fferin fro!
contaio"s diseases shall be void.
A contract of sale of ani!als shall also be void if the
"se or service for which they are ac0"ired has been
stated in the contract& and they are fo"nd to be "nfit
therefor. (1*5*a)
Art. 1+/,. (f the hidden defect of ani!als& even in
case a professional inspection has been !ade&
sho"ld be of s"ch a nat"re that e)pert knowlede is
not s"fficient to discover it& the defect shall be
considered as redhibitory.
B"t if the veterinarian& thro"h inorance or bad faith
sho"ld fail to discover or disclose it& he shall be liable
for da!aes. (1*5+)
Art. 1+//. The redhibitory action& based on the fa"lts
or defects of ani!als& !"st be bro"ht within forty
days fro! the date of their delivery to the vendee.
This action can only be e)ercised with respect to
fa"lts and defects which are deter!ined by law or by
local c"sto!s. (1*5,a)
Art. 1+/3. (f the ani!al sho"ld die within three days
after its p"rchase& the vendor shall be liable if the
disease which ca"se the death e)isted at the ti!e of
the contract. (1*5/a)
Art. 1+/5. (f the sale be rescinded& the ani!al shall be
ret"rned in the condition in which it was sold and
delivered& the vendee bein answerable for any in."ry
d"e to his nelience& and not arisin fro! the
redhibitory fa"lt or defect. (1*53)
Art. 1+37. (n the sale of ani!als with redhibitory
defects& the vendee shall also en.oy the riht
!entioned in article 1+,/8 b"t he !"st !ake "se
thereof within the sa!e period which has been fi)ed
for the e)ercise of the redhibitory action. (1*55)
Art. 1+31. The for! of sale of lare cattle shall be
overned by special laws. (n)

C9APT:- +
#BL($AT(#6@ #A T9: >:6D::

Art. 1+32. The vendee is bo"nd to accept delivery and
to pay the price of the thin sold at the ti!e and place
stip"lated in the contract.
(f the ti!e and place sho"ld not have been stip"lated&
the pay!ent !"st be !ade at the ti!e and place of
the delivery of the thin sold. (1+77a)
Art. 1+3'. ?nless otherwise areed& the b"yer of
oods is not bo"nd to accept delivery thereof by
install!ents.
2here there is a contract of sale of oods to be
delivered by stated install!ents& which are to be
separately paid for& and the seller !akes defective
deliveries in respect of one or !ore instal!ents& or
the b"yer nelects or ref"ses witho"t ."st ca"se to
take delivery of or pay for one !ore instal!ents& it
depends in each case on the ter!s of the contract
and the circ"!stances of the case& whether the
breach of contract is so !aterial as to ."stify the
in."red party in ref"sin to proceed f"rther and s"in
for da!aes for breach of the entire contract& or
whether the breach is severable& ivin rise to a clai!
for co!pensation b"t not to a riht to treat the whole
contract as broken. (n)
Art. 1+3*. 2here oods are delivered to the b"yer&
which he has not previo"sly e)a!ined& he is not
dee!ed to have accepted the! "nless and "ntil he
has had a reasonable opport"nity of e)a!inin the!
for the p"rpose of ascertainin whether they are in
confor!ity with the contract if there is no stip"lation to
the contrary.
?nless otherwise areed& when the seller tenders
delivery of oods to the b"yer& he is bo"nd& on
re0"est& to afford the b"yer a reasonable opport"nity
of e)a!inin the oods for the p"rpose of
ascertainin whether they are in confor!ity with the
contract.
2here oods are delivered to a carrier by the seller&
in accordance with an order fro! or aree!ent with
the b"yer& "pon the ter!s that the oods shall not be
delivered by the carrier to the b"yer "ntil he has paid
the price& whether s"ch ter!s are indicated by
!arkin the oods with the words "collect on
delivery&" or otherwise& the b"yer is not entitled to
e)a!ine the oods before the pay!ent of the price& in
the absence of aree!ent or "sae of trade
per!ittin s"ch e)a!ination. (n)
Art. 1+3+. The b"yer is dee!ed to have accepted the
oods when he inti!ates to the seller that he has
accepted the!& or when the oods have been
delivered to hi!& and he does any act in relation to
the! which is inconsistent with the ownership of the
seller& or when& after the lapse of a reasonable ti!e&
he retains the oods witho"t inti!atin to the seller
that he has re.ected the!. (n)
Art. 1+3,. (n the absence of e)press or i!plied
aree!ent of the parties& acceptance of the oods by
the b"yer shall not dischare the seller fro! liability in
da!aes or other leal re!edy for breach of any
pro!ise or warranty in the contract of sale. B"t& if&
after acceptance of the oods& the b"yer fails to ive
notice to the seller of the breach in any pro!ise of
warranty within a reasonable ti!e after the b"yer
knows& or o"ht to know of s"ch breach& the seller
shall not be liable therefor. (n)
Art. 1+3/. ?nless otherwise areed& where oods are
delivered to the b"yer& and he ref"ses to accept the!&
havin the riht so to do& he is not bo"nd to ret"rn
the! to the seller& b"t it is s"fficient if he notifies the
seller that he ref"ses to accept the!. (f he vol"ntarily
constit"tes hi!self a depositary thereof& he shall be
liable as s"ch. (n)
Art. 1+33. (f there is no stip"lation as specified in the
first pararaph of article 1+2'& when the b"yer;s
ref"sal to accept the oods is witho"t ."st ca"se& the
title thereto passes to hi! fro! the !o!ent they are
placed at his disposal. (n)
Art. 1+35. The vendee shall owe interest for the
period between the delivery of the thin and the
pay!ent of the price& in the followin three cases<
(1) @ho"ld it have been so stip"lated8
(2) @ho"ld the thin sold and delivered prod"ce fr"its
or inco!e8
(') @ho"ld he be in defa"lt& fro! the ti!e of ."dicial or
e)tra."dicial de!and for the pay!ent of the price.
(1+71a)
Art. 1+57. @ho"ld the vendee be dist"rbed in the
possession or ownership of the thin ac0"ired& or
sho"ld he have reasonable ro"nds to fear s"ch
dist"rbance& by a vindicatory action or a foreclos"re of
!ortae& he !ay s"spend the pay!ent of the price
"ntil the vendor has ca"sed the dist"rbance or daner
to cease& "nless the latter ives sec"rity for the ret"rn
of the price in a proper case& or it has been stip"lated
that& notwithstandin any s"ch continency& the
vendee shall be bo"nd to !ake the pay!ent. A !ere
act of trespass shall not a"thori%e the s"spension of
the pay!ent of the price. (1+72a)
Art. 1+51. @ho"ld the vendor have reasonable
ro"nds to fear the loss of i!!ovable property sold
and its price& he !ay i!!ediately s"e for the
rescission of the sale.
@ho"ld s"ch ro"nd not e)ist& the provisions of Article
1151 shall be observed. (1+7')
Art. 1+52. (n the sale of i!!ovable property& even
tho"h it !ay have been stip"lated that "pon fail"re
to pay the price at the ti!e areed "pon the
rescission of the contract shall of riht take place& the
vendee !ay pay& even after the e)piration of the
period& as lon as no de!and for rescission of the
contract has been !ade "pon hi! either ."dicially or
by a notarial act. After the de!and& the co"rt !ay not
rant hi! a new ter!. (1+7*a)
Art. 1+5'. 2ith respect to !ovable property& the
rescission of the sale shall of riht take place in the
interest of the vendor& if the vendee& "pon the
e)piration of the period fi)ed for the delivery of the
thin& sho"ld not have appeared to receive it& or&
havin appeared& he sho"ld not have tendered the
price at the sa!e ti!e& "nless a loner period has
been stip"lated for its pay!ent. (1+7+)

C9APT:- ,
ACT(#6@ A#- B-:AC9 #A C#6T-ACT #A @AL:
#A $##D@

Art. 1+5*. Actions for breach of the contract of sale of
oods shall be overned partic"larly by the provisions
of this Chapter& and as to !atters not specifically
provided for herein& by other applicable provisions of
this Title. (n)
Art. 1+5+. 2here& "nder a contract of sale& the
ownership of the oods has passed to the b"yer and
he wronf"lly nelects or ref"ses to pay for the oods
accordin to the ter!s of the contract of sale& the
seller !ay !aintain an action aainst hi! for the price
of the oods.
2here& "nder a contract of sale& the price is payable
on a certain day& irrespective of delivery or of transfer
of title and the b"yer wronf"lly nelects or ref"ses to
pay s"ch price& the seller !ay !aintain an action for
the price altho"h the ownership in the oods has not
passed. B"t it shall be a defense to s"ch an action
that the seller at any ti!e before the ."d!ent in s"ch
action has !anifested an inability to perfor! the
contract of sale on his part or an intention not to
perfor! it.
Altho"h the ownership in the oods has not passed&
if they cannot readily be resold for a reasonable price&
and if the provisions of article 1+5,& fo"rth pararaph&
are not applicable& the seller !ay offer to deliver the
oods to the b"yer& and& if the b"yer ref"ses to
receive the!& !ay notify the b"yer that the oods are
thereafter held by the seller as bailee for the b"yer.
Thereafter the seller !ay treat the oods as the
b"yer;s and !ay !aintain an action for the price. (n)
Art. 1+5,. 2here the b"yer wronf"lly nelects or
ref"ses to accept and pay for the oods& the seller
!ay !aintain an action aainst hi! for da!aes for
nonacceptance.
The !eas"re of da!aes is the esti!ated loss
directly and nat"rally res"ltin in the ordinary co"rse
of events fro! the b"yer;s breach of contract.
2here there is an available !arket for the oods in
0"estion& the !eas"re of da!aes is& in the absence
of special circ"!stances showin pro)i!ate da!ae
of a different a!o"nt& the difference between the
contract price and the !arket or c"rrent price at the
ti!e or ti!es when the oods o"ht to have been
accepted& or& if no ti!e was fi)ed for acceptance& then
at the ti!e of the ref"sal to accept.
(f& while labor or e)pense of !aterial a!o"nt is
necessary on the part of the seller to enable hi! to
f"lfill his obliations "nder the contract of sale& the
b"yer rep"diates the contract or notifies the seller to
proceed no f"rther therewith& the b"yer shall be liable
to the seller for labor perfor!ed or e)penses !ade
before receivin notice of the b"yer;s rep"diation or
co"nter!and. The profit the seller wo"ld have !ade if
the contract or the sale had been f"lly perfor!ed shall
be considered in awardin the da!aes. (n)
Art. 1+5/. 2here the oods have not been delivered
to the b"yer& and the b"yer has rep"diated the
contract of sale& or has !anifested his inability to
perfor! his obliations there"nder& or has co!!itted
a breach thereof& the seller !ay totally rescind the
contract of sale by ivin notice of his election so to
do to the b"yer. (n)
Art. 1+53. 2here the seller has broken a contract to
deliver specific or ascertained oods& a co"rt !ay& on
the application of the b"yer& direct that the contract
shall be perfor!ed specifically& witho"t ivin the
seller the option of retainin the oods on pay!ent of
da!aes. The ."d!ent or decree !ay be
"nconditional& or "pon s"ch ter!s and conditions as
to da!aes& pay!ent of the price and otherwise& as
the co"rt !ay dee! ."st. (n)
Art. 1+55. 2here there is a breach of warranty by the
seller& the b"yer !ay& at his election<
(1) Accept or keep the oods and set "p aainst the
seller& the breach of warranty by way of reco"p!ent
in di!in"tion or e)tinction of the price8
(2) Accept or keep the oods and !aintain an action
aainst the seller for da!aes for the breach of
warranty8
(') -ef"se to accept the oods& and !aintain an
action aainst the seller for da!aes for the breach of
warranty8
(*) -escind the contract of sale and ref"se to receive
the oods or if the oods have already been received&
ret"rn the! or offer to ret"rn the! to the seller and
recover the price or any part thereof which has been
paid.

2hen the b"yer has clai!ed and been ranted a
re!edy in anyone of these ways& no other re!edy
can thereafter be ranted& witho"t pre."dice to the
provisions of the second pararaph of Article 1151.
2here the oods have been delivered to the b"yer&
he cannot rescind the sale if he knew of the breach of
warranty when he accepted the oods witho"t protest&
or if he fails to notify the seller within a reasonable
ti!e of the election to rescind& or if he fails to ret"rn or
to offer to ret"rn the oods to the seller in
s"bstantially as ood condition as they were in at the
ti!e the ownership was transferred to the b"yer. B"t if
deterioration or in."ry of the oods is d"e to the
breach or warranty& s"ch deterioration or in."ry shall
not prevent the b"yer fro! ret"rnin or offerin to
ret"rn the oods to the seller and rescindin the sale.
2here the b"yer is entitled to rescind the sale and
elects to do so& he shall cease to be liable for the
price "pon ret"rnin or offerin to ret"rn the oods. (f
the price or any part thereof has already been paid&
the seller shall be liable to repay so !"ch thereof as
has been paid& conc"rrently with the ret"rn of the
oods& or i!!ediately after an offer to ret"rn the
oods in e)chane for repay!ent of the price.
2here the b"yer is entitled to rescind the sale and
elects to do so& if the seller ref"ses to accept an offer
of the b"yer to ret"rn the oods& the b"yer shall
thereafter be dee!ed to hold the oods as bailee for
the seller& b"t s"b.ect to a lien to sec"re pay!ent of
any portion of the price which has been paid& and with
the re!edies for the enforce!ent of s"ch lien allowed
to an "npaid seller by Article 1+2,.
(+) (n the case of breach of warranty of 0"ality& s"ch
loss& in the absence of special circ"!stances showin
pro)i!ate da!ae of a reater a!o"nt& is the
difference between the val"e of the oods at the ti!e
of delivery to the b"yer and the val"e they wo"ld have
had if they had answered to the warranty. (n)
C9APT:- /
:GT(6$?(@9=:6T #A @AL:

Art. 1,77. @ales are e)tin"ished by the sa!e ca"ses
as all other obliations& by those stated in the
precedin articles of this Title& and by conventional or
leal rede!ption. (1+7,)

@:CT(#6 1. 1 Conventional -ede!ption

Art. 1,71. Conventional rede!ption shall take place
when the vendor reserves the riht to rep"rchase the
thin sold& with the obliation to co!ply with the
provisions of Article 1,1, and other stip"lations which
!ay have been areed "pon. (1+7/)
Art. 1,72. The contract shall be pres"!ed to be an
e0"itable !ortae& in any of the followin cases<
(1) 2hen the price of a sale with riht to rep"rchase is
"n"s"ally inade0"ate8
(2) 2hen the vendor re!ains in possession as lessee
or otherwise8
(') 2hen "pon or after the e)piration of the riht to
rep"rchase another instr"!ent e)tendin the period
of rede!ption or rantin a new period is e)ec"ted8
(*) 2hen the p"rchaser retains for hi!self a part of
the p"rchase price8
(+) 2hen the vendor binds hi!self to pay the ta)es on
the thin sold8
(,) (n any other case where it !ay be fairly inferred
that the real intention of the parties is that the
transaction shall sec"re the pay!ent of a debt or the
perfor!ance of any other obliation.
(n any of the foreoin cases& any !oney& fr"its& or
other benefit to be received by the vendee as rent or
otherwise shall be considered as interest which shall
be s"b.ect to the "s"ry laws. (n)
Art. 1,7'. (n case of do"bt& a contract p"rportin to be
a sale with riht to rep"rchase shall be constr"ed as
an e0"itable !ortae. (n)
Art. 1,7*. The provisions of Article 1,72 shall also
apply to a contract p"rportin to be an absol"te sale.
(n)
Art. 1,7+. (n the cases referred to in Articles 1,72 and
1,7*& the apparent vendor !ay ask for the
refor!ation of the instr"!ent. (n)
Art. 1,7,. The riht referred to in Article 1,71& in the
absence of an e)press aree!ent& shall last fo"r
years fro! the date of the contract.
@ho"ld there be an aree!ent& the period cannot
e)ceed ten years.
9owever& the vendor !ay still e)ercise the riht to
rep"rchase within thirty days fro! the ti!e final
."d!ent was rendered in a civil action on the basis
that the contract was a tr"e sale with riht to
rep"rchase. (1+73a)
Art. 1,7/. (n case of real property& the consolidation
of ownership in the vendee by virt"e of the fail"re of
the vendor to co!ply with the provisions of article
1,1, shall not be recorded in the -eistry of Property
witho"t a ."dicial order& after the vendor has been
d"ly heard. (n)
Art. 1,73. The vendor !ay brin his action aainst
every possessor whose riht is derived fro! the
vendee& even if in the second contract no !ention
sho"ld have been !ade of the riht to rep"rchase&
witho"t pre."dice to the provisions of the =ortae
Law and the Land -eistration Law with respect to
third persons. (1+17)
Art. 1,75. The vendee is s"broated to the vendor;s
rihts and actions. (1+11)
Art. 1,17. The creditors of the vendor cannot !ake
"se of the riht of rede!ption aainst the vendee&
"ntil after they have e)ha"sted the property of the
vendor. (1+12)
Art. 1,11. (n a sale with a riht to rep"rchase& the
vendee of a part of an "ndivided i!!ovable who
ac0"ires the whole thereof in the case of article *53&
!ay co!pel the vendor to redee! the whole property&
if the latter wishes to !ake "se of the riht of
rede!ption. (1+1')
Art. 1,12. (f several persons& .ointly and in the sa!e
contract& sho"ld sell an "ndivided i!!ovable with a
riht of rep"rchase& none of the! !ay e)ercise this
riht for !ore than his respective share.
The sa!e r"le shall apply if the person who sold an
i!!ovable alone has left several heirs& in which case
each of the latter !ay only redee! the part which he
!ay have ac0"ired. (1+1*)
Art. 1,1'. (n the case of the precedin article& the
vendee !ay de!and of all the vendors or co1heirs
that they co!e to an aree!ent "pon the p"rchase of
the whole thin sold8 and sho"ld they fail to do so& the
vendee cannot be co!pelled to consent to a partial
rede!ption. (1+1+)
Art. 1,1*. :ach one of the co1owners of an "ndivided
i!!ovable who !ay have sold his share separately&
!ay independently e)ercise the riht of rep"rchase
as reards his own share& and the vendee cannot
co!pel hi! to redee! the whole property. (1+1,)
Art. 1,1+. (f the vendee sho"ld leave several heirs&
the action for rede!ption cannot be bro"ht aainst
each of the! e)cept for his own share& whether the
thin be "ndivided& or it has been partitioned a!on
the!.
B"t if the inheritance has been divided& and the thin
sold has been awarded to one of the heirs& the action
for rede!ption !ay be instit"ted aainst hi! for the
whole. (1+1/)
Art. 1,1,. The vendor cannot avail hi!self of the riht
of rep"rchase witho"t ret"rnin to the vendee the
price of the sale& and in addition<
(1) The e)penses of the contract& and any other
leiti!ate pay!ents !ade by reason of the sale8
(2) The necessary and "sef"l e)penses !ade on the
thin sold. (1+13)
Art. 1,1/. (f at the ti!e of the e)ec"tion of the sale
there sho"ld be on the land& visible or rowin fr"its&
there shall be no rei!b"rse!ent for or proratin of
those e)istin at the ti!e of rede!ption& if no
inde!nity was paid by the p"rchaser when the sale
was e)ec"ted.
@ho"ld there have been no fr"its at the ti!e of the
sale and so!e e)ist at the ti!e of rede!ption& they
shall be prorated between the rede!ptioner and the
vendee& ivin the latter the part correspondin to the
ti!e he possessed the land in the last year& co"nted
fro! the anniversary of the date of the sale. (1+15a)
Art. 1,13. The vendor who recovers the thin sold
shall receive it free fro! all chares or !ortaes
constit"ted by the vendee& b"t he shall respect the
leases which the latter !ay have e)ec"ted in ood
faith& and in accordance with the c"sto! of the place
where the land is sit"ated. (1+27)
@:CT(#6 2. 1 Leal -ede!ption

Art. 1,15. Leal rede!ption is the riht to be
s"broated& "pon the sa!e ter!s and conditions
stip"lated in the contract& in the place of one who
ac0"ires a thin by p"rchase or dation in pay!ent& or
by any other transaction whereby ownership is
trans!itted by onero"s title. (1+21a)
Art. 1,27. A co1owner of a thin !ay e)ercise the
riht of rede!ption in case the shares of all the other
co1owners or of any of the!& are sold to a third
person. (f the price of the alienation is rossly
e)cessive& the rede!ptioner shall pay only a
reasonable one.
@ho"ld two or !ore co1owners desire to e)ercise the
riht of rede!ption& they !ay only do so in proportion
to the share they !ay respectively have in the thin
owned in co!!on. (1+22a)
Art. 1,21. The owners of ad.oinin lands shall also
have the riht of rede!ption when a piece of r"ral
land& the area of which does not e)ceed one hectare&
is alienated& "nless the rantee does not own any
r"ral land.
This riht is not applicable to ad.acent lands which are
separated by brooks& drains& ravines& roads and other
apparent servit"des for the benefit of other estates.
(f two or !ore ad.oinin owners desire to e)ercise the
riht of rede!ption at the sa!e ti!e& the owner of the
ad.oinin land of s!aller area shall be preferred8 and
sho"ld both lands have the sa!e area& the one who
first re0"ested the rede!ption. (1+2'a)
Art. 1,22. 2henever a piece of "rban land which is so
s!all and so sit"ated that a !a.or portion thereof
cannot be "sed for any practical p"rpose within a
reasonable ti!e& havin been bo"ht !erely for
spec"lation& is abo"t to be re1sold& the owner of any
ad.oinin land has a riht of pre1e!ption at a
reasonable price.
(f the re1sale has been perfected& the owner of the
ad.oinin land shall have a riht of rede!ption& also at
a reasonable price.
2hen two or !ore owners of ad.oinin lands wish to
e)ercise the riht of pre1e!ption or rede!ption& the
owner whose intended "se of the land in 0"estion
appears best ."stified shall be preferred. (n)
Art. 1,2'. The riht of leal pre1e!ption or
rede!ption shall not be e)ercised e)cept within thirty
days fro! the notice in writin by the prospective
vendor& or by the vendor& as the case !ay be. The
deed of sale shall not be recorded in the -eistry of
Property& "nless acco!panied by an affidavit of the
vendor that he has iven written notice thereof to all
possible rede!ptioners.
The riht of rede!ption of co1owners e)cl"des that of
ad.oinin owners. (1+2*a)

C9APT:- 3
A@@($6=:6T #A C-:D(T@ A6D #T9:-
(6C#-P#-:AL -($9T@

Art. 1,2*. An assin!ent of creditors and other
incorporeal rihts shall be perfected in accordance
with the provisions of Article 1*/+. (n)
Art. 1,2+. An assin!ent of a credit& riht or action
shall prod"ce no effect as aainst third person& "nless
it appears in a p"blic instr"!ent& or the instr"!ent is
recorded in the -eistry of Property in case the
assin!ent involves real property. (1+2,)
Art. 1,2,. The debtor who& before havin knowlede
of the assin!ent& pays his creditor shall be released
fro! the obliation. (1+2/)
Art. 1,2/. The assin!ent of a credit incl"des all the
accessory rihts& s"ch as a "aranty& !ortae&
plede or preference. (1+23)
Art. 1,23. The vendor in ood faith shall be
responsible for the e)istence and leality of the credit
at the ti!e of the sale& "nless it sho"ld have been
sold as do"btf"l8 b"t not for the solvency of the
debtor& "nless it has been so e)pressly stip"lated or
"nless the insolvency was prior to the sale and of
co!!on knowlede.
:ven in these cases he shall only be liable for the
price received and for the e)penses specified in 6o. 1
of Article 1,1,.
The vendor in bad faith shall always be answerable
for the pay!ent of all e)penses& and for da!aes.
(1+25)
Art. 1,25. (n case the assinor in ood faith sho"ld
have !ade hi!self responsible for the solvency of the
debtor& and the contractin parties sho"ld not have
areed "pon the d"ration of the liability& it shall last for
one year only& fro! the ti!e of the assin!ent if the
period had already e)pired.
(f the credit sho"ld be payable within a ter! or period
which has not yet e)pired& the liability shall cease one
year after the !at"rity. (1+'7a)
Art. 1,'7. #ne who sells an inheritance witho"t
en"!eratin the thins of which it is co!posed& shall
only be answerable for his character as an heir.
(1+'1)
Art. 1,'1. #ne who sells for a l"!p s"! the whole of
certain rihts& rents& or prod"cts& shall co!ply by
answerin for the leiti!acy of the whole in eneral8
b"t he shall not be oblied to warrant each of the
vario"s parts of which it !ay be co!posed& e)cept in
the case of eviction fro! the whole or the part of
reater val"e. (1+'2a)
Art. 1,'2. @ho"ld the vendor have profited by so!e of
the fr"its or received anythin fro! the inheritance
sold& he shall pay the vendee thereof& if the contrary
has not been stip"lated. (1+'')
Art. 1,''. The vendee shall& on his part& rei!b"rse
the vendor for all that the latter !ay have paid for the
debts of and chares on the estate and satisfy the
credits he !ay have aainst the sa!e& "nless there is
an aree!ent to the contrary. (1+'*)
Art. 1,'*. 2hen a credit or other incorporeal riht in
litiation is sold& the debtor shall have a riht to
e)tin"ish it by rei!b"rsin the assinee for the price
the latter paid therefor& the ."dicial costs inc"rred by
hi!& and the interest on the price fro! the day on
which the sa!e was paid.
A credit or other incorporeal riht shall be considered
in litiation fro! the ti!e the co!plaint concernin the
sa!e is answered.
The debtor !ay e)ercise his riht within thirty days
fro! the date the assinee de!ands pay!ent fro!
hi!. (1+'+)
Art. 1,'+. Aro! the provisions of the precedin article
shall be e)cepted the assin!ents or sales !ade<
(1) To a co1heir or co1owner of the riht assined8
(2) To a creditor in pay!ent of his credit8
(') To the possessor of a tene!ent or piece of land
which is s"b.ect to the riht in litiation assined.
(1+',)
C9APT:- 5
$:6:-AL P-#>(@(#6@

Art. 1,',. (n the precedin articles in this Title
overnin the sale of oods& "nless the conte)t or
s"b.ect !atter otherwise re0"ires<
(1) "Doc"!ent of title to oods" incl"des any bill of
ladin& dock warrant& "0"edan&" or wareho"se receipt
or order for the delivery of oods& or any other
doc"!ent "sed in the ordinary co"rse of b"siness in
the sale or transfer of oods& as proof of the
possession or control of the oods& or a"thori%in or
p"rportin to a"thori%e the possessor of the doc"!ent
to transfer or receive& either by endorse!ent or by
delivery& oods represented by s"ch doc"!ent.
"$oods" incl"des all chattels personal b"t not thins
in action or !oney of leal tender in the Philippines.
The ter! incl"des rowin fr"its or crops.
"#rder" relatin to doc"!ents of title !eans an order
by endorse!ent on the doc"!ents.
"E"ality of oods" incl"des their state or condition.
"@pecific oods" !eans oods identified and areed
"pon at the ti!e a contract of sale is !ade.
An antecedent or pre1e)istin clai!& whether for
!oney or not& constit"tes "val"e" where oods or
doc"!ents of title are taken either in satisfaction
thereof or as sec"rity therefor.
(2) A person is insolvent within the !eanin of this
Title who either has ceased to pay his debts in the
ordinary co"rse of b"siness or cannot pay his debts
as they beco!e d"e& whether insolvency proceedins
have been co!!enced or not.
(') $oods are in a "deliverable state" within the
!eanin of this Title when they are in s"ch a state
that the b"yer wo"ld& "nder the contract& be bo"nd to
take delivery of the!. (n)
Art. 1,'/. The provisions of this Title are s"b.ect to
the r"les laid down by the =ortae Law and the
Land -eistration Law with reard to i!!ovable
property. (1+'/a)

Title >((. 1 BA-T:- #- :GC9A6$:

Art. 1,'3. By the contract of barter or e)chane one
of the parties binds hi!self to ive one thin in
consideration of the other;s pro!ise to ive another
thin. (1+'3a)
Art. 1,'5. (f one of the contractin parties& havin
received the thin pro!ised hi! in barter& sho"ld
prove that it did not belon to the person who ave it&
he cannot be co!pelled to deliver that which he
offered in e)chane& b"t he shall be entitled to
da!aes. (1+'5a)
Art. 1,*7. #ne who loses by eviction the thin
received in barter !ay recover that which he ave in
e)chane with a riht to da!aes& or he !ay only
de!and an inde!nity for da!aes. 9owever& he can
only !ake "se of the riht to recover the thin which
he has delivered while the sa!e re!ains in the
possession of the other party& and witho"t pre."dice to
the rihts ac0"ired in ood faith in the !eanti!e by a
third person. (1+*7a)
Art. 1,*1. As to all !atters not specifically provided
for in this Title& barter shall be overned by the
provisions of the precedin Title relatin to sales.
(1+*1a)

Title >(((. 1 L:A@:

C9APT:- 1
$:6:-AL P-#>(@(#6@

Art. 1,*2. The contract of lease !ay be of thins& or
of work and service. (1+*2)
Art. 1,*'. (n the lease of thins& one of the parties
binds hi!self to ive to another the en.oy!ent or "se
of a thin for a price certain& and for a period which
!ay be definite or indefinite. 9owever& no lease for
!ore than ninety1nine years shall be valid. (1+*'a)
Art. 1,**. (n the lease of work or service& one of the
parties binds hi!self to e)ec"te a piece of work or to
render to the other so!e service for a price certain&
b"t the relation of principal and aent does not e)ist
between the!. (1+**a)
Art. 1,*+. Cons"!able oods cannot be the s"b.ect
!atter of a contract of lease& e)cept when they are
!erely to be e)hibited or when they are accessory to
an ind"strial establish!ent. (1+*+a)

C9APT:- 2
L:A@: #A -?-AL A6D ?-BA6 LA6D@

@:CT(#6 1. 1 $eneral Provisions

Art. 1,*,. The persons dis0"alified to b"y referred to
in Articles 1*57 and 1*51& are also dis0"alified to
beco!e lessees of the thins !entioned therein. (n)
Art. 1,*/. (f a lease is to be recorded in the -eistry
of Property& the followin persons cannot constit"te
the sa!e witho"t proper a"thority< the h"sband with
respect to the wife;s paraphernal real estate& the
father or "ardian as to the property of the !inor or
ward& and the !anaer witho"t special power.
(1+*3a)
Art. 1,*3. :very lease of real estate !ay be recorded
in the -eistry of Property. ?nless a lease is
recorded& it shall not be bindin "pon third persons.
(1+*5a)
Art. 1,*5. The lessee cannot assin the lease witho"t
the consent of the lessor& "nless there is a stip"lation
to the contrary. (n)
Art. 1,+7. 2hen in the contract of lease of thins
there is no e)press prohibition& the lessee !ay s"blet
the thin leased& in whole or in part& witho"t pre."dice
to his responsibility for the perfor!ance of the
contract toward the lessor. (1++7)
Art. 1,+1. 2itho"t pre."dice to his obliation toward
the s"blessor& the s"blessee is bo"nd to the lessor for
all acts which refer to the "se and preservation of the
thin leased in the !anner stip"lated between the
lessor and the lessee. (1++1)
Art. 1,+2. The s"blessee is s"bsidiarily liable to the
lessor for any rent d"e fro! the lessee. 9owever& the
s"blessee shall not be responsible beyond the
a!o"nt of rent d"e fro! hi!& in accordance with the
ter!s of the s"blease& at the ti!e of the e)tra."dicial
de!and by the lessor.
Pay!ents of rent in advance by the s"blessee shall
be dee!ed not to have been !ade& so far as the
lessor;s clai! is concerned& "nless said pay!ents
were effected in virt"e of the c"sto! of the place.
(1++2a)
Art. 1,+'. The provisions overnin warranty&
contained in the Title on @ales& shall be applicable to
the contract of lease.
(n the cases where the ret"rn of the price is re0"ired&
red"ction shall be !ade in proportion to the ti!e
d"rin which the lessee en.oyed the thin. (1++')
@:CT(#6 2. 1 -ihts and #bliations of the Lessor
and the Lessee
Art. 1,+*. The lessor is oblied<
(1) To deliver the thin which is the ob.ect of the
contract in s"ch a condition as to render it fit for the
"se intended8
(2) To !ake on the sa!e d"rin the lease all the
necessary repairs in order to keep it s"itable for the
"se to which it has been devoted& "nless there is a
stip"lation to the contrary8
(') To !aintain the lessee in the peacef"l and
ade0"ate en.oy!ent of the lease for the entire
d"ration of the contract. (1++*a)
Art. 1,++. (f the thin leased is totally destroyed by a
fort"ito"s event& the lease is e)tin"ished. (f the
destr"ction is partial& the lessee !ay choose between
a proportional red"ction of the rent and a rescission of
the lease. (n)
Art. 1,+,. The lessor of a b"siness or ind"strial
establish!ent !ay contin"e enain in the sa!e
b"siness or ind"stry to which the lessee devotes the
thin leased& "nless there is a stip"lation to the
contrary. (n)
Art. 1,+/. The lessee is oblied<
(1) To pay the price of the lease accordin to the
ter!s stip"lated8
(2) To "se the thin leased as a dilient father of a
fa!ily& devotin it to the "se stip"lated8 and in the
absence of stip"lation& to that which !ay be inferred
fro! the nat"re of the thin leased& accordin to the
c"sto! of the place8
(') To pay e)penses for the deed of lease. (1+++)
Art. 1,+3. The lessee !ay s"spend the pay!ent of
the rent in case the lessor fails to !ake the necessary
repairs or to !aintain the lessee in peacef"l and
ade0"ate en.oy!ent of the property leased. (n)
Art. 1,+5. (f the lessor or the lessee sho"ld not
co!ply with the obliations set forth in Articles 1,+*
and 1,+/& the arieved party !ay ask for the
rescission of the contract and inde!nification for
da!aes& or only the latter& allowin the contract to
re!ain in force. (1++,)
Art. 1,,7. (f a dwellin place or any other b"ildin
intended for h"!an habitation is in s"ch a condition
that its "se brins i!!inent and serio"s daner to life
or health& the lessee !ay ter!inate the lease at once
by notifyin the lessor& even if at the ti!e the contract
was perfected the for!er knew of the danero"s
condition or waived the riht to rescind the lease on
acco"nt of this condition. (n)
Art. 1,,1. The lessor cannot alter the for! of the thin
leased in s"ch a way as to i!pair the "se to which the
thin is devoted "nder the ter!s of the lease. (1++/a)
Art. 1,,2. (f d"rin the lease it sho"ld beco!e
necessary to !ake so!e "rent repairs "pon the
thin leased& which cannot be deferred "ntil the
ter!ination of the lease& the lessee is oblied to
tolerate the work& altho"h it !ay be very annoyin to
hi!& and altho"h d"rin the sa!e& he !ay be
deprived of a part of the pre!ises.
(f the repairs last !ore than forty days the rent shall
be red"ced in proportion to the ti!e 1 incl"din the
first forty days 1 and the part of the property of which
the lessee has been deprived.
2hen the work is of s"ch a nat"re that the portion
which the lessee and his fa!ily need for their dwellin
beco!es "ninhabitable& he !ay rescind the contract if
the !ain p"rpose of the lease is to provide a dwellin
place for the lessee. (1++3a)
Art. 1,,'. The lessee is oblied to brin to the
knowlede of the proprietor& within the shortest
possible ti!e& every "s"rpation or "ntoward act which
any third person !ay have co!!itted or !ay be
openly preparin to carry o"t "pon the thin leased.
9e is also oblied to advise the owner& with the sa!e
"rency& of the need of all repairs incl"ded in 6o. 2 of
Article 1,+*.
(n both cases the lessee shall be liable for the
da!aes which& thro"h his nelience& !ay be
s"ffered by the proprietor.
(f the lessor fails to !ake "rent repairs& the lessee& in
order to avoid an i!!inent daner& !ay order the
repairs at the lessor;s cost. (1++5a)
Art. 1,,*. The lessor is not oblied to answer for a
!ere act of trespass which a third person !ay ca"se
on the "se of the thin leased8 b"t the lessee shall
have a direct action aainst the intr"der.
There is a !ere act of trespass when the third person
clai!s no riht whatever. (1+,7a)
Art. 1,,+. The lessee shall ret"rn the thin leased&
"pon the ter!ination of the lease& as he received it&
save what has been lost or i!paired by the lapse of
ti!e& or by ordinary wear and tear& or fro! an
inevitable ca"se. (1+,1a)
Art. 1,,,. (n the absence of a state!ent concernin
the condition of the thin at the ti!e the lease was
constit"ted& the law pres"!es that the lessee
received it in ood condition& "nless there is proof to
the contrary. (1+,2)
Art. 1,,/. The lessee is responsible for the
deterioration or loss of the thin leased& "nless he
proves that it took place witho"t his fa"lt. This b"rden
of proof on the lessee does not apply when the
destr"ction is d"e to earth0"ake& flood& stor! or other
nat"ral cala!ity. (1+,'a)
Art. 1,,3. The lessee is liable for any deterioration
ca"sed by !e!bers of his ho"sehold and by "ests
and visitors. (1+,*a)
Art. 1,,5. (f the lease was !ade for a deter!inate
ti!e& it ceases "pon the day fi)ed& witho"t the need of
a de!and. (1+,+)
Art. 1,/7. (f at the end of the contract the lessee
sho"ld contin"e en.oyin the thin leased for fifteen
days with the ac0"iescence of the lessor& and "nless
a notice to the contrary by either party has previo"sly
been iven& it is "nderstood that there is an i!plied
new lease& not for the period of the oriinal contract&
b"t for the ti!e established in Articles 1,32 and 1,3/.
The other ter!s of the oriinal contract shall be
revived. (1+,,a)
Art. 1,/1. (f the lessee contin"es en.oyin the thin
after the e)piration of the contract& over the lessor;s
ob.ection& the for!er shall be s"b.ect to the
responsibilities of a possessor in bad faith. (n)
Art. 1,/2. (n case of an i!plied new lease& the
obliations contracted by a third person for the
sec"rity of the principal contract shall cease with
respect to the new lease. (1+,/)
Art. 1,/'. The lessor !ay ."dicially e.ect the lessee
for any of the followin ca"ses<
(1) 2hen the period areed "pon& or that which is
fi)ed for the d"ration of leases "nder Articles 1,32
and 1,3/& has e)pired8
(2) Lack of pay!ent of the price stip"lated8
(') >iolation of any of the conditions areed "pon in
the contract8
(*) 2hen the lessee devotes the thin leased to any
"se or service not stip"lated which ca"ses the
deterioration thereof8 or if he does not observe the
re0"ire!ent in 6o. 2 of Article 1,+/& as reards the
"se thereof.
The e.ect!ent of tenants of aric"lt"ral lands is
overned by special laws. (1+,5a)
Art. 1,/*. (n e.ect!ent cases where an appeal is
taken the re!edy ranted in Article +'5& second
pararaph& shall also apply& if the hiher co"rt is
satisfied that the lessee;s appeal is frivolo"s or
dilatory& or that the lessor;s appeal is pri!a facie
!eritorio"s. The period of ten days referred to in said
article shall be co"nted fro! the ti!e the appeal is
perfected. (n)
Art. 1,/+. :)cept in cases stated in Article 1,/'& the
lessee shall have a riht to !ake "se of the periods
established in Articles 1,32 and 1,3/. (1+/7)
Art. 1,/,. The p"rchaser of a piece of land which is
"nder a lease that is not recorded in the -eistry of
Property !ay ter!inate the lease& save when there is
a stip"lation to the contrary in the contract of sale& or
when the p"rchaser knows of the e)istence of the
lease.
(f the b"yer !akes "se of this riht& the lessee !ay
de!and that he be allowed to ather the fr"its of the
harvest which corresponds to the c"rrent aric"lt"ral
year and that the vendor inde!nify hi! for da!aes
s"ffered.
(f the sale is fictitio"s& for the p"rpose of e)tin"ishin
the lease& the s"pposed vendee cannot !ake "se of
the riht ranted in the first pararaph of this article.
The sale is pres"!ed to be fictitio"s if at the ti!e the
s"pposed vendee de!ands the ter!ination of the
lease& the sale is not recorded in the -eistry of
Property. (1+/1a)
Art. 1,//. The p"rchaser in a sale with the riht of
rede!ption cannot !ake "se of the power to e.ect the
lessee "ntil the end of the period for the rede!ption.
(1+/2)
Art. 1,/3. (f the lessee !akes& in ood faith& "sef"l
i!prove!ents which are s"itable to the "se for which
the lease is intended& witho"t alterin the for! or
s"bstance of the property leased& the lessor "pon the
ter!ination of the lease shall pay the lessee one1half
of the val"e of the i!prove!ents at that ti!e. @ho"ld
the lessor ref"se to rei!b"rse said a!o"nt& the
lessee !ay re!ove the i!prove!ents& even tho"h
the principal thin !ay s"ffer da!ae thereby. 9e
shall not& however& ca"se any !ore i!pair!ent "pon
the property leased than is necessary.
2ith reard to orna!ental e)penses& the lessee shall
not be entitled to any rei!b"rse!ent& b"t he !ay
re!ove the orna!ental ob.ects& provided no da!ae
is ca"sed to the principal thin& and the lessor does
not choose to retain the! by payin their val"e at the
ti!e the lease is e)tin"ished. (n)
Art. 1,/5. (f nothin has been stip"lated concernin
the place and the ti!e for the pay!ent of the lease&
the provisions or Article 12+1 shall be observed as
reards the place8 and with respect to the ti!e& the
c"sto! of the place shall be followed. (1+/*)

@:CT(#6 '. 1 @pecial Provisions for Leases of -"ral
Lands

Art. 1,37. The lessee shall have no riht to a
red"ction of the rent on acco"nt of the sterility of the
land leased& or by reason of the loss of fr"its d"e to
ordinary fort"ito"s events8 b"t he shall have s"ch riht
in case of the loss of !ore than one1half of the fr"its
thro"h e)traordinary and "nforeseen fort"ito"s
events& save always when there is a specific
stip"lation to the contrary.
:)traordinary fort"ito"s events are "nderstood to be<
fire& war& pestilence& "n"s"al flood& loc"sts&
earth0"ake& or others which are "nco!!on& and
which the contractin parties co"ld not have
reasonably foreseen. (1+/+)
Art. 1,31. 6either does the lessee have any riht to a
red"ction of the rent if the fr"its are lost after they
have been separated fro! their stalk& root or tr"nk.
(1+/,)
Art. 1,32. The lease of a piece of r"ral land& when its
d"ration has not been fi)ed& is "nderstood to have
been for all the ti!e necessary for the atherin of the
fr"its which the whole estate leased !ay yield in one
year& or which it !ay yield once& altho"h two or !ore
years have to elapse for the p"rpose. (1+//a)
Art. 1,3'. The o"toin lessee shall allow the
inco!in lessee or the lessor the "se of the pre!ises
and other !eans necessary for the preparatory labor
for the followin year8 and& reciprocally& the inco!in
lessee or the lessor is "nder obliation to per!it the
o"toin lessee to do whatever !ay be necessary for
the atherin or harvestin and "tili%ation of the fr"its&
all in accordance with the c"sto! of the place.
(1+/3a)
Art. 1,3*. Land tenancy on shares shall be overned
by special laws& the stip"lations of the parties& the
provisions on partnership and by the c"sto!s of the
place. (1+/5a)
Art. 1,3+. The tenant on shares cannot be e.ected
e)cept in cases specified by law. (n)
@:CT(#6 *. 1 @pecial Provisions of the Lease of
?rban Lands
Art. 1,3,. (n defa"lt of a special stip"lation& the
c"sto! of the place shall be observed with reard to
the kind of repairs on "rban property for which the
lessor shall be liable. (n case of do"bt it is "nderstood
that the repairs are chareable aainst hi!. (1+37a)
Art. 1,3/. (f the period for the lease has not been
fi)ed& it is "nderstood to be fro! year to year& if the
rent areed "pon is ann"al8 fro! !onth to !onth& if it
is !onthly8 fro! week to week& if the rent is weekly8
and fro! day to day& if the rent is to be paid daily.
9owever& even tho"h a !onthly rent is paid& and no
period for the lease has been set& the co"rts !ay fi) a
loner ter! for the lease after the lessee has
occ"pied the pre!ises for over one year. (f the rent is
weekly& the co"rts !ay likewise deter!ine a loner
period after the lessee has been in possession for
over si) !onths. (n case of daily rent& the co"rts !ay
also fi) a loner period after the lessee has stayed in
the place for over one !onth. (1+31a)
Art. 1,33. 2hen the lessor of a ho"se& or part thereof&
"sed as a dwellin for a fa!ily& or when the lessor of
a store& or ind"strial establish!ent& also leases the
f"rnit"re& the lease of the latter shall be dee!ed to be
for the d"ration of the lease of the pre!ises. (1+32)

C9APT:- '
2#-H A6D LAB#-

@:CT(#6 1. 1 9o"sehold @ervice (n)

Art. 1,35. 9o"sehold service shall always be
reasonably co!pensated. Any stip"lation that
ho"sehold service is witho"t co!pensation shall be
void. @"ch co!pensation shall be in addition to the
ho"se helper;s lodin& food& and !edical attendance.
Art. 1,57. The head of the fa!ily shall f"rnish& free of
chare& to the ho"se helper& s"itable and sanitary
0"arters as well as ade0"ate food and !edical
attendance.
Art. 1,51. (f the ho"se helper is "nder the ae of
eihteen years& the head of the fa!ily shall ive an
opport"nity to the ho"se helper for at least ele!entary
ed"cation. The cost of s"ch ed"cation shall be a part
of the ho"se helper;s co!pensation& "nless there is a
stip"lation to the contrary.
Art. 1,52. 6o contract for ho"sehold service shall last
for !ore than two years. 9owever& s"ch contract !ay
be renewed fro! year to year.
Art. 1,5'. The ho"se helper;s clothes shall be s"b.ect
to stip"lation. 9owever& any contract for ho"sehold
service shall be void if thereby the ho"se helper
cannot afford to ac0"ire s"itable clothin.
Art. 1,5*. The head of the fa!ily shall treat the ho"se
helper in a ."st and h"!ane !anner. (n no case shall
physical violence be "sed "pon the ho"se helper.
Art. 1,5+. 9o"se helper shall not be re0"ired to work
!ore than ten ho"rs a day. :very ho"se helper shall
be allowed fo"r days; vacation each !onth& with pay.
Art. 1,5,. (n case of death of the ho"se helper& the
head of the fa!ily shall bear the f"neral e)penses if
the ho"se helper has no relatives in the place where
the head of the fa!ily lives& with s"fficient !eans
therefor.
Art. 1,5/. (f the period for ho"sehold service is fi)ed
neither the head of the fa!ily nor the ho"se helper
!ay ter!inate the contract before the e)piration of
the ter!& e)cept for a ."st ca"se. (f the ho"se helper
is "n."stly dis!issed& he shall be paid the
co!pensation already earned pl"s that for fifteen
days by way of inde!nity. (f the ho"se helper leaves
witho"t ."stifiable reason& he shall forfeit any salary
d"e hi! and "npaid& for not e)ceedin fifteen days.
Art. 1,53. (f the d"ration of the ho"sehold service is
not deter!ined either by stip"lation or by the nat"re of
the service& the head of the fa!ily or the ho"se helper
!ay ive notice to p"t an end to the service relation&
accordin to the followin r"les<
(1) (f the co!pensation is paid by the day& notice !ay
be iven on any day that the service shall end at the
close of the followin day8
(2) (f the co!pensation is paid by the week& notice
!ay be iven& at the latest on the first b"siness day of
the week& that the service shall be ter!inated at the
end of the seventh day fro! the beinnin of the
week8
(') (f the co!pensation is paid by the !onth& notice
!ay be iven& at the latest& on the fifth day of the
!onth& that the service shall cease at the end of the
!onth.
Art. 1,55. ?pon the e)tin"ish!ent of the service
relation& the ho"se helper !ay de!and fro! the head
of the fa!ily a written state!ent on the nat"re and
d"ration of the service and the efficiency and cond"ct
of the ho"se helper.

@:CT(#6 2. 1 Contract of Labor (n)

Art. 1/77. The relations between capital and labor are
not !erely contract"al. They are so i!pressed with
p"blic interest that labor contracts !"st yield to the
co!!on ood. Therefore& s"ch contracts are s"b.ect
to the special laws on labor "nions& collective
barainin& strikes and locko"ts& closed shop& waes&
workin conditions& ho"rs of labor and si!ilar
s"b.ects.
Art. 1/71. 6either capital nor labor shall act
oppressively aainst the other& or i!pair the interest
or convenience of the p"blic.
Art. 1/72. (n case of do"bt& all labor leislation and all
labor contracts shall be constr"ed in favor of the
safety and decent livin for the laborer.
Art. 1/7'. 6o contract which practically a!o"nts to
invol"ntary servit"de& "nder any "ise whatsoever&
shall be valid.
Art. 1/7*. (n collective barainin& the labor "nion or
!e!bers of the board or co!!ittee sinin the
contract shall be liable for non1f"lfill!ent thereof.
Art. 1/7+. The laborer;s waes shall be paid in leal
c"rrency.
Art. 1/7,. 2ithholdin of the waes& e)cept for a debt
d"e& shall not be !ade by the e!ployer.
Art. 1/7/. The laborer;s waes shall be a lien on the
oods !an"fact"red or the work done.
Art. 1/73. The laborer;s waes shall not be s"b.ect to
e)ec"tion or attach!ent& e)cept for debts inc"rred for
food& shelter& clothin and !edical attendance.
Art. 1/75. The e!ployer shall neither sei%e nor retain
any tool or other articles belonin to the laborer.
Art. 1/17. Dis!issal of laborers shall be s"b.ect to the
s"pervision of the $overn!ent& "nder special laws.
Art. 1/11. #wners of enterprises and other e!ployers
are oblied to pay co!pensation for the death of or
in."ries to their laborers& work!en& !echanics or
other e!ployees& even tho"h the event !ay have
been p"rely accidental or entirely d"e to a fort"ito"s
ca"se& if the death or personal in."ry arose o"t of and
in the co"rse of the e!ploy!ent. The e!ployer is
also liable for co!pensation if the e!ployee contracts
any illness or disease ca"sed by s"ch e!ploy!ent or
as the res"lt of the nat"re of the e!ploy!ent. (f the
!ishap was d"e to the e!ployee;s own notorio"s
nelience& or vol"ntary act& or dr"nkenness& the
e!ployer shall not be liable for co!pensation. 2hen
the e!ployee;s lack of d"e care contrib"ted to his
death or in."ry& the co!pensation shall be e0"itably
red"ced.
Art. 1/12. (f the death or in."ry is d"e to the
nelience of a fellow worker& the latter and the
e!ployer shall be solidarily liable for co!pensation. (f
a fellow worker;s intentional !alicio"s act is the only
ca"se of the death or in."ry& the e!ployer shall not be
answerable& "nless it sho"ld be shown that the latter
did not e)ercise d"e dilience in the selection or
s"pervision of the plaintiff;s fellow worker.

@:CT(#6 '. 1 Contract for a Piece of 2ork

Art. 1/1'. By the contract for a piece of work the
contractor binds hi!self to e)ec"te a piece of work for
the e!ployer& in consideration of a certain price or
co!pensation. The contractor !ay either e!ploy only
his labor or skill& or also f"rnish the !aterial. (1+33a)
Art. 1/1*. (f the contractor arees to prod"ce the work
fro! !aterial f"rnished by hi!& he shall deliver the
thin prod"ced to the e!ployer and transfer do!inion
over the thin. This contract shall be overned by the
followin articles as well as by the pertinent provisions
on warranty of title and aainst hidden defects and
the pay!ent of price in a contract of sale. (n)
Art. 1/1+. The contract shall e)ec"te the work in s"ch
a !anner that it has the 0"alities areed "pon and
has no defects which destroy or lessen its val"e or
fitness for its ordinary or stip"lated "se. @ho"ld the
work be not of s"ch 0"ality& the e!ployer !ay re0"ire
that the contractor re!ove the defect or e)ec"te
another work. (f the contract fails or ref"ses to co!ply
with this obliation& the e!ployer !ay have the defect
re!oved or another work e)ec"ted& at the contractor;s
cost. (n)
Art. 1/1,. An aree!ent waivin or li!itin the
contractor;s liability for any defect in the work is void if
the contractor acted fra"d"lently. (n)
Art. 1/1/. (f the contractor bo"nd hi!self to f"rnish
the !aterial& he shall s"ffer the loss if the work sho"ld
be destroyed before its delivery& save when there has
been delay in receivin it. (1+35)
Art. 1/13. The contractor who has "ndertaken to p"t
only his work or skill& cannot clai! any co!pensation
if the work sho"ld be destroyed before its delivery&
"nless there has been delay in receivin it& or if the
destr"ction was ca"sed by the poor 0"ality of the
!aterial& provided this fact was co!!"nicated in d"e
ti!e to the owner. (f the !aterial is lost thro"h a
fort"ito"s event& the contract is e)tin"ished. (1+57a)
Art. 1/15. Acceptance of the work by the e!ployer
relieves the contractor of liability for any defect in the
work& "nless<
(1) The defect is hidden and the e!ployer is not& by
his special knowlede& e)pected to reconi%e the
sa!e8 or
(2) The e!ployer e)pressly reserves his rihts
aainst the contractor by reason of the defect. (n)
Art. 1/27. The price or co!pensation shall be paid at
the ti!e and place of delivery of the work& "nless
there is a stip"lation to the contrary. (f the work is to
be delivered partially& the price or co!pensation for
each part havin been fi)ed& the s"! shall be paid at
the ti!e and place of delivery& in the absence if
stip"lation. (n)
Art. 1/21. (f& in the e)ec"tion of the work& an act of the
e!ployer is re0"ired& and he inc"rs in delay or fails to
perfor! the act& the contractor is entitled to a
reasonable co!pensation.
The a!o"nt of the co!pensation is co!p"ted& on the
one hand& by the d"ration of the delay and the
a!o"nt of the co!pensation stip"lated& and on the
other hand& by what the contractor has saved in
e)penses by reason of the delay or is able to earn by
a different e!ploy!ent of his ti!e and ind"stry. (n)
Art. 1/22. (f the work cannot be co!pleted on acco"nt
of a defect in the !aterial f"rnished by the e!ployer&
or beca"se of orders fro! the e!ployer& witho"t any
fa"lt on the part of the contractor& the latter has a riht
to an e0"itable part of the co!pensation
proportionally to the work done& and rei!b"rse!ent
for proper e)penses !ade. (n)
Art. 1/2'. The enineer or architect who drew "p the
plans and specifications for a b"ildin is liable for
da!aes if within fifteen years fro! the co!pletion of
the str"ct"re& the sa!e sho"ld collapse by reason of
a defect in those plans and specifications& or d"e to
the defects in the ro"nd. The contractor is likewise
responsible for the da!aes if the edifice falls& within
the sa!e period& on acco"nt of defects in the
constr"ction or the "se of !aterials of inferior 0"ality
f"rnished by hi!& or d"e to any violation of the ter!s
of the contract. (f the enineer or architect s"pervises
the constr"ction& he shall be solidarily liable with the
contractor.
Acceptance of the b"ildin& after co!pletion& does not
i!ply waiver of any of the ca"se of action by reason
of any defect !entioned in the precedin pararaph.
The action !"st be bro"ht within ten years followin
the collapse of the b"ildin. (n)
Art. 1/2*. The contractor who "ndertakes to b"ild a
str"ct"re or any other work for a stip"lated price& in
confor!ity with plans and specifications areed "pon
with the land1owner& can neither withdraw fro! the
contract nor de!and an increase in the price on
acco"nt of the hiher cost of labor or !aterials& save
when there has been a chane in the plans and
specifications& provided<
(1) @"ch chane has been a"thori%ed by the
proprietor in writin8 and
(2) The additional price to be paid to the contractor
has been deter!ined in writin by both parties.
(1+5'a)
Art. 1/2+. The owner !ay withdraw at will fro! the
constr"ction of the work& altho"h it !ay have been
co!!enced& inde!nifyin the contractor for all the
latter;s e)penses& work& and the "sef"lness which the
owner !ay obtain therefro!& and da!aes. (1+5*a)
Art. 1/2,. 2hen a piece of work has been entr"sted
to a person by reason of his personal 0"alifications&
the contract is rescinded "pon his death.
(n this case the proprietor shall pay the heirs of the
contractor in proportion to the price areed "pon& the
val"e of the part of the work done& and of the
!aterials prepared& provided the latter yield hi! so!e
benefit.
The sa!e r"le shall apply if the contractor cannot
finish the work d"e to circ"!stances beyond his
control. (1+5+)
Art. 1/2/. The contractor is responsible for the work
done by persons e!ployed by hi!. (1+5,)
Art. 1/23. The contractor is liable for all the clai!s of
laborers and others e!ployed by hi!& and of third
persons for death or physical in."ries d"rin the
constr"ction. (n)
Art. 1/25. Those who p"t their labor "pon or f"rnish
!aterials for a piece of work "ndertaken by the
contractor have an action aainst the owner "p to the
a!o"nt owin fro! the latter to the contractor at the
ti!e the clai! is !ade. 9owever& the followin shall
not pre."dice the laborers& e!ployees and f"rnishers
of !aterials<
(1) Pay!ents !ade by the owner to the contractor
before they are d"e8
(2) -en"nciation by the contractor of any a!o"nt d"e
hi! fro! the owner.
This article is s"b.ect to the provisions of special laws.
(1+5/a)
Art. 1/'7. (f it is areed that the work shall be
acco!plished to the satisfaction of the proprietor& it is
"nderstood that in case of disaree!ent the 0"estion
shall be s"b.ect to e)pert ."d!ent.
(f the work is s"b.ect to the approval of a third person&
his decision shall be final& e)cept in case of fra"d or
!anifest error. (1+53a)
Art. 1/'1. 9e who has e)ec"ted work "pon a
!ovable has a riht to retain it by way of plede "ntil
he is paid. (1,77)

@:CT(#6 *. 1 Co!!on Carriers (n)

@?B@:CT(#6 1. 1 $eneral Provisions

Art. 1/'2. Co!!on carriers are persons&
corporations& fir!s or associations enaed in the
b"siness of carryin or transportin passeners or
oods or both& by land& water& or air& for
co!pensation& offerin their services to the p"blic.
Art. 1/''. Co!!on carriers& fro! the nat"re of their
b"siness and for reasons of p"blic policy& are bo"nd
to observe e)traordinary dilience in the viilance
over the oods and for the safety of the passeners
transported by the!& accordin to all the
circ"!stances of each case.
@"ch e)traordinary dilience in the viilance over the
oods is f"rther e)pressed in Articles 1/'*& 1/'+& and
1/*+& 6os. +& ,& and /& while the e)traordinary
dilience for the safety of the passeners is f"rther
set forth in Articles 1/++ and 1/+,.

@?B@:CT(#6 2. 1 >iilance #ver $oods

Art. 1/'*. Co!!on carriers are responsible for the
loss& destr"ction& or deterioration of the oods& "nless
the sa!e is d"e to any of the followin ca"ses only<
(1) Alood& stor!& earth0"ake& lihtnin& or other
nat"ral disaster or cala!ity8
(2) Act of the p"blic ene!y in war& whether
international or civil8
(') Act of o!ission of the shipper or owner of the
oods8
(*) The character of the oods or defects in the
packin or in the containers8
(+) #rder or act of co!petent p"blic a"thority.
Art. 1/'+. (n all cases other than those !entioned in
6os. 1& 2& '& *& and + of the precedin article& if the
oods are lost& destroyed or deteriorated& co!!on
carriers are pres"!ed to have been at fa"lt or to have
acted neliently& "nless they prove that they
observed e)traordinary dilience as re0"ired in Article
1/''.
Art. 1/',. The e)traordinary responsibility of the
co!!on carrier lasts fro! the ti!e the oods are
"nconditionally placed in the possession of& and
received by the carrier for transportation "ntil the
sa!e are delivered& act"ally or constr"ctively& by the
carrier to the consinee& or to the person who has a
riht to receive the!& witho"t pre."dice to the
provisions of Article 1/'3.
Art. 1/'/. The co!!on carrier;s d"ty to observe
e)traordinary dilience over the oods re!ains in f"ll
force and effect even when they are te!porarily
"nloaded or stored in transit& "nless the shipper or
owner has !ade "se of the riht of stoppae in
transit".
Art. 1/'3. The e)traordinary liability of the co!!on
carrier contin"es to be operative even d"rin the ti!e
the oods are stored in a wareho"se of the carrier at
the place of destination& "ntil the consinee has been
advised of the arrival of the oods and has had
reasonable opport"nity thereafter to re!ove the! or
otherwise dispose of the!.
Art. 1/'5. (n order that the co!!on carrier !ay be
e)e!pted fro! responsibility& the nat"ral disaster
!"st have been the pro)i!ate and only ca"se of the
loss. 9owever& the co!!on carrier !"st e)ercise d"e
dilience to prevent or !ini!i%e loss before& d"rin
and after the occ"rrence of flood& stor! or other
nat"ral disaster in order that the co!!on carrier !ay
be e)e!pted fro! liability for the loss& destr"ction& or
deterioration of the oods. The sa!e d"ty is
inc"!bent "pon the co!!on carrier in case of an act
of the p"blic ene!y referred to in Article 1/'*& 6o. 2.
Art. 1/*7. (f the co!!on carrier neliently inc"rs in
delay in transportin the oods& a nat"ral disaster
shall not free s"ch carrier fro! responsibility.
Art. 1/*1. (f the shipper or owner !erely contrib"ted
to the loss& destr"ction or deterioration of the oods&
the pro)i!ate ca"se thereof bein the nelience of
the co!!on carrier& the latter shall be liable in
da!aes& which however& shall be e0"itably red"ced.
Art. 1/*2. :ven if the loss& destr"ction& or
deterioration of the oods sho"ld be ca"sed by the
character of the oods& or the fa"lty nat"re of the
packin or of the containers& the co!!on carrier !"st
e)ercise d"e dilience to forestall or lessen the loss.
Art. 1/*'. (f thro"h the order of p"blic a"thority the
oods are sei%ed or destroyed& the co!!on carrier is
not responsible& provided said p"blic a"thority had
power to iss"e the order.
Art. 1/**. A stip"lation between the co!!on carrier
and the shipper or owner li!itin the liability of the
for!er for the loss& destr"ction& or deterioration of the
oods to a deree less than e)traordinary dilience
shall be valid& provided it be<
(1) (n writin& sined by the shipper or owner8
(2) @"pported by a val"able consideration other than
the service rendered by the co!!on carrier8 and
(') -easonable& ."st and not contrary to p"blic policy.
Art. 1/*+. Any of the followin or si!ilar stip"lations
shall be considered "nreasonable& "n."st and
contrary to p"blic policy<
(1) That the oods are transported at the risk of the
owner or shipper8
(2) That the co!!on carrier will not be liable for any
loss& destr"ction& or deterioration of the oods8
(') That the co!!on carrier need not observe any
dilience in the c"stody of the oods8
(*) That the co!!on carrier shall e)ercise a deree
of dilience less than that of a ood father of a fa!ily&
or of a !an of ordinary pr"dence in the viilance over
the !ovables transported8
(+) That the co!!on carrier shall not be responsible
for the acts or o!ission of his or its e!ployees8
(,) That the co!!on carrier;s liability for acts
co!!itted by thieves& or of robbers who do not act
with rave or irresistible threat& violence or force& is
dispensed with or di!inished8
(/) That the co!!on carrier is not responsible for the
loss& destr"ction& or deterioration of oods on acco"nt
of the defective condition of the car& vehicle& ship&
airplane or other e0"ip!ent "sed in the contract of
carriae.
Art. 1/*,. An aree!ent li!itin the co!!on carrier;s
liability !ay be ann"lled by the shipper or owner if the
co!!on carrier ref"sed to carry the oods "nless the
for!er areed to s"ch stip"lation.
Art. 1/*/. (f the co!!on carrier& witho"t ."st ca"se&
delays the transportation of the oods or chanes the
stip"lated or "s"al ro"te& the contract li!itin the
co!!on carrier;s liability cannot be availed of in case
of the loss& destr"ction& or deterioration of the oods.
Art. 1/*3. An aree!ent li!itin the co!!on carrier;s
liability for delay on acco"nt of strikes or riots is valid.
Art. 1/*5. A stip"lation that the co!!on carrier;s
liability is li!ited to the val"e of the oods appearin
in the bill of ladin& "nless the shipper or owner
declares a reater val"e& is bindin.
Art. 1/+7. A contract fi)in the s"! that !ay be
recovered. by the owner or shipper for the loss&
destr"ction& or deterioration of the oods is valid& if it
is reasonable and ."st "nder the circ"!stances& and
has been fairly and freely areed "pon.
Art. 1/+1. The fact that the co!!on carrier has no
co!petitor alon the line or ro"te& or a part thereof& to
which the contract refers shall be taken into
consideration on the 0"estion of whether or not a
stip"lation li!itin the co!!on carrier;s liability is
reasonable& ."st and in consonance with p"blic policy.
Art. 1/+2. :ven when there is an aree!ent li!itin
the liability of the co!!on carrier in the viilance over
the oods& the co!!on carrier is disp"tably
pres"!ed to have been nelient in case of their loss&
destr"ction or deterioration.
Art. 1/+'. The law of the co"ntry to which the oods
are to be transported shall overn the liability of the
co!!on carrier for their loss& destr"ction or
deterioration.
Art. 1/+*. The provisions of Articles 1/'' to 1/+'
shall apply to the passener;s baae which is not in
his personal c"stody or in that of his e!ployee. As to
other baae& the r"les in Articles 1553 and 2777 to
277' concernin the responsibility of hotel1keepers
shall be applicable.

@?B@:CT(#6 '. 1 @afety of Passeners

Art. 1/++. A co!!on carrier is bo"nd to carry the
passeners safely as far as h"!an care and foresiht
can provide& "sin the "t!ost dilience of very
ca"tio"s persons& with a d"e reard for all the
circ"!stances.
Art. 1/+,. (n case of death of or in."ries to
passeners& co!!on carriers are pres"!ed to have
been at fa"lt or to have acted neliently& "nless they
prove that they observed e)traordinary dilience as
prescribed in Articles 1/'' and 1/++.
Art. 1/+/. The responsibility of a co!!on carrier for
the safety of passeners as re0"ired in Articles 1/''
and 1/++ cannot be dispensed with or lessened by
stip"lation& by the postin of notices& by state!ents
on tickets& or otherwise.
Art. 1/+3. 2hen a passener is carried rat"ito"sly& a
stip"lation li!itin the co!!on carrier;s liability for
nelience is valid& b"t not for wilf"l acts or ross
nelience.
The red"ction of fare does not ."stify any li!itation of
the co!!on carrier;s liability.
Art. 1/+5. Co!!on carriers are liable for the death of
or in."ries to passeners thro"h the nelience or
wilf"l acts of the for!er;s e!ployees& altho"h s"ch
e!ployees !ay have acted beyond the scope of their
a"thority or in violation of the orders of the co!!on
carriers.
This liability of the co!!on carriers does not cease
"pon proof that they e)ercised all the dilience of a
ood father of a fa!ily in the selection and
s"pervision of their e!ployees.
Art. 1/,7. The co!!on carrier;s responsibility
prescribed in the precedin article cannot be
eli!inated or li!ited by stip"lation& by the postin of
notices& by state!ents on the tickets or otherwise.
Art. 1/,1. The passener !"st observe the dilience
of a ood father of a fa!ily to avoid in."ry to hi!self.
Art. 1/,2. The contrib"tory nelience of the
passener does not bar recovery of da!aes for his
death or in."ries& if the pro)i!ate ca"se thereof is the
nelience of the co!!on carrier& b"t the a!o"nt of
da!aes shall be e0"itably red"ced.
Art. 1/,'. A co!!on carrier is responsible for in."ries
s"ffered by a passener on acco"nt of the wilf"l acts
or nelience of other passeners or of straners& if
the co!!on carrier;s e!ployees thro"h the e)ercise
of the dilience of a ood father of a fa!ily co"ld have
prevented or stopped the act or o!ission.

@?B@:CT(#6 *. 1 Co!!on Provisions

Art. 1/,*. Da!aes in cases co!prised in this
@ection shall be awarded in accordance with Title
G>((( of this Book& concernin Da!aes. Article 227,
shall also apply to the death of a passener ca"sed
by the breach of contract by a co!!on carrier.
Art. 1/,+. The P"blic @ervice Co!!ission !ay& on its
own !otion or on petition of any interested party& after
d"e hearin& cancel the certificate of p"blic
convenience ranted to any co!!on carrier that
repeatedly fails to co!ply with his or its d"ty to
observe e)traordinary dilience as prescribed in this
@ection.
Art. 1/,,. (n all !atters not re"lated by this Code&
the rihts and obliations of co!!on carriers shall be
overned by the Code of Co!!erce and by special
laws.

Title (G. 1 PA-T6:-@9(P

C9APT:- 1
$:6:-AL P-#>(@(#6@

Art. 1/,/. By the contract of partnership two or !ore
persons bind the!selves to contrib"te !oney&
property& or ind"stry to a co!!on f"nd& with the
intention of dividin the profits a!on the!selves.
Two or !ore persons !ay also for! a partnership for
the e)ercise of a profession. (1,,+a)
Art. 1/,3. The partnership has a ."dicial personality
separate and distinct fro! that of each of the
partners& even in case of fail"re to co!ply with the
re0"ire!ents of Article 1//2& first pararaph. (n)
Art. 1/,5. (n deter!inin whether a partnership
e)ists& these r"les shall apply<
(1) :)cept as provided by Article 132+& persons who
are not partners as to each other are not partners as
to third persons8
(2) Co1ownership or co1possession does not of itself
establish a partnership& whether s"ch1co1owners or
co1possessors do or do not share any profits !ade by
the "se of the property8
(') The sharin of ross ret"rns does not of itself
establish a partnership& whether or not the persons
sharin the! have a .oint or co!!on riht or interest
in any property fro! which the ret"rns are derived8
(*) The receipt by a person of a share of the profits of
a b"siness is pri!a facie evidence that he is a partner
in the b"siness& b"t no s"ch inference shall be drawn
if s"ch profits were received in pay!ent<

(a) As a debt by install!ents or otherwise8
(b) As waes of an e!ployee or rent to a landlord8
(c) As an ann"ity to a widow or representative of a
deceased partner8
(d) As interest on a loan& tho"h the a!o"nt of
pay!ent vary with the profits of the b"siness8
(e) As the consideration for the sale of a oodwill of a
b"siness or other property by install!ents or
otherwise. (n)
Art. 1//7. A partnership !"st have a lawf"l ob.ect or
p"rpose& and !"st be established for the co!!on
benefit or interest of the partners.
2hen an "nlawf"l partnership is dissolved by a
."dicial decree& the profits shall be confiscated in favor
of the @tate& witho"t pre."dice to the provisions of the
Penal Code overnin the confiscation of the
instr"!ents and effects of a cri!e. (1,,,a)
Art. 1//1. A partnership !ay be constit"ted in any
for!& e)cept where i!!ovable property or real rihts
are contrib"ted thereto& in which case a p"blic
instr"!ent shall be necessary. (1,,/a)
Art. 1//2. :very contract of partnership havin a
capital of three tho"sand pesos or !ore& in !oney or
property& shall appear in a p"blic instr"!ent& which
!"st be recorded in the #ffice of the @ec"rities and
:)chane Co!!ission.
Aail"re to co!ply with the re0"ire!ents of the
precedin pararaph shall not affect the liability of the
partnership and the !e!bers thereof to third persons.
(n)
Art. 1//'. A contract of partnership is void& whenever
i!!ovable property is contrib"ted thereto& if an
inventory of said property is not !ade& sined by the
parties& and attached to the p"blic instr"!ent. (1,,3a)
Art. 1//*. Any i!!ovable property or an interest
therein !ay be ac0"ired in the partnership na!e. Title
so ac0"ired can be conveyed only in the partnership
na!e. (n)
Art. 1//+. Associations and societies& whose articles
are kept secret a!on the !e!bers& and wherein any
one of the !e!bers !ay contract in his own na!e
with third persons& shall have no ."ridical personality&
and shall be overned by the provisions relatin to co1
ownership. (1,,5)
Art. 1//,. As to its ob.ect& a partnership is either
"niversal or partic"lar. As reards the liability of the
partners& a partnership !ay be eneral or li!ited.
(1,/1a)
Art. 1///. A "niversal partnership !ay refer to all the
present property or to all the profits. (1,/2)
Art. 1//3. A partnership of all present property is that
in which the partners contrib"te all the property which
act"ally belons to the! to a co!!on f"nd& with the
intention of dividin the sa!e a!on the!selves& as
well as all the profits which they !ay ac0"ire
therewith. (1,/')
Art. 1//5. (n a "niversal partnership of all present
property& the property which belons to each of the
partners at the ti!e of the constit"tion of the
partnership& beco!es the co!!on property of all the
partners& as well as all the profits which they !ay
ac0"ire therewith.
A stip"lation for the co!!on en.oy!ent of any other
profits !ay also be !ade8 b"t the property which the
partners !ay ac0"ire s"bse0"ently by inheritance&
leacy& or donation cannot be incl"ded in s"ch
stip"lation& e)cept the fr"its thereof. (1,/*a)
Art. 1/37. A "niversal partnership of profits co!prises
all that the partners !ay ac0"ire by their ind"stry or
work d"rin the e)istence of the partnership.
=ovable or i!!ovable property which each of the
partners !ay possess at the ti!e of the celebration of
the contract shall contin"e to pertain e)cl"sively to
each& only the "s"fr"ct passin to the partnership.
(1,/+)
Art. 1/31. Articles of "niversal partnership& entered
into witho"t specification of its nat"re& only constit"te
a "niversal partnership of profits. (1,/,)
Art. 1/32. Persons who are prohibited fro! ivin
each other any donation or advantae cannot enter
into "niversal partnership. (1,//)
Art. 1/3'. A partic"lar partnership has for its ob.ect
deter!inate thins& their "se or fr"its& or specific
"ndertakin& or the e)ercise of a profession or
vocation. (1,/3)

C9APT:- 2
#BL($AT(#6@ #A T9: PA-T6:-@

@:CT(#6 1. 1 #bliations of the Partners A!on
The!selves

Art. 1/3*. A partnership beins fro! the !o!ent of
the e)ec"tion of the contract& "nless it is otherwise
stip"lated. (1,/5)
Art. 1/3+. 2hen a partnership for a fi)ed ter! or
partic"lar "ndertakin is contin"ed after the
ter!ination of s"ch ter! or partic"lar "ndertakin
witho"t any e)press aree!ent& the rihts and d"ties
of the partners re!ain the sa!e as they were at s"ch
ter!ination& so far as is consistent with a partnership
at will.
A contin"ation of the b"siness by the partners or s"ch
of the! as habit"ally acted therein d"rin the ter!&
witho"t any settle!ent or li0"idation of the partnership
affairs& is pri!a facie evidence of a contin"ation of the
partnership. (n)
Art. 1/3,. :very partner is a debtor of the partnership
for whatever he !ay have pro!ised to contrib"te
thereto.
9e shall also be bo"nd for warranty in case of eviction
with reard to specific and deter!inate thins which
he !ay have contrib"ted to the partnership& in the
sa!e cases and in the sa!e !anner as the vendor is
bo"nd with respect to the vendee. 9e shall also be
liable for the fr"its thereof fro! the ti!e they sho"ld
have been delivered& witho"t the need of any
de!and. (1,31a)
Art. 1/3/. 2hen the capital or a part thereof which a
partner is bo"nd to contrib"te consists of oods& their
appraisal !"st be !ade in the !anner prescribed in
the contract of partnership& and in the absence of
stip"lation& it shall be !ade by e)perts chosen by the
partners& and accordin to c"rrent prices& the
s"bse0"ent chanes thereof bein for acco"nt of the
partnership. (n)
Art. 1/33. A partner who has "ndertaken to contrib"te
a s"! of !oney and fails to do so beco!es a debtor
for the interest and da!aes fro! the ti!e he sho"ld
have co!plied with his obliation.
The sa!e r"le applies to any a!o"nt he !ay have
taken fro! the partnership coffers& and his liability
shall bein fro! the ti!e he converted the a!o"nt to
his own "se. (1,32)
Art. 1/35. An ind"strial partner cannot enae in
b"siness for hi!self& "nless the partnership e)pressly
per!its hi! to do so8 and if he sho"ld do so& the
capitalist partners !ay either e)cl"de hi! fro! the
fir! or avail the!selves of the benefits which he !ay
have obtained in violation of this provision& with a riht
to da!aes in either case. (n)
Art. 1/57. ?nless there is a stip"lation to the contrary&
the partners shall contrib"te e0"al shares to the
capital of the partnership. (n)
Art. 1/51. (f there is no aree!ent to the contrary& in
case of an i!!inent loss of the b"siness of the
partnership& any partner who ref"ses to contrib"te an
additional share to the capital& e)cept an ind"strial
partner& to save the vent"re& shall he oblied to sell
his interest to the other partners. (n)
Art. 1/52. (f a partner a"thori%ed to !anae collects a
de!andable s"! which was owed to hi! in his own
na!e& fro! a person who owed the partnership
another s"! also de!andable& the s"! th"s collected
shall be applied to the two credits in proportion to their
a!o"nts& even tho"h he !ay have iven a receipt
for his own credit only8 b"t sho"ld he have iven it for
the acco"nt of the partnership credit& the a!o"nt shall
be f"lly applied to the latter.
The provisions of this article are "nderstood to be
witho"t pre."dice to the riht ranted to the other
debtor by Article 12+2& b"t only if the personal credit
of the partner sho"ld be !ore onero"s to hi!. (1,3*)
Art. 1/5'. 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 oblied& if
the debtor sho"ld thereafter beco!e insolvent& to
brin to the partnership capital what he received even
tho"h he !ay have iven receipt for his share only.
(1,3+a)
Art. 1/5*. :very partner is responsible to the
partnership for da!aes s"ffered by it thro"h his
fa"lt& and he cannot co!pensate the! with the profits
and benefits which he !ay have earned for the
partnership by his ind"stry. 9owever& the co"rts !ay
e0"itably lessen this responsibility if thro"h the
partner;s e)traordinary efforts in other activities of the
partnership& "n"s"al profits have been reali%ed.
(1,3,a)
Art. 1/5+. The risk of specific and deter!inate thins&
which are not f"nible& contrib"ted to the partnership
so that only their "se and fr"its !ay be for the
co!!on benefit& shall be borne by the partner who
owns the!.
(f the thins contrib"te are f"nible& or cannot be kept
witho"t deterioratin& or if they were contrib"ted to be
sold& the risk shall be borne by the partnership. (n the
absence of stip"lation& the risk of the thins bro"ht
and appraised in the inventory& shall also be borne by
the partnership& and in s"ch case the clai! shall be
li!ited to the val"e at which they were appraised.
(1,3/)
Art. 1/5,. The partnership shall be responsible to
every partner for the a!o"nts he !ay have disb"rsed
on behalf of the partnership and for the correspondin
interest& fro! the ti!e the e)pense are !ade8 it shall
also answer to each partner for the obliations he
!ay have contracted in ood faith in the interest of
the partnership b"siness& and for risks in
conse0"ence of its !anae!ent. (1,33a)
Art. 1/5/. The losses and profits shall be distrib"ted
in confor!ity with the aree!ent. (f only the share of
each partner in the profits has been areed "pon& the
share of each in the losses shall be in the sa!e
proportion.
(n the absence of stip"lation& the share of each
partner in the profits and losses shall be in proportion
to what he !ay have contrib"ted& b"t the ind"strial
partner shall not be liable for the losses. As for the
profits& the ind"strial partner shall receive s"ch share
as !ay be ."st and e0"itable "nder the
circ"!stances. (f besides his services he has
contrib"ted capital& he shall also receive a share in
the profits in proportion to his capital. (1,35a)
Art. 1/53. (f the partners have areed to intr"st to a
third person the desination of the share of each one
in the profits and losses& s"ch desination !ay be
i!p"ned only when it is !anifestly ine0"itable. (n no
case !ay a partner who has be"n to e)ec"te the
decision of the third person& or who has not i!p"ned
the sa!e within a period of three !onths fro! the
ti!e he had knowlede thereof& co!plain of s"ch
decision.
The desination of losses and profits cannot be
intr"sted to one of the partners. (1,57)
Art. 1/55. A stip"lation which e)cl"des one or !ore
partners fro! any share in the profits or losses is
void. (1,51)
Art. 1377. The partner who has been appointed
!anaer in the articles of partnership !ay e)ec"te all
acts of ad!inistration despite the opposition of his
partners& "nless he sho"ld act in bad faith8 and his
power is irrevocable witho"t ."st or lawf"l ca"se. The
vote of the partners representin the controllin
interest shall be necessary for s"ch revocation of
power.
A power ranted after the partnership has been
constit"ted !ay be revoked at any ti!e. (1,52a)
Art. 1371. (f two or !ore partners have been intr"sted
with the !anae!ent of the partnership witho"t
specification of their respective d"ties& or witho"t a
stip"lation that one of the! shall not act witho"t the
consent of all the others& each one !ay separately
e)ec"te all acts of ad!inistration& b"t if any of the!
sho"ld oppose the acts of the others& the decision of
the !a.ority shall prevail. (n case of a tie& the !atter
shall be decided by the partners ownin the
controllin interest. (1,5'a)
Art. 1372. (n case it sho"ld have been stip"lated that
none of the !anain partners shall act witho"t the
consent of the others& the conc"rrence of all shall be
necessary for the validity of the acts& and the absence
or disability of any one of the! cannot be alleed&
"nless there is i!!inent daner of rave or
irreparable in."ry to the partnership. (1,5*)
Art. 137'. 2hen the !anner of !anae!ent has not
been areed "pon& the followin r"les shall be
observed<
(1) All the partners shall be considered aents and
whatever any one of the! !ay do alone shall bind the
partnership& witho"t pre."dice to the provisions of
Article 1371.
(2) 6one of the partners !ay& witho"t the consent of
the others& !ake any i!portant alteration in the
i!!ovable property of the partnership& even if it !ay
be "sef"l to the partnership. B"t if the ref"sal of
consent by the other partners is !anifestly pre."dicial
to the interest of the partnership& the co"rt;s
intervention !ay be so"ht. (1,5+a)
Art. 137*. :very partner !ay associate another
person with hi! in his share& b"t the associate shall
not be ad!itted into the partnership witho"t the
consent of all the other partners& even if the partner
havin an associate sho"ld be a !anaer. (1,5,)
Art. 137+. The partnership books shall be kept&
s"b.ect to any aree!ent between the partners& at the
principal place of b"siness of the partnership& and
every partner shall at any reasonable ho"r have
access to and !ay inspect and copy any of the!. (n)
Art. 137,. Partners shall render on de!and tr"e and
f"ll infor!ation of all thins affectin the partnership to
any partner or the leal representative of any
deceased partner or of any partner "nder leal
disability. (n)
Art. 137/. :very partner !"st acco"nt to the
partnership for any benefit& and hold as tr"stee for it
any profits derived by hi! witho"t the consent of the
other partners fro! any transaction connected with
the for!ation& cond"ct& or li0"idation of the
partnership or fro! any "se by hi! of its property. (n)
Art. 1373. The capitalist partners cannot enae for
their own acco"nt in any operation which is of the kind
of b"siness in which the partnership is enaed&
"nless there is a stip"lation to the contrary.
Any capitalist partner violatin this prohibition shall
brin to the co!!on f"nds any profits accr"in to hi!
fro! his transactions& and shall personally bear all the
losses. (n)
Art. 1375. Any partner shall have the riht to a for!al
acco"nt as to partnership affairs<
(1) (f he is wronf"lly e)cl"ded fro! the partnership
b"siness or possession of its property by his co1
partners8
(2) (f the riht e)ists "nder the ter!s of any
aree!ent8
(') As provided by article 137/8
(*) 2henever other circ"!stances render it ."st and
reasonable. (n)
@:CT(#6 2. 1 Property -ihts of a Partner

Art. 1317. The property rihts of a partner are<
(1) 9is rihts in specific partnership property8
(2) 9is interest in the partnership8 and
(') 9is riht to participate in the !anae!ent. (n)
Art. 1311. A partner is co1owner with his partners of
specific partnership property.
The incidents of this co1ownership are s"ch that<
(1) A partner& s"b.ect to the provisions of this Title and
to any aree!ent between the partners& has an e0"al
riht with his partners to possess specific partnership
property for partnership p"rposes8 b"t he has no riht
to possess s"ch property for any other p"rpose
witho"t the consent of his partners8
(2) A partner;s riht in specific partnership property is
not assinable e)cept in connection with the
assin!ent of rihts of all the partners in the sa!e
property8
(') A partner;s riht in specific partnership property is
not s"b.ect to attach!ent or e)ec"tion& e)cept on a
clai! aainst the partnership. 2hen partnership
property is attached for a partnership debt the
partners& or any of the!& or the representatives of a
deceased partner& cannot clai! any riht "nder the
ho!estead or e)e!ption laws8
(*) A partner;s riht in specific partnership property is
not s"b.ect to leal s"pport "nder Article 251. (n)
Art. 1312. A partner;s interest in the partnership is his
share of the profits and s"rpl"s. (n)
Art. 131'. A conveyance by a partner of his whole
interest in the partnership does not of itself dissolve
the partnership& or& as aainst the other partners in
the absence of aree!ent& entitle the assinee&
d"rin the contin"ance of the partnership& to interfere
in the !anae!ent or ad!inistration of the
partnership b"siness or affairs& or to re0"ire any
infor!ation or acco"nt of partnership transactions& or
to inspect the partnership books8 b"t it !erely entitles
the assinee to receive in accordance with his
contract the profits to which the assinin partner
wo"ld otherwise be entitled. 9owever& in case of fra"d
in the !anae!ent of the partnership& the assinee
!ay avail hi!self of the "s"al re!edies.
(n case of a dissol"tion of the partnership& the
assinee is entitled to receive his assinor;s interest
and !ay re0"ire an acco"nt fro! the date only of the
last acco"nt areed to by all the partners. (n)
Art. 131*. 2itho"t pre."dice to the preferred rihts of
partnership creditors "nder Article 132/& on d"e
application to a co!petent co"rt by any ."d!ent
creditor of a partner& the co"rt which entered the
."d!ent& or any other co"rt& !ay chare the interest
of the debtor partner with pay!ent of the "nsatisfied
a!o"nt of s"ch ."d!ent debt with interest thereon8
and !ay then or later appoint a receiver of his share
of the profits& and of any other !oney d"e or to fall
d"e to hi! in respect of the partnership& and !ake all
other orders& directions& acco"nts and in0"iries which
the debtor partner !iht have !ade& or which the
circ"!stances of the case !ay re0"ire.
The interest chared !ay be redee!ed at any ti!e
before foreclos"re& or in case of a sale bein directed
by the co"rt& !ay be p"rchased witho"t thereby
ca"sin a dissol"tion<
(1) 2ith separate property& by any one or !ore of the
partners8 or
(2) 2ith partnership property& by any one or !ore of
the partners with the consent of all the partners
whose interests are not so chared or sold.
6othin in this Title shall be held to deprive a partner
of his riht& if any& "nder the e)e!ption laws& as
reards his interest in the partnership. (n)

@:CT(#6 '. 1 #bliations of the Partners
2ith -eard to Third Persons

Art. 131+. :very partnership shall operate "nder a
fir! na!e& which !ay or !ay not incl"de the na!e of
one or !ore of the partners.
Those who& not bein !e!bers of the partnership&
incl"de their na!es in the fir! na!e& shall be s"b.ect
to the liability of a partner. (n)
Art. 131,. All partners& incl"din ind"strial ones& shall
be liable pro rata with all their property and after all
the partnership assets have been e)ha"sted& for the
contracts which !ay be entered into in the na!e and
for the acco"nt of the partnership& "nder its sinat"re
and by a person a"thori%ed to act for the partnership.
9owever& any partner !ay enter into a separate
obliation to perfor! a partnership contract. (n)
Art. 131/. Any stip"lation aainst the liability laid
down in the precedin article shall be void& e)cept as
a!on the partners. (n)
Art. 1313. :very partner is an aent of the partnership
for the p"rpose of its b"siness& and the act of every
partner& incl"din the e)ec"tion in the partnership
na!e of any instr"!ent& for apparently carryin on in
the "s"al way the b"siness of the partnership of
which he is a !e!ber binds the partnership& "nless
the partner so actin has in fact no a"thority to act for
the partnership in the partic"lar !atter& and the
person with who! he is dealin has knowlede of the
fact that he has no s"ch a"thority.
An act of a partner which is not apparently for the
carryin on of b"siness of the partnership in the "s"al
way does not bind the partnership "nless a"thori%ed
by the other partners.
:)cept when a"thori%ed by the other partners or
"nless they have abandoned the b"siness& one or
!ore b"t less than all the partners have no a"thority
to<
(1) Assin the partnership property in tr"st for
creditors or on the assinee;s pro!ise to pay the
debts of the partnership8
(2) Dispose of the ood1will of the b"siness8
(') Do any other act which wo"ld !ake it i!possible
to carry on the ordinary b"siness of a partnership8
(*) Confess a ."d!ent8
(+) :nter into a co!pro!ise concernin a partnership
clai! or liability8
(,) @"b!it a partnership clai! or liability to arbitration8
(/) -eno"nce a clai! of the partnership.
6o act of a partner in contravention of a restriction on
a"thority shall bind the partnership to persons havin
knowlede of the restriction. (n)
Art. 1315. 2here title to real property is in the
partnership na!e& any partner !ay convey title to
s"ch property by a conveyance e)ec"ted in the
partnership na!e8 b"t the partnership !ay recover
s"ch property "nless the partner;s act binds the
partnership "nder the provisions of the first pararaph
of article 1313& or "nless s"ch property has been
conveyed by the rantee or a person clai!in thro"h
s"ch rantee to a holder for val"e witho"t knowlede
that the partner& in !akin the conveyance& has
e)ceeded his a"thority.
2here title to real property is in the na!e of the
partnership& a conveyance e)ec"ted by a partner& in
his own na!e& passes the e0"itable interest of the
partnership& provided the act is one within the
a"thority of the partner "nder the provisions of the
first pararaph of Article 1313.
2here title to real property is in the na!e of one or
!ore b"t not all the partners& and the record does not
disclose the riht of the partnership& the partners in
whose na!e the title stands !ay convey title to s"ch
property& b"t the partnership !ay recover s"ch
property if the partners; act does not bind the
partnership "nder the provisions of the first pararaph
of Article 1313& "nless the p"rchaser or his assinee&
is a holder for val"e& witho"t knowlede.
2here the title to real property is in the na!e of one
or !ore or all the partners& or in a third person in tr"st
for the partnership& a conveyance e)ec"ted by a
partner in the partnership na!e& or in his own na!e&
passes the e0"itable interest of the partnership&
provided the act is one within the a"thority of the
partner "nder the provisions of the first pararaph of
Article 1313.
2here the title to real property is in the na!e of all
the partners a conveyance e)ec"ted by all the
partners passes all their rihts in s"ch property. (n)
Art. 1327. An ad!ission or representation !ade by
any partner concernin partnership affairs within the
scope of his a"thority in accordance with this Title is
evidence aainst the partnership. (n)
Art. 1321. 6otice to any partner of any !atter relatin
to partnership affairs& and the knowlede of the
partner actin in the partic"lar !atter& ac0"ired while
a partner or then present to his !ind& and the
knowlede of any other partner who reasonably co"ld
and sho"ld have co!!"nicated it to the actin
partner& operate as notice to or knowlede of the
partnership& e)cept in the case of fra"d on the
partnership& co!!itted by or with the consent of that
partner. (n)
Art. 1322. 2here& by any wronf"l act or o!ission of
any partner actin in the ordinary co"rse of the
b"siness of the partnership or with the a"thority of co1
partners& loss or in."ry is ca"sed to any person& not
bein a partner in the partnership& or any penalty is
inc"rred& the partnership is liable therefor to the sa!e
e)tent as the partner so actin or o!ittin to act. (n)
Art. 132'. The partnership is bo"nd to !ake ood the
loss<
(1) 2here one partner actin within the scope of his
apparent a"thority receives !oney or property of a
third person and !isapplies it8 and
(2) 2here the partnership in the co"rse of its
b"siness receives !oney or property of a third person
and the !oney or property so received is !isapplied
by any partner while it is in the c"stody of the
partnership. (n)
Art. 132*. All partners are liable solidarily with the
partnership for everythin chareable to the
partnership "nder Articles 1322 and 132'. (n)
Art. 132+. 2hen a person& by words spoken or written
or by cond"ct& represents hi!self& or consents to
another representin hi! to anyone& as a partner in
an e)istin partnership or with one or !ore persons
not act"al partners& he is liable to any s"ch persons to
who! s"ch representation has been !ade& who has&
on the faith of s"ch representation& iven credit to the
act"al or apparent partnership& and if he has !ade
s"ch representation or consented to its bein !ade in
a p"blic !anner he is liable to s"ch person& whether
the representation has or has not been !ade or
co!!"nicated to s"ch person so ivin credit by or
with the knowlede of the apparent partner !akin
the representation or consentin to its bein !ade<
(1) 2hen a partnership liability res"lts& he is liable as
tho"h he were an act"al !e!ber of the partnership8
(2) 2hen no partnership liability res"lts& he is liable
pro rata with the other persons& if any& so consentin
to the contract or representation as to inc"r liability&
otherwise separately.
2hen a person has been th"s represented to be a
partner in an e)istin partnership& or with one or !ore
persons not act"al partners& he is an aent of the
persons consentin to s"ch representation to bind
the! to the sa!e e)tent and in the sa!e !anner as
tho"h he were a partner in fact& with respect to
persons who rely "pon the representation. 2hen all
the !e!bers of the e)istin partnership consent to
the representation& a partnership act or obliation
res"lts8 b"t in all other cases it is the .oint act or
obliation of the person actin and the persons
consentin to the representation. (n)
Art. 132,. A person ad!itted as a partner into an
e)istin partnership is liable for all the obliations of
the partnership arisin before his ad!ission as
tho"h he had been a partner when s"ch obliations
were inc"rred& e)cept that this liability shall be
satisfied only o"t of partnership property& "nless there
is a stip"lation to the contrary. (n)
Art. 132/. The creditors of the partnership shall be
preferred to those of each partner as reards the
partnership property. 2itho"t pre."dice to this riht&
the private creditors of each partner !ay ask the
attach!ent and p"blic sale of the share of the latter in
the partnership assets. (n)

C9APT:- '
D(@@#L?T(#6 A6D 2(6D(6$ ?P

Art. 1323. The dissol"tion of a partnership is the
chane in the relation of the partners ca"sed by any
partner ceasin to be associated in the carryin on as
distin"ished fro! the windin "p of the b"siness. (n)
Art. 1325. #n dissol"tion the partnership is not
ter!inated& b"t contin"es "ntil the windin "p of
partnership affairs is co!pleted. (n)
Art. 13'7. Dissol"tion is ca"sed<
(1) 2itho"t violation of the aree!ent between the
partners<
(a) By the ter!ination of the definite ter! or partic"lar
"ndertakin specified in the aree!ent8
(b) By the e)press will of any partner& who !"st act in
ood faith& when no definite ter! or partic"lar is
specified8
(c) By the e)press will of all the partners who have not
assined their interests or s"ffered the! to be
chared for their separate debts& either before or after
the ter!ination of any specified ter! or partic"lar
"ndertakin8
(d) By the e)p"lsion of any partner fro! the b"siness
bona fide in accordance with s"ch a power conferred
by the aree!ent between the partners8
(2) (n contravention of the aree!ent between the
partners& where the circ"!stances do not per!it a
dissol"tion "nder any other provision of this article& by
the e)press will of any partner at any ti!e8
(') By any event which !akes it "nlawf"l for the
b"siness of the partnership to be carried on or for the
!e!bers to carry it on in partnership8
(*) 2hen a specific thin which a partner had
pro!ised to contrib"te to the partnership& perishes
before the delivery8 in any case by the loss of the
thin& when the partner who contrib"ted it havin
reserved the ownership thereof& has only transferred
to the partnership the "se or en.oy!ent of the sa!e8
b"t the partnership shall not be dissolved by the loss
of the thin when it occ"rs after the partnership has
ac0"ired the ownership thereof8
(+) By the death of any partner8
(,) By the insolvency of any partner or of the
partnership8
(/) By the civil interdiction of any partner8
(3) By decree of co"rt "nder the followin article.
(1/77a and 1/71a)
Art. 13'1. #n application by or for a partner the co"rt
shall decree a dissol"tion whenever<
(1) A partner has been declared insane in any ."dicial
proceedin or is shown to be of "nso"nd !ind8
(2) A partner beco!es in any other way incapable of
perfor!in his part of the partnership contract8
(') A partner has been "ilty of s"ch cond"ct as tends
to affect pre."dicially the carryin on of the b"siness8
(*) A partner wilf"lly or persistently co!!its a breach
of the partnership aree!ent& or otherwise so
cond"cts hi!self in !atters relatin to the partnership
b"siness that it is not reasonably practicable to carry
on the b"siness in partnership with hi!8
(+) The b"siness of the partnership can only be
carried on at a loss8
(,) #ther circ"!stances render a dissol"tion
e0"itable.
#n the application of the p"rchaser of a partner;s
interest "nder Article 131' or 131*<
(1) After the ter!ination of the specified ter! or
partic"lar "ndertakin8
(2) At any ti!e if the partnership was a partnership at
will when the interest was assined or when the
charin order was iss"ed. (n)
Art. 13'2. :)cept so far as !ay be necessary to wind
"p partnership affairs or to co!plete transactions
be"n b"t not then finished& dissol"tion ter!inates all
a"thority of any partner to act for the partnership<
(1) 2ith respect to the partners<
(a) 2hen the dissol"tion is not by the act& insolvency
or death of a partner8 or
(b) 2hen the dissol"tion is by s"ch act& insolvency or
death of a partner& in cases where article 13'' so
re0"ires8
(2) 2ith respect to persons not partners& as declared
in article 13'*. (n)
Art. 13''. 2here the dissol"tion is ca"sed by the act&
death or insolvency of a partner& each partner is liable
to his co1partners for his share of any liability created
by any partner actin for the partnership as if the
partnership had not been dissolved "nless<
(1) The dissol"tion bein by act of any partner& the
partner actin for the partnership had knowlede of
the dissol"tion8 or
(2) The dissol"tion bein by the death or insolvency of
a partner& the partner actin for the partnership had
knowlede or notice of the death or insolvency.
Art. 13'*. After dissol"tion& a partner can bind the
partnership& e)cept as provided in the third pararaph
of this article<
(1) By any act appropriate for windin "p partnership
affairs or co!pletin transactions "nfinished at
dissol"tion8
(2) By any transaction which wo"ld bind the
partnership if dissol"tion had not taken place&
provided the other party to the transaction<
(a) 9ad e)tended credit to the partnership prior to
dissol"tion and had no knowlede or notice of the
dissol"tion8 or
(b) Tho"h he had not so e)tended credit& had
nevertheless known of the partnership prior to
dissol"tion& and& havin no knowlede or notice of
dissol"tion& the fact of dissol"tion had not been
advertised in a newspaper of eneral circ"lation in the
place (or in each place if !ore than one) at which the
partnership b"siness was re"larly carried on.
The liability of a partner "nder the first pararaph& 6o.
2& shall be satisfied o"t of partnership assets alone
when s"ch partner had been prior to dissol"tion<
(1) ?nknown as a partner to the person with who!
the contract is !ade8 and
(2) @o far "nknown and inactive in partnership affairs
that the b"siness rep"tation of the partnership co"ld
not be said to have been in any deree d"e to his
connection with it.
The partnership is in no case bo"nd by any act of a
partner after dissol"tion<
(1) 2here the partnership is dissolved beca"se it is
"nlawf"l to carry on the b"siness& "nless the act is
appropriate for windin "p partnership affairs8 or
(2) 2here the partner has beco!e insolvent8 or
(') 2here the partner has no a"thority to wind "p
partnership affairs8 e)cept by a transaction with one
who<
(a) 9ad e)tended credit to the partnership prior to
dissol"tion and had no knowlede or notice of his
want of a"thority8 or
(b) 9ad not e)tended credit to the partnership prior to
dissol"tion& and& havin no knowlede or notice of his
want of a"thority& the fact of his want of a"thority has
not been advertised in the !anner provided for
advertisin the fact of dissol"tion in the first
pararaph& 6o. 2 (b).
6othin in this article shall affect the liability "nder
Article 132+ of any person who& after dissol"tion&
represents hi!self or consents to another
representin hi! as a partner in a partnership
enaed in carryin b"siness. (n)
Art. 13'+. The dissol"tion of the partnership does not
of itself dischare the e)istin liability of any partner.
A partner is dischared fro! any e)istin liability "pon
dissol"tion of the partnership by an aree!ent to that
effect between hi!self& the partnership creditor and
the person or partnership contin"in the b"siness8
and s"ch aree!ent !ay be inferred fro! the co"rse
of dealin between the creditor havin knowlede of
the dissol"tion and the person or partnership
contin"in the b"siness.
The individ"al property of a deceased partner shall be
liable for all obliations of the partnership inc"rred
while he was a partner& b"t s"b.ect to the prior
pay!ent of his separate debts. (n)
Art. 13',. ?nless otherwise areed& the partners who
have not wronf"lly dissolved the partnership or the
leal representative of the last s"rvivin partner& not
insolvent& has the riht to wind "p the partnership
affairs& provided& however& that any partner& his leal
representative or his assinee& "pon ca"se shown&
!ay obtain windin "p by the co"rt. (n)
Art. 13'/. 2hen dissol"tion is ca"sed in any way&
e)cept in contravention of the partnership aree!ent&
each partner& as aainst his co1partners and all
persons clai!in thro"h the! in respect of their
interests in the partnership& "nless otherwise areed&
!ay have the partnership property applied to
dischare its liabilities& and the s"rpl"s applied to pay
in cash the net a!o"nt owin to the respective
partners. B"t if dissol"tion is ca"sed by e)p"lsion of a
partner& bona fide "nder the partnership aree!ent
and if the e)pelled partner is dischared fro! all
partnership liabilities& either by pay!ent or aree!ent
"nder the second pararaph of Article 13'+& he shall
receive in cash only the net a!o"nt d"e hi! fro! the
partnership.
2hen dissol"tion is ca"sed in contravention of the
partnership aree!ent the rihts of the partners shall
be as follows<
(1) :ach partner who has not ca"sed dissol"tion
wronf"lly shall have<

(a) All the rihts specified in the first pararaph of this
article& and
(b) The riht& as aainst each partner who has ca"sed
the dissol"tion wronf"lly& to da!aes breach of the
aree!ent.
(2) The partners who have not ca"sed the dissol"tion
wronf"lly& if they all desire to contin"e the b"siness
in the sa!e na!e either by the!selves or .ointly with
others& !ay do so& d"rin the areed ter! for the
partnership and for that p"rpose !ay possess the
partnership property& provided they sec"re the
pay!ent by bond approved by the co"rt& or pay any
partner who has ca"sed the dissol"tion wronf"lly&
the val"e of his interest in the partnership at the
dissol"tion& less any da!aes recoverable "nder the
second pararaph& 6o. 1 (b) of this article& and in like
!anner inde!nify hi! aainst all present or f"t"re
partnership liabilities.
(') A partner who has ca"sed the dissol"tion
wronf"lly shall have<

(a) (f the b"siness is not contin"ed "nder the
provisions of the second pararaph& 6o. 2& all the
rihts of a partner "nder the first pararaph& s"b.ect to
liability for da!aes in the second pararaph& 6o. 1
(b)& of this article.
(b) (f the b"siness is contin"ed "nder the second
pararaph& 6o. 2& of this article& the riht as aainst
his co1partners and all clai!in thro"h the! in
respect of their interests in the partnership& to have
the val"e of his interest in the partnership& less any
da!ae ca"sed to his co1partners by the dissol"tion&
ascertained and paid to hi! in cash& or the pay!ent
sec"red by a bond approved by the co"rt& and to be
released fro! all e)istin liabilities of the partnership8
b"t in ascertainin the val"e of the partner;s interest
the val"e of the ood1will of the b"siness shall not be
considered. (n)
Art. 13'3. 2here a partnership contract is rescinded
on the ro"nd of the fra"d or !isrepresentation of one
of the parties thereto& the party entitled to rescind is&
witho"t pre."dice to any other riht& entitled<
(1) To a lien on& or riht of retention of& the s"rpl"s of
the partnership property after satisfyin the
partnership liabilities to third persons for any s"! of
!oney paid by hi! for the p"rchase of an interest in
the partnership and for any capital or advances
contrib"ted by hi!8
(2) To stand& after all liabilities to third persons have
been satisfied& in the place of the creditors of the
partnership for any pay!ents !ade by hi! in respect
of the partnership liabilities8 and
(') To be inde!nified by the person "ilty of the fra"d
or !akin the representation aainst all debts and
liabilities of the partnership. (n)
Art. 13'5. (n settlin acco"nts between the partners
after dissol"tion& the followin r"les shall be observed&
s"b.ect to any aree!ent to the contrary<
(1) The assets of the partnership are<

(a) The partnership property&
(b) The contrib"tions of the partners necessary for the
pay!ent of all the liabilities specified in 6o. 2.
(2) The liabilities of the partnership shall rank in order
of pay!ent& as follows<

(a) Those owin to creditors other than partners&
(b) Those owin to partners other than for capital and
profits&
(c) Those owin to partners in respect of capital&
(d) Those owin to partners in respect of profits.
(') The assets shall be applied in the order of their
declaration in 6o. 1 of this article to the satisfaction of
the liabilities.
(*) The partners shall contrib"te& as provided by
article 1/5/& the a!o"nt necessary to satisfy the
liabilities.
(+) An assinee for the benefit of creditors or any
person appointed by the co"rt shall have the riht to
enforce the contrib"tions specified in the precedin
n"!ber.
(,) Any partner or his leal representative shall have
the riht to enforce the contrib"tions specified in 6o.
*& to the e)tent of the a!o"nt which he has paid in
e)cess of his share of the liability.
(/) The individ"al property of a deceased partner shall
be liable for the contrib"tions specified in 6o. *.
(3) 2hen partnership property and the individ"al
properties of the partners are in possession of a co"rt
for distrib"tion& partnership creditors shall have
priority on partnership property and separate creditors
on individ"al property& savin the rihts of lien or
sec"red creditors.
(5) 2here a partner has beco!e insolvent or his
estate is insolvent& the clai!s aainst his separate
property shall rank in the followin order<

(a) Those owin to separate creditors8
(b) Those owin to partnership creditors8
(c) Those owin to partners by way of contrib"tion. (n)
Art. 13*7. (n the followin cases creditors of the
dissolved partnership are also creditors of the person
or partnership contin"in the b"siness<
(1) 2hen any new partner is ad!itted into an e)istin
partnership& or when any partner retires and assins
(or the representative of the deceased partner
assins) his rihts in partnership property to two or
!ore of the partners& or to one or !ore of the partners
and one or !ore third persons& if the b"siness is
contin"ed witho"t li0"idation of the partnership affairs8
(2) 2hen all b"t one partner retire and assin (or the
representative of a deceased partner assins) their
rihts in partnership property to the re!ainin partner&
who contin"es the b"siness witho"t li0"idation of
partnership affairs& either alone or with others8
(') 2hen any partner retires or dies and the b"siness
of the dissolved partnership is contin"ed as set forth
in 6os. 1 and 2 of this article& with the consent of the
retired partners or the representative of the deceased
partner& b"t witho"t any assin!ent of his riht in
partnership property8
(*) 2hen all the partners or their representatives
assin their rihts in partnership property to one or
!ore third persons who pro!ise to pay the debts and
who contin"e the b"siness of the dissolved
partnership8
(+) 2hen any partner wronf"lly ca"ses a dissol"tion
and the re!ainin partners contin"e the b"siness
"nder the provisions of article 13'/& second
pararaph& 6o. 2& either alone or with others& and
witho"t li0"idation of the partnership affairs8
(,) 2hen a partner is e)pelled and the re!ainin
partners contin"e the b"siness either alone or with
others witho"t li0"idation of the partnership affairs.
The liability of a third person beco!in a partner in
the partnership contin"in the b"siness& "nder this
article& to the creditors of the dissolved partnership
shall be satisfied o"t of the partnership property only&
"nless there is a stip"lation to the contrary.
2hen the b"siness of a partnership after dissol"tion
is contin"ed "nder any conditions set forth in this
article the creditors of the dissolved partnership& as
aainst the separate creditors of the retirin or
deceased partner or the representative of the
deceased partner& have a prior riht to any clai! of
the retired partner or the representative of the
deceased partner aainst the person or partnership
contin"in the b"siness& on acco"nt of the retired or
deceased partner;s interest in the dissolved
partnership or on acco"nt of any consideration
pro!ised for s"ch interest or for his riht in
partnership property.
6othin in this article shall be held to !odify any riht
of creditors to set aside any assin!ent on the
ro"nd of fra"d.
The "se by the person or partnership contin"in the
b"siness of the partnership na!e& or the na!e of a
deceased partner as part thereof& shall not of itself
!ake the individ"al property of the deceased partner
liable for any debts contracted by s"ch person or
partnership. (n)
Art. 13*1. 2hen any partner retires or dies& and the
b"siness is contin"ed "nder any of the conditions set
forth in the precedin article& or in Article 13'/&
second pararaph& 6o. 2& witho"t any settle!ent of
acco"nts as between hi! or his estate and the person
or partnership contin"in the b"siness& "nless
otherwise areed& he or his leal representative as
aainst s"ch person or partnership !ay have the
val"e of his interest at the date of dissol"tion
ascertained& and shall receive as an ordinary creditor
an a!o"nt e0"al to the val"e of his interest in the
dissolved partnership with interest& or& at his option or
at the option of his leal representative& in lie" of
interest& the profits attrib"table to the "se of his riht
in the property of the dissolved partnership8 provided
that the creditors of the dissolved partnership as
aainst the separate creditors& or the representative
of the retired or deceased partner& shall have priority
on any clai! arisin "nder this article& as provided
Article 13*7& third pararaph. (n)
Art. 13*2. The riht to an acco"nt of his interest shall
accr"e to any partner& or his leal representative as
aainst the windin "p partners or the s"rvivin
partners or the person or partnership contin"in the
b"siness& at the date of dissol"tion& in the absence of
any aree!ent to the contrary. (n)

C9APT:- *
L(=(T:D PA-T6:-@9(P (n)

Art. 13*'. A li!ited partnership is one for!ed by two
or !ore persons "nder the provisions of the followin
article& havin as !e!bers one or !ore eneral
partners and one or !ore li!ited partners. The li!ited
partners as s"ch shall not be bo"nd by the obliations
of the partnership.
Art. 13**. Two or !ore persons desirin to for! a
li!ited partnership shall<
(1) @in and swear to a certificate& which shall state 1

(a) The na!e of the partnership& addin thereto the
word "Li!ited"8
(b) The character of the b"siness8
(c) The location of the principal place of b"siness8
(d) The na!e and place of residence of each
!e!ber& eneral and li!ited partners bein
respectively desinated8
(e) The ter! for which the partnership is to e)ist8
(f) The a!o"nt of cash and a description of and the
areed val"e of the other property contrib"ted by
each li!ited partner8
() The additional contrib"tions& if any& to be !ade by
each li!ited partner and the ti!es at which or events
on the happenin of which they shall be !ade8
(h) The ti!e& if areed "pon& when the contrib"tion of
each li!ited partner is to be ret"rned8
(i) The share of the profits or the other co!pensation
by way of inco!e which each li!ited partner shall
receive by reason of his contrib"tion8
(.) The riht& if iven& of a li!ited partner to s"bstit"te
an assinee as contrib"tor in his place& and the ter!s
and conditions of the s"bstit"tion8
(k) The riht& if iven& of the partners to ad!it
additional li!ited partners8
(l) The riht& if iven& of one or !ore of the li!ited
partners to priority over other li!ited partners& as to
contrib"tions or as to co!pensation by way of
inco!e& and the nat"re of s"ch priority8
(!) The riht& if iven& of the re!ainin eneral
partner or partners to contin"e the b"siness on the
death& retire!ent& civil interdiction& insanity or
insolvency of a eneral partner8 and
(n) The riht& if iven& of a li!ited partner to de!and
and receive property other than cash in ret"rn for his
contrib"tion.
(2) Aile for record the certificate in the #ffice of the
@ec"rities and :)chane Co!!ission.
A li!ited partnership is for!ed if there has been
s"bstantial co!pliance in ood faith with the
foreoin re0"ire!ents.
Art. 13*+. The contrib"tions of a li!ited partner !ay
be cash or property& b"t not services.
Art. 13*,. The s"rna!e of a li!ited partner shall not
appear in the partnership na!e "nless<
(1) (t is also the s"rna!e of a eneral partner& or
(2) Prior to the ti!e when the li!ited partner beca!e
s"ch& the b"siness has been carried on "nder a na!e
in which his s"rna!e appeared.
A li!ited partner whose s"rna!e appears in a
partnership na!e contrary to the provisions of the first
pararaph is liable as a eneral partner to partnership
creditors who e)tend credit to the partnership witho"t
act"al knowlede that he is not a eneral partner.
Art. 13*/. (f the certificate contains a false state!ent&
one who s"ffers loss by reliance on s"ch state!ent
!ay hold liable any party to the certificate who knew
the state!ent to be false<
(1) At the ti!e he sined the certificate& or
(2) @"bse0"ently& b"t within a s"fficient ti!e before
the state!ent was relied "pon to enable hi! to cancel
or a!end the certificate& or to file a petition for its
cancellation or a!end!ent as provided in Article
13,+.
Art. 13*3. A li!ited partner shall not beco!e liable as
a eneral partner "nless& in addition to the e)ercise of
his rihts and powers as a li!ited partner& he takes
part in the control of the b"siness.
Art. 13*5. After the for!ation of a lifted partnership&
additional li!ited partners !ay be ad!itted "pon filin
an a!end!ent to the oriinal certificate in
accordance with the re0"ire!ents of Article 13,+.
Art. 13+7. A eneral partner shall have all the rihts
and powers and be s"b.ect to all the restrictions and
liabilities of a partner in a partnership witho"t li!ited
partners. 9owever& witho"t the written consent or
ratification of the specific act by all the li!ited
partners& a eneral partner or all of the eneral
partners have no a"thority to<
(1) Do any act in contravention of the certificate8
(2) Do any act which wo"ld !ake it i!possible to
carry on the ordinary b"siness of the partnership8
(') Confess a ."d!ent aainst the partnership8
(*) Possess partnership property& or assin their
rihts in specific partnership property& for other than a
partnership p"rpose8
(+) Ad!it a person as a eneral partner8
(,) Ad!it a person as a li!ited partner& "nless the
riht so to do is iven in the certificate8
(/) Contin"e the b"siness with partnership property
on the death& retire!ent& insanity& civil interdiction or
insolvency of a eneral partner& "nless the riht so to
do is iven in the certificate.
Art. 13+1. A li!ited partner shall have the sa!e rihts
as a eneral partner to<
(1) 9ave the partnership books kept at the principal
place of b"siness of the partnership& and at a
reasonable ho"r to inspect and copy any of the!8
(2) 9ave on de!and tr"e and f"ll infor!ation of all
thins affectin the partnership& and a for!al acco"nt
of partnership affairs whenever circ"!stances render
it ."st and reasonable8 and
(') 9ave dissol"tion and windin "p by decree of
co"rt.
A li!ited partner shall have the riht to receive a
share of the profits or other co!pensation by way of
inco!e& and to the ret"rn of his contrib"tion as
provided in Articles 13+, and 13+/.
Art. 13+2. 2itho"t pre."dice to the provisions of
Article 13*3& a person who has contrib"ted to the
capital of a b"siness cond"cted by a person or
partnership erroneo"sly believin that he has beco!e
a li!ited partner in a li!ited partnership& is not& by
reason of his e)ercise of the rihts of a li!ited
partner& a eneral partner with the person or in the
partnership carryin on the b"siness& or bo"nd by the
obliations of s"ch person or partnership& provided
that on ascertainin the !istake he pro!ptly
reno"nces his interest in the profits of the b"siness& or
other co!pensation by way of inco!e.
Art. 13+'. A person !ay be a eneral partner and a
li!ited partner in the sa!e partnership at the sa!e
ti!e& provided that this fact shall be stated in the
certificate provided for in Article 13**.
A person who is a eneral& and also at the sa!e ti!e
a li!ited partner& shall have all the rihts and powers
and be s"b.ect to all the restrictions of a eneral
partner8 e)cept that& in respect to his contrib"tion& he
shall have the rihts aainst the other !e!bers which
he wo"ld have had if he were not also a eneral
partner.
Art. 13+*. A li!ited partner also !ay loan !oney to
and transact other b"siness with the partnership& and&
"nless he is also a eneral partner& receive on
acco"nt of res"ltin clai!s aainst the partnership&
with eneral creditors& a pro rata share of the assets.
6o li!ited partner shall in respect to any s"ch clai!<
(1) -eceive or hold as collateral sec"rity and
partnership property& or
(2) -eceive fro! a eneral partner or the partnership
any pay!ent& conveyance& or release fro! liability if
at the ti!e the assets of the partnership are not
s"fficient to dischare partnership liabilities to persons
not clai!in as eneral or li!ited partners.
The receivin of collateral sec"rity& or pay!ent&
conveyance& or release in violation of the foreoin
provisions is a fra"d on the creditors of the
partnership.
Art. 13++. 2here there are several li!ited partners
the !e!bers !ay aree that one or !ore of the
li!ited partners shall have a priority over other li!ited
partners as to the ret"rn of their contrib"tions& as to
their co!pensation by way of inco!e& or as to any
other !atter. (f s"ch an aree!ent is !ade it shall be
stated in the certificate& and in the absence of s"ch a
state!ent all the li!ited partners shall stand "pon
e0"al footin.
Art. 13+,. A li!ited partner !ay receive fro! the
partnership the share of the profits or the
co!pensation by way of inco!e stip"lated for in the
certificate8 provided that after s"ch pay!ent is !ade&
whether fro! property of the partnership or that of a
eneral partner& the partnership assets are in e)cess
of all liabilities of the partnership e)cept liabilities to
li!ited partners on acco"nt of their contrib"tions and
to eneral partners.
Art. 13+/. A li!ited partner shall not receive fro! a
eneral partner or o"t of partnership property any part
of his contrib"tions "ntil<
(1) All liabilities of the partnership& e)cept liabilities to
eneral partners and to li!ited partners on acco"nt of
their contrib"tions& have been paid or there re!ains
property of the partnership s"fficient to pay the!8
(2) The consent of all !e!bers is had& "nless the
ret"rn of the contrib"tion !ay be rihtf"lly de!anded
"nder the provisions of the second pararaph8 and
(') The certificate is cancelled or so a!ended as to
set forth the withdrawal or red"ction.
@"b.ect to the provisions of the first pararaph& a
li!ited partner !ay rihtf"lly de!and the ret"rn of his
contrib"tion<
(1) #n the dissol"tion of a partnership8 or
(2) 2hen the date specified in the certificate for its
ret"rn has arrived& or
(') After he has si) !onths; notice in writin to all
other !e!bers& if no ti!e is specified in the
certificate& either for the ret"rn of the contrib"tion or
for the dissol"tion of the partnership.
(n the absence of any state!ent in the certificate to
the contrary or the consent of all !e!bers& a li!ited
partner& irrespective of the nat"re of his contrib"tion&
has only the riht to de!and and receive cash in
ret"rn for his contrib"tion.
A li!ited partner !ay have the partnership dissolved
and its affairs wo"nd "p when<
(1) 9e rihtf"lly b"t "ns"ccessf"lly de!ands the
ret"rn of his contrib"tion& or
(2) The other liabilities of the partnership have not
been paid& or the partnership property is ins"fficient
for their pay!ent as re0"ired by the first pararaph&
6o. 1& and the li!ited partner wo"ld otherwise be
entitled to the ret"rn of his contrib"tion.
Art. 13+3. A li!ited partner is liable to the partnership<
(1) Aor the difference between his contrib"tion as
act"ally !ade and that stated in the certificate as
havin been !ade8 and
(2) Aor any "npaid contrib"tion which he areed in the
certificate to !ake in the f"t"re at the ti!e and on the
conditions stated in the certificate.
A li!ited partner holds as tr"stee for the partnership<
(1) @pecific property stated in the certificate as
contrib"ted by hi!& b"t which was not contrib"ted or
which has been wronf"lly ret"rned& and
(2) =oney or other property wronf"lly paid or
conveyed to hi! on acco"nt of his contrib"tion.
The liabilities of a li!ited partner as set forth in this
article can be waived or co!pro!ised only by the
consent of all !e!bers8 b"t a waiver or co!pro!ise
shall not affect the riht of a creditor of a partnership
who e)tended credit or whose clai! arose after the
filin and before a cancellation or a!end!ent of the
certificate& to enforce s"ch liabilities.
2hen a contrib"tor has rihtf"lly received the ret"rn
in whole or in part of the capital of his contrib"tion& he
is nevertheless liable to the partnership for any s"!&
not in e)cess of s"ch ret"rn with interest& necessary
to dischare its liabilities to all creditors who e)tended
credit or whose clai!s arose before s"ch ret"rn.
Art. 13+5. A li!ited partner;s interest is assinable.
A s"bstit"ted li!ited partner is a person ad!itted to
all the rihts of a li!ited partner who has died or has
assined his interest in a partnership.
An assinee& who does not beco!e a s"bstit"ted
li!ited partner& has no riht to re0"ire any infor!ation
or acco"nt of the partnership transactions or to
inspect the partnership books8 he is only entitled to
receive the share of the profits or other co!pensation
by way of inco!e& or the ret"rn of his contrib"tion& to
which his assinor wo"ld otherwise be entitled.
An assinee shall have the riht to beco!e a
s"bstit"ted li!ited partner if all the !e!bers consent
thereto or if the assinor& bein there"nto e!powered
by the certificate& ives the assinee that riht.
An assinee beco!es a s"bstit"ted li!ited partner
when the certificate is appropriately a!ended in
accordance with Article 13,+.
The s"bstit"ted li!ited partner has all the rihts and
powers& and is s"b.ect to all the restrictions and
liabilities of his assinor& e)cept those liabilities of
which he was inorant at the ti!e he beca!e a
li!ited partner and which co"ld not be ascertained
fro! the certificate.
The s"bstit"tion of the assinee as a li!ited partner
does not release the assinor fro! liability to the
partnership "nder Articles 13*/ and 13*3.
Art. 13,7. The retire!ent& death& insolvency& insanity
or civil interdiction of a eneral partner dissolves the
partnership& "nless the b"siness is contin"ed by the
re!ainin eneral partners<
(1) ?nder a riht so to do stated in the certificate& or
(2) 2ith the consent of all !e!bers.
Art. 13,1. #n the death of a li!ited partner his
e)ec"tor or ad!inistrator shall have all the rihts of a
li!ited partner for the p"rpose of settin his estate&
and s"ch power as the deceased had to constit"te his
assinee a s"bstit"ted li!ited partner.
The estate of a deceased li!ited partner shall be
liable for all his liabilities as a li!ited partner.
Art. 13,2. #n d"e application to a co"rt of co!petent
."risdiction by any creditor of a li!ited partner& the
co"rt !ay chare the interest of the indebted li!ited
partner with pay!ent of the "nsatisfied a!o"nt of
s"ch clai!& and !ay appoint a receiver& and !ake all
other orders& directions and in0"iries which the
circ"!stances of the case !ay re0"ire.
The interest !ay be redee!ed with the separate
property of any eneral partner& b"t !ay not be
redee!ed with partnership property.
The re!edies conferred by the first pararaph shall
not be dee!ed e)cl"sive of others which !ay e)ist.
6othin in this Chapter shall be held to deprive a
li!ited partner of his stat"tory e)e!ption.
Art. 13,'. (n settin acco"nts after dissol"tion the
liabilities of the partnership shall be entitled to
pay!ent in the followin order<
(1) Those to creditors& in the order of priority as
provided by law& e)cept those to li!ited partners on
acco"nt of their contrib"tions& and to eneral partners8
(2) Those to li!ited partners in respect to their share
of the profits and other co!pensation by way of
inco!e on their contrib"tions8
(') Those to li!ited partners in respect to the capital
of their contrib"tions8
(*) Those to eneral partners other than for capital
and profits8
(+) Those to eneral partners in respect to profits8
(,) Those to eneral partners in respect to capital.
@"b.ect to any state!ent in the certificate or to
s"bse0"ent aree!ent& li!ited partners share in the
partnership assets in respect to their clai!s for
capital& and in respect to their clai!s for profits or for
co!pensation by way of inco!e on their contrib"tion
respectively& in proportion to the respective a!o"nts
of s"ch clai!s.
Art. 13,*. The certificate shall be cancelled when the
partnership is dissolved or all li!ited partners cease
to be s"ch.
A certificate shall be a!ended when<
(1) There is a chane in the na!e of the partnership
or in the a!o"nt or character of the contrib"tion of
any li!ited partner8
(2) A person is s"bstit"ted as a li!ited partner8
(') An additional li!ited partner is ad!itted8
(*) A person is ad!itted as a eneral partner8
(+) A eneral partner retires& dies& beco!es insolvent
or insane& or is sentenced to civil interdiction and the
b"siness is contin"ed "nder Article 13,78
(,) There is a chane in the character of the b"siness
of the partnership8
(/) There is a false or erroneo"s state!ent in the
certificate8
(3) There is a chane in the ti!e as stated in the
certificate for the dissol"tion of the partnership or for
the ret"rn of a contrib"tion8
(5) A ti!e is fi)ed for the dissol"tion of the
partnership& or the ret"rn of a contrib"tion& no ti!e
havin been specified in the certificate& or
(17) The !e!bers desire to !ake a chane in any
other state!ent in the certificate in order that it shall
acc"rately represent the aree!ent a!on the!.
Art. 13,+. The writin to a!end a certificate shall<
(1) Confor! to the re0"ire!ents of Article 13** as far
as necessary to set forth clearly the chane in the
certificate which it is desired to !ake8 and
(2) Be sined and sworn to by all !e!bers& and an
a!end!ent s"bstit"tin a li!ited partner or addin a
li!ited or eneral partner shall be sined also by the
!e!ber to be s"bstit"ted or added& and when a
li!ited partner is to be s"bstit"ted& the a!end!ent
shall also be sined by the assinin li!ited partner.
The writin to cancel a certificate shall be sined by
all !e!bers.
A person desirin the cancellation or a!end!ent of a
certificate& if any person desinated in the first and
second pararaphs as a person who !"st e)ec"te
the writin ref"ses to do so& !ay petition the co"rt to
order a cancellation or a!end!ent thereof.
(f the co"rt finds that the petitioner has a riht to have
the writin e)ec"ted by a person who ref"ses to do
so& it shall order the #ffice of the @ec"rities and
:)chane Co!!ission where the certificate is
recorded& to record the cancellation or a!end!ent of
the certificate8 and when the certificate is to be
a!ended& the co"rt shall also ca"se to be filed for
record in said office a certified copy of its decree
settin forth the a!end!ent.
A certificate is a!ended or cancelled when there is
filed for record in the #ffice of the @ec"rities and
:)chane Co!!ission& where the certificate is
recorded<
(1) A writin in accordance with the provisions of the
first or second pararaph& or
(2) A certified copy of the order of the co"rt in
accordance with the provisions of the fo"rth
pararaph8
(') After the certificate is d"ly a!ended in accordance
with this article& the a!ended certified shall thereafter
be for all p"rposes the certificate provided for in this
Chapter.
Art. 13,,. A contrib"tor& "nless he is a eneral
partner& is not a proper party to proceedins by or
aainst a partnership& e)cept where the ob.ect is to
enforce a li!ited partner;s riht aainst or liability to
the partnership.
Art. 13,/. A li!ited partnership for!ed "nder the law
prior to the effectivity of this Code& !ay beco!e a
li!ited partnership "nder this Chapter by co!plyin
with the provisions of Article 13**& provided the
certificate sets forth<
(1) The a!o"nt of the oriinal contrib"tion of each
li!ited partner& and the ti!e when the contrib"tion
was !ade8 and
(2) That the property of the partnership e)ceeds the
a!o"nt s"fficient to dischare its liabilities to persons
not clai!in as eneral or li!ited partners by an
a!o"nt reater than the s"! of the contrib"tions of its
li!ited partners.
A li!ited partnership for!ed "nder the law prior to the
effectivity of this Code& "ntil or "nless it beco!es a
li!ited partnership "nder this Chapter& shall contin"e
to be overned by the provisions of the old law.

Title G. 1 A$:6CF

C9APT:- 1
6AT?-:& A#-= A6D H(6D@ #A A$:6CF

Art. 13,3. By the contract of aency a person binds
hi!self to render so!e service or to do so!ethin in
representation or on behalf of another& with the
consent or a"thority of the latter. (1/75a)
Art. 13,5. Aency !ay be e)press& or i!plied fro!
the acts of the principal& fro! his silence or lack of
action& or his fail"re to rep"diate the aency& knowin
that another person is actin on his behalf witho"t
a"thority.
Aency !ay be oral& "nless the law re0"ires a
specific for!. (1/17a)
Art. 13/7. Acceptance by the aent !ay also be
e)press& or i!plied fro! his acts which carry o"t the
aency& or fro! his silence or inaction accordin to
the circ"!stances. (n)
Art. 13/1. Between persons who are present& the
acceptance of the aency !ay also be i!plied if the
principal delivers his power of attorney to the aent
and the latter receives it witho"t any ob.ection. (n)
Art. 13/2. Between persons who are absent& the
acceptance of the aency cannot be i!plied fro! the
silence of the aent& e)cept<
(1) 2hen the principal trans!its his power of attorney
to the aent& who receives it witho"t any ob.ection8
(2) 2hen the principal entr"sts to hi! by letter or
telera! a power of attorney with respect to the
b"siness in which he is habit"ally enaed as an
aent& and he did not reply to the letter or telera!.
(n)
Art. 13/'. (f a person specially infor!s another or
states by p"blic advertise!ent that he has iven a
power of attorney to a third person& the latter thereby
beco!es a d"ly a"thori%ed aent& in the for!er case
with respect to the person who received the special
infor!ation& and in the latter case with reard to any
person.
The power shall contin"e to be in f"ll force "ntil the
notice is rescinded in the sa!e !anner in which it
was iven. (n)
Art. 13/*. 2hen a sale of a piece of land or any
interest therein is thro"h an aent& the a"thority of
the latter shall be in writin8 otherwise& the sale shall
be void. (n)
Art. 13/+. Aency is pres"!ed to be for a
co!pensation& "nless there is proof to the contrary.
(n)
Art. 13/,. An aency is either eneral or special.
The for!er co!prises all the b"siness of the principal.
The latter& one or !ore specific transactions. (1/12)
Art. 13//. An aency co"ched in eneral ter!s
co!prises only acts of ad!inistration& even if the
principal sho"ld state that he withholds no power or
that the aent !ay e)ec"te s"ch acts as he !ay
consider appropriate& or even tho"h the aency
sho"ld a"thori%e a eneral and "nli!ited
!anae!ent. (n)
Art. 13/3. @pecial powers of attorney are necessary
in the followin cases<
(1) To !ake s"ch pay!ents as are not "s"ally
considered as acts of ad!inistration8
(2) To effect novations which p"t an end to obliations
already in e)istence at the ti!e the aency was
constit"ted8
(') To co!pro!ise& to s"b!it 0"estions to arbitration&
to reno"nce the riht to appeal fro! a ."d!ent& to
waive ob.ections to the ven"e of an action or to
abandon a prescription already ac0"ired8
(*) To waive any obliation rat"ito"sly8
(+) To enter into any contract by which the ownership
of an i!!ovable is trans!itted or ac0"ired either
rat"ito"sly or for a val"able consideration8
(,) To !ake ifts& e)cept c"sto!ary ones for charity
or those !ade to e!ployees in the b"siness
!anaed by the aent8
(/) To loan or borrow !oney& "nless the latter act be
"rent and indispensable for the preservation of the
thins which are "nder ad!inistration8
(3) To lease any real property to another person for
!ore than one year8
(5) To bind the principal to render so!e service
witho"t co!pensation8
(17) To bind the principal in a contract of partnership8
(11) To obliate the principal as a "arantor or s"rety8
(12) To create or convey real rihts over i!!ovable
property8
(1') To accept or rep"diate an inheritance8
(1*) To ratify or reconi%e obliations contracted
before the aency8
(1+) Any other act of strict do!inion. (n)
Art. 13/5. A special power to sell e)cl"des the power
to !ortae8 and a special power to !ortae does
not incl"de the power to sell. (n)
Art. 1337. A special power to co!pro!ise does not
a"thori%e s"b!ission to arbitration. (1/1'a)
Art. 1331. The aent !"st act within the scope of his
a"thority. 9e !ay do s"ch acts as !ay be cond"cive
to the acco!plish!ent of the p"rpose of the aency.
(1/1*a)
Art. 1332. The li!its of the aent;s a"thority shall not
be considered e)ceeded sho"ld it have been
perfor!ed in a !anner !ore advantaeo"s to the
principal than that specified by hi!. (1/1+)
Art. 133'. (f an aent acts in his own na!e& the
principal has no riht of action aainst the persons
with who! the aent has contracted8 neither have
s"ch persons aainst the principal.
(n s"ch case the aent is the one directly bo"nd in
favor of the person with who! he has contracted& as if
the transaction were his own& e)cept when the
contract involves thins belonin to the principal.
The provisions of this article shall be "nderstood to be
witho"t pre."dice to the actions between the principal
and aent. (1/1/)

C9APT:- 2
#BL($AT(#6@ #A T9: A$:6T

Art. 133*. The aent is bo"nd by his acceptance to
carry o"t the aency& and is liable for the da!aes
which& thro"h his non1perfor!ance& the principal
!ay s"ffer.
9e !"st also finish the b"siness already be"n on
the death of the principal& sho"ld delay entail any
daner. (1/13)
Art. 133+. (n case a person declines an aency& he is
bo"nd to observe the dilience of a ood father of a
fa!ily in the c"stody and preservation of the oods
forwarded to hi! by the owner "ntil the latter sho"ld
appoint an aent or take chare of the oods. (n)
Art. 133,. @ho"ld there be a stip"lation that the aent
shall advance the necessary f"nds& he shall be bo"nd
to do so e)cept when the principal is insolvent. (n)
Art. 133/. (n the e)ec"tion of the aency& the aent
shall act in accordance with the instr"ctions of the
principal.
(n defa"lt thereof& he shall do all that a ood father of
a fa!ily wo"ld do& as re0"ired by the nat"re of the
b"siness. (1/15)
Art. 1333. An aent shall not carry o"t an aency if its
e)ec"tion wo"ld !anifestly res"lt in loss or da!ae to
the principal. (n)
Art. 1335. The aent shall be liable for da!aes if&
there bein a conflict between his interests and those
of the principal& he sho"ld prefer his own. (n)
Art. 1357. (f the aent has been e!powered to borrow
!oney& he !ay hi!self be the lender at the c"rrent
rate of interest. (f he has been a"thori%ed to lend
!oney at interest& he cannot borrow it witho"t the
consent of the principal. (n)
Art. 1351. :very aent is bo"nd to render an acco"nt
of his transactions and to deliver to the principal
whatever he !ay have received by virt"e of the
aency& even tho"h it !ay not be owin to the
principal.
:very stip"lation e)e!ptin the aent fro! the
obliation to render an acco"nt shall be void. (1/27a)
Art. 1352. The aent !ay appoint a s"bstit"te if the
principal has not prohibited hi! fro! doin so8 b"t he
shall be responsible for the acts of the s"bstit"te<
(1) 2hen he was not iven the power to appoint one8
(2) 2hen he was iven s"ch power& b"t witho"t
desinatin the person& and the person appointed
was notorio"sly inco!petent or insolvent.
All acts of the s"bstit"te appointed aainst the
prohibition of the principal shall be void. (1/21)
Art. 135'. (n the cases !entioned in 6os. 1 and 2 of
the precedin article& the principal !ay f"rther!ore
brin an action aainst the s"bstit"te with respect to
the obliations which the latter has contracted "nder
the s"bstit"tion. (1/22a)
Art. 135*. The responsibility of two or !ore aents&
even tho"h they have been appointed
si!"ltaneo"sly& is not solidary& if solidarity has not
been e)pressly stip"lated. (1/2')
Art. 135+. (f solidarity has been areed "pon& each of
the aents is responsible for the non1f"lfill!ent of
aency& and for the fa"lt or nelience of his fellows
aents& e)cept in the latter case when the fellow
aents acted beyond the scope of their a"thority. (n)
Art. 135,. The aent owes interest on the s"!s he
has applied to his own "se fro! the day on which he
did so& and on those which he still owes after the
e)tin"ish!ent of the aency. (1/2*a)
Art. 135/. The aent who acts as s"ch is not
personally liable to the party with who! he contracts&
"nless he e)pressly binds hi!self or e)ceeds the
li!its of his a"thority witho"t ivin s"ch party
s"fficient notice of his powers. (1/2+)
Art. 1353. (f the aent contracts in the na!e of the
principal& e)ceedin the scope of his a"thority& and
the principal does not ratify the contract& it shall be
void if the party with who! the aent contracted is
aware of the li!its of the powers ranted by the
principal. (n this case& however& the aent is liable if
he "ndertook to sec"re the principal;s ratification. (n)
Art. 1355. (f a d"ly a"thori%ed aent acts in
accordance with the orders of the principal& the latter
cannot set "p the inorance of the aent as to
circ"!stances whereof he hi!self was& or o"ht to
have been& aware. (n)
Art. 1577. @o far as third persons are concerned& an
act is dee!ed to have been perfor!ed within the
scope of the aent;s a"thority& if s"ch act is within the
ter!s of the power of attorney& as written& even if the
aent has in fact e)ceeded the li!its of his a"thority
accordin to an "nderstandin between the principal
and the aent. (n)
Art. 1571. A third person cannot set "p the fact that
the aent has e)ceeded his powers& if the principal
has ratified& or has sinified his willinness to ratify
the aent;s acts. (n)
Art. 1572. A third person with who! the aent wishes
to contract on behalf of the principal !ay re0"ire the
presentation of the power of attorney& or the
instr"ctions as reards the aency. Private or secret
orders and instr"ctions of the principal do not
pre."dice third persons who have relied "pon the
power of attorney or instr"ctions shown the!. (n)
Art. 157'. The co!!ission aent shall be responsible
for the oods received by hi! in the ter!s and
conditions and as described in the consin!ent&
"nless "pon receivin the! he sho"ld !ake a written
state!ent of the da!ae and deterioration s"ffered
by the sa!e. (n)
Art. 157*. The co!!ission aent who handles oods
of the sa!e kind and !ark& which belon to different
owners& shall distin"ish the! by co"nter!arks& and
desinate the !erchandise respectively belonin to
each principal. (n)
Art. 157+. The co!!ission aent cannot& witho"t the
e)press or i!plied consent of the principal& sell on
credit. @ho"ld he do so& the principal !ay de!and
fro! hi! pay!ent in cash& b"t the co!!ission aent
shall be entitled to any interest or benefit& which !ay
res"lt fro! s"ch sale. (n)
Art. 157,. @ho"ld the co!!ission aent& with
a"thority of the principal& sell on credit& he shall so
infor! the principal& with a state!ent of the na!es of
the b"yers. @ho"ld he fail to do so& the sale shall be
dee!ed to have been !ade for cash insofar as the
principal is concerned. (n)
Art. 157/. @ho"ld the co!!ission aent receive on a
sale& in addition to the ordinary co!!ission& another
called a "arantee co!!ission& he shall bear the risk
of collection and shall pay the principal the proceeds
of the sale on the sa!e ter!s areed "pon with the
p"rchaser. (n)
Art. 1573. The co!!ission aent who does not
collect the credits of his principal at the ti!e when
they beco!e d"e and de!andable shall be liable for
da!aes& "nless he proves that he e)ercised d"e
dilience for that p"rpose. (n)
Art. 1575. The aent is responsible not only for fra"d&
b"t also for nelience& which shall be ."ded with
!ore or less rior by the co"rts& accordin to whether
the aency was or was not for a co!pensation.
(1/2,)

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Art. 1517. The principal !"st co!ply with all the
obliations which the aent !ay have contracted
within the scope of his a"thority.
As for any obliation wherein the aent has e)ceeded
his power& the principal is not bo"nd e)cept when he
ratifies it e)pressly or tacitly. (1/2/)
Art. 1511. :ven when the aent has e)ceeded his
a"thority& the principal is solidarily liable with the
aent if the for!er allowed the latter to act as tho"h
he had f"ll powers. (n)
Art. 1512. The principal !"st advance to the aent&
sho"ld the latter so re0"est& the s"!s necessary for
the e)ec"tion of the aency.
@ho"ld the aent have advanced the!& the principal
!"st rei!b"rse hi! therefor& even if the b"siness or
"ndertakin was not s"ccessf"l& provided the aent is
free fro! all fa"lt.
The rei!b"rse!ent shall incl"de interest on the s"!s
advanced& fro! the day on which the advance was
!ade. (1/23)
Art. 151'. The principal !"st also inde!nify the aent
for all the da!aes which the e)ec"tion of the aency
!ay have ca"sed the latter& witho"t fa"lt or
nelience on his part. (1/25)
Art. 151*. The aent !ay retain in plede the thins
which are the ob.ect of the aency "ntil the principal
effects the rei!b"rse!ent and pays the inde!nity set
forth in the two precedin articles. (1/'7)
Art. 151+. (f two or !ore persons have appointed an
aent for a co!!on transaction or "ndertakin& they
shall be solidarily liable to the aent for all the
conse0"ences of the aency. (1/'1)
Art. 151,. 2hen two persons contract with reard to
the sa!e thin& one of the! with the aent and the
other with the principal& and the two contracts are
inco!patible with each other& that of prior date shall
be preferred& witho"t pre."dice to the provisions of
Article 1+**. (n)
Art. 151/. (n the case referred to in the precedin
article& if the aent has acted in ood faith& the
principal shall be liable in da!aes to the third person
whose contract !"st be re.ected. (f the aent acted in
bad faith& he alone shall be responsible. (n)
Art. 1513. The principal is not liable for the e)penses
inc"rred by the aent in the followin cases<
(1) (f the aent acted in contravention of the
principal;s instr"ctions& "nless the latter sho"ld wish to
avail hi!self of the benefits derived fro! the contract8
(2) 2hen the e)penses were d"e to the fa"lt of the
aent8
(') 2hen the aent inc"rred the! with knowlede
that an "nfavorable res"lt wo"ld ens"e& if the principal
was not aware thereof8
(*) 2hen it was stip"lated that the e)penses wo"ld be
borne by the aent& or that the latter wo"ld be allowed
only a certain s"!. (n)

C9APT:- *
=#D:@ #A :GT(6$?(@9=:6T #A A$:6CF

Art. 1515. Aency is e)tin"ished<
(1) By its revocation8
(2) By the withdrawal of the aent8
(') By the death& civil interdiction& insanity or
insolvency of the principal or of the aent8
(*) By the dissol"tion of the fir! or corporation which
entr"sted or accepted the aency8
(+) By the acco!plish!ent of the ob.ect or p"rpose of
the aency8
(,) By the e)piration of the period for which the
aency was constit"ted. (1/'2a)
Art. 1527. The principal !ay revoke the aency at
will& and co!pel the aent to ret"rn the doc"!ent
evidencin the aency. @"ch revocation !ay be
e)press or i!plied. (1/''a)
Art. 1521. (f the aency has been entr"sted for the
p"rpose of contractin with specified persons& its
revocation shall not pre."dice the latter if they were
not iven notice thereof. (1/'*)
Art. 1522. (f the aent had eneral powers& revocation
of the aency does not pre."dice third persons who
acted in ood faith and witho"t knowlede of the
revocation. 6otice of the revocation in a newspaper of
eneral circ"lation is a s"fficient warnin to third
persons. (n)
Art. 152'. The appoint!ent of a new aent for the
sa!e b"siness or transaction revokes the previo"s
aency fro! the day on which notice thereof was
iven to the for!er aent& witho"t pre."dice to the
provisions of the two precedin articles. (1/'+a)
Art. 152*. The aency is revoked if the principal
directly !anaes the b"siness entr"sted to the aent&
dealin directly with third persons. (n)
Art. 152+. 2hen two or !ore principals have ranted
a power of attorney for a co!!on transaction& any
one of the! !ay revoke the sa!e witho"t the
consent of the others. (n)
Art. 152,. A eneral power of attorney is revoked by a
special one ranted to another aent& as reards the
special !atter involved in the latter. (n)
Art. 152/. An aency cannot be revoked if a bilateral
contract depends "pon it& or if it is the !eans of
f"lfillin an obliation already contracted& or if a
partner is appointed !anaer of a partnership in the
contract of partnership and his re!oval fro! the
!anae!ent is "n."stifiable. (n)
Art. 1523. The aent !ay withdraw fro! the aency
by ivin d"e notice to the principal. (f the latter
sho"ld s"ffer any da!ae by reason of the
withdrawal& the aent !"st inde!nify hi! therefor&
"nless the aent sho"ld base his withdrawal "pon the
i!possibility of contin"in the perfor!ance of the
aency witho"t rave detri!ent to hi!self. (1/',a)
Art. 1525. The aent& even if he sho"ld withdraw fro!
the aency for a valid reason& !"st contin"e to act
"ntil the principal has had reasonable opport"nity to
take the necessary steps to !eet the sit"ation.
(1/'/a)
Art. 15'7. The aency shall re!ain in f"ll force and
effect even after the death of the principal& if it has
been constit"ted in the co!!on interest of the latter
and of the aent& or in the interest of a third person
who has accepted the stip"lation in his favor. (n)
Art. 15'1. Anythin done by the aent& witho"t
knowlede of the death of the principal or of any other
ca"se which e)tin"ishes the aency& is valid and
shall be f"lly effective with respect to third persons
who !ay have contracted with hi! in ood faith.
(1/'3)
Art. 15'2. (f the aent dies& his heirs !"st notify the
principal thereof& and in the !eanti!e adopt s"ch
!eas"res as the circ"!stances !ay de!and in the
interest of the latter. (1/'5)

Title G(. 1 L#A6

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Art. 15''. By the contract of loan& one of the parties
delivers to another& either so!ethin not cons"!able
so that the latter !ay "se the sa!e for a certain ti!e
and ret"rn it& in which case the contract is called a
co!!odat"!8 or !oney or other cons"!able thin&
"pon the condition that the sa!e a!o"nt of the sa!e
kind and 0"ality shall be paid& in which case the
contract is si!ply called a loan or !"t""!.
Co!!odat"! is essentially rat"ito"s.
@i!ple loan !ay be rat"ito"s or with a stip"lation to
pay interest.
(n co!!odat"! the bailor retains the ownership of
the thin loaned& while in si!ple loan& ownership
passes to the borrower. (1/*7a)
Art. 15'*. An accepted pro!ise to deliver so!ethin
by way of co!!odat"! or si!ple loan is bindin
"pon parties& b"t the co!!odat"! or si!ple loan
itself shall not be perfected "ntil the delivery of the
ob.ect of the contract. (n)

C9APT:- 1
C#==#DAT?=

@:CT(#6 1 1 6at"re of Co!!odat"!

Art. 15'+. The bailee in co!!odat"! ac0"ires the
"sed of the thin loaned b"t not its fr"its8 if any
co!pensation is to be paid by hi! who ac0"ires the
"se& the contract ceases to be a co!!odat"!.
(15*1a)
Art. 15',. Cons"!able oods !ay be the s"b.ect of
co!!odat"! if the p"rpose of the contract is not the
cons"!ption of the ob.ect& as when it is !erely for
e)hibition. (n)
Art. 15'/. =ovable or i!!ovable property !ay be the
ob.ect of co!!odat"!. (n)
Art. 15'3. The bailor in co!!odat"! need not be the
owner of the thin loaned. (n)
Art. 15'5. Co!!odat"! is p"rely personal in
character. Conse0"ently<
(1) The death of either the bailor or the bailee
e)tin"ishes the contract8
(2) The bailee can neither lend nor lease the ob.ect of
the contract to a third person. 9owever& the !e!bers
of the bailee;s ho"sehold !ay !ake "se of the thin
loaned& "nless there is a stip"lation to the contrary& or
"nless the nat"re of the thin forbids s"ch "se. (n)
Art. 15*7. A stip"lation that the bailee !ay !ake "se
of the fr"its of the thin loaned is valid. (n)

@:CT(#6 2. 1 #bliations of the Bailee

Art. 15*1. The bailee is oblied to pay for the ordinary
e)penses for the "se and preservation of the thin
loaned. (1/*'a)
Art. 15*2. The bailee is liable for the loss of the thin&
even if it sho"ld be thro"h a fort"ito"s event<
(1) (f he devotes the thin to any p"rpose different
fro! that for which it has been loaned8
(2) (f he keeps it loner than the period stip"lated& or
after the acco!plish!ent of the "se for which the
co!!odat"! has been constit"ted8
(') (f the thin loaned has been delivered with
appraisal of its val"e& "nless there is a stip"lation
e)e!ption the bailee fro! responsibility in case of a
fort"ito"s event8
(*) (f he lends or leases the thin to a third person&
who is not a !e!ber of his ho"sehold8
(+) (f& bein able to save either the thin borrowed or
his own thin& he chose to save the latter. (1/**a and
1/*+)
Art. 15*'. The bailee does not answer for the
deterioration of the thin loaned d"e only to the "se
thereof and witho"t his fa"lt. (1/*,)
Art. 15**. The bailee cannot retain the thin loaned
on the ro"nd that the bailor owes hi! so!ethin&
even tho"h it !ay be by reason of e)penses.
9owever& the bailee has a riht of retention for
da!aes !entioned in Article 15+1. (1/*/a)
Art. 15*+. 2hen there are two or !ore bailees to
who! a thin is loaned in the sa!e contract& they are
liable solidarily. (1/*3a)

@:CT(#6 '. 1 #bliations of the Bailor

Art. 15*,. The bailor cannot de!and the ret"rn of the
thin loaned till after the e)piration of the period
stip"lated& or after the acco!plish!ent of the "se for
which the co!!odat"! has been constit"ted.
9owever& if in the !eanti!e& he sho"ld have "rent
need of the thin& he !ay de!and its ret"rn or
te!porary "se.
(n case of te!porary "se by the bailor& the contract of
co!!odat"! is s"spended while the thin is in the
possession of the bailor. (1/*5a)
Art. 15*/. The bailor !ay de!and the thin at will&
and the contract"al relation is called a precari"!& in
the followin cases<
(1) (f neither the d"ration of the contract nor the "se to
which the thin loaned sho"ld be devoted& has been
stip"lated8 or
(2) (f the "se of the thin is !erely tolerated by the
owner. (1/+7a)
Art. 15*3. The bailor !ay de!and the i!!ediate
ret"rn of the thin if the bailee co!!its any act of
inratit"de specified in Article /,+. (n)
Art. 15*5. The bailor shall ref"nd the e)traordinary
e)penses d"rin the contract for the preservation of
the thin loaned& provided the bailee brins the sa!e
to the knowlede of the bailor before inc"rrin the!&
e)cept when they are so "rent that the reply to the
notification cannot be awaited witho"t daner.
(f the e)traordinary e)penses arise on the occasion of
the act"al "se of the thin by the bailee& even tho"h
he acted witho"t fa"lt& they shall be borne e0"ally by
both the bailor and the bailee& "nless there is a
stip"lation to the contrary. (1/+1a)
Art. 15+7. (f& for the p"rpose of !akin "se of the
thin& the bailee inc"rs e)penses other than those
referred to in Articles 15*1 and 15*5& he is not
entitled to rei!b"rse!ent. (n)
Art. 15+1. The bailor who& knowin the flaws of the
thin loaned& does not advise the bailee of the sa!e&
shall be liable to the latter for the da!aes which he
!ay s"ffer by reason thereof. (1/+2)
Art. 15+2. The bailor cannot e)e!pt hi!self fro! the
pay!ent of e)penses or da!aes by abandonin the
thin to the bailee. (n)

C9APT:- 2
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Art. 15+'. A person who receives a loan of !oney or
any other f"nible thin ac0"ires the ownership
thereof& and is bo"nd to pay to the creditor an e0"al
a!o"nt of the sa!e kind and 0"ality. (1/+'a)
Art. 15+*. A contract whereby one person transfers
the ownership of non1f"nible thins to another with
the obliation on the part of the latter to ive thins of
the sa!e kind& 0"antity& and 0"ality shall be
considered a barter. (n)
Art. 15++. The obliation of a person who borrows
!oney shall be overned by the provisions of Articles
12*5 and 12+7 of this Code.
(f what was loaned is a f"nible thin other than
!oney& the debtor owes another thin of the sa!e
kind& 0"antity and 0"ality& even if it sho"ld chane in
val"e. (n case it is i!possible to deliver the sa!e
kind& its val"e at the ti!e of the perfection of the loan
shall be paid. (1/+*a)
Art. 15+,. 6o interest shall be d"e "nless it has been
e)pressly stip"lated in writin. (1/++a)
Art. 15+/. Contracts and stip"lations& "nder any cloak
or device whatever& intended to circ"!vent the laws
aainst "s"ry shall be void. The borrower !ay
recover in accordance with the laws on "s"ry. (n)
Art. 15+3. (n the deter!ination of the interest& if it is
payable in kind& its val"e shall be appraised at the
c"rrent price of the prod"cts or oods at the ti!e and
place of pay!ent. (n)
Art. 15+5. 2itho"t pre."dice to the provisions of
Article 2212& interest d"e and "npaid shall not earn
interest. 9owever& the contractin parties !ay by
stip"lation capitali%e the interest d"e and "npaid&
which as added principal& shall earn new interest. (n)
Art. 15,7. (f the borrower pays interest when there
has been no stip"lation therefor& the provisions of this
Code concernin sol"tio indebiti& or nat"ral
obliations& shall be applied& as the case !ay be. (n)
Art. 15,1. ?s"rio"s contracts shall be overned by
the ?s"ry Law and other special laws& so far as they
are not inconsistent with this Code. (n)

Title G((. 1 D:P#@(T

C9APT:- 1
D:P#@(T (6 $:6:-AL A6D (T@ D(AA:-:6T
H(6D@

Art. 15,2. A deposit is constit"ted fro! the !o!ent a
person receives a thin belonin to another& with the
obliation of safely keepin it and of ret"rnin the
sa!e. (f the safekeepin of the thin delivered is not
the principal p"rpose of the contract& there is no
deposit b"t so!e other contract. (1/+3a)
Art. 15,'. An aree!ent to constit"te a deposit is
bindin& b"t the deposit itself is not perfected "ntil the
delivery of the thin. (n)
Art. 15,*. A deposit !ay be constit"ted ."dicially or
e)tra."dicially. (1/+5)
Art. 15,+. A deposit is a rat"ito"s contract& e)cept
when there is an aree!ent to the contrary& or "nless
the depositary is enaed in the b"siness of storin
oods. (1/,7a)
Art. 15,,. #nly !ovable thins !ay be the ob.ect of a
deposit. (1/,1)
Art. 15,/. An e)tra."dicial deposit is either vol"ntary
or necessary. (1/,2)

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@:CT(#6 1. 1 $eneral Provisions

Art. 15,3. A vol"ntary deposit is that wherein the
delivery is !ade by the will of the depositor. A deposit
!ay also be !ade by two or !ore persons each of
who! believes hi!self entitled to the thin deposited
with a third person& who shall deliver it in a proper
case to the one to who! it belons. (1/,')
Art. 15,5. A contract of deposit !ay be entered into
orally or in writin. (n)
Art. 15/7. (f a person havin capacity to contract
accepts a deposit !ade by one who is incapacitated&
the for!er shall be s"b.ect to all the obliations of a
depositary& and !ay be co!pelled to ret"rn the thin
by the "ardian& or ad!inistrator& of the person who
!ade the deposit& or by the latter hi!self if he sho"ld
ac0"ire capacity. (1/,*)
Art. 15/1. (f the deposit has been !ade by a
capacitated person with another who is not& the
depositor shall only have an action to recover the
thin deposited while it is still in the possession of the
depositary& or to co!pel the latter to pay hi! the
a!o"nt by which he !ay have enriched or benefited
hi!self with the thin or its price. 9owever& if a third
person who ac0"ired the thin acted in bad faith& the
depositor !ay brin an action aainst hi! for its
recovery. (1/,+a)

@:CT(#6 2. 1 #bliations of the Depositary

Art. 15/2. The depositary is oblied to keep the thin
safely and to ret"rn it& when re0"ired& to the depositor&
or to his heirs and s"ccessors& or to the person who
!ay have been desinated in the contract. 9is
responsibility& with reard to the safekeepin and the
loss of the thin& shall be overned by the provisions
of Title ( of this Book.
(f the deposit is rat"ito"s& this fact shall be taken into
acco"nt in deter!inin the deree of care that the
depositary !"st observe. (1/,,a)
Art. 15/'. ?nless there is a stip"lation to the contrary&
the depositary cannot deposit the thin with a third
person. (f deposit with a third person is allowed& the
depositary is liable for the loss if he deposited the
thin with a person who is !anifestly careless or "nfit.
The depositary is responsible for the nelience of his
e!ployees. (n)
Art. 15/*. The depositary !ay chane the way of the
deposit if "nder the circ"!stances he !ay reasonably
pres"!e that the depositor wo"ld consent to the
chane if he knew of the facts of the sit"ation.
9owever& before the depositary !ay !ake s"ch
chane& he shall notify the depositor thereof and wait
for his decision& "nless delay wo"ld ca"se daner. (n)
Art. 15/+. The depositary holdin certificates& bonds&
sec"rities or instr"!ents which earn interest shall be
bo"nd to collect the latter when it beco!es d"e& and
to take s"ch steps as !ay be necessary in order that
the sec"rities !ay preserve their val"e and the rihts
correspondin to the! accordin to law.
The above provision shall not apply to contracts for
the rent of safety deposit bo)es. (n)
Art. 15/,. ?nless there is a stip"lation to the contrary&
the depositary !ay co!!inle rain or other articles
of the sa!e kind and 0"ality& in which case the
vario"s depositors shall own or have a proportionate
interest in the !ass. (n)
Art. 15//. The depositary cannot !ake "se of the
thin deposited witho"t the e)press per!ission of the
depositor.
#therwise& he shall be liable for da!aes.
9owever& when the preservation of the thin
deposited re0"ires its "se& it !"st be "sed b"t only for
that p"rpose. (1/,/a)
Art. 15/3. 2hen the depositary has per!ission to "se
the thin deposited& the contract loses the concept of
a deposit and beco!es a loan or co!!odat"!&
e)cept where safekeepin is still the principal p"rpose
of the contract.
The per!ission shall not be pres"!ed& and its
e)istence !"st be proved. (1/,3a)
Art. 15/5. The depositary is liable for the loss of the
thin thro"h a fort"ito"s event<
(1) (f it is so stip"lated8
(2) (f he "ses the thin witho"t the depositor;s
per!ission8
(') (f he delays its ret"rn8
(*) (f he allows others to "se it& even tho"h he
hi!self !ay have been a"thori%ed to "se the sa!e.
(n)
Art. 1537. Ai)ed& savins& and c"rrent deposits of
!oney in banks and si!ilar instit"tions shall be
overned by the provisions concernin si!ple loan.
(n)
Art. 1531. 2hen the thin deposited is delivered
closed and sealed& the depositary !"st ret"rn it in the
sa!e condition& and he shall be liable for da!aes
sho"ld the seal or lock be broken thro"h his fa"lt.
Aa"lt on the part of the depositary is pres"!ed&
"nless there is proof to the contrary.
As reards the val"e of the thin deposited& the
state!ent of the depositor shall be accepted& when
the forcible openin is i!p"table to the depositary&
sho"ld there be no proof to the contrary. 9owever& the
co"rts !ay pass "pon the credibility of the depositor
with respect to the val"e clai!ed by hi!.
2hen the seal or lock is broken& with or witho"t the
depositary;s fa"lt& he shall keep the secret of the
deposit. (1/,5a)
Art. 1532. 2hen it beco!es necessary to open a
locked bo) or receptacle& the depositary is pres"!ed
a"thori%ed to do so& if the key has been delivered to
hi!8 or when the instr"ctions of the depositor as
reards the deposit cannot be e)ec"ted witho"t
openin the bo) or receptacle. (n)
Art. 153'. The thin deposited shall be ret"rned with
all its prod"cts& accessories and accessions.
@ho"ld the deposit consist of !oney& the provisions
relative to aents in article 135, shall be applied to
the depositary. (1//7)
Art. 153*. The depositary cannot de!and that the
depositor prove his ownership of the thin deposited.
6evertheless& sho"ld he discover that the thin has
been stolen and who its tr"e owner is& he !"st advise
the latter of the deposit.
(f the owner& in spite of s"ch infor!ation& does not
clai! it within the period of one !onth& the depositary
shall be relieved of all responsibility by ret"rnin the
thin deposited to the depositor.
(f the depositary has reasonable ro"nds to believe
that the thin has not been lawf"lly ac0"ired by the
depositor& the for!er !ay ret"rn the sa!e. (1//1a)
Art. 153+. 2hen there are two or !ore depositors& if
they are not solidary& and the thin ad!its of division&
each one cannot de!and !ore than his share.
2hen there is solidarity or the thin does not ad!it of
division& the provisions of Articles 1212 and 121*
shall overn. 9owever& if there is a stip"lation that the
thin sho"ld be ret"rned to one of the depositors& the
depositary shall ret"rn it only to the person
desinated. (1//2a)
Art. 153,. (f the depositor sho"ld lose his capacity to
contract after havin !ade the deposit& the thin
cannot be ret"rned e)cept to the persons who !ay
have the ad!inistration of his property and rihts.
(1//')
Art. 153/. (f at the ti!e the deposit was !ade a place
was desinated for the ret"rn of the thin& the
depositary !"st take the thin deposited to s"ch
place8 b"t the e)penses for transportation shall be
borne by the depositor.
(f no place has been desinated for the ret"rn& it shall
be !ade where the thin deposited !ay be& even if it
sho"ld not be the sa!e place where the deposit was
!ade& provided that there was no !alice on the part
of the depositary. (1//*)
Art. 1533. The thin deposited !"st be ret"rned to
the depositor "pon de!and& even tho"h a specified
period or ti!e for s"ch ret"rn !ay have been fi)ed.
This provision shall not apply when the thin is
."dicially attached while in the depositary;s
possession& or sho"ld he have been notified of the
opposition of a third person to the ret"rn or the
re!oval of the thin deposited. (n these cases& the
depositary !"st i!!ediately infor! the depositor of
the attach!ent or opposition. (1//+)
Art. 1535. ?nless the deposit is for a val"able
consideration& the depositary who !ay have ."stifiable
reasons for not keepin the thin deposited !ay&
even before the ti!e desinated& ret"rn it to the
depositor8 and if the latter sho"ld ref"se to receive it&
the depositary !ay sec"re its consination fro! the
co"rt. (1//,a)
Art. 1557. (f the depositary by force !a.e"re or
overn!ent order loses the thin and receives !oney
or another thin in its place& he shall deliver the s"!
or other thin to the depositor. (1///a)
Art. 1551. The depositor;s heir who in ood faith !ay
have sold the thin which he did not know was
deposited& shall only be bo"nd to ret"rn the price he
!ay have received or to assin his riht of action
aainst the b"yer in case the price has not been paid
hi!. (1//3)

@:CT(#6 '. 1 #bliations of the Depositor

Art. 1552. (f the deposit is rat"ito"s& the depositor is
oblied to rei!b"rse the depositary for the e)penses
he !ay have inc"rred for the preservation of the thin
deposited. (1//5a)
Art. 155'. The depositor shall rei!b"rse the
depositary for any loss arisin fro! the character of
the thin deposited& "nless at the ti!e of the
constit"tion of the deposit the for!er was not aware
of& or was not e)pected to know the danero"s
character of the thin& or "nless he notified the
depositary of the sa!e& or the latter was aware of it
witho"t advice fro! the depositor. (n)
Art. 155*. The depositary !ay retain the thin in
plede "ntil the f"ll pay!ent of what !ay be d"e hi!
by reason of the deposit. (1/37)
Art. 155+. A deposit its e)tin"ished<
(1) ?pon the loss or destr"ction of the thin
deposited8
(2) (n case of a rat"ito"s deposit& "pon the death of
either the depositor or the depositary. (n)
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Art. 155,. A deposit is necessary<
(1) 2hen it is !ade in co!pliance with a leal
obliation8
(2) 2hen it takes place on the occasion of any
cala!ity& s"ch as fire& stor!& flood& pillae& shipwreck&
or other si!ilar events. (1/31a)
Art. 155/. The deposit referred to in 6o. 1 of the
precedin article shall be overned by the provisions
of the law establishin it& and in case of its deficiency&
by the r"les on vol"ntary deposit.
The deposit !entioned in 6o. 2 of the precedin
article shall be re"lated by the provisions concernin
vol"ntary deposit and by Article 21,3. (1/32)
Art. 1553. The deposit of effects !ade by the
travellers in hotels or inns shall also be rearded as
necessary. The keepers of hotels or inns shall be
responsible for the! as depositaries& provided that
notice was iven to the!& or to their e!ployees& of the
effects bro"ht by the "ests and that& on the part of
the latter& they take the preca"tions which said hotel1
keepers or their s"bstit"tes advised relative to the
care and viilance of their effects. (1/3')
Art. 1555. The hotel1keeper is liable for the vehicles&
ani!als and articles which have been introd"ced or
placed in the anne)es of the hotel. (n)
Art. 2777. The responsibility referred to in the two
precedin articles shall incl"de the loss of& or in."ry to
the personal property of the "ests ca"sed by the
servants or e!ployees of the keepers of hotels or
inns as well as straners8 b"t not that which !ay
proceed fro! any force !a.e"re. The fact that
travellers are constrained to rely on the viilance of
the keeper of the hotels or inns shall be considered in
deter!inin the deree of care re0"ired of hi!.
(1/3*a)
Art. 2771. The act of a thief or robber& who has
entered the hotel is not dee!ed force !a.e"re& "nless
it is done with the "se of ar!s or thro"h an
irresistible force. (n)
Art. 2772. The hotel1keeper is not liable for
co!pensation if the loss is d"e to the acts of the
"est& his fa!ily& servants or visitors& or if the loss
arises fro! the character of the thins bro"ht into
the hotel. (n)
Art. 277'. The hotel1keeper cannot free hi!self fro!
responsibility by postin notices to the effect that he is
not liable for the articles bro"ht by the "est. Any
stip"lation between the hotel1keeper and the "est
whereby the responsibility of the for!er as set forth in
articles 1553 to 2771 is s"ppressed or di!inished
shall be void. (n)
Art. 277*. The hotel1keeper has a riht to retain the
thins bro"ht into the hotel by the "est& as a
sec"rity for credits on acco"nt of lodin& and
s"pplies "s"ally f"rnished to hotel "ests. (n)

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Art. 277+. A ."dicial deposit or se0"estration takes
place when an attach!ent or sei%"re of property in
litiation is ordered. (1/3+)
Art. 277,. =ovable as well as i!!ovable property
!ay be the ob.ect of se0"estration. (1/3,)
Art. 277/. The depositary of property or ob.ects
se0"estrated cannot be relieved of his responsibility
"ntil the controversy which ave rise thereto has
co!e to an end& "nless the co"rt so orders. (1/3/a)
Art. 2773. The depositary of property se0"estrated is
bo"nd to co!ply& with respect to the sa!e& with all
the obliations of a ood father of a fa!ily. (1/33)
Art. 2775. As to !atters not provided for in this Code&
."dicial se0"estration shall be overned by the -"les
of Co"rt. (1/35)

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Art. 2717. By an aleatory contract& one of the parties
or both reciprocally bind the!selves to ive or to do
so!ethin in consideration of what the other shall
ive or do "pon the happenin of an event which is
"ncertain& or which is to occ"r at an indeter!inate
ti!e. (1/57)

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Art. 2711. The contract of ins"rance is overned by
special laws. =atters not e)pressly provided for in
s"ch special laws shall be re"lated by this Code. (n)
Art. 2712. Any person who is forbidden fro! receivin
any donation "nder Article /'5 cannot be na!ed
beneficiary of a life ins"rance policy by the person
who cannot !ake any donation to hi!& accordin to
said article. (n)

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Art. 271'. A a!e of chance is that which depends
!ore on chance or ha%ard than or skill or ability. Aor
the p"rposes of the followin articles& in case of do"bt
a a!e is dee!ed to be one of chance. (n)
Art. 271*. 6o action can be !aintained by the winner
for the collection of what he has won in a a!e of
chance. B"t any loser in a a!e of chance !ay
recover his loss fro! the winner& with leal interest
fro! the ti!e he paid the a!o"nt lost& and s"bsidiarily
fro! the operator or !anaer of the a!blin ho"se.
(1/55a)
Art. 271+. (f cheatin or deceit is co!!itted by the
winner& he& and s"bsidiarily the operator or !anaer
of the a!blin ho"se& shall pay by way of e)e!plary
da!aes& not less than the e0"ivalent of the s"! lost&
in addition to the latter a!o"nt. (f both the winner and
the loser have perpetrated fra"d& no action for
recovery can be bro"ht by either. (n)
Art. 271,. (f the loser ref"ses or nelects to brin an
action to recover what has been lost& his or her
creditors& spo"se& descendants or other persons
entitled to be s"pported by the loser !ay instit"te the
action. The s"! thereby obtained shall be applied to
the creditors; clai!s& or to the s"pport of the spo"se
or relatives& as the case !ay be. (n)
Art. 271/. The provisions of Article 271* and 271,
apply when two or !ore persons bet in a a!e of
chance& altho"h they take no active part in the a!e
itself. (1/55a)
Art. 2713. (f a contract which p"rports to be for the
delivery of oods& sec"rities or shares of stock is
entered into with the intention that the difference
between the price stip"lated and the e)chane or
!arket price at the ti!e of the pretended delivery
shall be paid by the loser to the winner& the
transaction is n"ll and void. The loser !ay recover
what he has paid. (n)
Art. 2715. Bettin on the res"lt of sports& athletic
co!petitions& or a!es of skill !ay be prohibited by
local ordinances. (n)
Art. 2727. The loser in any a!e which is not one of
chance& when there is no local ordinance which
prohibits bettin therein& is "nder obliation to pay his
loss& "nless the a!o"nt thereof is e)cessive "nder
the circ"!stances. (n the latter case& the co"rt shall
red"ce the loss to the proper s"!. (1371a)

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Art. 2721. The aleatory contract of life ann"ity binds
the debtor to pay an ann"al pension or inco!e d"rin
the life of one or !ore deter!inate persons in
consideration of a capital consistin of !oney or other
property& whose ownership is transferred to hi! at
once with the b"rden of the inco!e. (1372a)
Art. 2722. The ann"ity !ay be constit"ted "pon the
life of the person who ives the capital& "pon that of a
third person& or "pon the lives of vario"s persons& all
of who! !"st be livin at the ti!e the ann"ity is
established.
(t !ay also be constit"ted in favor of the person or
persons "pon whose life or lives the contract is
entered into& or in favor of another or other persons.
(137')
Art. 272'. Life ann"ity shall be void if constit"ted "pon
the life of a person who was already dead at the ti!e
the contract was entered into& or who was at that ti!e
s"fferin fro! an illness which ca"sed his death
within twenty days followin said date. (137*)
Art. 272*. The lack of pay!ent of the inco!e d"e
does not a"thori%e the recipient of the life ann"ity to
de!and the rei!b"rse!ent of the capital or to retake
possession of the property alienated& "nless there is a
stip"lation to the contrary8 he shall have only a riht
."dicially to clai! the pay!ent of the inco!e in
arrears and to re0"ire a sec"rity for the f"t"re inco!e&
"nless there is a stip"lation to the contrary. (137+a)
Art. 272+. The inco!e correspondin to the year in
which the person en.oyin it dies shall be paid in
proportion to the days d"rin which he lived8 if the
inco!e sho"ld be paid by install!ents in advance& the
whole a!o"nt of the install!ent which bean to r"n
d"rin his life shall be paid. (137,)
Art. 272,. 9e who constit"tes an ann"ity by rat"ito"s
title "pon his property& !ay provide at the ti!e the
ann"ity is established that the sa!e shall not be
s"b.ect to e)ec"tion or attach!ent on acco"nt of the
obliations of the recipient of the ann"ity. (f the
ann"ity was constit"ted in fra"d of creditors& the latter
!ay ask for the e)ec"tion or attach!ent of the
property. (137/a)
Art. 272/. 6o ann"ity shall be clai!ed witho"t first
provin the e)istence of the person "pon whose life
the ann"ity is constit"ted. (1373)

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Art. 2723. A co!pro!ise is a contract whereby the
parties& by !akin reciprocal concessions& avoid a
litiation or p"t an end to one already co!!enced.
(1375a)
Art. 2725. The co"rt shall endeavor to pers"ade the
litiants in a civil case to aree "pon so!e fair
co!pro!ise. (n)
Art. 27'7. :very civil action or proceedin shall be
s"spended<
(1) (f willinness to disc"ss a possible co!pro!ise is
e)pressed by one or both parties8 or
(2) (f it appears that one of the parties& before the
co!!ence!ent of the action or proceedin& offered
to disc"ss a possible co!pro!ise b"t the other party
ref"sed the offer.
The d"ration and ter!s of the s"spension of the civil
action or proceedin and si!ilar !atters shall be
overned by s"ch provisions of the r"les of co"rt as
the @"pre!e Co"rt shall pro!"late. @aid r"les of
co"rt shall likewise provide for the appoint!ent and
d"ties of a!icable co!po"nders. (n)
Art. 27'1. The co"rts !ay !itiate the da!aes to be
paid by the losin party who has shown a sincere
desire for a co!pro!ise. (n)
Art. 27'2. The co"rt;s approval is necessary in
co!pro!ises entered into by "ardians& parents&
absentee;s representatives& and ad!inistrators or
e)ec"tors of decedent;s estates. (1317a)
Art. 27''. 4"ridical persons !ay co!pro!ise only in
the for! and with the re0"isites which !ay be
necessary to alienate their property. (1312a)
Art. 27'*. There !ay be a co!pro!ise "pon the civil
liability arisin fro! an offense8 b"t s"ch co!pro!ise
shall not e)tin"ish the p"blic action for the i!position
of the leal penalty. (131')
Art. 27'+. 6o co!pro!ise "pon the followin
0"estions shall be valid<
(1) The civil stat"s of persons8
(2) The validity of a !arriae or a leal separation8
(') Any ro"nd for leal separation8
(*) A"t"re s"pport8
(+) The ."risdiction of co"rts8
(,) A"t"re leiti!e. (131*a)
Art. 27',. A co!pro!ise co!prises only those
ob.ects which are definitely stated therein& or which by
necessary i!plication fro! its ter!s sho"ld be
dee!ed to have been incl"ded in the sa!e.
A eneral ren"nciation of rihts is "nderstood to refer
only to those that are connected with the disp"te
which was the s"b.ect of the co!pro!ise. (131+)
Art. 27'/. A co!pro!ise has "pon the parties the
effect and a"thority of res ."dicata8 b"t there shall be
no e)ec"tion e)cept in co!pliance with a ."dicial
co!pro!ise. (131,)
Art. 27'3. A co!pro!ise in which there is !istake&
fra"d& violence& inti!idation& "nd"e infl"ence& or
falsity of doc"!ents& is s"b.ect to the provisions of
Article 1''7 of this Code.
9owever& one of parties cannot set "p a !istake of
fact as aainst the other if the latter& by virt"e of the
co!pro!ise& has withdrawn fro! a litiation already
co!!enced. (131/a)
Art. 27'5. 2hen the parties co!pro!ise enerally on
all differences which they !iht have with each other&
the discovery of doc"!ents referrin to one or !ore
b"t not to all of the 0"estions settled shall not itself be
a ca"se for ann"l!ent or rescission of the
co!pro!ise& "nless said doc"!ents have been
concealed by one of the parties.
B"t the co!pro!ise !ay be ann"lled or rescinded if it
refers only to one thin to which one of the parties
has no riht& as shown by the newly1discovered
doc"!ents. (n)
Art. 27*7. (f after a litiation has been decided by a
final ."d!ent& a co!pro!ise sho"ld be areed "pon&
either or both parties bein "naware of the e)istence
of the final ."d!ent& the co!pro!ise !ay be
rescinded.
(norance of a ."d!ent which !ay be revoked or set
aside is not a valid ro"nd for attackin a
co!pro!ise. (1315a)
Art. 27*1. (f one of the parties fails or ref"ses to abide
by the co!pro!ise& the other party !ay either
enforce the co!pro!ise or reard it as rescinded and
insist "pon his oriinal de!and. (n)

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Art. 27*2. The sa!e persons who !ay enter into a
co!pro!ise !ay s"b!it their controversies to one or
!ore arbitrators for decision. (1327a)
Art. 27*'. The provisions of the precedin Chapter
"pon co!pro!ises shall also be applicable to
arbitrations. (1321a)
Art. 27**. Any stip"lation that the arbitrators; award or
decision shall be final& is valid& witho"t pre."dice to
Articles 27'3& 27'5& and 27*7. (n)
Art. 27*+. Any cla"se ivin one of the parties power
to choose !ore arbitrators than the other is void and
of no effect. (n)
Art. 27*,. The appoint!ent of arbitrators and the
proced"re for arbitration shall be overned by the
provisions of s"ch r"les of co"rt as the @"pre!e
Co"rt shall pro!"late. (n)

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Art. 27*/. By "aranty a person& called the "arantor&
binds hi!self to the creditor to f"lfill the obliation of
the principal debtor in case the latter sho"ld fail to do
so.
(f a person binds hi!self solidarily with the principal
debtor& the provisions of @ection *& Chapter '& Title (
of this Book shall be observed. (n s"ch case the
contract is called a s"retyship. (1322a)
Art. 27*3. A "aranty is rat"ito"s& "nless there is a
stip"lation to the contrary. (n)
Art. 27*5. A !arried wo!an !ay "arantee an
obliation witho"t the h"sband;s consent& b"t shall not
thereby bind the con."al partnership& e)cept in cases
provided by law. (n)
Art. 27+7. (f a "aranty is entered into witho"t the
knowlede or consent& or aainst the will of the
principal debtor& the provisions of Articles 12', and
12'/ shall apply. (n)
Art. 27+1. A "aranty !ay be conventional& leal or
."dicial& rat"ito"s& or by onero"s title.
(t !ay also be constit"ted& not only in favor of the
principal debtor& b"t also in favor of the other
"arantor& with the latter;s consent& or witho"t his
knowlede& or even over his ob.ection. (132')
Art. 27+2. A "aranty cannot e)ist witho"t a valid
obliation.
6evertheless& a "aranty !ay be constit"ted to
"arantee the perfor!ance of a voidable or an
"nenforceable contract. (t !ay also "arantee a
nat"ral obliation. (132*a)
Art. 27+'. A "aranty !ay also be iven as sec"rity
for f"t"re debts& the a!o"nt of which is not yet known8
there can be no clai! aainst the "arantor "ntil the
debt is li0"idated. A conditional obliation !ay also
be sec"red. (132+a)
Art. 27+*. A "arantor !ay bind hi!self for less& b"t
not for !ore than the principal debtor& both as reards
the a!o"nt and the onero"s nat"re of the conditions.
@ho"ld he have bo"nd hi!self for !ore& his
obliations shall be red"ced to the li!its of that of the
debtor. (132,)
Art. 27++. A "aranty is not pres"!ed8 it !"st be
e)press and cannot e)tend to !ore than what is
stip"lated therein.
(f it be si!ple or indefinite& it shall co!pro!ise not
only the principal obliation& b"t also all its
accessories& incl"din the ."dicial costs& provided with
respect to the latter& that the "arantor shall only be
liable for those costs inc"rred after he has been
."dicially re0"ired to pay. (132/a)
Art. 27+,. #ne who is oblied to f"rnish a "arantor
shall present a person who possesses interity&
capacity to bind hi!self& and s"fficient property to
answer for the obliation which he "arantees. The
"arantor shall be s"b.ect to the ."risdiction of the
co"rt of the place where this obliation is to be
co!plied with. (1323a)
Art. 27+/. (f the "arantor sho"ld be convicted in first
instance of a cri!e involvin dishonesty or sho"ld
beco!e insolvent& the creditor !ay de!and another
who has all the 0"alifications re0"ired in the
precedin article. The case is e)cepted where the
creditor has re0"ired and stip"lated that a specified
person sho"ld be the "arantor. (1325a)

C9APT:- 2
:AA:CT@ #A $?A-A6TF

@:CT(#6 1. 1 :ffects of $"aranty
Between the $"arantor and the Creditor

Art. 27+3. The "arantor cannot be co!pelled to pay
the creditor "nless the latter has e)ha"sted all the
property of the debtor& and has resorted to all the
leal re!edies aainst the debtor. (13'7a)
Art. 27+5. The e)c"ssion shall not take place<
(1) (f the "arantor has e)pressly reno"nced it8
(2) (f he has bo"nd hi!self solidarily with the debtor8
(') (n case of insolvency of the debtor8
(*) 2hen he has absconded& or cannot be s"ed within
the Philippines "nless he has left a !anaer or
representative8
(+) (f it !ay be pres"!ed that an e)ec"tion on the
property of the principal debtor wo"ld not res"lt in the
satisfaction of the obliation. (13'1a)
Art. 27,7. (n order that the "arantor !ay !ake "se
of the benefit of e)cl"sion& he !"st set it "p aainst
the creditor "pon the latter;s de!and for pay!ent
fro! hi!& and point o"t to the creditor available
property of the debtor within Philippine territory&
s"fficient to cover the a!o"nt of the debt. (13'2)
Art. 27,1. The "arantor havin f"lfilled all the
conditions re0"ired in the precedin article& the
creditor who is nelient in e)ha"stin the property
pointed o"t shall s"ffer the loss& to the e)tent of said
property& for the insolvency of the debtor res"ltin
fro! s"ch nelience. (13''a)
Art. 27,2. (n every action by the creditor& which !"st
be aainst the principal debtor alone& e)cept in the
cases !entioned in Article 27+5& the for!er shall ask
the co"rt to notify the "arantor of the action. The
"arantor !ay appear so that he !ay& if he so desire&
set "p s"ch defenses as are ranted hi! by law. The
benefit of e)c"ssion !entioned in Article 27+3 shall
always be "ni!paired& even if ."d!ent sho"ld be
rendered aainst the principal debtor and the
"arantor in case of appearance by the latter. (13'*a)
Art. 27,'. A co!pro!ise between the creditor and the
principal debtor benefits the "arantor b"t does not
pre."dice hi!. That which is entered into between the
"arantor and the creditor benefits b"t does not
pre."dice the principal debtor. (13'+a)
Art. 27,*. The "arantor of a "arantor shall en.oy
the benefit of e)c"ssion& both with respect to the
"arantor and to the principal debtor. (13',)
Art. 27,+. @ho"ld there be several "arantors of only
one debtor and for the sa!e debt& the obliation to
answer for the sa!e is divided a!on all. The
creditor cannot clai! fro! the "arantors e)cept the
shares which they are respectively bo"nd to pay&
"nless solidarity has been e)pressly stip"lated.
The benefit of division aainst the co1"arantors
ceases in the sa!e cases and for the sa!e reasons
as the benefit of e)c"ssion aainst the principal
debtor. (13'/)

@:CT(#6 2. 1 :ffects of $"aranty
Between the Debtor and the $"arantor

Art. 27,,. The "arantor who pays for a debtor !"st
be inde!nified by the latter.
The inde!nity co!prises<
(1) The total a!o"nt of the debt8
(2) The leal interests thereon fro! the ti!e the
pay!ent was !ade known to the debtor& even tho"h
it did not earn interest for the creditor8
(') The e)penses inc"rred by the "arantor after
havin notified the debtor that pay!ent had been
de!anded of hi!8
(*) Da!aes& if they are d"e. (13'3a)
Art. 27,/. The "arantor who pays is s"broated by
virt"e thereof to all the rihts which the creditor had
aainst the debtor.
(f the "arantor has co!pro!ised with the creditor& he
cannot de!and of the debtor !ore than what he has
really paid. (13'5)
Art. 27,3. (f the "arantor sho"ld pay witho"t notifyin
the debtor& the latter !ay enforce aainst hi! all the
defenses which he co"ld have set "p aainst the
creditor at the ti!e the pay!ent was !ade. (13*7)
Art. 27,5. (f the debt was for a period and the
"arantor paid it before it beca!e d"e& he cannot
de!and rei!b"rse!ent of the debtor "ntil the
e)piration of the period "nless the pay!ent has been
ratified by the debtor. (13*1a)
Art. 27/7. (f the "arantor has paid witho"t notifyin
the debtor& and the latter not bein aware of the
pay!ent& repeats the pay!ent& the for!er has no
re!edy whatever aainst the debtor& b"t only aainst
the creditor. 6evertheless& in case of a rat"ito"s
"aranty& if the "arantor was prevented by a
fort"ito"s event fro! advisin the debtor of the
pay!ent& and the creditor beco!es insolvent& the
debtor shall rei!b"rse the "arantor for the a!o"nt
paid. (13*2a)
Art. 27/1. The "arantor& even before havin paid&
!ay proceed aainst the principal debtor<
(1) 2hen he is s"ed for the pay!ent8
(2) (n case of insolvency of the principal debtor8
(') 2hen the debtor has bo"nd hi!self to relieve hi!
fro! the "aranty within a specified period& and this
period has e)pired8
(*) 2hen the debt has beco!e de!andable& by
reason of the e)piration of the period for pay!ent8
(+) After the lapse of ten years& when the principal
obliation has no fi)ed period for its !at"rity& "nless it
be of s"ch nat"re that it cannot be e)tin"ished
e)cept within a period loner than ten years8
(,) (f there are reasonable ro"nds to fear that the
principal debtor intends to abscond8
(/) (f the principal debtor is in i!!inent daner of
beco!in insolvent.
(n all these cases& the action of the "arantor is to
obtain release fro! the "aranty& or to de!and a
sec"rity that shall protect hi! fro! any proceedins
by the creditor and fro! the daner of insolvency of
the debtor. (13'*a)
Art. 27/2. (f one& at the re0"est of another& beco!es
a "arantor for the debt of a third person who is not
present& the "arantor who satisfies the debt !ay s"e
either the person so re0"estin or the debtor for
rei!b"rse!ent. (n)

@:CT(#6 '. 1 :ffects of $"aranty as Between Co1
$"arantors

Art. 27/'. 2hen there are two or !ore "arantors of
the sa!e debtor and for the sa!e debt& the one
a!on the! who has paid !ay de!and of each of
the others the share which is proportionally owin
fro! hi!.
(f any of the "arantors sho"ld be insolvent& his share
shall be borne by the others& incl"din the payer& in
the sa!e proportion.
The provisions of this article shall not be applicable&
"nless the pay!ent has been !ade by virt"e of a
."dicial de!and or "nless the principal debtor is
insolvent. (13**a)
Art. 27/*. (n the case of the precedin article& the co1
"arantors !ay set "p aainst the one who paid& the
sa!e defenses which wo"ld have pertained to the
principal debtor aainst the creditor& and which are
not p"rely personal to the debtor. (13*+)
Art. 27/+. A s"b1"arantor& in case of the insolvency
of the "arantor for who! he bo"nd hi!self& is
responsible to the co1"arantors in the sa!e ter!s as
the "arantor. (13*,)

C9APT:- '
:GT(6$?(@9=:6T #A $?A-A6TF

Art. 27/,. The obliation of the "arantor is
e)tin"ished at the sa!e ti!e as that of the debtor&
and for the sa!e ca"ses as all other obliations.
(13*/)
Art. 27//. (f the creditor vol"ntarily accepts
i!!ovable or other property in pay!ent of the debt&
even if he sho"ld afterwards lose the sa!e thro"h
eviction& the "arantor is released. (13*5)
Art. 27/3. A release !ade by the creditor in favor of
one of the "arantors& witho"t the consent of the
others& benefits all to the e)tent of the share of the
"arantor to who! it has been ranted. (13+7)
Art. 27/5. An e)tension ranted to the debtor by the
creditor witho"t the consent of the "arantor
e)tin"ishes the "aranty. The !ere fail"re on the
part of the creditor to de!and pay!ent after the debt
has beco!e d"e does not of itself constit"te any
e)tention of ti!e referred to herein. (13+1a)
Art. 2737. The "arantors& even tho"h they be
solidary& are released fro! their obliation whenever
by so!e act of the creditor they cannot be s"broated
to the rihts& !ortaes& and preference of the latter.
(13+2)
Art. 2731. The "arantor !ay set "p aainst the
creditor all the defenses which pertain to the principal
debtor and are inherent in the debt8 b"t not those that
are personal to the debtor. (13+')

C9APT:- *
L:$AL A6D 4?D(C(AL B#6D@

Art. 2732. The bonds!an who is to be offered in
virt"e of a provision of law or of a ."dicial order shall
have the 0"alifications prescribed in Article 27+, and
in special laws. (13+*a)
Art. 273'. (f the person bo"nd to ive a bond in the
cases of the precedin article& sho"ld not be able to
do so& a plede or !ortae considered s"fficient to
cover his obliation shall be ad!itted in lie" thereof.
(13++)
Art. 273*. A ."dicial bonds!an cannot de!and the
e)ha"stion of the property of the principal debtor.
A s"b1s"rety in the sa!e case& cannot de!and the
e)ha"stion of the property of the debtor of the s"rety.

Title G>(. 1 PL:D$:& =#-T$A$: A6D
A6T(C9-:@(@

C9APT:- 1
P-#>(@(#6@ C#==#6 T# PL:D$: A6D
=#-T$A$:

Art. 273+. The followin re0"isites are essential to the
contracts of plede and !ortae<
(1) That they be constit"ted to sec"re the f"lfill!ent of
a principal obliation8
(2) That the pledor or !ortaor be the absol"te
owner of the thin pleded or !ortaed8
(') That the persons constit"tin the plede or
!ortae have the free disposal of their property& and
in the absence thereof& that they be leally a"thori%ed
for the p"rpose.
Third persons who are not parties to the principal
obliation !ay sec"re the latter by pledin or
!ortain their own property. (13+/)
Art. 273,. The provisions of Article 27+2 are
applicable to a plede or !ortae. (n)
Art. 273/. (t is also of the essence of these contracts
that when the principal obliation beco!es d"e& the
thins in which the plede or !ortae consists !ay
be alienated for the pay!ent to the creditor. (13+3)
Art. 2733. The creditor cannot appropriate the thins
iven by way of plede or !ortae& or dispose of
the!. Any stip"lation to the contrary is n"ll and void.
(13+5a)
Art. 2735. A plede or !ortae is indivisible& even
tho"h the debt !ay be divided a!on the
s"ccessors 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 e)tin"ish!ent
of the plede or !ortae as lon as the debt is not
co!pletely satisfied.
6either can the creditor;s heir who received his share
of the debt ret"rn the plede or cancel the !ortae&
to the pre."dice of the other heirs who have not been
paid.
Aro! these provisions is e)pected the case in which&
there bein several thins iven in !ortae or
plede& each one of the! "arantees only a
deter!inate portion of the credit.
The debtor& in this case& shall have a riht to the
e)tin"ish!ent of the plede or !ortae as the
portion of the debt for which each thin is specially
answerable is satisfied. (13,7)
Art. 2757. The indivisibility of a plede or !ortae is
not affected by the fact that the debtors are not
solidarily liable. (n)
Art. 2751. The contract of plede or !ortae !ay
sec"re all kinds of obliations& be they p"re or s"b.ect
to a s"spensive or resol"tory condition. (13,1)
Art. 2752. A pro!ise to constit"te a plede or
!ortae ives rise only to a personal action between
the contractin parties& witho"t pre."dice to the
cri!inal responsibility inc"rred by hi! who defra"ds
another& by offerin in plede or !ortae as
"nenc"!bered& thins which he knew were s"b.ect to
so!e b"rden& or by !isrepresentin hi!self to be the
owner of the sa!e. (13,2)

C9APT:- 2
PL:D$:

Art. 275'. (n addition to the re0"isites prescribed in
Article 273+& it is necessary& in order to constit"te the
contract of plede& that the thin pleded be placed in
the possession of the creditor& or of a third person by
co!!on aree!ent. (13,')
Art. 275*. All !ovables which are within co!!erce
!ay be pleded& provided they are s"sceptible of
possession. (13,*)
Art. 275+. (ncorporeal rihts& evidenced by neotiable
instr"!ents& bills of ladin& shares of stock& bonds&
wareho"se receipts and si!ilar doc"!ents !ay also
be pleded. The instr"!ent provin the riht pleded
shall be delivered to the creditor& and if neotiable&
!"st be indorsed. (n)
Art. 275,. A plede shall not take effect aainst third
persons if a description of the thin pleded and the
date of the plede do not appear in a p"blic
instr"!ent. (13,+a)
Art. 275/. 2ith the consent of the pledee& the thin
pleded !ay be alienated by the pledor or owner&
s"b.ect to the plede. The ownership of the thin
pleded is trans!itted to the vendee or transferee as
soon as the pledee consents to the alienation& b"t
the latter shall contin"e in possession. (n)
Art. 2753. The contract of plede ives a riht to the
creditor to retain the thin in his possession or in that
of a third person to who! it has been delivered& "ntil
the debt is paid. (13,,a)
Art. 2755. The creditor shall take care of the thin
pleded with the dilience of a ood father of a fa!ily8
he has a riht to the rei!b"rse!ent of the e)penses
!ade for its preservation& and is liable for its loss or
deterioration& in confor!ity with the provisions of this
Code. (13,/)
Art. 2177. The pledee cannot deposit the thin
pleded with a third person& "nless there is a
stip"lation a"thori%in hi! to do so.
The pledee is responsible for the acts of his aents
or e!ployees with respect to the thin pleded. (n)
Art. 2171. The pledor has the sa!e responsibility as
a bailor in co!!odat"! in the case "nder Article
15+1. (n)
Art. 2172. (f the plede earns or prod"ces fr"its&
inco!e& dividends& or interests& the creditor shall
co!pensate what he receives with those which are
owin hi!8 b"t if none are owin hi!& or insofar as the
a!o"nt !ay e)ceed that which is d"e& he shall apply
it to the principal. ?nless there is a stip"lation to the
contrary& the plede shall e)tend to the interest and
earnins of the riht pleded.
(n case of a plede of ani!als& their offsprin shall
pertain to the pledor or owner of ani!als pleded&
b"t shall be s"b.ect to the plede& if there is no
stip"lation to the contrary. (13,3a)
Art. 217'. ?nless the thin pleded is e)propriated&
the debtor contin"es to be the owner thereof.
6evertheless& the creditor !ay brin the actions
which pertain to the owner of the thin pleded in
order to recover it fro!& or defend it aainst a third
person. (13,5)
Art. 217*. The creditor cannot "se the thin pleded&
witho"t the a"thority of the owner& and if he sho"ld do
so& or sho"ld !is"se the thin in any other way& the
owner !ay ask that it be ."dicially or e)tra."dicially
deposited. 2hen the preservation of the thin
pleded re0"ires its "se& it !"st be "sed by the
creditor b"t only for that p"rpose. (13/7a)
Art. 217+. The debtor cannot ask for the ret"rn of the
thin pleded aainst the will of the creditor& "nless
and "ntil he has paid the debt and its interest& with
e)penses in a proper case. (13/1)
Art. 217,. (f thro"h the nelience or wilf"l act of the
pledee& the thin pleded is in daner of bein lost
or i!paired& the pledor !ay re0"ire that it be
deposited with a third person. (n)
Art. 217/. (f there are reasonable ro"nds to fear the
destr"ction or i!pair!ent of the thin pleded&
witho"t the fa"lt of the pledee& the pledor !ay
de!and the ret"rn of the thin& "pon offerin another
thin in plede& provided the latter is of the sa!e kind
as the for!er and not of inferior 0"ality& and witho"t
pre."dice to the riht of the pledee "nder the
provisions of the followin article.
The pledee is bo"nd to advise the pledor& witho"t
delay& of any daner to the thin pleded. (n)
Art. 2173. (f& witho"t the fa"lt of the pledee& there is
daner of destr"ction& i!pair!ent& or di!in"tion in
val"e of the thin pleded& he !ay ca"se the sa!e to
be sold at a p"blic sale. The proceeds of the a"ction
shall be a sec"rity for the principal obliation in the
sa!e !anner as the thin oriinally pleded. (n)
Art. 2175. (f the creditor is deceived on the s"bstance
or 0"ality of the thin pleded& he !ay either clai!
another thin in its stead& or de!and i!!ediate
pay!ent of the principal obliation. (n)
Art. 2117. (f the thin pleded is ret"rned by the
pledee to the pledor or owner& the plede is
e)tin"ished. Any stip"lation to the contrary shall be
void.
(f s"bse0"ent to the perfection of the plede& the thin
is in the possession of the pledor or owner& there is a
pri!a facie pres"!ption that the sa!e has been
ret"rned by the pledee. This sa!e pres"!ption
e)ists if the thin pleded is in the possession of a
third person who has received it fro! the pledor or
owner after the constit"tion of the plede. (n)
Art. 2111. A state!ent in writin by the pledee that
he reno"nces or abandons the plede is s"fficient to
e)tin"ish the plede. Aor this p"rpose& neither the
acceptance by the pledor or owner& nor the ret"rn of
the thin pleded is necessary& the pledee beco!in
a depositary. (n)
Art. 2112. The creditor to who! the credit has not
been satisfied in d"e ti!e& !ay proceed before a
6otary P"blic to the sale of the thin pleded. This
sale shall be !ade at a p"blic a"ction& and with
notification to the debtor and the owner of the thin
pleded in a proper case& statin the a!o"nt for
which the p"blic sale is to be held. (f at the first
a"ction the thin is not sold& a second one with the
sa!e for!alities shall be held8 and if at the second
a"ction there is no sale either& the creditor !ay
appropriate the thin pleded. (n this case he shall be
oblied to ive an ac0"ittance for his entire clai!.
(13/2a)
Art. 211'. At the p"blic a"ction& the pledor or owner
!ay bid. 9e shall& !oreover& have a better riht if he
sho"ld offer the sa!e ter!s as the hihest bidder.
The pledee !ay also bid& b"t his offer shall not be
valid if he is the only bidder. (n)
Art. 211*. All bids at the p"blic a"ction shall offer to
pay the p"rchase price at once. (f any other bid is
accepted& the pledee is dee!ed to have been
received the p"rchase price& as far as the pledor or
owner is concerned. (n)
Art. 211+. The sale of the thin pleded shall
e)tin"ish the principal obliation& whether or not the
proceeds of the sale are e0"al to the a!o"nt of the
principal obliation& interest and e)penses in a proper
case. (f the price of the sale is !ore than said
a!o"nt& the debtor shall not be entitled to the e)cess&
"nless it is otherwise areed. (f the price of the sale is
less& neither shall the creditor be entitled to recover
the deficiency& notwithstandin any stip"lation to the
contrary. (n)
Art. 211,. After the p"blic a"ction& the pledee shall
pro!ptly advise the pledor or owner of the res"lt
thereof. (n)
Art. 211/. Any third person who has any riht in or to
the thin pleded !ay satisfy the principal obliation
as soon as the latter beco!es d"e and de!andable.
(n)
Art. 2113. (f a credit which has been pleded
beco!es d"e before it is redee!ed& the pledee !ay
collect and receive the a!o"nt d"e. 9e shall apply
the sa!e to the pay!ent of his clai!& and deliver the
s"rpl"s& sho"ld there be any& to the pledor. (n)
Art. 2115. (f two or !ore thins are pleded& the
pledee !ay choose which he will ca"se to be sold&
"nless there is a stip"lation to the contrary. 9e !ay
de!and the sale of only as !any of the thins as are
necessary for the pay!ent of the debt. (n)
Art. 2127. (f a third party sec"res an obliation by
pledin his own !ovable property "nder the
provisions of Article 273+ he shall have the sa!e
rihts as a "arantor "nder Articles 27,, to 27/7& and
Articles 27// to 2731. 9e is not pre."diced by any
waiver of defense by the principal oblior. (n)
Art. 2121. Pledes created by operation of law& s"ch
as those referred to in Articles +*,& 1/'1& and 155*&
are overned by the foreoin articles on the
possession& care and sale of the thin as well as on
the ter!ination of the plede. 9owever& after pay!ent
of the debt and e)penses& the re!ainder of the price
of the sale shall be delivered to the oblior. (n)
Art. 2122. A thin "nder a plede by operation of law
!ay be sold only after de!and of the a!o"nt for
which the thin is retained. The p"blic a"ction shall
take place within one !onth after s"ch de!and. (f&
witho"t ."st ro"nds& the creditor does not ca"se the
p"blic sale to be held within s"ch period& the debtor
!ay re0"ire the ret"rn of the thin. (n)
Art. 212'. 2ith reard to pawnshops and other
establish!ents& which are enaed in !akin loans
sec"red by pledes& the special laws and re"lations
concernin the! shall be observed& and s"bsidiarily&
the provisions of this Title. (13/'a)

C9APT:- '
=#-T$A$:

Art. 212*. #nly the followin property !ay be the
ob.ect of a contract of !ortae<
(1) (!!ovables8
(2) Alienable real rihts in accordance with the laws&
i!posed "pon i!!ovables.
6evertheless& !ovables !ay be the ob.ect of a
chattel !ortae. (13/*a)
Art. 212+. (n addition to the re0"isites stated in Article
273+& it is indispensable& in order that a !ortae
!ay be validly constit"ted& that the doc"!ent in which
it appears be recorded in the -eistry of Property. (f
the instr"!ent is not recorded& the !ortae is
nevertheless bindin between the parties.
The persons in whose favor the law establishes a
!ortae have no other riht than to de!and the
e)ec"tion and the recordin of the doc"!ent in which
the !ortae is for!ali%ed. (13/+a)
Art. 212,. The !ortae directly and i!!ediately
s"b.ects the property "pon which it is i!posed&
whoever the possessor !ay be& to the f"lfill!ent of
the obliation for whose sec"rity it was constit"ted.
(13/,)
Art. 212/. The !ortae e)tends to the nat"ral
accessions& to the i!prove!ents& rowin fr"its& and
the rents or inco!e not yet received when the
obliation beco!es d"e& and to the a!o"nt of the
inde!nity ranted or owin to the proprietor fro! the
ins"rers of the property !ortaed& or in virt"e of
e)propriation for p"blic "se& with the declarations&
a!plifications and li!itations established by law&
whether the estate re!ains in the possession of the
!ortaor& or it passes into the hands of a third
person. (13//)
Art. 2123. The !ortae credit !ay be alienated or
assined to a third person& in whole or in part& with the
for!alities re0"ired by law. (13/3)
Art. 2125. The creditor !ay clai! fro! a third person
in possession of the !ortaed property& the pay!ent
of the part of the credit sec"red by the property which
said third person possesses& in the ter!s and with the
for!alities which the law establishes. (13/5)
Art. 21'7. A stip"lation forbiddin the owner fro!
alienatin the i!!ovable !ortaed shall be void. (n)
Art. 21'1. The for!& e)tent and conse0"ences of a
!ortae& both as to its constit"tion& !odification and
e)tin"ish!ent& and as to other !atters not incl"ded
in this Chapter& shall be overned by the provisions of
the =ortae Law and of the Land -eistration Law.
(1337a)

C9APT:- *
A6T(C9-:@(@

Art. 21'2. By the contract of antichresis the creditor
ac0"ires the riht to receive the fr"its of an
i!!ovable of his debtor& with the obliation to apply
the! to the pay!ent of the interest& if owin& and
thereafter to the principal of his credit. (1331)
Art. 21''. The act"al !arket val"e of the fr"its at the
ti!e of the application thereof to the interest and
principal shall be the !eas"re of s"ch application. (n)
Art. 21'*. The a!o"nt of the principal and of the
interest shall be specified in writin8 otherwise& the
contract of antichresis shall be void. (n)
Art. 21'+. The creditor& "nless there is a stip"lation to
the contrary& is oblied to pay the ta)es and chares
"pon the estate.
9e is also bo"nd to bear the e)penses necessary for
its preservation and repair.
The s"!s spent for the p"rposes stated in this article
shall be ded"cted fro! the fr"its. (1332)
Art. 21',. The debtor cannot reac0"ire the en.oy!ent
of the i!!ovable witho"t first havin totally paid what
he owes the creditor.
B"t the latter& in order to e)e!pt hi!self fro! the
obliations i!posed "pon hi! by the precedin
article& !ay always co!pel the debtor to enter aain
"pon the en.oy!ent of the property& e)cept when
there is a stip"lation to the contrary. (133')
Art. 21'/. The creditor does not ac0"ire the
ownership of the real estate for non1pay!ent of the
debt within the period areed "pon.
:very stip"lation to the contrary shall be void. B"t the
creditor !ay petition the co"rt for the pay!ent of the
debt or the sale of the real property. (n this case& the
-"les of Co"rt on the foreclos"re of !ortaes shall
apply. (133*a)
Art. 21'3. The contractin parties !ay stip"late that
the interest "pon the debt be co!pensated with the
fr"its of the property which is the ob.ect of the
antichresis& provided that if the val"e of the fr"its
sho"ld e)ceed the a!o"nt of interest allowed by the
laws aainst "s"ry& the e)cess shall be applied to the
principal. (133+a)
Art. 21'5. The last pararaph of Article 273+& and
Articles 2735 to 2751 are applicable to this contract.
(133,a)

C9APT:- +
C9ATT:L =#-T$A$:

Art. 21*7. By a chattel !ortae& personal property is
recorded in the Chattel =ortae -eister as a
sec"rity for the perfor!ance of an obliation. (f the
!ovable& instead of bein recorded& is delivered to
the creditor or a third person& the contract is a plede
and not a chattel !ortae. (n)
Art. 21*1. The provisions of this Code on plede&
insofar as they are not in conflict with the Chattel
=ortae Law shall be applicable to chattel
!ortaes. (n)

Title G>((. 1 :GT-A1C#6T-ACT?AL #BL($AT(#6@

C9APT:- 1
E?A@(1C#6T-ACT@

Art. 21*2. Certain lawf"l& vol"ntary and "nilateral acts
ive rise to the ."ridical relation of 0"asi1contract to
the end that no one shall be "n."stly enriched or
benefited at the e)pense of another. (n)
Art. 21*'. The provisions for 0"asi1contracts in this
Chapter do not e)cl"de other 0"asi1contracts which
!ay co!e within the p"rview of the precedin article.
(n)

@:CT(#6 1. 1 6eotior"! $estio

Art. 21**. 2hoever vol"ntarily takes chare of the
aency or !anae!ent of the b"siness or property of
another& witho"t any power fro! the latter& is oblied
to contin"e the sa!e "ntil the ter!ination of the affair
and its incidents& or to re0"ire the person concerned
to s"bstit"te hi!& if the owner is in a position to do so.
This ."ridical relation does not arise in either of these
instances<
(1) 2hen the property or b"siness is not nelected or
abandoned8
(2) (f in fact the !anaer has been tacitly a"thori%ed
by the owner.
(n the first case& the provisions of Articles 1'1/& 1*7'&
6o. 1& and 1*7* reardin "na"thori%ed contracts
shall overn.
(n the second case& the r"les on aency in Title G of
this Book shall be applicable. (1333a)
Art. 21*+. The officio"s !anaer shall perfor! his
d"ties with all the dilience of a ood father of a
fa!ily& and pay the da!aes which thro"h his fa"lt
or nelience !ay be s"ffered by the owner of the
property or b"siness "nder !anae!ent.
The co"rts !ay& however& increase or !oderate the
inde!nity accordin to the circ"!stances of each
case. (1335a)
Art. 21*,. (f the officio"s !anaer deleates to
another person all or so!e of his d"ties& he shall be
liable for the acts of the deleate& witho"t pre."dice to
the direct obliation of the latter toward the owner of
the b"siness.
The responsibility of two or !ore officio"s !anaers
shall be solidary& "nless the !anae!ent was
ass"!ed to save the thin or b"siness fro! i!!inent
daner. (1357a)
Art. 21*/. The officio"s !anaer shall be liable for
any fort"ito"s event<
(1) (f he "ndertakes risky operations which the owner
was not acc"sto!ed to e!bark "pon8
(2) (f he has preferred his own interest to that of the
owner8
(') (f he fails to ret"rn the property or b"siness after
de!and by the owner8
(*) (f he ass"!ed the !anae!ent in bad faith.
(1351a)
Art. 21*3. :)cept when the !anae!ent was
ass"!ed to save property or b"siness fro! i!!inent
daner& the officio"s !anaer shall be liable for
fort"ito"s events<
(1) (f he is !anifestly "nfit to carry on the
!anae!ent8
(2) (f by his intervention he prevented a !ore
co!petent person fro! takin "p the !anae!ent.
(n)
Art. 21*5. The ratification of the !anae!ent by the
owner of the b"siness prod"ces the effects of an
e)press aency& even if the b"siness !ay not have
been s"ccessf"l. (1352a)
Art. 21+7. Altho"h the officio"s !anae!ent !ay
not have been e)pressly ratified& the owner of the
property or b"siness who en.oys the advantaes of
the sa!e shall be liable for obliations inc"rred in his
interest& and shall rei!b"rse the officio"s !anaer for
the necessary and "sef"l e)penses and for the
da!aes which the latter !ay have s"ffered in the
perfor!ance of his d"ties.
The sa!e obliation shall be inc"!bent "pon hi!
when the !anae!ent had for its p"rpose the
prevention of an i!!inent and !anifest loss& altho"h
no benefit !ay have been derived. (135')
Art. 21+1. :ven tho"h the owner did not derive any
benefit and there has been no i!!inent and !anifest
daner to the property or b"siness& the owner is liable
as "nder the first pararaph of the precedin article&
provided<
(1) The officio"s !anaer has acted in ood faith& and
(2) The property or b"siness is intact& ready to be
ret"rned to the owner. (n)
Art. 21+2. The officio"s !anaer is personally liable
for contracts which he has entered into with third
persons& even tho"h he acted in the na!e of the
owner& and there shall be no riht of action between
the owner and third persons. These provisions shall
not apply<
(1) (f the owner has e)pressly or tacitly ratified the
!anae!ent& or
(2) 2hen the contract refers to thins pertainin to the
owner of the b"siness. (n)
Art. 21+'. The !anae!ent is e)tin"ished<
(1) 2hen the owner rep"diates it or p"ts an end
thereto8
(2) 2hen the officio"s !anaer withdraws fro! the
!anae!ent& s"b.ect to the provisions of Article
21**8
(') By the death& civil interdiction& insanity or
insolvency of the owner or the officio"s !anaer. (n)

@:CT(#6 2. 1 @ol"tio (ndebiti

Art. 21+*. (f so!ethin is received when there is no
riht to de!and it& and it was "nd"ly delivered
thro"h !istake& the obliation to ret"rn it arises.
(135+)
Art. 21++. Pay!ent by reason of a !istake in the
constr"ction or application of a do"btf"l or diffic"lt
0"estion of law !ay co!e within the scope of the
precedin article. (n)
Art. 21+,. (f the payer was in do"bt whether the debt
was d"e& he !ay recover if he proves that it was not
d"e. (n)
Art. 21+/. The responsibility of two or !ore payees&
when there has been pay!ent of what is not d"e& is
solidary. (n)
Art. 21+3. 2hen the property delivered or !oney paid
belons to a third person& the payee shall co!ply with
the provisions of article 153*. (n)
Art. 21+5. 2hoever in bad faith accepts an "nd"e
pay!ent& shall pay leal interest if a s"! of !oney is
involved& or shall be liable for fr"its received or which
sho"ld have been received if the thin prod"ces fr"its.
9e shall f"rther!ore be answerable for any loss or
i!pair!ent of the thin fro! any ca"se& and for
da!aes to the person who delivered the thin& "ntil it
is recovered. (135,a)
Art. 21,7. 9e who in ood faith accepts an "nd"e
pay!ent of a thin certain and deter!inate shall only
be responsible for the i!pair!ent or loss of the sa!e
or its accessories and accessions insofar as he has
thereby been benefited. (f he has alienated it& he shall
ret"rn the price or assin the action to collect the
s"!. (135/)
Art. 21,1. As reards the rei!b"rse!ent for
i!prove!ents and e)penses inc"rred by hi! who
"nd"ly received the thin& the provisions of Title > of
Book (( shall overn. (1353)
Art. 21,2. 9e shall be e)e!pt fro! the obliation to
restore who& believin in ood faith that the pay!ent
was bein !ade of a leiti!ate and s"bsistin clai!&
destroyed the doc"!ent& or allowed the action to
prescribe& or ave "p the pledes& or cancelled the
"aranties for his riht. 9e who paid "nd"ly !ay
proceed only aainst the tr"e debtor or the "arantors
with reard to who! the action is still effective. (1355)
Art. 21,'. (t is pres"!ed that there was a !istake in
the pay!ent if so!ethin which had never been d"e
or had already been paid was delivered8 b"t he fro!
who! the ret"rn is clai!ed !ay prove that the
delivery was !ade o"t of liberality or for any other ."st
ca"se. (1571)

@:CT(#6 '. 1 #ther E"asi1Contracts

Art. 21,*. 2hen& witho"t the knowlede of the person
oblied to ive s"pport& it is iven by a straner& the
latter shall have a riht to clai! the sa!e fro! the
for!er& "nless it appears that he ave it o"t of piety
and witho"t intention of bein repaid. (135*a)
Art. 21,+. 2hen f"neral e)penses are borne by a
third person& witho"t the knowlede of those relatives
who were oblied to ive s"pport to the deceased&
said relatives shall rei!b"rse the third person& sho"ld
the latter clai! rei!b"rse!ent. (135*a)
Art. 21,,. 2hen the person oblied to s"pport an
orphan& or an insane or other indient person "n."stly
ref"ses to ive s"pport to the latter& any third person
!ay f"rnish s"pport to the needy individ"al& with riht
of rei!b"rse!ent fro! the person oblied to ive
s"pport. The provisions of this article apply when the
father or !other of a child "nder eihteen years of
ae "n."stly ref"ses to s"pport hi!.
Art. 21,/. 2hen thro"h an accident or other ca"se a
person is in."red or beco!es serio"sly ill& and he is
treated or helped while he is not in a condition to ive
consent to a contract& he shall be liable to pay for the
services of the physician or other person aidin hi!&
"nless the service has been rendered o"t of p"re
enerosity.
Art. 21,3. 2hen d"rin a fire& flood& stor!& or other
cala!ity& property is saved fro! destr"ction by
another person witho"t the knowlede of the owner&
the latter is bo"nd to pay the for!er ."st
co!pensation.
Art. 21,5. 2hen the overn!ent& "pon the fail"re of
any person to co!ply with health or safety re"lations
concernin property& "ndertakes to do the necessary
work& even over his ob.ection& he shall be liable to pay
the e)penses.
Art. 21/7. 2hen by accident or other fort"ito"s event&
!ovables separately pertainin to two or !ore
persons are co!!inled or conf"sed& the r"les on co1
ownership shall be applicable.
Art. 21/1. The rihts and obliations of the finder of
lost personal property shall be overned by Articles
/15 and /27.
Art. 21/2. The riht of every possessor in ood faith
to rei!b"rse!ent for necessary and "sef"l e)penses
is overned by Article +*,.
Art. 21/'. 2hen a third person& witho"t the
knowlede of the debtor& pays the debt& the rihts of
the for!er are overned by Articles 12', and 12'/.
Art. 21/*. 2hen in a s!all co!!"nity a nationality of
the inhabitants of ae decide "pon a !eas"re for
protection aainst lawlessness& fire& flood& stor! or
other cala!ity& any one who ob.ects to the plan and
ref"ses to contrib"te to the e)penses b"t is benefited
by the pro.ect as e)ec"ted shall be liable to pay his
share of said e)penses.
Art. 21/+. Any person who is constrained to pay the
ta)es of another shall be entitled to rei!b"rse!ent
fro! the latter.

C9APT:- 2
E?A@(1D:L(CT@

Art. 21/,. 2hoever by act or o!ission ca"ses
da!ae to another& there bein fa"lt or nelience& is
oblied to pay for the da!ae done. @"ch fa"lt or
nelience& if there is no pre1e)istin contract"al
relation between the parties& is called a 0"asi1delict
and is overned by the provisions of this Chapter.
(1572a)
Art. 21//. -esponsibility for fa"lt or nelience "nder
the precedin article is entirely separate and distinct
fro! the civil liability arisin fro! nelience "nder
the Penal Code. B"t the plaintiff cannot recover
da!aes twice for the sa!e act or o!ission of the
defendant. (n)
Art. 21/3. The provisions of Articles 11/2 to 11/* are
also applicable to a 0"asi1delict. (n)
Art. 21/5. 2hen the plaintiff;s own nelience was the
i!!ediate and pro)i!ate ca"se of his in."ry& he
cannot recover da!aes. B"t if his nelience was
only contrib"tory& the i!!ediate and pro)i!ate ca"se
of the in."ry bein the defendant;s lack of d"e care&
the plaintiff !ay recover da!aes& b"t the co"rts shall
!itiate the da!aes to be awarded. (n)
Art. 2137. The obliation i!posed by Article 21/, is
de!andable not only for one;s own acts or o!issions&
b"t also for those of persons for who! one is
responsible.
The father and& in case of his death or incapacity& the
!other& are responsible for the da!aes ca"sed by
the !inor children who live in their co!pany.
$"ardians are liable for da!aes ca"sed by the
!inors or incapacitated persons who are "nder their
a"thority and live in their co!pany.
The owners and !anaers of an establish!ent or
enterprise are likewise responsible for da!aes
ca"sed by their e!ployees in the service of the
branches in which the latter are e!ployed or on the
occasion of their f"nctions.
:!ployers shall be liable for the da!aes ca"sed by
their e!ployees and ho"sehold helpers actin within
the scope of their assined tasks& even tho"h the
for!er are not enaed in any b"siness or ind"stry.
The @tate is responsible in like !anner when it acts
thro"h a special aent8 b"t not when the da!ae
has been ca"sed by the official to who! the task
done properly pertains& in which case what is
provided in Article 21/, shall be applicable.
Lastly& teachers or heads of establish!ents of arts
and trades shall be liable for da!aes ca"sed by their
p"pils and st"dents or apprentices& so lon as they
re!ain in their c"stody.
The responsibility treated of in this article shall cease
when the persons herein !entioned prove that they
observed all the dilience of a ood father of a fa!ily
to prevent da!ae. (157'a)
Art. 2131. 2hoever pays for the da!ae ca"sed by
his dependents or e!ployees !ay recover fro! the
latter what he has paid or delivered in satisfaction of
the clai!. (157*)
Art. 2132. (f the !inor or insane person ca"sin
da!ae has no parents or "ardian& the !inor or
insane person shall be answerable with his own
property in an action aainst hi! where a "ardian ad
lite! shall be appointed. (n)
Art. 213'. The possessor of an ani!al or whoever
!ay !ake "se of the sa!e is responsible for the
da!ae which it !ay ca"se& altho"h it !ay escape
or be lost. This responsibility shall cease only in case
the da!ae sho"ld co!e fro! force !a.e"re or fro!
the fa"lt of the person who has s"ffered da!ae.
(157+)
Art. 213*. (n !otor vehicle !ishaps& the owner is
solidarily liable with his driver& if the for!er& who was
in the vehicle& co"ld have& by the "se of the d"e
dilience& prevented the !isfort"ne. (t is disp"tably
pres"!ed that a driver was nelient& if he had been
fo"nd "ilty or reckless drivin or violatin traffic
re"lations at least twice within the ne)t precedin
two !onths.
(f the owner was not in the !otor vehicle& the
provisions of Article 2137 are applicable. (n)
Art. 213+. ?nless there is proof to the contrary& it is
pres"!ed that a person drivin a !otor vehicle has
been nelient if at the ti!e of the !ishap& he was
violatin any traffic re"lation. (n)
Art. 213,. :very owner of a !otor vehicle shall file
with the proper overn!ent office a bond e)ec"ted by
a overn!ent1controlled corporation or office& to
answer for da!aes to third persons. The a!o"nt of
the bond and other ter!s shall be fi)ed by the
co!petent p"blic official. (n)
Art. 213/. =an"fact"rers and processors of
foodst"ffs& drinks& toilet articles and si!ilar oods
shall be liable for death or in."ries ca"sed by any
no)io"s or har!f"l s"bstances "sed& altho"h no
contract"al relation e)ists between the! and the
cons"!ers. (n)
Art. 2133. There is pri!a facie pres"!ption of
nelience on the part of the defendant if the death or
in."ry res"lts fro! his possession of danero"s
weapons or s"bstances& s"ch as firear!s and poison&
e)cept when the possession or "se thereof is
indispensable in his occ"pation or b"siness. (n)
Art. 2135. Provinces& cities and !"nicipalities shall be
liable for da!aes for the death of& or in."ries s"ffered
by& any person by reason of the defective condition of
roads& streets& brides& p"blic b"ildins& and other
p"blic works "nder their control or s"pervision. (n)
Art. 2157. The proprietor of a b"ildin or str"ct"re is
responsible for the da!aes res"ltin fro! its total or
partial collapse& if it sho"ld be d"e to the lack of
necessary repairs. (157/)
Art. 2151. Proprietors shall also be responsible for
da!aes ca"sed<
(1) By the e)plosion of !achinery which has not been
taken care of with d"e dilience& and the infla!!ation
of e)plosive s"bstances which have not been kept in
a safe and ade0"ate place8
(2) By e)cessive s!oke& which !ay be har!f"l to
persons or property8
(') By the fallin of trees sit"ated at or near hihways
or lanes& if not ca"sed by force !a.e"re8
(*) By e!anations fro! t"bes& canals& sewers or
deposits of infectio"s !atter& constr"cted witho"t
preca"tions s"itable to the place. (1573)
Art. 2152. (f da!ae referred to in the two precedin
articles sho"ld be the res"lt of any defect in the
constr"ction !entioned in Article 1/2'& the third
person s"fferin da!aes !ay proceed only aainst
the enineer or architect or contractor in accordance
with said article& within the period therein fi)ed. (1575)
Art. 215'. The head of a fa!ily that lives in a b"ildin
or a part thereof& is responsible for da!aes ca"sed
by thins thrown or fallin fro! the sa!e. (1517)
Art. 215*. The responsibility of two or !ore persons
who are liable for 0"asi1delict is solidary. (n)

Title G>(((. 1 DA=A$:@

C9APT:- 1
$:6:-AL P-#>(@(#6@

Art. 215+. The provisions of this Title shall be
respectively applicable to all obliations !entioned in
Article 11+/.
Art. 215,. The r"les "nder this Title are witho"t
pre."dice to special provisions on da!aes
for!"lated elsewhere in this Code. Co!pensation for
work!en and other e!ployees in case of death& in."ry
or illness is re"lated by special laws. -"les
overnin da!aes laid down in other laws shall be
observed insofar as they are not in conflict with this
Code.
Art. 215/. Da!aes !ay be<
(1) Act"al or co!pensatory8
(2) =oral8
(') 6o!inal8
(*) Te!perate or !oderate8
(+) Li0"idated8 or
(,) :)e!plary or corrective.
Art. 2153. The principles of the eneral law on
da!aes are hereby adopted insofar as they are not
inconsistent with this Code.

C9APT:- 2
ACT?AL #- C#=P:6@AT#-F DA=A$:@

Art. 2155. :)cept as provided by law or by stip"lation&
one is entitled to an ade0"ate co!pensation only for
s"ch pec"niary loss s"ffered by hi! as he has d"ly
proved. @"ch co!pensation is referred to as act"al or
co!pensatory da!aes.
Art. 2277. (nde!nification for da!aes shall
co!prehend not only the val"e of the loss s"ffered&
b"t also that of the profits which the obliee failed to
obtain. (117,)
Art. 2271. (n contracts and 0"asi1contracts& the
da!aes for which the oblior who acted in ood faith
is liable shall be those that are the nat"ral and
probable conse0"ences of the breach of the
obliation& and which the parties have foreseen or
co"ld have reasonably foreseen at the ti!e the
obliation was constit"ted.
(n case of fra"d& bad faith& !alice or wanton attit"de&
the oblior shall be responsible for all da!aes which
!ay be reasonably attrib"ted to the non1perfor!ance
of the obliation. (117/a)
Art. 2272. (n cri!es and 0"asi1delicts& the defendant
shall be liable for all da!aes which are the nat"ral
and probable conse0"ences of the act or o!ission
co!plained of. (t is not necessary that s"ch da!aes
have been foreseen or co"ld have reasonably been
foreseen by the defendant.
Art. 227'. The party s"fferin loss or in."ry !"st
e)ercise the dilience of a ood father of a fa!ily to
!ini!i%e the da!aes res"ltin fro! the act or
o!ission in 0"estion.
Art. 227*. (n cri!es& the da!aes to be ad."dicated
!ay be respectively increased or lessened accordin
to the aravatin or !itiatin circ"!stances.
Art. 227+. Da!aes !ay be recovered<
(1) Aor loss or i!pair!ent of earnin capacity in
cases of te!porary or per!anent personal in."ry8
(2) Aor in."ry to the plaintiff;s b"siness standin or
co!!ercial credit.
Art. 227,. The a!o"nt of da!aes for death ca"sed
by a cri!e or 0"asi1delict shall be at least three
tho"sand pesos& even tho"h there !ay have been
!itiatin circ"!stances. (n addition<
(1) The defendant shall be liable for the loss of the
earnin capacity of the deceased& and the inde!nity
shall be paid to the heirs of the latter8 s"ch inde!nity
shall in every case be assessed and awarded by the
co"rt& "nless the deceased on acco"nt of per!anent
physical disability not ca"sed by the defendant& had
no earnin capacity at the ti!e of his death8
(2) (f the deceased was oblied to ive s"pport
accordin to the provisions of Article 251& the
recipient who is not an heir called to the decedent;s
inheritance by the law of testate or intestate
s"ccession& !ay de!and s"pport fro! the person
ca"sin the death& for a period not e)ceedin five
years& the e)act d"ration to be fi)ed by the co"rt8
(') The spo"se& leiti!ate and illeiti!ate
descendants and ascendants of the deceased !ay
de!and !oral da!aes for !ental an"ish by reason
of the death of the deceased.
Art. 227/. (f the plaintiff;s property has been ins"red&
and he has received inde!nity fro! the ins"rance
co!pany for the in."ry or loss arisin o"t of the wron
or breach of contract co!plained of& the ins"rance
co!pany shall be s"broated to the rihts of the
ins"red aainst the wrondoer or the person who has
violated the contract. (f the a!o"nt paid by the
ins"rance co!pany does not f"lly cover the in."ry or
loss& the arieved party shall be entitled to recover
the deficiency fro! the person ca"sin the loss or
in."ry.
Art. 2273. (n the absence of stip"lation& attorney;s
fees and e)penses of litiation& other than ."dicial
costs& cannot be recovered& e)cept<
(1) 2hen e)e!plary da!aes are awarded8
(2) 2hen the defendant;s act or o!ission has
co!pelled the plaintiff to litiate with third persons or
to inc"r e)penses to protect his interest8
(') (n cri!inal cases of !alicio"s prosec"tion aainst
the plaintiff8
(*) (n case of a clearly "nfo"nded civil action or
proceedin aainst the plaintiff8
(+) 2here the defendant acted in ross and evident
bad faith in ref"sin to satisfy the plaintiff;s plainly
valid& ."st and de!andable clai!8
(,) (n actions for leal s"pport8
(/) (n actions for the recovery of waes of ho"sehold
helpers& laborers and skilled workers8
(3) (n actions for inde!nity "nder work!en;s
co!pensation and e!ployer;s liability laws8
(5) (n a separate civil action to recover civil liability
arisin fro! a cri!e8
(17) 2hen at least do"ble ."dicial costs are awarded8
(11) (n any other case where the co"rt dee!s it ."st
and e0"itable that attorney;s fees and e)penses of
litiation sho"ld be recovered.
(n all cases& the attorney;s fees and e)penses of
litiation !"st be reasonable.
Art. 2275. (f the obliation consists in the pay!ent of
a s"! of !oney& and the debtor inc"rs in delay& the
inde!nity for da!aes& there bein no stip"lation to
the contrary& shall be the pay!ent of the interest
areed "pon& and in the absence of stip"lation& the
leal interest& which is si) per cent per ann"!. (1173)
Art. 2217. (nterest !ay& in the discretion of the co"rt&
be allowed "pon da!aes awarded for breach of
contract.
Art. 2211. (n cri!es and 0"asi1delicts& interest as a
part of the da!aes !ay& in a proper case& be
ad."dicated in the discretion of the co"rt.
Art. 2212. (nterest d"e shall earn leal interest fro!
the ti!e it is ."dicially de!anded& altho"h the
obliation !ay be silent "pon this point. (1175a)
Art. 221'. (nterest cannot be recovered "pon
"nli0"idated clai!s or da!aes& e)cept when the
de!and can be established with reasonably certainty.
Art. 221*. (n 0"asi1delicts& the contrib"tory nelience
of the plaintiff shall red"ce the da!aes that he !ay
recover.
Art. 221+. (n contracts& 0"asi1contracts& and 0"asi1
delicts& the co"rt !ay e0"itably !itiate the da!aes
"nder circ"!stances other than the case referred to
in the precedin article& as in the followin instances<
(1) That the plaintiff hi!self has contravened the
ter!s of the contract8
(2) That the plaintiff has derived so!e benefit as a
res"lt of the contract8
(') (n cases where e)e!plary da!aes are to be
awarded& that the defendant acted "pon the advice of
co"nsel8
(*) That the loss wo"ld have res"lted in any event8
(+) That since the filin of the action& the defendant
has done his best to lessen the plaintiff;s loss or
in."ry.
C9APT:- '
#T9:- H(6D@ #A DA=A$:@

Art. 221,. 6o proof of pec"niary loss is necessary in
order that !oral& no!inal& te!perate& li0"idated or
e)e!plary da!aes& !ay be ad."dicated. The
assess!ent of s"ch da!aes& e)cept li0"idated
ones& is left to the discretion of the co"rt& accordin to
the circ"!stances of each case.

@:CT(#6 1. 1 =oral Da!aes

Art. 221/. =oral da!aes incl"de physical s"fferin&
!ental an"ish& friht& serio"s an)iety& bes!irched
rep"tation& wo"nded feelins& !oral shock& social
h"!iliation& and si!ilar in."ry. Tho"h incapable of
pec"niary co!p"tation& !oral da!aes !ay be
recovered if they are the pro)i!ate res"lt of the
defendant;s wronf"l act for o!ission.
Art. 2213. (n the ad."dication of !oral da!aes& the
senti!ental val"e of property& real or personal& !ay
be considered.
Art. 2215. =oral da!aes !ay be recovered in the
followin and analoo"s cases<
(1) A cri!inal offense res"ltin in physical in."ries8
(2) E"asi1delicts ca"sin physical in."ries8
(') @ed"ction& abd"ction& rape& or other lascivio"s
acts8
(*) Ad"ltery or conc"binae8
(+) (lleal or arbitrary detention or arrest8
(,) (lleal search8
(/) Libel& slander or any other for! of defa!ation8
(3) =alicio"s prosec"tion8
(5) Acts !entioned in Article '758
(17) Acts and actions referred to in Articles 21& 2,& 2/&
23& 25& '7& '2& '*& and '+.
The parents of the fe!ale sed"ced& abd"cted& raped&
or ab"sed& referred to in 6o. ' of this article& !ay also
recover !oral da!aes.
The spo"se& descendants& ascendants& and brothers
and sisters !ay brin the action !entioned in 6o. 5 of
this article& in the order na!ed.
Art. 2227. 2illf"l in."ry to property !ay be a leal
ro"nd for awardin !oral da!aes if the co"rt
sho"ld find that& "nder the circ"!stances& s"ch
da!aes are ."stly d"e. The sa!e r"le applies to
breaches of contract where the defendant acted
fra"d"lently or in bad faith.

@:CT(#6 2. 1 6o!inal Da!aes

Art. 2221. 6o!inal da!aes are ad."dicated in order
that a riht of the plaintiff& which has been violated or
invaded by the defendant& !ay be vindicated or
reconi%ed& and not for the p"rpose of inde!nifyin
the plaintiff for any loss s"ffered by hi!.
Art. 2222. The co"rt !ay award no!inal da!aes in
every obliation arisin fro! any so"rce en"!erated
in Article 11+/& or in every case where any property
riht has been invaded.
Art. 222'. The ad."dication of no!inal da!aes shall
precl"de f"rther contest "pon the riht involved and
all accessory 0"estions& as between the parties to the
s"it& or their respective heirs and assins.

@:CT(#6 '. 1 Te!perate or =oderate Da!aes

Art. 222*. Te!perate or !oderate da!aes& which
are !ore than no!inal b"t less than co!pensatory
da!aes& !ay be recovered when the co"rt finds that
so!e pec"niary loss has been s"ffered b"t its a!o"nt
can not& fro! the nat"re of the case& be provided with
certainty.
Art. 222+. Te!perate da!aes !"st be reasonable
"nder the circ"!stances.

@:CT(#6 *. 1 Li0"idated Da!aes

Art. 222,. Li0"idated da!aes are those areed "pon
by the parties to a contract& to be paid in case of
breach thereof.
Art. 222/. Li0"idated da!aes& whether intended as
an inde!nity or a penalty& shall be e0"itably red"ced
if they are ini0"ito"s or "nconscionable.
Art. 2223. 2hen the breach of the contract co!!itted
by the defendant is not the one conte!plated by the
parties in areein "pon the li0"idated da!aes& the
law shall deter!ine the !eas"re of da!aes& and not
the stip"lation.

@:CT(#6 +. 1 :)e!plary or Corrective Da!aes

Art. 2225. :)e!plary or corrective da!aes are
i!posed& by way of e)a!ple or correction for the
p"blic ood& in addition to the !oral& te!perate&
li0"idated or co!pensatory da!aes.
Art. 22'7. (n cri!inal offenses& e)e!plary da!aes
as a part of the civil liability !ay be i!posed when the
cri!e was co!!itted with one or !ore aravatin
circ"!stances. @"ch da!aes are separate and
distinct fro! fines and shall be paid to the offended
party.
Art. 22'1. (n 0"asi1delicts& e)e!plary da!aes !ay
be ranted if the defendant acted with ross
nelience.
Art. 22'2. (n contracts and 0"asi1contracts& the co"rt
!ay award e)e!plary da!aes if the defendant
acted in a wanton& fra"d"lent& reckless& oppressive& or
!alevolent !anner.
Art. 22''. :)e!plary da!aes cannot be recovered
as a !atter of riht8 the co"rt will decide whether or
not they sho"ld be ad."dicated.
Art. 22'*. 2hile the a!o"nt of the e)e!plary
da!aes need not be proved& the plaintiff !"st show
that he is entitled to !oral& te!perate or
co!pensatory da!aes before the co"rt !ay
consider the 0"estion of whether or not e)e!plary
da!aes sho"ld be awarded. (n case li0"idated
da!aes have been areed "pon& altho"h no proof
of loss is necessary in order that s"ch li0"idated
da!aes !ay be recovered& nevertheless& before the
co"rt !ay consider the 0"estion of rantin
e)e!plary in addition to the li0"idated da!aes& the
plaintiff !"st show that he wo"ld be entitled to !oral&
te!perate or co!pensatory da!aes were it not for
the stip"lation for li0"idated da!aes.
Art. 22'+. A stip"lation whereby e)e!plary da!aes
are reno"nced in advance shall be n"ll and void.

Title G(G. 1 C#6C?--:6C: A6D P-:A:-:6C:
#A C-:D(T@

C9APT:- 1
$:6:-AL P-#>(@(#6@

Art. 22',. The debtor is liable with all his property&
present and f"t"re& for the f"lfill!ent of his
obliations& s"b.ect to the e)e!ptions provided by
law. (1511a)
Art. 22'/. (nsolvency shall be overned by special
laws insofar as they are not inconsistent with this
Code. (n)
Art. 22'3. @o lon as the con."al partnership or
absol"te co!!"nity s"bsists& its property shall not be
a!on the assets to be taken possession of by the
assinee for the pay!ent of the insolvent debtor;s
obliations& e)cept insofar as the latter have
redo"nded to the benefit of the fa!ily. (f it is the
h"sband who is insolvent& the ad!inistration of the
con."al partnership of absol"te co!!"nity !ay& by
order of the co"rt& be transferred to the wife or to a
third person other than the assinee. (n)
Art. 22'5. (f there is property& other than that
!entioned in the precedin article& owned by two or
!ore persons& one of who! is the insolvent debtor&
his "ndivided share or interest therein shall be a!on
the assets to be taken possession of by the assinee
for the pay!ent of the insolvent debtor;s obliations.
(n)
Art. 22*7. Property held by the insolvent debtor as a
tr"stee of an e)press or i!plied tr"st& shall be
e)cl"ded fro! the insolvency proceedins. (n)

C9APT:- 2
CLA@@(A(CAT(#6 #A C-:D(T@

Art. 22*1. 2ith reference to specific !ovable property
of the debtor& the followin clai!s or liens shall be
preferred<
(1) D"ties& ta)es and fees d"e thereon to the @tate or
any s"bdivision thereof8
(2) Clai!s arisin fro! !isappropriation& breach of
tr"st& or !alfeasance by p"blic officials co!!itted in
the perfor!ance of their d"ties& on the !ovables&
!oney or sec"rities obtained by the!8
(') Clai!s for the "npaid price of !ovables sold& on
said !ovables& so lon as they are in the possession
of the debtor& "p to the val"e of the sa!e8 and if the
!ovable has been resold by the debtor and the price
is still "npaid& the lien !ay be enforced on the price8
this riht is not lost by the i!!obili%ation of the thin
by destination& provided it has not lost its for!&
s"bstance and identity8 neither is the riht lost by the
sale of the thin toether with other property for a
l"!p s"!& when the price thereof can be deter!ined
proportionally8
(*) Credits "aranteed with a plede so lon as the
thins pleded are in the hands of the creditor& or
those "aranteed by a chattel !ortae& "pon the
thins pleded or !ortaed& "p to the val"e thereof8
(+) Credits for the !akin& repair& safekeepin or
preservation of personal property& on the !ovable
th"s !ade& repaired& kept or possessed8
(,) Clai!s for laborers; waes& on the oods
!an"fact"red or the work done8
(/) Aor e)penses of salvae& "pon the oods
salvaed8
(3) Credits between the landlord and the tenant&
arisin fro! the contract of tenancy on shares& on the
share of each in the fr"its or harvest8
(5) Credits for transportation& "pon the oods carried&
for the price of the contract and incidental e)penses&
"ntil their delivery and for thirty days thereafter8
(17) Credits for lodin and s"pplies "s"ally f"rnished
to travellers by hotel keepers& on the !ovables
belonin to the "est as lon as s"ch !ovables are
in the hotel& b"t not for !oney loaned to the "ests8
(11) Credits for seeds and e)penses for c"ltivation
and harvest advanced to the debtor& "pon the fr"its
harvested8
(12) Credits for rent for one year& "pon the personal
property of the lessee e)istin on the i!!ovable
leased and on the fr"its of the sa!e& b"t not on
!oney or instr"!ents of credit8
(1') Clai!s in favor of the depositor if the depositary
has wronf"lly sold the thin deposited& "pon the
price of the sale.
(n the foreoin cases& if the !ovables to which the
lien or preference attaches have been wronf"lly
taken& the creditor !ay de!and the! fro! any
possessor& within thirty days fro! the "nlawf"l
sei%"re. (1522a)
Art. 22*2. 2ith reference to specific i!!ovable
property and real rihts of the debtor& the followin
clai!s& !ortaes and liens shall be preferred& and
shall constit"te an enc"!brance on the i!!ovable or
real riht<
(1) Ta)es d"e "pon the land or b"ildin8
(2) Aor the "npaid price of real property sold& "pon the
i!!ovable sold8
(') Clai!s of laborers& !asons& !echanics and other
work!en& as well as of architects& enineers and
contractors& enaed in the constr"ction&
reconstr"ction or repair of b"ildins& canals or other
works& "pon said b"ildins& canals or other works8
(*) Clai!s of f"rnishers of !aterials "sed in the
constr"ction& reconstr"ction& or repair of b"ildins&
canals or other works& "pon said b"ildins& canals or
other works8
(+) =ortae credits recorded in the -eistry of
Property& "pon the real estate !ortaed8
(,) :)penses for the preservation or i!prove!ent of
real property when the law a"thori%es rei!b"rse!ent&
"pon the i!!ovable preserved or i!proved8
(/) Credits annotated in the -eistry of Property& in
virt"e of a ."dicial order& by attach!ents or
e)ec"tions& "pon the property affected& and only as to
later credits8
(3) Clai!s of co1heirs for warranty in the partition of
an i!!ovable a!on the!& "pon the real property
th"s divided8
(5) Clai!s of donors or real property for pec"niary
chares or other conditions i!posed "pon the donee&
"pon the i!!ovable donated8
(17) Credits of ins"rers& "pon the property ins"red& for
the ins"rance pre!i"! for two years. (152'a)
Art. 22*'. The clai!s or credits en"!erated in the
two precedin articles shall be considered as
!ortaes or pledes of real or personal property& or
liens within the p"rview of leal provisions overnin
insolvency. Ta)es !entioned in 6o. 1& Article 22*1&
and 6o. 1& Article 22*2& shall first be satisfied. (n)
Art. 22**. 2ith reference to other property& real and
personal& of the debtor& the followin clai!s or credits
shall be preferred in the order na!ed<
(1) Proper f"neral e)penses for the debtor& or children
"nder his or her parental a"thority who have no
property of their own& when approved by the co"rt8
(2) Credits for services rendered the insolvent by
e!ployees& laborers& or ho"sehold helpers for one
year precedin the co!!ence!ent of the
proceedins in insolvency8
(') :)penses d"rin the last illness of the debtor or of
his or her spo"se and children "nder his or her
parental a"thority& if they have no property of their
own8
(*) Co!pensation d"e the laborers or their
dependents "nder laws providin for inde!nity for
da!aes in cases of labor accident& or illness
res"ltin fro! the nat"re of the e!ploy!ent8
(+) Credits and advance!ents !ade to the debtor for
s"pport of hi!self or herself& and fa!ily& d"rin the
last year precedin the insolvency8
(,) @"pport d"rin the insolvency proceedins& and
for three !onths thereafter8
(/) Aines and civil inde!nification arisin fro! a
cri!inal offense8
(3) Leal e)penses& and e)penses inc"rred in the
ad!inistration of the insolvent;s estate for the
co!!on interest of the creditors& when properly
a"thori%ed and approved by the co"rt8
(5) Ta)es and assess!ents d"e the national
overn!ent& other than those !entioned in Articles
22*1& 6o. 1& and 22*2& 6o. 18
(17) Ta)es and assess!ents d"e any province& other
than those referred to in Articles 22*1& 6o. 1& and
22*2& 6o. 18
(11) Ta)es and assess!ents d"e any city or
!"nicipality& other than those indicated in Articles
22*1& 6o. 1& and 22*2& 6o. 18
(12) Da!aes for death or personal in."ries ca"sed
by a 0"asi1delict8
(1') $ifts d"e to p"blic and private instit"tions of
charity or beneficence8
(1*) Credits which& witho"t special privilee& appear in
(a) a p"blic instr"!ent8 or (b) in a final ."d!ent& if
they have been the s"b.ect of litiation. These credits
shall have preference a!on the!selves in the order
of priority of the dates of the instr"!ents and of the
."d!ents& respectively. (152*a)
Art. 22*+. Credits of any other kind or class& or by any
other riht or title not co!prised in the fo"r precedin
articles& shall en.oy no preference. (152+)

C9APT:- '
#-D:- #A P-:A:-:6C: #A C-:D(T@

Art. 22*,. Those credits which en.oy preference with
respect to specific !ovables& e)cl"de all others to the
e)tent of the val"e of the personal property to which
the preference refers.
Art. 22*/. (f there are two or !ore credits with respect
to the sa!e specific !ovable property& they shall be
satisfied pro rata& after the pay!ent of d"ties& ta)es
and fees d"e the @tate or any s"bdivision thereof.
(152,a)
Art. 22*3. Those credits which en.oy preference in
relation to specific real property or real rihts& e)cl"de
all others to the e)tent of the val"e of the i!!ovable
or real riht to which the preference refers.
Art. 22*5. (f there are two or !ore credits with respect
to the sa!e specific real property or real rihts& they
shall be satisfied pro rata& after the pay!ent of the
ta)es and assess!ents "pon the i!!ovable property
or real riht. (152/a)
Art. 22+7. The e)cess& if any& after the pay!ent of the
credits which en.oy preference with respect to specific
property& real or personal& shall be added to the free
property which the debtor !ay have& for the pay!ent
of the other credits. (1523a)
Art. 22+1. Those credits which do not en.oy any
preference with respect to specific property& and
those which en.oy preference& as to the a!o"nt not
paid& shall be satisfied accordin to the followin
r"les<
(1) (n the order established in Article 22**8
(2) Co!!on credits referred to in Article 22*+ shall
be paid pro rata reardless of dates. (1525a)

T-A6@(T(#6AL P-#>(@(#6@

Art. 22+2. Chanes !ade and new provisions and
r"les laid down by this Code which !ay pre."dice or
i!pair vested or ac0"ired rihts in accordance with
the old leislation shall have no retroactive effect.
Aor the deter!ination of the applicable law in cases
which are not specified elsewhere in this Code& the
followin articles shall be observed< (Pars. 1 and 2&
Transitional Provisions).
Art. 22+'. The Civil Code of 1335 and other previo"s
laws shall overn rihts oriinatin& "nder said laws&
fro! acts done or events which took place "nder their
rei!e& even tho"h this Code !ay re"late the! in
a different !anner& or !ay not reconi%e the!. B"t if
a riht sho"ld be declared for the first ti!e in this
Code& it shall be effective at once& even tho"h the
act or event which ives rise thereto !ay have been
done or !ay have occ"rred "nder prior leislation&
provided said new riht does not pre."dice or i!pair
any vested or ac0"ired riht& of the sa!e oriin. (-"le
1)
Art. 22+*. 6o vested or ac0"ired riht can arise fro!
acts or o!issions which are aainst the law or which
infrine "pon the rihts of others. (n)
Art. 22++. The for!er laws shall re"late acts and
contracts with a condition or period& which were
e)ec"ted or entered into before the effectivity of this
Code& even tho"h the condition or period !ay still be
pendin at the ti!e this body of laws oes into effect.
(n)
Art. 22+,. Acts and contracts "nder the rei!e of the
old laws& if they are valid in accordance therewith&
shall contin"e to be f"lly operative as provided in the
sa!e& with the li!itations established in these r"les.
B"t the revocation or !odification of these acts and
contracts after the beinnin of the effectivity of this
Code& shall be s"b.ect to the provisions of this new
body of laws. (-"le 2a)
Art. 22+/. Provisions of this Code which attach a civil
sanction or penalty or a deprivation of rihts to acts or
o!issions which were not penali%ed by the for!er
laws& are not applicable to those who& when said laws
were in force& !ay have e)ec"ted the act or inc"rred
in the o!ission forbidden or conde!ned by this Code.
(f the fa"lt is also p"nished by the previo"s leislation&
the less severe sanction shall be applied.
(f a contin"o"s or repeated act or o!ission was
co!!enced before the beinnin of the effectivity of
this Code& and the sa!e s"bsists or is !aintained or
repeated after this body of laws has beco!e
operative& the sanction or penalty prescribed in this
Code shall be applied& even tho"h the previo"s laws
!ay not have provided any sanction or penalty
therefor. (-"le 'a)
Art. 22+3. Actions and rihts which ca!e into bein
b"t were not e)ercised before the effectivity of this
Code& shall re!ain in f"ll force in confor!ity with the
old leislation8 b"t their e)ercise& d"ration and the
proced"re to enforce the! shall be re"lated by this
Code and by the -"les of Co"rt. (f the e)ercise of the
riht or of the action was co!!enced "nder the old
laws& b"t is pendin on the date this Code takes
effect& and the proced"re was different fro! that
established in this new body of laws& the parties
concerned !ay choose which !ethod or co"rse to
p"rs"e. (-"le *)
Art. 22+5. The capacity of a !arried wo!an to
e)ec"te acts and contracts is overned by this Code&
even if her !arriae was celebrated "nder the for!er
laws. (n)
Art. 22,7. The vol"ntary reconition of a nat"ral child
shall take place accordin to this Code& even if the
child was born before the effectivity of this body of
laws. (n)
Art. 22,1. The e)e!ption prescribed in Article '72
shall also be applicable to any s"pport& pension or
rat"ity already e)istin or ranted before this Code
beco!es effective. (n)
Art. 22,2. $"ardians of the property of !inors&
appointed by the co"rts before this Code oes into
effect& shall contin"e to act as s"ch& notwithstandin
the provisions of Article '27. (n)
Art. 22,'. -ihts to the inheritance of a person who
died& with or witho"t a will& before the effectivity of this
Code& shall be overned by the Civil Code of 1335& by
other previo"s laws& and by the -"les of Co"rt. The
inheritance of those who& with or witho"t a will& die
after the beinnin of the effectivity of this Code& shall
be ad."dicated and distrib"ted in accordance with this
new body of laws and by the -"les of Co"rt8 b"t the
testa!entary provisions shall be carried o"t insofar as
they !ay be per!itted by this Code. Therefore&
leiti!es& better!ents& leacies and be0"ests shall
be respected8 however& their a!o"nt shall be red"ced
if in no other !anner can every co!p"lsory heir be
iven his f"ll share accordin to this Code. (-"le 12a)
Art. 22,*. The stat"s and rihts of nat"ral children by
leal fiction referred to in article 35 and illeiti!ate
children !entioned in Article 23/& shall also be
ac0"ired by children born before the effectivity of this
Code. (n)
Art. 22,+. The riht of retention of real or personal
property arisin after this Code beco!es effective&
incl"des those thins which ca!e into the creditor;s
possession before said date. (n)
Art. 22,,. The followin shall have not only
prospective b"t also retroactive effect<
(1) Article '1+& whereby a descendant cannot be
co!pelled& in a cri!inal case& to testify aainst his
parents and ascendants8
(2) Articles 171 and 33& providin aainst coll"sion in
cases of leal separation and ann"l!ent of !arriae8
(') Articles 23'& 23*& and 235& concernin the proof of
illeiti!ate filiation8
(*) Article 3'3& a"thori%in the probate of a will on
petition of the testator hi!self8
(+) Articles 1'+5 to 1',5& relative to the refor!ation of
instr"!ents8
(,) Articles */, to *31& re"latin actions to 0"iet title8
(/) Articles 2725 to 27'1& which are desined to
pro!ote co!pro!ise. (n)
Art. 22,/. The followin provisions shall apply not
only to f"t"re cases b"t also to those pendin on the
date this Code beco!es effective<
(1) Article 25& -elative to cri!inal prosec"tions
wherein the acc"sed is ac0"itted on the ro"nd that
his "ilt has not been proved beyond reasonable
do"bt8
(2) Article ''& concernin cases of defa!ation& fra"d&
and physical in."ries. (n)
Art. 22,3. @"its between !e!bers of the sa!e fa!ily
which are pendin at the ti!e this Code oes into
effect shall be s"spended& "nder s"ch ter!s as the
co"rt !ay deter!ine& in order that co!pro!ise !ay
be earnestly so"ht& or& in case of leal separation
proceedins& for the p"rpose of effectin& if possible&
a reconciliation. (n)
Art. 22,5. The principles "pon which the precedin
transitional provisions are based shall& by analoy& be
applied to cases not specifically re"lated by the!.
(-"le 1'a)

-:P:AL(6$ CLA?@:

Art. 22/7. The followin laws and re"lations are
hereby repealed<
(1) Those parts and provisions of the Civil Code of
1335 which are in force on the date when this new
Civil Code beco!es effective<
(2) The provisions of the Code of Co!!erce
overnin sales& partnership& aency& loan& deposit
and "aranty8
(') The provisions of the Code of Civil Proced"re on
prescription as far as inconsistent with this Code8 and
(*) All laws& Acts& parts of Acts& r"les of co"rt&
e)ec"tive orders& and ad!inistrative re"lations
which are inconsistent with this Code. (n)
Approved& 4"ne 13& 15*5.