One who in good faith employs the material of another in whole or in part in order to make a thing of a different kind, shall appropriate the thing thus transformed as his own, indemnifying the owner of the material for its value. Art. (562), Art. (515a), Art. Art. 544. (377). Download with Google Download with Facebook. A present possessor who shows his possession at some previous time, is presumed to have held possession also during the intermediate period, in the absence of proof to the contrary. The width of the easement of right of way shall be that which is sufficient for the needs of the dominant estate, and may accordingly be changed from time to time. 575. 455. (534). - the Spanish Civil Code of 1889 - the codes, laws, and judicial decisions, as well as the work of jurists of other countries - doctrines laid down by the Supreme Court of the Philippines - Filipino customs and traditions - Philippine statutes - the Code Commission itself. Industrial fruits are those produced by lands of any kind through cultivation or labor. (452a). (481), Art. (498). Continuous easements are those the use of which is or may be incessant, without the intervention of any act of man. He is deemed a possessor in good faith who is not aware that there exists in his title or mode of acquisition any flaw which invalidates it. 420. If at the time the good faith ceases, there should be any natural or industrial fruits, the possessor shall have a right to a part of the expenses of cultivation, and to a part of the net harvest, both in proportion to the time of the possession. 517. (509), Art. Art. (488), Art. A possessor in good faith shall not be liable for the deterioration or loss of the thing possessed, except in cases in which it is proved that he has acted with fraudulent intent or negligence, after the judicial summons. (590a). 425. (450a). (446a), Art. Laws shall take effect after fifteen days following the completion of their publication in the Official Gazette, unless it is otherwise (363a), Art. (503), Art. A usufruct is not extinguished by bad use of the thing in usufruct; but if the abuse should cause considerable injury to the owner, the latter may demand that the thing be delivered to him, binding himself to pay annually to the usufructuary the net proceeds of the same, after deducting the expenses and the compensation which may be allowed him for its administration. The possession of hereditary property is deemed transmitted to the heir without interruption and from the moment of the death of the decedent, in case the inheritance is accepted. Nevertheless, one who has lost any movable or has been unlawfully deprived thereof may recover it from the person in possession of the same. 678. This provision shall also apply in case of the division of a thing owned in common by two or more persons. If the woodland is a copse or consists of timber for building, the usufructuary may do such ordinary cutting or felling as the owner was in the habit of doing, and in default of this, he may do so in accordance with the custom of the place, as to the manner, amount and season. Acts merely tolerated, and those executed clandestinely and without the knowledge of the possessor of a thing, or by violence, do not affect possession. Art. A usufruct granted for the time that may elapse before a third person attains a certain age, shall subsist for the number of years specified, even if the third person should die before the period expires, unless such usufruct has been expressly granted only in consideration of the existence of such person. (592), Art. (370a), Art. Natural or industrial fruits growing at the time the usufruct begins, belong to the usufructuary. Usufruct cannot be constituted in favor of a town, corporation, or association for more than fifty years. 2. The revolution spread so rapidly that on 12 June 1898, the independence of the Philippines was proclaimed by … 606. Possession as a fact cannot be recognized at the same time in two different personalities except in the cases of co-possession. Should a question arise regarding the fact of possession, the present possessor shall be preferred; if there are two possessors, the one longer in possession; if the dates of the possession are the same, the one who presents a title; and if all these conditions are equal, the thing shall be placed in judicial deposit pending determination of its possession or ownership through proper proceedings. (388), Art. A usufruct constituted in favor of several persons living at the time of its constitution shall not be extinguished until death of the last survivor. The Philippine Civil Code is strongly influenced by the Spanish Código Civil, which was first enforced in 1889 within the Philippines when it was still a colony of the Spanish Empire. 541. (505). Art. Upon partition, there shall be a mutual accounting for benefits received and reimbursements for expenses made. (2) Abatement, without judicial proceedings. This easement is not compulsory if the isolation of the immovable is due to the proprietor's own acts. SPANISH CIVIL CODE PRELIMINARY TITLE On legal rules, their application and effectiveness . The parties shall agree upon the terms of the lease and in case of disagreement, the court shall fix the terms thereof. Full text of the Civil Code of the Philippines [Republic Act No. If the one who has acted in bad faith is the owner of the principal thing, the owner of the accessory thing shall have a right to choose between the former paying him its value or that the thing belonging to him be separated, even though for this purpose it be necessary to destroy the principal thing; and in both cases, furthermore, there shall be indemnity for damages. (483a), Art. If the usufruct be constituted on the whole of a patrimony, and if at the time of its constitution the owner has debts, the provisions of Articles 758 and 759 relating to donations shall be applied, both with respect to the maintenance of the usufruct and to the obligation of the usufructuary to pay such debts. 2657: Administrative Code of 1917: December 31, 1916: Act No. Every part-owner of a party wall may use it in proportion to the right he may have in the co-ownership, without interfering with the common and respective uses by the other co-owners. The distance referred to in the preceding article shall be measured in cases of direct views from the outer line of the wall when the openings do not project, from the outer line of the latter when they do, and in cases of oblique view from the dividing line between the two properties. 599. 37 Full PDFs related to this paper. (396). (486), Art. (n), Art. Philippines and their effect on the ultimate formation of the Fili-pino nation cannot be underestimated. If in the making of the thing bad faith intervened, the owner of the material shall have the right to appropriate the work to himself without paying anything to the maker, or to demand of the latter that he indemnify him for the value of the material and the damages he may have suffered. (507). (382). 474. (554), Art. On who succeeds by hereditary title shall not suffer the consequences of the wrongful possession of the decedent, if it is not shown that he was aware of the flaws affecting it; but the effects of possession in good faith shall not benefit him except from the date of the death of the decedent. 0000005381 00000 n 549. 511. Neither can side or oblique views upon or towards such conterminous property be had, unless there be a distance of sixty centimeters. (n) Article 2. (466), Art. 665. 622. 657. (500), Art. Whenever the yard or court of a house is surrounded by other houses, and it is not possible to give an outlet through the house itself to the rain water collected thereon, the establishment of an easement of drainage can be demanded, giving an outlet to the water at the point of the contiguous lands or tenements where its egress may be easiest, and establishing a conduit for the drainage in such manner as to cause the least damage to the servient estate, after payment of the property indemnity. Likewise, each co-owner shall pay for damages caused by reason of his negligence or fraud. (487), Art. 673. Usufruct may be constituted on the whole or a part of the fruits of the thing, in favor of one more persons, simultaneously or successively, and in every case from or to a certain day, purely or conditionally. (462a), Art. (334a). If the owner of the servient estate should have bound himself, upon the establishment of the easement, to bear the cost of the work required for the use and preservation thereof, he may free himself from this obligation by renouncing his property to the owner of the dominant estate. (400a), Art. The owner may construct any works and make any improvements of which the immovable in usufruct is susceptible, or make new plantings thereon if it be rural, provided that such acts do not cause a diminution in the value of the usufruct or prejudice the right of the usufructuary. Nevertheless, the owner of the tenement or property adjoining the wall in which the openings are made can close them should he acquire part-ownership thereof, if there be no stipulation to the contrary. (458), Art. 591. An action may also be brought to prevent a cloud from being cast upon title to real property or any interest therein. 536. The owners of estates adjoining ponds or lagoons do not acquire the land left dry by the natural decrease of the waters, or lose that inundated by them in extraordinary floods. No prescription shall run in favor of a co-owner or co-heir against his co-owners or co-heirs so long as he expressly or impliedly recognizes the co-ownership. Under the Spanish Civil Code of 1889, a spouse who is survived by brothers and sisters or children of brothers or sisters of the decedent, was entitled to receive in usufruct the part of the inheritance pertaining to said heirs. The nonobservance of these distances does not give rise to prescription. 1454 of the Civil Code of 1889. Art. Note: Art. In the preceding cases, the usufructuary, at the beginning of the usufruct, has no obligation to refund to the owner any expenses incurred; but the owner shall be obliged to reimburse at the termination of the usufruct, from the proceeds of the growing fruits, the ordinary expenses of cultivation, for seed, and other similar expenses incurred by the usufructuary. (457a), Art. (502a), Art. 685. Easements for drawing water and for watering animals carry with them the obligation of the owners of the servient estates to allow passage to persons and animals to the place where such easements are to be used, and the indemnity shall include this service. (n). 612. The usufructuary shall have the right to enjoy any increase which the thing in usufruct may acquire through accession, the servitudes established in its favor, and, in general, all the benefits inherent therein. ARTICLE 1. Share & Embed "Family Code of the Philippines… It became known as the Civil Code of the Philippines. The ownership which the proprietor of a piece of land has over the waters rising thereon does not prejudice the rights which the owners of lower estates may have legally acquired to the use thereof. (352). The old laws not only required common carriers to exercise merely ordinary ... 5 5 EDGARDO PARAS, CIVIL CODE OF THE PHILIPPINES: ANNOTATED 458-59 (12th ed. (532). (n), Art. Whenever it consists in the enjoyment of benefits accruing from a participation in any industrial or commercial enterprise, the date of the distribution of which is not fixed, such benefits shall have the same character. 640. 497. (n), For this purpose he shall notify the owner of the servient estate, and shall choose the most convenient time and manner so as to cause the least inconvenience to the owner of the servient estate. 449. Art. (1) To make, after notice to the owner or his legitimate representative, an inventory of all the property, which shall contain an appraisal of the movables and a description of the condition of the immovables; (2) To give security, binding himself to fulfill the obligations imposed upon him in accordance with this Chapter. Whenever the current of a river, creek or torrent segregates from an estate on its bank a known portion of land and transfers it to another estate, the owner of the land to which the segregated portion belonged retains the ownership of it, provided that he removes the same within two years. The cost of repairs and construction of party walls and the maintenance of fences, live hedges, ditches, and drains owned in common, shall be borne by all the owners of the lands or tenements having the party wall in their favor, in proportion to the right of each. (416), Explorations for subterranean waters on lands of public dominion may be made only with the permission of the administrative authorities. Act No. (493). 527. 3. The provisions of the preceding article are applicable to the case in which it may be necessary to clear a piece of land of matter, whose accumulation or fall may obstruct the course of the waters, to the damage or peril of third persons. Wild animals are possessed only while they are under one's control; domesticated or tamed animals are considered domestic or tame if they retain the habit of returning to the premises of the possessor. 675. 564. (451). (560), Art. Whenever the owner of the accessory thing has made the incorporation in bad faith, he shall lose the thing incorporated and shall have the obligation to indemnify the owner of the principal thing for the damages he may have suffered. THE CRIMINAL CODE OF THE PHILIPPINES Title I General Principles Chapter 1 Applicability Section 1. No one may enter private property to search waters or make use of them without permission from the owners, except as provided by the Mining Law. (579a). (335a), (1) Obligations and actions which have for their object movables or demandable sums; and, (2) Shares of stock of agricultural, commercial and industrial entities, although they may have real estate. 546. (380), Art. Art. 443. Art. If there was bad faith, not only on the part of the person who built, planted or sowed on the land of another, but also on the part of the owner of such land, the rights of one and the other shall be the same as though both had acted in good faith. (583). Each one of the participants of a thing possessed in common shall be deemed to have exclusively possessed the part which may be allotted to him upon the division thereof, for the entire period during which the co-possession lasted. 692. Art. Necessary expenses shall be refunded to every possessor; but only the possessor in good faith may retain the thing until he has been reimbursed therefor. Art. 696. Property for public use, in the provinces, cities, and municipalities, consist of the provincial roads, city streets, municipal streets, the squares, fountains, public waters, promenades, and public works for public service paid for by said provinces, cities, or municipalities. 699. 642. Art. 457. Interruption in the possession of the whole or a part of a thing possessed in common shall be to the prejudice of all the possessors. Art. Without prejudice to rights legally acquired, the animal path shall not exceed in any case the width of 75 meters, and the animal trail that of 37 meters and 50 centimeters. In 1940, Pres. Whenever the current of a river divides itself into branches, leaving a piece of land or part thereof isolated, the owner of the land retains his ownership. 431. (345a), Whenever the word "muebles," or "furniture," is used alone, it shall not be deemed to include money, credits, commercial securities, stocks and bonds, jewelry, scientific or artistic collections, books, medals, arms, clothing, horses or carriages and their accessories, grains, liquids and merchandise, or other things which do not have as their principal object the furnishing or ornamenting of a building, except where from the context of the law, or the individual declaration, the contrary clearly appears. The period of prescription for the acquisition of an easement of light and view shall be counted: (1) From the time of the opening of the window, if it is through a party wall; or, (2) From the time of the formal prohibition upon the proprietor of the adjoining land or tenement, if the window is through a wall on the dominant estate. 528. 703. The owner of the land who makes thereon, personally or through another, plantings, constructions or works with the materials of another, shall pay their value; and, if he acted in bad faith, he shall also be obliged to the reparation of damages. 579. LECTURE NOTES ON CIVIL LAW Professor Ruben F. Balane Page 1 of 354 Lecture Notes on Civil Law. 439. The owners of lands, through which or along the boundaries of which the aqueduct passes, cannot claim ownership over it, or any right to the use of its bed or banks, unless the claim is based on titles of ownership specifying the right or ownership claimed. After the security has been given by the usufructuary, he shall have a right to all the proceeds and benefits from the day on which, in accordance with the title constituting the usufruct, he should have commenced to receive them. Those growing at the time the usufruct terminates, belong to the owner. (553a), Art. xref Art. 576. 411 0 obj<> endobj Each co-owner shall have the full ownership of his part and of the fruits and benefits pertaining thereto, and he may therefore alienate, assign or mortgage it, and even substitute another person in its enjoyment, except when personal rights are involved. (596). Art. He cannot complain of the reasonable requirements of aerial navigation. Laws. 595. E. Caliwan, J.D. (n), Art. 499. Useful expenses shall be refunded only to the possessor in good faith with the same right of retention, the person who has defeated him in the possession having the option of refunding the amount of the expenses or of paying the increase in value which the thing may have acquired by reason thereof. 464. But in such a case, if the owner should wish to construct another building, he shall have a right to occupy the land and to make use of the materials, being obliged to pay to the usufructuary, during the continuance of the usufruct, the interest upon the sum equivalent to the value of the land and of the materials. One who recovers possession shall not be obliged to pay for improvements which have ceased to exist at the time he takes possession of the thing. The possession of immovables and of real rights is not deemed lost, or transferred for purposes of prescription to the prejudice of third persons, except in accordance with the provisions of the Mortgage Law and the Land Registration laws. 645. Trade-marks and trade-names are governed by special laws. 565. 386 as amended by PD 1755, EOs 200, 209, 227, RAs 6809 and 8533 1999, Published & distributed by Central Book Supply in English - 8th (1999) ed. 467. var d=new Date(); 501. The true owner must resort to judicial process for the recovery of the property. 554. 567. 430. (470). In the preceding articles, sentimental value shall be duly appreciated. This Act shall be known as the “Civil Code of the Philippines.” (n) ARTICLE 2. 656. 509. 432. 452. 601. 683. Art. No person shall be deprived of his property except by competent authority and for public use and always upon payment of just compensation. He is deemed a possessor in bad faith who possesses in any case contrary to the foregoing. If the possessor of a movable lost or which the owner has been unlawfully deprived, has acquired it in good faith at a public sale, the owner cannot obtain its return without reimbursing the price paid therefor. If the owner of a building, supported by a party wall desires to demolish the building, he may also renounce his part-ownership of the wall, but the cost of all repairs and work necessary to prevent any damage which the demolition may cause to the party wall, on this occasion only, shall be borne by him. DOWNLOAD PDF . Art. 483. Art. (419), Art. Art. 444. 0000000016 00000 n The owner of the thing may, should he so desire, give the possessor in good faith the right to finish the cultivation and gathering of the growing fruits, as an indemnity for his part of the expenses of cultivation and the net proceeds; the possessor in good faith who for any reason whatever should refuse to accept this concession, shall lose the right to be indemnified in any other manner. In both cases, the public highway must substantially meet the needs of the dominant estate in order that the easement may be extinguished. The right to make use of public waters is extinguished by the lapse of the concession and by non-user for five years. These prohibitions cannot be altered or renounced by stipulation on the part of the adjoining proprietors. A usufructuary who alienates or leases his right of usufruct shall answer for any damage which the things in usufruct may suffer through the fault or negligence of the person who substitutes him. The Civil Code of the Philippines. Easements established by law in the interest of private persons or for private use shall be governed by the provisions of this Title, without prejudice to the provisions of general or local laws and ordinances for the general welfare. Art. (495), Art. (484a). (459). Art. The surviving spouse, as THE SPANISH ANTECEDENTS OF THE PHILIPPINE CIVIL CODE On the morning of 19 October 1469, in a private residence in Valladolid, more than a hundred miles northwest of Madrid as the crow flies, a wedding took place. (372a), Art. 616. Nevertheless, if by reason of the place originally assigned, or of the manner established for the use of the easement, the same should become very inconvenient to the owner of the servient estate, or should prevent him from making any important works, repairs or improvements thereon, it may be changed at his expense, provided he offers another place or manner equally convenient and in such a way that no injury is caused thereby to the owner of the dominant estate or to those who may have a right to the use of the easement. Art. Nevertheless, an agreement to keep the thing undivided for a certain period of time, not exceeding ten years, shall be valid. Easements are established either by law or by the will of the owners. (548), Art. Art. (497), Art. Whenever the usufruct includes things which, without being consumed, gradually deteriorate through wear and tear, the usufructuary shall have the right to make use thereof in accordance with the purpose for which they are intended, and shall not be obliged to return them at the termination of the usufruct except in their condition at that time; but he shall be obliged to indemnify the owner for any deterioration they may have suffered by reason of his fraud or negligence. (n). Should the usufructuary fail to make them after demand by the owner, the latter may make them at the expense of the usufructuary. 498. A possessor may lose his possession: (2) By an assignment made to another either by onerous or gratuitous title; (3) By the destruction or total loss of the thing, or because it goes out of commerce; (4) By the possession of another, subject to the provisions of Article 537, if the new possession has lasted longer than one year. (n). (538a), Art. But they cannot impugn any partition already executed, unless there has been fraud, or in case it was made notwithstanding a formal opposition presented to prevent it, without prejudice to the right of the debtor or assignor to maintain its validity. When the owner of waters artificially brought to the surface abandons them to their natural course, they shall become of public dominion. Minors and incapacitated persons may acquire the possession of things; but they need the assistance of their legal representatives in order to exercise the rights which from the possession arise in their favor. Public use and patrimonial property, remove such improvements, should it be possible to do so without to... Mortgaged immovable shall not exceed three thousand pesos or equitable title to real property which is or may made. Capital, shall be void judicial process for the security old civil code of the philippines 1889 pdf which is the remedy. 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