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 efect after fteen
da!s followin" the co#pletion of their
p$blication in the %&cial 'a(ette) $nless it is
otherwise provided. This Code shall take
efect one !ear after s$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 efect)
$nless the contrar! is provided. (*)
Art. .. Acts e,ec$ted a"ainst the provisions
of #andator! or prohibitor! laws shall be
void) e,cept when the law itself a$thori(es
their validit!. (-a)
Art. /. 0i"hts #a! be waived) $nless the
waiver is contrar! to law) p$blic order) p$blic
polic!) #orals) or "ood c$sto#s) or
pre1$dicial to a third person with a ri"ht
reco"ni(ed b! law. (-a)
Art. 2. Laws are repealed onl! b! s$bse3$ent
ones) and their violation or non4observance
shall not be e,c$sed b! dis$se) or c$sto# or
practice to the contrar!.
5hen 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 onl! when the! are
not contrar! to the laws or the Constit$tion.
(.a)
Art. 6. 7$dicial decisions appl!in" or
interpretin" the laws or the Constit$tion shall
for# a part of the le"al s!ste# of the
Philippines. (n)
Art. 8. 9o 1$d"e or co$rt shall decline to
render 1$d"#ent b! reason of the silence)
obsc$rit! or ins$&cienc! of the laws. (/)
Art. 1:. +n case of do$bt in the interpretation
or application of laws) it is pres$#ed that the
law#akin" bod! intended ri"ht and 1$stice to
prevail. (n)
Art. 11. C$sto#s which are contrar! to law)
p$blic order or p$blic polic! 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*. 5hen the laws speak of !ears)
#onths) da!s or ni"hts) it shall be
$nderstood that !ears are of three h$ndred
si,t!4ve da!s each; #onths) of thirt! da!s;
da!s) of twent!4fo$r ho$rs; and ni"hts fro#
s$nset to s$nrise.
+f #onths are desi"nated b! their na#e) the!
shall be co#p$ted b! the n$#ber of da!s
which the! respectivel! have.
+n co#p$tin" a period) the rst da! shall be
e,cl$ded) and the last da! incl$ded. (2a)
Art. 1-. Penal laws and those of p$blic
sec$rit! and safet! shall be obli"ator! $pon
all who live or so1o$rn in the Philippine
territor!) s$b1ect to the principles of p$blic
international law and to treat! stip$lations.
(6a)
Art. 1.. Laws relatin" to fa#il! ri"hts and
d$ties) or to the stat$s) condition and le"al
capacit! of persons are bindin" $pon citi(ens
of the Philippines) even tho$"h livin" abroad.
(8a)
Art. 1/. 0eal propert! as well as personal
propert! is s$b1ect to the law of the co$ntr!
where it is stip$lated.
<owever) intestate and testa#entar!
s$ccessions) both with respect to the order of
s$ccession and to the a#o$nt of
s$ccessional ri"hts and to the intrinsic
validit! of testa#entar! provisions) shall be
re"$lated b! the national law of the person
whose s$ccession is $nder consideration)
whatever #a! be the nat$re of the propert!
and re"ardless of the co$ntr! wherein said
propert! #a! be fo$nd. (1:a)
Art. 12. The for#s and sole#nities of
contracts) wills) and other p$blic instr$#ents
shall be "overned b! the laws of the co$ntr!
in which the! are e,ec$ted.
5hen the acts referred to are e,ec$ted
before the diplo#atic or cons$lar o&cials of
the 0ep$blic of the Philippines in a forei"n
co$ntr!) the sole#nities established b!
Philippine laws shall be observed in their
e,ec$tion.
Prohibitive laws concernin" persons) their
acts or propert!) and those which have) for
their ob1ect) p$blic order) p$blic polic! and
"ood c$sto#s shall not be rendered
inefective b! laws or 1$d"#ents
pro#$l"ated) or b! deter#inations or
conventions a"reed $pon in a forei"n
co$ntr!. (11a)
Art. 16. +n #atters which are "overned b!
the Code of Co##erce and special laws)
their decienc! shall be s$pplied b! the
provisions of this Code. (1/a)

CHAPTER 2
HUMAN RELATIONS (n)

Art. 18. =ver! person #$st) in the e,ercise of
his ri"hts and in the perfor#ance of his
d$ties) act with 1$stice) "ive ever!one his
d$e) and observe honest! and "ood faith.
Art. 2:. =ver! person who) contrar! to law)
wilf$ll! or ne"li"entl! ca$ses da#a"e to
another) shall inde#nif! the latter for the
sa#e.
Art. 21. An! person who wilf$ll! ca$ses loss
or in1$r! to another in a #anner that is
contrar! to #orals) "ood c$sto#s or p$blic
polic! shall co#pensate the latter for the
da#a"e.
Art. 22. =ver! person who thro$"h an act of
perfor#ance b! another) or an! other
#eans) ac3$ires or co#es into possession of
so#ethin" at the e,pense of the latter
witho$t 1$st or le"al "ro$nd) shall ret$rn the
sa#e to hi#.
Art. 2*. =ven when an act or event ca$sin"
da#a"e to another>s propert! was not d$e to
the fa$lt or ne"li"ence of the defendant) the
latter shall be liable for inde#nit! if thro$"h
the act or event he was beneted.
Art. 2-. +n all contract$al) propert! or other
relations) when one of the parties is at a
disadvanta"e on acco$nt of his #oral
dependence) i"norance) indi"ence) #ental
weakness) tender a"e or other handicap) the
co$rts #$st be vi"ilant for his protection.
Art. 2.. Tho$"htless e,trava"ance in
e,penses for pleas$re or displa! d$rin" a
period of ac$te p$blic want or e#er"enc!
#a! be stopped b! order of the co$rts at the
instance of an! "overn#ent or private
charitable instit$tion.
Art. 2/. =ver! person shall respect the
di"nit!) personalit!) privac! and peace of
#ind of his nei"hbors and other persons. The
followin" and si#ilar acts) tho$"h the! #a!
not constit$te a cri#inal ofense) shall
prod$ce a ca$se of action for da#a"es)
prevention and other relief?
(1) Pr!in" into the privac! of another>s
residence?
(2) @eddlin" with or dist$rbin" the private
life or fa#il! relations of another;
(*) +ntri"$in" to ca$se another to be
alienated fro# his friends;
(-) Ae,in" or h$#iliatin" another on acco$nt
of his reli"io$s beliefs) lowl! station in life)
place of birth) ph!sical defect) or other
personal condition.
Art. 22. An! person s$ferin" #aterial or
#oral loss beca$se a p$blic servant or
e#plo!ee ref$ses or ne"lects) witho$t 1$st
ca$se) to perfor# his o&cial d$t! #a! le an
action for da#a"es and other relief a"ainst
he latter) witho$t pre1$dice to an!
disciplinar! ad#inistrative action that #a!
be taken.
Art. 26. Bnfair co#petition in a"ric$lt$ral)
co##ercial or ind$strial enterprises or in
labor thro$"h the $se of force) inti#idation)
deceit) #achination or an! other $n1$st)
oppressive or hi"hhanded #ethod shall "ive
rise to a ri"ht of action b! the person who
thereb! s$fers da#a"e.
Art. 28. 5hen the acc$sed in a cri#inal
prosec$tion is ac3$itted on the "ro$nd that
his "$ilt has not been proved be!ond
reasonable do$bt) a civil action for da#a"es
for the sa#e act or o#ission #a! be
instit$ted. C$ch action re3$ires onl! a
preponderance of evidence. Bpon #otion of
the defendant) the co$rt #a! re3$ire the
plaintif to le a bond to answer for da#a"es
in case the co#plaint sho$ld be fo$nd to be
#alicio$s.
+f in a cri#inal case the 1$d"#ent of ac3$ittal
is based $pon reasonable do$bt) the co$rt
shall so declare. +n the absence of an!
declaration to that efect) it #a! be inferred
fro# the te,t of the decision whether or not
the ac3$ittal is d$e to that "ro$nd.
Art. *:. 5hen a separate civil action is
bro$"ht to de#and civil liabilit! arisin" fro#
a cri#inal ofense) and no cri#inal
proceedin"s are instit$ted d$rin" the
pendenc! of the civil case) a preponderance
of evidence shall likewise be s$&cient to
prove the act co#plained of.
Art. *1. 5hen the civil action is based on an
obli"ation not arisin" fro# the act or
o#ission co#plained of as a felon!) s$ch
civil action #a! proceed independentl! of
the cri#inal proceedin"s and re"ardless of
the res$lt of the latter.
Art. *2. An! p$blic o&cer or e#plo!ee) or
an! private individ$al) who directl! or
indirectl! obstr$cts) defeats) violates or in
an! #anner i#pedes or i#pairs an! of the
followin" ri"hts and liberties of another
person shall be liable to the latter for
da#a"es?
(1) Dreedo# of reli"ion;
(2) Dreedo# of speech;
(*) Dreedo# to write for the press or to
#aintain a periodical p$blication;
(-) Dreedo# fro# arbitrar! or ille"al
detention;
(.) Dreedo# of s$fra"e;
(/) The ri"ht a"ainst deprivation of propert!
witho$t d$e process of law;
(2) The ri"ht to a 1$st co#pensation when
private propert! is taken for p$blic $se;
(6) The ri"ht to the e3$al protection of the
laws;
(8) The ri"ht to be sec$re in one>s person)
ho$se) papers) and efects a"ainst
$nreasonable searches and sei($res;
(1:) The libert! of abode and of chan"in"
the sa#e;
(11) The privac! of co##$nication and
correspondence;
(12) The ri"ht to beco#e a #e#ber of
associations or societies for p$rposes not
contrar! to law;
(1*) The ri"ht to take part in a peaceable
asse#bl! to petition the "overn#ent for
redress of "rievances;
(1-) The ri"ht to be free fro# invol$ntar!
servit$de in an! for#;
(1.) The ri"ht of the acc$sed a"ainst
e,cessive bail;
(1/) The ri"ht of the acc$sed to be heard b!
hi#self and co$nsel) to be infor#ed of the
nat$re and ca$se of the acc$sation a"ainst
hi#) to have a speed! and p$blic trial) to
#eet the witnesses face to face) and to have
co#p$lsor! process to sec$re the
attendance of witness in his behalf;
(12) Dreedo# fro# bein" co#pelled to be a
witness a"ainst one>s self) or fro# bein"
forced to confess "$ilt) or fro# bein" ind$ced
b! a pro#ise of i##$nit! or reward to #ake
s$ch confession) e,cept when the person
confessin" beco#es a Ctate witness;
(16) Dreedo# fro# e,cessive nes) or cr$el
and $n$s$al p$nish#ent) $nless the sa#e is
i#posed or inEicted in accordance with a
stat$te which has not been 1$diciall!
declared $nconstit$tional; and
(18) Dreedo# of access to the co$rts.
+n an! of the cases referred to in this article)
whether or not the defendant>s act or
o#ission constit$tes a cri#inal ofense) the
a""rieved part! has a ri"ht to co##ence an
entirel! separate and distinct civil action for
da#a"es) and for other relief. C$ch civil
action shall proceed independentl! of an!
cri#inal prosec$tion (if the latter be
instit$ted)) and #at be proved b! a
preponderance of evidence.
The inde#nit! shall incl$de #oral da#a"es.
=,e#plar! da#a"es #a! also be
ad1$dicated.
The responsibilit! herein set forth is not
de#andable fro# a 1$d"e $nless his act or
o#ission constit$tes a violation of the Penal
Code or other penal stat$te.
Art. **. +n cases of defa#ation) fra$d) and
ph!sical in1$ries a civil action for da#a"es)
entirel! separate and distinct fro# the
cri#inal action) #a! be bro$"ht b! the
in1$red part!. C$ch civil action shall proceed
independentl! of the cri#inal prosec$tion)
and shall re3$ire onl! a preponderance of
evidence.
Art. *-. 5hen a #e#ber of a cit! or
#$nicipal police force ref$ses or fails to
render aid or protection to an! person in
case of dan"er to life or propert!) s$ch peace
o&cer shall be pri#aril! liable for da#a"es)
and the cit! or #$nicipalit! shall be
s$bsidiaril! responsible therefor. The civil
action herein reco"ni(ed shall be
independent of an! cri#inal proceedin"s)
and a preponderance of evidence shall
s$&ce to s$pport s$ch action.
Art. *.. 5hen a person) clai#in" to be
in1$red b! a cri#inal ofense) char"es
another with the sa#e) for which no
independent civil action is "ranted in this
Code or an! special law) b$t the 1$stice of
the peace nds no reasonable "ro$nds to
believe that a cri#e has been co##itted) or
the prosec$tin" attorne! ref$ses or fails to
instit$te cri#inal proceedin"s) the co#plaint
#a! brin" a civil action for da#a"es a"ainst
the alle"ed ofender. C$ch civil action #a!
be s$pported b! a preponderance of
evidence. Bpon the defendant>s #otion) the
co$rt #a! re3$ire the plaintif to le a bond
to inde#nif! the defendant in case the
co#plaint sho$ld be fo$nd to be #alicio$s.
+f d$rin" the pendenc! of the civil action) an
infor#ation sho$ld be presented b! the
prosec$tin" attorne!) the civil action shall be
s$spended $ntil the ter#ination of the
cri#inal proceedin"s.
Art. */. Pre41$dicial 3$estions which #$st be
decided before an! cri#inal prosec$tion #a!
be instit$ted or #a! proceed) shall be
"overned b! r$les of co$rt which the
C$pre#e Co$rt shall pro#$l"ate and which
shall not be in conEict 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. *2. 7$ridical capacit!) which is the
tness to be the s$b1ect of le"al relations) is
inherent in ever! nat$ral person and is lost
onl! thro$"h death. Capacit! to act) which is
the power to do acts with le"al efect) is
ac3$ired and #a! be lost. (n)
Art. *6. @inorit!) insanit! or i#becilit!) the
state of bein" a deaf4#$te) prodi"alit! and
civil interdiction are #ere restrictions on
capacit! to act) and do not e,e#pt the
incapacitated person fro# certain
obli"ations) as when the latter arise fro# his
acts or fro# propert! relations) s$ch as
ease#ents. (*2a)
Art. *8. The followin" circ$#stances) a#on"
others) #odif! or li#it capacit! to act? a"e)
insanit!) i#becilit!) the state of bein" a deaf4
#$te) penalt!) prodi"alit!) fa#il! relations)
aliena"e) absence) insolvenc! and
tr$steeship. The conse3$ences of these
circ$#stances are "overned in this Code)
other codes) the 0$les of Co$rt) and in
special laws. Capacit! to act is not li#ited on
acco$nt of reli"io$s belief or political opinion.
A #arried wo#an) twent!4one !ears of a"e
or over) is 3$alied for all acts of civil life)
e,cept in cases specied b! law. (n)

CHAPTER 2
NATURAL PERSONS

Art. -:. Firth deter#ines personalit!; 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 specied
in the followin" article. (28a)
Art. -1. Dor civil p$rposes) the fet$s is
considered born if it is alive at the ti#e it is
co#pletel! delivered fro# the #other>s
wo#b. <owever) if the fet$s had an intra4
$terine life of less than seven #onths) it is
not dee#ed born if it dies within twent!4fo$r
ho$rs after its co#plete deliver! fro# the
#aternal wo#b. (*:a)
Art. -2. Civil personalit! is e,tin"$ished b!
death.
The efect of death $pon the ri"hts and
obli"ations of the deceased is deter#ined b!
law) b! contract and b! will. (*2a)
Art. -*. +f there is a do$bt) as between two or
#ore persons who are called to s$cceed
each other) as to which of the# died rst)
whoever alle"es the death of one prior to the
other) shall prove the sa#e; in the absence
of proof) it is pres$#ed that the! died at the
sa#e ti#e and there shall be no
trans#ission of ri"hts fro# one to the other.
(**)

CHAPTER 3
&URIDICAL PERSONS

Art. --. The followin" are 1$ridical persons?
(1) The Ctate and its political s$bdivisions;
(2) %ther corporations) instit$tions and
entities for p$blic interest or p$rpose)
created b! law; their personalit! be"ins as
soon as the! have been constit$ted
accordin" to law;
(*) Corporations) partnerships and
associations for private interest or p$rpose to
which the law "rants a 1$ridical personalit!)
separate and distinct fro# that of each
shareholder) partner or #e#ber. (*.a)
Art. -.. 7$ridical persons #entioned in 9os. 1
and 2 of the precedin" article are "overned
b! the laws creatin" or reco"ni(in" the#.
Private corporations are re"$lated b! laws of
"eneral application on the s$b1ect.
Partnerships and associations for private
interest or p$rpose are "overned b! the
provisions of this Code concernin"
partnerships. (*/ and *2a)
Art. -/. 7$ridical persons #a! ac3$ire and
possess propert! of all kinds) as well as inc$r
obli"ations and brin" civil or cri#inal actions)
in confor#it! with the laws and re"$lations
of their or"ani(ation. (*6a)
Art. -2. Bpon the dissol$tion of corporations)
instit$tions and other entities for p$blic
interest or p$rpose #entioned in 9o. 2 of
Article --) their propert! and other assets
shall be disposed of in p$rs$ance of law or
the charter creatin" the#. +f nothin" has
been specied on this point) the propert!
and other assets shall be applied to si#ilar
p$rposes for the benet of the re"ion)
province) cit! or #$nicipalit! which d$rin"
the e,istence of the instit$tion derived the
principal benets fro# the sa#e. (*8a)

Title ++. 4 C+T+G=9C<+P A9H H%@+C+L=

Art. -6. 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$tion of the Philippines;
(2) Those born in the Philippines of forei"n
parents who) before the adoption of said
Constit$tion) had been elected to p$blic
o&ce in the Philippines;
(*) Those whose fathers are citi(ens of the
Philippines;
(-) Those whose #others are citi(ens of the
Philippines and) $pon reachin" the a"e of
#a1orit!) elect Philippine citi(enship;
(.) Those who are nat$rali(ed in accordance
with law. (n)
Art. -8. 9at$rali(ation and the loss and
reac3$isition of citi(enship of the Philippines
are "overned b! special laws. (n)
Art. .:. Dor the e,ercise of civil ri"hts and
the f$lll#ent of civil obli"ations) the
do#icile of nat$ral persons is the place of
their habit$al residence. (-:a)
Art. .1. 5hen the law creatin" or reco"ni(in"
the#) or an! other provision does not , the
do#icile of 1$ridical persons) the sa#e shall
be $nderstood to be the place where their
le"al representation is established or where
the! e,ercise their principal f$nctions. (-1a)

Title +++. 4 @A00+A'=

C<APT=0 1
0=IB+C+T=C %D @A00+A'=

Art. .2. @arria"e is not a #ere contract b$t
an inviolable social instit$tion. +ts nat$re)
conse3$ences and incidents are "overned b!
law and not s$b1ect to stip$lation) e,cept
that the #arria"e settle#ents #a! to a
certain e,tent , the propert! relations
d$rin" the #arria"e. (n)
Art. .*. 9o #arria"e shall be sole#ni(ed
$nless all these re3$isites are co#plied with?
(1) Le"al capacit! of the contractin" parties;
(2) Their consent) freel! "iven;
(*) A$thorit! of the person perfor#in" the
#arria"e; and
(-) A #arria"e license) e,cept in a #arria"e
of e,ceptional character (Cec. 1a) Art. */1*).
Art. .-. An! #ale of the a"e of si,teen !ears
or $pwards) and an! fe#ale of the a"e of
fo$rteen !ears or $pwards) not $nder an! of
the i#pedi#ents #entioned in Articles 6: to
6-) #a! contract #arria"e. (2)
Art. ... 9o partic$lar for# for the cere#on!
of #arria"e is re3$ired) b$t the parties with
le"al capacit! to contract #arria"e #$st
declare) in the presence of the person
sole#ni(in" the #arria"e and of two
witnesses of le"al a"e) that the! take each
other as h$sband and wife. This declaration
shall be set forth in an instr$#ent in
triplicate) si"ned b! si"nat$re or #ark b! the
contractin" parties and said two witnesses
and attested b! the person sole#ni(in" the
#arria"e.
+n case of a #arria"e on the point of death)
when the d!in" part!) bein" ph!sicall!
$nable) cannot si"n the instr$#ent b!
si"nat$re or #ark) it shall be s$&cient for
one of the witnesses to the #arria"e to si"n
in his na#e) which fact shall be attested b!
the #inister sole#ni(in" the #arria"e. (*)
Art. ./. @arria"e #a! be sole#ni(ed b!?
(1) The Chief 7$stice and Associate 7$stices of
the C$pre#e Co$rt;
(2) The Presidin" 7$stice and the 7$stices of
the Co$rt of Appeals;
(*) 7$d"es of the Co$rts of Dirst +nstance;
(-) @a!ors of cities and #$nicipalities;
(.) @$nicipal 1$d"es and 1$stices of the
peace;
(/) Priests) rabbis) #inisters of the "ospel of
an! deno#ination) ch$rch) reli"ion or sect)
d$l! re"istered) as provided in Article 82; and
(2) Chip captains) airplane chiefs) #ilitar!
co##anders) and cons$ls and vice4cons$ls
in special cases provided in Articles 2- and
2.. (-a)
Art. .2. The #arria"e shall be sole#ni(ed
p$blicl! in the o&ce of the 1$d"e in open
co$rt or of the #a!or; or in the ch$rch)
chapel or te#ple) as the case #a! be) and
not elsewhere) e,cept in cases of #arria"es
contracted on the point of death or in re#ote
places in accordance with Article 22 of this
Code) or in case of #arria"e referred to in
Article 2/ or when one of the parents or the
"$ardian of the fe#ale or the latter herself if
over ei"hteen !ears of a"e re3$est it in
writin") in which cases the #arria"e #a! be
sole#ni(ed at a ho$se or place desi"nated
b! said parent or "$ardian of the fe#ale or
b! the latter herself in a sworn state#ent to
that efect. (.a)
Art. .6. Cave #arria"es of an e,ceptional
character a$thori(ed in Chapter 2 of this
Title) b$t not those $nder Article 2.) no
#arria"e shall be sole#ni(ed witho$t a
license rst bein" iss$ed b! the local civil
re"istrar of the #$nicipalit! where either
contractin" part! habit$all! resides. (2a)
Art. .8. The local civil re"istrar shall iss$e
the proper license if each of the contractin"
parties swears separatel! before hi# or
before an! p$blic o&cial a$thori(ed to
ad#inister oaths) to an application in writin"
settin" forth that s$ch part! has the
necessar! 3$alications for contractin"
#arria"e. The applicants) their parents or
"$ardians shall not be re3$ired to e,hibit
their residence certicates in an! for#alit! in
connection with the sec$rin" of the #arria"e
license. C$ch application shall insofar as
possible contain the followin" data?
(1) D$ll na#e of the contractin" part!;
(2) Place of birth;
(*) A"e) date of birth;
(-) Civil stat$s (sin"le) widow or widower) or
divorced);
(.) +f divorced) how and when the previo$s
#arria"e was dissolved;
(/) Present residence;
(2) He"ree of relationship of the contractin"
parties;
(6) D$ll na#e of the father;
(8) 0esidence of the father;
(1:) D$ll na#e of the #other;
(11) 0esidence of the #other;
(12) D$ll na#e and residence of the "$ardian
or person havin" char"e) in case the
contractin" part! has neither father nor
#other and is $nder the a"e of twent! !ears)
if a #ale) or ei"hteen !ears if a fe#ale. (2a)
Art. /:. The local civil re"istrar) $pon
receivin" s$ch application) shall re3$ire the
e,hibition of the ori"inal baptis#al or birth
certicates of the contractin" parties or
copies of s$ch doc$#ents d$l! attested b!
the persons havin" c$stod! of the ori"inals.
These certicates or certied copies of the
doc$#ents re3$ired b! this article need not
to be sworn to and shall be e,e#pt fro# the
doc$#entar! sta#p ta,. The si"nat$re and
o&cial title of the person iss$in" the
certicate shall be s$&cient proof of its
a$thenticit!.
+f either of the contractin" parties is $nable
to prod$ce his baptis#al or birth certicate
or a certied cop! of either beca$se of the
destr$ction or loss of the ori"inal) or if it is
shown b! an a&davit of s$ch part! or of an!
other person that s$ch baptis#al or birth
certicate has not !et been received tho$"h
the sa#e has been re3$ested of the person
havin" c$stod! thereof at least fteen da!s
prior to the date of the application) s$ch
part! #a! f$rnish in lie$ thereof his
residence certicate for the c$rrent !ear or
an! previo$s !ears) to show the a"e stated in
his application or) in the absence thereof) an
instr$#ent drawn $p and sworn to before the
local civil re"istrar concerned or an! p$blic
o&cial a$thori(ed to sole#ni(e #arria"e.
C$ch instr$#ent shall contain the sworn
declaration of two witnesses) of lawf$l a"e)
of either se,) settin" forth the f$ll na#e)
profession) and residence of s$ch contractin"
part! and of his or her parents) if known) and
the place and date of birth of s$ch part!. The
nearest of kin of the contractin" parties shall
be preferred as witnesses) and in their
defa$lt) persons well known in the province
or the localit! for their honest! and "ood
rep$te.
The e,hibition of baptis#al or birth
certicates shall not be re3$ired if the
parents of the contractin" parties appear
personall! before the local civil re"istrar
concerned and swear to the correctness of
the lawf$l a"e of said parties) as stated in
the application) or when the local civil
re"istrar shall) b! #erel! lookin" at the
applicants $pon their personall! appearin"
before hi#) be convinced that either or both
of the# have the re3$ired a"e. (6a)
Art. /1. +n case either of the contractin"
parties is a widowed or divorced person) the
sa#e shall be re3$ired to f$rnish) instead of
the baptis#al or birth certicate re3$ired in
the last precedin" article) the death
certicate of the deceased spo$se or the
decree of the divorce co$rt) as the case #a!
be. +n case the death certicate cannot be
fo$nd) the part! shall #ake an a&davit
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 twent! !ears of a"e as re"ards
the #ale and less than ei"hteen !ears as
re"ards the fe#ale) the! shall) in addition to
the re3$ire#ents of the precedin" articles)
e,hibit to the local civil re"istrar) the consent
to their #arria"e) of their father) #other or
"$ardian) or persons havin" le"al char"e of
the#) in the order #entioned. C$ch consent
shall be in writin") $nder oath taken with the
appearance of the interested parties before
the proper local civil re"istrar or in the for#
of an a&davit #ade in the presence of two
witnesses and attested before an! o&cial
a$thori(ed b! law to ad#inister oaths. (8a)
Art. /2. @ales above twent! b$t $nder
twent!4ve !ears of a"e) or fe#ales above
ei"hteen b$t $nder twent!4three !ears of
a"e) shall be obli"ed to ask their parents or
"$ardian for advice $pon the intended
#arria"e. +f the! do not obtain s$ch advice)
or if it be $nfavorable) the #arria"e shall not
take place till after three #onths followin"
the co#pletion of the p$blication of the
application for #arria"e license. A sworn
state#ent b! the contractin" parties to the
efect that s$ch advice has been so$"ht)
to"ether with the written advice "iven) if
an!) shall acco#pan! the application for
#arria"e license. Cho$ld the parents or
"$ardian ref$se to "ive an! advice) this fact
shall be stated in the sworn declaration. (n)
Art. /*. The local civil re"istrar shall post
d$rin" ten consec$tive da!s at the #ain door
of the b$ildin" where he has his o&ce a
notice) the location of which shall not be
chan"ed once it has been placed) settin"
forth the f$ll na#es and do#iciles of the
applicants for a #arria"e license and other
infor#ation "iven in the application. This
notice shall re3$est all persons havin"
knowled"e of an! i#pedi#ent to the
#arria"e to advise the local re"istrar thereof.
The license shall be iss$ed after the
co#pletion of the p$blication) $nless the
local civil re"istrar receives infor#ation $pon
an! alle"ed i#pedi#ent to the #arria"e.
(1:a)
Art. /-. Bpon bein" advised of an! alle"ed
i#pedi#ent to the #arria"e) the local civil
re"istrar shall forthwith #ake an
investi"ation) e,a#inin" persons $nder oath.
+f he is convicted that there is an i#pedi#ent
to the #arria"e) it shall be his d$t! to
withhold the #arria"e license) $nless he is
otherwise ordered b! a co#petent co$rt. (n)
Art. /.. The local civil re"istrar shall de#and
the previo$s pa!#ent of fees re3$ired b! law
or re"$lations for each license iss$ed. 9o
other s$# shall be collected) in the nat$re of
a fee or ta, of an! kind) for the iss$ance of a
#arria"e license. @arria"e licenses shall be
iss$ed free of char"e to indi"ent parties)
when both #ale and fe#ale do not each own
assessed real propert! in e,cess of ve
h$ndred pesos) a fact certied to) witho$t
cost) b! the provincial treas$rer) or in the
absence thereof) b! a state#ent d$l! sworn
to b! the contractin" parties before the local
civil re"istrar. The license shall be valid in
an! part of the Philippines; b$t it shall be
"ood for no #ore than one h$ndred and
twent! da!s 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 $se of it. (11a)
Art. //. 5hen either or both of the
contractin" parties are citi(ens or s$b1ects of
a forei"n co$ntr!) it shall be necessar!)
before a #arria"e license can be obtained) to
provide the#selves with a certicate of le"al
capacit! to contract #arria"e) to be iss$ed
b! their respective diplo#atic or cons$lar
o&cials. (1*a)
Art. /2. The #arria"e certicate in which the
contractin" parties shall state that the! take
each other as h$sband and wife) shall also
contain?
(1) The f$ll na#es and do#iciles of the
contractin" parties;
(2) The a"e of each;
(*) A state#ent that the proper #arria"e
license has been iss$ed accordin" to law and
that the contractin" parties have the consent
of their parents in case the #ale is $nder
twent! or the fe#ale $nder ei"hteen !ears of
a"e; and
(-) A state#ent that the "$ardian or parent
has been infor#ed of the #arria"e) if the
#ale is between the a"es of twent! and
twent!4ve !ears) and the fe#ale between
ei"hteen and twent!4three !ears of a"e.
(1.a)
Art. /6. +t shall be the d$t! of the person
sole#ni(in" the #arria"e to f$rnish to either
of the contractin" parties one of the three
copies of the #arria"e contract referred to in
Article ..) and to send another cop! of the
doc$#ent not later than fteen da!s after
the #arria"e took place to the local civil
re"istrar concerned) whose d$t! it shall be to
iss$e the proper receipt to an! person
sendin" a #arria"e contract sole#ni(ed b!
hi#) incl$din" #arria"es of an e,ceptional
character. The o&cial) priest) or #inister
sole#ni(in" the #arria"e shall retain the
third cop! of the #arria"e contract) the
#arria"e license and the a&davit of the
interested part! re"ardin" the sole#ni(ation
of the #arria"e in a place other than those
#entioned in Article .2 if there be an! s$ch
a&davit) in the les that he #$st keep. (1/a)
Art. /8. +t shall be the d$t! of the local civil
re"istrar to prepare the doc$#ents re3$ired
b! this Title) and to ad#inister oaths to all
interested parties witho$t an! char"e in both
cases.
The doc$#ents and a&davits led in
connection with applications for #arria"e
licenses shall be e,e#pt fro# the
doc$#entar! sta#p ta,. (12a)
Art. 2:. The local civil re"istrar concerned
shall enter all applications for #arria"e
licenses led with hi# in a re"ister book
strictl! in the order in which the sa#e shall
be received. <e shall enter in said re"ister
the na#es of the applicants) the date on
which the #arria"e license was iss$ed) and
s$ch other data as #a! be necessar!. (16a)
Art. 21. All #arria"es perfor#ed o$tside the
Philippines in accordance with the laws in
force in the co$ntr! where the! were
perfor#ed) and valid there as s$ch) shall also
be valid in this co$ntr!) e,cept bi"a#o$s)
pol!"a#o$s) or incest$o$s #arria"es as
deter#ined b! Philippine law. (18a)

CHAPTER 2
MARRIA%ES OF E'CEPTIONAL
CHARACTER

Art. 22. +n case either of the contractin"
parties is on the point of death or the fe#ale
has her habit$al residence at a place #ore
than fteen kilo#eters distant fro# the
#$nicipal b$ildin" and there is no
co##$nication b! railroad or b! provincial or
local hi"hwa!s between the for#er and the
latter) the #arria"e #a! be sole#ni(ed
witho$t necessit! of a #arria"e license; b$t
in s$ch cases the o&cial) priest) or #inister
sole#ni(in" it shall state in an a&davit #ade
before the local civil re"istrar or an! person
a$thori(ed b! law to ad#inister oaths that
the #arria"e was perfor#ed in artic$lo
#ortis or at a place #ore than fteen
kilo#eters distant fro# the #$nicipal
b$ildin" concerned) in which latter case he
shall "ive the na#e of the barrio where the
#arria"e was sole#ni(ed. The person who
sole#ni(ed the #arria"e shall also state) in
either case) that he took the necessar! steps
to ascertain the a"es and relationship of the
contractin" parties and that there was in his
opinion no le"al i#pedi#ent to the #arria"e
at the ti#e that it was sole#ni(ed. (2:)
Art. 2*. The ori"inal of the a&davit re3$ired
in the last precedin" article) to"ether with a
cop! of the #arria"e contract) shall be sent
b! the person sole#ni(in" the #arria"e to
the local civil re"istrar of the #$nicipalit!
where it was perfor#ed within the period of
thirt! da!s) after the perfor#ance of the
#arria"e. The local civil re"istrar shall)
however) before lin" the papers) re3$ire the
pa!#ent into the #$nicipal treas$r! of the
le"al fees re3$ired in Article /.. (21)
Art. 2-. A #arria"e in artic$lo #ortis #a!
also be sole#ni(ed b! the captain of a ship
or chief of an airplane d$rin" a vo!a"e) or b!
the co##andin" o&cer of a #ilitar! $nit) in
the absence of a chaplain) d$rin" war. The
d$ties #entioned in the two precedin"
articles shall be co#plied with b! the ship
captain) airplane chief or co##andin"
o&cer. (n)
Art. 2.. @arria"es between Dilipino citi(ens
abroad #a! be sole#ni(ed b! cons$ls and
vice4cons$ls of the 0ep$blic of the
Philippines. The d$ties of the local civil
re"istrar and of a 1$d"e or 1$stice of the
peace or #a!or with re"ard to the
celebration of #arria"e shall be perfor#ed
b! s$ch cons$ls and vice4cons$ls. (n)
Art. 2/. 9o #arria"e license shall be
necessar! when a #an and a wo#an who
have attained the a"e of #a1orit! and who)
bein" $n#arried) have lived to"ether as
h$sband and wife for at least ve !ears)
desire to #arr! each other. The contractin"
parties shall state the fore"oin" facts in an
a&davit before an! person a$thori(ed b! law
to ad#inister oaths. The o&cial) priest or
#inister who sole#ni(ed the #arria"e shall
also state in an a&davit that he took steps to
ascertain the a"es and other 3$alications of
the contractin" parties and that he fo$nd no
le"al i#pedi#ent to the #arria"e. (n)
Art. 22. +n case two persons #arried in
accordance with law desire to ratif! their
$nion in confor#it! with the re"$lations)
rites) or practices of an! ch$rch) sect) or
reli"ion it shall no lon"er be necessar! to
co#pl! with the re3$ire#ents of Chapter 1 of
this Title and an! ratication #ade shall
#erel! be considered as a p$rel! reli"io$s
cere#on!. (2*)
Art. 26. @arria"es between @oha##edans
or pa"ans who live in the non4Christian
provinces #a! be perfor#ed in accordance
with their c$sto#s) rites or practices. 9o
#arria"e license or for#al re3$isites shall be
necessar!. 9or shall the persons sole#ni(in"
these #arria"es be obli"ed to co#pl! with
Article 82.
<owever) twent! !ears after approval of this
Code) all #arria"es perfor#ed between
@oha##edans or pa"ans shall be
sole#ni(ed in accordance with the provisions
of this Code. F$t the President of the
Philippines) $pon reco##endation of the
Cecretar! of the +nterior) #a! at an! ti#e
before the e,piration of said period) b!
procla#ation) #ake an! of said provisions
applicable to the @oha##edan and non4
Christian inhabitants of an! of the non4
Christian provinces. (2.a)
Art. 28. @i,ed #arria"es between a Christian
#ale and a @oha##edan or pa"an fe#ale
shall be "overned b! the "eneral provision of
this Title and not b! those of the last
precedin" article) b$t #i,ed #arria"es
between a @oha##edan or pa"an #ale and
a Christian fe#ale #a! be perfor#ed $nder
the provisions of the last precedin" article if
so desired b! the contractin" parties)
s$b1ect) however) in the latter case to the
provisions of the second para"raph of said
article. (2/)

CHAPTER 3
VOID AND VOIDABLE MARRIA%ES

Art. 6:. The followin" #arria"es shall be void
fro# the be"innin"?
(1) Those contracted $nder the a"es of
si,teen and fo$rteen !ears b! the #ale and
fe#ale respectivel!) even with the consent of
the parents;
(2) Those sole#ni(ed b! an! person not
le"all! a$thori(ed to perfor# #arria"es;
(*) Those sole#ni(ed witho$t a #arria"e
license) save #arria"es of e,ceptional
character;
(-) Fi"a#o$s or pol!"a#o$s #arria"es not
fallin" $nder Article 6*) 9$#ber 2;
(.) +ncest$o$s #arria"es #entioned in
Article 61;
(/) Those where one or both contractin"
parties have been fo$nd "$ilt! of the killin"
of the spo$se of either of the#;
(2) Those between stepbrothers and
stepsisters and other #arria"es specied in
Article 62. (n)
Art. 61. @arria"es between the followin" are
incest$o$s and void fro# their perfor#ance)
whether the relationship between the parties
be le"iti#ate or ille"iti#ate?
(1) Fetween ascendants and descendants of
an! de"ree;
(2) Fetween brothers and sisters) whether of
the f$ll or half blood;
(*) Fetween collateral relatives b! blood
within the fo$rth civil de"ree. (26a)
Art. 62. The followin" #arria"es shall also be
void fro# the be"innin"?
(1) Fetween stepfathers and stepda$"hters)
and step#others and stepsons;
(2) Fetween 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
latter;
(*) Fetween the le"iti#ate children of the
adopter and the adopted. (26a)
Art. 6*. An! #arria"e s$bse3$entl!
contracted b! an! person d$rin" the lifeti#e
of the rst spo$se of s$ch person with an!
person other than s$ch rst spo$se shall be
ille"al and void fro# its perfor#ance) $nless?
(1) The rst #arria"e was ann$lled or
dissolved; or
(2) The rst spo$se had been absent for
seven consec$tive !ears at the ti#e of the
second #arria"e witho$t the spo$se present
havin" news of the absentee bein" alive) or
if the absentee) tho$"h he has been absent
for less than seven !ears) is "enerall!
considered as dead and believed to be so b!
the spo$se present at the ti#e of contractin"
s$ch s$bse3$ent #arria"e) or if the absentee
is pres$#ed dead accordin" to Articles *8:
and *81. The #arria"e so contracted shall be
valid in an! of the three cases $ntil declared
n$ll and void b! a co#petent co$rt. (28a)
Art. 6-. 9o #arria"e license shall be iss$ed
to a widow till after three h$ndred da!s
followin" the death of her h$sband) $nless in
the #eanti#e she has "iven birth to a child.
(n)
Art. 6.. A #arria"e #a! be ann$lled for an!
of the followin" ca$ses) e,istin" at the ti#e
of the #arria"e?
(1) That the part! in whose behalf it is
so$"ht to have the #arria"e ann$lled was
between the a"es of si,teen and twent!
!ears) if #ale) or between the a"es of
fo$rteen and ei"hteen !ears) if fe#ale) and
the #arria"e was sole#ni(ed witho$t the
consent of the parent) "$ardian or person
havin" a$thorit! over the part!) $nless after
attainin" the a"es of twent! or ei"hteen
!ears) as the case #a! be) s$ch part! freel!
cohabited with the other and both lived
to"ether as h$sband and wife;
(2) +n a s$bse3$ent #arria"e $nder Article
6*) 9$#ber 2) that the for#er h$sband or
wife believed to be dead was in fact livin"
and the #arria"e with s$ch for#er h$sband
or wife was then in force;
(*) That either part! was of $nso$nd #ind)
$nless s$ch part!) after co#in" to reason)
freel! cohabited with the other as h$sband
or wife;
(-) That the consent of either part! was
obtained b! fra$d) $nless s$ch part!
afterwards) with f$ll knowled"e of the facts
constit$tin" the fra$d) freel! cohabited with
the other as her h$sband or his wife) as the
case #a! be;
(.) That the consent of either part! was
obtained b! force or inti#idation) $nless the
violence or threat havin" disappeared) s$ch
part! afterwards freel! cohabited with the
other as her h$sband or his wife) as the case
#a! be;
(/) That either part! was) at the ti#e of
#arria"e) ph!sicall! incapable of enterin"
into the #arried state) and s$ch incapacit!
contin$es) and appears to be inc$rable.
(*:a)
Art. 6/. An! of the followin" circ$#stances
shall constit$te fra$d referred to in 9$#ber -
of the precedin" article?
(1) @isrepresentation as to the identit! of
one of the contractin" parties;
(2) 9on4disclos$re of the previo$s conviction
of the other part! of a cri#e involvin" #oral
t$rpit$de) and the penalt! i#posed was
i#prison#ent for two !ears or #ore;
(*) Conceal#ent b! the wife of the fact that
at the ti#e of the #arria"e) she was
pre"nant b! a #an other than her h$sband.
9o other #isrepresentation or deceit as to
character) rank) fort$ne or chastit! shall
constit$te s$ch fra$d as will "ive "ro$nds for
action for the ann$l#ent of #arria"e. (n)
Art. 62. The action for ann$l#ent of #arria"e
#$st be co##enced b! the parties and
within the periods as follows?
(1) Dor ca$ses #entioned in 9$#ber 1 of
Article 6.) b! the part! whose parent or
"$ardian did not "ive his or her consent)
within fo$r !ears after attainin" the a"e of
twent! or ei"hteen !ears) as the case #a!
be; or b! the parent or "$ardian or person
havin" le"al char"e) at an! ti#e before s$ch
part! has arrived at the a"e of twent! or
ei"hteen !ears;
(2) Dor ca$ses #entioned in 9$#ber 2 of
Article 6.) b! the spo$se who has been
absent) d$rin" his or her lifeti#e; or b!
either spo$se of the s$bse3$ent #arria"e
d$rin" the lifeti#e of the other;
(*) Dor ca$ses #entioned in 9$#ber * of
Article 6.) b! the sane spo$se) who had no
knowled"e of the other>s insanit!; or b! an!
relative or "$ardian of the part! of $nso$nd
#ind) at an! ti#e before the death of either
part!;
(-) Dor ca$ses #entioned in 9$#ber -) b!
the in1$red part!) within fo$r !ears after the
discover! of the fra$d;
(.) Dor ca$ses #entioned in 9$#ber .) b!
the in1$red part!) within fo$r !ears fro# the
ti#e the force or inti#idation ceased;
(/) Dor ca$ses #entioned in 9$#ber /) b!
the in1$red part!) within ei"ht !ears after the
#arria"e. (*1a)
Art. 66. 9o 1$d"#ent ann$llin" a #arria"e
shall be pro#$l"ated $pon a stip$lation of
facts or b! confession of 1$d"#ent.
Art. 68. Children conceived or born of
#arria"es which are void fro# the be"innin"
shall have the sa#e stat$s) ri"hts and
obli"ations as acknowled"ed nat$ral
children) and are called nat$ral children b!
le"al ction.
Children conceived of voidable #arria"es
before the decree of ann$l#ent shall be
considered as le"iti#ate; and children
conceived thereafter shall have the sa#e
stat$s) ri"hts and obli"ations as
acknowled"ed nat$ral children) and are also
called nat$ral children b! le"al ction. (n)
Art. 8:. 5hen a #arria"e is ann$lled) the
co$rt shall award the c$stod! of the children
as it #a! dee# best) and #ake provision for
their ed$cation and s$pport. Attorne!>s fees
and e,penses inc$rred in the liti"ation shall
be char"ed to the con1$"al partnership
propert!) $nless the action fails. (**a)
Art. 81. Ha#a"es #a! be awarded in the
followin" cases when the #arria"e is
1$diciall! ann$lled or declared void fro# the
be"innin"?
(1) +f there has been fra$d) force or
inti#idation in obtainin" the consent of one
of the contractin" parties;
(2) +f either part! was) at the ti#e of the
#arria"e) ph!sicall! incapable of enterin"
into the #arried state) and the other part!
was $naware thereof;
(*) +f the person sole#ni(in" the #arria"e
was not le"all! a$thori(ed to perfor#
#arria"es) and that fact was known to one of
the contractin" parties) b$t he or she
concealed it fro# the other;
(-) +f a bi"a#o$s or pol!"a#o$s #arria"e
was celebrated) and the i#pedi#ent was
concealed fro# the plaintif b! the part!
dis3$alied;
(.) +f in an incest$o$s #arria"e) or a
#arria"e between a stepbrother and a
stepsister or other #arria"e prohibited b!
article 62) the relationship was known to onl!
one of the contractin" parties b$t was not
disclosed to the other;
(/) +f one part! was insane and the other was
aware thereof at the ti#e of the #arria"e.
(n)
C<APT=0 -
ABT<%0+TJ T% C%L=@9+G= @A00+A'=C

Art. 82. =ver! priest) or #inister) or rabbi
a$thori(ed b! his deno#ination) ch$rch)
sect) or reli"ion to sole#ni(e #arria"e shall
send to the proper "overn#ent o&ce a
sworn state#ent settin" forth his f$ll na#e
and do#icile) and that he is a$thori(ed b!
his deno#ination) ch$rch) sect) or reli"ion to
sole#ni(e #arria"e) attachin" to said
state#ent a certied cop! of his
appoint#ent. The director of the proper
"overn#ent o&ce) $pon receivin" s$ch
sworn state#ent containin" the infor#ation
re3$ired) and bein" satised that the
deno#ination) ch$rch) sect) or re"ion of the
applicant operates in the Philippines) shall
record the na#e of s$ch priest or #inister in
a s$itable re"ister and iss$e to hi# an
a$thori(ation to sole#ni(e #arria"e. Caid
priest or #inister or rabbi shall be obli"ed to
e,hibit his a$thori(ation to the contractin"
parties) to their parents) "randparents)
"$ardians) or persons in char"e de#andin"
the sa#e. 9o priest or #inister not havin"
the re3$ired a$thori(ation #a! sole#ni(e
#arria"e. (*-a)
Art. 8*. Dreedo# of reli"ion shall be observed
b! p$blic o&cials in the iss$ance of
a$thori(ation to sole#ni(e #arria"es.
Conse3$entl!) no p$blic o&cial shall atte#pt
to in3$ire into the tr$th or validit! of an!
reli"io$s doctrine held b! the applicant or b!
his ch$rch. (n)
Art. 8-. The p$blic o&cial in char"e of
re"istration 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 an! deno#ination) ch$rch) sect) or
reli"ion) on his own initiative or at the
re3$est of an! interested part!) $pon
showin" that the ch$rch) sect or reli"ion
whose #inisters have been a$thori(ed to
sole#ni(e #arria"e is no lon"er in operation.
The cancellation of the a$thori(ation "ranted
to a priest) pastor or #inister shall likewise
be ordered $pon the re3$est of the bishop)
head) or lawf$l a$thorities of the
deno#ination) ch$rch) sect or reli"ion to
which he belon"s. (*.a)
Art. 8.. The p$blic o&cial in char"e of
re"istration of priests and #inisters) with the
approval of the proper head of Hepart#ent)
is hereb! a$thori(ed to prepare the
necessar! for#s and to pro#$l"ate
re"$lations for the p$rpose of enforcin" the
provisions of this Title. Caid o&cial #a! also
b! re"$lations , and collect fees for the
a$thori(ation of priests and #inisters to
sole#ni(e #arria"es. (*/a)
Art. 8/. The e,istin" laws which p$nish acts
or o#issions concernin" the #arria"e
license) sole#ni(ation of #arria"e) a$thorit!
to sole#ni(e #arria"es) and other acts or
o#issions relative to the celebration of
#arria"e shall re#ain and contin$e to be in
force. (n)

Title +A. 4 L='AL C=PA0AT+%9

Art. 82. A petition for le"al separation #a!
be led?
(1) Dor ad$lter! on the part of the wife and
for conc$bina"e on the part of the h$sband
as dened in the Penal Code; or
(2) An atte#pt b! one spo$se a"ainst the life
of the other. (n)
Art. 86. +n ever! case the co$rt #$st take
steps) before "rantin" the le"al separation)
toward the reconciliation of the spo$ses) and
#$st be f$ll! satised that s$ch
reconciliation is hi"hl! i#probable. (n)
Art. 88. 9o person shall be entitled to a le"al
separation who has not resided in the
Philippines for one !ear prior to the lin" of
the petition) $nless the ca$se for the le"al
separation has taken place within the
territor! of this 0ep$blic. (Cec. 2a) Act 9o.
221:)
Art. 1::. The le"al separation #a! be
clai#ed onl! b! the innocent spo$se)
provided there has been no condonation of
or consent to the ad$lter! or conc$bina"e.
5here both spo$ses are ofenders) a le"al
separation cannot be clai#ed b! either of
the#. Coll$sion between the parties to
obtain le"al separation shall ca$se the
dis#issal of the petition. (*a) Act 9o. 221:)
Art. 1:1. 9o decree of le"al separation shall
be pro#$l"ated $pon a stip$lation of facts or
b! confession of 1$d"#ent.
+n case of non4appearance of the defendant)
the co$rt shall order the prosec$tin"
attorne! to in3$ire whether or not a coll$sion
between the parties e,ists. +f there is no
coll$sion) the prosec$tin" attorne! shall
intervene for the Ctate in order to take care
that the evidence for the plaintif is not
fabricated. (n)
Art. 1:2. An action for le"al separation
cannot be led e,cept within one !ear fro#
and after the date on which the plaintif
beca#e co"ni(ant of the ca$se and within
ve !ears fro# and after the date when s$ch
ca$se occ$rred. (-a) Act 221:)
Art. 1:*. An action for le"al separation shall
in no case be tried before si, #onths shall
have elapsed since the lin" of the petition.
(.a) Act 221:)
Art. 1:-. After the lin" of the petition for
le"al separation) the spo$ses shall be
entitled to live separatel! fro# each other
and #ana"e their respective propert!.
The h$sband shall contin$e to #ana"e the
con1$"al partnership propert! b$t if the co$rt
dee#s it proper) it #a! appoint another to
#ana"e said propert!) in which case the
ad#inistrator shall have the sa#e ri"hts and
d$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 221:)
Art. 1:.. H$rin" the pendenc! of le"al
separation proceedin"s the co$rt shall #ake
provision for the care of the #inor children in
accordance with the circ$#stances and #a!
order the con1$"al partnership propert! or
the inco#e therefro# to be set aside for
their s$pport; and in defa$lt thereof said
#inor children shall be cared for in
confor#it! with the provisions of this Code;
b$t the Co$rt shall abstain fro# #akin" an!
order in this respect in case the parents have
b! #$t$al a"ree#ent) #ade provision for the
care of said #inor children and these are) in
the 1$d"#ent of the co$rt) well cared for. (2a)
Act 221:)
Art. 1:/. The decree of le"al separation shall
have the followin" efects?
(1) The spo$ses shall be entitled to live
separatel! fro# each other) b$t #arria"e
bonds shall not be severed;
(2) The con1$"al partnership of "ains or the
absol$te con1$"al co##$nit! of propert!
shall be dissolved and li3$idated) b$t the
ofendin" spo$se shall have no ri"ht to an!
share of the prots earned b! the
partnership or co##$nit!) witho$t pre1$dice
to the provisions of Article 12/;
(*) The c$stod! of the #inor children shall be
awarded to the innocent spo$se) $nless
otherwise directed b! the co$rt in the
interest of said #inors) for who# said co$rt
#a! appoint a "$ardian;
(-) The ofendin" spo$se shall be dis3$alied
fro# inheritin" fro# the innocent spo$se b!
intestate s$ccession. @oreover) provisions in
favor of the ofendin" spo$se #ade in the
will of the innocent one shall be revoked b!
operation of law. (n)
Art. 1:2. The innocent spo$se) after a decree
of le"al separation has been "ranted) #a!
revoke the donations b! reason of #arria"e
#ade b! hi# or b! her to the ofendin"
spo$se. Alienation and #ort"a"es #ade
before the notation of the co#plaint for
revocation in the 0e"istr! of Propert! shall
be valid.
This action lapses after fo$r !ears followin"
the date the decree beca#e nal. (n)
Art. 1:6. 0econciliation stops the
proceedin"s for le"al separation and rescinds
the decree of le"al separation alread!
rendered.
The revival of the con1$"al partnership of
"ains or of the absol$te con1$"al co##$nit!
of propert! shall be "overned b! Article 18..
(1:a. Act 221:)

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

Art. 1:8. The h$sband and wife are obli"ed
to live to"ether) observe #$t$al respect and
delit!) and render #$t$al help and s$pport.
(./a)
Art. 11:. The h$sband shall , the residence
of the fa#il!. F$t the co$rt #a! e,e#pt the
wife fro# livin" with the h$sband if he sho$ld
live abroad $nless in the service of the
0ep$blic. (.6a)
Art. 111. The h$sband is responsible for the
s$pport of the wife and the rest of the fa#il!.
These e,penses shall be #et rst fro# the
con1$"al propert!) then fro# the h$sband>s
capital) and lastl! fro# the wife>s
paraphernal propert!. +n case there is a
separation of propert!) b! stip$lation in the
#arria"e settle#ents) the h$sband and wife
shall contrib$te proportionatel! to the fa#il!
e,penses. (n)
Art. 112. The h$sband is the ad#inistrator of
the con1$"al propert!) $nless there is a
stip$lation in the #arria"e settle#ents
conferrin" the ad#inistration $pon the wife.
Che #a! also ad#inister the con1$"al
partnership in other cases specied in this
Code. (n)
Art. 11*. The h$sband #$st be 1oined in all
s$its b! or a"ainst the wife) e,cept?
(1) 5hen the! are 1$diciall! separated;
(2) +f the! have in fact been separated for at
least one !ear;
(*) 5hen there is a separation of propert!
a"reed $pon in the #arria"e settle#ents;
(-) +f the ad#inistration of all the propert! in
the #arria"e has been transferred to her) in
accordance with Articles 18/ and 182;
(.) 5hen the liti"ation is between the
h$sband and wife;
(/) +f the s$it concerns her paraphernal
propert!;
(2) 5hen the action is $pon the civil liabilit!
arisin" fro# a cri#inal ofense;
(6) +f the liti"ation is incidental to the
profession) occ$pation or b$siness in which
she is en"a"ed;
(8) +n an! civil action referred to in Articles
2. to *.; and
(1:) +n an action $pon a 3$asi4delict.
+n the cases #entioned in 9os. 2 to 1:) the
h$sband #$st be 1oined as a part! defendant
if the third para"raph of Article 1/* is
applicable. (n)
Art. 11-. The wife cannot) witho$t the
h$sband>s consent ac3$ire an! propert! b!
"rat$ito$s title) e,cept fro# her ascendants)
descendants) parents4in4law) and collateral
relatives within the fo$rth de"ree. (n)
Art. 11.. The wife #ana"es the afairs of the
ho$sehold. Che #a! p$rchase thin"s
necessar! for the s$pport of the fa#il!) and
the con1$"al partnership shall be bo$nd
thereb!. Che #a! borrow #one! for this
p$rpose) if the h$sband fails to deliver the
proper s$#. The p$rchase of 1ewelr! and
precio$s ob1ects is voidable) $nless the
transaction has been e,pressl! or tacitl!
approved b! the h$sband) or $nless the price
paid is fro# her paraphernal propert!. (/2a)
Art. 11/. 5hen one of the spo$ses ne"lects
his or her d$ties to the con1$"al $nion or
brin"s dan"er) dishonor or #aterial in1$r!
$pon the other) the in1$red part! #a! appl!
to the co$rt for relief.
The co$rt #a! co$nsel the ofender to
co#pl! with his or her d$ties) and take s$ch
#eas$res as #a! be proper. (n)
Art. 112. The wife #a! e,ercise an!
profession or occ$pation or en"a"e in
b$siness. <owever) the h$sband #a! ob1ect)
provided?
(1) <is inco#e is s$&cient for the fa#il!)
accordin" to its social standin") and
(2) <is opposition is fo$nded on serio$s and
valid "ro$nds.
+n case of disa"ree#ent on this 3$estion) the
parents and "randparents as well as the
fa#il! co$ncil) if an!) shall be cons$lted. +f
no a"ree#ent is still arrived at) the co$rt will
decide whatever #a! be proper and in the
best interest of the fa#il!. (n)

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

Art. 116. The propert! relations between
h$sband and wife shall be "overned in the
followin" order?
(1) F! contract e,ec$ted before the
#arria"e;
(2) F! the provisions of this Code; and
(*) F! c$sto#. (1*1.a)
Art. 118. The f$t$re spo$ses #a! in the
#arria"e settle#ents a"ree $pon absol$te or
relative co##$nit! of propert!) or $pon
co#plete separation of propert!) or $pon an!
other re"i#e. +n the absence of #arria"e
settle#ents) or when the sa#e are void) the
s!ste# of relative co##$nit! or con1$"al
partnership of "ains as established in this
Code) shall "overn the propert! relations
between h$sband and wife. (n)
Art. 12:. A #inor who accordin" to law #a!
contract #arria"e) #a! also e,ec$te his or
her #arria"e settle#ents; b$t the! shall be
valid onl! if the persons desi"nated b! law to
"ive consent to the #arria"e of the #inor
take part in the ante4n$ptial a"ree#ent. +n
the absence of the parents or of a "$ardian)
the consent to the #arria"e settle#ents will
be "iven b! the fa#il! co$ncil. (1*16a)
Art. 121. +n order that an! #odication in the
#arria"e settle#ents #a! be valid) it #$st
be #ade before the celebration of the
#arria"e) s$b1ect to the provisions of Article
181. (1*18a)
Art. 122. The #arria"e settle#ents and an!
#odication thereof shall be "overned b! the
Ctat$te of Dra$ds) and e,ec$ted before the
celebration of the #arria"e. The! shall not
pre1$dice third persons $nless the! are
recorded in the 0e"istr! of Propert!. (1*21a)
Art. 12*. Dor the validit! of #arria"e
settle#ents e,ec$ted b! an! 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
desi"nated b! a co#petent co$rt) in
accordance with the provisions of the 0$les
of Co$rt. (1*2*a)
Art. 12-. +f the #arria"e is between a citi(en
of the Philippines and a forei"ner) whether
celebrated in the Philippines or abroad) the
followin" r$les shall prevail?
(1) +f the h$sband is a citi(en of the
Philippines while the wife is a forei"ner) the
provisions of this Code shall "overn their
relations;
(2) +f the h$sband is a forei"ner and the wife
is a citi(en of the Philippines) the laws of the
h$sband>s co$ntr! shall be followed) witho$t
pre1$dice to the provisions of this Code with
re"ard to i##ovable propert!. (1*2.a)
Art. 12.. =ver!thin" stip$lated in the
settle#ents or contracts referred to in the
precedin" articles in consideration of a f$t$re
#arria"e shall be rendered void and witho$t
efect whatever) if the #arria"e sho$ld not
take place. <owever) those stip$lations that
do not depend $pon the celebration of the
#arria"e shall be valid. (1*2/a)

CHAPTER 2
DONATIONS BY REASON OF MARRIA%E

Art. 12/. Honations b! reasons of #arria"e
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$ses.
(1*22)
Art. 122. These donations are "overned b!
the r$les on ordinar! donations established
in Title +++ of Fook +++) e,cept as to their for#
which shall be re"$lated b! the Ctat$te of
Dra$ds; and insofar as the! are not #odied
b! the followin" articles. (1*26a)
Art. 126. @inors #a! #ake and receive
donations in their ante4n$ptial contract)
provided the! are a$thori(ed b! the persons
who are to "ive their consent to the #arria"e
of said #inors. (1*28a)
Art. 128. =,press acceptance is not
necessar! for the validit! of these donations.
(1**:)
Art. 1*:. The f$t$re spo$ses #a! "ive each
other in their #arria"e settle#ents as #$ch
as one4fth of their present propert!) and
with respect to their f$t$re propert!) onl! in
the event of death) to the e,tent laid down
b! the provisions of this Code referrin" to
testa#entar! s$ccession. (1**1a)
Art. 1*1. The donor b! reason of #arria"e
shall release the propert! donated fro#
#ort"a"es and all other enc$#brances $pon
the sa#e) with the e,ception of ease#ents)
$nless in the #arria"e settle#ents or in the
contracts the contrar! has been stip$lated.
(1**2a)
Art. 1*2. A donation b! reason of #arria"e is
not revocable) save in the followin" cases?
(1) +f it is conditional and the condition is not
co#plied with;
(2) +f the #arria"e is not celebrated;
(*) 5hen the #arria"e takes place witho$t
the consent of the parents or "$ardian) as
re3$ired b! law;
(-) 5hen the #arria"e is ann$lled) and the
donee acted in bad faith;
(.) Bpon le"al separation) the donee bein"
the "$ilt! spo$se;
(/) 5hen the donee has co##itted an act of
in"ratit$de as specied b! the provisions of
this Code on donations in "eneral. (1***a)
Art. 1**. =ver! donation between the
spo$ses d$rin" the #arria"e shall be void.
This prohibition does not appl! when the
donation takes efect after the death of the
donor.
9either does this prohibition appl! to
#oderate "ifts which the spo$ses #a! "ive
each other on the occasion of an! fa#il!
re1oicin". (1**-a)
Art. 1*-. Honations d$rin" the #arria"e b!
one of the spo$ses to the children who# the
other spo$se had b! another #arria"e) or to
persons of who# the other spo$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 propert! bro$"ht b! the wife to
the #arria"e) as well as all propert! she
ac3$ires d$rin" the #arria"e) in accordance
with article 1-6) is paraphernal. (1*61a)
Art. 1*/. The wife retains the ownership of
the paraphernal propert!. (1*62)
Art. 1*2. The wife shall have the
ad#inistration of the paraphernal propert!)
$nless she delivers the sa#e to the h$sband
b! #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 0e"istr! of Propert!. As for
the #ovables) the h$sband shall "ive
ade3$ate sec$rit!. (1*6-a)
Art. 1*6. The fr$its of the paraphernal
propert! for# part of the assets of the
con1$"al partnership) and shall be s$b1ect to
the pa!#ent of the e,penses of the
#arria"e.
The propert! itself shall also be s$b1ect to
the dail! e,penses of the fa#il!) if the
propert! of the con1$"al partnership and the
h$sband>s capital are not s$&cient therefor.
(1*6.a)
Art. 1*8. The personal obli"ations of the
h$sband can not be enforced a"ainst the
fr$its of the paraphernal propert!) $nless it
be proved that the! redo$nded to the benet
of the fa#il!. (1*6/)
Art. 1-:. A #arried wo#an of a"e #a!
#ort"a"e) enc$#ber) alienate or otherwise
dispose of her paraphernal propert!) witho$t
the per#ission of the h$sband) and appear
alone in co$rt to liti"ate with re"ard to the
sa#e. (n)
Art. 1-1. The alienation of an! paraphernal
propert! ad#inistered b! the h$sband "ives
a ri"ht to the wife to re3$ire the constit$tion
of a #ort"a"e or an! other sec$rit! for the
a#o$nt of the price which the h$sband #a!
have received. (1*8:a)

CHAPTER (
CON&U%AL PARTNERSHIP OF %AINS
C=CT+%9 1. 4 'eneral Provisions

Art. 1-2. F! #eans of the con1$"al
partnership of "ains the h$sband and wife
place in a co##on f$nd the fr$its of their
separate propert! and the inco#e fro# their
work or ind$str!) and divide e3$all!) $pon
the dissol$tion of the #arria"e or of the
partnership) the net "ains or benets
obtained indiscri#inatel! b! either spo$se
d$rin" the #arria"e. (1*82a)
Art. 1-*. All propert! of the con1$"al
partnership of "ains is owned in co##on b!
the h$sband and wife. (n)
Art. 1--. 5hen a #an and a wo#an live
to"ether as h$sband and wife) b$t the! are
not #arried) or their #arria"e is void fro#
the be"innin") the propert! ac3$ired b!
either or both of the# thro$"h their work or
ind$str! or their wa"es and salaries shall be
"overned b! the r$les on co4ownership. (n)
Art. 1-.. The con1$"al partnership shall
co##ence precisel! on the date of the
celebration of the #arria"e. An! stip$lation
to the contrar! shall be void. (1*8*)
Art. 1-/. 5aiver of the "ains or of the efects
of this partnership d$rin" #arria"e cannot
be #ade e,cept in case of 1$dicial
separation.
5hen the waiver takes place b! reason of
separation) or after the #arria"e has been
dissolved or ann$lled) the sa#e shall appear
in a p$blic instr$#ent) and the creditors shall
have the ri"ht which Article 1:.2 "rants
the#. (1*8-a)
Art. 1-2. The con1$"al partnership shall be
"overned b! the r$les on the contract of
partnership in all that is not in conEict with
what is e,pressl! deter#ined in this Chapter.
(1*8.)

C=CT+%9 2. 4 =,cl$sive Propert! of =ach
Cpo$se

Art. 1-6. The followin" shall be the e,cl$sive
propert! of each spo$se?
(1) That which is bro$"ht to the #arria"e as
his or her own;
(2) That which each ac3$ires) d$rin" the
#arria"e) b! l$crative title;
(*) That which is ac3$ired b! ri"ht of
rede#ption or b! e,chan"e with other
propert! belon"in" to onl! one of the
spo$ses;
(-) That which is p$rchased with e,cl$sive
#one! of the wife or of the h$sband. (1*8/)
Art. 1-8. 5hoever "ives or pro#ises capital
to the h$sband shall not be s$b1ect to
warrant! a"ainst eviction) e,cept in case of
fra$d. (18*2)
Art. 1.:. Propert! donated or left b! will to
the spo$ses) 1ointl! and with desi"nation of
deter#inate shares) shall pertain to the wife
as paraphernal propert!) and to the h$sband
as capital) in the proportion specied b! the
donor or testator) and in the absence of
desi"nation) share and share alike) witho$t
pre1$dice to what is provided in Article 2.*.
(1*86a)
Art. 1.1. +f the donations are onero$s) the
a#o$nt of the char"es shall be ded$cted
fro# the paraphernal propert! or fro# the
h$sband>s capital) whenever the! have been
borne b! the con1$"al partnership. (1*88a)
Art. 1.2. +f so#e credit pa!able in a certain
n$#ber of !ears) or a life pension) sho$ld
pertain to one of the spo$ses) the provisions
of Articles 1./ and 1.2 shall be observed to
deter#ine what constit$tes the paraphernal
propert! and what for#s the capital of the
h$sband. (1-::a)

C=CT+%9 *. 4 Con1$"al Partnership Propert!

Art. 1.*. The followin" are con1$"al
partnership propert!?
(1) That which is ac3$ired b! onero$s title
d$rin" the #arria"e at the e,pense of the
co##on f$nd) whether the ac3$isition be for
the partnership) or for onl! one of the
spo$ses;
(2) That which is obtained b! the ind$str!) or
work) or as salar! of the spo$ses) or of either
of the#;
(*) The fr$its) rents or interests received or
d$e d$rin" the #arria"e) co#in" fro# the
co##on propert! or fro# the e,cl$sive
propert! of each spo$se. (1-:1)
Art. 1.-. That share of the hidden treas$re
which the law awards to the nder or the
proprietor belon"s to the con1$"al
partnership. (n)
Art. 1... Thin"s ac3$ired b! occ$pation)
s$ch as shin" and h$ntin") pertain to the
con1$"al partnership of "ains. (n)
Art. 1./. 5henever an a#o$nt or credit
pa!able in a certain n$#ber of !ears belon"s
to one of the spo$ses) the s$#s which #a!
be collected b! install#ents d$e d$rin" the
#arria"e shall not pertain to the con1$"al
partnership) b$t shall be considered capital
of the h$sband or of the wife) as the credit
#a! belon" to one or the other spo$se.
(1-:2)
Art. 1.2. The ri"ht to an ann$it!) whether
perpet$al or of life) and the ri"ht of $s$fr$ct)
belon"in" to one of the spo$ses shall for# a
part of his or her separate propert!) b$t the
fr$its) pensions and interests d$e d$rin" the
#arria"e shall belon" to the partnership.
The $s$fr$ct which the spo$ses have over
the propert! of their children) tho$"h of
another #arria"e) shall be incl$ded in this
provision. (1-:*a)
Art. 1.6. +#prove#ents) whether for $tilit! or
adorn#ent) #ade on the separate propert!
of the spo$ses thro$"h advance#ents fro#
the partnership or thro$"h the ind$str! of
either the h$sband or the wife) belon" to the
con1$"al partnership.
F$ildin"s constr$cted) at the e,pense of the
partnership) d$rin" the #arria"e on land
belon"in" 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$se who owns
the sa#e. (1-:-a)
Art. 1.8. 5henever the paraphernal propert!
or the h$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
#arria"e shall be dee#ed to be of the
con1$"al partnership. (1-:.a)
Art. 1/:. All propert! of the #arria"e is
pres$#ed to belon" to the con1$"al
partnership) $nless it be proved that it
pertains e,cl$sivel! to the h$sband or to the
wife. (1-:2)

C=CT+%9 -. 4 Char"es Bpon and %bli"ation
of the Con1$"al Partnership

Art. 1/1. The con1$"al partnership shall be
liable for?
(1) All debts and obli"ations contracted b!
the h$sband for the benet of the con1$"al
partnership) and those contracted b! the
wife) also for the sa#e p$rpose) in the cases
where she #a! le"all! bind the partnership;
(2) Arrears or inco#e d$e) d$rin" the
#arria"e) fro# obli"ations which constit$te a
char"e $pon propert! of either spo$se or of
the partnership;
(*) @inor repairs or for #ere preservation
#ade d$rin" the #arria"e $pon the separate
propert! of either the h$sband or the wife;
#a1or repairs shall not be char"ed to the
partnership;
(-) @a1or or #inor repairs $pon the con1$"al
partnership propert!;
(.) The #aintenance of the fa#il! and the
ed$cation of the children of both h$sband
and wife) and of le"iti#ate children of one of
the spo$ses;
(/) =,penses to per#it the spo$ses to
co#plete a professional) vocational or other
co$rse. (1-:6a)
Art. 1/2. The val$e of what is donated or
pro#ised to the co##on children b! the
h$sband) onl! for sec$rin" their f$t$re or the
nishin" of a career) or b! both spo$ses
thro$"h a co##on a"ree#ent) shall also be
char"ed to the con1$"al partnership) when
the! have not stip$lated that it is to be
satised fro# the propert! of one of the#) in
whole or in part. (1-:8)
Art. 1/*. The pa!#ent of debts contracted
b! the h$sband or the wife before the
#arria"e shall not be char"ed to the
con1$"al partnership.
9either shall the nes and pec$niar!
inde#nities i#posed $pon the# be char"ed
to the partnership.
<owever) the pa!#ent of debts contracted
b! the h$sband or the wife before the
#arria"e) and that of nes and inde#nities
i#posed $pon the#) #a! be enforced
a"ainst the partnership assets after the
responsibilities en$#erated in Article 1/1
have been covered) if the spo$se who is
bo$nd sho$ld have no e,cl$sive propert! or
if it sho$ld be ins$&cient; b$t at the ti#e of
the li3$idation of the partnership s$ch
spo$se shall be char"ed for what has been
paid for the p$rpose above4#entioned.
(1-1:)
Art. 1/-. 5hatever #a! be lost d$rin" the
#arria"e in an! kind of "a#blin") bettin" or
"a#e) whether per#itted or prohibited b!
law) shall be borne b! the loser) and shall not
be char"ed to the con1$"al partnership.
(1-11a)

C=CT+%9 .. 4 Ad#inistration of the Con1$"al
Partnership

Art. 1/.. The h$sband is the ad#inistrator of
the con1$"al partnership. (1-12a)
Art. 1//. Bnless the wife has been declared a
non co#pos #entis or a spendthrift) or is
$nder civil interdiction or is conned in a
leprosari$#) the h$sband cannot alienate or
enc$#ber an! real propert! of the con1$"al
partnership witho$t the wife>s consent. +f she
ref$ses $nreasonabl! to "ive her consent)
the co$rt #a! co#pel her to "rant the sa#e.
This article shall not appl! to propert!
ac3$ired b! the con1$"al partnership before
the efective date of this Code. (1-1*a)
Art. 1/2. +n case of ab$se of powers of
ad#inistration of the con1$"al partnership
propert! b! the h$sband) the co$rts) on
petition of the wife) #a! provide for
receivership) or ad#inistration b! the wife)
or separation of propert!. (n)
Art. 1/6. The wife #a!) b! e,press a$thorit!
of the h$sband e#bodied in a p$blic
instr$#ent) ad#inister the con1$"al
partnership propert!. (n)
Art. 1/8. The wife #a! also b! e,press
a$thorit! of the h$sband appearin" in a
p$blic instr$#ent) ad#inister the latter>s
estate. (n)
Art. 12:. The h$sband or the wife #a!
dispose b! will of his or her half of the
con1$"al partnership prots. (1-1-a)
Art. 121. The h$sband #a! dispose of the
con1$"al partnership propert! for the
p$rposes specied in Articles 1/1 and 1/2.
(1-1.a)
Art. 122. The wife cannot bind the con1$"al
partnership witho$t the h$sband>s consent
e,cept in cases provided b! law. (1-1/a)
Art. 12*. The wife #a!) d$rin" the #arria"e)
and within ten !ears fro# the transaction
3$estioned) ask the co$rts for the ann$l#ent
of an! contract of the h$sband entered into
witho$t her consent) when s$ch consent is
re3$ired) or an! act or contract of the
h$sband which tends to defra$d her or
i#pair her interest in the con1$"al
partnership propert!. Cho$ld the wife fail to
e,ercise this ri"ht) she or her heirs) after the
dissol$tion of the #arria"e) #a! de#and the
val$e of propert! fra$d$lentl! alienated b!
the h$sband. (n)
Art. 12-. 5ith the e,ception of #oderate
donations for charit!) neither h$sband nor
wife can donate an! propert! of the con1$"al
partnership witho$t the consent of the other.
(n)

C=CT+%9 /. 4 Hissol$tion of the Con1$"al
Partnership

Art. 12.. The con1$"al partnership of "ains
ter#inates?
(1) Bpon the death of either spo$se;
(2) 5hen there is a decree of le"al
separation;
(*) 5hen the #arria"e is ann$lled;
(-) +n case of 1$dicial separation of propert!
$nder Article 181. (1-12a)
Art. 12/. +n case of le"al separation) the
"$ilt! spo$se shall forfeit his or her share of
the con1$"al partnership prots) which shall
be awarded to the children of both) and the
children of the "$ilt! spo$se had b! a prior
#arria"e. <owever) if the con1$"al
partnership propert! ca#e #ostl! or entirel!
fro# the work or ind$str!) or fro# the wa"es
and salaries) or fro# the fr$its of the
separate propert! of the "$ilt! spo$se) this
forfeit$re shall not appl!.
+n case there are no children) the innocent
spo$se shall be entitled to all the net prots.
(n)
Art. 122. +n case of ann$l#ent of the
#arria"e) the spo$se who acted in bad faith
or "ave ca$se for ann$l#ent shall forfeit his
or her share of the con1$"al partnership
prots. The provision of the precedin" article
shall "overn. (n)
Art. 126. The separation in fact between
h$sband and wife witho$t 1$dicial approval)
shall not afect the con1$"al partnership)
e,cept that?
(1) The spo$se who leaves the con1$"al
ho#e or ref$ses to live therein) witho$t 1$st
ca$se) shall not have a ri"ht to be s$pported;
(2) 5hen the consent of one spo$se to an!
transaction of the other is re3$ired b! law)
1$dicial a$thori(ation shall be necessar!;
(*) +f the h$sband has abandoned the wife
witho$t 1$st ca$se for at least one !ear) she
#a! petition the co$rt for a receivership) or
ad#inistration b! her of the con1$"al
partnership propert!) or separation of
propert!. (n)
C=CT+%9 2. 4 Li3$idation of the Con1$"al
Partnership

Art. 128. Bpon the dissol$tion of the con1$"al
partnership) an inventor! shall be for#ed)
b$t s$ch inventor! shall not be necessar!?
(1) +f) after the dissol$tion of the partnership)
one of the spo$ses sho$ld have reno$nced
its efects and conse3$ences in d$e ti#e; or
(2) 5hen separation of propert! has
preceded the dissol$tion of the partnership.
(1-16a)
Art. 16:. The bed and beddin" which the
spo$ses ordinaril! $se shall not be incl$ded
in the inventor!. These efects) as well as the
clothin" for their ordinar! $se) shall be
delivered to the s$rvivin" spo$se. (1-2:)
Art. 161. The inventor! havin" been
co#pleted) the paraphernal propert! shall
rst be paid. Then) the debts and char"es
a"ainst the con1$"al partnership shall be
paid. (1-22a)
Art. 162. The debts) char"es and obli"ations
of the con1$"al partnership havin" been
paid; the capital of the h$sband shall be
li3$idated and paid to the a#o$nt of the
propert! inventoried. (1-2*a)
Art. 16*. The ded$ctions fro# the
inventoried propert! havin" been #ade as
provided in the two precedin" articles) the
re#ainder of said propert! shall constit$te
the credit of the con1$"al partnership. (1-2-)
Art. 16-. The loss or deterioration of the
#ovables belon"in" to either spo$se)
altho$"h thro$"h fort$ito$s event) shall be
paid fro# the con1$"al partnership of "ains)
sho$ld there be an!.
Those s$fered b! real propert! shall not be
rei#b$rsable in an! case) e,cept those on
paraphernal propert! ad#inistered b! the
h$sband) when the losses were d$e to his
fa$lt. <e shall pa! for the sa#e. (1-2.a)
Art. 16.. The net re#ainder of the con1$"al
partnership of "ains shall be divided e3$all!
between the h$sband and the wife or their
respective heirs) $nless a diferent basis of
division was a"reed $pon in the #arria"e
settle#ents. (1-2/a)
Art. 16/. The #o$rnin" apparel of the widow
shall be paid for o$t of the estate of the
deceased h$sband. (1-22a)
Art. 162. 5ith re"ard to the for#ation of the
inventor!) r$les for appraisal and sale of
propert! of the con1$"al partnership) and
other #atters which are not e,pressl!
deter#ined in the present Chapter) the 0$les
of Co$rt on the ad#inistration of estates of
deceased persons shall be observed. (1-26a)
Art. 166. Dro# the co##on #ass of propert!
s$pport shall be "iven to the s$rvivin"
spo$se and to the children d$rin" the
li3$idation of the inventoried propert! and
$ntil what belon"s to the# is delivered; b$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-*:)
Art. 168. 5henever the li3$idation of the
partnership of two or #ore #arria"es
contracted b! the sa#e person sho$ld be
carried o$t at the sa#e ti#e) in order to
deter#ine the capital of each partnership all
kinds of proof in the absence of inventories
shall be ad#itted; and in case of do$bt) the
partnership propert! shall be divided
between the diferent partnerships in
proportion to the d$ration of each and to the
propert! belon"in" to the respective
spo$ses. (1-*1)

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

Art. 18:. +n the absence of an e,press
declaration in the #arria"e settle#ents) the
separation of propert! between spo$ses
d$rin" the #arria"e shall not take place save
in virt$e of a 1$dicial order. (1-*2a)
Art. 181. The h$sband or the wife #a! ask
for the separation of propert!) and it shall be
decreed when the spo$se of the petitioner
has been sentenced to a penalt! which
carries with it civil interdiction) or has been
declared absent) or when le"al separation
has been "ranted.
+n case of ab$se of powers of ad#inistration
of the con1$"al partnership propert! b! the
h$sband) or in case of abandon#ent b! the
h$sband) separation of propert! #a! also be
ordered b! the co$rt) accordin" to the
provisions of Articles 1/2 and 126) 9o. *.
+n all these cases) it is s$&cient to present
the nal 1$d"#ent which has been entered
a"ainst the "$ilt! or absent spo$se. (1-**a)
The h$sband and the wife #a! a"ree $pon
the dissol$tion of the con1$"al partnership
d$rin" the #arria"e) s$b1ect to 1$dicial
approval. All the creditors of the h$sband
and of the wife) as well as of the con1$"al
partnership shall be notied of an! petition
for 1$dicial approval or the vol$ntar!
dissol$tion of the con1$"al partnership) so
that an! s$ch creditors #a! appear at the
hearin" to safe"$ard his interests. Bpon
approval of the petition for dissol$tion of the
con1$"al partnership) the co$rt shall take
s$ch #eas$res as #a! protect the creditors
and other third persons.
After dissol$tion of the con1$"al partnership)
the provisions of Articles 21- and 21. shall
appl!. The provisions of this Code concernin"
the efect of partition stated in Articles -86
to .:1 shall be applicable. (1-**a)
Art. 182. %nce the separation of propert! has
been ordered) the con1$"al partnership shall
be dissolved) and its li3$idation shall be
#ade in confor#it! with what has been
established b! this Code.
<owever) witho$t pre1$dice to the provisions
of Article 282) the h$sband and the wife shall
be reciprocall! liable for their s$pport d$rin"
the separation) and for the s$pport and
ed$cation of their children; all in proportion
to their respective propert!.
The share of the spo$se who is $nder civil
interdiction or absent shall be ad#inistered
in accordance with the 0$les of Co$rt.
(1-*-a)
Art. 18*. The co#plaint for separation and
the nal 1$d"#ent declarin" the sa#e) shall
be noted and recorded in the proper
re"isters of propert!) if the 1$d"#ent sho$ld
refer to i##ovable propert!. (1-*2)
Art. 18-. The separation of propert! shall not
pre1$dice the ri"hts previo$sl! ac3$ired b!
creditors. (1-*6)
Art. 18.. The separation of propert! ceases?
(1) Bpon reconciliation of the spo$ses) in
case of le"al separation;
(2) 5hen the civil interdiction ter#inates;
(*) 5hen the absent spo$se appears;
(-) 5hen the co$rt) at the instance of the
wife) a$thori(es the h$sband to res$#e the
ad#inistration of the con1$"al partnership)
the co$rt bein" satised that the h$sband
will not a"ain ab$se his powers as an
ad#inistrator;
(.) 5hen the h$sband) who has abandoned
the wife) re1oins her.
+n the above cases) the propert! relations
between the spo$ses shall be "overned b!
the sa#e r$les as before the separation)
witho$t pre1$dice to the acts and contracts
le"all! e,ec$ted d$rin" the separation.
The spo$ses shall state) in a p$blic
doc$#ent) all the propert! which the! ret$rn
to the #arria"e and which shall constit$te
the separate propert! of each.
This p$blic doc$#ent shall be recorded in the
0e"istr! of Propert!.
+n the cases referred to in this article) all the
propert! bro$"ht in shall be dee#ed to be
newl! contrib$ted) even tho$"h all or so#e
#a! be the sa#e which e,isted before the
li3$idation efected b! reason of the
separation. (1-*8a)
Art. 18/. 5ith the con1$"al partnership
s$bsistin") the ad#inistration of all classes of
propert! in the #arria"e #a! be transferred
b! the co$rts to the wife?
(1) 5hen she beco#es the "$ardian of her
h$sband;
(2) 5hen she asks for the declaration of his
absence;
(*) +n case of civil interdiction of the
h$sband.
The co$rts #a! also confer the
ad#inistration to the wife) with s$ch
li#itation as the! #a! dee# advisable) if the
h$sband sho$ld beco#e a f$"itive fro#
1$stice or be in hidin" as a defendant in a
cri#inal case) or if) bein" absol$tel! $nable
to ad#inister) he sho$ld have failed to
provide for ad#inistration. (1--1a)
Art. 182. The wife to who# the
ad#inistration of all the propert! of the
#arria"e is transferred shall have) with
respect to said propert!) the sa#e powers
and responsibilit! which the h$sband has
when he is the ad#inistrator) b$t alwa!s
s$b1ect to the provisions of the last
para"raph of the precedin" article. (1--2a)

CHAPTER 6
SYSTEM OF ABSOLUTE COMMUNITY (n)

Art. 186. +n case the f$t$re spo$ses a"ree in
the #arria"e settle#ents that the s!ste# of
absol$te co##$nit! shall "overn their
propert! relations d$rin" #arria"e) the
followin" provisions shall be of
s$pple#entar! application.
Art. 188. +n the absence of stip$lation to the
contrar!) the co##$nit! shall consist of all
present and f$t$re propert! of the spo$ses
not e,cepted b! law.
Art. 2::. 9either spo$se #a! reno$nce an!
inheritance witho$t the consent of the other.
+n case of conEict) the co$rt shall decide the
3$estion) after cons$ltin" the fa#il! co$ncil)
if there is an!.
Art. 2:1. The followin" shall be e,cl$ded
fro# the co##$nit!?
(1) Propert! ac3$ired b! "rat$ito$s title b!
either spo$se) when it is provided b! the
donor or testator that it shall not beco#e a
part of the co##$nit!;
(2) Propert! inherited b! either h$sband or
wife thro$"h the death of a child b! a for#er
#arria"e) there bein" brothers or sisters of
the f$ll blood of the deceased child;
(*) A portion of the propert! of either spo$se
e3$ivalent to the pres$#ptive le"iti#e of the
children b! a for#er #arria"e;
(-) Personal belon"in"s of either spo$se.
<owever) all the fr$its and inco#e of the
fore"oin" classes of propert! shall be
incl$ded in the co##$nit!.
Art. 2:2. Ante4n$ptial debts of either spo$se
shall not be paid fro# the co##$nit!) $nless
the sa#e have redo$nded to the benet of
the fa#il!.
Art. 2:*. Hebts contracted b! both spo$ses
or b! one of the# with the consent of the
other shall be paid fro# the co##$nit!. +f
the co##on propert! is ins$&cient to cover
co##on debts) the sa#e #a! be enforced
a"ainst the separate propert! of the
spo$ses) who shall be e3$all! liable.
Art. 2:-. Hebts contracted b! either spo$se
witho$t the consent of the other shall be
char"eable a"ainst the co##$nit! to the
e,tent that the fa#il! #a! have been
beneted thereb!.
Art. 2:.. +nde#nities that #$st be paid b!
either spo$se on acco$nt of a cri#e or of a
3$asi4delict shall be paid fro# the co##on
assets) witho$t an! obli"ation to #ake
rei#b$rse#ent.
Art. 2:/. The ownership) ad#inistration)
possession and en1o!#ent of the co##on
propert! belon" to both spo$ses 1ointl!. +n
case of disa"ree#ent) the co$rts shall settle
the di&c$lt!.
Art. 2:2. 9either spo$se #a! alienate or
enc$#ber an! co##on propert! witho$t the
consent of the other. +n case of $n1$stiable
ref$sal b! the other spo$se) the co$rts #a!
"rant the necessar! consent.
Art. 2:6. The absol$te co##$nit! of
propert! shall be dissolved on an! of the
"ro$nds specied in Article 12..
Art. 2:8. 5hen there is a separation in fact
between h$sband and wife) witho$t 1$dicial
approval) the provisions of Article 126 shall
appl!.
Art. 21:. Bpon the dissol$tion and li3$idation
of the co##$nit!) the net assets shall be
divided e3$all! between the h$sband and
the wife or their heirs. +n case of le"al
separation or ann$l#ent of #arria"e) the
provisions of Articles 12/ and 122 shall appl!
to the net prots ac3$ired d$rin" the
#arria"e.
Art. 211. Li3$idation of the absol$te
co##$nit! shall be "overned b! the 0$les of
Co$rt on the ad#inistration of the estate of
deceased persons.

CHAPTER *
SYSTEM OF COMPLETE SEPARATION OF
PROPERTY (n)

Art. 212. Cho$ld the f$t$re spo$ses a"ree in
the #arria"e settle#ents that their propert!
relations d$rin" #arria"e shall be based
$pon the s!ste# of co#plete separation of
propert!) the followin" provisions shall
s$pple#ent the #arria"e settle#ents.
Art. 21*. Ceparation of propert! #a! refer to
present or f$t$re propert! or both. +t #a! be
total or partial. +n the latter case) the
propert! not a"reed $pon as separate shall
pertain to the con1$"al partnership of "ains.
Art. 21-. =ach spo$se shall own) dispose of)
possess) ad#inister and en1o! his or her own
separate estate) witho$t the consent of the
other. All earnin"s fro# an! profession)
b$siness or ind$str! shall likewise belon" to
each spo$se.
Art. 21.. =ach spo$se shall proportionatel!
bear the fa#il! e,penses.

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

Art. 21/. The fa#il! is a basic social
instit$tion which p$blic polic! cherishes and
protects.
Art. 212. Da#il! relations shall incl$de those?
(1) Fetween h$sband and wife;
(2) Fetween parent and child;
(*) A#on" other ascendants and their
descendants;
(-) A#on" brothers and sisters.
Art. 216. The law "overns fa#il! relations.
9o c$sto#) practice or a"ree#ent which is
destr$ctive of the fa#il! shall be reco"ni(ed
or "iven an! efect.
Art. 218. @$t$al aid) both #oral and
#aterial) shall be rendered a#on" #e#bers
of the sa#e fa#il!. 7$dicial and
ad#inistrative o&cials shall foster this
#$t$al assistance.
Art. 22:. +n case of do$bt) all pres$#ptions
favor the solidarit! of the fa#il!. Th$s) ever!
intend#ent of law or facts leans toward the
validit! of #arria"e) the indissol$bilit! of the
#arria"e bonds) the le"iti#ac! of children)
the co##$nit! of propert! d$rin" #arria"e)
the a$thorit! of parents over their children)
and the validit! of defense for an! #e#ber
of the fa#il! in case of $nlawf$l a""ression.
Art. 221. The followin" shall be void and of
no efect?
(1) An! contract for personal separation
between h$sband and wife;
(2) =ver! e,tra41$dicial a"ree#ent) d$rin"
#arria"e) for the dissol$tion of the con1$"al
partnership of "ains or of the absol$te
co##$nit! of propert! between h$sband
and wife;
(*) =ver! coll$sion to obtain a decree of le"al
separation) or of ann$l#ent of #arria"e;
(-) An! si#$lated alienation of propert! with
intent to deprive the co#p$lsor! heirs of
their le"iti#e.
Art. 222. 9o s$it shall be led or #aintained
between #e#bers of the sa#e fa#il! $nless
it sho$ld appear that earnest eforts toward a
co#pro#ise have been #ade) b$t that the
sa#e have failed) s$b1ect to the li#itations
in Article 2:*..

CHAPTER 2
THE FAMILY HOME (n)

C=CT+%9 1. 4 'eneral Provisions

Art. 22*. The fa#il! ho#e is the dwellin"
ho$se where a person and his fa#il! reside)
and the land on which it is sit$ated. +f
constit$ted as herein provided) the fa#il!
ho#e shall be e,e#pt fro# e,ec$tion) forced
sale or attach#ent) e,cept as provided in
Articles 2*2 and 2-*.
Art. 22-. The fa#il! ho#e #a! be
established 1$diciall! or e,tra1$diciall!.

C=CT+%9 2. 4 7$dicial Constit$tion of the
Da#il! <o#e

Art. 22.. The fa#il! ho#e #a! be
constit$ted b! a veried petition to the Co$rt
of Dirst +nstance b! the owner of the
propert!) and b! approval thereof b! the
co$rt.
Art. 22/. The followin" shall be beneciaries
of the fa#il! ho#e?
(1) The person establishin" the sa#e;
(2) <is or her spo$se;
(*) <is or her parents) ascendants)
descendants) brothers and sisters) whether
the relationship be le"iti#ate or otherwise)
who are livin" in the fa#il! ho#e and who
depend $pon hi# for s$pport.
Art. 222. The fa#il! ho#e #a! also be set
$p b! an $n#arried person who is the head
of a fa#il! or ho$sehold.
Art. 226. +f the petitioner is #arried) the
fa#il! ho#e #a! be selected fro# the
con1$"al partnership or co##$nit! propert!)
or fro# the separate propert! of the
h$sband) or) with the consent of the wife)
fro# her paraphernal propert!.
Art. 228. The petition shall contain the
followin" partic$lars?
(1) Hescription of the propert!;
(2) An esti#ate of its act$al val$e;
(*) A state#ent that the petitioner is act$all!
residin" in the pre#ises;
(-) The enc$#brances thereon;
(.) The na#es and addresses of all the
creditors of the petitioner and of all
#ort"a"ees and other persons who have an
interest in the propert!;
(/) The na#es of the other beneciaries
specied in Article 22/.
Art. 2*:. Creditors) #ort"a"ees and all other
persons who have an interest in the estate
shall be notied of the petition) and "iven an
opport$nit! to present their ob1ections
thereto. The petition shall) #oreover) be
p$blished once a week for three consec$tive
weeks in a newspaper of "eneral circ$lation.
Art. 2*1. +f the co$rt nds that the act$al
val$e of the proposed fa#il! ho#e does not
e,ceed twent! tho$sand pesos) or thirt!
tho$sand pesos in chartered cities) and that
no third person is pre1$diced) the petition
shall be approved. Cho$ld an! creditor whose
clai# is $nsec$red) oppose the
establish#ent of the fa#il! ho#e) the co$rt
shall "rant the petition if the debtor "ives
s$&cient sec$rit! for the debt.
Art. 2*2. The fa#il! ho#e) after its creation
b! virt$e of 1$dicial approval) shall be
e,e#pt fro# e,ec$tion) forced sale) or
attach#ent) e,cept?
(1) Dor nonpa!#ent of ta,es; or
(2) +n satisfaction of a 1$d"#ent on a debt
sec$red b! a #ort"a"e constit$ted on the
i##ovable before or after the establish#ent
of the fa#il! ho#e.
+n case of insolvenc! of the person
constit$tin" the fa#il! ho#e) the propert!
shall not be considered one of the assets to
be taken possession of b! the assi"nee for
the benet of creditors.
Art. 2**. The order of the co$rt approvin"
the establish#ent of the fa#il! ho#e shall
be recorded in the 0e"istr! of Propert!.
Art. 2*-. 5hen there is dan"er that a person
obli"ed to "ive s$pport #a! lose his or her
fort$ne beca$se of "rave #is#ana"e#ent or
on acco$nt of rioto$s livin") his or her
spo$se) if an!) and a #a1orit! of those
entitled to be s$pported b! hi# or b! her
#a! petition the Co$rt of Dirst +nstance for
the creation of the fa#il! ho#e.
Art. 2*.. The fa#il! ho#e #a! be sold)
alienated or enc$#bered b! 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. <owever) the fa#il! ho#e shall
$nder no circ$#stances be donated as lon"
as there are beneciaries. +n case of sale) the
price or s$ch portion thereof as #a! be
deter#ined b! the co$rt shall be $sed in
ac3$irin" propert! which shall be for#ed into
a new fa#il! ho#e. An! s$# of #one!
obtained thro$"h an enc$#brance on the
fa#il! ho#e shall be $sed in the interest of
the beneciaries. The co$rt shall take
#eas$res to i#ple#ent the last two
provisions.
Art. 2*/. The fa#il! ho#e #a! be dissolved
$pon the petition of the person who has
constit$ted the sa#e) with the written
consent of his or her spo$se and of at least
one half of all the other beneciaries who are
ei"hteen !ears of a"e or over. The co$rt #a!
"rant the petition if it is satisfactoril! shown
that the best interest of the fa#il! re3$ires
the dissol$tion of the fa#il! ho#e.
Art. 2*2. +n case of le"al separation or
ann$l#ent of #arria"e) the fa#il! ho#e
shall be dissolved) and the propert! shall
cease to be e,e#pt fro# e,ec$tion) forced
sale or attach#ent.
Art. 2*6. Bpon the death of the person who
has set $p the fa#il! ho#e) the sa#e shall
contin$e) $nless he desired otherwise in his
will. The heirs cannot ask for its partition
d$rin" the rst ten !ears followin" the death
of the person constit$tin" the sa#e) $nless
the co$rt nds powerf$l reasons therefor.
Art. 2*8. The fa#il! ho#e shall not be
s$b1ect to pa!#ent of the debts of the
deceased) $nless in his will the contrar! is
stated. <owever) the clai#s #entioned in
Article 2*2 shall not be adversel! afected b!
the death of the person who has established
the fa#il! ho#e.

C=CT+%9 *. 4 =,tra41$dicial Creation of the
Da#il! <o#e

Art. 2-:. The fa#il! ho#e #a! be
e,tra1$diciall! constit$ted b! recordin" in the
0e"istr! of Propert! a p$blic instr$#ent
wherein a person declares that he thereb!
establishes a fa#il! 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#il! ho#e shall be $nder oath and shall
contain?
(1) A state#ent that the clai#ant is the
owner of) and is act$all! residin" in the
pre#ises;
(2) A description of the propert!;
(*) An esti#ate of its act$al val$e; and
(-) The na#es of the clai#ant>s spo$se and
the other beneciaries #entioned in Article
22/.
Art. 2-2. The recordin" in the 0e"istr! of
Propert! of the declaration referred to in the
two precedin" articles is the operative act
which creates the fa#il! ho#e.
Art. 2-*. The fa#il! ho#e e,tra1$diciall!
for#ed shall be e,e#pt fro# e,ec$tion)
forced sale or attach#ent) e,cept?
(1) Dor nonpa!#ent of ta,es;
(2) Dor debts inc$rred before the declaration
was recorded in the 0e"istr! of Propert!;
(*) Dor debts sec$red b! #ort"a"es on the
pre#ises before or after s$ch record of the
declaration;
(-) Dor debts d$e to laborers) #echanics)
architects) b$ilders) #aterial4#en and others
who have rendered service or f$rnished
#aterial for the prosec$tion of the b$ildin".
Art. 2--. The provisions of Articles 22/ to
226 and 2*. to 2*6 are likewise applicable to
fa#il! ho#es e,tra1$diciall! established.
Art. 2-.. Bpon the death of the person who
has e,tra1$diciall! constit$ted the fa#il!
ho#e) the propert! shall not be liable for his
debts other than those #entioned in Article
2-*. <owever) he #a! provide in his will that
the fa#il! ho#e shall be s$b1ect to pa!#ent
of debts not specied in Article 2-*.
Art. 2-/. 9o declaration for the e,tra1$dicial
establish#ent of the fa#il! ho#e shall be
recorded in the 0e"istr! of Propert! 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. 2-2. 5hen a creditor whose clai# is not
#entioned in Article 2-* obtains a 1$d"#ent
in his favor) and he has reasonable "ro$nds
to believe that the fa#il! ho#e of the
1$d"#ent debtor is worth #ore than the
a#o$nt #entioned in Article 2*1) he #a!
appl! to the Co$rt of Dirst +nstance for an
order directin" the sale of the propert! $nder
e,ec$tion.
Art. 2-6. The hearin" on the petition)
appraisal of the val$e of the fa#il! ho#e)
the sale $nder e,ec$tion and other #atters
relative to the proceedin"s shall be "overned
b! s$ch provisions in the 0$les of Co$rt as
the C$pre#e Co$rt shall pro#$l"ate on the
s$b1ect) provided the! are not inconsistent
with this Code.
Art. 2-8. 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
specied in Article 2*1. The proceeds of the
sale shall be applied in the followin" order?
(1) To the a#o$nt #entioned in Article 2*1;
(2) To the 1$d"#ent and the costs.
The e,cess) if an!) belon"s to the person
constit$tin" the fa#il! ho#e.
Art. 2.:. The a#o$nt #entioned in Article
2*1 th$s received b! the person who has
established the fa#il! ho#e) or as #$ch
thereof as the co$rt #a! deter#ine) shall be
invested in constit$tion of a new fa#il!
ho#e. The co$rt shall take #eas$res to
enforce this provision.
Art. 2.1. +n case of insolvenc! of the person
creatin" the fa#il! ho#e) the clai#s
specied in Article 2-* #a! be satised
notwithstandin" the insolvenc! proceedin"s.
+f the assi"nee has reasonable "ro$nds to
believe that the act$al val$e of the fa#il!
ho#e e,ceeds the a#o$nt ,ed in Article
2*1) he #a! take action $nder the provisions
of Articles 2-2) 2-6 and 2-8.

C<APT=0 *
T<= DA@+LJ C%B9C+L (n)

Art. 2.2. The Co$rt of Dirst +nstance #a!)
$pon application of an! #e#ber of the
fa#il!) a relative) or a friend) appoint a
fa#il! co$ncil) whose d$t! it shall be to
advise the co$rt) the spo$ses) the parents)
"$ardians and the fa#il! on i#portant fa#il!
3$estions.
Art. 2.*. The fa#il! co$ncil shall be
co#posed of ve #e#bers) who shall be
relatives of the parties concerned. F$t the
co$rt #a! appoint one or two friends of the
fa#il!.
Art. 2.-. The fa#il! co$ncil shall elect its
chair#an) and shall #eet at the call of the
latter or $pon order of the co$rt.

Title A+++. 4 PAT=09+TJ A9H D+L+AT+%9

C<APT=0 1
L='+T+@AT= C<+LH0=9

Art. 2... Children born after one h$ndred
and ei"ht! da!s followin" the celebration of
the #arria"e) and before three h$ndred da!s
followin" its dissol$tion or the separation of
the spo$ses shall be pres$#ed to be
le"iti#ate.
A"ainst this pres$#ption no evidence shall
be ad#itted other than that of the ph!sical
i#possibilit! of the h$sband>s havin" access
to his wife within the rst one h$ndred and
twent! da!s of three h$ndred which
preceded the birth of the child.
This ph!sical i#possibilit! #a! be ca$sed?
(1) F! the i#potence of the h$sband;
(2) F! the fact that the h$sband and wife
were livin" separatel!) in s$ch a wa! that
access was not possible;
(*) F! the serio$s illness of the h$sband.
(1:6a)
Art. 2./. The child shall be pres$#ed
le"iti#ate) altho$"h the #other #a! have
declared a"ainst its le"iti#ac! or #a! have
been sentenced as an ad$lteress. (1:8)
Art. 2.2. Cho$ld the wife co##it ad$lter! at
or abo$t the ti#e of the conception of the
child) b$t there was no ph!sical i#possibilit!
of access between her and her h$sband as
set forth in Article 2..) the child is pri#a
facie pres$#ed to be ille"iti#ate if it appears
hi"hl! i#probable) for ethnic reasons) that
the child is that of the h$sband. Dor the
p$rposes of this article) the wife>s ad$lter!
need not be proved in a cri#inal case. (n)
Art. 2.6. A child born within one h$ndred
ei"ht! da!s followin" the celebration of the
#arria"e is pri#a facie pres$#ed to be
le"iti#ate. C$ch a child is concl$sivel!
pres$#ed to be le"iti#ate in an! of these
cases?
(1) +f the h$sband) before the #arria"e)
knew of the pre"nanc! of the wife;
(2) +f he consented) bein" present) to the
p$ttin" of his s$rna#e on the record of birth
of the child;
(*) +f he e,pressl! or tacitl! reco"ni(ed the
child as his own. (11:a)
Art. 2.8. +f the #arria"e is dissolved b! the
death of the h$sband) and the #other
contracted another #arria"e within three
h$ndred da!s followin" s$ch death) these
r$les shall "overn?
(1) A child born before one h$ndred ei"ht!
da!s after the sole#ni(ation of the
s$bse3$ent #arria"e is disp$tabl! pres$#ed
to have been conceived d$rin" the for#er
#arria"e) provided it be born within three
h$ndred da!s after the death of the for#er
h$sband?
(2) A child born after one h$ndred ei"ht!
da!s followin" the celebration of the
s$bse3$ent #arria"e is pri#a facie
pres$#ed to have been conceived d$rin"
s$ch #arria"e) even tho$"h it be born within
the three h$ndred da!s after the death of the
for#er h$sband. (n)
Art. 2/:. +f after a 1$d"#ent ann$llin" a
#arria"e) the for#er wife sho$ld believe
herself to be pre"nant b! the for#er
h$sband) she shall) within thirt! da!s fro#
the ti#e she beca#e aware of her
pre"nanc!) notif! the for#er h$sband or his
heirs of that fact. <e or his heirs #a! ask the
co$rt to take #eas$res to prevent a
si#$lation of birth.
The sa#e obli"ation shall devolve $pon a
widow who believes herself to have been left
pre"nant b! the deceased h$sband) or $pon
the wife who believes herself to be pre"nant
b! her h$sband fro# who# she has been
le"all! separated. (n)
Art. 2/1. There is no pres$#ption of
le"iti#ac! or ille"iti#ac! of a child born after
three h$ndred da!s followin" the dissol$tion
of the #arria"e or the separation of the
spo$ses. 5hoever alle"es the le"iti#ac! or
the ille"iti#ac! of s$ch child #$st prove his
alle"ation. (n)
Art. 2/2. The heirs of the h$sband #a!
i#p$"n the le"iti#ac! of the child onl! in the
followin" cases?
(1) +f the h$sband sho$ld die before the
e,piration of the period ,ed for brin"in" his
action;
(2) +f he sho$ld die after the lin" of the
co#plaint) witho$t havin" desisted fro# the
sa#e;
(*) +f the child was born after the death of
the h$sband. (112)
Art. 2/*. The action to i#p$"n the le"iti#ac!
of the child shall be bro$"ht within one !ear
fro# the recordin" of the birth in the Civil
0e"ister) if the h$sband sho$ld be in the
sa#e place) or in a proper case) an! of his
heirs.
+f he or his heirs are absent) the period shall
be ei"hteen #onths if the! sho$ld reside in
the Philippines; and two !ears if abroad. +f
the birth of the child has been concealed) the
ter# shall be co$nted fro# the discover! of
the fra$d. (11*a)
Art. 2/-. Le"iti#ate children shall have the
ri"ht?
(1) To bear the s$rna#es of the father and of
the #other;
(2) To receive s$pport fro# the#) fro# their
ascendants and in a proper case) fro# their
brothers and sisters) in confor#it! with
Article 281;
(*) To the le"iti#e and other s$ccessional
ri"hts which this Code reco"ni(es in their
favor. (11-)
C<APT=0 2
P0%%D %D D+L+AT+%9 %D L='+T+@AT=
C<+LH0=9

Art. 2/.. The liation of le"iti#ate children is
proved b! the record of birth appearin" in
the Civil 0e"ister) or b! an a$thentic
doc$#ent or a nal 1$d"#ent. (11.)
Art. 2//. +n the absence of the titles
indicated in the precedin" article) the liation
shall be proved b! the contin$o$s possession
of stat$s of a le"iti#ate child. (11/)
Art. 2/2. +n the absence of a record of birth)
a$thentic doc$#ent) nal 1$d"#ent or
possession of stat$s) le"iti#ate liation #a!
be proved b! an! other #eans allowed b!
the 0$les of Co$rt and special laws. (112a)
Art. 2/6. The action to clai# his le"iti#ac!
#a! be bro$"ht b! the child d$rin" all his
lifeti#e) and shall be trans#itted to his heirs
if he sho$ld die d$rin" his #inorit! or in a
state of insanit!. +n these cases the heirs
shall have a period of ve !ears within which
to instit$te the action.
The action alread! co##enced b! the child
is trans#itted $pon his death to the heirs) if
the proceedin" has not !et lapsed. (116)

C<APT=0 *
L='+T+@AT=H C<+LH0=9

Art. 2/8. %nl! nat$ral children can be
le"iti#ated. Children born o$tside wedlock of
parents who) at the ti#e of the conception of
the for#er) were not dis3$alied b! an!
i#pedi#ent to #arr! each other) are nat$ral.
(118a)
Art. 22:. Le"iti#ation shall take place b! the
s$bse3$ent #arria"e between the parents.
(12:a)
Art. 221. %nl! nat$ral children who have
been reco"ni(ed b! the parents before or
after the celebration of the #arria"e) or have
been declared nat$ral children b! nal
1$d"#ent) #a! be considered le"iti#ated b!
s$bse3$ent #arria"e.
+f a nat$ral child is reco"ni(ed or 1$diciall!
declared as nat$ral) s$ch reco"nition or
declaration shall e,tend to his or her
brothers or sisters of the f$ll blood? Provided)
That the consent of the latter shall be
i#plied if the! do not i#p$"n the reco"nition
within fo$r !ears fro# the ti#e of s$ch
reco"nition) or in case the! are #inors)
within fo$r !ears followin" the attain#ent of
#a1orit!. (121a)
Art. 222. Children who are le"iti#ated b!
s$bse3$ent #arria"e shall en1o! the sa#e
ri"hts as le"iti#ate children. (122)
Art. 22*. Le"iti#ation shall take efect fro#
the ti#e of the child>s birth. (12*a)
Art. 22-. The le"iti#ation of children who
died before the celebration of the #arria"e
shall benet their descendants. (12-)
Art. 22.. Le"iti#ation #a! be i#p$"ned b!
those who are pre1$diced in their ri"hts)
when it takes place in favor of those who do
not have the le"al condition of nat$ral
children or when the re3$isites laid down in
this Chapter are not co#plied with. (126a)

C<APT=0 -
+LL='+T+@AT= C<+LH0=9

C=CT+%9 1. 4 0eco"nition of 9at$ral Children

Art. 22/. A nat$ral child #a! be reco"ni(ed
b! the father and #other 1ointl!) or b! onl!
one of the#. (128)
Art. 222. +n case the reco"nition is #ade b!
onl! one of the parents) it shall be pres$#ed
that the child is nat$ral) if the parent
reco"ni(in" it had le"al capacit! to contract
#arria"e at the ti#e of the conception. (1*:)
Art. 226. 0eco"nition shall be #ade in the
record of birth) a will) a state#ent before a
co$rt of record) or in an! a$thentic writin".
(1*1a)
Art. 228. A #inor who #a! not contract
#arria"e witho$t parental consent cannot
acknowled"e a nat$ral child) $nless the
parent or "$ardian approves the
acknowled"#ent or $nless the reco"nition is
#ade in a will. (n)
Art. 26:. 5hen the father or the #other
#akes the reco"nition separatel!) he or she
shall not reveal the na#e of the person with
who# he or she had the child; neither shall
he or she state an! circ$#stance whereb!
the other parent #a! be identied. (1*2a)
Art. 261. A child who is of a"e cannot be
reco"ni(ed witho$t his consent.
5hen the reco"nition of a #inor does not
take place in a record of birth or in a will)
1$dicial approval shall be necessar!.
A #inor can in an! case i#p$"n the
reco"nition within fo$r !ears followin" the
attain#ent of his #a1orit!. (1**a)
Art. 262. A reco"ni(ed nat$ral child has the
ri"ht?
(1) To bear the s$rna#e of the parent
reco"ni(in" hi#?
(2) To receive s$pport fro# s$ch parent) in
confor#it! with article 281;
(*) To receive) in a proper case) the
hereditar! portion which is deter#ined in this
Code. (1*-)
Art. 26*. +n an! of the followin" cases) the
father is obli"ed to reco"ni(e the child as his
nat$ral child?
(1) +n cases of rape) abd$ction or sed$ction)
when the period of the ofense coincides
#ore or less with that of the conception;
(2) 5hen the child is in contin$o$s
possession of stat$s of a child of the alle"ed
father b! the direct acts of the latter or of his
fa#il!;
(*) 5hen the child was conceived d$rin" the
ti#e when the #other cohabited with the
s$pposed father;
(-) 5hen the child has in his favor an!
evidence or proof that the defendant is his
father. (n)
Art. 26-. The #other is obli"ed to reco"ni(e
her nat$ral child?
(1) +n an! of the cases referred to in the
precedin" article) as between the child and
the #other;
(2) 5hen the birth and the identit! of the
child are clearl! proved. (1*/a)
Art. 26.. The action for the reco"nition of
nat$ral children #a! be bro$"ht onl! d$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
#inorit! of the child) in which case the latter
#a! le the action before the e,piration of
fo$r !ears fro# the attain#ent of his
#a1orit!;
(2) +f after the death of the father or of the
#other a doc$#ent sho$ld appear of which
nothin" had been heard and in which either
or both parents reco"ni(e the child.
+n this case) the action #$st be co##enced
within fo$r !ears fro# the ndin" of the
doc$#ent. (1*2a)
Art. 26/. The reco"nition #ade in favor of a
child who does not possess all the conditions
stated in Article 2/8) or in which the
re3$ire#ents of the law have not been
f$llled) #a! be i#p$"ned b! those who are
pre1$diced b! s$ch reco"nition. (1*2)

C=CT+%9 2. 4 %ther +lle"iti#ate Children

Art. 262. +lle"iti#ate children other than
nat$ral in accordance with Article 2/8 and
other than nat$ral children b! le"al ction
are entitled to s$pport and s$ch s$ccessional
ri"hts as are "ranted in this Code. (n)
Art. 266. @inor children #entioned in the
precedin" article are $nder the parental
a$thorit! of the #other. (n)
Art. 268. +nvesti"ation of the paternit! or
#aternit! of children #entioned in the two
precedin" articles is per#itted $nder the
circ$#stances specied in Articles 26* and
26-. (n)

Title +K. 4 CBPP%0T

Art. 28:. C$pport is ever!thin" that is
indispensable for s$stenance) dwellin")
clothin" and #edical attendance) accordin"
to the social position of the fa#il!.
C$pport also incl$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 be!ond
the a"e of #a1orit!. (12-a)
Art. 281. The followin" are obli"ed to s$pport
each other to the whole e,tent set forth in
the precedin" article?
(1) The spo$ses;
(2) Le"iti#ate ascendants and descendants;
(*) Parents and acknowled"ed nat$ral
children and the le"iti#ate or ille"iti#ate
descendants of the latter;
(-) Parents and nat$ral children b! le"al
ction and the le"iti#ate and ille"iti#ate
descendants of the latter;
(.) Parents and ille"iti#ate children who are
not nat$ral.
Frothers and sisters owe their le"iti#ate and
nat$ral brothers and sisters) altho$"h the!
are onl! of the half4blood) the necessaries for
life) when b! a ph!sical or #ental defect) or
an! other ca$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 necessar! for
ele#entar! ed$cation and for professional or
vocational trainin". (1-*a)
Art. 282. H$rin" the proceedin"s for le"al
separation) or for ann$l#ent of #arria"e) the
spo$ses and children) shall be s$pported
fro# the con1$"al partnership propert!. After
the nal 1$d"#ent of le"al separation) or of
ann$l#ent of #arria"e) the obli"ation of
#$t$al s$pport between the spo$ses ceases.
<owever) in case of le"al separation) the
co$rt #a! order that the "$ilt! spo$se shall
"ive s$pport to the innocent one) the
1$d"#ent specif!in" the ter#s of s$ch order.
(n)
Art. 28*. +n an action for le"al separation or
ann$l#ent of #arria"e) attorne!>s fees and
e,penses for liti"ation shall be char"ed to
the con1$"al partnership propert!) $nless the
action fails. (n)
Art. 28-. The clai# for s$pport) when proper
and two or #ore persons are obli"ed to "ive
it) shall be #ade in the followin" order?
(1) Dro# the spo$se;
(2) Dro# the descendants of the nearest
de"ree;
(*) Dro# the ascendants) also of the nearest
de"ree;
(-) Dro# the brothers and sisters.
A#on" descendants and ascendants the
order in which the! are called to the
intestate s$ccession of the person who has a
ri"ht to clai# s$pport shall be observed.
(1--)
Art. 28.. 5hen the obli"ation to "ive s$pport
falls $pon two or #ore persons) the pa!#ent
of the sa#e shall be divided between the#
in proportion to the reso$rces of each.
<owever) in case of $r"ent need and b!
special circ$#stances) the 1$d"e #a! order
onl! one of the# to f$rnish the s$pport
provisionall!) witho$t pre1$dice to his ri"ht to
clai# fro# the other obli"ors the share d$e
fro# the#.
5hen two or #ore recipients at the sa#e
ti#e clai# s$pport fro# one and the sa#e
person le"all! obli"ed to "ive it) and the
latter sho$ld not have s$&cient #eans to
satisf! all) the order established in the
precedin" article shall be followed) $nless
the conc$rrent obli"ees sho$ld be the spo$se
and a child s$b1ect to parental a$thorit!) in
which case the latter shall be preferred.
(1-.)
Art. 28/. The a#o$nt of s$pport) in the cases
referred to in the ve n$#bers of article 281)
shall be in proportion to the reso$rces or
#eans of the "iver and to the necessities of
the recipient. (1-/a)
Art. 282. C$pport in the cases referred to in
the precedin" article shall be red$ced or
increased proportionatel!) accordin" to the
red$ction or increase of the needs of the
recipient and the reso$rces of the person
obli"ed to f$rnish the sa#e. (1-2)
Art. 286. The obli"ation to "ive s$pport shall
be de#andable fro# the ti#e the person
who has a ri"ht to receive the sa#e needs it
for #aintenance) b$t it shall not be paid
e,cept fro# the date it is e,tra1$diciall!
de#anded.
Pa!#ent shall be #ade #onthl! in advance)
and when the recipient dies) his heirs shall
not be obli"ed to ret$rn what he has
received in advance. (1-6a)
Art. 288. The person obli"ed to "ive s$pport
#a!) at his option) f$lll his obli"ation either
b! pa!in" the allowance ,ed) or b!
receivin" and #aintainin" in his ho$se the
person who has a ri"ht to receive s$pport.
The latter alternative cannot be availed of in
case there is a #oral or le"al obstacle
thereto. (1-8a)
Art. *::. The obli"ation to f$rnish s$pport
ceases $pon the death of the obli"or) even if
he #a! be bo$nd to "ive it in co#pliance
with a nal 1$d"#ent. (1.:)
Art. *:1. The ri"ht to receive s$pport cannot
be reno$nced; nor can it be trans#itted to a
third person. 9either can it be co#pensated
with what the recipient owes the obli"or.
<owever) s$pport in arrears #a! be
co#pensated and reno$nced) and the ri"ht
to de#and the sa#e #a! be trans#itted b!
onero$s or "rat$ito$s title. (1.1)
Art. *:2. 9either the ri"ht to receive le"al
s$pport nor an! #one! or propert! obtained
as s$ch s$pport or an! pension or "rat$it!
fro# the "overn#ent is s$b1ect to
attach#ent or e,ec$tion. (n)
Art. *:*. The obli"ation to "ive s$pport shall
also cease?
(1) Bpon the death of the recipient;
(2) 5hen the reso$rces of the obli"or have
been red$ced to the point where he cannot
"ive the s$pport witho$t ne"lectin" his own
needs and those of his fa#il!;
(*) 5hen the recipient #a! en"a"e in a
trade) profession) or ind$str!) or has
obtained work) or has i#proved his fort$ne in
s$ch a wa! that he no lon"er needs the
allowance for his s$bsistence;
(-) 5hen the recipient) be he a forced heir or
not) has co##itted so#e act which "ives
rise to disinheritance;
(.) 5hen the recipient is a descendant)
brother or sister of the obli"or and the need
for s$pport is ca$sed b! his or her bad
cond$ct or b! the lack of application to work)
so lon" as this ca$se s$bsists. (1.2a)
Art. *:-. The fore"oin" provisions shall be
applicable to other cases where) in virt$e of
this Code or of an! other law) b! will) or b!
stip$lation there is a ri"ht to receive s$pport)
save what is stip$lated) ordered b! the
testator or provided b! law for the special
case. (1.*a)

Title K. 4 DB9=0ALC (n)

Art. *:.. The d$t! and the ri"ht to #ake
arran"e#ents for the f$neral of a relative
shall be in accordance with the order
established for s$pport) $nder Article 28-. +n
case of descendants of the sa#e de"ree) or
of brothers and sisters) the oldest shall be
preferred. +n case of ascendants) the
paternal shall have a better ri"ht.
Art. *:/. =ver! f$neral shall be in keepin"
with the social position of the deceased.
Art. *:2. The f$neral shall be in accordance
with the e,pressed wishes of the deceased.
+n the absence of s$ch e,pression) his
reli"io$s beliefs or a&liation shall deter#ine
the f$neral rites. +n case of do$bt) the for#
of the f$neral shall be decided $pon b! the
person obli"ed to #ake arran"e#ents for the
sa#e) after cons$ltin" the other #e#bers of
the fa#il!.
Art. *:6. 9o h$#an re#ains shall be
retained) interred) disposed of or e,h$#ed
witho$t the consent of the persons
#entioned in articles 28- and *:..
Art. *:8. An! person who shows disrespect
to the dead) or wron"f$ll! interferes with a
f$neral shall be liable to the fa#il! of the
deceased for da#a"es) #aterial and #oral.
Art. *1:. The constr$ction of a to#bstone or
#a$sole$# shall be dee#ed a part of the
f$neral e,penses) and shall be char"eable to
the con1$"al partnership propert!) if the
deceased is one of the spo$ses.

Title K+. 4 PA0=9TAL ABT<%0+TJ

C<APT=0 1
'=9=0AL P0%A+C+%9C

Art. *11. The father and #other 1ointl!
e,ercise parental a$thorit! over their
le"iti#ate children who are not e#ancipated.
+n case of disa"ree#ent) the father>s
decision shall prevail) $nless there is a
1$dicial order to the contrar!.
Children are obli"ed to obe! their parents so
lon" as the! are $nder parental power) and
to observe respect and reverence toward
the# alwa!s.
0eco"ni(ed nat$ral and adopted children
who are $nder the a"e of #a1orit! are $nder
the parental a$thorit! of the father or #other
reco"ni(in" or adoptin" the#) and are $nder
the sa#e obli"ation stated in the precedin"
para"raph.
9at$ral children b! le"al ction are $nder the
1oint a$thorit! of the father and #other) as
provided in the rst para"raph of this article.
(1.-a)
Art. *12. 'randparents shall be cons$lted b!
all #e#bers of the fa#il! on all i#portant
fa#il! 3$estions. (n)
Art. *1*. Parental a$thorit! cannot be
reno$nced or transferred) e,cept in cases of
"$ardianship or adoption approved b! the
co$rts) or e#ancipation b! concession.
The co$rts #a!) in cases specied b! law)
deprive parents of their a$thorit!. (n)
Art. *1-. A fo$ndlin" shall be $nder the
parental a$thorit! of the person or instit$tion
that has reared the sa#e. (n)
Art. *1.. 9o descendant can be co#pelled)
in a cri#inal case) to testif! a"ainst his
parents and ascendants. (n)

C<APT=0 2
=DD=CT %D PA0=9TAL ABT<%0+TJ
BP%9 T<= P=0C%9C %D T<= C<+LH0=9

Art. *1/. The father and the #other have)
with respect to their $ne#ancipated
children?
(1) The d$t! to s$pport the#) to have the#
in their co#pan!) ed$cate and instr$ct the#
in keepin" with their #eans and to represent
the# in all actions which #a! redo$nd to
their benet;
(2) The power to correct the# and to p$nish
the# #oderatel!. (1..)
Art. *12. The co$rts #a! appoint a "$ardian
of the child> s propert!) or a "$ardian ad
lite# when the best interest of the child so
re3$ires. (n)
Art. *16. Bpon ca$se bein" shown b! the
parents) the local #a!or #a! aid the# in the
e,ercise of their a$thorit! over the child. +f
the child is to be kept in a children>s ho#e or
si#ilar instit$tion for not #ore than one
#onth) an order of the 1$stice of the peace or
#$nicipal 1$d"e shall be necessar!) after d$e
hearin") where the child shall be heard. Dor
his p$rpose) the co$rt #a! appoint a
"$ardian ad lite#. (1./a)
Art. *18. The father and the #other shall
satisf! the s$pport for the detained child; b$t
the! shall not have an! intervention in the
re"i#e of the instit$tion where the child is
detained. The! #a! lift the detention when
the! dee# it opport$ne) with the approval of
the co$rt. (1.6a)

C<APT=0 *
=DD=CT %D PA0=9TAL ABT<%0+TJ
%9 T<= P0%P=0TJ %D T<= C<+LH0=9

Art. *2:. The father) or in his absence the
#other) is the le"al ad#inistrator of the
propert! pertainin" to the child $nder
parental a$thorit!. +f the propert! is worth
#ore than two tho$sand pesos) the father or
#other shall "ive a bond s$b1ect to the
approval of the Co$rt of Dirst +nstance. (1.8a)
Art. *21. The propert! which the
$ne#ancipated child has ac3$ired or #a!
ac3$ire with his work or ind$str!) or b! an!
l$crative title) belon"s to the child in
ownership) and in $s$fr$ct to the father or
#other $nder who# he is $nder parental
a$thorit! and in whose co#pan! he lives;
b$t if the child) with the parent>s consent)
sho$ld live independentl! fro# the#) he
shall be considered as e#ancipated for all
p$rposes relative to said propert!) and he
shall have over it do#inion) $s$fr$ct and
ad#inistration. (1/:)
Art. *22. A child who earns #one! or
ac3$ires propert! with his own work or
ind$str! shall be entitled to a reasonable
allowance fro# the earnin"s) in addition to
the e,penses #ade b! the parents for his
s$pport and ed$cation. (n)
Art. *2*. The fr$its and interest of the child>s
propert! referred to in article *21 shall be
applied rst to the e,penses for the s$pport
and ed$cation of the child. After the! have
been f$ll! #et) the debts of the con1$"al
partnership which have redo$nded to the
benet of the fa#il! #a! be paid fro# said
fr$its and interest. (n)
Art. *2-. 5hatever the child #a! ac3$ire
with the capital or propert! of the parents
belon"s to the latter in ownership and in
$s$fr$ct. F$t if the parents sho$ld e,pressl!
"rant hi# all or part of the prots that he
#a! obtain) s$ch prots shall not be char"ed
a"ainst his le"iti#e. (1/1)
Art. *2.. The propert! or inco#e donated)
be3$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$ct; b$t the father or
#other shall ad#inister the sa#e) if in the
donation or testa#entar! provision the
contrar! has not been stated. (1/2)
Art. *2/. 5hen the propert! of the child is
worth #ore than two tho$sand pesos) the
father or #other shall be considered a
"$ardian of the child>s propert!) s$b1ect to
the d$ties and obli"ations of "$ardians $nder
the 0$les of Co$rt. (n)

C<APT=0 -
=KT+9'B+C<@=9T %D PA0=9TAL ABT<%0+TJ

Art. *22. Parental a$thorit! ter#inates?
(1) Bpon the death of the parents or of the
child;
(2) Bpon e#ancipation;
(*) Bpon adoption of the child;
(-) Bpon the appoint#ent of a "eneral
"$ardian. (1/2a)
Art. *26. The #other who contracts a
s$bse3$ent #arria"e loses the parental
a$thorit! over her children) $nless the
deceased h$sband) father of the latter) has
e,pressl! provided in his will that his widow
#i"ht #arr! a"ain) and has ordered that in
s$ch case she sho$ld keep and e,ercise
parental a$thorit! over their children.
The co$rt #a! also appoint a "$ardian of the
child>s propert! in case the father sho$ld
contract a s$bse3$ent #arria"e. (1/6a)
Art. *28. 5hen the #other of an ille"iti#ate
child #arries a #an other than its father) the
co$rt #a! appoint a "$ardian for the child.
(n)
Art. **:. The father and in a proper case the
#other) shall lose a$thorit! over their
children?
(1) 5hen b! nal 1$d"#ent in a cri#inal case
the penalt! of deprivation of said a$thorit! is
i#posed $pon hi# or her;
(2) 5hen b! a nal 1$d"#ent in le"al
separation proceedin"s s$ch loss of a$thorit!
is declared. (1/8a)
Art. **1. Parental a$thorit! is s$spended b!
the incapacit! or absence of the father) or in
a proper case of the #other) 1$diciall!
declared) and also b! civil interdiction. (12:)
Art. **2. The co$rts #a! deprive the parents
of their a$thorit! or s$spend the e,ercise of
the sa#e if the! 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
#a! also deprive the parents in whole or in
part) of the $s$fr$ct over the child>s
propert!) or adopt s$ch #eas$res as the!
#a! dee# advisable in the interest of the
child. (121a)
Art. ***. +f the widowed #other who has
contracted a s$bse3$ent #arria"e sho$ld
a"ain beco#e a widow) she shall recover
fro# this #o#ent her parental a$thorit! over
all her $ne#ancipated children. (122)

C<APT=0 .
AH%PT+%9

Art. **-. =ver! person of a"e) who is in f$ll
possession of his civil ri"hts) #a! adopt.
(12*a)
Art. **.. The followin" cannot adopt?
(1) Those who have le"iti#ate) le"iti#ated)
acknowled"ed nat$ral children) or nat$ral
children b! le"al ction;
(2) The "$ardian) with respect to the ward)
before the nal approval of his acco$nts;
(*) A #arried person) witho$t the consent of
the other spo$se;
(-) 9on4resident aliens;
(.) 0esident aliens with whose "overn#ent
the 0ep$blic of the Philippines has broken
diplo#atic relations;
(/) An! person who has been convicted of a
cri#e involvin" #oral t$rpit$de) when the
penalt! i#posed was si, #onths>
i#prison#ent or #ore. (12-a)
Art. **/. The h$sband and wife #a! 1ointl!
adopt. Parental a$thorit! shall) in s$ch case)
be e,ercised as if the child were their own b!
nat$re. (n)
Art. **2. An! person) even if of a"e) #a! be
adopted) provided the adopter is si,teen
!ears older. (12*a)
Art. **6. The followin" #a! be adopted?
(1) The nat$ral child) b! the nat$ral father or
#other;
(2) %ther ille"iti#ate children) b! the father
or #other;
(*) A step4child) b! the step4father or step4
#other. (n)
Art. **8. The followin" cannot be adopted?
(1) A #arried person) witho$t the written
consent of the other spo$se;
(2) An alien with whose "overn#ent the
0ep$blic of the Philippines has broken
diplo#atic relations;
(*) A person who has alread! been adopted.
(n)
Art. *-:. The written consent of the followin"
to the adoption shall be necessar!?
(1) The person to be adopted) if fo$rteen
!ears of a"e or over;
(2) The parents) "$ardian or person in char"e
of the person to be adopted. (n)
Art. *-1. The adoption shall?
(1) 'ive to the adopted person the sa#e
ri"hts and d$ties as if he were a le"iti#ate
child of the adopter?
(2) Hissolve the a$thorit! vested in the
parents b! nat$re;
(*) @ake the adopted person a le"al heir of
the adopter;
(-) =ntitle the adopted person to $se the
adopter>s s$rna#e. (n)
Art. *-2. The adopter shall not be a le"al heir
of the adopted person) whose parents b!
nat$re shall inherit fro# hi#. (122a)
Art. *-*. +f the adopter is s$rvived b!
le"iti#ate parents or ascendants and b! an
adopted person) the latter shall not have
#ore s$ccessional ri"hts than an
acknowled"ed nat$ral child. (n)
Art. *--. The adopter #a! donate propert!)
b! an act inter vivos or b! will) to the
adopted person) who shall ac3$ire ownership
thereof. (n)
Art. *-.. The proceedin"s for adoption shall
be "overned b! the 0$les of Co$rt insofar as
the! are not in conEict with this Code. (n)
Art. *-/. The adoption shall be recorded in
the local civil re"ister. (128a)
Art. *-2. A #inor or other incapacitated
person #a!) thro$"h a "$ardian ad lite#)
ask for the rescission of the adoption on the
sa#e "ro$nds that ca$se the loss of parental
a$thorit!. (n)
Art. *-6. The adopter #a! petition the co$rt
for revocation of the adoption in an! of these
cases?
(1) +f the adopted person has atte#pted
a"ainst the life of the adopter;
(2) 5hen the adopted #inor has abandoned
the ho#e of the adopter for #ore than three
!ears;
(*) 5hen b! other acts the adopted person
has denitel! rep$diated the adoption. (n)
C<APT=0 /
CBFCT+TBT= PA0=9TAL ABT<%0+TJ (n)

Art. *-8. The followin" persons shall e,ercise
s$bstit$te parental a$thorit!?
(1) '$ardians;
(2) Teachers and professors;
(*) <eads of children>s ho#es) orphana"es)
and si#ilar instit$tions;
(-) Hirectors of trade establish#ents) with
re"ard to apprentices;
(.) 'randparents;
(/) The oldest brother or sister.
Art. *.:. The persons na#ed in the
precedin" article shall e,ercise reasonable
s$pervision over the cond$ct of the child.
Art. *.1. A "eneral "$ardian or a "$ardian
over the person shall have the sa#e
a$thorit! over the ward>s person as the
parents. 5ith re"ard to the child>s propert!)
the 0$les of Co$rt on "$ardianship shall
"overn.
Art. *.2. The relations between teacher and
p$pil) professor and st$dent) are ,ed b!
"overn#ent re"$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$#anel!. 9o corporal p$nish#ent a"ainst
the apprentice shall be per#itted.
Art. *.-. 'randparents and in their defa$lt
the oldest brother or sister shall e,ercise
parental a$thorit! 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 #a! "ive
advice and co$nsel to the child) to the
parents or to the "$ardian.
Art. *... C$bstit$te parental a$thorit! shall
be e,ercised b! the "randparents in the
followin" order?
(1) Paternal "randparents;
(2) @aternal "randparents.
Title K++. 4 CA0= A9H =HBCAT+%9 %D
C<+LH0=9

Art. *./. =ver! child?
(1) +s entitled to parental care;
(2) Chall receive at least ele#entar!
ed$cation;
(*) Chall be "iven #oral and civic trainin" b!
the parents or "$ardian;
(-) <as a ri"ht to live in an at#osphere
cond$cive to his ph!sical) #oral and
intellect$al develop#ent.
Art. *.2. =ver! child shall?
(1) %be! and honor his parents or "$ardian;
(2) 0espect his "randparents) old relatives)
and persons holdin" s$bstit$te parental
a$thorit!;
(*) =,ert his $t#ost for his ed$cation and
trainin";
(-) Cooperate with the fa#il! in all #atters
that #ake for the "ood of the sa#e.
Art. *.6. =ver! parent and ever! person
holdin" s$bstit$te parental a$thorit! shall
see to it that the ri"hts of the child are
respected and his d$ties co#plied with) and
shall partic$larl!) b! precept and e,a#ple)
i#b$e the child with hi"h#indedness) love of
co$ntr!) veneration for the national heroes)
delit! to de#ocrac! as a wa! of life) and
attach#ent to the ideal of per#anent world
peace.
Art. *.8. The "overn#ent pro#otes the f$ll
"rowth of the fac$lties of ever! child. Dor this
p$rpose) the "overn#ent will establish)
whenever possible?
(1) Cchools in ever! barrio) #$nicipalit! and
cit! where optional reli"io$s instr$ction shall
be ta$"ht as part of the c$rric$l$# at the
option of the parent or "$ardian;
(2) P$eric$lt$re and si#ilar centers;
(*) Co$ncils for the Protection of Children;
and
(-) 7$venile co$rts.
Art. */:. The Co$ncil for the Protection of
Children shall look after the welfare of
children in the #$nicipalit!. +t shall) a#on"
other f$nctions?
(1) Doster the ed$cation of ever! child in the
#$nicipalit!;
(2) =nco$ra"e the c$ltivation of the d$ties of
parents;
(*) Protect and assist abandoned or
#istreated children) and orphans;
(-) Take steps to prevent 1$venile
delin3$enc!;
(.) Adopt #eas$res for the health of
children;
(/) Pro#ote the openin" and #aintenance of
pla!"ro$nds;
(2) Coordinate the activities of or"ani(ations
devoted to the welfare of children) and
sec$re their cooperation.
Art. */1. 7$venile co$rts will be established)
as far as practicable) in ever! chartered cit!
or lar"e #$nicipalit!.
Art. */2. 5henever a child is fo$nd
delin3$ent b! an! co$rt) the father) #other)
or "$ardian #a! in a proper case be
1$diciall! ad#onished.
Art. */*. +n all 3$estions on the care)
c$stod!) ed$cation and propert! of children
the latter>s welfare shall be para#o$nt. 9o
#other shall be separated fro# her child
$nder seven !ears of a"e) $nless the co$rt
nds co#pellin" reasons for s$ch #eas$re.

Title K+++. 4 BC= %D CB09A@=C (n)

Art. */-. Le"iti#ate and le"iti#ated children
shall principall! $se the s$rna#e of the
father.
Art. */.. An adopted child shall bear the
s$rna#e of the adopter.
Art. *//. A nat$ral child acknowled"ed b!
both parents shall principall! $se the
s$rna#e of the father. +f reco"ni(ed b! onl!
one of the parents) a nat$ral child shall
e#plo! the s$rna#e of the reco"ni(in"
parent.
Art. */2. 9at$ral children b! le"al ction
shall principall! e#plo! the s$rna#e of the
father.
Art. */6. +lle"iti#ate children referred to in
Article 262 shall bear the s$rna#e of the
#other.
Art. */8. Children conceived before the
decree ann$llin" a voidable #arria"e shall
principall! $se the s$rna#e of the father.
Art. *2:. A #arried wo#an #a! $se?
(1) <er #aiden rst na#e and s$rna#e and
add her h$sband>s s$rna#e) or
(2) <er #aiden rst na#e and her h$sband>s
s$rna#e or
(*) <er h$sband>s f$ll na#e) b$t pre,in" a
word indicatin" that she is his wife) s$ch as
"@rs."
Art. *21. +n case of ann$l#ent of #arria"e)
and the wife is the "$ilt! part!) she shall
res$#e her #aiden na#e and s$rna#e. +f
she is the innocent spo$se) she #a! res$#e
her #aiden na#e and s$rna#e. <owever)
she #a! choose to contin$e e#plo!in" her
for#er h$sband>s s$rna#e) $nless?
(1) The co$rt decrees otherwise) or
(2) Che or the for#er h$sband is #arried
a"ain to another person.
Art. *22. 5hen le"al separation has been
"ranted) the wife shall contin$e $sin" her
na#e and s$rna#e e#plo!ed before the
le"al separation.
Art. *2*. A widow #a! $se the deceased
h$sband>s s$rna#e as tho$"h he were still
livin") in accordance with Article *2:.
Art. *2-. +n case of identit! of na#es and
s$rna#es) the !o$n"er person shall be
obli"ed to $se s$ch additional na#e or
s$rna#e as will avoid conf$sion.
Art. *2.. +n case of identit! of na#es and
s$rna#es between ascendants and
descendants) the word "7$nior" can be $sed
onl! b! a son. 'randsons and other direct
#ale descendants shall either?
(1) Add a #iddle na#e or the #other>s
s$rna#e) or
(2) Add the 0o#an 9$#erals ++) +++) and so on.
Art. *2/. 9o person can chan"e his na#e or
s$rna#e witho$t 1$dicial a$thorit!.
Art. *22. Bs$rpation of a na#e and s$rna#e
#a! be the s$b1ect of an action for da#a"es
and other relief.
Art. *26. The $na$thori(ed or $nlawf$l $se of
another person>s s$rna#e "ives a ri"ht of
action to the latter.
Art. *28. The e#plo!#ent of pen na#es or
sta"e na#es is per#itted) provided it is done
in "ood faith and there is no in1$r! to third
persons. Pen na#es and sta"e na#es cannot
be $s$rped.
Art. *6:. =,cept as provided in the precedin"
article) no person shall $se diferent na#es
and s$rna#es.

Title K+A. 4 AFC=9C=

C<APT=0 1
P0%A+C+%9AL @=ACB0=C +9 CAC= %D
AFC=9C=

Art. *61. 5hen a person disappears fro# his
do#icile) his whereabo$ts bein" $nknown)
and witho$t leavin" an a"ent to ad#inister
his propert!) the 1$d"e) at the instance of an
interested part!) a relative) or a friend) #a!
appoint a person to represent hi# in all that
#a! be necessar!.
This sa#e r$le shall be observed when $nder
si#ilar circ$#stances the power conferred
b! the absentee has e,pired. (161a)
Art. *62. The appoint#ent referred to in the
precedin" article havin" been #ade) the
1$d"e shall take the necessar! #eas$res to
safe"$ard the ri"hts and interests of the
absentee and shall specif! the powers)
obli"ations and re#$neration of his
representative) re"$latin" the#) accordin" to
the circ$#stances) b! the r$les concernin"
"$ardians. (162)
Art. *6*. +n the appoint#ent of a
representative) the spo$se present shall be
preferred when there is no le"al separation.
+f the absentee left no spo$se) or if the
spo$se present is a #inor) an! co#petent
person #a! be appointed b! the co$rt.
(16*a)

C<APT=0 2
H=CLA0AT+%9 %D AFC=9C=

Art. *6-. Two !ears havin" elapsed witho$t
an! news abo$t the absentee or since the
receipt of the last news) and ve !ears in
case the absentee has left a person in char"e
of the ad#inistration of his propert!) his
absence #a! be declared. (16-)
Art. *6.. The followin" #a! ask for the
declaration of absence?
(1) The spo$se present;
(2) The heirs instit$ted in a will) who #a!
present an a$thentic cop! of the sa#e;
(*) The relatives who #a! s$cceed b! the
law of intestac!;
(-) Those who #a! have over the propert! of
the absentee so#e ri"ht s$bordinated to the
condition of his death. (16.)
Art. *6/. The 1$dicial declaration of absence
shall not take efect $ntil si, #onths after its
p$blication in a newspaper of "eneral
circ$lation. (16/a)

C<APT=0 *
AH@+9+CT0AT+%9 %D T<= P0%P=0TJ %D T<=
AFC=9T==

Art. *62. An ad#inistrator of the absentee>s
propert! shall be appointed in accordance
with Article *6*. (162a)
Art. *66. The wife who is appointed as an
ad#inistratri, of the h$sband>s propert!
cannot alienate or enc$#ber the h$sband>s
propert!) or that of the con1$"al partnership)
witho$t 1$dicial a$thorit!. (166a)
Art. *68. The ad#inistration shall cease in
an! of the followin" cases?
(1) 5hen the absentee appears personall! or
b! #eans of an a"ent;
(2) 5hen the death of the absentee is proved
and his testate or intestate heirs appear;
(*) 5hen a third person appears) showin" b!
a proper doc$#ent that he has ac3$ired the
absentee>s propert! b! p$rchase or other
title.
+n these cases the ad#inistrator shall cease
in the perfor#ance of his o&ce) and the
propert! shall be at the disposal of those
who #a! have a ri"ht thereto. (18:)

C<APT=0 -
P0=CB@PT+%9 %D H=AT<

Art. *8:. After an absence of seven !ears) 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$ccession till
after an absence of ten !ears. +f he
disappeared after the a"e of sevent!4ve
!ears) an absence of ve !ears shall be
s$&cient in order that his s$ccession #a! be
opened. (n)
Art. *81. The followin" shall be pres$#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$rin" a
sea vo!a"e) or an aeroplane which is
#issin") who has not been heard of for fo$r
!ears since the loss of the vessel or
aeroplane;
(2) A person in the ar#ed forces who has
taken part in war) and has been #issin" for
fo$r !ears;
(*) A person who has been in dan"er of
death $nder other circ$#stances and his
e,istence has not been known for fo$r !ears.
(n)
Art. *82. +f the absentee appears) or witho$t
appearin" his e,istence is proved) he shall
recover his propert! in the condition in which
it #a! be fo$nd) and the price of an!
propert! that #a! have been alienated or
the propert! ac3$ired therewith; b$t he
cannot clai# either fr$its or rents. (18-)

C<APT=0 .
=DD=CT %D AFC=9C= BP%9 T<=
C%9T+9'=9T 0+'<TC %D T<= AFC=9T==

Art. *8*. 5hoever clai#s a ri"ht pertainin"
to a person whose e,istence is not
reco"ni(ed #$st prove that he was livin" at
the ti#e his e,istence was necessar! in
order to ac3$ire said ri"ht. (18.)
Art. *8-. 5itho$t pre1$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 co4heirs) $nless
he has heirs) assi"ns) or a representative.
The! shall all) as the case #a! be) #ake an
inventor! of the propert!. (18/a)
Art. *8.. The provisions of the precedin"
article are $nderstood to be witho$t
pre1$dice to the action of petition for
inheritance or other ri"hts which are vested
in the absentee) his representatives or
s$ccessors in interest. These ri"hts shall not
be e,tin"$ished save b! lapse of ti#e ,ed
for prescription. +n the record that is #ade in
the 0e"istr! of the real estate which accr$es
to the coheirs) the circ$#stance of its bein"
s$b1ect to the provisions of this article shall
be stated. (182)
Art. *8/. Those who #a! 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. (186)

Title KA. 4 =@A9C+PAT+%9 A9H A'= %D
@A7%0+TJ

C<APT=0 1
=@A9C+PAT+%9

Art. *82. =#ancipation takes place?
(1) F! the #arria"e of the #inor;
(2) F! the attain#ent of #a1orit!;
(*) F! the concession of the father or of the
#other who e,ercise parental a$thorit!.
(*1-)
Art. *86. =#ancipation treated of in 9o. * of
the precedin" article shall be efected in a
p$blic instr$#ent which shall be recorded in
the Civil 0e"ister) and $nless so recorded) it
shall take no efect a"ainst third persons.
(*1/a)
Art. *88. =#ancipation b! #arria"e or b!
vol$ntar! concession shall ter#inate
parental a$thorit! over the child>s person. +t
shall enable the #inor to ad#inister his
propert! as tho$"h he were of a"e) b$t he
cannot borrow #one! or alienate or
enc$#ber real propert! witho$t the consent
of his father or #other) or "$ardian. <e can
s$e and be s$ed in co$rt onl! with the
assistance of his father) #other or "$ardian.
(*12a)
Art. -::. +n order that e#ancipation b!
concession of the father or of the #other
#a! take place) it is re3$ired that the #inor
be ei"hteen !ears of a"e) and that he "ive
his consent thereto. (*16)
Art. -:1. =#ancipation is nal or irrevocable.
(*18a)

CHAPTER 2
A%E OF MA&ORITY

Art. -:2. @a1orit! co##ences $pon the
attain#ent of the a"e of twent!4one !ears.
The person who has reached #a1orit! is
3$alied for all acts of civil life) save the
e,ceptions established b! this Code in
special cases. (*2:a)
Art. -:*. 9otwithstandin" the provisions of
the precedin" article) a da$"hter above
twent!4one b$t below twent!4three !ears of
a"e cannot leave the parental ho#e witho$t
the consent of the father or #other in whose
co#pan! she lives) e,cept to beco#e a wife)
or when she e,ercises a profession or callin")
or when the father or #other has contracted
a s$bse3$ent #arria"e. (*21a)
Art. -:-. An orphan who is #inor #a!) at the
instance of an! relative or other person)
obtain e#ancipation b! concession $pon an
order of the Co$rt of Dirst +nstance. (*22a)
Art. -:.. Dor the concession and approval
referred to in the precedin" article it is
necessar!?
(1) That the #inor be ei"hteen !ears of a"e;
(2) That he consent thereto; and
(*) That the concession be dee#ed
convenient for the #inor.
The concession shall be recorded in the Civil
0e"ister. (*2*a)
Art. -:/. The provisions of Article *88 are
applicable to an orphan who has been
e#ancipated accordin" to Article -:-. The
co$rt will "ive the necessar! approval with
respect to the contracts #entioned in Article
*88. +n liti"ations) a "$ardian ad lite# for the
#inor shall be appointed b! the co$rt. (*2-a)

Title KA+. 4 C+A+L 0='+CT=0

Art. -:2. Acts) events and 1$dicial decrees
concernin" the civil stat$s of persons shall
be recorded in the civil re"ister. (*2.a)
Art. -:6. The followin" shall be entered in
the civil re"ister?
(1) Firths;
(2) #arria"es;
(*) deaths;
(-) le"al separations;
(.) ann$l#ents of #arria"e;
(/) 1$d"#ents declarin" #arria"es void fro#
the be"innin";
(2) le"iti#ations;
(6) adoptions;
(8) acknowled"#ents of nat$ral children;
(1:) nat$rali(ation;
(11) loss) or (12) recover! of citi(enship;
(1*) civil interdiction;
(1-) 1$dicial deter#ination of liation;
(1.) vol$ntar! e#ancipation of a #inor; and
(1/) chan"es of na#e. (*2/a)
Art. -:8. +n cases of le"al separation)
adoption) nat$rali(ation and other 1$dicial
orders #entioned in the precedin" article) it
shall be the d$t! of the clerk of the co$rt
which iss$ed the decree to ascertain whether
the sa#e has been re"istered) and if this has
not been done) to send a cop! of said decree
to the civil re"istr! of the cit! or #$nicipalit!
where the co$rt is f$nctionin". (n)
Art. -1:. The books #akin" $p the civil
re"ister and all doc$#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. =ver! civil re"istrar shall be civill!
responsible for an! $na$thori(ed alteration
#ade in an! civil re"ister) to an! person
s$ferin" da#a"e thereb!. <owever) the civil
re"istrar #a! e,e#pt hi#self fro# s$ch
liabilit! if he proves that he has taken ever!
reasonable preca$tion to prevent the
$nlawf$l alteration. (n)
Art. -12. 9o entr! in a civil re"ister shall be
chan"ed or corrected) witho$t a 1$dicial
order. (n)
Art. -1*. All other #atters pertainin" to the
re"istration of civil stat$s shall be "overned
b! 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 thin"s which are or #a! be the
ob1ect of appropriation are considered either?
(1) +##ovable or real propert!; or
(2) @ovable or personal propert!. (***)

CHAPTER $
IMMOVABLE PROPERTY

Art. -1.. The followin" are i##ovable
propert!?
(1) Land) b$ildin"s) roads and constr$ctions
of all kinds adhered to the soil;
(2) Trees) plants) and "rowin" fr$its) while
the! are attached to the land or for# an
inte"ral part of an i##ovable;
(*) =ver!thin" attached to an i##ovable in a
,ed #anner) in s$ch a wa! that it cannot be
separated therefro# witho$t breakin" the
#aterial or deterioration of the ob1ect;
(-) Ctat$es) reliefs) paintin"s or other ob1ects
for $se or orna#entation) placed in b$ildin"s
or on lands b! the owner of the i##ovable in
s$ch a #anner that it reveals the intention to
attach the# per#anentl! to the tene#ents;
(.) @achiner!) receptacles) instr$#ents or
i#ple#ents intended b! the owner of the
tene#ent for an ind$str! or works which #a!
be carried on in a b$ildin" or on a piece of
land) and which tend directl! to #eet the
needs of the said ind$str! or works;
(/) Ani#al ho$ses) pi"eon4ho$ses) beehives)
sh ponds or breedin" places of si#ilar
nat$re) in case their owner has placed the#
or preserves the# with the intention to have
the# per#anentl! attached to the land) and
for#in" a per#anent part of it; the ani#als
in these places are incl$ded;
(2) Dertili(er act$all! $sed on a piece of land;
(6) @ines) 3$arries) and sla" d$#ps) while
the #atter thereof for#s part of the bed) and
waters either r$nnin" or sta"nant;
(8) Hocks and str$ct$res which) tho$"h
Eoatin") are intended b! their nat$re and
ob1ect to re#ain at a ,ed place on a river)
lake) or coast;
(1:) Contracts for p$blic works) and
servit$des and other real ri"hts over
i##ovable propert!. (**-a)
CHAPTER 2
MOVABLE PROPERTY

Art. -1/. The followin" thin"s are dee#ed to
be personal propert!?
(1) Those #ovables s$sceptible of
appropriation which are not incl$ded in the
precedin" article;
(2) 0eal propert! which b! an! special
provision of law is considered as personal
propert!;
(*) Dorces of nat$re which are bro$"ht $nder
control b! science; and
(-) +n "eneral) all thin"s which can be
transported fro# place to place witho$t
i#pair#ent of the real propert! to which
the! are ,ed. (**.a)
Art. -12. The followin" are also considered as
personal propert!?
(1) %bli"ations and actions which have for
their ob1ect #ovables or de#andable s$#s;
and
(2) Chares of stock of a"ric$lt$ral)
co##ercial and ind$strial entities) altho$"h
the! #a! have real estate. (**/a)
Art. -16. @ovable propert! is either
cons$#able or noncons$#able. To the rst
class belon" those #ovables which cannot
be $sed in a #anner appropriate to their
nat$re witho$t their bein" cons$#ed; to the
second class belon" all the others. (**2)

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

Art. -18. Propert! is either of p$blic do#inion
or of private ownership. (**6)
Art. -2:. The followin" thin"s are propert! of
p$blic do#inion?
(1) Those intended for p$blic $se) s$ch as
roads) canals) rivers) torrents) ports and
brid"es constr$cted b! the Ctate) banks)
shores) roadsteads) and others of si#ilar
character;
(2) Those which belon" to the Ctate) witho$t
bein" for p$blic $se) and are intended for
so#e p$blic service or for the develop#ent
of the national wealth. (**8a)
Art. -21. All other propert! of the Ctate)
which is not of the character stated in the
precedin" article) is patri#onial propert!.
(*-:a)
Art. -22. Propert! of p$blic do#inion) when
no lon"er intended for p$blic $se or for
p$blic service) shall for# part of the
patri#onial propert! of the Ctate. (*-1a)
Art. -2*. The propert! of provinces) cities)
and #$nicipalities is divided into propert! for
p$blic $se and patri#onial propert!. (*-*)
Art. -2-. Propert! for p$blic $se) in the
provinces) cities) and #$nicipalities) consist
of the provincial roads) cit! streets)
#$nicipal streets) the s3$ares) fo$ntains)
p$blic waters) pro#enades) and p$blic works
for p$blic service paid for b! said provinces)
cities) or #$nicipalities.
All other propert! possessed b! an! of the#
is patri#onial and shall be "overned b! this
Code) witho$t pre1$dice to the provisions of
special laws. (*--a)
Art. -2.. Propert! of private ownership)
besides the patri#onial propert! of the
Ctate) provinces) cities) and #$nicipalities)
consists of all propert! belon"in" to private
persons) either individ$all! or collectivel!.
(*-.a)

PROVISIONS COMMON TO THE THREE
PRECEDIN% CHAPTERS

Art. -2/. 5henever b! provision of the law)
or an individ$al declaration) the e,pression
"i##ovable thin"s or propert!)" or "#ovable
thin"s or propert!)" is $sed) it shall be
dee#ed to incl$de) respectivel!) the thin"s
en$#erated in Chapter 1 and Chapter 2.
5henever the word "#$ebles)" or "f$rnit$re)"
is $sed alone) it shall not be dee#ed to
incl$de #one!) credits) co##ercial
sec$rities) stocks and bonds) 1ewelr!)
scientic or artistic collections) books)
#edals) ar#s) clothin") horses or carria"es
and their accessories) "rains) li3$ids and
#erchandise) or other thin"s which do not
have as their principal ob1ect 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 contrar! clearl! appears.
(*-/a)

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

Art. -22. %wnership #a! be e,ercised over
thin"s or ri"hts. (n)
Art. -26. The owner has the ri"ht to en1o!
and dispose of a thin") witho$t other
li#itations than those established b! law.
The owner has also a ri"ht of action a"ainst
the holder and possessor of the thin" in
order to recover it. (*-6a)
Art. -28. The owner or lawf$l possessor of a
thin" has the ri"ht to e,cl$de an! person
fro# the en1o!#ent and disposal thereof. Dor
this p$rpose) he #a! $se s$ch force as #a!
be reasonabl! necessar! to repel or prevent
an act$al or threatened $nlawf$l ph!sical
invasion or $s$rpation of his propert!. (n)
Art. -*:. =ver! owner #a! enclose or fence
his land or tene#ents b! #eans of walls)
ditches) live or dead hed"es) or b! an! other
#eans witho$t detri#ent to servit$des
constit$ted thereon. (*66)
Art. -*1. The owner of a thin" cannot #ake
$se thereof in s$ch #anner as to in1$re the
ri"hts of a third person. (n)
Art. -*2. The owner of a thin" has no ri"ht to
prohibit the interference of another with the
sa#e) if the interference is necessar! to
avert an i##inent dan"er and the
threatened da#a"e) co#pared to the
da#a"e arisin" to the owner fro# the
interference) is #$ch "reater. The owner
#a! de#and fro# the person beneted
inde#nit! for the da#a"e to hi#. (n)
Art. -**. Act$al possession $nder clai# of
ownership raises disp$table pres$#ption of
ownership. The tr$e owner #$st resort to
1$dicial process for the recover! of the
propert!. (n)
Art. -*-. +n an action to recover) the propert!
#$st be identied) and the plaintif #$st rel!
on the stren"th of his title and not on the
weakness of the defendant>s clai#. (n)
Art. -*.. 9o person shall be deprived of his
propert! e,cept b! co#petent a$thorit! and
for p$blic $se and alwa!s $pon pa!#ent of
1$st co#pensation.
Cho$ld this re3$ire#ent be not rst co#plied
with) the co$rts shall protect and) in a proper
case) restore the owner in his possession.
(*-8a)
Art. -*/. 5hen an! propert! is conde#ned
or sei(ed b! co#petent a$thorit! in the
interest of health) safet! or sec$rit!) the
owner thereof shall not be entitled to
co#pensation) $nless he can show that s$ch
conde#nation or sei($re is $n1$stied. (n)
Art. -*2. The owner of a parcel of land is the
owner of its s$rface and of ever!thin" $nder
it) and he can constr$ct thereon an! works or
#ake an! plantations and e,cavations which
he #a! dee# proper) witho$t detri#ent to
servit$des and s$b1ect to special laws and
ordinances. <e cannot co#plain of the
reasonable re3$ire#ents of aerial navi"ation.
(*.:a)
Art. -*6. <idden treas$re belon"s to the
owner of the land) b$ildin") or other propert!
on which it is fo$nd.
9evertheless) when the discover! is #ade on
the propert! of another) or of the Ctate or
an! of its s$bdivisions) and b! chance) one4
half thereof shall be allowed to the nder. +f
the nder is a trespasser) he shall not be
entitled to an! share of the treas$re.
+f the thin"s fo$nd be of interest to science of
the arts) the Ctate #a! ac3$ire the# at their
1$st price) which shall be divided in
confor#it! with the r$le stated. (*.1a)
Art. -*8. F! treas$re is $nderstood) for le"al
p$rposes) an! hidden and $nknown deposit
of #one!) 1ewelr!) or other precio$s ob1ects)
the lawf$l ownership of which does not
appear. (*.2)

CHAPTER 3
RI%HT OF ACCESSION
%ENERAL PROVISIONS

Art. --:. The ownership of propert! "ives the
ri"ht b! accession to ever!thin" which is
prod$ced thereb!) or which is incorporated
or attached thereto) either nat$rall! or
articiall!. (*.*)

C=CT+%9 1. 4 0i"ht of Accession with 0espect
to
5hat is Prod$ced b! Propert!

Art. --1. To the owner belon"s?
(1) The nat$ral fr$its;
(2) The ind$strial fr$its;
(*) The civil fr$its. (*.-)
Art. --2. 9at$ral fr$its are the spontaneo$s
prod$cts of the soil) and the !o$n" and other
prod$cts of ani#als.
+nd$strial fr$its are those prod$ced b! lands
of an! kind thro$"h c$ltivation or labor.
Civil fr$its are the rents of b$ildin"s) the
price of leases of lands and other propert!
and the a#o$nt of perpet$al or life ann$ities
or other si#ilar inco#e. (*..a)
Art. --*. <e who receives the fr$its has the
obli"ation to pa! the e,penses #ade b! a
third person in their prod$ction) "atherin")
and preservation. (*./)
Art. ---. %nl! s$ch as are #anifest or born
are considered as nat$ral or ind$strial fr$its.
5ith respect to ani#als) it is s$&cient that
the! are in the wo#b of the #other)
altho$"h $nborn. (*.2)

C=CT+%9 2. 4 0i"ht of Accession with 0espect
to +##ovable Propert!

Art. --.. 5hatever is b$ilt) planted or sown
on the land of another and the i#prove#ents
or repairs #ade thereon) belon" to the owner
of the land) s$b1ect to the provisions of the
followin" articles. (*.6)
Art. --/. All works) sowin") and plantin" are
pres$#ed #ade b! the owner and at his
e,pense) $nless the contrar! is proved. (*.8)
Art. --2. The owner of the land who #akes
thereon) personall! or thro$"h another)
plantin"s) constr$ctions or works with the
#aterials of another) shall pa! their val$e;
and) if he acted in bad faith) he shall also be
obli"ed to the reparation of da#a"es. The
owner of the #aterials shall have the ri"ht to
re#ove the# onl! in case he can do so
witho$t in1$r! to the work constr$cted) or
witho$t the plantin"s) constr$ctions or works
bein" destro!ed. <owever) if the landowner
acted in bad faith) the owner of the #aterials
#a! re#ove the# in an! event) with a ri"ht
to be inde#nied for da#a"es. (*/:a)
Art. --6. The owner of the land on which
an!thin" has been b$ilt) sown or planted in
"ood faith) shall have the ri"ht to
appropriate as his own the works) sowin" or
plantin") after pa!#ent of the inde#nit!
provided for in Articles .-/ and .-6) or to
obli"e the one who b$ilt or planted to pa!
the price of the land) and the one who
sowed) the proper rent. <owever) the b$ilder
or planter cannot be obli"ed to b$! the land
if its val$e is considerabl! #ore than that of
the b$ildin" or trees. +n s$ch case) he shall
pa! reasonable rent) if the owner of the land
does not choose to appropriate the b$ildin"
or trees after proper inde#nit!. The parties
shall a"ree $pon the ter#s of the lease and
in case of disa"ree#ent) the co$rt shall ,
the ter#s thereof. (*/1a)
Art. --8. <e who b$ilds) plants or sows in
bad faith on the land of another) loses what
is b$ilt) planted or sown witho$t ri"ht to
inde#nit!. (*/2)
Art. -.:. The owner of the land on which
an!thin" has been b$ilt) planted or sown in
bad faith #a! de#and the de#olition of the
work) or that the plantin" or sowin" be
re#oved) in order to replace thin"s in their
for#er condition at the e,pense of the
person who b$ilt) planted or sowed; or he
#a! co#pel the b$ilder or planter to pa! 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#a"es fro# the b$ilder) planter or sower.
(n)
Art. -.2. The b$ilder) planter or sower in bad
faith is entitled to rei#b$rse#ent for the
necessar! e,penses of preservation of the
land. (n)
Art. -.*. +f there was bad faith) not onl! on
the part of the person who b$ilt) planted or
sowed on the land of another) b$t also on the
part of the owner of s$ch land) the ri"hts of
one and the other shall be the sa#e as
tho$"h both had acted in "ood faith.
+t is $nderstood that there is bad faith on the
part of the landowner whenever the act was
done with his knowled"e and witho$t
opposition on his part. (*.-a)
Art. -.-. 5hen the landowner acted in bad
faith and the b$ilder) planter or sower
proceeded in "ood faith) the provisions of
article --2 shall appl!. (n)
Art. -... +f the #aterials) plants or seeds
belon" to a third person who has not acted in
bad faith) the owner of the land shall answer
s$bsidiaril! for their val$e and onl! in the
event that the one who #ade $se of the#
has no propert! with which to pa!.
This provision shall not appl! if the owner
#akes $se of the ri"ht "ranted b! article
-.:. +f the owner of the #aterials) plants or
seeds has been paid b! the b$ilder) planter
or sower) the latter #a! 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
necessaril! e,cl$de ne"li"ence) which "ives
ri"ht to da#a"es $nder article 212/. (n)
Art. -.2. To the owners of lands ad1oinin" the
banks of rivers belon" the accretion which
the! "rad$all! receive fro# the efects of the
c$rrent of the waters. (**/)
Art. -.6. The owners of estates ad1oinin"
ponds or la"oons do not ac3$ire the land left
dr! b! the nat$ral decrease of the waters) or
lose that in$ndated b! the# in e,traordinar!
Eoods. (*/2)
Art. -.8. 5henever the c$rrent of a river)
creek or torrent se"re"ates 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 se"re"ated portion
belon"ed retains the ownership of it)
provided that he re#oves the sa#e within
two !ears. (*/6a)
Art. -/:. Trees $prooted and carried awa! b!
the c$rrent of the waters belon" to the
owner of the land $pon which the! #a! be
cast) if the owners do not clai# the# within
si, #onths. +f s$ch owners clai# the#) the!
shall pa! the e,penses inc$rred in "atherin"
the# or p$ttin" the# in a safe place. (*/8a)
Art. -/1. 0iver beds which are abandoned
thro$"h the nat$ral chan"e in the co$rse of
the waters ipso facto belon" to the owners
whose lands are occ$pied b! the new co$rse
in proportion to the area lost. <owever) the
owners of the lands ad1oinin" the old bed
shall have the ri"ht to ac3$ire the sa#e b!
pa!in" the val$e thereof) which val$e shall
not e,ceed the val$e of the area occ$pied b!
the new bed. (*2:a)
Art. -/2. 5henever a river) chan"in" its
co$rse b! nat$ral ca$ses) opens a new bed
thro$"h a private estate) this bed shall
beco#e of p$blic do#inion. (*22a)
Art. -/*. 5henever the c$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. <e also
retains it if a portion of land is separated
fro# the estate b! the c$rrent. (*2-)
Art. -/-. +slands which #a! be for#ed on the
seas within the 1$risdiction of the Philippines)
on lakes) and on navi"able or Eoatable rivers
belon" to the Ctate. (*21a)
Art. -/.. +slands which thro$"h s$ccessive
acc$#$lation of all$vial deposits are for#ed
in non4navi"able and non4Eoatable rivers)
belon" to the owners of the #ar"ins or banks
nearest to each of the#) or to the owners of
both #ar"ins if the island is in the #iddle of
the river) in which case it shall be divided
lon"it$dinall! in halves. +f a sin"le island th$s
for#ed be #ore distant fro# one #ar"in
than fro# the other) the owner of the nearer
#ar"in shall be the sole owner thereof.
(*2*a)

C=CT+%9 *. 4 0i"ht of Accession
with 0espect to @ovable Propert!

Art. -//. 5henever two #ovable thin"s
belon"in" to diferent owners are) witho$t
bad faith) $nited in s$ch a wa! that the!
for# a sin"le ob1ect) the owner of the
principal thin" ac3$ires the accessor!)
inde#nif!in" the for#er owner thereof for its
val$e. (*2.)
Art. -/2. The principal thin") as between two
thin"s incorporated) is dee#ed to be that to
which the other has been $nited as an
orna#ent) or for its $se or perfection. (*2/)
Art. -/6. +f it cannot be deter#ined b! the
r$le "iven in the precedin" article which of
the two thin"s incorporated is the principal
one) the thin" of the "reater val$e shall be
so considered) and as between two thin"s of
e3$al val$e) that of the "reater vol$#e.
+n paintin" and sc$lpt$re) writin"s) printed
#atter) en"ravin" and litho"raphs) the
board) #etal) stone) canvas) paper or
parch#ent shall be dee#ed the accessor!
thin". (*22)
Art. -/8. 5henever the thin"s $nited can be
separated witho$t in1$r!) their respective
owners #a! de#and their separation.
9evertheless) in case the thin" $nited for the
$se) e#bellish#ent or perfection of the
other) is #$ch #ore precio$s than the
principal thin") the owner of the for#er #a!
de#and its separation) even tho$"h the
thin" to which it has been incorporated #a!
s$fer so#e in1$r!. (*26)
Art. -2:. 5henever the owner of the
accessor! thin" has #ade the incorporation
in bad faith) he shall lose the thin"
incorporated and shall have the obli"ation to
inde#nif! the owner of the principal thin" for
the da#a"es he #a! have s$fered.
+f the one who has acted in bad faith is the
owner of the principal thin") the owner of the
accessor! thin" shall have a ri"ht to choose
between the for#er pa!in" hi# its val$e or
that the thin" belon"in" to hi# be
separated) even tho$"h for this p$rpose it be
necessar! to destro! the principal thin"; and
in both cases) f$rther#ore) there shall be
inde#nit! for da#a"es.
+f either one of the owners has #ade the
incorporation with the knowled"e and
witho$t the ob1ection of the other) their
respective ri"hts shall be deter#ined as
tho$"h both acted in "ood faith. (*28a)
Art. -21. 5henever the owner of the #aterial
e#plo!ed witho$t his consent has a ri"ht to
an inde#nit!) he #a! de#and that this
consist in the deliver! of a thin" e3$al in kind
and val$e) and in all other respects) to that
e#plo!ed) or else in the price thereof)
accordin" to e,pert appraisal. (*6:)
Art. -22. +f b! the will of their owners two
thin"s of the sa#e or diferent kinds are
#i,ed) or if the #i,t$re occ$rs b! chance)
and in the latter case the thin"s are not
separable witho$t in1$r!) each owner shall
ac3$ire a ri"ht proportional to the part
belon"in" to hi#) bearin" in #ind the val$e
of the thin"s #i,ed or conf$sed. (*61)
Art. -2*. +f b! the will of onl! one owner) b$t
in "ood faith) two thin"s of the sa#e or
diferent kinds are #i,ed or conf$sed) the
ri"hts of the owners shall be deter#ined b!
the provisions of the precedin" article.
+f the one who ca$sed the #i,t$re or
conf$sion acted in bad faith) he shall lose the
thin" belon"in" to hi# th$s #i,ed or
conf$sed) besides bein" obli"ed to pa!
inde#nit! for the da#a"es ca$sed to the
owner of the other thin" with which his own
was #i,ed. (*62)
Art. -2-. %ne who in "ood faith e#plo!s the
#aterial of another in whole or in part in
order to #ake a thin" of a diferent kind)
shall appropriate the thin" th$s transfor#ed
as his own) inde#nif!in" 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$e) its
owner #a!) at his option) appropriate the
new thin" to hi#self) after rst pa!in"
inde#nit! for the val$e of the work) or
de#and inde#nit! for the #aterial.
+f in the #akin" of the thin" bad faith
intervened) the owner of the #aterial shall
have the ri"ht to appropriate the work to
hi#self witho$t pa!in" an!thin" to the
#aker) or to de#and of the latter that he
inde#nif! hi# for the val$e of the #aterial
and the da#a"es he #a! have s$fered.
<owever) the owner of the #aterial cannot
appropriate the work in case the val$e of the
latter) for artistic or scientic reasons) is
considerabl! #ore than that of the #aterial.
(*6*a)
Art. -2.. +n the precedin" articles)
senti#ental val$e shall be d$l! appreciated.
(n)

CHAPTER 3
,UIETIN% OF TITLE (n)

Art. -2/. 5henever there is a clo$d on title
to real propert! or an! interest therein) b!
reason of an! instr$#ent) record) clai#)
enc$#brance or proceedin" which is
apparentl! valid or efective b$t is in tr$th
and in fact invalid) inefective) voidable) or
$nenforceable) and #a! be pre1$dicial to
said title) an action #a! be bro$"ht to
re#ove s$ch clo$d or to 3$iet the title.
An action #a! also be bro$"ht to prevent a
clo$d fro# bein" cast $pon title to real
propert! or an! interest therein.
Art. -22. The plaintif #$st have le"al or
e3$itable title to) or interest in the real
propert! which is the s$b1ect #atter of the
action. <e need not be in possession of said
propert!.
Art. -26. There #a! also be an action to
3$iet title or re#ove a clo$d therefro# when
the contract) instr$#ent or other obli"ation
has been e,tin"$ished or has ter#inated) or
has been barred b! e,tinctive prescription.
Art. -28. The plaintif #$st ret$rn to the
defendant all benets he #a! have received
fro# the latter) or rei#b$rse hi# for
e,penses that #a! have redo$nded to the
plaintif>s benet.
Art. -6:. The principles of the "eneral law on
the 3$ietin" of title are hereb! adopted
insofar as the! are not in conEict with this
Code.
Art. -61. The proced$re for the 3$ietin" of
title or the re#oval of a clo$d therefro# shall
be "overned b! s$ch r$les of co$rt as the
C$pre#e Co$rt shall pro#$l"ated.

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

Art. -62. +f a b$ildin") wall) col$#n) or an!
other constr$ction is in dan"er of fallin") the
owner shall be obli"ed to de#olish it or to
e,ec$te the necessar! work in order to
prevent it fro# fallin".
+f the proprietor does not co#pl! with this
obli"ation) the ad#inistrative a$thorities
#a! order the de#olition of the str$ct$re at
the e,pense of the owner) or take #eas$res
to ins$re p$blic safet!. (*68a)
Art. -6*. 5henever a lar"e tree threatens to
fall in s$ch a wa! as to ca$se da#a"e to the
land or tene#ent of another or to travelers
over a p$blic or private road) the owner of
the tree shall be obli"ed to fell and re#ove
it; and sho$ld he not do so) it shall be done
at his e,pense b! order of the ad#inistrative
a$thorities. (*8:a)

Title +++. 4 C%4%59=0C<+P

Art. -6-. There is co4ownership whenever the
ownership of an $ndivided thin" or ri"ht
belon"s to diferent persons.
+n defa$lt of contracts) or of special
provisions) co4ownership shall be "overned
b! the provisions of this Title. (*82)
Art. -6.. The share of the co4owners) in the
benets as well as in the char"es) shall be
proportional to their respective interests. An!
stip$lation in a contract to the contrar! shall
be void.
The portions belon"in" to the co4owners in
the co4ownership shall be pres$#ed e3$al)
$nless the contrar! is proved. (*8*a)
Art. -6/. =ach co4owner #a! $se the thin"
owned in co##on) provided he does so in
accordance with the p$rpose for which it is
intended and in s$ch a wa! as not to in1$re
the interest of the co4ownership or prevent
the other co4owners fro# $sin" it accordin"
to their ri"hts. The p$rpose of the co4
ownership #a! be chan"ed b! a"ree#ent)
e,press or i#plied. (*8-a)
Art. -62. An! one of the co4owners #a! brin"
an action in e1ect#ent. (n)
Art. -66. =ach co4owner shall have a ri"ht to
co#pel the other co4owners to contrib$te to
the e,penses of preservation of the thin" or
ri"ht owned in co##on and to the ta,es.
An! one of the latter #a! e,e#pt hi#self
fro# this obli"ation b! reno$ncin" so #$ch
of his $ndivided interest as #a! be
e3$ivalent to his share of the e,penses and
ta,es. 9o s$ch waiver shall be #ade if it is
pre1$dicial to the co4ownership. (*8.a)
Art. -68. 0epairs for preservation #a! be
#ade at the will of one of the co4owners) b$t
he #$st) if practicable) rst notif! his co4
owners of the necessit! for s$ch repairs.
=,penses to i#prove or e#bellish the thin"
shall be decided $pon b! a #a1orit! as
deter#ined in Article -82. (n)
Art. -8:. 5henever the diferent stories of a
ho$se belon" to diferent owners) if the titles
of ownership do not specif! the ter#s $nder
which the! sho$ld contrib$te to the
necessar! e,penses and there e,ists no
a"ree#ent on the s$b1ect) the followin" r$les
shall be observed?
(1) The #ain and part! walls) the roof and
the other thin"s $sed in co##on) shall be
preserved at the e,pense of all the owners in
proportion to the val$e of the stor! belon"in"
to each;
(2) =ach owner shall bear the cost of
#aintainin" the Eoor of his stor!; the Eoor of
the entrance) front door) co##on !ard and
sanitar! works co##on to all) shall be
#aintained at the e,pense of all the owners
pro rata;
(*) The stairs fro# the entrance to the rst
stor! shall be #aintained at the e,pense of
all the owners pro rata) with the e,ception of
the owner of the "ro$nd Eoor; the stairs fro#
the rst to the second stor! shall be
preserved at the e,pense of all) e,cept the
owner of the "ro$nd Eoor and the owner of
the rst stor!; and so on s$ccessivel!. (*8/)
Art. -81. 9one of the co4owners shall)
witho$t the consent of the others) #ake
alterations in the thin" owned in co##on)
even tho$"h benets for all wo$ld res$lt
therefro#. <owever) if the withholdin" of the
consent b! one or #ore of the co4owners is
clearl! pre1$dicial to the co##on interest)
the co$rts #a! aford ade3$ate relief. (*82a)
Art. -82. Dor the ad#inistration and better
en1o!#ent of the thin" owned in co##on)
the resol$tions of the #a1orit! of the co4
owners shall be bindin".
There shall be no #a1orit! $nless the
resol$tion is approved b! the co4owners who
represent the controllin" interest in the
ob1ect of the co4ownership.
Cho$ld there be no #a1orit!) or sho$ld the
resol$tion of the #a1orit! be serio$sl!
pre1$dicial to those interested in the propert!
owned in co##on) the co$rt) at the instance
of an interested part!) shall order s$ch
#eas$res as it #a! dee# proper) incl$din"
the appoint#ent of an ad#inistrator.
5henever a part of the thin" belon"s
e,cl$sivel! to one of the co4owners) and the
re#ainder is owned in co##on) the
precedin" provision shall appl! onl! to the
part owned in co##on. (*86)
Art. -8*. =ach co4owner shall have the f$ll
ownership of his part and of the fr$its and
benets pertainin" thereto) and he #a!
therefore alienate) assi"n or #ort"a"e it) and
even s$bstit$te another person in its
en1o!#ent) e,cept when personal ri"hts are
involved. F$t the efect of the alienation or
the #ort"a"e) with respect to the co4owners)
shall be li#ited to the portion which #a! be
alloted to hi# in the division $pon the
ter#ination of the co4ownership. (*88)
Art. -8-. 9o co4owner shall be obli"ed to
re#ain in the co4ownership. =ach co4owner
#a! de#and at an! ti#e the partition of the
thin" owned in co##on) insofar as his share
is concerned.
9evertheless) an a"ree#ent to keep the
thin" $ndivided for a certain period of ti#e)
not e,ceedin" ten !ears) shall be valid. This
ter# #a! be e,tended b! a new a"ree#ent.
A donor or testator #a! prohibit partition for
a period which shall not e,ceed twent!
!ears.
9either shall there be an! partition when it is
prohibited b! law.
9o prescription shall r$n in favor of a co4
owner or co4heir a"ainst his co4owners or co4
heirs so lon" as he e,pressl! or i#pliedl!
reco"ni(es the co4ownership. (-::a)
Art. -8.. 9otwithstandin" the provisions of
the precedin" article) the co4owners cannot
de#and a ph!sical division of the thin"
owned in co##on) when to do so wo$ld
render it $nserviceable for the $se for which
it is intended. F$t the co4ownership #a! be
ter#inated in accordance with Article -86.
(-:1a)
Art. -8/. Partition #a! be #ade b!
a"ree#ent between the parties or b! 1$dicial
proceedin"s. Partition shall be "overned b!
the 0$les of Co$rt insofar as the! are
consistent with this Code. (-:2)
Art. -82. The creditors or assi"nees of the
co4owners #a! take part in the division of
the thin" owned in co##on and ob1ect to its
bein" efected witho$t their conc$rrence. F$t
the! cannot i#p$"n an! partition alread!
e,ec$ted) $nless there has been fra$d) or in
case it was #ade notwithstandin" a for#al
opposition presented to prevent it) witho$t
pre1$dice to the ri"ht of the debtor or
assi"nor to #aintain its validit!. (-:*)
Art. -86. 5henever the thin" is essentiall!
indivisible and the co4owners cannot a"ree
that it be allotted to one of the# who shall
inde#nif! the others) it shall be sold and its
proceeds distrib$ted. (-:-)
Art. -88. The partition of a thin" owned in
co##on shall not pre1$dice third persons)
who shall retain the ri"hts of #ort"a"e)
servit$de or an! other real ri"hts belon"in"
to the# before the division was #ade.
Personal ri"hts pertainin" to third persons
a"ainst the co4ownership shall also re#ain in
force) notwithstandin" the partition. (-:.)
Art. .::. Bpon partition) there shall be a
#$t$al acco$ntin" for benets received and
rei#b$rse#ents for e,penses #ade.
Likewise) each co4owner shall pa! for
da#a"es ca$sed b! reason of his ne"li"ence
or fra$d. (n)
Art. .:1. =ver! co4owner shall) after
partition) be liable for defects of title and
3$alit! of the portion assi"ned to each of the
other co4owners. (n)

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

C=CT+%9 1. 4 %wnership of 5aters

Art. .:2. The followin" are of p$blic
do#inion?
(1) 0ivers and their nat$ral beds;
(2) Contin$o$s or inter#ittent waters of
sprin"s and brooks r$nnin" in their nat$ral
beds and the beds the#selves;
(*) 5aters risin" contin$o$sl! or
inter#ittentl! on lands of p$blic do#inion;
(-) Lakes and la"oons for#ed b! 9at$re on
p$blic lands) and their beds;
(.) 0ain waters r$nnin" thro$"h ravines or
sand beds) which are also of p$blic do#inion;
(/) C$bterranean waters on p$blic lands;
(2) 5aters fo$nd within the (one of operation
of p$blic works) even if constr$cted b! a
contractor;
(6) 5aters risin" contin$o$sl! or
inter#ittentl! on lands belon"in" to private
persons) to the Ctate) to a province) or to a
cit! or a #$nicipalit! fro# the #o#ent the!
leave s$ch lands;
(8) The waste waters of fo$ntains) sewers
and p$blic establish#ents. (-:2)
Art. .:*. The followin" are of private
ownership?
(1) Contin$o$s or inter#ittent waters risin"
on lands of private ownership) while r$nnin"
thro$"h the sa#e;
(2) Lakes and la"oons) and their beds)
for#ed b! 9at$re on s$ch lands;
(*) C$bterranean waters fo$nd on the sa#e;
(-) 0ain waters fallin" on said lands) as lon"
as the! re#ain within the bo$ndaries;
(.) The beds of Eowin" waters) contin$o$s or
inter#ittent) for#ed b! rain water) and those
of brooks) crossin" lands which are not of
p$blic do#inion.
+n ever! drain or a3$ed$ct) the water) bed)
banks and Eood"ates shall be considered as
an inte"ral part of the land of b$ildin" for
which the waters are intended. The owners
of lands) thro$"h which or alon" the
bo$ndaries of which the a3$ed$ct passes)
cannot clai# ownership over it) or an! ri"ht
to the $se of its bed or banks) $nless the
clai# is based on titles of ownership
specif!in" the ri"ht or ownership clai#ed.
(-:6)
C=CT+%9 2. 4 The Bse of P$blic 5aters

Art. .:-. The $se of p$blic waters is
ac3$ired?
(1) F! ad#inistrative concession;
(2) F! prescription for ten !ears.
The e,tent of the ri"hts and obli"ations of
the $se shall be that established) in the rst
case) b! the ter#s of the concession) and) in
the second case) b! the #anner and for# in
which the waters have been $sed. (-:8a)
Art. .:.. =ver! concession for the $se of
waters is $nderstood to be witho$t pre1$dice
to third persons. (-1:)
Art. .:/. The ri"ht to #ake $se of p$blic
waters is e,tin"$ished b! the lapse of the
concession and b! non4$ser for ve !ears.
(-11a)

C=CT+%9 *. 4 The Bse of 5aters of Private
%wnership

Art. .:2. The owner of a piece of land on
which a sprin" or brook rises) be it
contin$o$s or inter#ittent) #a! $se its
waters while the! r$n thro$"h the sa#e) b$t
after the waters leave the land the! shall
beco#e p$blic) and their $se shall be
"overned b! the Cpecial Law of 5aters of
A$"$st *) 16//) and b! the +rri"ation Law.
(-12a)
Art. .:6. The private ownership of the beds
of rain waters does not "ive a ri"ht to #ake
works or constr$ctions which #a! chan"e
their co$rse to the da#a"e of third persons)
or whose destr$ction) b! the force of Eoods)
#a! ca$se s$ch da#a"e. (-1*)
Art. .:8. 9o one #a! enter private propert!
to search waters or #ake $se of the#
witho$t per#ission fro# the owners) e,cept
as provided b! the @inin" Law. (-1-a)
Art. .1:. The ownership which the proprietor
of a piece of land has over the waters risin"
thereon does not pre1$dice the ri"hts which
the owners of lower estates #a! have le"all!
ac3$ired to the $se thereof. (-1.)
Art. .11. =ver! owner of a piece of land has
the ri"ht to constr$ct within his propert!)
reservoirs for rain waters) provided he
ca$ses no da#a"e to the p$blic or to third
persons. (-1/)

C=CT+%9 -. 4 C$bterranean 5aters

Art. .12. %nl! the owner of a piece of land)
or another person with his per#ission) #a!
#ake e,plorations thereon for s$bterranean
waters) e,cept as provided b! the @inin"
Law.
=,plorations for s$bterranean waters on
lands of p$blic do#inion #a! be #ade onl!
with the per#ission of the ad#inistrative
a$thorities. (-12a)
Art. .1*. 5aters articiall! bro$"ht forth in
accordance with the Cpecial Law of 5aters of
A$"$st *) 16//) belon" to the person who
bro$"ht the# $p. (-16)
Art. .1-. 5hen the owner of waters
articiall! bro$"ht to the s$rface abandons
the# to their nat$ral co$rse) the! shall
beco#e of p$blic do#inion. (-18)

C=CT+%9 .. 4 'eneral Provisions

Art. .1.. The owner of a piece of land on
which there are defensive works to check
waters) or on which) d$e to a chan"e of their
co$rse) it #a! be necessar! to reconstr$ct
s$ch works) shall be obli"ed) at his election)
either to #ake the necessar! repairs or
constr$ction hi#self) or to per#it the# to be
done) witho$t da#a"e to hi#) b! the owners
of the lands which s$fer or are clearl!
e,posed to s$fer in1$r!. (-2:)
Art. .1/. The provisions of the precedin"
article are applicable to the case in which it
#a! be necessar! to clear a piece of land of
#atter) whose acc$#$lation or fall #a!
obstr$ct the co$rse of the waters) to the
da#a"e or peril of third persons. (-21)
Art. .12. All the owners who participate in
the benets arisin" fro# the works referred
to in the two precedin" articles) shall be
obli"ed to contrib$te to the e,penses of
constr$ction in proportion to their respective
interests. Those who b! their fa$lt #a! have
ca$sed the da#a"e shall be liable for the
e,penses. (-22)
Art. .16. All #atters not e,pressl!
deter#ined b! the provisions of this Chapter
shall be "overned b! the special Law of
5aters of A$"$st *) 16//) and b! the
+rri"ation Law. (-2.a)

C<APT=0 2
@+9=0ALC

Art. .18. @inin" clai#s and ri"hts and other
#atters concernin" #inerals and #ineral
lands are "overned b! special laws. (-22a)

C<APT=0 *
T0AH=4@A0LC A9H T0AH=49A@=C

Art. .2:. A trade4#ark or trade4na#e d$l!
re"istered in the proper "overn#ent b$rea$
or o&ce is owned b! and pertains to the
person) corporation) or r# re"isterin" the
sa#e) s$b1ect to the provisions of special
laws. (n)
Art. .21. The "oodwill of a b$siness is
propert!) and #a! be transferred to"ether
with the ri"ht to $se the na#e $nder which
the b$siness is cond$cted. (n)
Art. .22. Trade4#arks and trade4na#es are
"overned b! special laws. (n)

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

Art. .2*. Possession is the holdin" of a thin"
or the en1o!#ent of a ri"ht. (-*:a)
Art. .2-. Possession #a! be e,ercised in
one>s own na#e or in that of another. (-1*a)
Art. .2.. The possession of thin"s or ri"hts
#a! be had in one of two concepts? either in
the concept of owner) or in that of the holder
of the thin" or ri"ht to keep or en1o! it) the
ownership pertainin" to another person.
(-*2)
Art. .2/. <e is dee#ed a possessor in "ood
faith who is not aware that there e,ists in his
title or #ode of ac3$isition an! Eaw which
invalidates it.
<e is dee#ed a possessor in bad faith who
possesses in an! case contrar! to the
fore"oin".
@istake $pon a do$btf$l or di&c$lt 3$estion
of law #a! be the basis of "ood faith. (-**a)
Art. .22. 'ood faith is alwa!s pres$#ed) and
$pon hi# who alle"es bad faith on the part
of a possessor rests the b$rden of proof.
(-*-)
Art. .26. Possession ac3$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 $naware that
he possesses the thin" i#properl! or
wron"f$ll!. (-*.a)
Art. .28. +t is pres$#ed that possession
contin$es to be en1o!ed in the sa#e
character in which it was ac3$ired) $ntil the
contrar! is proved. (-*/)
Art. .*:. %nl! thin"s and ri"hts which are
s$sceptible of bein" appropriated #a! be the
ob1ect of possession. (-*2)

CHAPTER 2
AC,UISITION OF POSSESSION
Art. .*1. Possession is ac3$ired b! the
#aterial occ$pation of a thin" or the e,ercise
of a ri"ht) or b! the fact that it is s$b1ect to
the action of o$r will) or b! the proper acts
and le"al for#alities established for
ac3$irin" s$ch ri"ht. (-*6a)
Art. .*2. Possession #a! be ac3$ired b! the
sa#e person who is to en1o! it) b! his le"al
representative) b! his a"ent) or b! an!
person witho$t an! power whatever? b$t in
the last case) the possession shall not be
considered as ac3$ired $ntil the person in
whose na#e the act of possession was
e,ec$ted has ratied the sa#e) witho$t
pre1$dice to the 1$ridical conse3$ences of
ne"otior$# "estio in a proper case. (-*8a)
Art. .**. The possession of hereditar!
propert! is dee#ed trans#itted to the heir
witho$t interr$ption and fro# the #o#ent of
the death of the decedent) in case the
inheritance is accepted.
%ne who validl! reno$nces an inheritance is
dee#ed never to have possessed the sa#e.
(--:)
Art. .*-. %n who s$cceeds b! hereditar! title
shall not s$fer the conse3$ences of the
wron"f$l possession of the decedent) if it is
not shown that he was aware of the Eaws
afectin" it; b$t the efects of possession in
"ood faith shall not benet hi# e,cept fro#
the date of the death of the decedent. (--2)
Art. .*.. @inors and incapacitated persons
#a! ac3$ire the possession of thin"s; b$t
the! need the assistance of their le"al
representatives in order to e,ercise the
ri"hts which fro# the possession arise in
their favor. (--*)
Art. .*/. +n no case #a! possession be
ac3$ired thro$"h force or inti#idation as
lon" as there is a possessor who ob1ects
thereto. <e who believes that he has an
action or a ri"ht to deprive another of the
holdin" of a thin") #$st invoke the aid of the
co#petent co$rt) if the holder sho$ld ref$se
to deliver the thin". (--1a)
Art. .*2. Acts #erel! tolerated) and those
e,ec$ted clandestinel! and witho$t the
knowled"e of the possessor of a thin") or b!
violence) do not afect possession. (---)
Art. .*6. Possession as a fact cannot be
reco"ni(ed at the sa#e ti#e in two diferent
personalities e,cept in the cases of co4
possession. Cho$ld a 3$estion arise
re"ardin" the fact of possession) the present
possessor shall be preferred; if there are two
possessors) the one lon"er in possession; if
the dates of the possession are the sa#e)
the one who presents a title; and if all these
conditions are e3$al) the thin" shall be
placed in 1$dicial deposit pendin"
deter#ination of its possession or ownership
thro$"h proper proceedin"s. (--.)

CHAPTER 3
EFFECTS OF POSSESSION

Art. .*8. =ver! possessor has a ri"ht to be
respected in his possession; and sho$ld he
be dist$rbed therein he shall be protected in
or restored to said possession b! the #eans
established b! the laws and the 0$les of
Co$rt.
A possessor deprived of his possession
thro$"h forcible entr! #a! within ten da!s
fro# the lin" of the co#plaint present a
#otion to sec$re fro# the co#petent co$rt)
in the action for forcible entr!) a writ of
preli#inar! #andator! in1$nction to restore
hi# in his possession. The co$rt shall decide
the #otion within thirt! (*:) da!s fro# the
lin" thereof. (--/a)
Art. .-:. %nl! the possession ac3$ired and
en1o!ed in the concept of owner can serve as
a title for ac3$irin" do#inion. (--2)
Art. .-1. A possessor in the concept of owner
has in his favor the le"al pres$#ption that he
possesses with a 1$st title and he cannot be
obli"ed to show or prove it. (--6a)
Art. .-2. The possession of real propert!
pres$#es that of the #ovables therein) so
lon" as it is not shown or proved that the!
sho$ld be e,cl$ded. (--8)
Art. .-*. =ach one of the participants of a
thin" possessed in co##on shall be dee#ed
to have e,cl$sivel! possessed the part which
#a! be allotted to hi# $pon the division
thereof) for the entire period d$rin" which
the co4possession lasted. +nterr$ption in the
possession of the whole or a part of a thin"
possessed in co##on shall be to the
pre1$dice of all the possessors. <owever) in
case of civil interr$ption) the 0$les of Co$rt
shall appl!. (-.:a)
Art. .--. A possessor in "ood faith is entitled
to the fr$its received before the possession is
le"all! interr$pted.
9at$ral and ind$strial fr$its are considered
received fro# the ti#e the! are "athered or
severed.
Civil fr$its are dee#ed to accr$e dail! and
belon" to the possessor in "ood faith in that
proportion. (-.1)
Art. .-.. +f at the ti#e the "ood faith ceases)
there sho$ld be an! nat$ral or ind$strial
fr$its) the possessor shall have a ri"ht to a
part of the e,penses of c$ltivation) and to a
part of the net harvest) both in proportion to
the ti#e of the possession.
The char"es shall be divided on the sa#e
basis b! the two possessors.
The owner of the thin" #a!) sho$ld he so
desire) "ive the possessor in "ood faith the
ri"ht to nish the c$ltivation and "atherin" of
the "rowin" fr$its) as an inde#nit! for his
part of the e,penses of c$ltivation and the
net proceeds; the possessor in "ood faith
who for an! reason whatever sho$ld ref$se
to accept this concession) shall lose the ri"ht
to be inde#nied in an! other #anner.
(-.2a)
Art. .-/. 9ecessar! e,penses shall be
ref$nded to ever! possessor; b$t onl! the
possessor in "ood faith #a! retain the thin"
$ntil he has been rei#b$rsed therefor.
Bsef$l e,penses shall be ref$nded onl! to
the possessor in "ood faith with the sa#e
ri"ht 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 pa!in" the increase in val$e
which the thin" #a! have ac3$ired b!
reason thereof. (-.*a)
Art. .-2. +f the $sef$l i#prove#ents can be
re#oved witho$t da#a"e to the principal
thin") the possessor in "ood faith #a!
re#ove the#) $nless the person who
recovers the possession e,ercises the option
$nder para"raph 2 of the precedin" article.
(n)
Art. .-6. =,penses for p$re l$,$r! or #ere
pleas$re shall not be ref$nded to the
possessor in "ood faith; b$t he #a! re#ove
the orna#ents with which he has
e#bellished the principal thin" if it s$fers no
in1$r! thereb!) and if his s$ccessor in the
possession does not prefer to ref$nd the
a#o$nt e,pended. (-.-)
Art. .-8. The possessor in bad faith shall
rei#b$rse the fr$its received and those
which the le"iti#ate possessor co$ld have
received) and shall have a ri"ht onl! to the
e,penses #entioned in para"raph 1 of
Article .-/ and in Article --*. The e,penses
inc$rred in i#prove#ents for p$re l$,$r! or
#ere pleas$re shall not be ref$nded to the
possessor in bad faith) b$t he #a! re#ove
the ob1ects for which s$ch e,penses have
been inc$rred) provided that the thin" s$fers
no in1$r! thereb!) and that the lawf$l
possessor does not prefer to retain the# b!
pa!in" the val$e the! #a! have at the ti#e
he enters into possession. (--.a)
Art. ..:. The costs of liti"ation over the
propert! shall be borne b! ever! possessor.
(n)
Art. ..1. +#prove#ents ca$sed b! nat$re or
ti#e shall alwa!s ins$re to the benet of the
person who has s$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 ne"li"ence) after the 1$dicial
s$##ons.
A possessor in bad faith shall be liable for
deterioration or loss in ever! case) even if
ca$sed b! a fort$ito$s event. (-.2a)
Art. ..*. %ne who recovers possession shall
not be obli"ed to pa! for i#prove#ents
which have ceased to e,ist at the ti#e he
takes possession of the thin". (-.6)
Art. ..-. A present possessor who shows his
possession at so#e previo$s ti#e) is
pres$#ed to have held possession also
d$rin" the inter#ediate period) in the
absence of proof to the contrar!. (-.8)
Art. .... A possessor #a! lose his
possession?
(1) F! the abandon#ent of the thin";
(2) F! an assi"n#ent #ade to another either
b! onero$s or "rat$ito$s title;
(*) F! the destr$ction or total loss of the
thin") or beca$se it "oes o$t of co##erce;
(-) F! the possession of another) s$b1ect to
the provisions of Article .*2) if the new
possession has lasted lon"er than one !ear.
F$t the real ri"ht of possession is not lost till
after the lapse of ten !ears. (-/:a)
Art. ../. The possession of #ovables is not
dee#ed lost so lon" as the! re#ain $nder
the control of the possessor) even tho$"h for
the ti#e bein" he #a! not know their
whereabo$ts. (-/1)
Art. ..2. The possession of i##ovables and
of real ri"hts is not dee#ed lost) or
transferred for p$rposes of prescription to
the pre1$dice of third persons) e,cept in
accordance with the provisions of the
@ort"a"e Law and the Land 0e"istration
laws. (-/2a)
Art. ..6. Acts relatin" to possession)
e,ec$ted or a"reed to b! one who possesses
a thin" belon"in" to another as a #ere
holder to en1o! or keep it) in an! character)
do not bind or pre1$dice the owner) $nless he
"ave said holder e,press a$thorit! to do
s$ch acts) or raties the# s$bse3$entl!.
(-/*)
Art. ..8. The possession of #ovable propert!
ac3$ired in "ood faith is e3$ivalent to a title.
9evertheless) one who has lost an! #ovable
or has been $nlawf$ll! deprived thereof #a!
recover it fro# the person in possession of
the sa#e.
+f the possessor of a #ovable lost or which
the owner has been $nlawf$ll! deprived) has
ac3$ired it in "ood faith at a p$blic sale) the
owner cannot obtain its ret$rn witho$t
rei#b$rsin" the price paid therefor. (-/-a)
Art. ./:. 5ild ani#als are possessed onl!
while the! are $nder one>s control;
do#esticated or ta#ed ani#als are
considered do#estic or ta#e if the! retain
the habit of ret$rnin" to the pre#ises of the
possessor. (-/.)
Art. ./1. %ne who recovers) accordin" to
law) possession $n1$stl! lost) shall be
dee#ed for all p$rposes which #a! redo$nd
to his benet) to have en1o!ed it witho$t
interr$ption. (-//)

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

Art. ./2. Bs$fr$ct "ives a ri"ht to en1o! the
propert! of another with the obli"ation of
preservin" its for# and s$bstance) $nless
the title constit$tin" it or the law otherwise
provides. (-/2)
Art. ./*. Bs$fr$ct is constit$ted b! law) b!
the will of private persons e,pressed in acts
inter vivos or in a last will and testa#ent)
and b! prescription. (-/6)
Art. ./-. Bs$fr$ct #a! be constit$ted on the
whole or a part of the fr$its of the thin") in
favor of one #ore persons) si#$ltaneo$sl! or
s$ccessivel!) and in ever! case fro# or to a
certain da!) p$rel! or conditionall!. +t #a!
also be constit$ted on a ri"ht) provided it is
not strictl! personal or intrans#issible. (-/8)
Art. ./.. The ri"hts and obli"ations of the
$s$fr$ct$ar! shall be those provided in the
title constit$tin" the $s$fr$ct; in defa$lt of
s$ch title) or in case it is decient) the
provisions contained in the two followin"
Chapters shall be observed. (-2:)

CHAPTER 2
RI%HTS OF THE USUFRUCTUARY

Art. .//. The $s$fr$ct$ar! shall be entitled
to all the nat$ral) ind$strial and civil fr$its of
the propert! in $s$fr$ct. 5ith respect to
hidden treas$re which #a! be fo$nd on the
land or tene#ent) he shall be considered a
stran"er. (-21)
Art. ./2. 9at$ral or ind$strial fr$its "rowin"
at the ti#e the $s$fr$ct be"ins) belon" to
the $s$fr$ct$ar!.
Those "rowin" at the ti#e the $s$fr$ct
ter#inates) belon" to the owner.
+n the precedin" cases) the $s$fr$ct$ar!) at
the be"innin" of the $s$fr$ct) has no
obli"ation to ref$nd to the owner an!
e,penses inc$rred; b$t the owner shall be
obli"ed to rei#b$rse at the ter#ination of
the $s$fr$ct) fro# the proceeds of the
"rowin" fr$its) the ordinar! e,penses of
c$ltivation) for seed) and other si#ilar
e,penses inc$rred b! the $s$fr$ct$ar!.
The provisions of this article shall not
pre1$dice the ri"hts of third persons)
ac3$ired either at the be"innin" or at the
ter#ination of the $s$fr$ct. (-22)
Art. ./6. +f the $s$fr$ct$ar! 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$ccessors shall receive onl! the
proportionate share of the rent that #$st be
paid b! the lessee. (-2*)
Art. ./8. Civil fr$its are dee#ed to accr$e
dail!) and belon" to the $s$fr$ct$ar! in
proportion to the ti#e the $s$fr$ct #a! last.
(-2-)
Art. .2:. 5henever a $s$fr$ct is constit$ted
on the ri"ht to receive a rent or periodical
pension) whether in #one! or in fr$its) or in
the interest on bonds or sec$rities pa!able to
bearer) each pa!#ent d$e shall be
considered as the proceeds or fr$its of s$ch
ri"ht.
5henever it consists in the en1o!#ent of
benets accr$in" fro# a participation in an!
ind$strial or co##ercial enterprise) the date
of the distrib$tion of which is not ,ed) s$ch
benets shall have the sa#e character.
+n either case the! shall be distrib$ted as
civil fr$its) and shall be applied in the
#anner prescribed in the precedin" article.
(-2.)
Art. .21. The $s$fr$ct$ar! shall have the
ri"ht to en1o! an! increase which the thin" in
$s$fr$ct #a! ac3$ire thro$"h accession) the
servit$des established in its favor) and) in
"eneral) all the benets inherent therein.
(-28)
Art. .22. The $s$fr$ct$ar! #a! personall!
en1o! the thin" in $s$fr$ct) lease it to
another) or alienate his ri"ht of $s$fr$ct)
even b! a "rat$ito$s title; b$t all the
contracts he #a! enter into as s$ch
$s$fr$ct$ar! 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 a"ric$lt$ral !ear. (-6:)
Art. .2*. 5henever the $s$fr$ct incl$des
thin"s which) witho$t bein" cons$#ed)
"rad$all! deteriorate thro$"h wear and tear)
the $s$fr$ct$ar! shall have the ri"ht to #ake
$se thereof in accordance with the p$rpose
for which the! are intended) and shall not be
obli"ed to ret$rn the# at the ter#ination of
the $s$fr$ct e,cept in their condition at that
ti#e; b$t he shall be obli"ed to inde#nif!
the owner for an! deterioration the! #a!
have s$fered b! reason of his fra$d or
ne"li"ence. (-61)
Art. .2-. 5henever the $s$fr$ct incl$des
thin"s which cannot be $sed witho$t bein"
cons$#ed) the $s$fr$ct$ar! shall have the
ri"ht to #ake $se of the# $nder the
obli"ation of pa!in" their appraised val$e at
the ter#ination of the $s$fr$ct) if the! were
appraised when delivered. +n case the! were
not appraised) he shall have the ri"ht to
ret$rn at the sa#e 3$antit! and 3$alit!) or
pa! their c$rrent price at the ti#e the
$s$fr$ct ceases. (-62)
Art. .2.. The $s$fr$ct$ar! of fr$it4bearin"
trees and shr$bs #a! #ake $se of the dead
tr$nks) and even of those c$t of or $prooted
b! accident) $nder the obli"ation to replace
the# with new plants. (-6*a)
Art. .2/. +f in conse3$ence of a cala#it! or
e,traordinar! 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$ct$ar! #a! 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. (-6-a)
Art. .22. The $s$fr$ct$ar! of woodland #a!
en1o! all the benets which it #a! prod$ce
accordin" to its nat$re.
+f the woodland is a copse or consists of
ti#ber for b$ildin") the $s$fr$ct$ar! #a! do
s$ch ordinar! c$ttin" or fellin" as the owner
was in the habit of doin") and in defa$lt of
this) he #a! do so in accordance with the
c$sto# of the place) as to the #anner)
a#o$nt and season.
+n an! case the fellin" or c$ttin" of trees
shall be #ade in s$ch #anner as not to
pre1$dice the preservation of the land.
+n n$rseries) the $s$fr$ct$ar! #a! #ake the
necessar! thinnin"s in order that the
re#ainin" trees #a! properl! "row.
5ith the e,ception of the provisions of the
precedin" para"raphs) the $s$fr$ct$ar!
cannot c$t down trees $nless it be to restore
or i#prove so#e of the thin"s in $s$fr$ct)
and in s$ch case shall rst infor# the owner
of the necessit! for the work. (-6.)
Art. .26. The $s$fr$ct$ar! of an action to
recover real propert! or a real ri"ht) or an!
#ovable propert!) has the ri"ht to brin" the
action and to obli"e the owner thereof to
"ive hi# the a$thorit! for this p$rpose and to
f$rnish hi# whatever proof he #a! have. +f
in conse3$ence of the enforce#ent of the
action he ac3$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. (-6/)
Art. .28. The $s$fr$ct$ar! #a! #ake on the
propert! held in $s$fr$ct s$ch $sef$l
i#prove#ents or e,penses for #ere pleas$re
as he #a! dee# proper) provided he does
not alter its for# or s$bstance; b$t he shall
have no ri"ht to be inde#nied therefor. <e
#a!) however) re#ove s$ch i#prove#ents)
sho$ld it be possible to do so witho$t
da#a"e to the propert!. (-62)
Art. .6:. The $s$fr$ct$ar! #a! set of the
i#prove#ents he #a! have #ade on the
propert! a"ainst an! da#a"e to the sa#e.
(-66)
Art. .61. The owner of propert! the $s$fr$ct
of which is held b! another) #a! alienate it)
b$t he cannot alter its for# or s$bstance) or
do an!thin" thereon which #a! be
pre1$dicial to the $s$fr$ct$ar!. (-68)
Art. .62. The $s$fr$ct$ar! of a part of a
thin" held in co##on shall e,ercise all the
ri"hts pertainin" to the owner thereof with
respect to the ad#inistration and the
collection of fr$its or interest. Cho$ld the co4
ownership cease b! reason of the division of
the thin" held in co##on) the $s$fr$ct of the
part allotted to the co4owner shall belon" to
the $s$fr$ct$ar!. (-8:)

CHAPTER 3
OBLI%ATIONS OF THE USUFRUCTUARY

Art. .6*. The $s$fr$ct$ar!) before enterin"
$pon the en1o!#ent of the propert!) is
obli"ed?
(1) To #ake) after notice to the owner or his
le"iti#ate representative) an inventor! of all
the propert!) which shall contain an
appraisal of the #ovables and a description
of the condition of the i##ovables;
(2) To "ive sec$rit!) bindin" hi#self to f$lll
the obli"ations i#posed $pon hi# in
accordance with this Chapter. (-81)
Art. .6-. The provisions of 9o. 2 of the
precedin" article shall not appl! to the donor
who has reserved the $s$fr$ct of the
propert! donated) or to the parents who are
$s$fr$ct$aries of their children>s propert!)
e,cept when the parents contract a second
#arria"e. (-82a)
Art. .6.. The $s$fr$ct$ar!) whatever #a! be
the title of the $s$fr$ct) #a! be e,c$sed
fro# the obli"ation of #akin" an inventor! or
of "ivin" sec$rit!) when no one will be
in1$red thereb!. (-8*)
Art. .6/. Cho$ld the $s$fr$ct$ar! fail to "ive
sec$rit! in the cases in which he is bo$nd to
"ive it) the owner #a! de#and that the
i##ovables be placed $nder ad#inistration)
that the #ovables be sold) that the p$blic
bonds) instr$#ents of credit pa!able to order
or to bearer be converted into re"istered
certicates or deposited in a bank or p$blic
instit$tion) and that the capital or s$#s in
cash and the proceeds of the sale of the
#ovable propert! 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 propert!
placed $nder ad#inistration) shall belon" to
the $s$fr$ct$ar!.
D$rther#ore) the owner #a!) if he so prefers)
$ntil the $s$fr$ct$ar! "ives sec$rit! or is
e,c$sed fro# so doin") retain in his
possession the propert! in $s$fr$ct as
ad#inistrator) s$b1ect to the obli"ation to
deliver to the $s$fr$ct$ar! the net proceeds
thereof) after ded$ctin" the s$#s which #a!
be a"reed $pon or 1$diciall! allowed hi# for
s$ch ad#inistration. (-8-)
Art. .62. +f the $s$fr$ct$ar! who has not
"iven sec$rit! clai#s) b! virt$e of a pro#ise
$nder oath) the deliver! of the f$rnit$re
necessar! for his $se) and that he and his
fa#il! be allowed to live in a ho$se incl$ded
in the $s$fr$ct) the co$rt #a! "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
propert! necessar! for an ind$str! or
vocation in which he is en"a"ed.
+f the owner does not wish that certain
articles be sold beca$se of their artistic
worth or beca$se the! have a senti#ental
val$e) he #a! de#and their deliver! to hi#
$pon his "ivin" sec$rit! for the pa!#ent of
the le"al interest on their appraised val$e.
(-8.)
Art. .66. After the sec$rit! has been "iven b!
the $s$fr$ct$ar!) he shall have a ri"ht to all
the proceeds and benets fro# the da! on
which) in accordance with the title
constit$tin" the $s$fr$ct) he sho$ld have
co##enced to receive the#. (-8/)
Art. .68. The $s$fr$ct$ar! shall take care of
the thin"s "iven in $s$fr$ct as a "ood father
of a fa#il!. (-82)
Art. .8:. A $s$fr$ct$ar! who alienates or
leases his ri"ht of $s$fr$ct shall answer for
an! da#a"e which the thin"s in $s$fr$ct
#a! s$fer thro$"h the fa$lt or ne"li"ence of
the person who s$bstit$tes hi#. (-86)
Art. .81. +f the $s$fr$ct be constit$ted on a
Eock or herd of livestock) the $s$fr$ct$ar!
shall be obli"ed to replace with the !o$n"
thereof the ani#als that die each !ear fro#
nat$ral ca$ses) or are lost d$e to the
rapacit! of beasts of pre!.
+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$ct$ar!) on acco$nt of so#e
conta"io$s disease or an! other $nco##on
event) the $s$fr$ct$ar! shall f$lll his
obli"ation b! deliverin" to the owner the
re#ains which #a! have been saved fro#
the #isfort$ne.
Cho$ld the herd or Eock perish in part) also
b! accident and witho$t the fa$lt of the
$s$fr$ct$ar!) the $s$fr$ct shall contin$e on
the part saved.
Cho$ld the $s$fr$ct be on sterile ani#als) it
shall be considered) with respect to its
efects) as tho$"h constit$ted on f$n"ible
thin"s. (-88a)
Art. .82. The $s$fr$ct$ar! is obli"ed to #ake
the ordinar! repairs needed b! the thin"
"iven in $s$fr$ct.
F! ordinar! repairs are $nderstood s$ch as
are re3$ired b! the wear and tear d$e to the
nat$ral $se of the thin" and are
indispensable for its preservation. Cho$ld the
$s$fr$ct$ar! fail to #ake the# after de#and
b! the owner) the latter #a! #ake the# at
the e,pense of the $s$fr$ct$ar!. (.::)
Art. .8*. =,traordinar! repairs shall be at the
e,pense of the owner. The $s$fr$ct$ar! is
obli"ed to notif! the owner when the need
for s$ch repairs is $r"ent. (.:1)
Art. .8-. +f the owner sho$ld #ake the
e,traordinar! repairs) he shall have a ri"ht to
de#and of the $s$fr$ct$ar! the le"al interest
on the a#o$nt e,pended for the ti#e that
the $s$fr$ct lasts.
Cho$ld he not #ake the# when the! are
indispensable for the preservation of the
thin") the $s$fr$ct$ar! #a! #ake the#; b$t
he shall have a ri"ht to de#and of the
owner) at the ter#ination of the $s$fr$ct) the
increase in val$e which the i##ovable #a!
have ac3$ired b! reason of the repairs.
(.:2a)
Art. .8.. The owner #a! constr$ct an! works
and #ake an! i#prove#ents of which the
i##ovable in $s$fr$ct is s$sceptible) or
#ake new plantin"s 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$ct or
pre1$dice the ri"ht of the $s$fr$ct$ar!. (.:*)
Art. .8/. The pa!#ent of ann$al char"es and
ta,es and of those considered as a lien on
the fr$its) shall be at the e,pense of the
$s$fr$ct$ar! for all the ti#e that the $s$fr$ct
lasts. (.:-)
Art. .82. The ta,es which) d$rin" the
$s$fr$ct) #a! be i#posed directl! on the
capital) shall be at the e,pense of the owner.
+f the latter has paid the#) the $s$fr$ct$ar!
shall pa! hi# the proper interest on the
s$#s which #a! have been paid in that
character; and) if the said s$#s have been
advanced b! the $s$fr$ct$ar!) he shall
recover the a#o$nt thereof at the
ter#ination of the $s$fr$ct. (.:.)
Art. .86. +f the $s$fr$ct be constit$ted on the
whole of a patri#on!) and if at the ti#e of its
constit$tion the owner has debts) the
provisions of Articles 2.6 and 2.8 relatin" to
donations shall be applied) both with respect
to the #aintenance of the $s$fr$ct and to
the obli"ation of the $s$fr$ct$ar! to pa!
s$ch debts.
The sa#e r$le shall be applied in case the
owner is obli"ed) at the ti#e the $s$fr$ct is
constit$ted) to #ake periodical pa!#ents)
even if there sho$ld be no known capital.
(.:/)
Art. .88. The $s$fr$ct$ar! #a! clai# an!
#at$red credits which for# a part of the
$s$fr$ct if he has "iven or "ives the proper
sec$rit!. +f he has been e,c$sed fro# "ivin"
sec$rit! or has been able to "ive it) or if that
"iven is not s$&cient) he shall need the
a$thori(ation of the owner) or of the co$rt in
defa$lt thereof) to collect s$ch credits.
The $s$fr$ct$ar! who has "iven sec$rit! #a!
$se the capital he has collected in an!
#anner he #a! dee# proper. The
$s$fr$ct$ar! who has not "iven sec$rit! shall
invest the said capital at interest $pon
a"ree#ent with the owner; in defa$lt of s$ch
a"ree#ent) with 1$dicial a$thori(ation; and)
in ever! case) with sec$rit! s$&cient to
preserve the inte"rit! of the capital in
$s$fr$ct. (.:2)
Art. /::. The $s$fr$ct$ar! of a #ort"a"ed
i##ovable shall not be obli"ed to pa! the
debt for the sec$rit! of which the #ort"a"e
was constit$ted.
Cho$ld the i##ovable be attached or sold
1$diciall! for the pa!#ent of the debt) the
owner shall be liable to the $s$fr$ct$ar! for
whatever the latter #a! lose b! reason
thereof. (.:8)
Art. /:1. The $s$fr$ct$ar! shall be obli"ed to
notif! the owner of an! act of a third person)
of which he #a! have knowled"e) that #a!
be pre1$dicial to the ri"hts of ownership) and
he shall be liable sho$ld he not do so) for
da#a"es) as if the! had been ca$sed
thro$"h his own fa$lt. (.11)
Art. /:2. The e,penses) costs and liabilities
in s$its bro$"ht with re"ard to the $s$fr$ct
shall be borne b! the $s$fr$ct$ar!. (.12)

CHAPTER (
E'TIN%UISHMENT OF USUFRUCT

Art. /:*. Bs$fr$ct is e,tin"$ished?
(1) F! the death of the $s$fr$ct$ar!) $nless a
contrar! intention clearl! appears;
(2) F! the e,piration of the period for which
it was constit$ted) or b! the f$lll#ent of an!
resol$tor! condition provided in the title
creatin" the $s$fr$ct;
(*) F! #er"er of the $s$fr$ct and ownership
in the sa#e person;
(-) F! ren$nciation of the $s$fr$ct$ar!;
(.) F! the total loss of the thin" in $s$fr$ct;
(/) F! the ter#ination of the ri"ht of the
person constit$tin" the $s$fr$ct;
(2) F! prescription. (.1*a)
Art. /:-. +f the thin" "iven in $s$fr$ct sho$ld
be lost onl! in part) the ri"ht shall contin$e
on the re#ainin" part. (.1-)
Art. /:.. Bs$fr$ct cannot be constit$ted in
favor of a town) corporation) or association
for #ore than ft! !ears. +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 b! reason
thereof. (.1.a)
Art. /:/. A $s$fr$ct "ranted for the ti#e that
#a! elapse before a third person attains a
certain a"e) shall s$bsist for the n$#ber of
!ears specied) even if the third person
sho$ld die before the period e,pires) $nless
s$ch $s$fr$ct has been e,pressl! "ranted
onl! in consideration of the e,istence of s$ch
person. (.1/)
Art. /:2. +f the $s$fr$ct is constit$ted on
i##ovable propert! of which a b$ildin"
for#s part) and the latter sho$ld be
destro!ed in an! #anner whatsoever) the
$s$fr$ct$ar! shall have a ri"ht 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$ildin" onl! and the
sa#e sho$ld be destro!ed. F$t in s$ch a
case) if the owner sho$ld wish to constr$ct
another b$ildin") he shall have a ri"ht to
occ$p! the land and to #ake $se of the
#aterials) bein" obli"ed to pa! to the
$s$fr$ct$ar!) d$rin" the contin$ance of the
$s$fr$ct) the interest $pon the s$#
e3$ivalent to the val$e of the land and of the
#aterials. (.12)
Art. /:6. +f the $s$fr$ct$ar! 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 en1o!#ent of the new
b$ildin") sho$ld one be constr$cted) or shall
receive the interest on the ins$rance
inde#nit! if the owner does not wish to
reb$ild.
Cho$ld the $s$fr$ct$ar! 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#nit! in case of loss) savin" alwa!s the
ri"ht "ranted to the $s$fr$ct$ar! in the
precedin" article. (.16a)
Art. /:8. Cho$ld the thin" in $s$fr$ct be
e,propriated for p$blic $se) the owner shall
be obli"ed either to replace it with another
thin" of the sa#e val$e and of si#ilar
conditions) or to pa! the $s$fr$ct$ar! the
le"al interest on the a#o$nt of the inde#nit!
for the whole period of the $s$fr$ct. +f the
owner chooses the latter alternative) he shall
"ive sec$rit! for the pa!#ent of the interest.
(.18)
Art. /1:. A $s$fr$ct is not e,tin"$ished b!
bad $se of the thin" in $s$fr$ct; b$t if the
ab$se sho$ld ca$se considerable in1$r! to
the owner) the latter #a! de#and that the
thin" be delivered to hi#) bindin" hi#self to
pa! ann$all! to the $s$fr$ct$ar! the net
proceeds of the sa#e) after ded$ctin" the
e,penses and the co#pensation which #a!
be allowed hi# for its ad#inistration. (.2:)
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. Bpon the ter#ination of the
$s$fr$ct) the thin" in $s$fr$ct shall be
delivered to the owner) witho$t pre1$dice to
the ri"ht of retention pertainin" to the
$s$fr$ct$ar! or his heirs for ta,es and
e,traordinar! e,penses which sho$ld be
rei#b$rsed. After the deliver! has been
#ade) the sec$rit! or #ort"a"e shall be
cancelled. (.22a)
Ti!" VII. # EASEMENTS OF SERVITUDES
CHAPTER $
EASEMENTS IN %ENERAL

C=CT+%9 1. 4 Hiferent Linds of =ase#ents

Art. /1*. An ease#ent or servit$de is an
enc$#brance i#posed $pon an i##ovable
for the benet of another i##ovable
belon"in" to a diferent owner.
The i##ovable in favor of which the
ease#ent is established is called the
do#inant estate; that which is s$b1ect
thereto) the servient estate. (.*:)
Art. /1-. Cervit$des #a! also be established
for the benet of a co##$nit!) or of one or
#ore persons to who# the enc$#bered
estate does not belon". (.*1)
Art. /1.. =ase#ents #a! be contin$o$s or
discontin$o$s) apparent or nonapparent.
Contin$o$s ease#ents are those the $se of
which is or #a! be incessant) witho$t the
intervention of an! act of #an.
Hiscontin$o$s ease#ents are those which
are $sed at intervals and depend $pon the
acts of #an.
Apparent ease#ents are those which are
#ade known and are contin$all! kept in view
b! e,ternal si"ns that reveal the $se and
en1o!#ent of the sa#e.
9onapparent ease#ents are those which
show no e,ternal indication of their
e,istence. (.*2)
Art. /1/. =ase#ents are also positive or
ne"ative.
A positive ease#ent is one which i#poses
$pon the owner of the servient estate the
obli"ation of allowin" so#ethin" to be done
or of doin" it hi#self) and a ne"ative
ease#ent) that which prohibits the owner of
the servient estate fro# doin" so#ethin"
which he co$ld lawf$ll! do if the ease#ent
did not e,ist. (.**)
Art. /12. =ase#ents are inseparable fro# the
estate to which the! activel! or passivel!
belon". (.*-)
Art. /16. =ase#ents are indivisible. +f the
servient estate is divided between two or
#ore persons) the ease#ent is not #odied)
and each of the# #$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#
#a! $se the ease#ent in its entiret!) witho$t
chan"in" the place of its $se) or #akin" it
#ore b$rdenso#e in an! other wa!. (.*.)
Art. /18. =ase#ents are established either
b! law or b! the will of the owners. The
for#er are called le"al and the latter
vol$ntar! ease#ents. (.*/)

C=CT+%9 2. 4 @odes of Ac3$irin" =ase#ents

Art. /2:. Contin$o$s and apparent
ease#ents are ac3$ired either b! virt$e of a
title or b! prescription of ten !ears. (.*2a)
Art. /21. +n order to ac3$ire b! prescription
the ease#ents referred to in the precedin"
article) the ti#e of possession shall be
co#p$ted th$s? in positive ease#ents) fro#
the da! on which the owner of the do#inant
estate) or the person who #a! have #ade
$se of the ease#ent) co##enced to e,ercise
it $pon the servient estate; and in ne"ative
ease#ents) fro# the da! on which the owner
of the do#inant estate forbade) b! an
instr$#ent acknowled"ed before a notar!
p$blic) the owner of the servient estate) fro#
e,ec$tin" an act which wo$ld be lawf$l
witho$t the ease#ent. (.*6a)
Art. /22. Contin$o$s nonapparent
ease#ents) and discontin$o$s ones) whether
apparent or not) #a! be ac3$ired onl! b!
virt$e of a title. (.*8)
Art. /2*. The absence of a doc$#ent or proof
showin" the ori"in of an ease#ent which
cannot be ac3$ired b! prescription #a! be
c$red b! a deed of reco"nition b! the owner
of the servient estate or b! a nal 1$d"#ent.
(.-:a)
Art. /2-. The e,istence of an apparent si"n
of ease#ent between two estates)
established or #aintained b! the owner of
both) shall be considered) sho$ld either of
the# be alienated) as a title in order that the
ease#ent #a! contin$e activel! and
passivel!) $nless) at the ti#e the ownership
of the two estates is divided) the contrar!
sho$ld be provided in the title of conve!ance
of either of the#) or the si"n aforesaid
sho$ld be re#oved before the e,ec$tion of
the deed. This provision shall also appl! in
case of the division of a thin" owned in
co##on b! two or #ore persons. (.-1a)
Art. /2.. Bpon the establish#ent of an
ease#ent) all the ri"hts necessar! for its $se
are considered "ranted. (.-2)
Art. /2/. The owner of the do#inant estate
cannot $se the ease#ent e,cept for the
benet of the i##ovable ori"inall!
conte#plated. 9either can he e,ercise the
ease#ent in an! other #anner than that
previo$sl! established. (n)

C=CT+%9 *. 4 0i"hts and %bli"ations
of the %wners of the Ho#inant and Cervient
=states

Art. /22. The owner of the do#inant estate
#a! #ake) at his own e,pense) on the
servient state an! works necessar! for the
$se and preservation of the servit$de) b$t
witho$t alterin" it or renderin" it #ore
b$rdenso#e.
Dor this p$rpose he shall notif! the owner of
the servient estate) and shall choose the
#ost convenient ti#e and #anner so as to
ca$se the least inconvenience to the owner
of the servient estate. (.-*a)
Art. /26. Cho$ld there be several do#inant
estates) the owners of all of the# shall be
obli"ed to contrib$te to the e,penses
referred to in the precedin" article) in
proportion to the benets which each #a!
derive fro# the work. An! one who does not
wish to contrib$te #a! e,e#pt hi#self b!
reno$ncin" the ease#ent for the benet of
the others.
+f the owner of the servient estate sho$ld
#ake $se of the ease#ent in an! #anner
whatsoever) he shall also be obli"ed to
contrib$te to the e,penses in the proportion
stated) savin" an a"ree#ent to the contrar!.
(.--)
Art. /28. The owner of the servient estate
cannot i#pair) in an! #anner whatsoever)
the $se of the servit$de.
9evertheless) if b! reason of the place
ori"inall! assi"ned) or of the #anner
established for the $se of the ease#ent) the
sa#e sho$ld beco#e ver! inconvenient to
the owner of the servient estate) or sho$ld
prevent hi# fro# #akin" an! i#portant
works) repairs or i#prove#ents thereon) it
#a! be chan"ed at his e,pense) provided he
ofers another place or #anner e3$all!
convenient and in s$ch a wa! that no in1$r!
is ca$sed thereb! to the owner of the
do#inant estate or to those who #a! have a
ri"ht to the $se of the ease#ent. (.-.)
Art. /*:. The owner of the servient estate
retains the ownership of the portion on which
the ease#ent is established) and #a! $se
the sa#e in s$ch a #anner as not to afect
the e,ercise of the ease#ent. (n)

C=CT+%9 -. 4 @odes of =,tin"$ish#ent of
=ase#ents
Art. /*1. =ase#ents are e,tin"$ished?
(1) F! #er"er in the sa#e person of the
ownership of the do#inant and servient
estates;
(2) F! non$ser for ten !ears; with respect to
discontin$o$s ease#ents) this period shall
be co#p$ted fro# the da! on which the!
ceased to be $sed; and) with respect to
contin$o$s ease#ents) fro# the da! on
which an act contrar! to the sa#e took
place;
(*) 5hen either or both of the estates fall
into s$ch condition that the ease#ent cannot
be $sed; b$t it shall revive if the s$bse3$ent
condition of the estates or either of the#
sho$ld a"ain per#it its $se) $nless when the
$se beco#es possible) s$&cient ti#e for
prescription has elapsed) in accordance with
the provisions of the precedin" n$#ber;
(-) F! the e,piration of the ter# or the
f$lll#ent of the condition) if the ease#ent is
te#porar! or conditional;
(.) F! the ren$nciation of the owner of the
do#inant estate;
(/) F! the rede#ption a"reed $pon between
the owners of the do#inant and servient
estates. (.-/a)
Art. /*2. The for# or #anner of $sin" the
ease#ent #a! prescribe as the ease#ent
itself) and in the sa#e wa!. (.-2a)
Art. /**. +f the do#inant estate belon"s to
several persons in co##on) the $se of the
ease#ent b! an! one of the# prevents
prescription with respect to the others. (.-6)

CHAPTER 2
LE%AL EASEMENTS

C=CT+%9 1. 4 'eneral Provisions

Art. /*-. =ase#ents i#posed b! law have for
their ob1ect either p$blic $se or the interest
of private persons. (.-8)
Art. /*.. All #atters concernin" ease#ents
established for p$blic or co##$nal $se shall
be "overned b! the special laws and
re"$lations relatin" thereto) and) in the
absence thereof) b! the provisions of this
Title. (..:)
Art. /*/. =ase#ents established b! law in
the interest of private persons or for private
$se shall be "overned b! the provisions of
this Title) witho$t pre1$dice to the provisions
of "eneral or local laws and ordinances for
the "eneral welfare.
These ease#ents #a! be #odied b!
a"ree#ent of the interested parties)
whenever the law does not prohibit it or no
in1$r! is s$fered b! a third person. (..1a)

C=CT+%9 2. 4 =ase#ents 0elatin" to 5aters

Art. /*2. Lower estates are obli"ed to receive
the waters which nat$rall! and witho$t the
intervention of #an descend fro# the hi"her
estates) as well as the stones or earth which
the! carr! with the#.
The owner of the lower estate cannot
constr$ct works which will i#pede this
ease#ent; neither can the owner of the
hi"her estate #ake works which will increase
the b$rden. (..2)
Art. /*6. The banks of rivers and strea#s)
even in case the! are of private ownership)
are s$b1ect thro$"ho$t their entire len"th
and within a (one of three #eters alon" their
#ar"ins) to the ease#ent of p$blic $se in the
"eneral interest of navi"ation) Eoata"e)
shin" and salva"e.
=states ad1oinin" the banks of navi"able or
Eoatable rivers are) f$rther#ore) s$b1ect to
the ease#ent of towpath for the e,cl$sive
service of river navi"ation and Eoata"e.
+f it be necessar! for s$ch p$rpose to occ$p!
lands of private ownership) the proper
inde#nit! shall rst be paid. (..*a)
Art. /*8. 5henever for the diversion or
takin" of water fro# a river or brook) or for
the $se of an! other contin$o$s or
discontin$o$s strea#) it sho$ld be necessar!
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 #a!
establish the ease#ent of ab$t#ent of a
da#) after pa!#ent of the proper inde#nit!.
(..-)
Art. /-:. Co#p$lsor! ease#ents for drawin"
water or for waterin" ani#als can be
i#posed onl! for reasons of p$blic $se in
favor of a town or villa"e) after pa!#ent of
the proper inde#nit!. (...)
Art. /-1. =ase#ents for drawin" water and
for waterin" ani#als carr! with the# the
obli"ation of the owners of the servient
estates to allow passa"e to persons and
ani#als to the place where s$ch ease#ents
are to be $sed) and the inde#nit! shall
incl$de this service. (../)
Art. /-2. An! person who #a! wish to $se
$pon his own estate an! water of which he
can dispose shall have the ri"ht to #ake it
Eow thro$"h the intervenin" estates) with
the obli"ation to inde#nif! their owners) as
well as the owners of the lower estates $pon
which the waters #a! lter or descend. (..2)
Art. /-*. %ne desirin" to #ake $se of the
ri"ht "ranted in the precedin" article is
obli"ed?
(1) To prove that he can dispose of the water
and that it is s$&cient for the $se for which it
is intended;
(2) To show that the proposed ri"ht of wa! is
the #ost convenient and the least onero$s to
third persons;
(*) To inde#nif! the owner of the servient
estate in the #anner deter#ined b! the laws
and re"$lations. (..6)
Art. /--. The ease#ent of a3$ed$ct for
private interest cannot be i#posed on
b$ildin"s) co$rt!ards) anne,es) or o$tho$ses)
or on orchards or "ardens alread! e,istin".
(..8)
Art. /-.. The ease#ent of a3$ed$ct does not
prevent the owner of the servient estate
fro# closin" or fencin" it) or fro# b$ildin"
over the a3$ed$ct in s$ch #anner as not to
ca$se the latter an! da#a"e) or render
necessar! repairs and cleanin"s i#possible.
(./:)
Art. /-/. Dor le"al p$rposes) the ease#ent of
a3$ed$ct shall be considered as contin$o$s
and apparent) even tho$"h the Eow of the
water #a! not be contin$o$s) or its $se
depends $pon the needs of the do#inant
estate) or $pon a sched$le of alternate da!s
or ho$rs. (./1)
Art. /-2. %ne who for the p$rpose of
irri"atin" 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) #a! de#and that the owners of
the banks per#it its constr$ction) after
pa!#ent of da#a"es) incl$din" those ca$sed
b! the new ease#ent to s$ch owners and to
the other irri"ators. (./2)
Art. /-6. The establish#ent) e,tent) for#
and conditions of the servit$des of waters) to
which this section refers) shall be "overned
b! the special laws relatin" thereto insofar as
no provision therefor is #ade in this Code.
(./*a)

C=CT+%9 *. 4 =ase#ent of 0i"ht of 5a!

Art. /-8. The owner) or an! person who b!
virt$e of a real ri"ht #a! c$ltivate or $se an!
i##ovable) which is s$rro$nded b! other
i##ovables pertainin" to other persons and
witho$t ade3$ate o$tlet to a p$blic hi"hwa!)
is entitled to de#and a ri"ht of wa! thro$"h
the nei"hborin" estates) after pa!#ent of
the proper inde#nit!.
Cho$ld this ease#ent be established in s$ch
a #anner that its $se #a! be contin$o$s for
all the needs of the do#inant estate)
establishin" a per#anent passa"e) the
inde#nit! shall consist of the val$e of the
land occ$pied and the a#o$nt of the
da#a"e ca$sed to the servient estate.
+n case the ri"ht of wa! is li#ited to the
necessar! passa"e for the c$ltivation of the
estate s$rro$nded b! others and for the
"atherin" of its crops thro$"h the servient
estate witho$t a per#anent wa!) the
inde#nit! shall consist in the pa!#ent of the
da#a"e ca$sed b! s$ch enc$#brance.
This ease#ent is not co#p$lsor! if the
isolation of the i##ovable is d$e to the
proprietor>s own acts. (./-a)
Art. /.:. The ease#ent of ri"ht of wa! shall
be established at the point least pre1$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
hi"hwa! #a! be the shortest. (./.)
Art. /.1. The width of the ease#ent of ri"ht
of wa! shall be that which is s$&cient for the
needs of the do#inant estate) and #a!
accordin"l! be chan"ed fro# ti#e to ti#e.
(.//a)
Art. /.2. 5henever a piece of land ac3$ired
b! sale) e,chan"e or partition) is s$rro$nded
b! other estates of the vendor) e,chan"er) or
co4owner) he shall be obli"ed to "rant a ri"ht
of wa! witho$t inde#nit!.
+n case of a si#ple donation) the donor shall
be inde#nied b! the donee for the
establish#ent of the ri"ht of wa!. (./2a)
Art. /.*. +n the case of the precedin" article)
if it is the land of the "rantor that beco#es
isolated) he #a! de#and a ri"ht of wa! after
pa!in" a inde#nit!. <owever) the donor shall
not be liable for inde#nit!. (n)
Art. /.-. +f the ri"ht of wa! is per#anent) the
necessar! repairs shall be #ade b! the
owner of the do#inant estate. A
proportionate share of the ta,es shall be
rei#b$rsed b! said owner to the proprietor of
the servient estate. (n)
Art. /... +f the ri"ht of wa! "ranted to a
s$rro$nded estate ceases to be necessar!
beca$se its owner has 1oined it to another
ab$ttin" on a p$blic road) the owner of the
servient estate #a! de#and that the
ease#ent be e,tin"$ished) ret$rnin" what he
#a! have received b! wa! of inde#nit!. The
interest on the inde#nit! shall be dee#ed to
be in pa!#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$blic hi"hwa! #$st
s$bstantiall! #eet the needs of the
do#inant estate in order that the ease#ent
#a! be e,tin"$ished. (./6a)
Art. /./. +f it be indispensable for the
constr$ction) repair) i#prove#ent) alteration
or bea$tication of a b$ildin") to carr!
#aterials thro$"h the estate of another) or to
raise therein scafoldin" or other ob1ects
necessar! for the work) the owner of s$ch
estate shall be obli"ed to per#it the act)
after receivin" pa!#ent of the proper
inde#nit! for the da#a"e ca$sed hi#.
(./8a)
Art. /.2. =ase#ents of the ri"ht of wa! for
the passa"e of livestock known as ani#al
path) ani#al trail or an! other) and those for
waterin" places) restin" places and ani#al
folds) shall be "overned b! the ordinances
and re"$lations relatin" thereto) and) in the
absence thereof) b! the $sa"es and c$sto#s
of the place.
5itho$t pre1$dice to ri"hts le"all! ac3$ired)
the ani#al path shall not e,ceed in an! case
the width of 2. #eters) and the ani#al trail
that of *2 #eters and .: centi#eters.
5henever it is necessar! to establish a
co#p$lsor! ease#ent of the ri"ht of wa! or
for a waterin" place for ani#als) the
provisions of this Cection and those of
Articles /-: and /-1 shall be observed. +n
this case the width shall not e,ceed 1:
#eters. (.2:a)

C=CT+%9 -. 4 =ase#ent of Part! 5all

Art. /.6. The ease#ent of part! wall shall be
"overned b! the provisions of this Title) b!
the local ordinances and c$sto#s insofar as
the! do not conEict with the sa#e) and b!
the r$les of co4ownership. (.21a)
Art. /.8. The e,istence of an ease#ent of
part! wall is pres$#ed) $nless there is a title)
or e,terior si"n) or proof to the contrar!?
(1) +n dividin" walls of ad1oinin" b$ildin"s $p
to the point of co##on elevation;
(2) +n dividin" walls of "ardens or !ards
sit$ated in cities) towns) or in r$ral
co##$nities;
(*) +n fences) walls and live hed"es dividin"
r$ral lands. (.22)
Art. //:. +t is $nderstood that there is an
e,terior si"n) contrar! to the ease#ent of
part! wall?
(1) 5henever in the dividin" wall of b$ildin"s
there is a window or openin";
(2) 5henever the dividin" wall is) on one
side) strai"ht 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
pro1ects o$tward;
(*) 5henever the entire wall is b$ilt within
the bo$ndaries of one of the estates;
(-) 5henever the dividin" wall bears the
b$rden of the bindin" bea#s) Eoors and roof
fra#e of one of the b$ildin"s) b$t not those
of the others;
(.) 5henever the dividin" wall between
co$rt!ards) "ardens) and tene#ents is
constr$cted in s$ch a wa! that the copin"
sheds the water $pon onl! one of the
estates;
(/) 5henever the dividin" wall) bein" b$ilt of
#asonr!) has steppin" stones) which at
certain intervals pro1ect fro# the s$rface on
one side onl!) b$t not on the other;
(2) 5henever lands inclosed b! fences or live
hed"es ad1oin others which are not inclosed.
+n all these cases) the ownership of the walls)
fences or hed"es shall be dee#ed to belon"
e,cl$sivel! to the owner of the propert! or
tene#ent which has in its favor the
pres$#ption based on an! one of these
si"ns. (.2*)
Art. //1. Hitches or drains opened between
two estates are also pres$#ed as co##on to
both) if there is no title or si"n showin" the
contrar!.
There is a si"n contrar! to the part4
ownership whenever the earth or dirt
re#oved to open the ditch or to clean it is
onl! on one side thereof) in which case the
ownership of the ditch shall belon"
e,cl$sivel! to the owner of the land havin"
this e,terior si"n in its favor. (.2-)
Art. //2. The cost of repairs and constr$ction
of part! walls and the #aintenance of
fences) live hed"es) ditches) and drains
owned in co##on) shall be borne b! all the
owners of the lands or tene#ents havin" the
part! wall in their favor) in proportion to the
ri"ht of each.
9evertheless) an! owner #a! e,e#pt
hi#self fro# contrib$tin" to this char"e b!
reno$ncin" his part4ownership) e,cept when
the part! wall s$pports a b$ildin" belon"in"
to hi#. (.2.)
Art. //*. +f the owner of a b$ildin")
s$pported b! a part! wall desires to
de#olish the b$ildin") he #a! also reno$nce
his part4ownership of the wall) b$t the cost of
all repairs and work necessar! to prevent
an! da#a"e which the de#olition #a! ca$se
to the part! wall) on this occasion onl!) shall
be borne b! hi#. (.2/)
Art. //-. =ver! owner #a! increase the
hei"ht of the part! wall) doin" at his own
e,pense and pa!in" for an! da#a"e which
#a! be ca$sed b! the work) even tho$"h
s$ch da#a"e be te#porar!.
The e,penses of #aintainin" the wall in the
part newl! raised or deepened at its
fo$ndation shall also be paid for b! hi#; and)
in addition) the inde#nit! for the increased
e,penses which #a! be necessar! for the
preservation of the part! wall b! reason of
the "reater hei"ht or depth which has been
"iven it.
+f the part! wall cannot bear the increased
hei"ht) the owner desirin" to raise it shall be
obli"ed to reconstr$ct it at his own e,pense
and) if for this p$rpose it be necessar! to
#ake it thicker) he shall "ive the space
re3$ired fro# his own land. (.22)
Art. //.. The other owners who have not
contrib$ted in "ivin" increased hei"ht) depth
or thickness to the wall #a!) nevertheless)
ac3$ire the ri"ht of part4ownership therein)
b! pa!in" proportionall! the val$e of the
work at the ti#e of the ac3$isition and of the
land $sed for its increased thickness. (.26a)
Art. ///. =ver! part4owner of a part! wall
#a! $se it in proportion to the ri"ht he #a!
have in the co4ownership) witho$t interferin"
with the co##on and respective $ses b! the
other co4owners. (.28a)

C=CT+%9 .. 4 =ase#ent of Li"ht and Aiew

Art. //2. 9o part4owner #a!) witho$t the
consent of the others) open thro$"h the
part! wall an! window or apert$re of an!
kind. (.6:)
Art. //6. The period of prescription for the
ac3$isition of an ease#ent of li"ht and view
shall be co$nted?
(1) Dro# the ti#e of the openin" of the
window) if it is thro$"h a part! wall; or
(2) Dro# the ti#e of the for#al prohibition
$pon the proprietor of the ad1oinin" land or
tene#ent) if the window is thro$"h a wall on
the do#inant estate. (n)
Art. //8. 5hen the distances in Article /2:
are not observed) the owner of a wall which
is not part! wall) ad1oinin" a tene#ent or
piece of land belon"in" to another) can #ake
in it openin"s to ad#it li"ht at the hei"ht of
the ceilin" 1oints or i##ediatel! $nder the
ceilin") and of the si(e of thirt! centi#eters
s3$are) and) in ever! case) with an iron
"ratin" i#bedded in the wall and with a wire
screen.
9evertheless) the owner of the tene#ent or
propert! ad1oinin" the wall in which the
openin"s are #ade can close the# sho$ld he
ac3$ire part4ownership thereof) if there be
no stip$lation to the contrar!.
<e can also obstr$ct the# b! constr$ctin" a
b$ildin" on his land or b! raisin" a wall
thereon conti"$o$s to that havin" s$ch
openin"s) $nless an ease#ent of li"ht has
been ac3$ired. (.61a)
Art. /2:. 9o windows) apert$res) balconies)
or other si#ilar pro1ections which aford a
direct view $pon or towards an ad1oinin"
land or tene#ent can be #ade) witho$t
leavin" a distance of two #eters between
the wall in which the! are #ade and s$ch
conti"$o$s propert!.
9either can side or obli3$e views $pon or
towards s$ch conter#ino$s propert! be had)
$nless there be a distance of si,t!
centi#eters.
The nonobservance of these distances does
not "ive rise to prescription. (.62a)
Art. /21. The distance referred to in the
precedin" article shall be #eas$red in cases
of direct views fro# the o$ter line of the wall
when the openin"s do not pro1ect) fro# the
o$ter line of the latter when the! do) and in
cases of obli3$e view fro# the dividin" line
between the two properties. (.6*)
Art. /22. The provisions of Article /2: are not
applicable to b$ildin"s separated b! a p$blic
wa! or alle!) which is not less than three
#eters wide) s$b1ect to special re"$lations
and local ordinances. (.6-a)
Art. /2*. 5henever b! an! title a ri"ht has
been ac3$ired to have direct views)
balconies or belvederes overlookin" an
ad1oinin" propert!) 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 /21. An!
stip$lation per#ittin" distances less than
those prescribed in Article /2: is void. (.6.a)

C=CT+%9 /. 4 Hraina"e of F$ildin"s

Art. /2-. The owner of a b$ildin" shall be
obli"ed to constr$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 nei"hbor) even
tho$"h the ad1acent land #a! belon" to two
or #ore persons) one of who# is the owner
of the roof. =ven if it sho$ld fall on his own
land) the owner shall be obli"ed to collect
the water in s$ch a wa! as not to ca$se
da#a"e to the ad1acent land or tene#ent.
(.6/a)
Art. /2.. The owner of a tene#ent or a piece
of land) s$b1ect to the ease#ent of receivin"
water fallin" fro# roofs) #a! b$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 wa! as not to ca$se an! n$isance or
da#a"e whatever to the do#inant estate.
(.62)
Art. /2/. 5henever the !ard or co$rt of a
ho$se is s$rro$nded b! 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 draina"e can be de#anded) "ivin" an
o$tlet to the water at the point of the
conti"$o$s lands or tene#ents where its
e"ress #a! be easiest) and establishin" a
cond$it for the draina"e in s$ch #anner as
to ca$se the least da#a"e to the servient
estate) after pa!#ent of the propert!
inde#nit!. (.6*)

C=CT+%9 2. 4 +nter#ediate Histances
and 5orks for Certain Constr$ctions and
Plantin"s

Art. /22. 9o constr$ctions can be b$ilt or
plantin"s #ade near fortied places or
fortresses witho$t co#pliance with the
conditions re3$ired in special laws)
ordinances) and re"$lations relatin" thereto.
(.68)
Art. /26. 9o person shall b$ild an! a3$ed$ct)
well) sewer) f$rnace) for"e) chi#ne!) stable)
depositor! of corrosive s$bstances)
#achiner!) or factor! which b! reason of its
nat$re or prod$cts is dan"ero$s or no,io$s)
witho$t observin" the distances prescribed
b! the re"$lations and c$sto#s of the place)
and witho$t #akin" the necessar! protective
works) s$b1ect) in re"ard to the #anner
thereof) to the conditions prescribed b! s$ch
re"$lations. These prohibitions cannot be
altered or reno$nced b! stip$lation on the
part of the ad1oinin" proprietors.
+n the absence of re"$lations) s$ch
preca$tions shall be taken as #a! be
considered necessar!) in order to avoid an!
da#a"e to the nei"hborin" lands or
tene#ents. (.8:a)
Art. /28. 9o trees shall be planted near a
tene#ent or piece of land belon"in" to
another e,cept at the distance a$thori(ed b!
the ordinances or c$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 ft! centi#eters if shr$bs
or s#all trees are planted.
=ver! landowner shall have the ri"ht to
de#and that trees hereafter planted at a
shorter distance fro# his land or tene#ent
be $prooted.
The provisions of this article also appl! to
trees which have "rown spontaneo$sl!.
(.81a)
Art. /6:. +f the branches of an! tree sho$ld
e,tend over a nei"hborin" estate) tene#ent)
"arden or !ard) the owner of the latter shall
have the ri"ht to de#and that the! be c$t of
insofar as the! #a! spread over his propert!)
and) if it be the roots of a nei"hborin" tree
which sho$ld penetrate into the land of
another) the latter #a! c$t the# of hi#self
within his propert!. (.82)
Art. /61. Dr$its nat$rall! fallin" $pon
ad1acent land belon" to the owner of said
land. (n)

C=CT+%9 6. 4 =ase#ent A"ainst 9$isance (n)

Art. /62. =ver! b$ildin" or piece of land is
s$b1ect to the ease#ent which prohibits the
proprietor or possessor fro# co##ittin"
n$isance thro$"h noise) 1arrin") ofensive
odor) s#oke) heat) d$st) water) "lare and
other ca$ses.
Art. /6*. C$b1ect to (onin") health) police
and other laws and re"$lations) factories and
shops #a! be #aintained provided the least
possible anno!ance is ca$sed to the
nei"hborhood.

C=CT+%9 8. 4 Lateral and C$b1acent C$pport
(n)

Cec. /6-. 9o proprietor shall #ake s$ch
e,cavations $pon his land as to deprive an!
ad1acent land or b$ildin" of s$&cient lateral
or s$b1acent s$pport.
Art. /6.. An! stip$lation or testa#entar!
provision allowin" e,cavations that ca$se
dan"er to an ad1acent land or b$ildin" shall
be void.
Art. /6/. The le"al ease#ent of lateral and
s$b1acent s$pport is not onl! for b$ildin"s
standin" at the ti#e the e,cavations are
#ade b$t also for constr$ctions that #a! be
erected.
Art. /62. An! proprietor intendin" to #ake
an! e,cavation conte#plated in the three
precedin" articles shall notif! all owners of
ad1acent lands.

CHAPTER 3
VOLUNTARY EASEMENTS

Art. /66. =ver! owner of a tene#ent or piece
of land #a! establish thereon the ease#ents
which he #a! dee# s$itable) and in the
#anner and for# which he #a! dee# best)
provided he does not contravene the laws)
p$blic polic! or p$blic order. (.8-)
Art. /68. The owner of a tene#ent or piece
of land) the $s$fr$ct of which belon"s to
another) #a! i#pose thereon) witho$t the
consent of the $s$fr$ct$ar!) an! servit$des
which will not in1$re the ri"ht of $s$fr$ct.
(.8.)
Art. /8:. 5henever the naked ownership of a
tene#ent or piece of land belon"s to one
person and the benecial ownership to
another) no perpet$al vol$ntar! ease#ent
#a! be established thereon witho$t the
consent of both owners. (.8/)
Art. /81. +n order to i#pose an ease#ent on
an $ndivided tene#ent) or piece of land) the
consent of all the co4owners shall be
re3$ired.
The consent "iven b! so#e onl!) #$st be
held in abe!ance $ntil the last one of all the
co4owners shall have e,pressed his
confor#it!.
F$t the consent "iven b! one of the co4
owners separatel! fro# the others shall bind
the "rantor and his s$ccessors not to prevent
the e,ercise of the ri"ht "ranted. (.82a)
Art. /82. The title and) in a proper case) the
possession of an ease#ent ac3$ired b!
prescription shall deter#ine the ri"hts of the
do#inant estate and the obli"ations of the
servient estate. +n defa$lt thereof) the
ease#ent shall be "overned b! s$ch
provisions of this Title as are applicable
thereto. (.86)
Art. /8*. +f the owner of the servient estate
sho$ld have bo$nd hi#self) $pon the
establish#ent of the ease#ent) to bear the
cost of the work re3$ired for the $se and
preservation thereof) he #a! free hi#self
fro# this obli"ation b! reno$ncin" his
propert! to the owner of the do#inant
estate. (.88)

Title A+++. 4 9B+CA9C= (n)

Art. /8-. A n$isance is an! act) o#ission)
establish#ent) b$siness) condition of
propert!) or an!thin" else which?
(1) +n1$res or endan"ers the health or safet!
of others; or
(2) Anno!s or ofends the senses; or
(*) Chocks) dees or disre"ards decenc! or
#oralit!; or
(-) %bstr$cts or interferes with the free
passa"e of an! p$blic hi"hwa! or street) or
an! bod! of water; or
(.) <inders or i#pairs the $se of propert!.
Art. /8.. 9$isance is either p$blic or private.
A p$blic n$isance afects a co##$nit! or
nei"hborhood or an! considerable n$#ber of
persons) altho$"h the e,tent of the
anno!ance) dan"er or da#a"e $pon
individ$als #a! be $ne3$al. A private
n$isance is one that is not incl$ded in the
fore"oin" denition.
Art. /8/. =ver! s$ccessive owner or
possessor of propert! who fails or ref$ses to
abate a n$isance in that propert! started b!
a for#er owner or possessor is liable therefor
in the sa#e #anner as the one who created
it.
Art. /82. The abate#ent of a n$isance does
not precl$de the ri"ht of an! person in1$red
to recover da#a"es for its past e,istence.
Art. /86. Lapse of ti#e cannot le"ali(e an!
n$isance) whether p$blic or private.
Art. /88. The re#edies a"ainst a p$blic
n$isance are?
(1) A prosec$tion $nder the Penal Code or
an! local ordinance? or
(2) A civil action; or
(*) Abate#ent) witho$t 1$dicial proceedin"s.
Art. 2::. The district health o&cer shall take
care that one or all of the re#edies a"ainst a
p$blic n$isance are availed of.
Art. 2:1. +f a civil action is bro$"ht b! reason
of the #aintenance of a p$blic n$isance)
s$ch action shall be co##enced b! the cit!
or #$nicipal #a!or.
Art. 2:2. The district health o&cer shall
deter#ine whether or not abate#ent)
witho$t 1$dicial proceedin"s) is the best
re#ed! a"ainst a p$blic n$isance.
Art. 2:*. A private person #a! le an action
on acco$nt of a p$blic n$isance) if it is
speciall! in1$rio$s to hi#self.
Art. 2:-. An! private person #a! abate a
p$blic n$isance which is speciall! in1$rio$s to
hi# b! re#ovin") or if necessar!) b!
destro!in" the thin" which constit$tes the
sa#e) witho$t co##ittin" a breach of the
peace) or doin" $nnecessar! in1$r!. F$t it is
necessar!?
(1) That de#and be rst #ade $pon the
owner or possessor of the propert! to abate
the n$isance;
(2) That s$ch de#and has been re1ected;
(*) That the abate#ent be approved b! the
district health o&cer and e,ec$ted with the
assistance of the local police; and
(-) That the val$e of the destr$ction does not
e,ceed three tho$sand pesos.
Art. 2:.. The re#edies a"ainst a private
n$isance are?
(1) A civil action; or
(2) Abate#ent) witho$t 1$dicial proceedin"s.
Art. 2:/. An! person in1$red b! a private
n$isance #a! abate it b! re#ovin") or if
necessar!) b! destro!in" the thin" which
constit$tes the n$isance) witho$t co##ittin"
a breach of the peace or doin" $nnecessar!
in1$r!. <owever) it is indispensable that the
proced$re for e,tra1$dicial abate#ent of a
p$blic n$isance b! a private person be
followed.
Art. 2:2. A private person or a p$blic o&cial
e,tra1$diciall! abatin" a n$isance shall be
liable for da#a"es?
(1) +f he ca$ses $nnecessar! in1$r!; or
(2) +f an alle"ed n$isance is later declared b!
the co$rts to be not a real n$isance.
Title +K. 4 0='+CT0J %D P0%P=0TJ
Art. 2:6. The 0e"istr! of Propert! has for its
ob1ect the inscription or annotation of acts
and contracts relatin" to the ownership and
other ri"hts over i##ovable propert!. (/:.)
Art. 2:8. The titles of ownership) or of other
ri"hts over i##ovable propert!) which are
not d$l! inscribed or annotated in the
0e"istr! of Propert! shall not pre1$dice third
persons. (/:/)
Art. 21:. The books in the 0e"istr! of
Propert! shall be p$blic for those who have a
known interest in ascertainin" the stat$s of
the i##ovables or real ri"hts annotated or
inscribed therein. (/:2)
Art. 211. Dor deter#inin" what titles are
s$b1ect to inscription or annotation) as well
as the for#) efects) and cancellation of
inscriptions and annotations) the #anner of
keepin" the books in the 0e"istr!) and the
val$e of the entries contained in said books)
the provisions of the @ort"a"e Law) the Land
0e"istration Act) and other special laws shall
"overn. (/:6a)
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. 212. %wnership is ac3$ired b!
occ$pation and b! intellect$al creation.
%wnership and other real ri"hts over
propert! are ac3$ired and trans#itted b!
law) b! donation) b! estate and intestate
s$ccession) and in conse3$ence of certain
contracts) b! tradition.
The! #a! also be ac3$ired b! #eans of
prescription. (/:8a)

Title +. 4 %CCBPAT+%9

Art. 21*. Thin"s appropriable b! nat$re
which are witho$t an owner) s$ch as ani#als
that are the ob1ect of h$ntin" and shin")
hidden treas$re and abandoned #ovables)
are ac3$ired b! occ$pation. (/1:)
Art. 21-. The ownership of a piece of land
cannot be ac3$ired b! occ$pation. (n)
Art. 21.. The ri"ht to h$nt and to sh is
re"$lated b! special laws. (/11)
Art. 21/. The owner of a swar# of bees shall
have a ri"ht to p$rs$e the# to another>s
land) inde#nif!in" the possessor of the latter
for the da#a"e. +f the owner has not p$rs$ed
the swar#) or ceases to do so within two
consec$tive da!s) the possessor of the land
#a! occ$p! or retain the sa#e. The owner of
do#esticated ani#als #a! also clai# the#
within twent! da!s to be co$nted fro# their
occ$pation b! another person. This period
havin" e,pired) the! shall pertain to hi# who
has ca$"ht and kept the#. (/12a)
Art. 212. Pi"eons and sh which fro# their
respective breedin" places pass to another
pertainin" to a diferent owner shall belon"
to the latter) provided the! have not been
enticed b! so#e article of fra$d. (/1*a)
Art. 216. <e who b! chance discovers hidden
treas$re in another>s propert! shall have the
ri"ht "ranted hi# in article -*6 of this Code.
(/1-)
Art. 218. 5hoever nds a #ovable) which is
not treas$re) #$st ret$rn it to its previo$s
possessor. +f the latter is $nknown) the nder
shall i##ediatel! deposit it with the #a!or
of the cit! or #$nicipalit! where the ndin"
has taken place.
The ndin" shall be p$blicl! anno$nced b!
the #a!or for two consec$tive weeks in the
wa! he dee#s best.
+f the #ovable cannot be kept witho$t
deterioration) or witho$t e,penses which
considerabl! di#inish its val$e) it shall be
sold at p$blic a$ction ei"ht da!s after the
p$blication.
Ci, #onths fro# the p$blication havin"
elapsed witho$t the owner havin" appeared)
the thin" fo$nd) or its val$e) shall be
awarded to the nder. The nder and the
owner shall be obli"ed) as the case #a! be)
to rei#b$rse the e,penses. (/1.a)
Art. 22:. +f the owner sho$ld appear in ti#e)
he shall be obli"ed to pa!) as a reward to the
nder) one4tenth of the s$# or of the price of
the thin" fo$nd. (/1/a)

Title ++. 4 +9T=LL=CTBAL C0=AT+%9

Art. 221. F! intellect$al creation) the
followin" persons ac3$ire ownership?
(1) The a$thor with re"ard to his literar!)
dra#atic) historical) le"al) philosophical)
scientic or other work;
(2) The co#poser; as to his #$sical
co#position;
(*) The painter) sc$lptor) or other artist) with
respect to the prod$ct of his art;
(-) The scientist or technolo"ist or an! other
person with re"ard to his discover! or
invention. (n)
Art. 222. The a$thor and the co#poser)
#entioned in 9os. 1 and 2 of the precedin"
article) shall have the ownership of their
creations even before the p$blication of the
sa#e. %nce their works are p$blished) their
ri"hts are "overned b! the Cop!ri"ht laws.
The painter) sc$lptor or other artist shall
have do#inion over the prod$ct of his art
even before it is cop!ri"hted.
The scientist or technolo"ist has the
ownership of his discover! or invention even
before it is patented. (n)
Art. 22*. Letters and other private
co##$nications in writin" are owned b! the
person to who# the! are addressed and
delivered) b$t the! cannot be p$blished or
disse#inated witho$t the consent of the
writer or his heirs. <owever) the co$rt #a!
a$thori(e their p$blication or disse#ination if
the p$blic "ood or the interest of 1$stice so
re3$ires. (n)
Art. 22-. Cpecial laws "overn cop!ri"ht and
patent. (-28a)

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

Art. 22.. Honation is an act of liberalit!
whereb! a person disposes "rat$ito$sl! of a
thin" or ri"ht in favor of another) who
accepts it. (/16a)
Art. 22/. 5hen a person "ives to another a
thin" or ri"ht on acco$nt of the latter>s
#erits or of the services rendered b! hi# to
the donor) provided the! do not constit$te a
de#andable debt) or when the "ift i#poses
$pon the donee a b$rden which is less than
the val$e of the thin" "iven) there is also a
donation. (/18)
Art. 222. +lle"al or i#possible conditions in
si#ple and re#$nerator! donations shall be
considered as not i#posed. (n)
Art. 226. Honations which are to take efect
$pon the death of the donor partake of the
nat$re of testa#entar! provisions) and shall
be "overned b! the r$les established in the
Title on C$ccession. (/2:)
Art. 228. 5hen the donor intends that the
donation shall take efect d$rin" the lifeti#e
of the donor) tho$"h the propert! shall not
be delivered till after the donor>s death) this
shall be a donation inter vivos. The fr$its of
the propert! fro# the ti#e of the acceptance
of the donation) shall pertain to the donee)
$nless the donor provides otherwise. (n)
Art. 2*:. The ,in" of an event or the
i#position of a s$spensive condition) which
#a! take place be!ond the nat$ral
e,pectation of life of the donor) does not
destro! the nat$re of the act as a donation
inter vivos) $nless a contrar! intention
appears. (n)
Art. 2*1. 5hen a person donates so#ethin")
s$b1ect to the resol$tor! condition of the
donor>s s$rvival) there is a donation inter
vivos. (n)
Art. 2*2. Honations which are to take efect
inter vivos shall be "overned b! the "eneral
provisions on contracts and obli"ations in all
that is not deter#ined in this Title. (/21)
Art. 2**. Honations with an onero$s ca$se
shall be "overned b! the r$les on contracts
and re#$nerator! donations b! the
provisions of the present Title as re"ards that
portion which e,ceeds the val$e of the
b$rden i#posed. (/22)
Art. 2*-. The donation is perfected fro# the
#o#ent the donor knows of the acceptance
b! the donee. (/2*)

C<APT=0 2
P=0C%9C 5<% @AJ '+A= %0 0=C=+A= A
H%9AT+%9

Art. 2*.. All persons who #a! contract and
dispose of their propert! #a! #ake a
donation. (/2-)
Art. 2*/. '$ardians and tr$stees cannot
donate the propert! entr$sted to the#. (n)
Art. 2*2. The donor>s capacit! shall be
deter#ined as of the ti#e of the #akin" of
the donation. (n)
Art. 2*6. Al those who are not speciall!
dis3$alied b! law therefor #a! accept
donations. (/2.)
Art. 2*8. The followin" donations shall be
void?
(1) Those #ade between persons who were
"$ilt! of ad$lter! or conc$bina"e at the ti#e
of the donation;
(2) Those #ade between persons fo$nd
"$ilt! of the sa#e cri#inal ofense) in
consideration thereof;
(*) Those #ade to a p$blic o&cer or his wife)
descedants and ascendants) b! reason of his
o&ce.
+n the case referred to in 9o. 1) the action for
declaration of n$llit! #a! be bro$"ht b! the
spo$se of the donor or donee; and the "$ilt
of the donor and donee #a! be proved b!
preponderance of evidence in the sa#e
action. (n)
Art. 2-:. +ncapacit! to s$cceed b! will shall
be applicable to donations inter vivos. (n)
Art. 2-1. @inors and others who cannot enter
into a contract #a! beco#e donees b$t
acceptance shall be done thro$"h their
parents or le"al representatives. (/2/a)
Art. 2-2. Honations #ade to conceived and
$nborn children #a! be accepted b! those
persons who wo$ld le"all! represent the# if
the! were alread! born. (/22)
Art. 2-*. Honations #ade to incapacitated
persons shall be void) tho$"h si#$lated
$nder the "$ise of another contract or
thro$"h a person who is interposed. (/26)
Art. 2--. Honations of the sa#e thin" to two
or #ore diferent donees shall be "overned
b! the provisions concernin" the sale of the
sa#e thin" to two or #ore diferent persons.
(n)
Art. 2-.. The donee #$st accept the
donation personall!) or thro$"h an
a$thori(ed person with a special power for
the p$rpose) or with a "eneral and s$&cient
power; otherwise) the donation shall be void.
(/*:)
Art. 2-/. Acceptance #$st be #ade d$rin"
the lifeti#e of the donor and of the donee.
(n)
Art. 2-2. Persons who accept donations in
representation of others who #a! not do so
b! the#selves) shall be obli"ed to #ake the
notication and notation of which Article 2-8
speaks. (/*1)
Art. 2-6. The donation of a #ovable #a! be
#ade orall! or in writin".
An oral donation re3$ires the si#$ltaneo$s
deliver! of the thin" or of the doc$#ent
representin" the ri"ht donated.
+f the val$e of the personal propert! donated
e,ceeds ve tho$sand pesos) the donation
and the acceptance shall be #ade in writin")
otherwise) the donation shall be void. (/*2a)
Art. 2-8. +n order that the donation of an
i##ovable #a! be valid) it #$st be #ade in
a p$blic doc$#ent) specif!in" therein the
propert! donated and the val$e of the
char"es which the donee #$st satisf!.
The acceptance #a! be #ade in the sa#e
deed of donation or in a separate p$blic
doc$#ent) b$t it shall not take efect $nless
it is done d$rin" the lifeti#e of the donor.
+f the acceptance is #ade in a separate
instr$#ent) the donor shall be notied
thereof in an a$thentic for#) and this step
shall be noted in both instr$#ents. (/**)

C<APT=0 *
=DD=CT %D H%9AT+%9C A9H L+@+TAT+%9C
T<=0=%9

Art. 2.:. The donations #a! co#prehend all
the present propert! of the donor) or part
thereof) provided he reserves) in f$ll
ownership or in $s$fr$ct) s$&cient #eans for
the s$pport of hi#self) and of all relatives
who) at the ti#e of the acceptance of the
donation) are b! law entitled to be s$pported
b! the donor. 5itho$t s$ch reservation) the
donation shall be red$ced in petition of an!
person afected. (/*-a)
Art. 2.1. Honations cannot co#prehend
f$t$re propert!.
F! f$t$re propert! is $nderstood an!thin"
which the donor cannot dispose of at the
ti#e of the donation. (/*.)
Art. 2.2. The provisions of Article 2.:
notwithstandin") no person #a! "ive or
receive) b! wa! of donation) #ore than he
#a! "ive or receive b! will.
The donation shall be ino&cio$s in all that it
#a! e,ceed this li#itation. (/*/)
Art. 2.*. 5hen a donation is #ade to several
persons 1ointl!) it is $nderstood to be in
e3$al shares) and there shall be no ri"ht of
accretion a#on" the#) $nless the donor has
otherwise provided.
The precedin" para"raph shall not be
applicable to donations #ade to the h$sband
and wife 1ointl!) between who# there shall
be a ri"ht of accretion) if the contrar! has not
been provided b! the donor. (/*2)
Art. 2.-. The donee is s$bro"ated to all the
ri"hts and actions which in case of eviction
wo$ld pertain to the donor. The latter) on the
other hand) is not obli"ed to warrant the
thin"s 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$rden.
The donor shall also be liable for eviction or
hidden defects in case of bad faith on his
part. (/*6a)
Art. 2... The ri"ht to dispose of so#e of the
thin"s donated) or of so#e a#o$nt which
shall be a char"e thereon) #a! be reserved
b! the donor; b$t if he sho$ld die witho$t
havin" #ade $se of this ri"ht) the propert!
or a#o$nt reserved shall belon" to the
donee. (/*8)
Art. 2./. The ownership of propert! #a! also
be donated to one person and the $s$fr$ct to
another or others) provided all the donees
are livin" at the ti#e of the donation. (/-:a)
Art. 2.2. 0eversion #a! be validl!
established in favor of onl! the donor for an!
case and circ$#stances) b$t not in favor of
other persons $nless the! are all livin" at the
ti#e of the donation.
An! reversion stip$lated b! the donor in
favor of a third person in violation of what is
provided in the precedin" para"raph shall be
void) b$t shall not n$llif! the donation.
(/1-a)
Art. 2.6. 5hen the donation i#poses $pon
the donee the obli"ation to pa! the debts of
the donor) if the cla$se does not contain an!
declaration to the contrar!) the for#er is
$nderstood to be liable to pa! onl! the debts
which appear to have been previo$sl!
contracted. +n no case shall the donee be
responsible for the debts e,ceedin" the
val$e of the propert! donated) $nless a
contrar! intention clearl! appears. (/-2a)
Art. 2.8. There bein" no stip$lation
re"ardin" the pa!#ent of debts) the donee
shall be responsible therefor onl! when the
donation has been #ade in fra$d of
creditors.
The donation is alwa!s pres$#ed to be in
fra$d of creditors) when at the ti#e thereof
the donor did not reserve s$&cient propert!
to pa! his debts prior to the donation. (/-*)

C<APT=0 -
0=A%CAT+%9 A9H 0=HBCT+%9 %D
H%9AT+%9C

Art. 2/:. =ver! donation inter vivos) #ade b!
a person havin" no children or descendants)
le"iti#ate or le"iti#ated b! s$bse3$ent
#arria"e) or ille"iti#ate) #a! be revoked or
red$ced as provided in the ne,t article) b!
the happenin" of an! of these events?
(1) +f the donor) after the donation) sho$ld
have le"iti#ate or le"iti#ated or ille"iti#ate
children)
even tho$"h the! be posth$#o$s;
(2) +f the child of the donor) who# the latter
believed to be dead when he #ade the
donation) sho$ld t$rn o$t to be livin";
(*) +f the donor s$bse3$entl! adopt a #inor
child. (/--a)
Art. 2/1. +n the cases referred to in the
precedin" article) the donation shall be
revoked or red$ced insofar as it e,ceeds the
portion that #a! be freel! disposed of b!
will) takin" into acco$nt the whole estate of
the donor at the ti#e of the birth)
appearance or adoption of a child. (n)
Art. 2/2. Bpon the revocation or red$ction of
the donation b! the birth) appearance or
adoption of a child) the propert! afected
shall be ret$rned or its val$e if the donee has
sold the sa#e.
+f the propert! is #ort"a"ed) the donor #a!
redee# the #ort"a"e) b! pa!in" the a#o$nt
"$aranteed) with a ri"ht to recover the sa#e
fro# the donee.
5hen the propert! cannot be ret$rned) it
shall be esti#ated at what it was worth at
the ti#e of the donation. (/-.a)
Art. 2/*. The action for revocation or
red$ction on the "ro$nds set forth in article
2/: shall prescribe after fo$r !ears fro# the
birth of the rst child) or fro# his
le"iti#ation) reco"nition or adoption) or fro#
the 1$dicial declaration of liation) or fro#
the ti#e infor#ation was received re"ardin"
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 le"iti#ate and ille"iti#ate children and
descendants. (/-/a)
Art. 2/-. The donation shall be revoked at
the instance of the donor) when the donee
fails to co#pl! with an! of the conditions
which the for#er i#posed $pon the latter.
+n this case) the propert! donated shall be
ret$rned to the donor) the alienations #ade
b! the donee and the #ort"a"es i#posed
thereon b! hi# bein" void) with the
li#itations established) with re"ard to third
persons) b! the @ort"a"e Law and the Land
0e"istration Laws.
This action shall prescribe after fo$r !ears
fro# the nonco#pliance with the condition)
#a! be trans#itted to the heirs of the donor)
and #a! be e,ercised a"ainst the donee>s
heirs. (/-2a)
Art. 2/.. The donation #a! also be revoked
at the instance of the donor) b! reason of
in"ratit$de in the followin" cases?
(1) +f the donee sho$ld co##it so#e ofense
a"ainst the person) the honor or the propert!
of the donor) or of his wife or children $nder
his parental a$thorit!;
(2) +f the donee i#p$tes to the donor an!
cri#inal ofense) or an! act involvin" #oral
t$rpit$de) even tho$"h he sho$ld prove it)
$nless the cri#e or the act has been
co##itted a"ainst the donee hi#self) his
wife or children $nder his a$thorit!;
(*) +f he $nd$l! ref$ses hi# s$pport when
the donee is le"all! or #orall! bo$nd to "ive
s$pport to the donor. (/-6a)
Art. 2//. Altho$"h the donation is revoked on
acco$nt of in"ratit$de) nevertheless) the
alienations and #ort"a"es efected before
the notation of the co#plaint for revocation
in the 0e"istr! of Propert! shall s$bsist.
Later ones shall be void. (/-8)
Art. 2/2. +n the case referred to in the rst
para"raph of the precedin" article) the donor
shall have a ri"ht to de#and fro# the donee
the val$e of propert! alienated which he
cannot recover fro# third persons) or the
s$# for which the sa#e has been
#ort"a"ed.
The val$e of said propert! shall be ,ed as of
the ti#e of the donation. (/.:)
Art. 2/6. 5hen the donation is revoked for
an! of the ca$ses stated in Article 2/:) or b!
reason of in"ratit$de) or when it is red$ced
beca$se it is ino&cio$s) the donee shall not
ret$rn the fr$its e,cept fro# the lin" of the
co#plaint.
+f the revocation is based $pon
nonco#pliance with an! of the conditions
i#posed in the donation) the donee shall
ret$rn not onl! the propert! b$t also the
fr$its thereof which he #a! have received
after havin" failed to f$lll the condition.
(/.1)
Art. 2/8. The action "ranted to the donor b!
reason of in"ratit$de cannot be reno$nced in
advance. This action prescribes within one
!ear) to be co$nted fro# the ti#e the donor
had knowled"e of the fact and it was
possible for hi# to brin" the action. (/.2)
Art. 22:. 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 !ear.
9either can this action be bro$"ht a"ainst
the heir of the donee) $nless $pon the
latter>s death the co#plaint has been led.
(/.*)
Art. 221. Honations which in accordance with
the provisions of Article 2.2) are ino&cio$s)
bearin" in #ind the esti#ated net val$e of
the donor>s propert! at the ti#e of his death)
shall be red$ced with re"ard to the e,cess;
b$t this red$ction shall not prevent the
donations fro# takin" efect d$rin" the life of
the donor) nor shall it bar the donee fro#
appropriatin" the fr$its.
Dor the red$ction of donations the provisions
of this Chapter and of Articles 811 and 812 of
this Code shall "overn. (/.-)
Art. 222. %nl! those who at the ti#e of the
donor>s death have a ri"ht to the le"iti#e
and their heirs and s$ccessors in interest
#a! ask for the red$ction or ino&cio$s
donations.
Those referred to in the precedin" para"raph
cannot reno$nce their ri"ht d$rin" the
lifeti#e of the donor) either b! e,press
declaration) or b! consentin" to the
donation.
The donees) devisees and le"atees) who are
not entitled to the le"iti#e and the creditors
of the deceased can neither ask for the
red$ction nor avail the#selves thereof.
(/..a)
Art. 22*. +f) there bein" two or #ore
donations) the disposable portion is not
s$&cient to cover all of the#) those of the
#ore recent date shall be s$ppressed or
red$ced with re"ard to the e,cess. (/./)

Title +A. 4 CBCC=CC+%9

C<APT=0 1
'=9=0AL P0%A+C+%9C

Art. 22-. C$ccession is a #ode of ac3$isition
b! virt$e of which the propert!) ri"hts and
obli"ations to the e,tent of the val$e of the
inheritance) of a person are trans#itted
thro$"h his death to another or others either
b! his will or b! operation of law. (n)
Art. 22.. +n this Title) "decedent" is the
"eneral ter# applied to the person whose
propert! is trans#itted thro$"h s$ccession)
whether or not he left a will. +f he left a will)
he is also called the testator. (n)
Art. 22/. The inheritance incl$des all the
propert!) ri"hts and obli"ations of a person
which are not e,tin"$ished b! his death.
(/.8)
Art. 222. The ri"hts to the s$ccession are
trans#itted fro# the #o#ent of the death of
the decedent. (/.2a)
Art. 226. C$ccession #a! be?
(1) Testa#entar!;
(2) Le"al or intestate; or
(*) @i,ed. (n)
Art. 228. Testa#entar! s$ccession is that
which res$lts fro# the desi"nation of an heir)
#ade in a will e,ec$ted in the for#
prescribed b! law. (n)
Art. 26:. @i,ed s$ccession is that efected
partl! b! will and partl! b! operation of law.
(n)
Art. 261. The inheritance of a person
incl$des not onl! the propert! and the
trans#issible ri"hts and obli"ations e,istin"
at the ti#e of his death) b$t also those which
have accr$ed thereto since the openin" of
the s$ccession. (n)
Art. 262. An heir is a person called to the
s$ccession either b! the provision of a will or
b! operation of law.
Hevisees and le"atees are persons to who#
"ifts of real and personal propert! are
respectivel! "iven b! virt$e of a will. (n)

C<APT=0 2
T=CTA@=9TA0J CBCC=CC+%9

C=CT+%9 1. 4 5ills

CBFC=CT+%9 1. 4 5ills in 'eneral

Art. 26*. A will is an act whereb! a person is
per#itted) with the for#alities prescribed b!
law) to control to a certain de"ree the
disposition of this estate) to take efect after
his death. (//2a)
Art. 26-. The #akin" of a will is a strictl!
personal act; it cannot be left in whole or in
part of the discretion of a third person) or
acco#plished thro$"h the instr$#entalit! of
an a"ent or attorne!. (/2:a)
Art. 26.. The d$ration or e&cac! of the
desi"nation of heirs) devisees or le"atees) or
the deter#ination of the portions which the!
are to take) when referred to b! na#e)
cannot be left to the discretion of a third
person. (/2:a)
Art. 26/. The testator #a! entr$st to a third
person the distrib$tion of specic propert! or
s$#s of #one! that he #a! leave in "eneral
to specied classes or ca$ses) and also the
desi"nation of the persons) instit$tions or
establish#ents to which s$ch propert! or
s$#s are to be "iven or applied. (/21a)
Art. 262. The testator #a! not #ake a
testa#entar! disposition in s$ch #anner
that another person has to deter#ine
whether or not it is to be operative. (n)
Art. 266. +f a testa#entar! disposition ad#its
of diferent interpretations) in case of do$bt)
that interpretation b! which the disposition is
to be operative shall be preferred. (n)
Art. 268. 5hen there is an i#perfect
description) or when no person or propert!
e,actl! 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
intention; and when an $ncertaint! arises
$pon the face of the will) as to the
application of an! of its provisions) the
testator>s intention is to be ascertained fro#
the words of the will) takin" into
consideration the circ$#stances $nder which
it was #ade) e,cl$din" s$ch oral
declarations. (n)
Art. 28:. The words of a will are to be taken
in their ordinar! 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
clearl! indicates a contrar! intention) or
$nless it satisfactoril! appears that he was
$nac3$ainted with s$ch technical sense.
(/2.a)
Art. 281. The words of a will are to receive an
interpretation which will "ive to ever!
e,pression so#e efect) rather than one
which will render an! of the e,pressions
inoperative; and of two #odes of interpretin"
a will) that is to be preferred which will
prevent intestac!. (n)
Art. 282. The invalidit! of one of several
dispositions contained in a will does not
res$lt in the invalidit! 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 rst invalid disposition had
not been #ade. (n)
Art. 28*. Propert! ac3$ired after the #akin"
of a will shall onl! pass thereb!) as if the
testator had possessed it at the ti#e of
#akin" the will) sho$ld it e,pressl! appear
b! the will that s$ch was his intention. (n)
Art. 28-. =ver! devise or le"ac! shall cover
all the interest which the testator co$ld
device or be3$eath in the propert! disposed
of) $nless it clearl! appears fro# the will that
he intended to conve! a less interest. (n)
Art. 28.. The validit! of a will as to its for#
depends $pon the observance of the law in
force at the ti#e it is #ade. (n)

CBFC=CT+%9 2. 4 Testa#entar! Capacit! and
+ntent

Art. 28/. All persons who are not e,pressl!
prohibited b! law #a! #ake a will. (//2)
Art. 282. Persons of either se, $nder
ei"hteen !ears of a"e cannot #ake a will. (n)
Art. 286. +n order to #ake a will it is essential
that the testator be of so$nd #ind at the
ti#e of its e,ec$tion. (n)
Art. 288. To be of so$nd #ind) it is not
necessar! that the testator be in f$ll
possession of all his reasonin" fac$lties) or
that his #ind be wholl! $nbroken)
$ni#paired) or $nshattered b! disease) in1$r!
or other ca$se.
+t shall be s$&cient if the testator was able
at the ti#e of #akin" the will to know the
nat$re of the estate to be disposed of) the
proper ob1ects of his bo$nt!) and the
character of the testa#entar! act. (n)
Art. 6::. The law pres$#es that ever!
person is of so$nd #ind) in the absence of
proof to the contrar!.
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 will; b$t if the testator)
one #onth) or less) before #akin" his will
was p$blicl! known to be insane) the person
who #aintains the validit! of the will #$st
prove that the testator #ade it d$rin" a l$cid
interval. (n)
Art. 6:1. C$pervenin" incapacit! does not
invalidate an efective will) nor is the will of
an incapable validated b! the s$pervenin" of
capacit!. (n)
Art. 6:2. A #arried wo#an #a! #ake a will
witho$t the consent of her h$sband) and
witho$t the a$thorit! of the co$rt. (n)
Art. 6:*. A #arried wo#an #a! dispose b!
will of all her separate propert! as well as
her share of the con1$"al partnership or
absol$te co##$nit! propert!. (n)

CBFC=CT+%9 *. 4 Dor#s of 5ills

Art. 6:-. =ver! will #$st be in writin" and
e,ec$ted in a lan"$a"e or dialect known to
the testator. (n)
Art. 6:.. =ver! will) other than a holo"raphic
will) #$st be s$bscribed at the end thereof
b! the testator hi#self or b! the testator>s
na#e written b! so#e other person in his
presence) and b! his e,press direction) and
attested and s$bscribed b! three or #ore
credible witnesses in the presence of the
testator and of one another.
The testator or the person re3$ested b! hi#
to write his na#e and the instr$#ental
witnesses of the will) shall also si"n) as
aforesaid) each and ever! pa"e thereof)
e,cept the last) on the left #ar"in) and all
the pa"es shall be n$#bered correlativel! in
letters placed on the $pper part of each
pa"e.
The attestation shall state the n$#ber of
pa"es $sed $pon which the will is written)
and the fact that the testator si"ned the will
and ever! pa"e thereof) or ca$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 si"ned the will and all the
pa"es thereof in the presence of the testator
and of one another.
+f the attestation cla$se is in a lan"$a"e not
known to the witnesses) it shall be
interpreted to the#. (n)
Art. 6:/. =ver! will #$st be acknowled"ed
before a notar! p$blic b! the testator and
the witnesses. The notar! p$blic shall not be
re3$ired to retain a cop! of the will) or le
another with the %&ce of the Clerk of Co$rt.
(n)
Art. 6:2. +f the testator be deaf) or a deaf4
#$te) he #$st personall! read the will) if
able to do so; otherwise) he shall desi"nate
two persons to read it and co##$nicate to
hi#) in so#e practicable #anner) the
contents thereof. (n)
Art. 6:6. +f the testator is blind) the will shall
be read to hi# twice; once) b! one of the
s$bscribin" witnesses) and a"ain) b! the
notar! p$blic before who# the will is
acknowled"ed. (n)
Art. 6:8. +n the absence of bad faith) for"er!)
or fra$d) or $nd$e and i#proper press$re
and inE$ence) defects and i#perfections in
the for# of attestation or in the lan"$a"e
$sed therein shall not render the will invalid
if it is proved that the will was in fact
e,ec$ted and attested in s$bstantial
co#pliance with all the re3$ire#ents of
Article 6:.. (n)
Art. 61:. A person #a! e,ec$te a
holo"raphic will which #$st be entirel!
written) dated) and si"ned b! the hand of the
testator hi#self. +t is s$b1ect to no other
for#) and #a! be #ade in or o$t of the
Philippines) and need not be witnessed. (/26)
/66a)
Art. 611. +n the probate of a holo"raphic will)
it shall be necessar! that at least one
witness who knows the handwritin" and
si"nat$re of the testator e,plicitl! declare
that the will and the si"nat$re are in the
handwritin" of the testator. +f the will is
contested) at least three of s$ch witnesses
shall be re3$ired.
+n the absence of an! co#petent witness
referred to in the precedin" para"raph) and if
the co$rt dee# it necessar!) e,pert
testi#on! #a! be resorted to. (/18a)
Art. 612. +n holo"raphic wills) the dispositions
of the testator written below his si"nat$re
#$st be dated and si"ned b! hi# in order to
#ake the# valid as testa#entar!
dispositions. (n)
Art. 61*. 5hen a n$#ber of dispositions
appearin" in a holo"raphic will are si"ned
witho$t bein" dated) and the last disposition
has a si"nat$re and a date) s$ch date
validates the dispositions precedin" it)
whatever be the ti#e of prior dispositions.
(n)
Art. 61-. +n case of an! insertion)
cancellation) eras$re or alteration in a
holo"raphic will) the testator #$st
a$thenticate the sa#e b! his f$ll si"nat$re.
(n)
Art. 61.. 5hen a Dilipino is in a forei"n
co$ntr!) he is a$thori(ed to #ake a will in
an! of the for#s established b! the law of
the co$ntr! in which he #a! be. C$ch will
#a! be probated in the Philippines. (n)
Art. 61/. The will of an alien who is abroad
prod$ces efect in the Philippines if #ade
with the for#alities prescribed b! the law of
the place in which he resides) or accordin" to
the for#alities observed in his co$ntr!) or in
confor#it! with those which this Code
prescribes. (n)
Art. 612. A will #ade in the Philippines b! a
citi(en or s$b1ect of another co$ntr!) which is
e,ec$ted in accordance with the law of the
co$ntr! of which he is a citi(en or s$b1ect)
and which #i"ht be proved and allowed b!
the law of his own co$ntr!) shall have the
sa#e efect as if e,ec$ted accordin" to the
laws of the Philippines. (n)
Art. 616. Two or #ore persons cannot #ake a
will 1ointl!) or in the sa#e instr$#ent) either
for their reciprocal benet or for the benet
of a third person. (//8)
Art. 618. 5ills) prohibited b! the precedin"
article) e,ec$ted b! Dilipinos in a forei"n
co$ntr! shall not be valid in the Philippines)
even tho$"h a$thori(ed b! the laws of the
co$ntr! where the! #a! have been
e,ec$ted. (2**a)

CBFC=CT+%9 -. 4 5itnesses to 5ills

Art. 62:. An! person of so$nd #ind and of
the a"e of ei"hteen !ears or #ore) and not
bind) deaf or d$#b) and able to read and
write) #a! be a witness to the e,ec$tion of a
will #entioned in Article 6:. of this Code. (n)
Art. 621. The followin" are dis3$alied fro#
bein" witnesses to a will?
(1) An! person not do#iciled in the
Philippines;
(2) Those who have been convicted of
falsication of a doc$#ent) per1$r! or false
testi#on!. (n)
Art. 622. +f the witnesses attestin" the
e,ec$tion of a will are co#petent at the ti#e
of attestin") their beco#in" s$bse3$entl!
inco#petent shall not prevent the allowance
of the will. (n)
Art. 62*. +f a person attests the e,ec$tion of
a will) to who# or to whose spo$se) or
parent) or child) a devise or le"ac! is "iven
b! s$ch will) s$ch devise or le"ac! shall) so
far onl! as concerns s$ch person) or spo$se)
or parent) or child of s$ch person) or an! 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.
<owever) s$ch person so attestin" shall be
ad#itted as a witness as if s$ch devise or
le"ac! had not been #ade or "iven. (n)
Art. 62-. A #ere char"e on the estate of the
testator for the pa!#ent of debts d$e at the
ti#e of the testator>s death does not prevent
his creditors fro# bein" co#petent witnesses
to his will. (n)
CBFC=CT+%9 .. 4 Codicils and +ncorporation
b! 0eference
Art. 62.. A codicil is s$pple#ent or addition
to a will) #ade after the e,ec$tion of a will
and anne,ed to be taken as a part thereof)
b! which disposition #ade in the ori"inal will
is e,plained) added to) or altered. (n)
Art. 62/. +n order that a codicil #a! be
efective) it shall be e,ec$ted as in the case
of a will. (n)
Art. 622. +f a will) e,ec$ted as re3$ired b!
this Code) incorporates into itself b!
reference an! doc$#ent or paper) s$ch
doc$#ent or paper shall not be considered a
part of the will $nless the followin" re3$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$tion of the will;
(2) The will #$st clearl! describe and
identif! the sa#e) statin" a#on" other
thin"s the n$#ber of pa"es thereof;
(*) +t #$st be identied b! clear and
satisfactor! proof as the doc$#ent or paper
referred to therein; and
(-) +t #$st be si"ned b! the testator and the
witnesses on each and ever! pa"e) e,cept in
case of vol$#ino$s books of acco$nt or
inventories. (n)
CBFC=CT+%9 /. 4 0evocation of 5ills and
Testa#entar! Hispositions

Art. 626. A will #a! be revoked b! the
testator at an! ti#e before his death. An!
waiver or restriction of this ri"ht is void.
(2*2a)
Art. 628. A revocation done o$tside the
Philippines) b! a person who does not have
his do#icile in this co$ntr!) 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#e; and if the revocation
takes place in this co$ntr!) when it is in
accordance with the provisions of this Code.
(n)
Art. 6*:. 9o will shall be revoked e,cept in
the followin" cases?
(1) F! i#plication of law; or
(2) F! so#e will) codicil) or other writin"
e,ec$ted as provided in case of wills; or
(*) F! b$rnin") tearin") cancellin") or
obliteratin" the will with the intention of
revokin" it) b! the testator hi#self) or b!
so#e other person in his presence) and b!
his e,press direction. +f b$rned) torn)
cancelled) or obliterated b! so#e other
person) witho$t the e,press direction of the
testator) the will #a! still be established) and
the estate distrib$ted in accordance
therewith) if its contents) and d$e e,ec$tion)
and the fact of its $na$thori(ed destr$ction)
cancellation) or obliteration are established
accordin" to the 0$les of Co$rt. (n)
Art. 6*1. C$bse3$ent wills which do not
revoke the previo$s ones in an e,press
#anner) ann$l onl! s$ch dispositions in the
prior wills as are inconsistent with or
contrar! to those contained in the latter
wills. (n)
Art. 6*2. A revocation #ade in a s$bse3$ent
will shall take efect) even if the new will
sho$ld beco#e inoperative b! reason of the
incapacit! of the heirs) devisees or le"atees
desi"nated therein) or b! their ren$nciation.
(2-:a)
Art. 6**. A revocation of a will based on a
false ca$se or an ille"al ca$se is n$ll and
void. (n)
Art. 6*-. The reco"nition of an ille"iti#ate
child does not lose its le"al efect) even
tho$"h the will wherein it was #ade sho$ld
be revoked. (21-)

CBFC=CT+%9 2. 4 0ep$blication and 0evival
of 5ills

Art. 6*.. The testator cannot rep$blish)
witho$t reprod$cin" in a s$bse3$ent will) the
dispositions contained in a previo$s one
which is void as to its for#. (n)
Art. 6*/. The e,ec$tion of a codicil referrin"
to a previo$s will has the efect of
rep$blishin" the will as #odied b! the
codicil. (n)
Art. 6*2. +f after #akin" a will) the testator
#akes a second will e,pressl! revokin" the
rst) the revocation of the second will does
not revive the rst will) which can be revived
onl! b! another will or codicil. (2*8a)

CBFC=CT+%9 6. 4 Allowance and Hisallowance
of 5ills

Art. 6*6. 9o will shall pass either real or
personal propert! $nless it is proved and
allowed in accordance with the 0$les of
Co$rt.
The testator hi#self #a!) d$rin" his lifeti#e)
petition the co$rt havin" 1$risdiction for the
allowance of his will. +n s$ch case) the
pertinent provisions of the 0$les of Co$rt for
the allowance of wills after the testator>s a
death shall "overn.
The C$pre#e Co$rt shall for#$late s$ch
additional 0$les of Co$rt as #a! be
necessar! for the allowance of wills on
petition of the testator.
C$b1ect to the ri"ht 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. 6*8. The will shall be disallowed in an!
of the followin" cases?
(1) +f the for#alities re3$ired b! law have not
been co#plied with;
(2) +f the testator was insane) or otherwise
#entall! incapable of #akin" a will) at the
ti#e of its e,ec$tion;
(*) +f it was e,ec$ted thro$"h force or $nder
d$ress) or the inE$ence of fear) or threats;
(-) +f it was proc$red b! $nd$e and i#proper
press$re and inE$ence) on the part of the
beneciar! or of so#e other person;
(.) +f the si"nat$re of the testator was
proc$red b! fra$d;
(/) +f the testator acted b! #istake or did not
intend that the instr$#ent he si"ned sho$ld
be his will at the ti#e of a&,in" his
si"nat$re thereto. (n)
C=CT+%9 2. 4 +nstit$tion of <eir

Art. 6-:. +nstit$tion of heir is an act b! virt$e
of which a testator desi"nates in his will the
person or persons who are to s$cceed hi# in
his propert! and trans#issible ri"hts and
obli"ations. (n)
Art. 6-1. A will shall be valid even tho$"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$ch cases the testa#entar! dispositions
#ade in accordance with law shall be
co#plied with and the re#ainder of the
estate shall pass to the le"al heirs. (2/-)
Art. 6-2. %ne who has no co#p$lsor! heirs
#a! dispose b! will of all his estate or an!
part of it in favor of an! person havin"
capacit! to s$cceed.
%ne who has co#p$lsor! heirs #a! dispose
of his estate provided he does not
contravene the provisions of this Code with
re"ard to the le"iti#e of said heirs. (2/*a)
Art. 6-*. The testator shall desi"nate the
heir b! 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
b! which the instit$ted heir #a! be known.
=ven tho$"h the testator #a! have o#itted
the na#e of the heir) sho$ld he desi"nate
hi# in s$ch #anner that there can be no
do$bt as to who has been instit$ted) the
instit$tion shall be valid. (222)
Art. 6--. An error in the na#e) s$rna#e) or
circ$#stances of the heir shall not vitiate the
instit$tion when it is possible) in an! other
#anner) to know with certaint! the person
instit$ted.
+f a#on" persons havin" the sa#e na#es
and s$rna#es) there is a si#ilarit! of
circ$#stances in s$ch a wa! that) even with
the $se of the other proof) the person
instit$ted cannot be identied) none of the#
shall be an heir. (22*a)
Art. 6-.. =ver! disposition in favor of an
$nknown person shall be void) $nless b!
so#e event or circ$#stance his identit!
beco#es certain. <owever) a disposition in
favor of a denite class or "ro$p of persons
shall be valid. (2.:a)
Art. 6-/. <eirs instit$ted witho$t desi"nation
of shares shall inherit in e3$al parts. (2/.)
Art. 6-2. 5hen the testator instit$tes so#e
heirs individ$all! and others collectivel! as
when he sa!s) "+ desi"nate as #! heirs A and
F) and the children of C)" those collectivel!
desi"nated shall be considered as
individ$all! instit$ted) $nless it clearl!
appears that the intention of the testator
was otherwise. (2/8a)
Art. 6-6. +f the testator sho$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$ted e3$all!
$nless a diferent intention appears. (22:a)
Art. 6-8. 5hen the testator calls to the
s$ccession a person and his children the! are
all dee#ed to have been instit$ted
si#$ltaneo$sl! and not s$ccessivel!. (221)
Art. 6.:. 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 falsit! of s$ch
ca$se. (2/2a)
Art. 6.1. +f the testator has instit$ted onl!
one heir) and the instit$tion is li#ited to an
ali3$ot part of the inheritance) le"al
s$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 ali3$ot part) and all the parts do not cover
the whole inheritance. (n)
Art. 6.2. +f it was the intention of the testator
that the instit$ted heirs sho$ld beco#e sole
heirs to the whole estate) or the whole free
portion) as the case #a! be) and each of
the# has been instit$ted to an ali3$ot part
of the inheritance and their ali3$ot parts
to"ether do not cover the whole inheritance)
or the whole free portion) each part shall be
increased proportionall!. (n)
Art. 6.*. +f each of the instit$ted heirs has
been "iven an ali3$ot part of the inheritance)
and the parts to"ether e,ceed the whole
inheritance) or the whole free portion) as the
case #a! be) each part shall be red$ced
proportionall!. (n)
Art. 6.-. The preterition or o#ission of one)
so#e) or all of the co#p$lsor! 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$tion of
heir; b$t the devises and le"acies shall be
valid insofar as the! are not ino&cio$s.
+f the o#itted co#p$lsor! heirs sho$ld die
before the testator) the instit$tion shall be
efect$al) witho$t pre1$dice to the ri"ht of
representation. (61-a)
Art. 6... The share of a child or descendant
o#itted in a will #$st rst be taken fro# the
part of the estate not disposed of b! the will)
if an!; if that is not s$&cient) so #$ch as
#a! be necessar! #$st be taken
proportionall! fro# the shares of the other
co#p$lsor! heirs. (1:6:a)
Art. 6./. A vol$ntar! heir who dies before
the testator trans#its nothin" to his heirs.
A co#p$lsor! heir who dies before the
testator) a person incapacitated to s$cceed)
and one who reno$nces the inheritance) shall
trans#it no ri"ht to his own heirs e,cept in
cases e,pressl! provided for in this Code.
(2//a)

C=CT+%9 *. 4 C$bstit$tion of <eirs

Art. 6.2. C$bstit$tion is the appoint#ent of
another heir so that he #a! enter into the
inheritance in defa$lt of the heir ori"inall!
instit$ted. (n)
Art. 6.6. C$bstit$tion of heirs #a! be?
(1) Ci#ple or co##on;
(2) Frief or co#pendio$s;
(*) 0eciprocal; or
(-) Dideico##issar!. (n)
Art. 6.8. The testator #a! desi"nate one or
#ore persons to s$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"
para"raph) $nless the testator has otherwise
provided. (22-)
Art. 6/:. Two or #ore persons #a! be
s$bstit$ted for one; and one person for two
or #ore heirs. (226)
Art. 6/1. +f heirs instit$ted in $ne3$al shares
sho$ld be reciprocall! s$bstit$ted) the
s$bstit$te shall ac3$ire the share of the heir
who dies) reno$nces) or is incapacitated)
$nless it clearl! appears that the intention of
the testator was otherwise. +f there are #ore
than one s$bstit$te) the! shall have the
sa#e share in the s$bstit$tion as in the
instit$tion. (228a)
Art. 6/2. The s$bstit$te shall be s$b1ect to
the sa#e char"es and conditions i#posed
$pon the instit$ted heir) $nless and testator
has e,pressl! provided the contrar!) or the
char"es or conditions are personall!
applicable onl! to the heir instit$ted. (26:)
Art. 6/*. A deico##issar! s$bstit$tion b!
virt$e of which the d$ciar! or rst heir
instit$ted is entr$sted with the obli"ation to
preserve and to trans#it to a second heir the
whole or part of the inheritance) shall be
valid and shall take efect) provided s$ch
s$bstit$tion does not "o be!ond one de"ree
fro# the heir ori"inall! instit$ted) and
provided f$rther) that the d$ciar! or rst
heir and the second heir are livin" at the
ti#e of the death of the testator. (261a)
Art. 6/-. A deico##issar! s$bstit$tion can
never b$rden the le"iti#e. (262a)
Art. 6/.. =ver! deico##issar! s$bstit$tion
#$st be e,pressl! #ade in order that it #a!
be valid.
The d$ciar! shall be obli"ed to deliver the
inheritance to the second heir) witho$t other
ded$ctions than those which arise fro#
le"iti#ate e,penses) credits and
i#prove#ents) save in the case where the
testator has provided otherwise. (26*)
Art. 6//. The second heir shall ac3$ire a
ri"ht to the s$ccession fro# the ti#e of the
testator>s death) even tho$"h he sho$ld die
before the d$ciar!. The ri"ht of the second
heir shall pass to his heirs. (26-)
Art. 6/2. The followin" shall not take efect?
(1) Dideico##issar! s$bstit$tions which are
not #ade in an e,press #anner) either b!
"ivin" the# this na#e) or i#posin" $pon the
d$ciar! the absol$te obli"ation to deliver
the propert! to a second heir;
(2) Provisions which contain a perpet$al
prohibition to alienate) and even a te#porar!
one) be!ond the li#it ,ed in article 6/*;
(*) Those which i#pose $pon the heir the
char"e of pa!in" to vario$s persons
s$ccessivel!) be!ond the li#it prescribed in
article 6/*) a certain inco#e or pension;
(-) Those which leave to a person the whole
part of the hereditar! propert! in order that
he #a! appl! or invest the sa#e accordin"
to secret instr$ctions co##$nicated to hi#
b! the testator. (26.a)
Art. 6/6. The n$llit! of the deico##issar!
s$bstit$tion does not pre1$dice the validit! of
the instit$tion of the heirs rst desi"nated;
the deico##issar! cla$se shall si#pl! be
considered as not written. (26/)
Art. 6/8. A provision whereb! 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#$ltaneo$sl!) b$t
s$ccessivel!) the provisions of Article 6/*
shall appl!. (262a)
Art. 62:. The dispositions of the testator
declarin" all or part of the estate inalienable
for #ore than twent! !ears are void. (n)

C=CT+%9 -. 4 Conditional Testa#entar!
Hispositions and Testa#entar! Hispositions
5ith a Ter#

Art. 621. The instit$tion of an heir #a! be
#ade conditionall!) or for a certain p$rpose
or ca$se. (28:a)
Art. 622. The testator cannot i#pose an!
char"e) condition) or s$bstit$tion whatsoever
$pon the le"iti#es prescribed in this Code.
Cho$ld he do so) the sa#e shall be
considered as not i#posed. (61*a)
Art. 62*. +#possible conditions and those
contrar! to law or "ood c$sto#s shall be
considered as not i#posed and shall in no
#anner pre1$dice the heir) even if the
testator sho$ld otherwise provide. (282a)
Art. 62-. An absol$te condition not to
contract a rst or s$bse3$ent #arria"e shall
be considered as not written $nless s$ch
condition has been i#posed on the widow or
widower b! the deceased spo$se) or b! the
latter>s ascendants or descendants.
9evertheless) the ri"ht of $s$fr$ct) or an
allowance or so#e personal prestation #a!
be devised or be3$eathed to an! person for
the ti#e d$rin" which he or she sho$ld
re#ain $n#arried or in widowhood. (28*a)
Art. 62.. An! disposition #ade $pon the
condition that the heir shall #ake so#e
provision in his will in favor of the testator or
of an! other person shall be void. (28-a)
Art. 62/. An! p$rel! potestative condition
i#posed $pon an heir #$st be f$llled b!
hi# as soon as he learns of the testator>s
death.
This r$le shall not appl! when the condition)
alread! co#plied with) cannot be f$llled
a"ain. (28.a)
Art. 622. +f the condition is cas$al or #i,ed) it
shall be s$&cient if it happens or be f$llled
at an! ti#e before or after the death of the
testator) $nless he has provided otherwise.
Cho$ld it have e,isted or sho$ld it have been
f$llled at the ti#e the will was e,ec$ted and
the testator was $naware thereof) it shall be
dee#ed as co#plied with.
+f he had knowled"e thereof) the condition
shall be considered f$llled onl! when it is of
s$ch a nat$re that it can no lon"er e,ist or
be co#plied with a"ain. (28/)
Art. 626. A disposition with a s$spensive
ter# does not prevent the instit$ted heir
fro# ac3$irin" his ri"hts and trans#ittin"
the# to his heirs even before the arrival of
the ter#. (288a)
Art. 628. +f the potestative condition i#posed
$pon the heir is ne"ative) or consists in not
doin" or not "ivin" so#ethin") he shall
co#pl! b! "ivin" a sec$rit! that he will not
do or "ive that which has been prohibited b!
the testator) and that in case of
contravention he will ret$rn whatever he
#a! have received) to"ether with its fr$its
and interests. (6::a)
Art. 66:. +f the heir be instit$ted $nder a
s$spensive condition or ter#) the estate
shall be placed $nder ad#inistration $ntil the
condition is f$llled) or $ntil it beco#es
certain that it cannot be f$llled) or $ntil the
arrival of the ter#.
The sa#e shall be done if the heir does not
"ive the sec$rit! re3$ired in the precedin"
article. (6:1a)
Art. 661. The appoint#ent of the
ad#inistrator of the estate #entioned in the
precedin" article) as well as the #anner of
the ad#inistration and the ri"hts and
obli"ations of the ad#inistrator shall be
"overned b! the 0$les of Co$rt. (6:-a)
Art. 662. The state#ent of the ob1ect of the
instit$tion) or the application of the propert!
left b! the testator) or the char"e i#posed b!
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 #a!
be clai#ed at once provided that the
instit$ted heir or his heirs "ive sec$rit! for
co#pliance with the wishes of the testator
and for the ret$rn of an!thin" he or the! #a!
receive) to"ether with its fr$its and interests)
if he or the! sho$ld disre"ard this obli"ation.
(282a)
Art. 66*. 5hen witho$t the fa$lt of the heir)
an instit$tion referred to in the precedin"
article cannot take efect in the e,act
#anner stated b! the testator) it shall be
co#plied with in a #anner #ost analo"o$s
to and in confor#it! with his wishes.
+f the person interested in the condition
sho$ld prevent its f$lll#ent) witho$t the
fa$lt of the heir) the condition shall be
dee#ed to have been co#plied with. (286a)
Art. 66-. Conditions i#posed b! the testator
$pon the heirs shall be "overned b! the r$les
established for conditional obli"ations in all
#atters not provided for b! this Cection.
(281a)
Art. 66.. The desi"nation of the da! or ti#e
when the efects of the instit$tion of an heir
shall co##ence or cease shall be valid.
+n both cases) the le"al heir shall be
considered as called to the s$ccession $ntil
the arrival of the period or its e,piration. F$t
in the rst case he shall not enter into
possession of the propert! $ntil after havin"
"iven s$&cient sec$rit!) with the
intervention of the instit$ted heir. (6:.)

C=CT+%9 .. 4 Le"iti#e

Art. 66/. Le"iti#e is that part of the
testator>s propert! which he cannot dispose
of beca$se the law has reserved it for certain
heirs who are) therefore) called co#p$lsor!
heirs. (6:/)
Art. 662. The followin" are co#p$lsor! heirs?
(1) Le"iti#ate children and descendants)
with respect to their le"iti#ate parents and
ascendants;
(2) +n defa$lt of the fore"oin") le"iti#ate
parents and ascendants) with respect to their
le"iti#ate children and descendants;
(*) The widow or widower;
(-) Acknowled"ed nat$ral children) and
nat$ral children b! le"al ction;
(.) %ther ille"iti#ate children referred to in
Article 262.
Co#p$lsor! heirs #entioned in 9os. *) -)
and . are not e,cl$ded b! those in 9os. 1
and 2; neither do the! e,cl$de one another.
+n all cases of ille"iti#ate children) their
liation #$st be d$l! proved.
The father or #other of ille"iti#ate children
of the three classes #entioned) shall inherit
fro# the# in the #anner and to the e,tent
established b! this Code. (6:2a)
Art. 666. The le"iti#e of le"iti#ate children
and descendants consists of one4half of the
hereditar! estate of the father and of the
#other.
The latter #a! freel! dispose of the
re#ainin" half) s$b1ect to the ri"hts of
ille"iti#ate children and of the s$rvivin"
spo$se as hereinafter provided. (6:6a)
Art. 668. The le"iti#e of le"iti#ate parents
or ascendants consists of one4half of the
hereditar! estates of their children and
descendants.
The children or descendants #a! freel!
dispose of the other half) s$b1ect to the
ri"hts of ille"iti#ate children and of the
s$rvivin" spo$se as hereinafter provided.
(6:8a)
Art. 68:. The le"iti#e reserved for the
le"iti#ate parents shall be divided between
the# e3$all!; 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 b! ascendants of
e3$al de"ree of the paternal and #aternal
lines) the le"iti#e shall be divided e3$all!
between both lines. +f the ascendants sho$ld
be of diferent de"rees) it shall pertain
entirel! to the ones nearest in de"ree of
either line. (61:)
Art. 681. The ascendant who inherits fro#
his descendant an! propert! which the latter
#a! have ac3$ired b! "rat$ito$s title fro#
another ascendant) or a brother or sister) is
obli"ed to reserve s$ch propert! as he #a!
have ac3$ired b! operation of law for the
benet of relatives who are within the third
de"ree and who belon" to the line fro#
which said propert! ca#e. (621)
Art. 682. +f onl! one le"iti#ate child or
descendant of the deceased s$rvives) the
widow or widower shall be entitled to one4
fo$rth of the hereditar! estate. +n case of a
le"al separation) the s$rvivin" spo$se #a!
inherit if it was the deceased who had "iven
ca$se for the sa#e.
+f there are two or #ore le"iti#ate children
or descendants) the s$rvivin" spo$se shall
be entitled to a portion e3$al to the le"iti#e
of each of the le"iti#ate children or
descendants.
+n both cases) the le"iti#e of the s$rvivin"
spo$se shall be taken fro# the portion that
can be freel! disposed of b! the testator.
(6*-a)
Art. 68*. +f the testator leaves no le"iti#ate
descendants) b$t leaves le"iti#ate
ascendants) the s$rvivin" spo$se shall have
a ri"ht to one4fo$rth of the hereditar! estate.
This fo$rth shall be taken fro# the free
portion of the estate. (6*/a)
Art. 68-. +f the testator leaves ille"iti#ate
children) the s$rvivin" spo$se shall be
entitled to one4third of the hereditar! estate
of the deceased and the ille"iti#ate children
to another third. The re#ainin" third shall be
at the free disposal of the testator. (n)
Art. 68.. The le"iti#e of each of the
acknowled"ed nat$ral children and each of
the nat$ral children b! le"al ction shall
consist of one4half of the le"iti#e of each of
the le"iti#ate children or descendants.
The le"iti#e of an ille"iti#ate child who is
neither an acknowled"ed nat$ral) nor a
nat$ral child b! le"al ction) shall be e3$al in
ever! case to fo$r4fths of the le"iti#e of an
acknowled"ed nat$ral child.
The le"iti#e of the ille"iti#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 le"iti#e of s$ch
ille"iti#ate children e,ceed that free portion)
and that the le"iti#e of the s$rvivin" spo$se
#$st rst be f$ll! satised. (6-:a)
Art. 68/. +lle"iti#ate children who #a!
s$rvive with le"iti#ate parents or
ascendants of the deceased shall be entitled
to one4fo$rth of the hereditar! estate to be
taken fro# the portion at the free disposal of
the testator. (6-1a)
Art. 682. 5hen the widow or widower
s$rvives with le"iti#ate children or
descendants) and acknowled"ed nat$ral
children) or nat$ral children b! le"al ction)
s$ch s$rvivin" spo$se shall be entitled to a
portion e3$al to the le"iti#e of each of the
le"iti#ate children which #$st be taken fro#
that part of the estate which the testator can
freel! dispose of. (n)
Art. 686. +f the widow or widower s$rvives
with le"iti#ate children or descendants) and
with ille"iti#ate children other than
acknowled"ed nat$ral) or nat$ral children b!
le"al ction) the share of the s$rvivin"
spo$se shall be the sa#e as that provided in
the precedin" article. (n)
Art. 688. 5hen the widow or widower
s$rvives with le"iti#ate parents or
ascendants and with ille"iti#ate children)
s$ch s$rvivin" spo$se shall be entitled to
one4ei"hth of the hereditar! estate of the
deceased which #$st be taken fro# the free
portion) and the ille"iti#ate children shall be
entitled to one4fo$rth of the estate which
shall be taken also fro# the disposable
portion. The testator #a! freel! dispose of
the re#ainin" one4ei"hth of the estate. (n)
Art. 8::. +f the onl! s$rvivor is the widow or
widower) she or he shall be entitled to one4
half of the hereditar! estate of the deceased
spo$se) and the testator #a! freel! dispose
of the other half. (6*2a)
+f the #arria"e between the s$rvivin" spo$se
and the testator was sole#ni(ed in artic$lo
#ortis) and the testator died within three
#onths fro# the ti#e of the #arria"e) the
le"iti#e of the s$rvivin" spo$se as the sole
heir shall be one4third of the hereditar!
estate) e,cept when the! have been livin" as
h$sband and wife for #ore than ve !ears. +n
the latter case) the le"iti#e of the s$rvivin"
spo$se shall be that specied in the
precedin" para"raph. (n)
Art. 8:1. 5hen the testator dies leavin"
ille"iti#ate children and no other co#p$lsor!
heirs) s$ch ille"iti#ate children shall have a
ri"ht to one4half of the hereditar! estate of
the deceased.
The other half shall be at the free disposal of
the testator. (6-2a)
Art. 8:2. The ri"hts of ille"iti#ate children
set forth in the precedin" articles are
trans#itted $pon their death to their
descendants) whether le"iti#ate or
ille"iti#ate. (6-*a)
Art. 8:*. The le"iti#e of the parents who
have an ille"iti#ate child) when s$ch child
leaves neither le"iti#ate descendants) nor a
s$rvivin" spo$se) nor ille"iti#ate children) is
one4half of the hereditar! estate of s$ch
ille"iti#ate child. +f onl! le"iti#ate or
ille"iti#ate children are left) the parents are
not entitled to an! le"iti#e whatsoever. +f
onl! the widow or widower s$rvives with
parents of the ille"iti#ate child) the le"iti#e
of the parents is one4fo$rth of the hereditar!
estate of the child) and that of the s$rvivin"
spo$se also one4fo$rth of the estate. (n)
Art. 8:-. The testator cannot deprive his
co#p$lsor! heirs of their le"iti#e) e,cept in
cases e,pressl! specied b! law.
9either can he i#pose $pon the sa#e an!
b$rden) enc$#brance) condition) or
s$bstit$tion of an! kind whatsoever. (61*a)
Art. 8:.. =ver! ren$nciation or co#pro#ise
as re"ards a f$t$re le"iti#e between the
person owin" it and his co#p$lsor! heirs is
void) and the latter #a! clai# the sa#e
$pon the death of the for#er; b$t the! #$st
brin" to collation whatever the! #a! have
received b! virt$e of the ren$nciation or
co#pro#ise. (61/)
Art. 8:/. An! co#p$lsor! heir to who# the
testator has left b! an! title less than the
le"iti#e belon"in" to hi# #a! de#and that
the sa#e be f$ll! satised. (61.)
Art. 8:2. Testa#entar! dispositions that
i#pair or di#inish the le"iti#e of the
co#p$lsor! heirs shall be red$ced on
petition of the sa#e) insofar as the! #a! be
ino&cio$s or e,cessive. (612)
Art. 8:6. To deter#ine the le"iti#e) the val$e
of the propert! left at the death of the
testator shall be considered) ded$ctin" all
debts and char"es) which shall not incl$de
those i#posed in the will.
To the net val$e of the hereditar! estate)
shall be added the val$e of all donations b!
the testator that are s$b1ect to collation) at
the ti#e he #ade the#. (616a)
Art. 8:8. Honations "iven to children shall be
char"ed to their le"iti#e.
Honations #ade to stran"ers shall be
char"ed to that part of the estate of which
the testator co$ld have disposed b! his last
will.
+nsofar as the! #a! be ino&cio$s or #a!
e,ceed the disposable portion) the! shall be
red$ced accordin" to the r$les established
b! this Code. (618a)
Art. 81:. Honations which an ille"iti#ate
child #a! have received d$rin" the lifeti#e
of his father or #other) shall be char"ed to
his le"iti#e.
Cho$ld the! e,ceed the portion that can be
freel! disposed of) the! shall be red$ced in
the #anner prescribed b! this Code. (6-2a)
Art. 811. After the le"iti#e has been
deter#ined in accordance with the three
precedin" articles) the red$ction shall be
#ade as follows?
(1) Honations shall be respected as lon" as
the le"iti#e can be covered) red$cin" or
ann$llin") if necessar!) the devises or
le"acies #ade in the will;
(2) The red$ction of the devises or le"acies
shall be pro rata) witho$t an! distinction
whatever.
+f the testator has directed that a certain
devise or le"ac! be paid in preference to
others) it shall not s$fer an! red$ction $ntil
the latter have been applied in f$ll to the
pa!#ent of the le"iti#e.
(*) +f the devise or le"ac! consists of a
$s$fr$ct or life ann$it!) whose val$e #a! be
considered "reater than that of the
disposable portion) the co#p$lsor! heirs
#a! choose between co#pl!in" with the
testa#entar! provision and deliverin" to the
devisee or le"atee the part of the inheritance
of which the testator co$ld freel! dispose.
(62:a)
Art. 812. +f the devise s$b1ect to red$ction
sho$ld consist of real propert!) which cannot
be convenientl! divided) it shall "o to the
devisee if the red$ction does not absorb one4
half of its val$e; and in a contrar! case) to
the co#p$lsor! heirs; b$t the for#er and the
latter shall rei#b$rse each other in cash for
what respectivel! belon"s to the#.
The devisee who is entitled to a le"iti#e #a!
retain the entire propert!) provided its val$e
does not e,ceed that of the disposable
portion and of the share pertainin" to hi# as
le"iti#e. (621)
Art. 81*. +f the heirs or devisees do not
choose to avail the#selves of the ri"ht
"ranted b! the precedin" article) an! heir or
devisee who did not have s$ch ri"ht #a!
e,ercise it; sho$ld the latter not #ake $se of
it) the propert! shall be sold at p$blic a$ction
at the instance of an! one of the interested
parties. (622)
Art. 81-. The testator #a! devise and
be3$eath the free portion as he #a! dee#
t. (n)

C=CT+%9 /. 4 Hisinheritance

Art. 81.. A co#p$lsor! heir #a!) in
conse3$ence of disinheritance) be deprived
of his le"iti#e) for ca$ses e,pressl! stated
b! law. (6-6a)
Art. 81/. Hisinheritance can be efected onl!
thro$"h a will wherein the le"al ca$se
therefor shall be specied. (6-8)
Art. 812. The b$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 den! it. (6.:)
Art. 816. Hisinheritance witho$t a
specication of the ca$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 #a! pre1$dice the person
disinherited; b$t the devises and le"acies
and other testa#entar! dispositions shall be
valid to s$ch e,tent as will not i#pair the
le"iti#e. (6.1a)
Art. 818. The followin" shall be s$&cient
ca$ses for the disinheritance of children and
descendants) le"iti#ate as well as
ille"iti#ate?
(1) 5hen a child or descendant has been
fo$nd "$ilt! of an atte#pt a"ainst the life of
the testator) his or her spo$se) descendants)
or ascendants;
(2) 5hen a child or descendant has acc$sed
the testator of a cri#e for which the law
prescribes i#prison#ent for si, !ears or
#ore) if the acc$sation has been fo$nd
"ro$ndless;
(*) 5hen a child or descendant has been
convicted of ad$lter! or conc$bina"e with
the spo$se of the testator;
(-) 5hen a child or descendant b! fra$d)
violence) inti#idation) or $nd$e inE$ence
ca$ses the testator to #ake a will or to
chan"e one alread! #ade;
(.) A ref$sal witho$t 1$stiable ca$se to
s$pport the parent or ascendant who
disinherits s$ch child or descendant;
(/) @altreat#ent of the testator b! word or
deed) b! the child or descendant;
(2) 5hen a child or descendant leads a
dishonorable or dis"racef$l life;
(6) Conviction of a cri#e which carries with it
the penalt! of civil interdiction. (2./) 6.*)
/2-a)
Art. 82:. The followin" shall be s$&cient
ca$ses for the disinheritance of parents or
ascendants) whether le"iti#ate or
ille"iti#ate?
(1) 5hen the parents have abandoned their
children or ind$ced their da$"hters to live a
corr$pt or i##oral life) or atte#pted a"ainst
their virt$e;
(2) 5hen the parent or ascendant has been
convicted of an atte#pt a"ainst the life of
the testator) his or her spo$se) descendants)
or ascendants;
(*) 5hen the parent or ascendant has
acc$sed the testator of a cri#e for which the
law prescribes i#prison#ent for si, !ears or
#ore) if the acc$sation has been fo$nd to be
false;
(-) 5hen the parent or ascendant has been
convicted of ad$lter! or conc$bina"e with
the spo$se of the testator;
(.) 5hen the parent or ascendant b! fra$d)
violence) inti#idation) or $nd$e inE$ence
ca$ses the testator to #ake a will or to
chan"e one alread! #ade;
(/) The loss of parental a$thorit! for ca$ses
specied in this Code;
(2) The ref$sal to s$pport the children or
descendants witho$t 1$stiable ca$se;
(6) An atte#pt b! one of the parents a"ainst
the life of the other) $nless there has been a
reconciliation between the#. (2./) 6.-)
/2-a)
Art. 821. The followin" shall be s$&cient
ca$ses for disinheritin" a spo$se?
(1) 5hen the spo$se has been convicted of
an atte#pt a"ainst the life of the testator)
his or her descendants) or ascendants;
(2) 5hen the spo$se has acc$sed the
testator of a cri#e for which the law
prescribes i#prison#ent of si, !ears or
#ore) and the acc$sation has been fo$nd to
be false;
(*) 5hen the spo$se b! fra$d) violence)
inti#idation) or $nd$e inE$ence ca$se the
testator to #ake a will or to chan"e one
alread! #ade;
(-) 5hen the spo$se has "iven ca$se for
le"al separation;
(.) 5hen the spo$se has "iven "ro$nds for
the loss of parental a$thorit!;
(/) Bn1$stiable ref$sal to s$pport the
children or the other spo$se. (2./) 6..)
/2-a)
Art. 822. A s$bse3$ent reconciliation
between the ofender and the ofended
person deprives the latter of the ri"ht to
disinherit) and renders inefect$al an!
disinheritance that #a! have been #ade.
(6./)
Art. 82*. The children and descendants of
the person disinherited shall take his or her
place and shall preserve the ri"hts of
co#p$lsor! heirs with respect to the
le"iti#e; b$t the disinherited parent shall not
have the $s$fr$ct or ad#inistration of the
propert! which constit$tes the le"iti#e.
(6.2)

C=CT+%9 2. 4 Le"acies and Hevises

Art. 82-. All thin"s and ri"hts which are
within the co##erce of #an be be3$eathed
or devised. (6/.a)
Art. 82.. A testator #a! char"e with le"acies
and devises not onl! his co#p$lsor! heirs
b$t also the le"atees and devisees.
The latter shall be liable for the char"e onl!
to the e,tent of the val$e of the le"ac! or
the devise received b! the#. The
co#p$lsor! heirs shall not be liable for the
char"e be!ond the a#o$nt of the free
portion "iven the#. (6.6a)
Art. 82/. 5hen the testator char"es one of
the heirs with a le"ac! or devise) he alone
shall be bo$nd.
Cho$ld he not char"e an!one in partic$lar) all
shall be liable in the sa#e proportion in
which the! #a! inherit. (6.8)
Art. 822. +f two or #ore heirs take possession
of the estate) the! shall be solidaril! liable
for the loss or destr$ction of a thin" devised
or be3$eathed) even tho$"h onl! one of
the# sho$ld have been ne"li"ent. (n)
Art. 826. The heir who is bo$nd to deliver the
le"ac! or devise shall be liable in case of
eviction) if the thin" is indeter#inate and is
indicated onl! b! its kind. (6/:)
Art. 828. +f the testator) heir) or le"atee owns
onl! a part of) or an interest in the thin"
be3$eathed) the le"ac! or devise shall be
$nderstood li#ited to s$ch part or interest)
$nless the testator e,pressl! declares that
he "ives the thin" in its entiret!. (6/-a)
Art. 8*:. The le"ac! or devise of a thin"
belon"in" to another person is void) if the
testator erroneo$sl! believed that the thin"
pertained to hi#. F$t if the thin"
be3$eathed) tho$"h not belon"in" to the
testator when he #ade the will) afterwards
beco#es his) b! whatever title) the
disposition shall take efect. (6/2a)
Art. 8*1. +f the testator orders that a thin"
belon"in" to another be ac3$ired in order
that it be "iven to a le"atee or devisee) the
heir $pon who# the obli"ation is i#posed or
the estate #$st ac3$ire it and "ive the sa#e
to the le"atee or devisee; b$t if the owner of
the thin" ref$ses to alienate the sa#e) or
de#ands an e,cessive price therefor) the
heir or the estate shall onl! be obli"ed to
"ive the 1$st val$e of the thin". (6/1a)
Art. 8*2. The le"ac! or devise of a thin"
which at the ti#e of the e,ec$tion of the will
alread! belon"ed to the le"atee or devisee
shall be inefective) even tho$"h another
person #a! have so#e interest therein.
+f the testator e,pressl! orders that the thin"
be freed fro# s$ch interest or enc$#brance)
the le"ac! or devise shall be valid to that
e,tent. (6//a)
Art. 8**. +f the thin" be3$eathed belon"ed to
the le"atee or devisee at the ti#e of the
e,ec$tion of the will) the le"ac! or devise
shall be witho$t efect) even tho$"h it #a!
have s$bse3$entl! alienated b! hi#.
+f the le"atee or devisee ac3$ires it
"rat$ito$sl! after s$ch ti#e) he can clai#
nothin" b! virt$e of the le"ac! or devise; b$t
if it has been ac3$ired b! onero$s title he
can de#and rei#b$rse#ent fro# the heir or
the estate. (626a)
Art. 8*-. +f the testator sho$ld be3$eath or
devise so#ethin" pled"ed or #ort"a"ed to
sec$re a recoverable debt before the
e,ec$tion of the will) the estate is obli"ed to
pa! the debt) $nless the contrar! intention
appears.
The sa#e r$le applies when the thin" is
pled"ed or #ort"a"ed after the e,ec$tion of
the will.
An! other char"e) perpet$al or te#porar!)
with which the thin" be3$eathed is
b$rdened) passes with it to the le"atee or
devisee. (6/2a)
Art. 8*.. The le"ac! of a credit a"ainst a
third person or of the re#ission or release of
a debt of the le"atee shall be efective onl!
as re"ards that part of the credit or debt
e,istin" at the ti#e of the death of the
testator.
+n the rst case) the estate shall co#pl! with
the le"ac! b! assi"nin" to the le"atee all
ri"hts of action it #a! have a"ainst the
debtor. +n the second case) b! "ivin" the
le"atee an ac3$ittance) sho$ld he re3$est
one.
+n both cases) the le"ac! shall co#prise all
interests on the credit or debt which #a! be
d$e the testator at the ti#e of his death.
(62:a)
Art. 8*/. The le"ac! referred to in the
precedin" article shall lapse if the testator)
after havin" #ade it) sho$ld brin" an action
a"ainst the debtor for the pa!#ent of his
debt) even if s$ch pa!#ent sho$ld not have
been efected at the ti#e of his death.
The le"ac! to the debtor of the thin" pled"ed
b! hi# is $nderstood to dischar"e onl! the
ri"ht of pled"e. (621)
Art. 8*2. A "eneric le"ac! of release or
re#ission of debts co#prises those e,istin"
at the ti#e of the e,ec$tion of the will) b$t
not s$bse3$ent ones. (622)
Art. 8*6. A le"ac! or devise #ade to a
creditor shall not be applied to his credit)
$nless the testator so e,pressl! declares.
+n the latter case) the creditor shall have the
ri"ht to collect the e,cess) if an!) of the
credit or of the le"ac! or devise. (6*2a)
Art. 8*8. +f the testator orders the pa!#ent
of what he believes he owes b$t does not in
fact owe) the disposition shall be considered
as not written. +f as re"ards a specied debt
#ore than the a#o$nt thereof is ordered
paid) the e,cess is not d$e) $nless a contrar!
intention appears.
The fore"oin" provisions are witho$t
pre1$dice to the f$lll#ent of nat$ral
obli"ations. (n)
Art. 8-:. +n alternative le"acies or devises)
the choice is pres$#ed to be left to the heir
$pon who# the obli"ation to "ive the le"ac!
or devise #a! be i#posed) or the e,ec$tor or
ad#inistrator of the estate if no partic$lar
heir is so obli"ed.
+f the heir) le"atee or devisee) who #a! have
been "iven the choice) dies before #akin" it)
this ri"ht shall pass to the respective heirs.
%nce #ade) the choice is irrevocable.
+n the alternative le"acies or devises) e,cept
as herein provided) the provisions of this
Code re"$latin" obli"ations of the sa#e kind
shall be observed) save s$ch #odications
as #a! appear fro# the intention e,pressed
b! the testator. (62-a)
Art. 8-1. A le"ac! of "eneric personal
propert! shall be valid even if there be no
thin"s of the sa#e kind in the estate.
A devise of indeter#inate real propert! shall
be valid onl! if there be i##ovable propert!
of its kind in the estate.
The ri"ht of choice shall belon" to the
e,ec$tor or ad#inistrator who shall co#pl!
with the le"ac! b! the deliver! of a thin"
which is neither of inferior nor of s$perior
3$alit!. (62.a)
Art. 8-2. 5henever the testator e,pressl!
leaves the ri"ht of choice to the heir) or to
the le"atee or devisee) the for#er #a! "ive
or the latter #a! choose whichever he #a!
prefer. (62/a)
Art. 8-*. +f the heir) le"atee or devisee
cannot #ake the choice) in case it has been
"ranted hi#) his ri"ht shall pass to his heirs;
b$t a choice once #ade shall be irrevocable.
(622a)
Art. 8--. A le"ac! for ed$cation lasts $ntil
the le"atee is of a"e) or be!ond the a"e of
#a1orit! in order that the le"atee #a! nish
so#e professional) vocational or "eneral
co$rse) provided he p$rs$es his co$rse
dili"entl!.
A le"ac! for s$pport lasts d$rin" the lifeti#e
of the le"atee) if the testator has not
otherwise provided.
+f the testator has not ,ed the a#o$nt of
s$ch le"acies) it shall be ,ed in accordance
with the social standin" and the
circ$#stances of the le"atee and the val$e
of the estate.
+f the testator or d$rin" his lifeti#e $sed to
"ive the le"atee a certain s$# of #one! or
other thin"s b! wa! of s$pport) the sa#e
a#o$nt shall be dee#ed be3$eathed) $nless
it be #arkedl! disproportionate to the val$e
of the estate. (628a)
Art. 8-.. +f a periodical pension) or a certain
ann$al) #onthl!) or weekl! a#o$nt is
be3$eathed) the le"atee #a! petition the
co$rt for the rst install#ent $pon the death
of the testator) and for the followin" ones
which shall be d$e at the be"innin" of each
period; s$ch pa!#ent shall not be ret$rned)
even tho$"h the le"atee sho$ld die before
the e,piration of the period which has
co##enced. (66:a)
Art. 8-/. +f the thin" be3$eathed sho$ld be
s$b1ect to a $s$fr$ct) the le"atee or devisee
shall respect s$ch ri"ht $ntil it is le"all!
e,tin"$ished. (6/6a)
Art. 8-2. The le"atee or devisee ac3$ires a
ri"ht to the p$re and si#ple le"acies or
devises fro# the death of the testator) and
trans#its it to his heirs. (661a)
Art. 8-6. +f the le"ac! or device is of a
specic and deter#inate thin" pertainin" to
the testator) the le"atee or devisee ac3$ires
the ownership thereof $pon the death of the
testator) as well as an! "rowin" fr$its) or
$nborn ofsprin" of ani#als) or $ncollected
inco#e; b$t not the inco#e which was d$e
and $npaid before the latter>s death.
Dro# the #o#ent of the testator>s death) the
thin" be3$eathed shall be at the risk of the
le"atee or devisee) who shall) therefore) bear
its loss or deterioration) and shall be
beneted b! its increase or i#prove#ent)
witho$t pre1$dice to the responsibilit! of the
e,ec$tor or ad#inistrator. (662a)
Art. 8-8. +f the be3$est sho$ld not be of a
specic and deter#inate thin") b$t is "eneric
or of 3$antit!) its fr$its and interests fro#
the ti#e of the death of the testator shall
pertain to the le"atee or devisee if the
testator has e,pressl! so ordered. (66-a)
Art. 8.:. +f the estate sho$ld not be s$&cient
to cover all the le"acies or devises) their
pa!#ent shall be #ade in the followin"
order?
(1) 0e#$nerator! le"acies or devises;
(2) Le"acies or devises declared b! the
testator to be preferential;
(*) Le"acies for s$pport;
(-) Le"acies for ed$cation;
(.) Le"acies or devises of a specic)
deter#inate thin" which for#s a part of the
estate;
(/) All others pro rata. (662a)
Art. 8.1. The thin" be3$eathed shall be
delivered with all its accessories and
accessories and in the condition in which it
#a! be $pon the death of the testator.
(66*a)
Art. 8.2. The heir) char"ed with a le"ac! or
devise) or the e,ec$tor or ad#inistrator of
the estate) #$st deliver the ver! thin"
be3$eathed if he is able to do so and cannot
dischar"e this obli"ation b! pa!in" its val$e.
Le"acies of #one! #$st be paid in cash)
even tho$"h the heir or the estate #a! not
have an!.
The e,penses necessar! for the deliver! of
the thin" be3$eathed shall be for the
acco$nt of the heir or the estate) b$t witho$t
pre1$dice to the le"iti#e. (66/a)
Art. 8.*. The le"atee or devisee cannot take
possession of the thin" be3$eathed $pon his
own a$thorit!) b$t shall re3$est its deliver!
and possession of the heir char"ed with the
le"ac! or devise) or of the e,ec$tor or
ad#inistrator of the estate sho$ld he be
a$thori(ed b! the co$rt to deliver it. (66.a)
Art. 8.-. The le"atee or devisee cannot
accept a part of the le"ac! or devise and
rep$diate the other) if the latter be onero$s.
Cho$ld he die before havin" accepted the
le"ac! or devise) leavin" several heirs) so#e
of the latter #a! accept and the others #a!
rep$diate the share respectivel! belon"in" to
the# in the le"ac! or devise. (668a)
Art. 8... The le"atee or devisee of two
le"acies 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. F$t if the testator
intended that the two le"acies or devises
sho$ld be inseparable fro# each other) the
le"atee or devisee #$st either accept or
reno$nce both.
An! co#p$lsor! heir who is at the sa#e ti#e
a le"atee or devisee #a! waive the
inheritance and accept the le"ac! or devise)
or reno$nce the latter and accept the for#er)
or waive or accept both. (68:a)
Art. 8./. +f the le"atee or devisee cannot or
is $nwillin" to accept the le"ac! or devise) or
if the le"ac! or devise for an! reason sho$ld
beco#e inefective) it shall be #er"ed into
the #ass of the estate) e,cept in cases of
s$bstit$tion and of the ri"ht of accretion.
(666a)
Art. 8.2. The le"ac! or devise shall be
witho$t efect?
(1) +f the testator transfor#s the thin"
be3$eathed in s$ch a #anner that it does
not retain either the for# or the
deno#ination it had;
(2) +f the testator b! an! title or for an!
ca$se alienates the thin" be3$eathed or an!
part thereof) it bein" $nderstood that in the
latter case the le"ac! or devise shall be
witho$t efect onl! with respect to the part
th$s alienated. +f after the alienation the
thin" sho$ld a"ain belon" to the testator)
even if it be b! reason of n$llit! of the
contract) the le"ac! or devise shall not
thereafter be valid) $nless the reac3$isition
shall have been efected b! virt$e of the
e,ercise of the ri"ht of rep$rchase;
(*) +f the thin" be3$eathed is totall! lost
d$rin" the lifeti#e of the testator) or after his
death witho$t the heir>s fa$lt. 9evertheless)
the person obli"ed to pa! the le"ac! or
devise shall be liable for eviction if the thin"
be3$eathed sho$ld not have been
deter#inate as to its kind) in accordance
with the provisions of Article 826. (6/8a)
Art. 8.6. A #istake as to the na#e of the
thin" be3$eathed or devised) is of no
conse3$ence) if it is possible to identif! the
thin" which the testator intended to
be3$eath or devise. (n)
Art. 8.8. 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
de"ree. (2.1)

C<APT=0 *
L='AL %0 +9T=CTAT= CBCC=CC+%9

C=CT+%9 1. 4 'eneral Provisions

Art. 8/:. Le"al 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$bse3$entl! lost
its validit!;
(2) 5hen the will does not instit$te an heir
to) or dispose of all the propert! belon"in" to
the testator. +n s$ch case) le"al s$ccession
shall take place onl! with respect to the
propert! of which the testator has not
disposed;
(*) +f the s$spensive condition attached to
the instit$tion of heir does not happen or is
not f$llled) or if the heir dies before the
testator) or rep$diates the inheritance) there
bein" no s$bstit$tion) and no ri"ht of
accretion takes place;
(-) 5hen the heir instit$ted is incapable of
s$cceedin") e,cept in cases provided in this
Code. (812a)
Art. 8/1. +n defa$lt of testa#entar! heirs) the
law vests the inheritance) in accordance with
the r$les hereinafter set forth) in the
le"iti#ate and ille"iti#ate relatives of the
deceased) in the s$rvivin" spo$se) and in the
Ctate. (81*a)
Art. 8/2. +n ever! inheritance) the relative
nearest in de"ree e,cl$des the #ore distant
ones) savin" the ri"ht of representation when
it properl! takes place.
0elatives in the sa#e de"ree shall inherit in
e3$al shares) s$b1ect to the provisions of
article 1::/ with respect to relatives of the
f$ll and half blood) and of Article 862)
para"raph 2) concernin" division between
the paternal and #aternal lines. (812a)

CBFC=CT+%9 1. 4 0elationship

Art. 8/*. Pro,i#it! of relationship is
deter#ined b! the n$#ber of "enerations.
=ach "eneration for#s a de"ree. (81.)
Art. 8/-. A series of de"rees for#s a line)
which #a! be either direct or collateral.
A direct line is that constit$ted b! the series
of de"rees a#on" ascendants and
descendants.
A collateral line is that constit$ted b! the
series of de"rees a#on" persons who are
not ascendants and descendants) b$t who
co#e fro# a co##on ancestor. (81/a)
Art. 8/.. The direct line is either descendin"
or ascendin".
The for#er $nites the head of the fa#il! with
those who descend fro# hi#.
The latter binds a person with those fro#
who# he descends. (812)
Art. 8//. +n the line) as #an! de"rees are
co$nted as there are "enerations or persons)
e,cl$din" the pro"enitor.
+n the direct line) ascent is #ade to the
co##on ancestor. Th$s) the child is one
de"ree re#oved fro# the parent) two fro#
the "randfather) and three fro# the "reat4
"randparent.
+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 de"rees
re#oved fro# his brother) three fro# his
$ncle) who is the brother of his father) fo$r
fro# his rst co$sin) and so forth. (816a)
Art. 8/2. D$ll blood relationship is that
e,istin" between persons who have the
sa#e father and the sa#e #other.
<alf 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. (82:a)
Art. 8/6. +f there are several relatives of the
sa#e de"ree) and one or so#e of the# are
$nwillin" or incapacitated to s$cceed) his
portion shall accr$e to the others of the
sa#e de"ree) save the ri"ht of
representation when it sho$ld take place.
(822)
Art. 8/8. +f the inheritance sho$ld be
rep$diated b! the nearest relative) sho$ld
there be one onl!) or b! all the nearest
relatives called b! law to s$cceed) sho$ld
there be several) those of the followin"
de"ree shall inherit in their own ri"ht and
cannot represent the person or persons
rep$diatin" the inheritance. (82*)

CBFC=CT+%9 2. 4 0i"ht of 0epresentation

Art. 82:. 0epresentation is a ri"ht created b!
ction of law) b! virt$e of which the
representative is raised to the place and the
de"ree of the person represented) and
ac3$ires the ri"hts which the latter wo$ld
have if he were livin" or if he co$ld have
inherited. (8-2a)
Art. 821. The representative is called to the
s$ccession b! the law and not b! the person
represented. The representative does not
s$cceed the person represented b$t the one
who# the person represented wo$ld have
s$cceeded. (n)
Art. 822. The ri"ht of representation takes
place in the direct descendin" line) b$t never
in the ascendin".
+n the collateral line) it takes place onl! in
favor of the children of brothers or sisters)
whether the! be of the f$ll or half blood.
(82.)
Art. 82*. +n order that representation #a!
take place) it is necessar! that the
representative hi#self be capable of
s$cceedin" the decedent. (n)
Art. 82-. 5henever there is s$ccession b!
representation) the division of the estate
shall be #ade per stirpes) in s$ch #anner
that the representative or representatives
shall not inherit #ore than what the person
the! represent wo$ld inherit) if he were livin"
or co$ld inherit. (82/a)
Art. 82.. 5hen children of one or #ore
brothers or sisters of the deceased s$rvive)
the! shall inherit fro# the latter b!
representation) if the! s$rvive with their
$ncles or a$nts. F$t if the! alone s$rvive)
the! shall inherit in e3$al portions. (822)
Art. 82/. A person #a! represent hi# whose
inheritance he has reno$nced. (826a)
Art. 822. <eirs who rep$diate their share
#a! not be represented. (828a)

C=CT+%9 2. 4 %rder of +ntestate C$ccession

CBFC=CT+%9 1. 4 Hescendin" Hirect Line

Art. 826. C$ccession pertains) in the rst
place) to the descendin" direct line. (8*:)
Art. 828. Le"iti#ate children and their
descendants s$cceed the parents and other
ascendants) witho$t distinction as to se, or
a"e) and even if the! sho$ld co#e fro#
diferent #arria"es.
An adopted child s$cceeds to the propert! of
the adoptin" parents in the sa#e #anner as
a le"iti#ate child. (8*1a)
Art. 86:. The children of the deceased shall
alwa!s inherit fro# hi# in their own ri"ht)
dividin" the inheritance in e3$al shares.
(8*2)
Art. 861. Cho$ld children of the deceased
and descendants of other children who are
dead) s$rvive) the for#er shall inherit in their
own ri"ht) and the latter b! ri"ht of
representation. (8*-a)
Art. 862. The "randchildren and other
descendants shall inherit b! ri"ht of
representation) and if an! one of the#
sho$ld have died) leavin" several heirs) the
portion pertainin" to hi# shall be divided
a#on" the latter in e3$al portions. (8**)
Art. 86*. +f ille"iti#ate children s$rvive with
le"iti#ate children) the shares of the for#er
shall be in the proportions prescribed b!
Article 68.. (n)
Art. 86-. +n case of the death of an adopted
child) leavin" no children or descendants) his
parents and relatives b! consan"$init! and
not b! adoption) shall be his le"al heirs. (n)

CBFC=CT+%9 2. 4 Ascendin" Hirect Line

Art. 86.. +n defa$lt of le"iti#ate children and
descendants of the deceased) his parents
and ascendants shall inherit fro# hi#) to the
e,cl$sion of collateral relatives. (8*.a)
Art. 86/. The father and #other) if livin")
shall inherit in e3$al shares.
Cho$ld one onl! of the# s$rvive) he or she
shall s$cceed to the entire estate of the
child. (8*/)
Art. 862. +n defa$lt of the father and #other)
the ascendants nearest in de"ree shall
inherit.
Cho$ld there be #ore than one of e3$al
de"ree belon"in" to the sa#e line the! shall
divide the inheritance per capita; sho$ld the!
be of diferent lines b$t of e3$al de"ree) one4
half shall "o to the paternal and the other
half to the #aternal ascendants. +n each line
the division shall be #ade per capita. (8*2)

CBFC=CT+%9 *. 4 +lle"iti#ate Children

Art. 866. +n the absence of le"iti#ate
descendants or ascendants) the ille"iti#ate
children shall s$cceed to the entire estate of
the deceased. (8*8a)
Art. 868. +f) to"ether with ille"iti#ate
children) there sho$ld s$rvive descendants of
another ille"iti#ate child who is dead) the
for#er shall s$cceed in their own ri"ht and
the latter b! ri"ht of representation. (8-:a)
Art. 88:. The hereditar! ri"hts "ranted b!
the two precedin" articles to ille"iti#ate
children shall be trans#itted $pon their
death to their descendants) who shall inherit
b! ri"ht of representation fro# their
deceased "randparent. (8-1a)
Art. 881. +f le"iti#ate ascendants are left) the
ille"iti#ate children shall divide the
inheritance with the#) takin" one4half of the
estate) whatever be the n$#ber of the
ascendants or of the ille"iti#ate children.
(8-246-1a)
Art. 882. An ille"iti#ate child has no ri"ht to
inherit ab intestato fro# the le"iti#ate
children and relatives of his father or #other;
nor shall s$ch children or relatives inherit in
the sa#e #anner fro# the ille"iti#ate child.
(8-*a)
Art. 88*. +f an ille"iti#ate child sho$ld die
witho$t iss$e) either le"iti#ate or
ille"iti#ate) his father or #other shall
s$cceed to his entire estate; and if the child>s
liation is d$l! proved as to both parents)
who are both livin") the! shall inherit fro#
hi# share and share alike. (8--)
Art. 88-. +n defa$lt of the father or #other)
an ille"iti#ate child shall be s$cceeded b!
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 one4half of the estate)
and the latter the other half. (8-.a)

CBFC=CT+%9 -. 4 C$rvivin" Cpo$se

Art. 88.. +n the absence of le"iti#ate
descendants and ascendants) and
ille"iti#ate children and their descendants)
whether le"iti#ate or ille"iti#ate) the
s$rvivin" spo$se shall inherit the entire
estate) witho$t pre1$dice to the ri"hts of
brothers and sisters) nephews and nieces)
sho$ld there be an!) $nder article 1::1.
(8-/a)
Art. 88/. +f a widow or widower and
le"iti#ate children or descendants are left)
the s$rvivin" spo$se has in the s$ccession
the sa#e share as that of each of the
children. (6*-a)
Art. 882. 5hen the widow or widower
s$rvives with le"iti#ate parents or
ascendants) the s$rvivin" spo$se shall be
entitled to one4half of the estate) and the
le"iti#ate parents or ascendants to the other
half. (6*/a)
Art. 886. +f a widow or widower s$rvives with
ille"iti#ate children) s$ch widow or widower
shall be entitled to one4half of the
inheritance) and the ille"iti#ate children or
their descendants) whether le"iti#ate or
ille"iti#ate) to the other half. (n)
Art. 888. 5hen the widow or widower
s$rvives with le"iti#ate children or their
descendants and ille"iti#ate children or their
descendants) whether le"iti#ate or
ille"iti#ate) s$ch widow or widower shall be
entitled to the sa#e share as that of a
le"iti#ate child. (n)
Art. 1:::. +f le"iti#ate ascendants) the
s$rvivin" spo$se) and ille"iti#ate children
are left) the ascendants shall be entitled to
one4half of the inheritance) and the other
half shall be divided between the s$rvivin"
spo$se and the ille"iti#ate children so that
s$ch widow or widower shall have one4fo$rth
of the estate) and the ille"iti#ate children
the other fo$rth. (6-1a)
Art. 1::1. Cho$ld brothers and sisters or
their children s$rvive with the widow or
widower) the latter shall be entitled to one4
half of the inheritance and the brothers and
sisters or their children to the other half.
(8.*) 6*2a)
Art. 1::2. +n case of a le"al separation) if the
s$rvivin" spo$se "ave ca$se for the
separation) he or she shall not have an! of
the ri"hts "ranted in the precedin" articles.
(n)

CBFC=CT+%9 .. 4 Collateral 0elatives

Art. 1::*. +f there are no descendants)
ascendants) ille"iti#ate children) or a
s$rvivin" spo$se) the collateral relatives
shall s$cceed to the entire estate of the
deceased in accordance with the followin"
articles. (8-/a)
Art. 1::-. Cho$ld the onl! s$rvivors be
brothers and sisters of the f$ll blood) the!
shall inherit in e3$al shares. (8-2)
Art. 1::.. Cho$ld brothers and sisters
s$rvive to"ether with nephews and nieces)
who are the children of the descendant>s
brothers and sisters of the f$ll blood) the
for#er shall inherit per capita) and the latter
per stirpes. (8-6)
Art. 1::/. Cho$ld brother and sisters of the
f$ll blood s$rvive to"ether with brothers and
sisters of the half blood) the for#er shall be
entitled to a share do$ble that of the latter.
(8-8)
Art. 1::2. +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 onl! s$rvivors) all
shall inherit in e3$al shares witho$t
distinction as to the ori"in of the propert!.
(8.:)
Art. 1::6. Children of brothers and sisters of
the half blood shall s$cceed per capita or per
stirpes) in accordance with the r$les laid
down for the brothers and sisters of the f$ll
blood. (81.)
Art. 1::8. Cho$ld there be neither brothers
nor sisters nor children of brothers or sisters)
the other collateral relatives shall s$cceed to
the estate.
The latter shall s$cceed witho$t distinction of
lines or preference a#on" the# b! reason of
relationship b! the whole blood. (8.-a)
Art. 1:1:. The ri"ht to inherit ab intestato
shall not e,tend be!ond the fth de"ree of
relationship in the collateral line. (8..a)

CBFC=CT+%9 /. 4 The Ctate

Art. 1:11. +n defa$lt of persons entitled to
s$cceed in accordance with the provisions of
the precedin" Cections) the Ctate shall
inherit the whole estate. (8./a)
Art. 1:12. +n order that the Ctate #a! take
possession of the propert! #entioned in the
precedin" article) the pertinent provisions of
the 0$les of Co$rt #$st be observed. (8.6a)
Art. 1:1*. After the pa!#ent of debts and
char"es) the personal propert! shall be
assi"ned to the #$nicipalit! or cit! where
the deceased last resided in the Philippines)
and the real estate to the #$nicipalities or
cities) respectivel!) in which the sa#e is
sit$ated.
+f the deceased never resided in the
Philippines) the whole estate shall be
assi"ned to the respective #$nicipalities or
cities where the sa#e is located.
C$ch estate shall be for the benet of p$blic
schools) and p$blic charitable instit$tions
and centers) in s$ch #$nicipalities or cities.
The co$rt shall distrib$te the estate as the
respective needs of each beneciar! #a!
warrant.
The co$rt) at the instance of an interested
part!) or on its own #otion) #a! order the
establish#ent of a per#anent tr$st) so that
onl! the inco#e fro# the propert! shall be
$sed. (8./a)
Art. 1:1-. +f a person le"all! entitled to the
estate of the deceased appears and les a
clai# thereto with the co$rt within ve !ears
fro# the date the propert! was delivered to
the Ctate) s$ch person shall be entitled to
the possession of the sa#e) or if sold the
#$nicipalit! or cit! shall be acco$ntable to
hi# for s$ch part of the proceeds as #a! not
have been lawf$ll! spent. (n)

C<APT=0 -
P0%A+C+%9C C%@@%9 T% T=CTAT= A9H
+9T=CTAT= CBCC=CC+%9C

C=CT+%9 1. 4 0i"ht of Accretion

Art. 1:1.. Accretion is a ri"ht b! virt$e of
which) when two or #ore persons are called
to the sa#e inheritance) devise or le"ac!)
the part assi"ned to the one who reno$nces
or cannot receive his share) or who died
before the testator) is added or incorporated
to that of his co4heirs) co4devisees) or co4
le"atees. (n)
Art. 1:1/. +n order that the ri"ht of accretion
#a! take place in a testa#entar!
s$ccession) it shall be necessar!?
(1) That two or #ore persons be called to the
sa#e inheritance) or to the sa#e portion
thereof) pro indiviso; and
(2) That one of the persons th$s called die
before the testator) or reno$nce the
inheritance) or be incapacitated to receive it.
(826a)
Art. 1:12. The words "one4half for each" or
"in e3$al shares" or an! others which)
tho$"h desi"natin" an ali3$ot part) do not
identif! it b! s$ch description as shall #ake
each heir the e,cl$sive owner of deter#inate
propert!) shall not e,cl$de the ri"ht of
accretion.
+n case of #one! or f$n"ible "oods) if the
share of each heir is not ear#arked) there
shall be a ri"ht of accretion. (86*a)
Art. 1:16. +n le"al s$ccession the share of
the person who rep$diates the inheritance
shall alwa!s accr$e to his co4heirs. (861)
Art. 1:18. The heirs to who# the portion
"oes b! the ri"ht of accretion take it in the
sa#e proportion that the! inherit. (n)
Art. 1:2:. The heirs to who# the inheritance
accr$es shall s$cceed to all the ri"hts and
obli"ations which the heir who reno$nced or
co$ld not receive it wo$ld have had. (86-)
Art. 1:21. A#on" the co#p$lsor! heirs the
ri"ht of accretion shall take place onl! when
the free portion is left to two or #ore of
the#) or to an! one of the# and to a
stran"er.
Cho$ld the part rep$diated be the le"iti#e)
the other co4heirs shall s$cceed to it in their
own ri"ht) and not b! the ri"ht of accretion.
(86.)
Art. 1:22. +n testa#entar! s$ccession) when
the ri"ht of accretion does not take place)
the vacant portion of the instit$ted heirs) if
no s$bstit$te has been desi"nated) shall
pass to the le"al heirs of the testator) who
shall receive it with the sa#e char"es and
obli"ations. (86/)
Art. 1:2*. Accretion shall also take place
a#on" devisees) le"atees and $s$fr$ct$aries
$nder the sa#e conditions established for
heirs. (862a)

C=CT+%9 2. 4 Capacit! to C$cceed b! 5ill of
b! +ntestac!

Art. 1:2-. Persons not incapacitated b! law
#a! s$cceed b! will or ab intestato.
The provisions relatin" to incapacit! b! will
are e3$all! applicable to intestate
s$ccession. (2--) 81-)
Art. 1:2.. +n order to be capacitated to
inherit) the heir) devisee or le"atee #$st be
livin" at the #o#ent the s$ccession opens)
e,cept in case of representation) when it is
proper.
A child alread! conceived at the ti#e of the
death of the decedent is capable of
s$cceedin" provided it be born later $nder
the conditions prescribed in article -1. (n)
Art. 1:2/. A testa#entar! disposition #a! be
#ade to the Ctate) provinces) #$nicipal
corporations) private corporations)
or"ani(ations) or associations for reli"io$s)
scientic) c$lt$ral) ed$cational) or charitable
p$rposes.
All other corporations or entities #a!
s$cceed $nder a will) $nless there is a
provision to the contrar! in their charter or
the laws of their creation) and alwa!s s$b1ect
to the sa#e. (2-/a)
Art. 1:22. 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 period;
(2) The relatives of s$ch priest or #inister of
the "ospel within the fo$rth de"ree) the
ch$rch) order) chapter) co##$nit!)
or"ani(ation) or instit$tion to which s$ch
priest or #inister #a! belon";
(*) A "$ardian with respect to testa#entar!
dispositions "iven b! a ward in his favor
before the nal acco$nts of the "$ardianship
have been approved) even if the testator
sho$ld die after the approval thereof;
nevertheless) an! provision #ade b! the
ward in favor of the "$ardian when the latter
is his ascendant) descendant) brother) sister)
or spo$se) shall be valid;
(-) An! attestin" witness to the e,ec$tion of
a will) the spo$se) parents) or children) or
an! one clai#in" $nder s$ch witness)
spo$se) parents) or children;
(.) An! ph!sician) s$r"eon) n$rse) health
o&cer or dr$""ist who took care of the
testator d$rin" his last illness;
(/) +ndivid$als) associations and corporations
not per#itted b! law to inherit. (2-.) 2.2)
2.*) 2.-a)
Art. 1:26. The prohibitions #entioned in
article 2*8) concernin" donations inter vivos
shall appl! to testa#entar! provisions. (n)
Art. 1:28. Cho$ld the testator dispose of the
whole or part of his propert! for pra!ers and
pio$s works for the benet of his so$l) in
"eneral ter#s and witho$t specif!in" its
application) the e,ec$tor) with the co$rt>s
approval shall deliver one4half thereof or its
proceeds to the ch$rch or deno#ination to
which the testator #a! belon") to be $sed
for s$ch pra!ers and pio$s works) and the
other half to the Ctate) for the p$rposes
#entioned in Article 1:1*. (2-2a)
Art. 1:*:. Testa#entar! provisions in favor
of the poor in "eneral) witho$t desi"nation of
partic$lar persons or of an! co##$nit!) 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 clearl! appear that
his intention was otherwise.
The desi"nation of the persons who are to be
considered as poor and the distrib$tion of
the propert! shall be #ade b! the person
appointed b! the testator for the p$rpose; in
defa$lt of s$ch person) b! the e,ec$tor) and
sho$ld there be no e,ec$tor) b! the 1$stice of
the peace) the #a!or) and the #$nicipal
treas$rer) who shall decide b! a #a1orit! of
votes all 3$estions that #a! arise. +n all
these cases) the approval of the Co$rt of Dirst
+nstance shall be necessar!.
The precedin" para"raph shall appl! when
the testator has disposed of his propert! in
favor of the poor of a denite localit!. (2-8a)
Art. 1:*1. A testa#entar! provision in favor
of a dis3$alied person) even tho$"h #ade
$nder the "$ise of an onero$s contract) or
#ade thro$"h an inter#ediar!) shall be void.
(2..)
Art. 1:*2. The followin" are incapable of
s$cceedin" b! 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 a"ainst
their virt$e;
(2) An! person who has been convicted of an
atte#pt a"ainst the life of the testator) his or
her spo$se) descendants) or ascendants;
(*) An! person who has acc$sed the testator
of a cri#e for which the law prescribes
i#prison#ent for si, !ears or #ore) if the
acc$sation has been fo$nd "ro$ndless;
(-) An! heir of f$ll a"e who) havin"
knowled"e of the violent death of the
testator) sho$ld fail to report it to an o&cer
of the law within a #onth) $nless the
a$thorities have alread! taken action; this
prohibition shall not appl! to cases wherein)
accordin" to law) there is no obli"ation to
#ake an acc$sation;
(.) An! person convicted of ad$lter! or
conc$bina"e with the spo$se of the testator;
(/) An! person who b! fra$d) violence)
inti#idation) or $nd$e inE$ence sho$ld
ca$se the testator to #ake a will or to
chan"e one alread! #ade;
(2) An! person who b! the sa#e #eans
prevents another fro# #akin" a will) or fro#
revokin" one alread! #ade) or who
s$pplants) conceals) or alters the latter>s will;
(6) An! person who falsies or for"es a
s$pposed will of the decedent. (2./) /2*)
/2-a)
Art. 1:**. The ca$se of $nworthiness shall
be witho$t efect if the testator had
knowled"e thereof at the ti#e he #ade the
will) or if) havin" known of the#
s$bse3$entl!) he sho$ld condone the# in
writin". (2.2a)
Art. 1:*-. +n order to 1$d"e the capacit! of
the heir) devisee or le"atee) his 3$alication
at the ti#e of the death of the decedent shall
be the criterion.
+n cases fallin" $nder 9os. 2) *) or . of Article
1:*2) it shall be necessar! to wait $ntil nal
1$d"#ent is rendered) and in the case fallin"
$nder 9o. -) the e,piration of the #onth
allowed for the report.
+f the instit$tion) devise or le"ac! sho$ld be
conditional) the ti#e of the co#pliance with
the condition shall also be considered. (2.6a)
Art. 1:*.. +f the person e,cl$ded fro# the
inheritance b! reason of incapacit! sho$ld be
a child or descendant of the decedent and
sho$ld have children or descendants) the
latter shall ac3$ire his ri"ht to the le"iti#e.
The person so e,cl$ded shall not en1o! the
$s$fr$ct and ad#inistration of the propert!
th$s inherited b! his children. (2/1a)
Art. 1:*/. Alienations of hereditar! propert!)
and acts of ad#inistration perfor#ed b! the
e,cl$ded heir) before the 1$dicial order of
e,cl$sion) are valid as to the third persons
who acted in "ood faith; b$t the co4heirs
shall have a ri"ht to recover da#a"es fro#
the dis3$alied heir. (n)
Art. 1:*2. The $nworth! heir who is e,cl$ded
fro# the s$ccession has a ri"ht to de#and
inde#nit! or an! e,penses inc$rred in the
preservation of the hereditar! propert!) and
to enforce s$ch credits as he #a! have
a"ainst the estate. (n)
Art. 1:*6. An! person incapable of
s$ccession) who) disre"ardin" the prohibition
stated in the precedin" articles) entered into
the possession of the hereditar! propert!)
shall be obli"ed to ret$rn it to"ether it its
accessions.
<e shall be liable for all the fr$its and rents
he #a! have received) or co$ld have
received thro$"h the e,ercise of d$e
dili"ence. (2/:a)
Art. 1:*8. Capacit! to s$cceed is "overned
b! the law of the nation of the decedent. (n)
Art. 1:-:. The action for a declaration of
incapacit! and for the recover! of the
inheritance) devise or le"ac! shall be
bro$"ht within ve !ears fro# the ti#e the
dis3$alied person took possession thereof.
+t #a! be bro$"ht b! an! one who #a! have
an interest in the s$ccession. (2/2a)

C=CT+%9 *. 4 Acceptance and 0ep$diation of
the +nheritance

Art. 1:-1. The acceptance or rep$diation of
the inheritance is an act which is p$rel!
vol$ntar! and free. (866)
Art. 1:-2. The efects of the acceptance or
rep$diation shall alwa!s retroact to the
#o#ent of the death of the decedent. (868)
Art. 1:-*. 9o person #a! accept or
rep$diate an inheritance $nless he is certain
of the death of the person fro# who# he is
to inherit) and of his ri"ht to the inheritance.
(881)
Art. 1:--. An! person havin" the free
disposal of his propert! #a! accept or
rep$diate an inheritance.
An! inheritance left to #inors or
incapacitated persons #a! be accepted b!
their parents or "$ardians. Parents or
"$ardians #a! rep$diate the inheritance left
to their wards onl! b! 1$dicial a$thori(ation.
The ri"ht to accept an inheritance left to the
poor shall belon" to the persons desi"nated
b! the testator to deter#ine the
beneciaries and distrib$te the propert!) or
in their defa$lt) to those #entioned in Article
1:*:. (882a)
Art. 1:-.. The lawf$l representatives of
corporations) associations) instit$tions and
entities 3$alied to ac3$ire propert! #a!
accept an! inheritance left to the latter) b$t
in order to rep$diate it) the approval of the
co$rt shall be necessar!. (88*a)
Art. 1:-/. P$blic o&cial establish#ents can
neither accept nor rep$diate an inheritance
witho$t the approval of the "overn#ent.
(88-)
Art. 1:-2. A #arried wo#an of a"e #a!
rep$diate an inheritance witho$t the consent
of her h$sband. (88.a)
Art. 1:-6. Heaf4#$tes who can read and
write #a! accept or rep$diate the
inheritance personall! or thro$"h an a"ent.
Cho$ld the! not be able to read and write)
the inheritance shall be accepted b! their
"$ardians. These "$ardians #a! rep$diate
the sa#e with 1$dicial approval. (88/a)
Art. 1:-8. Acceptance #a! 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
b! which the intention to accept is
necessaril! i#plied) or which one wo$ld have
no ri"ht to do e,cept in the capacit! of an
heir.
Acts of #ere preservation or provisional
ad#inistration do not i#pl! an acceptance of
the inheritance if) thro$"h s$ch acts) the title
or capacit! of an heir has not been ass$#ed.
(888a)
Art. 1:.:. An inheritance is dee#ed
accepted?
(1) +f the heirs sells) donates) or assi"ns his
ri"ht to a stran"er) or to his co4heirs) or to
an! of the#;
(2) +f the heir reno$nces the sa#e) even
tho$"h "rat$ito$sl!) for the benet of one or
#ore of his co4heirs;
(*) +f he reno$nces it for a price in favor of all
his co4heirs indiscri#inatel!; b$t if this
ren$nciation sho$ld be "rat$ito$s) and the
co4heirs in whose favor it is #ade are those
$pon who# the portion reno$nced sho$ld
devolve b! virt$e of accretion) the
inheritance shall not be dee#ed as
accepted. (1:::)
Art. 1:.1. The rep$diation of an inheritance
shall be #ade in a p$blic or a$thentic
instr$#ent) or b! petition presented to the
co$rt havin" 1$risdiction over the
testa#entar! or intestate proceedin"s.
(1::6)
Art. 1:.2. +f the heir rep$diates the
inheritance to the pre1$dice of his own
creditors) the latter #a! petition the co$rt to
a$thori(e the# to accept it in the na#e of
the heir.
The acceptance shall benet the creditors
onl! to an e,tent s$&cient to cover the
a#o$nt of their credits. The e,cess) sho$ld
there be an!) shall in no case pertain to the
reno$ncer) b$t shall be ad1$dicated to the
persons to who#) in accordance with the
r$les established in this Code) it #a! belon".
(1::1)
Art. 1:.*. +f the heir sho$ld die witho$t
havin" accepted or rep$diated the
inheritance his ri"ht shall be trans#itted to
his heirs. (1::/)
Art. 1:.-. Cho$ld there be several heirs
called to the inheritance) so#e of the# #a!
accept and the others #a! rep$diate it.
(1::2a)
Art. 1:... +f a person) who is called to the
sa#e inheritance as an heir b! will and ab
intestato) rep$diates the inheritance in his
capacit! as a testa#entar! heir) he is
$nderstood to have rep$diated it in both
capacities.
Cho$ld he rep$diate it as an intestate heir)
witho$t knowled"e of his bein" a
testa#entar! heir) he #a! still accept it in
the latter capacit!. (1::8)
Art. 1:./. The acceptance or rep$diation of
an inheritance) once #ade) is irrevocable)
and cannot be i#p$"ned) e,cept when it was
#ade thro$"h an! of the ca$ses that vitiate
consent) or when an $nknown will appears.
(882)
Art. 1:.2. 5ithin thirt! da!s after the co$rt
has iss$ed an order for the distrib$tion of the
estate in accordance with the 0$les of Co$rt)
the heirs) devisees and le"atees shall si"nif!
to the co$rt havin" 1$risdiction whether the!
accept or rep$diate the inheritance.
+f the! do not do so within that ti#e) the! are
dee#ed to have accepted the inheritance.
(n)

C=CT+%9 -. 4 =,ec$tors and Ad#inistrators

Art. 1:.6. 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 b! the 0$les of
Co$rt. (n)
Art. 1:.8. +f the assets of the estate of a
decedent which can be applied to the
pa!#ent of debts are not s$&cient for that
p$rpose) the provisions of Articles 22*8 to
22.1 on Preference of Credits shall be
observed) provided that the e,penses
referred to in Article 22--) 9o. 6) shall be
those involved in the ad#inistration of the
decedent>s estate. (n)
Art. 1:/:. A corporation or association
a$thori(ed to cond$ct the b$siness of a tr$st
co#pan! in the Philippines #a! be
appointed as an e,ec$tor) ad#inistrator)
"$ardian of an estate) or tr$stee) in like
#anner as an individ$al; b$t it shall not be
appointed "$ardian of the person of a ward.
(n)

C=CT+%9 .. 4 Collation

Art. 1:/1. =ver! co#p$lsor! heir) who
s$cceeds with other co#p$lsor! heirs) #$st
brin" into the #ass of the estate an!
propert! or ri"ht which he #a! have
received fro# the decedent) d$rin" the
lifeti#e of the latter) b! wa! of donation) or
an! other "rat$ito$s title) in order that it #a!
be co#p$ted in the deter#ination of the
le"iti#e of each heir) and in the acco$nt of
the partition. (1:*.a)
Art. 1:/2. Collation shall not take place
a#on" co#p$lsor! heirs if the donor sho$ld
have so e,pressl! provided) or if the donee
sho$ld rep$diate the inheritance) $nless the
donation sho$ld be red$ced as ino&cio$s.
(1:*/)
Art. 1:/*. Propert! left b! will is not dee#ed
s$b1ect to collation) if the testator has not
otherwise provided) b$t the le"iti#e shall in
an! case re#ain $ni#paired. (1:*2)
Art. 1:/-. 5hen the "randchildren) who
s$rvive with their $ncles) a$nts) or co$sins)
inherit fro# their "randparents in
representation of their father or #other) the!
shall brin" to collation all that their parents)
if alive) wo$ld have been obli"ed to brin")
even tho$"h s$ch "randchildren have not
inherited the propert!.
The! shall also brin" to collation all that the!
#a! 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 le"iti#e of the co4heirs is
not pre1$diced. (1:*6)
Art. 1:/.. Parents are not obli"ed to brin" to
collation in the inheritance of their
ascendants an! propert! which #a! have
been donated b! the latter to their children.
(1:*8)
Art. 1://. 9either shall donations to the
spo$se of the child be bro$"ht to collation;
b$t if the! have been "iven b! the parent to
the spo$ses 1ointl!) the child shall be obli"ed
to brin" to collation one4half of the thin"
donated. (1:-:)
Art. 1:/2. =,penses for s$pport) ed$cation)
#edical attendance) even in e,traordinar!
illness) apprenticeship) ordinar! e3$ip#ent)
or c$sto#ar! "ifts are not s$b1ect to
collation. (1:-1)
Art. 1:/6. =,penses inc$rred b! the parents
in "ivin" their children a professional)
vocational or other career shall not be
bro$"ht to collation $nless the parents so
provide) or $nless the! i#pair the le"iti#e;
b$t when their collation is re3$ired) the s$#
which the child wo$ld have spent if he had
lived in the ho$se and co#pan! of his
parents shall be ded$cted therefro#. (1:-2a)
Art. 1:/8. An! s$#s paid b! a parent in
satisfaction of the debts of his children)
election e,penses) nes) and si#ilar
e,penses shall be bro$"ht to collation.
(1:-*a)
Art. 1:2:. 5eddin" "ifts b! parents and
ascendants consistin" of 1ewelr!) clothin")
and o$tt) shall not be red$ced as ino&cio$s
e,cept insofar as the! #a! e,ceed one4tenth
of the s$# which is disposable b! will. (1:--)
Art. 1:21. The sa#e thin"s donated are not
to be bro$"ht to collation and partition) b$t
onl! their val$e at the ti#e of the donation)
even tho$"h their 1$st val$e #a! not then
have been assessed.
Their s$bse3$ent increase or deterioration
and even their total loss or destr$ction) be it
accidental or c$lpable) shall be for the
benet or acco$nt and risk of the donee.
(1:-.a)
Art. 1:22. +n the collation of a donation #ade
b! both parents) one4half shall be bro$"ht to
the inheritance of the father) and the other
half) to that of the #other. That "iven b! one
alone shall be bro$"ht to collation in his or
her inheritance. (1:-/a)
Art. 1:2*. The donee>s share of the estate
shall be red$ced b! an a#o$nt e3$al to that
alread! received b! hi#; and his co4heirs
shall receive an e3$ivalent) as #$ch as
possible) in propert! of the sa#e nat$re)
class and 3$alit!. (1:-2)
Art. 1:2-. Cho$ld the provisions of the
precedin" article be i#practicable) if the
propert! donated was i##ovable) the co4
heirs shall be entitled to receive its
e3$ivalent in cash or sec$rities) at the rate of
3$otation; and sho$ld there be neither cash
or #arketable sec$rities in the estate) so
#$ch of the other propert! as #a! be
necessar! shall be sold at p$blic a$ction.
+f the propert! donated was #ovable) the co4
heirs shall onl! have a ri"ht to select an
e3$ivalent of other personal propert! of the
inheritance at its 1$st price. (1:-6)
Art. 1:2.. The fr$its and interest of the
propert! s$b1ect to collation shall not pertain
to the estate e,cept fro# the da! on which
the s$ccession is opened.
Dor the p$rpose of ascertainin" their a#o$nt)
the fr$its and interest of the propert! of the
estate of the sa#e kind and 3$alit! as that
s$b1ect to collation shall be #ade the
standard of assess#ent. (1:-8)
Art. 1:2/. The co4heirs are bo$nd to
rei#b$rse to the donee the necessar!
e,penses which he has inc$rred for the
preservation of the propert! donated to hi#)
tho$"h the! #a! 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 b! his co4heirs for the
i#prove#ents which have increased the
val$e of the propert!) and which e,ist at the
ti#e the partition if efected.
As to works #ade on the estate for the #ere
pleas$re of the donee) no rei#b$rse#ent is
d$e hi# for the#; he has) however) the ri"ht
to re#ove the#) if he can do so witho$t
in1$rin" the estate. (n)
Art. 1:22. Cho$ld an! 3$estion arise a#on"
the co4heirs $pon the obli"ation to brin" to
collation or as to the thin"s which are s$b1ect
to collation) the distrib$tion of the estate
shall not be interr$pted for this reason)
provided ade3$ate sec$rit! is "iven. (1:.:)

C=CT+%9 /. 4 Partition and Histrib$tion of the
=state

CBFC=CT+%9 1. 4 Partition

Art. 1:26. 5here there are two or #ore
heirs) the whole estate of the decedent is)
before its partition) owned in co##on b!
s$ch heirs) s$b1ect to the pa!#ent of debts
of the deceased. (n)
Art. 1:28. Partition) in "eneral) is the
separation) division and assi"n#ent of a
thin" held in co##on a#on" those to who#
it #a! belon". The thin" itself #a! be
divided) or its val$e. (n)
Art. 1:6:. Cho$ld a person #ake partition of
his estate b! an act inter vivos) or b! will)
s$ch partition shall be respected) insofar as it
does not pre1$dice the le"iti#e of the
co#p$lsor! heirs.
A parent who) in the interest of his or her
fa#il!) desires to keep an! a"ric$lt$ral)
ind$strial) or #an$fact$rin" enterprise
intact) #a! avail hi#self of the ri"ht "ranted
hi# in this article) b! orderin" that the
le"iti#e of the other children to who# the
propert! is not assi"ned) be paid in cash.
(1:./a)
Art. 1:61. A person #a!) b! an act inter
vivos or #ortis ca$sa) intr$st the #ere power
to #ake the partition after his death to an!
person who is not one of the co4heirs.
The provisions of this and of the precedin"
article shall be observed even sho$ld there
be a#on" the co4heirs a #inor or a person
s$b1ect to "$ardianship; b$t the #andatar!)
in s$ch case) shall #ake an inventor! of the
propert! of the estate) after notif!in" the co4
heirs) the creditors) and the le"atees or
devisees. (1:.2a)
Art. 1:62. =ver! act which is intended to p$t
an end to indivision a#on" co4heirs and
le"atees or devisees is dee#ed to be a
partition) altho$"h it sho$ld p$rport to be a
sale) and e,chan"e) a co#pro#ise) or an!
other transaction. (n)
Art. 1:6*. =ver! co4heir has a ri"ht to
de#and the division of the estate $nless the
testator sho$ld have e,pressl! forbidden its
partition) in which case the period of
indivision shall not e,ceed twent! !ears as
provided in article -8-. This power of the
testator to prohibit division applies to the
le"iti#e.
=ven tho$"h forbidden b! the testator) the
co4ownership ter#inates when an! of the
ca$ses for which partnership is dissolved
takes place) or when the co$rt nds for
co#pellin" reasons that division sho$ld be
ordered) $pon petition of one of the co4heirs.
(1:.1a)
Art. 1:6-. Aol$ntar! heirs $pon who# so#e
condition has been i#posed cannot de#and
a partition $ntil the condition has been
f$llled; b$t the other co4heirs #a! de#and
it b! "ivin" s$&cient sec$rit! for the ri"hts
which the for#er #a! have in case the
condition sho$ld be co#plied with) and $ntil
it is known that the condition has not been
f$llled or can never be co#plied with) the
partition shall be $nderstood to be
provisional. (1:.-a)
Art. 1:6.. +n the partition of the estate)
e3$alit! shall be observed as far as possible)
dividin" the propert! into lots) or assi"nin"
to each of the co4heirs thin"s of the sa#e
nat$re) 3$alit! and kind. (1:/1)
Art. 1:6/. Cho$ld a thin" be indivisible) or
wo$ld be #$ch i#paired b! its bein" divided)
it #a! be ad1$dicated to one of the heirs)
provided he shall pa! the others the e,cess
in cash.
9evertheless) if an! of the heirs sho$ld
de#and that the thin" be sold at p$blic
a$ction and that stran"ers be allowed to bid)
this #$st be done. (1:/2)
Art. 1:62. +n the partition the co4heirs shall
rei#b$rse one another for the inco#e and
fr$its which each one of the# #a! have
received fro# an! propert! of the estate) for
an! $sef$l and necessar! e,penses #ade
$pon s$ch propert!) and for an! da#a"e
thereto thro$"h #alice or ne"lect. (1:/*)
Art. 1:66. Cho$ld an! of the heirs sell his
hereditar! ri"hts to a stran"er before the
partition) an! or all of the co4heirs #a! be
s$bro"ated to the ri"hts of the p$rchaser b!
rei#b$rsin" hi# for the price of the sale)
provided the! do so within the period of one
#onth fro# the ti#e the! were notied in
writin" of the sale b! the vendor. (1:/2a)
Art. 1:68. The titles of ac3$isition or
ownership of each propert! shall be
delivered to the co4heir to who# said
propert! has been ad1$dicated. (1:/.a)
Art. 1:8:. 5hen the title co#prises two or
#ore pieces of land which have been
assi"ned to two or #ore co4heirs) or when it
covers one piece of land which has been
divided between two or #ore co4heirs) the
title shall be delivered to the one havin" the
lar"est interest) and a$thentic copies of the
title shall be f$rnished to the other co4heirs
at the e,pense of the estate. +f the interest of
each co4heir sho$ld be the sa#e) the oldest
shall have the title. (1://a)

CBFC=CT+%9 2. 4 =fects of Partition

Art. 1:81. A partition le"all! #ade confers
$pon each heir the e,cl$sive ownership of
the propert! ad1$dicated to hi#. (1:/6)
Art. 1:82. After the partition has been #ade)
the co4heirs shall be reciprocall! bo$nd to
warrant the title to) and the 3$alit! of) each
propert! ad1$dicated. (1:/8a)
Art. 1:8*. The reciprocal obli"ation of
warrant! referred to in the precedin" article
shall be proportionate to the respective
hereditar! shares of the co4heirs) b$t if an!
one of the# sho$ld be insolvent) the other
co4heirs shall be liable for his part in the
sa#e proportion) ded$ctin" the part
correspondin" to the one who sho$ld be
inde#nied.
Those who pa! for the insolvent heir shall
have a ri"ht of action a"ainst hi# for
rei#b$rse#ent) sho$ld his nancial condition
i#prove. (1:21)
Art. 1:8-. An action to enforce the warrant!
a#on" heirs #$st be bro$"ht within ten
!ears fro# the date the ri"ht of action
accr$es. (n)
Art. 1:8.. +f a credit sho$ld be assi"ned as
collectible) the co4heirs shall not be liable for
the s$bse3$ent insolvenc! of the debtor of
the estate) b$t onl! for his insolvenc! at the
ti#e the partition is #ade.
The warrant! of the solvenc! of the debtor
can onl! be enforced d$rin" the ve !ears
followin" the partition.
Co4heirs do not warrant bad debts) if so
known to) and accepted b!) the distrib$tee.
F$t if s$ch debts are not assi"ned to a co4
heir) and sho$ld be collected) in whole or in
part) the a#o$nt collected shall be
distrib$ted proportionatel! a#on" the heirs.
(1:22a)
Art. 1:8/. The obli"ation of warrant! a#on"
co4heirs shall cease in the followin" cases?
(1) 5hen the testator hi#self has #ade the
partition) $nless it appears) or it #a! be
reasonabl! pres$#ed) that his intention was
otherwise) b$t the le"iti#e shall alwa!s
re#ain $ni#paired;
(2) 5hen it has been so e,pressl! stip$lated
in the a"ree#ent of partition) $nless there
has been bad faith;
(*) 5hen the eviction is d$e to a ca$se
s$bse3$ent to the partition) or has been
ca$sed b! the fa$lt of the distrib$tee of the
propert!. (1:2:a)
CBFC=CT+%9 *. 4 0escission and 9$llit! of
Partition

Art. 1:82. A partition #a! be rescinded or
ann$lled for the sa#e ca$ses as contracts.
(1:2*a)
Art. 1:86. A partition) 1$dicial or e,tra4
1$dicial) #a! also be rescinded on acco$nt of
lesion) when an! one of the co4heirs received
thin"s whose val$e is less) b! at least one4
fo$rth) than the share to which he is entitled)
considerin" the val$e of the thin"s at the
ti#e the! were ad1$dicated. (1:2-a)
Art. 1:88. The partition #ade b! the testator
cannot be i#p$"ned on the "ro$nd of lesion)
e,cept when the le"iti#e of the co#p$lsor!
heirs is thereb! pre1$diced) or when it
appears or #a! reasonabl! be pres$#ed)
that the intention of the testator was
otherwise. (1:2.)
Art. 11::. The action for rescission on
acco$nt of lesion shall prescribe after fo$r
!ears fro# the ti#e the partition was #ade.
(1:2/)
Art. 11:1. The heir who is s$ed shall have
the option of inde#nif!in" the plaintif for
the loss) or consentin" to a new partition.
+nde#nit! #a! be #ade b! pa!#ent in cash
or b! the deliver! of a thin" of the sa#e kind
and 3$alit! as that awarded to the plaintif.
+f a new partition is #ade) it shall afect
neither those who have not been pre1$diced
nor those have not received #ore than their
1$st share. (1:22a)
Art. 11:2. An heir who has alienated the
whole or a considerable part of the real
propert! ad1$dicated to hi# cannot #aintain
an action for rescission on the "ro$nd of
lesion) b$t he shall have a ri"ht to be
inde#nied in cash. (1:26a)
Art. 11:*. The o#ission of one or #ore
ob1ects or sec$rities of the inheritance shall
not ca$se the rescission of the partition on
the "ro$nd of lesion) b$t the partition shall
be co#pleted b! the distrib$tion of the
ob1ects or sec$rities which have been
o#itted. (1:28a)
Art. 11:-. A partition #ade with preterition
of an! of the co#p$lsor! heirs shall not be
rescinded) $nless it be proved that there was
bad faith or fra$d on the part of the other
persons interested; b$t the latter shall be
proportionatel! obli"ed to pa! to the person
o#itted the share which belon"s to hi#.
(1:6:)
Art. 11:.. A partition which incl$des a
person believed to be an heir) b$t who is not)
shall be void onl! with respect to s$ch
person. (1:61a)

Title A. 4 P0=CC0+PT+%9

C<APT=0 1
'=9=0AL P0%A+C+%9C

Art. 11:/. F! prescription) one ac3$ires
ownership and other real ri"hts thro$"h the
lapse of ti#e in the #anner and $nder the
conditions laid down b! law.
+n the sa#e wa!) ri"hts and conditions are
lost b! prescription. (18*:a)
Art. 11:2. Persons who are capable of
ac3$irin" propert! or ri"hts b! the other
le"al #odes #a! ac3$ire the sa#e b! #eans
of prescription.
@inors and other incapacitated persons #a!
ac3$ire propert! or ri"hts b! prescription)
either personall! or thro$"h their parents)
"$ardians or le"al representatives. (18*1a)
Art. 11:6. Prescription) both ac3$isitive and
e,tinctive) r$ns a"ainst?
(1) @inors and other incapacitated persons
who have parents) "$ardians or other le"al
representatives;
(2) Absentees who have ad#inistrators)
either appointed b! the# before their
disappearance) or appointed b! the co$rts;
(*) Persons livin" abroad) who have
#ana"ers or ad#inistrators;
(-) 7$ridical persons) e,cept the Ctate and its
s$bdivisions.
Persons who are dis3$alied fro#
ad#inisterin" their propert! have a ri"ht to
clai# da#a"es fro# their le"al
representatives whose ne"li"ence has been
the ca$se of prescription. (18*2a)
Art. 11:8. Prescription does not r$n between
h$sband and wife) even tho$"h there be a
separation of propert! a"reed $pon in the
#arria"e settle#ents or b! 1$dicial decree.
9either does prescription r$n between
parents and children) d$rin" the #inorit! or
insanit! of the latter) and between "$ardian
and ward d$rin" the contin$ance of the
"$ardianship. (n)
Art. 111:. Prescription) ac3$isitive and
e,tinctive) r$ns in favor of) or a"ainst a
#arried wo#an. (n)
Art. 1111. Prescription obtained b! a co4
proprietor or a co4owner shall benet the
others. (18**)
Art. 1112. Persons with capacit! to alienate
propert! #a! reno$nce prescription alread!
obtained) b$t not the ri"ht to prescribe in the
f$t$re.
Prescription is dee#ed to have been tacitl!
reno$nced when the ren$nciation res$lts
fro# acts which i#pl! the abandon#ent of
the ri"ht ac3$ired. (18*.)
Art. 111*. All thin"s which are within the
co##erce of #en are s$sceptible of
prescription) $nless otherwise provided.
Propert! of the Ctate or an! of its
s$bdivisions not patri#onial in character
shall not be the ob1ect of prescription.
(18*/a)
Art. 111-. Creditors and all other persons
interested in #akin" the prescription
efective #a! avail the#selves thereof
notwithstandin" the e,press or tacit
ren$nciation b! the debtor or proprietor.
(18*2)
Art. 111.. The provisions of the present Title
are $nderstood to be witho$t pre1$dice to
what in this Code or in special laws is
established with respect to specic cases of
prescription. (18*6)
Art. 111/. Prescription alread! r$nnin"
before the efectivit! of this Code shall be
"overned b! laws previo$sl! in force; b$t if
since the ti#e this Code took efect the
entire period herein re3$ired for prescription
sho$ld elapse) the present Code shall be
applicable) even tho$"h b! the for#er laws a
lon"er period #i"ht be re3$ired. (18*8)

C<APT=0 2
P0=CC0+PT+%9 %D %59=0C<+P A9H %T<=0
0=AL 0+'<TC

Art. 1112. Ac3$isitive prescription of
do#inion and other real ri"hts #a! be
ordinar! or e,traordinar!.
%rdinar! ac3$isitive prescription re3$ires
possession of thin"s in "ood faith and with
1$st title for the ti#e ,ed b! law. (18-:a)
Art. 1116. Possession has to be in the
concept of an owner) p$blic) peacef$l and
$ninterr$pted. (18-1)
Art. 1118. Acts of possessor! character
e,ec$ted in virt$e of license or b! #ere
tolerance of the owner shall not be available
for the p$rposes of possession. (18-2)
Art. 112:. Possession is interr$pted for the
p$rposes of prescription) nat$rall! or civill!.
(18-*)
Art. 1121. Possession is nat$rall! interr$pted
when thro$"h an! ca$se it sho$ld cease for
#ore than one !ear.
The old possession is not revived if a new
possession sho$ld be e,ercised b! the sa#e
adverse clai#ant. (18--a)
Art. 1122. +f the nat$ral interr$ption is for
onl! one !ear or less) the ti#e elapsed shall
be co$nted in favor of the prescription. (n)
Art. 112*. Civil interr$ption is prod$ced b!
1$dicial s$##ons to the possessor. (18-.a)
Art. 112-. 7$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 le"al
sole#nities;
(2) +f the plaintif sho$ld desist fro# the
co#plaint or sho$ld allow the proceedin"s to
lapse;
(*) +f the possessor sho$ld be absolved fro#
the co#plaint.
+n all these cases) the period of the
interr$ption shall be co$nted for the
prescription. (18-/a)
Art. 112.. An! e,press or tacit reco"nition
which the possessor #a! #ake of the
owner>s ri"ht also interr$pts possession.
(18-6)
Art. 112/. A"ainst a title recorded in the
0e"istr! of Propert!) ordinar! prescription of
ownership or real ri"hts shall not take place
to the pre1$dice of a third person) e,cept in
virt$e of another title also recorded; and the
ti#e shall be"in to r$n fro# the recordin" of
the latter.
As to lands re"istered $nder the Land
0e"istration Act) the provisions of that
special law shall "overn. (18-8a)
Art. 1122. The "ood faith of the possessor
consists in the reasonable belief that the
person fro# who# he received the thin" was
the owner thereof) and co$ld trans#it his
ownership. (18.:a)
Art. 1126. The conditions of "ood faith
re3$ired for possession in Articles .2/) .22)
.26) and .28 of this Code are likewise
necessar! for the deter#ination of "ood faith
in the prescription of ownership and other
real ri"hts. (18.1)
Art. 1128. Dor the p$rposes of prescription)
there is 1$st title when the adverse clai#ant
ca#e into possession of the propert! thro$"h
one of the #odes reco"ni(ed b! law for the
ac3$isition of ownership or other real ri"hts)
b$t the "rantor was not the owner or co$ld
not trans#it an! ri"ht. (n)
Art. 11*:. The title for prescription #$st be
tr$e and valid. (18.*)
Art. 11*1. Dor the p$rposes of prescription)
1$st title #$st be proved; it is never
pres$#ed. (18.-a)
Art. 11*2. The ownership of #ovables
prescribes thro$"h $ninterr$pted possession
for fo$r !ears in "ood faith.
The ownership of personal propert! also
prescribes thro$"h $ninterr$pted possession
for ei"ht !ears) witho$t need of an! other
condition.
5ith re"ard to the ri"ht of the owner to
recover personal propert! lost or of which he
has been ille"all! deprived) as well as with
respect to #ovables ac3$ired in a p$blic
sale) fair) or #arket) or fro# a #erchant>s
store the provisions of Articles ..8 and 1.:.
of this Code shall be observed. (18..a)
Art. 11**. @ovables possessed thro$"h a
cri#e can never be ac3$ired thro$"h
prescription b! the ofender. (18./a)
Art. 11*-. %wnership and other real ri"hts
over i##ovable propert! are ac3$ired b!
ordinar! prescription thro$"h possession of
ten !ears. (18.2a)
Art. 11*.. +n case the adverse clai#ant
possesses b! #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*2. %wnership and other real ri"hts
over i##ovables also prescribe thro$"h
$ninterr$pted adverse possession thereof for
thirt! !ears) witho$t need of title or of "ood
faith. (18.8a)
Art. 11*6. +n the co#p$tation of ti#e
necessar! for prescription the followin" r$les
shall be observed?
(1) The present possessor #a! co#plete the
period necessar! for prescription b! tackin"
his possession to that of his "rantor or
predecessor in interest;
(2) +t is pres$#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) $nless there is
proof to the contrar!;
(*) The rst da! shall be e,cl$ded and the
last da! incl$ded. (18/:a)
C<APT=0 *
P0=CC0+PT+%9 %D ACT+%9C

Art. 11*8. Actions prescribe b! the #ere
lapse of ti#e ,ed b! law. (18/1)
Art. 11-:. Actions to recover #ovables shall
prescribe ei"ht !ears fro# the ti#e the
possession thereof is lost) $nless the
possessor has ac3$ired the ownership b!
prescription for a less period) accordin" to
Articles 11*2) and witho$t pre1$dice to the
provisions of Articles ..8) 1.:.) and 11**.
(18/2a)
Art. 11-1. 0eal actions over i##ovables
prescribe after thirt! !ears.
This provision is witho$t pre1$dice to what is
established for the ac3$isition of ownership
and other real ri"hts b! prescription. (18/*)
Art. 11-2. A #ort"a"e action prescribes after
ten !ears. (18/-a)
Art. 11-*. The followin" ri"hts) a#on" others
specied elsewhere in this Code) are not
e,tin"$ished b! prescription?
(1) To de#and a ri"ht of wa!) re"$lated in
Article /-8;
(2) To brin" an action to abate a p$blic or
private n$isance. (n)
Art. 11--. The followin" actions #$st be
bro$"ht within ten !ears fro# the ti#e the
ri"ht of action accr$es?
(1) Bpon a written contract;
(2) Bpon an obli"ation created b! law;
(*) Bpon a 1$d"#ent. (n)
Art. 11-.. The followin" actions #$st be
co##enced within si, !ears?
(1) Bpon an oral contract;
(2) Bpon a 3$asi4contract. (n)
Art. 11-/. The followin" actions #$st be
instit$ted within fo$r !ears?
(1) Bpon an in1$r! to the ri"hts of the
plaintif;
(2) Bpon a 3$asi4delict;
<owever) when the action arises fro# or o$t
of an! act) activit!) or cond$ct of an! p$blic
o&cer involvin" the e,ercise of powers or
a$thorit! arisin" fro# @artial Law incl$din"
the arrest) detention andMor trial of the
plaintif) the sa#e #$st be bro$"ht within
one (1) !ear. (As a#ended b! PH 9o. 12..)
Hec. 2-) 186:.)
Art. 11-2. The followin" actions #$st be led
within one !ear?
(1) Dor forcible entr! and detainer;
(2) Dor defa#ation. (n)
Art. 11-6. The li#itations of action
#entioned in Articles 11-: to 11-2) and
11-- to 11-2 are witho$t pre1$dice to those
specied in other parts of this Code) in the
Code of Co##erce) and in special laws. (n)
Art. 11-8. All other actions whose periods
are not ,ed in this Code or in other laws
#$st be bro$"ht within ve !ears fro# the
ti#e the ri"ht of action accr$es. (n)
Art. 11.:. The ti#e for prescription for all
kinds of actions) when there is no special
provision which ordains otherwise) shall be
co$nted fro# the da! the! #a! be bro$"ht.
(18/8)
Art. 11.1. The ti#e for the prescription of
actions which have for their ob1ect the
enforce#ent of obli"ations to pa! principal
with interest or ann$it! r$ns fro# the last
pa!#ent of the ann$it! or of the interest.
(182:a)
Art. 11.2. The period for prescription of
actions to de#and the f$lll#ent of
obli"ation declared b! a 1$d"#ent
co##ences fro# the ti#e the 1$d"#ent
beca#e nal. (1821)
Art. 11.*. The period for prescription of
actions to de#and acco$ntin" r$ns fro# the
da! the persons who sho$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$lt was reco"ni(ed b!
a"ree#ent of the interested parties. (1822)
Art. 11.-. The period d$rin" which the
obli"ee was prevented b! a fort$ito$s event
fro# enforcin" his ri"ht is not reckoned
a"ainst hi#. (n)
Art. 11... The prescription of actions is
interr$pted when the! are led before the
co$rt) when there is a written e,tra1$dicial
de#and b! the creditors) and when there is
an! written acknowled"#ent of the debt b!
the debtor. (182*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 obli"ation is a 1$ridical
necessit! to "ive) to do or not to do. (n)
Art. 11.2. %bli"ations arise fro#?
(1) Law;
(2) Contracts;
(*) I$asi4contracts;
(-) Acts or o#issions p$nished b! law; and
(.) I$asi4delicts. (1:68a)
Art. 11.6. %bli"ations derived fro# law are
not pres$#ed. %nl! those e,pressl!
deter#ined in this Code or in special laws are
de#andable) and shall be re"$lated b! the
precepts of the law which establishes the#;
and as to what has not been foreseen) b! the
provisions of this Fook. (1:8:)
Art. 11.8. %bli"ations arisin" fro# contracts
have the force of law between the
contractin" parties and sho$ld be co#plied
with in "ood faith. (1:81a)
Art. 11/:. %bli"ations derived fro# 3$asi4
contracts shall be s$b1ect to the provisions of
Chapter 1) Title KA++) of this Fook. (n)
Art. 11/1. Civil obli"ations arisin" fro#
cri#inal ofenses shall be "overned b! the
penal laws) s$b1ect to the provisions of
Article 2122) and of the pertinent provisions
of Chapter 2) Preli#inar! Title) on <$#an
0elations) and of Title KA+++ of this Fook)
re"$latin" da#a"es. (1:82a)
Art. 11/2. %bli"ations derived fro# 3$asi4
delicts shall be "overned b! the provisions of
Chapter 2) Title KA++ of this Fook) and b!
special laws. (1:8*a)

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Art. 11/*. =ver! person obli"ed to "ive
so#ethin" is also obli"ed to take care of it
with the proper dili"ence of a "ood father of
a fa#il!) $nless the law or the stip$lation of
the parties re3$ires another standard of care.
(1:8-a)
Art. 11/-. The creditor has a ri"ht to the
fr$its of the thin" fro# the ti#e the
obli"ation to deliver it arises. <owever) he
shall ac3$ire no real ri"ht over it $ntil the
sa#e has been delivered to hi#. (1:8.)
Art. 11/.. 5hen what is to be delivered is a
deter#inate thin") the creditor) in addition to
the ri"ht "ranted hi# b! Article 112:) #a!
co#pel the debtor to #ake the deliver!.
+f the thin" is indeter#inate or "eneric) he
#a! ask that the obli"ation be co#plied with
at the e,pense of the debtor.
+f the obli"or dela!s) or has pro#ised to
deliver the sa#e thin" to two or #ore
persons who do not have the sa#e interest)
he shall be responsible for an! fort$ito$s
event $ntil he has efected the deliver!.
(1:8/)
Art. 11//. The obli"ation to "ive a
deter#inate thin" incl$des that of deliverin"
all its accessions and accessories) even
tho$"h the! #a! not have been #entioned.
(1:82a)
Art. 11/2. +f a person obli"ed to do
so#ethin" fails to do it) the sa#e shall be
e,ec$ted at his cost.
This sa#e r$le shall be observed if he does it
in contravention of the tenor of the
obli"ation. D$rther#ore) it #a! be decreed
that what has been poorl! done be $ndone.
(1:86)
Art. 11/6. 5hen the obli"ation consists in
not doin") and the obli"or does what has
been forbidden hi#) it shall also be $ndone
at his e,pense. (1:88a)
Art. 11/8. Those obli"ed to deliver or to do
so#ethin" inc$r in dela! fro# the ti#e the
obli"ee 1$diciall! or e,tra1$diciall! de#ands
fro# the# the f$lll#ent of their obli"ation.
<owever) the de#and b! the creditor shall
not be necessar! in order that dela! #a!
e,ist?
(1) 5hen the obli"ation or the law e,pressl!
so declare; or
(2) 5hen fro# the nat$re and the
circ$#stances of the obli"ation it appears
that the desi"nation of the ti#e when the
thin" is to be delivered or the service is to be
rendered was a controllin" #otive for the
establish#ent of the contract; or
(*) 5hen de#and wo$ld be $seless) as when
the obli"or has rendered it be!ond his power
to perfor#.
+n reciprocal obli"ations) neither part! inc$rs
in dela! if the other does not co#pl! or is not
read! to co#pl! in a proper #anner with
what is inc$#bent $pon hi#. Dro# the
#o#ent one of the parties f$llls his
obli"ation) dela! b! the other be"ins.
(11::a)
Art. 112:. Those who in the perfor#ance of
their obli"ations are "$ilt! of fra$d)
ne"li"ence) or dela!) and those who in an!
#anner contravene the tenor thereof) are
liable for da#a"es. (11:1)
Art. 1121. 0esponsibilit! arisin" fro# fra$d is
de#andable in all obli"ations. An! waiver of
an action for f$t$re fra$d is void. (11:2a)
Art. 1122. 0esponsibilit! arisin" fro#
ne"li"ence in the perfor#ance of ever! kind
of obli"ation is also de#andable) b$t s$ch
liabilit! #a! be re"$lated b! the co$rts)
accordin" to the circ$#stances. (11:*)
Art. 112*. The fa$lt or ne"li"ence of the
obli"or consists in the o#ission of that
dili"ence which is re3$ired b! the nat$re of
the obli"ation and corresponds with the
circ$#stances of the persons) of the ti#e
and of the place. 5hen ne"li"ence shows
bad faith) the provisions of Articles 1121 and
22:1) para"raph 2) shall appl!.
+f the law or contract does not state the
dili"ence which is to be observed in the
perfor#ance) that which is e,pected of a
"ood father of a fa#il! shall be re3$ired.
(11:-a)
Art. 112-. =,cept in cases e,pressl!
specied b! the law) or when it is otherwise
declared b! stip$lation) or when the nat$re
of the obli"ation re3$ires the ass$#ption of
risk) no person shall be responsible for those
events which co$ld not be foreseen) or
which) tho$"h foreseen) were inevitable.
(11:.a)
Art. 112.. Bs$rio$s transactions shall be
"overned b! special laws. (n)
Art. 112/. The receipt of the principal b! 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$ch install#ents have been paid. (111:a)
Art. 1122. The creditors) after havin"
p$rs$ed the propert! in possession of the
debtor to satisf! their clai#s) #a! e,ercise
all the ri"hts and brin" all the actions of the
latter for the sa#e p$rpose) save those
which are inherent in his person; the! #a!
also i#p$"n the acts which the debtor #a!
have done to defra$d the#. (1111)
Art. 1126. C$b1ect to the laws) all ri"hts
ac3$ired in virt$e of an obli"ation are
trans#issible) if there has been no
stip$lation to the contrar!. (1112)

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C=CT+%9 1. 4 P$re and Conditional
%bli"ations

Art. 1128. =ver! obli"ation whose
perfor#ance does not depend $pon a f$t$re
or $ncertain event) or $pon a past event
$nknown to the parties) is de#andable at
once.
=ver! obli"ation which contains a resol$tor!
condition shall also be de#andable) witho$t
pre1$dice to the efects of the happenin" of
the event. (111*)
Art. 116:. 5hen the debtor binds hi#self to
pa! when his #eans per#it hi# to do so) the
obli"ation shall be dee#ed to be one with a
period) s$b1ect to the provisions of Article
1182. (n)
Art. 1161. +n conditional obli"ations) the
ac3$isition of ri"hts) as well as the
e,tin"$ish#ent or loss of those alread!
ac3$ired) shall depend $pon the happenin"
of the event which constit$tes the condition.
(111-)
Art. 1162. 5hen the f$lll#ent of the
condition depends $pon the sole will of the
debtor) the conditional obli"ation shall be
void. +f it depends $pon chance or $pon the
will of a third person) the obli"ation shall
take efect in confor#it! with the provisions
of this Code. (111.)
Art. 116*. +#possible conditions) those
contrar! to "ood c$sto#s or p$blic polic!
and those prohibited b! law shall ann$l the
obli"ation which depends $pon the#. +f the
obli"ation is divisible) that part thereof which
is not afected b! 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
a"reed $pon. (111/a)
Art. 116-. The condition that so#e event
happen at a deter#inate ti#e shall
e,tin"$ish the obli"ation as soon as the ti#e
e,pires or if it has beco#e ind$bitable that
the event will not take place. (1112)
Art. 116.. The condition that so#e event will
not happen at a deter#inate ti#e shall
render the obli"ation efective fro# the
#o#ent the ti#e indicated has elapsed) or if
it has beco#e evident that the event cannot
occ$r.
+f no ti#e has been ,ed) the condition shall
be dee#ed f$llled at s$ch ti#e as #a!
have probabl! been conte#plated) bearin"
in #ind the nat$re of the obli"ation. (1116)
Art. 116/. The condition shall be dee#ed
f$llled when the obli"or vol$ntaril! prevents
its f$lll#ent. (1118)
Art. 1162. The efects of a conditional
obli"ation to "ive) once the condition has
been f$llled) shall retroact to the da! of the
constit$tion of the obli"ation. 9evertheless)
when the obli"ation i#poses reciprocal
prestations $pon the parties) the fr$its and
interests d$rin" the pendenc! of the
condition shall be dee#ed to have been
#$t$all! co#pensated. +f the obli"ation is
$nilateral) the debtor shall appropriate the
fr$its and interests received) $nless fro# the
nat$re and circ$#stances of the obli"ation it
sho$ld be inferred that the intention of the
person constit$tin" the sa#e was diferent.
+n obli"ations to do and not to do) the co$rts
shall deter#ine) in each case) the retroactive
efect of the condition that has been
co#plied with. (112:)
Art. 1166. The creditor #a!) before the
f$lll#ent of the condition) brin" the
appropriate actions for the preservation of
his ri"ht.
The debtor #a! recover what d$rin" the
sa#e ti#e he has paid b! #istake in case of
a s$spensive condition. (1121a)
Art. 1168. 5hen the conditions have been
i#posed with the intention of s$spendin" the
e&cac! of an obli"ation 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 pendenc! of the condition?
(1) +f the thin" is lost witho$t the fa$lt of the
debtor) the obli"ation shall be e,tin"$ished;
(2) +f the thin" is lost thro$"h the fa$lt of the
debtor) he shall be obli"ed to pa! da#a"es;
it is $nderstood that the thin" is lost when it
perishes) or "oes o$t of co##erce) or
disappears in s$ch a wa! that its e,istence is
$nknown or it cannot be recovered;
(*) 5hen the thin" deteriorates witho$t the
fa$lt of the debtor) the i#pair#ent is to be
borne b! the creditor;
(-) +f it deteriorates thro$"h the fa$lt of the
debtor) the creditor #a! choose between the
rescission of the obli"ation and its f$lll#ent)
with inde#nit! for da#a"es in either case;
(.) +f the thin" is i#proved b! its nat$re) or
b! ti#e) the i#prove#ent shall in$re to the
benet of the creditor;
(/) +f it is i#proved at the e,pense of the
debtor) he shall have no other ri"ht than that
"ranted to the $s$fr$ct$ar!. (1122)
Art. 118:. 5hen the conditions have for their
p$rpose the e,tin"$ish#ent of an obli"ation
to "ive) the parties) $pon the f$lll#ent of
said conditions) shall ret$rn to each other
what the! have received.
+n case of the loss) deterioration or
i#prove#ent of the thin") the provisions
which) with respect to the debtor) are laid
down in the precedin" article shall be applied
to the part! who is bo$nd to ret$rn.
As for the obli"ations to do and not to do) the
provisions of the second para"raph of Article
1162 shall be observed as re"ards the efect
of the e,tin"$ish#ent of the obli"ation.
(112*)
Art. 1181. The power to rescind obli"ations is
i#plied in reciprocal ones) in case one of the
obli"ors sho$ld not co#pl! with what is
inc$#bent $pon hi#.
The in1$red part! #a! choose between the
f$lll#ent and the rescission of the
obli"ation) with the pa!#ent of da#a"es in
either case. <e #a! also seek rescission)
even after he has chosen f$lll#ent) if the
latter sho$ld beco#e i#possible.
The co$rt shall decree the rescission
clai#ed) $nless there be 1$st ca$se
a$thori(in" the ,in" of a period.
This is $nderstood to be witho$t pre1$dice to
the ri"hts of third persons who have ac3$ired
the thin") in accordance with Articles 1*6.
and 1*66 and the @ort"a"e Law. (112-)
Art. 1182. +n case both parties have
co##itted a breach of the obli"ation) the
liabilit! of the rst infractor shall be
e3$itabl! te#pered b! the co$rts. +f it cannot
be deter#ined which of the parties rst
violated the contract) the sa#e shall be
dee#ed e,tin"$ished) and each shall bear
his own da#a"es. (n)

C=CT+%9 2. 4 %bli"ations with a Period

Art. 118*. %bli"ations for whose f$lll#ent a
da! certain has been ,ed) shall be
de#andable onl! when that da! co#es.
%bli"ations with a resol$tor! period take
efect at once) b$t ter#inate $pon arrival of
the da! certain.
A da! certain is $nderstood to be that which
#$st necessaril! co#e) altho$"h it #a! not
be known when.
+f the $ncertaint! consists in whether the da!
will co#e or not) the obli"ation is conditional)
and it shall be re"$lated b! the r$les of the
precedin" Cection. (112.a)
Art. 118-. +n case of loss) deterioration or
i#prove#ent of the thin" before the arrival
of the da! certain) the r$les in Article 1168
shall be observed. (n)
Art. 118.. An!thin" paid or delivered before
the arrival of the period) the obli"or bein"
$naware of the period or believin" that the
obli"ation has beco#e d$e and de#andable)
#a! be recovered) with the fr$its and
interests. (112/a)
Art. 118/. 5henever in an obli"ation a
period is desi"nated) it is pres$#ed to have
been established for the benet of both the
creditor and the debtor) $nless fro# the
tenor of the sa#e or other circ$#stances it
sho$ld appear that the period has been
established in favor of one or of the other.
(1122)
Art. 1182. +f the obli"ation does not , a
period) b$t fro# its nat$re and the
circ$#stances it can be inferred that a
period was intended) the co$rts #a! , the
d$ration thereof.
The co$rts shall also , the d$ration of the
period when it depends $pon the will of the
debtor.
+n ever! case) the co$rts shall deter#ine
s$ch period as #a! $nder the circ$#stances
have been probabl! conte#plated b! the
parties. %nce ,ed b! the co$rts) the period
cannot be chan"ed b! the#. (1126a)
Art. . The debtor shall lose ever! ri"ht to
#ake $se of the period?
(1) 5hen after the obli"ation has been
contracted) he beco#es insolvent) $nless he
"ives a "$arant! or sec$rit! for the debt;
(2) 5hen he does not f$rnish to the creditor
the "$aranties or sec$rities which he has
pro#ised;
(*) 5hen b! 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 the! disappear) $nless he
i##ediatel! "ives new ones e3$all!
satisfactor!;
(-) 5hen the debtor violates an!
$ndertakin") in consideration of which the
creditor a"reed to the period;
(.) 5hen the debtor atte#pts to abscond.
(1128a)

C=CT+%9 *. 4 Alternative %bli"ations

Art. 1188. A person alternativel! bo$nd b!
diferent prestations shall co#pletel!
perfor# one of the#.
The creditor cannot be co#pelled to receive
part of one and part of the other
$ndertakin". (11*1)
Art. 12::. The ri"ht of choice belon"s to the
debtor) $nless it has been e,pressl! "ranted
to the creditor.
The debtor shall have no ri"ht to choose
those prestations which are i#possible)
$nlawf$l or which co$ld not have been the
ob1ect of the obli"ation. (11*2)
Art. 12:1. The choice shall prod$ce no efect
e,cept fro# the ti#e it has been
co##$nicated. (11**)
Art. 12:2. The debtor shall lose the ri"ht of
choice when a#on" the prestations whereb!
he is alternativel! bo$nd) onl! one is
practicable. (11*-)
Art. 12:*. +f thro$"h the creditor>s acts the
debtor cannot #ake a choice accordin" to
the ter#s of the obli"ation) the latter #a!
rescind the contract with da#a"es. (n)
Art. 12:-. The creditor shall have a ri"ht to
inde#nit! for da#a"es when) thro$"h the
fa$lt of the debtor) all the thin"s which are
alternativel! the ob1ect of the obli"ation
have been lost) or the co#pliance of the
obli"ation has beco#e i#possible.
The inde#nit! shall be ,ed takin" as a basis
the val$e of the last thin" which
disappeared) or that of the service which last
beca#e i#possible.
Ha#a"es other than the val$e of the last
thin" or service #a! also be awarded.
(11*.a)
Art. 12:.. 5hen the choice has been
e,pressl! "iven to the creditor) the obli"ation
shall cease to be alternative fro# the da!
when the selection has been co##$nicated
to the debtor.
Bntil then the responsibilit! of the debtor
shall be "overned b! the followin" r$les?
(1) +f one of the thin"s is lost thro$"h a
fort$ito$s event) he shall perfor# the
obli"ation b! deliverin" that which the
creditor sho$ld choose fro# a#on" the
re#ainder) or that which re#ains if onl! one
s$bsists;
(2) +f the loss of one of the thin"s occ$rs
thro$"h the fa$lt of the debtor) the creditor
#a! clai# an! of those s$bsistin") or the
price of that which) thro$"h the fa$lt of the
for#er) has disappeared) with a ri"ht to
da#a"es;
(*) +f all the thin"s are lost thro$"h the fa$lt
of the debtor) the choice b! the creditor shall
fall $pon the price of an! one of the#) also
with inde#nit! for da#a"es.
The sa#e r$les shall be applied to
obli"ations 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. 12:/. 5hen onl! one prestation has
been a"reed $pon) b$t the obli"or #a!
render another in s$bstit$tion) the obli"ation
is called fac$ltative.
The loss or deterioration of the thin"
intended as a s$bstit$te) thro$"h the
ne"li"ence of the obli"or) does not render
hi# liable. F$t once the s$bstit$tion has
been #ade) the obli"or is liable for the loss
of the s$bstit$te on acco$nt of his dela!)
ne"li"ence or fra$d. (n)

C=CT+%9 -. 4 7oint and Colidar! %bli"ations

Art. 12:2. The conc$rrence of two or #ore
creditors or of two or #ore debtors in one
and the sa#e obli"ation does not i#pl! that
each one of the for#er has a ri"ht to
de#and) or that each one of the latter is
bo$nd to render) entire co#pliance with the
prestation. There is a solidar! liabilit! onl!
when the obli"ation e,pressl! so states) or
when the law or the nat$re of the obli"ation
re3$ires solidarit!. (11*2a)
Art. 12:6. +f fro# the law) or the nat$re or
the wordin" of the obli"ations to which the
precedin" article refers the contrar! does not
appear) the credit or debt shall be pres$#ed
to be divided into as #an! shares as there
are creditors or debtors) the credits or debts
bein" considered distinct fro# one another)
s$b1ect to the 0$les of Co$rt "overnin" the
#$ltiplicit! of s$its. (11*6a)
Art. 12:8. +f the division is i#possible) the
ri"ht of the creditors #a! be pre1$diced onl!
b! their collective acts) and the debt can be
enforced onl! b! proceedin" a"ainst all the
debtors. +f one of the latter sho$ld be
insolvent) the others shall not be liable for
his share. (11*8)
Art. 121:. The indivisibilit! of an obli"ation
does not necessaril! "ive rise to solidarit!.
9or does solidarit! of itself i#pl!
indivisibilit!. (n)
Art. 1211. Colidarit! #a! e,ist altho$"h the
creditors and the debtors #a! not be bo$nd
in the sa#e #anner and b! the sa#e periods
and conditions. (11-:)
Art. 1212. =ach one of the solidar! creditors
#a! do whatever #a! be $sef$l to the
others) b$t not an!thin" which #a! be
pre1$dicial to the latter. (11-1a)
Art. 121*. A solidar! creditor cannot assi"n
his ri"hts witho$t the consent of the others.
(n)
Art. 121-. The debtor #a! pa! an! one of
the solidar! creditors; b$t if an! de#and)
1$dicial or e,tra1$dicial) has been #ade b!
one of the#) pa!#ent sho$ld be #ade to
hi#. (11-2a)
Art. 121.. 9ovation) co#pensation)
conf$sion or re#ission of the debt) #ade b!
an! of the solidar! creditors or with an! of
the solidar! debtors) shall e,tin"$ish the
obli"ation) witho$t pre1$dice to the
provisions of Article 1218.
The creditor who #a! have e,ec$ted an! of
these acts) as well as he who collects the
debt) shall be liable to the others for the
share in the obli"ation correspondin" to
the#. (11-*)
Art. 121/. The creditor #a! proceed a"ainst
an! one of the solidar! debtors or so#e or all
of the# si#$ltaneo$sl!. The de#and #ade
a"ainst one of the# shall not be an obstacle
to those which #a! s$bse3$entl! be directed
a"ainst the others) so lon" as the debt has
not been f$ll! collected. (11--a)
Art. 1212. Pa!#ent #ade b! one of the
solidar! debtors e,tin"$ishes the obli"ation.
+f two or #ore solidar! debtors ofer to pa!)
the creditor #a! choose which ofer to
accept.
<e who #ade the pa!#ent #a! clai# fro#
his co4debtors onl! the share which
corresponds to each) with the interest for the
pa!#ent alread! #ade. +f the pa!#ent is
#ade before the debt is d$e) no interest for
the intervenin" period #a! be de#anded.
5hen one of the solidar! debtors cannot)
beca$se of his insolvenc!) rei#b$rse his
share to the debtor pa!in" the obli"ation)
s$ch share shall be borne b! all his co4
debtors) in proportion to the debt of each.
(11-.a)
Art. 1216. Pa!#ent b! a solidar! debtor shall
not entitle hi# to rei#b$rse#ent fro# his
co4debtors if s$ch pa!#ent is #ade after the
obli"ation has prescribed or beco#e ille"al.
(n)
Art. 1218. The re#ission #ade b! the
creditor of the share which afects one of the
solidar! debtors does not release the latter
fro# his responsibilit! towards the co4
debtors) in case the debt had been totall!
paid b! an!one of the# before the re#ission
was efected. (11-/a)
Art. 122:. The re#ission of the whole
obli"ation) obtained b! one of the solidar!
debtors) does not entitle hi# to
rei#b$rse#ent fro# his co4debtors. (n)
Art. 1221. +f the thin" has been lost or if the
prestation has beco#e i#possible witho$t
the fa$lt of the solidar! debtors) the
obli"ation shall be e,tin"$ished.
+f there was fa$lt on the part of an! one of
the#) all shall be responsible to the creditor)
for the price and the pa!#ent of da#a"es
and interest) witho$t pre1$dice to their action
a"ainst the "$ilt! or ne"li"ent debtor.
+f thro$"h a fort$ito$s event) the thin" is lost
or the perfor#ance has beco#e i#possible
after one of the solidar! debtors has inc$rred
in dela! thro$"h the 1$dicial or e,tra1$dicial
de#and $pon hi# b! the creditor) the
provisions of the precedin" para"raph shall
appl!. (11-2a)
Art. 1222. A solidar! debtor #a!) in actions
led b! the creditor) avail hi#self of all
defenses which are derived fro# the nat$re
of the obli"ation and of those which are
personal to hi#) or pertain to his own share.
5ith respect to those which personall!
belon" to the others) he #a! avail hi#self
thereof onl! as re"ards that part of the debt
for which the latter are responsible. (11-6a)

C=CT+%9 .. 4 Hivisible and +ndivisible
%bli"ations

Art. 122*. The divisibilit! or indivisibilit! of
the thin"s that are the ob1ect of obli"ations
in which there is onl! one debtor and onl!
one creditor does not alter or #odif! the
provisions of Chapter 2 of this Title. (11-8)
Art. 122-. A 1oint indivisible obli"ation "ives
rise to inde#nit! for da#a"es fro# the ti#e
an!one of the debtors does not co#pl! with
his $ndertakin". The debtors who #a! have
been read! to f$lll their pro#ises shall not
contrib$te to the inde#nit! be!ond the
correspondin" portion of the price of the
thin" or of the val$e of the service in which
the obli"ation consists. (11.:)
Art. 122.. Dor the p$rposes of the precedin"
articles) obli"ations to "ive denite thin"s
and those which are not s$sceptible of
partial perfor#ance shall be dee#ed to be
indivisible.
5hen the obli"ation has for its ob1ect the
e,ec$tion of a certain n$#ber of da!s of
work) the acco#plish#ent of work b!
#etrical $nits) or analo"o$s thin"s which b!
their nat$re are s$sceptible of partial
perfor#ance) it shall be divisible.
<owever) even tho$"h the ob1ect or service
#a! be ph!sicall! divisible) an obli"ation is
indivisible if so provided b! law or intended
b! the parties.
+n obli"ations not to do) divisibilit! or
indivisibilit! shall be deter#ined b! the
character of the prestation in each partic$lar
case. (11.1a)

C=CT+%9 /. 4 %bli"ations with a Penal Cla$se

Art. 122/. +n obli"ations with a penal cla$se)
the penalt! shall s$bstit$te the inde#nit! for
da#a"es and the pa!#ent of interests in
case of nonco#pliance) if there is no
stip$lation to the contrar!. 9evertheless)
da#a"es shall be paid if the obli"or ref$ses
to pa! the penalt! or is "$ilt! of fra$d in the
f$lll#ent of the obli"ation.
The penalt! #a! be enforced onl! when it is
de#andable in accordance with the
provisions of this Code. (11.2a)
Art. 1222. The debtor cannot e,e#pt hi#self
fro# the perfor#ance of the obli"ation b!
pa!in" the penalt!) save in the case where
this ri"ht has been e,pressl! reserved for
hi#. 9either can the creditor de#and the
f$lll#ent of the obli"ation and the
satisfaction of the penalt! at the sa#e ti#e)
$nless this ri"ht has been clearl! "ranted
hi#. <owever) if after the creditor has
decided to re3$ire the f$lll#ent of the
obli"ation) the perfor#ance thereof sho$ld
beco#e i#possible witho$t his fa$lt) the
penalt! #a! be enforced. (11.*a)
Art. 1226. Proof of act$al da#a"es s$fered
b! the creditor is not necessar! in order that
the penalt! #a! be de#anded. (n)
Art. 1228. The 1$d"e shall e3$itabl! red$ce
the penalt! when the principal obli"ation has
been partl! or irre"$larl! co#plied with b!
the debtor. =ven if there has been no
perfor#ance) the penalt! #a! also be
red$ced b! the co$rts if it is ini3$ito$s or
$nconscionable. (11.-a)
Art. 12*:. The n$llit! of the penal cla$se
does not carr! with it that of the principal
obli"ation.
The n$llit! of the principal obli"ation carries
with it that of the penal cla$se. (11..)

C<APT=0 -
=KT+9'B+C<@=9T %D %FL+'AT+%9C

'=9=0AL P0%A+C+%9C

Art. 12*1. %bli"ations are e,tin"$ished?
(1) F! pa!#ent or perfor#ance?
(2) F! the loss of the thin" d$e?
(*) F! the condonation or re#ission of the
debt;
(-) F! the conf$sion or #er"er of the ri"hts
of creditor and debtor;
(.) F! co#pensation;
(/) F! novation.
%ther ca$ses of e,tin"$ish#ent of
obli"ations) s$ch as ann$l#ent) rescission)
f$lll#ent of a resol$tor! condition) and
prescription) are "overned elsewhere in this
Code. (11./a)

C=CT+%9 1. 4 Pa!#ent or Perfor#ance

Art. 12*2. Pa!#ent #eans not onl! the
deliver! of #one! b$t also the perfor#ance)
in an! other #anner) of an obli"ation. (n)
Art. 12**. A debt shall not be $nderstood to
have been paid $nless the thin" or service in
which the obli"ation consists has been
co#pletel! delivered or rendered) as the
case #a! be. (11.2)
Art. 12*-. +f the obli"ation has been
s$bstantiall! perfor#ed in "ood faith) the
obli"or #a! recover as tho$"h there had
been a strict and co#plete f$lll#ent) less
da#a"es s$fered b! the obli"ee. (n)
Art. 12*.. 5hen the obli"ee accepts the
perfor#ance) knowin" its inco#pleteness or
irre"$larit!) and witho$t e,pressin" an!
protest or ob1ection) the obli"ation is
dee#ed f$ll! co#plied with. (n)
Art. 12*/. The creditor is not bo$nd to accept
pa!#ent or perfor#ance b! a third person
who has no interest in the f$lll#ent of the
obli"ation) $nless there is a stip$lation to the
contrar!.
5hoever pa!s for another #a! de#and fro#
the debtor what he has paid) e,cept that if
he paid witho$t the knowled"e or a"ainst the
will of the debtor) he can recover onl! insofar
as the pa!#ent has been benecial to the
debtor. (11.6a)
Art. 12*2. 5hoever pa!s on behalf of the
debtor witho$t the knowled"e or a"ainst the
will of the latter) cannot co#pel the creditor
to s$bro"ate hi# in his ri"hts) s$ch as those
arisin" fro# a #ort"a"e) "$arant!) or
penalt!. (11.8a)
Art. 12*6. Pa!#ent #ade b! a third person
who does not intend to be rei#b$rsed b! the
debtor is dee#ed to be a donation) which
re3$ires the debtor>s consent. F$t the
pa!#ent is in an! case valid as to the
creditor who has accepted it. (n)
Art. 12*8. +n obli"ations to "ive) pa!#ent
#ade b! one who does not have the free
disposal of the thin" d$e and capacit! to
alienate it shall not be valid) witho$t
pre1$dice to the provisions of Article 1-22
$nder the Title on "9at$ral %bli"ations."
(11/:a)
Art. 12-:. Pa!#ent shall be #ade to the
person in whose favor the obli"ation has
been constit$ted) or his s$ccessor in interest)
or an! person a$thori(ed to receive it.
(11/2a)
Art. 12-1. Pa!#ent to a person who is
incapacitated to ad#inister his propert! shall
be valid if he has kept the thin" delivered) or
insofar as the pa!#ent has been benecial
to hi#.
Pa!#ent #ade to a third person shall also be
valid insofar as it has redo$nded to the
benet of the creditor. C$ch benet to the
creditor need not be proved in the followin"
cases?
(1) +f after the pa!#ent) the third person
ac3$ires the creditor>s ri"hts;
(2) +f the creditor raties the pa!#ent to the
third person;
(*) +f b! the creditor>s cond$ct) the debtor
has been led to believe that the third person
had a$thorit! to receive the pa!#ent.
(11/*a)
Art. 12-2. Pa!#ent #ade in "ood faith to
an! person in possession of the credit shall
release the debtor. (11/-)
Art. 12-*. Pa!#ent #ade to the creditor b!
the debtor after the latter has been 1$diciall!
ordered to retain the debt shall not be valid.
(11/.)
Art. 12--. The debtor of a thin" cannot
co#pel the creditor to receive a diferent
one) altho$"h the latter #a! be of the sa#e
val$e as) or #ore val$able than that which is
d$e.
+n obli"ations to do or not to do) an act or
forbearance cannot be s$bstit$ted b!
another act or forbearance a"ainst the
obli"ee>s will. (11//a)
Art. 12-.. Hation in pa!#ent) whereb!
propert! is alienated to the creditor in
satisfaction of a debt in #one!) shall be
"overned b! the law of sales. (n)
Art. 12-/. 5hen the obli"ation consists in
the deliver! of an indeter#inate or "eneric
thin") whose 3$alit! and circ$#stances have
not been stated) the creditor cannot de#and
a thin" of s$perior 3$alit!. 9either can the
debtor deliver a thin" of inferior 3$alit!. The
p$rpose of the obli"ation and other
circ$#stances shall be taken into
consideration. (11/2a)
Art. 12-2. Bnless it is otherwise stip$lated)
the e,tra1$dicial e,penses re3$ired b! the
pa!#ent shall be for the acco$nt of the
debtor. 5ith re"ard to 1$dicial costs) the
0$les of Co$rt shall "overn. (11/6a)
Art. 12-6. Bnless there is an e,press
stip$lation to that efect) the creditor cannot
be co#pelled partiall! to receive the
prestations in which the obli"ation consists.
9either #a! the debtor be re3$ired to #ake
partial pa!#ents.
<owever) when the debt is in part li3$idated
and in part $nli3$idated) the creditor #a!
de#and and the debtor #a! efect the
pa!#ent of the for#er witho$t waitin" for
the li3$idation of the latter. (11/8a)
Art. 12-8. The pa!#ent of debts in #one!
shall be #ade in the c$rrenc! stip$lated) and
if it is not possible to deliver s$ch c$rrenc!)
then in the c$rrenc! which is le"al tender in
the Philippines.
The deliver! of pro#issor! notes pa!able to
order) or bills of e,chan"e or other
#ercantile doc$#ents shall prod$ce the
efect of pa!#ent onl! when the! have been
cashed) or when thro$"h the fa$lt of the
creditor the! have been i#paired.
+n the #eanti#e) the action derived fro# the
ori"inal obli"ation shall be held in the
abe!ance. (112:)
Art. 12.:. +n case an e,traordinar! inEation
or deEation of the c$rrenc! stip$lated sho$ld
s$pervene) the val$e of the c$rrenc! at the
ti#e of the establish#ent of the obli"ation
shall be the basis of pa!#ent) $nless there is
an a"ree#ent to the contrar!. (n)
Art. 12.1. Pa!#ent shall be #ade in the
place desi"nated in the obli"ation.
There bein" no e,press stip$lation and if the
$ndertakin" is to deliver a deter#inate thin")
the pa!#ent shall be #ade wherever the
thin" #i"ht be at the #o#ent the obli"ation
was constit$ted.
+n an! other case the place of pa!#ent shall
be the do#icile of the debtor.
+f the debtor chan"es his do#icile in bad
faith or after he has inc$rred in dela!) the
additional e,penses shall be borne b! hi#.
These provisions are witho$t pre1$dice to
ven$e $nder the 0$les of Co$rt. (1121a)

CBFC=CT+%9 1. 4 Application of Pa!#ents

Art. 12.2. <e who has vario$s debts of the
sa#e kind in favor of one and the sa#e
creditor) #a! declare at the ti#e of #akin"
the pa!#ent) to which of the# the sa#e
#$st be applied. Bnless the parties so
stip$late) or when the application of pa!#ent
is #ade b! the part! for whose benet the
ter# has been constit$ted) application shall
not be #ade as to debts which are not !et
d$e.
+f the debtor accepts fro# the creditor a
receipt in which an application of the
pa!#ent is #ade) the for#er cannot
co#plain of the sa#e) $nless there is a
ca$se for invalidatin" the contract. (1122a)
Art. 12.*. +f the debt prod$ces interest)
pa!#ent of the principal shall not be dee#ed
to have been #ade $ntil the interests have
been covered. (112*)
Art. 12.-. 5hen the pa!#ent cannot be
applied in accordance with the precedin"
r$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$e) shall be dee#ed to have been satised.
+f the debts d$e are of the sa#e nat$re and
b$rden) the pa!#ent shall be applied to all of
the# proportionatel!. (112-a)

CBFC=CT+%9 2. 4 Pa!#ent b! Cession

Art. 12... The debtor #a! cede or assi"n his
propert! to his creditors in pa!#ent of his
debts. This cession) $nless there is
stip$lation to the contrar!) shall onl! release
the debtor fro# responsibilit! for the net
proceeds of the thin" assi"ned. The
a"ree#ents which) on the efect of the
cession) are #ade between the debtor and
his creditors shall be "overned b! special
laws. (112.a)

CBFC=CT+%9 *. 4 Tender of Pa!#ent and
Consi"nation

Art. 12./. +f the creditor to who# tender of
pa!#ent has been #ade ref$ses witho$t 1$st
ca$se to accept it) the debtor shall be
released fro# responsibilit! b! the
consi"nation of the thin" or s$# d$e.
Consi"nation alone shall prod$ce the sa#e
efect in the followin" cases?
(1) 5hen the creditor is absent or $nknown)
or does not appear at the place of pa!#ent;
(2) 5hen he is incapacitated to receive the
pa!#ent at the ti#e it is d$e;
(*) 5hen) witho$t 1$st ca$se) he ref$ses to
"ive a receipt;
(-) 5hen two or #ore persons clai# the
sa#e ri"ht to collect;
(.) 5hen the title of the obli"ation has been
lost. (112/a)
Art. 12.2. +n order that the consi"nation of
the thin" d$e #a! release the obli"or) it
#$st rst be anno$nced to the persons
interested in the f$lll#ent of the obli"ation.
The consi"nation shall be inefect$al if it is
not #ade strictl! in consonance with the
provisions which re"$late pa!#ent. (1122)
Art. 12.6. Consi"nation shall be #ade b!
depositin" the thin"s d$e at the disposal of
1$dicial a$thorit!) before who# the tender of
pa!#ent shall be proved) in a proper case)
and the anno$nce#ent of the consi"nation in
other cases.
The consi"nation havin" been #ade) the
interested parties shall also be notied
thereof. (1126)
Art. 12.8. The e,penses of consi"nation)
when properl! #ade) shall be char"ed
a"ainst the creditor. (1126)
Art. 12/:. %nce the consi"nation has been
d$l! #ade) the debtor #a! ask the 1$d"e to
order the cancellation of the obli"ation.
Fefore the creditor has accepted the
consi"nation) or before a 1$dicial declaration
that the consi"nation has been properl!
#ade) the debtor #a! withdraw the thin" or
the s$# deposited) allowin" the obli"ation to
re#ain in force. (116:)
Art. 12/1. +f) the consi"nation havin" been
#ade) the creditor sho$ld a$thori(e the
debtor to withdraw the sa#e) he shall lose
ever! preference which he #a! have over
the thin". The co4debtors) "$arantors and
s$reties shall be released. (1161a)

C=CT+%9 2. 4 Loss of the Thin" H$e

Art. 12/2. An obli"ation which consists in the
deliver! of a deter#inate thin" shall be
e,tin"$ished if it sho$ld be lost or destro!ed
witho$t the fa$lt of the debtor) and before he
has inc$rred in dela!.
5hen b! law or stip$lation) the obli"or is
liable even for fort$ito$s events) the loss of
the thin" does not e,tin"$ish the obli"ation)
and he shall be responsible for da#a"es. The
sa#e r$le applies when the nat$re of the
obli"ation re3$ires the ass$#ption of risk.
(1162a)
Art. 12/*. +n an obli"ation to deliver a
"eneric thin") the loss or destr$ction of
an!thin" of the sa#e kind does not
e,tin"$ish the obli"ation. (n)
Art. 12/-. The co$rts shall deter#ine
whether) $nder the circ$#stances) the
partial loss of the ob1ect of the obli"ation is
so i#portant as to e,tin"$ish the obli"ation.
(n)
Art. 12/.. 5henever the thin" is lost in the
possession of the debtor) it shall be
pres$#ed that the loss was d$e to his fa$lt)
$nless there is proof to the contrar!) and
witho$t pre1$dice to the provisions of article
11/.. This pres$#ption does not appl! in
case of earth3$ake) Eood) stor#) or other
nat$ral cala#it!. (116*a)
Art. 12//. The debtor in obli"ations to do
shall also be released when the prestation
beco#es le"all! or ph!sicall! i#possible
witho$t the fa$lt of the obli"or. (116-a)
Art. 12/2. 5hen the service has beco#e so
di&c$lt as to be #anifestl! be!ond the
conte#plation of the parties) the obli"or #a!
also be released therefro#) in whole or in
part. (n)
Art. 12/6. 5hen the debt of a thin" certain
and deter#inate proceeds fro# a cri#inal
ofense) the debtor shall not be e,e#pted
fro# the pa!#ent of its price) whatever #a!
be the ca$se for the loss) $nless the thin"
havin" been ofered b! hi# to the person
who sho$ld receive it) the latter ref$sed
witho$t 1$stication to accept it. (116.)
Art. 12/8. The obli"ation havin" been
e,tin"$ished b! the loss of the thin") the
creditor shall have all the ri"hts of action
which the debtor #a! have a"ainst third
persons b! reason of the loss. (116/)

C=CT+%9 *. 4 Condonation or 0e#ission of
the Hebt

Art. 122:. Condonation or re#ission is
essentiall! "rat$ito$s) and re3$ires the
acceptance b! the obli"or. +t #a! be #ade
e,pressl! or i#pliedl!.
%ne and the other kind shall be s$b1ect to
the r$les which "overn ino&cio$s donations.
=,press condonation shall) f$rther#ore)
co#pl! with the for#s of donation. (1162)
Art. 1221. The deliver! of a private
doc$#ent evidencin" a credit) #ade
vol$ntaril! b! the creditor to the debtor)
i#plies the ren$nciation of the action which
the for#er had a"ainst the latter.
+f in order to n$llif! this waiver it sho$ld be
clai#ed to be ino&cio$s) the debtor and his
heirs #a! $phold it b! provin" that the
deliver! of the doc$#ent was #ade in virt$e
of pa!#ent of the debt. (1166)
Art. 1222. 5henever the private doc$#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$ntaril!) $nless the contrar! is proved.
(1168)
Art. 122*. The ren$nciation of the principal
debt shall e,tin"$ish the accessor!
obli"ations; b$t the waiver of the latter shall
leave the for#er in force. (118:)
Art. 122-. +t is pres$#ed that the accessor!
obli"ation of pled"e has been re#itted when
the thin" pled"ed) after its deliver! to the
creditor) is fo$nd in the possession of the
debtor) or of a third person who owns the
thin". (1181a)

C=CT+%9 -. 4 Conf$sion or @er"er of 0i"hts

Art. 122.. The obli"ation is e,tin"$ished
fro# the ti#e the characters of creditor and
debtor are #er"ed in the sa#e person.
(1182a)
Art. 122/. @er"er which takes place in the
person of the principal debtor or creditor
benets the "$arantors. Conf$sion which
takes place in the person of an! of the latter
does not e,tin"$ish the obli"ation. (118*)
Art. 1222. Conf$sion does not e,tin"$ish a
1oint obli"ation e,cept as re"ards the share
correspondin" to the creditor or debtor in
who# the two characters conc$r. (118-)

C=CT+%9 .. 4 Co#pensation

Art. 1226. Co#pensation shall take place
when two persons) in their own ri"ht) are
creditors and debtors of each other. (118.)
Art. 1228. +n order that co#pensation #a!
be proper) it is necessar!?
(1) That each one of the obli"ors be bo$nd
principall!) and that he be at the sa#e ti#e
a principal creditor of the other;
(2) That both debts consist in a s$# of
#one!) or if the thin"s d$e are cons$#able)
the! be of the sa#e kind) and also of the
sa#e 3$alit! if the latter has been stated;
(*) That the two debts be d$e;
(-) That the! be li3$idated and de#andable;
(.) That over neither of the# there be an!
retention or controvers!) co##enced b!
third persons and co##$nicated in d$e ti#e
to the debtor. (118/)
Art. 126:. 9otwithstandin" the provisions of
the precedin" article) the "$arantor #a! set
$p co#pensation as re"ards what the
creditor #a! owe the principal debtor. (1182)
Art. 1261. Co#pensation #a! be total or
partial. 5hen the two debts are of the sa#e
a#o$nt) there is a total co#pensation. (n)
Art. 1262. The parties #a! a"ree $pon the
co#pensation of debts which are not !et
d$e. (n)
Art. 126*. +f one of the parties to a s$it over
an obli"ation has a clai# for da#a"es
a"ainst the other) the for#er #a! set it of
b! provin" his ri"ht to said da#a"es and the
a#o$nt thereof. (n)
Art. 126-. 5hen one or both debts are
rescissible or voidable) the! #a! be
co#pensated a"ainst each other before the!
are 1$diciall! rescinded or avoided. (n)
Art. 126.. The debtor who has consented to
the assi"n#ent of ri"hts #ade b! a creditor
in favor of a third person) cannot set $p
a"ainst the assi"nee the co#pensation
which wo$ld pertain to hi# a"ainst the
assi"nor) $nless the assi"nor was notied b!
the debtor at the ti#e he "ave his consent)
that he reserved his ri"ht to the
co#pensation.
+f the creditor co##$nicated the cession to
hi# b$t the debtor did not consent thereto)
the latter #a! set $p the co#pensation of
debts previo$s to the cession) b$t not of
s$bse3$ent ones.
+f the assi"n#ent is #ade witho$t the
knowled"e of the debtor) he #a! set $p the
co#pensation of all credits prior to the sa#e
and also later ones $ntil he had knowled"e of
the assi"n#ent. (1186a)
Art. 126/. Co#pensation takes place b!
operation of law) even tho$"h the debts #a!
be pa!able at diferent places) b$t there shall
be an inde#nit! for e,penses of e,chan"e or
transportation to the place of pa!#ent.
(1188a)
Art. 1262. Co#pensation shall not be proper
when one of the debts arises fro# a
deposit$# or fro# the obli"ations of a
depositar! or of a bailee in co##odat$#.
9either can co#pensation be set $p a"ainst
a creditor who has a clai# for s$pport d$e b!
"rat$ito$s title) witho$t pre1$dice to the
provisions of para"raph 2 of Article *:1.
(12::a)
Art. 1266. 9either shall there be
co#pensation if one of the debts consists in
civil liabilit! arisin" fro# a penal ofense. (n)
Art. 1268. +f a person sho$ld have a"ainst
hi# several debts which are s$sceptible of
co#pensation) the r$les on the application of
pa!#ents shall appl! to the order of the
co#pensation. (12:1)
Art. 128:. 5hen all the re3$isites #entioned
in Article 1228 are present) co#pensation
takes efect b! operation of law) and
e,tin"$ishes both debts to the conc$rrent
a#o$nt) even tho$"h the creditors and
debtors are not aware of the co#pensation.
(12:2a)

C=CT+%9 /. 4 9ovation

Art. 1281. %bli"ations #a! be #odied b!?
(1) Chan"in" their ob1ect or principal
conditions;
(2) C$bstit$tin" the person of the debtor;
(*) C$bro"atin" a third person in the ri"hts of
the creditor. (12:*)
Art. 1282. +n order that an obli"ation #a! be
e,tin"$ished b! another which s$bstit$te the
sa#e) it is i#perative that it be so declared
in $ne3$ivocal ter#s) or that the old and the
new obli"ations be on ever! point
inco#patible with each other. (12:-)
Art. 128*. 9ovation which consists in
s$bstit$tin" a new debtor in the place of the
ori"inal one) #a! be #ade even witho$t the
knowled"e or a"ainst the will of the latter)
b$t not witho$t the consent of the creditor.
Pa!#ent b! the new debtor "ives hi# the
ri"hts #entioned in Articles 12*/ and 12*2.
(12:.a)
Art. 128-. +f the s$bstit$tion is witho$t the
knowled"e or a"ainst the will of the debtor)
the new debtor>s insolvenc! or non4
f$lll#ent of the obli"ations shall not "ive
rise to an! liabilit! on the part of the ori"inal
debtor. (n)
Art. 128.. The insolvenc! of the new debtor)
who has been proposed b! the ori"inal
debtor and accepted b! the creditor) shall
not revive the action of the latter a"ainst the
ori"inal obli"or) e,cept when said insolvenc!
was alread! e,istin" and of p$blic
knowled"e) or known to the debtor) when the
dele"ated his debt. (12:/a)
Art. 128/. 5hen the principal obli"ation is
e,tin"$ished in conse3$ence of a novation)
accessor! obli"ations #a! s$bsist onl!
insofar as the! #a! benet third persons
who did not "ive their consent. (12:2)
Art. 1282. +f the new obli"ation is void) the
ori"inal one shall s$bsist) $nless the parties
intended that the for#er relation sho$ld be
e,tin"$ished in an! event. (n)
Art. 1286. The novation is void if the ori"inal
obli"ation was void) e,cept when ann$l#ent
#a! be clai#ed onl! b! the debtor or when
ratication validates acts which are voidable.
(12:6a)
Art. 1288. +f the ori"inal obli"ation was
s$b1ect to a s$spensive or resol$tor!
condition) the new obli"ation shall be $nder
the sa#e condition) $nless it is otherwise
stip$lated. (n)
Art. 1*::. C$bro"ation of a third person in
the ri"hts of the creditor is either le"al or
conventional. The for#er is not pres$#ed)
e,cept in cases e,pressl! #entioned in this
Code; the latter #$st be clearl! established
in order that it #a! take efect. (12:8a)
Art. 1*:1. Conventional s$bro"ation of a
third person re3$ires the consent of the
ori"inal parties and of the third person. (n)
Art. 1*:2. +t is pres$#ed that there is le"al
s$bro"ation?
(1) 5hen a creditor pa!s another creditor
who is preferred) even witho$t the debtor>s
knowled"e;
(2) 5hen a third person) not interested in the
obli"ation) pa!s with the e,press or tacit
approval of the debtor;
(*) 5hen) even witho$t the knowled"e of the
debtor) a person interested in the f$lll#ent
of the obli"ation pa!s) witho$t pre1$dice to
the efects of conf$sion as to the latter>s
share. (121:a)
Art. 1*:*. C$bro"ation transfers to the
persons s$bro"ated the credit with all the
ri"hts thereto appertainin") either a"ainst
the debtor or a"ainst third person) be the!
"$arantors or possessors of #ort"a"es)
s$b1ect to stip$lation in a conventional
s$bro"ation. (1212a)
Art. 1*:-. A creditor) to who# partial
pa!#ent has been #ade) #a! e,ercise his
ri"ht for the re#ainder) and he shall be
preferred to the person who has been
s$bro"ated in his place in virt$e of the
partial pa!#ent of the sa#e credit. (121*)

Title ++. 4 C%9T0ACTC

C<APT=0 1
'=9=0AL P0%A+C+%9C

Art. 1*:.. A contract is a #eetin" of #inds
between two persons whereb! one binds
hi#self) with respect to the other) to "ive
so#ethin" or to render so#e service.
(12.-a)
Art. 1*:/. The contractin" parties #a!
establish s$ch stip$lations) cla$ses) ter#s
and conditions as the! #a! dee#
convenient) provided the! are not contrar! to
law) #orals) "ood c$sto#s) p$blic order) or
p$blic polic!. (12..a)
Art. 1*:2. +nno#inate contracts shall be
re"$lated b! the stip$lations of the parties)
b! the provisions of Titles + and ++ of this
Fook) b! the r$les "overnin" the #ost
analo"o$s no#inate contracts) and b! the
c$sto#s of the place. (n)
Art. 1*:6. The contract #$st bind both
contractin" parties; its validit! or co#pliance
cannot be left to the will of one of the#.
(12./a)
Art. 1*:8. The deter#ination of the
perfor#ance #a! be left to a third person)
whose decision shall not be bindin" $ntil it
has been #ade known to both contractin"
parties. (n)
Art. 1*1:. The deter#ination shall not be
obli"ator! if it is evidentl! ine3$itable. +n
s$ch case) the co$rts shall decide what is
e3$itable $nder the circ$#stances. (n)
Art. 1*11. Contracts take efect onl! between
the parties) their assi"ns and heirs) e,cept in
case where the ri"hts and obli"ations arisin"
fro# the contract are not trans#issible b!
their nat$re) or b! stip$lation or b! provision
of law. The heir is not liable be!ond the val$e
of the propert! he received fro# the
decedent.
+f a contract sho$ld contain so#e stip$lation
in favor of a third person) he #a! de#and its
f$lll#ent provided he co##$nicated his
acceptance to the obli"or before its
revocation. A #ere incidental benet or
interest of a person is not s$&cient. The
contractin" parties #$st have clearl! and
deliberatel! conferred a favor $pon a third
person. (12.2a)
Art. 1*12. +n contracts creatin" real ri"hts)
third persons who co#e into possession of
the ob1ect of the contract are bo$nd thereb!)
s$b1ect to the provisions of the @ort"a"e
Law and the Land 0e"istration Laws. (n)
Art. 1*1*. Creditors are protected in cases of
contracts intended to defra$d the#. (n)
Art. 1*1-. An! third person who ind$ces
another to violate his contract shall be liable
for da#a"es to the other contractin" part!.
(n)
Art. 1*1.. Contracts are perfected b! #ere
consent) and fro# that #o#ent the parties
are bo$nd not onl! to the f$lll#ent of what
has been e,pressl! stip$lated b$t also to all
the conse3$ences which) accordin" to their
nat$re) #a! be in keepin" with "ood faith)
$sa"e and law. (12.6)
Art. 1*1/. 0eal contracts) s$ch as deposit)
pled"e and Co##odat$#) are not perfected
$ntil the deliver! of the ob1ect of the
obli"ation. (n)
Art. 1*12. 9o one #a! contract in the na#e
of another witho$t bein" a$thori(ed b! the
latter) or $nless he has b! law a ri"ht to
represent hi#.
A contract entered into in the na#e of
another b! one who has no a$thorit! or le"al
representation) or who has acted be!ond his
powers) shall be $nenforceable) $nless it is
ratied) e,pressl! or i#pliedl!) b! the person
on whose behalf it has been e,ec$ted) before
it is revoked b! the other contractin" part!.
(12.8a)

C<APT=0 2
=CC=9T+AL 0=IB+C+T=C %D C%9T0ACTC

'=9=0AL P0%A+C+%9C

Art. 1*16. There is no contract $nless the
followin" re3$isites conc$r?
(1) Consent of the contractin" parties;
(2) %b1ect certain which is the s$b1ect #atter
of the contract;
(*) Ca$se of the obli"ation which is
established. (12/1)
C=CT+%9 1. 4 Consent

Art. 1*18. Consent is #anifested b! the
#eetin" of the ofer and the acceptance
$pon the thin" and the ca$se which are to
constit$te the contract. The ofer #$st be
certain and the acceptance absol$te. A
3$alied acceptance constit$tes a co$nter4
ofer.
Acceptance #ade b! letter or tele"ra# does
not bind the oferer e,cept fro# the ti#e it
ca#e to his knowled"e. The contract) in s$ch
a case) is pres$#ed to have been entered
into in the place where the ofer was #ade.
(12/2a)
Art. 1*2:. An acceptance #a! be e,press or
i#plied. (n)
Art. 1*21. The person #akin" the ofer #a!
, the ti#e) place) and #anner of
acceptance) all of which #$st be co#plied
with. (n)
Art. 1*22. An ofer #ade thro$"h an a"ent is
accepted fro# the ti#e acceptance is
co##$nicated to hi#. (n)
Art. 1*2*. An ofer beco#es inefective $pon
the death) civil interdiction) insanit!) or
insolvenc! of either part! before acceptance
is conve!ed. (n)
Art. 1*2-. 5hen the oferer has allowed the
oferee a certain period to accept) the ofer
#a! be withdrawn at an! ti#e before
acceptance b! co##$nicatin" s$ch
withdrawal) e,cept when the option is
fo$nded $pon a consideration) as so#ethin"
paid or pro#ised. (n)
Art. 1*2.. Bnless it appears otherwise)
b$siness advertise#ents of thin"s for sale
are not denite ofers) b$t #ere invitations
to #ake an ofer. (n)
Art. 1*2/. Advertise#ents for bidders are
si#pl! invitations to #ake proposals) and the
advertiser is not bo$nd to accept the hi"hest
or lowest bidder) $nless the contrar!
appears. (n)
Art. 1*22. The followin" cannot "ive consent
to a contract?
(1) Bne#ancipated #inors;
(2) +nsane or de#ented persons) and deaf4
#$tes who do not know how to write.
(12/*a)
Art. 1*26. Contracts entered into d$rin" a
l$cid interval are valid. Contracts a"reed to
in a state of dr$nkenness or d$rin" a
h!pnotic spell are voidable. (n)
Art. 1*28. The incapacit! declared in Article
1*22 is s$b1ect to the #odications
deter#ined b! law) and is $nderstood to be
witho$t pre1$dice to special dis3$alications
established in the laws. (12/-)
Art. 1**:. A contract where consent is "iven
thro$"h #istake) violence) inti#idation)
$nd$e inE$ence) or fra$d is voidable.
(12/.a)
Art. 1**1. +n order that #istake #a!
invalidate consent) it sho$ld refer to the
s$bstance of the thin" which is the ob1ect of
the contract) or to those conditions which
have principall! #oved one or both parties
to enter into the contract.
@istake as to the identit! or 3$alications of
one of the parties will vitiate consent onl!
when s$ch identit! or 3$alications have
been the principal ca$se of the contract.
A si#ple #istake of acco$nt shall "ive rise to
its correction. (12//a)
Art. 1**2. 5hen one of the parties is $nable
to read) or if the contract is in a lan"$a"e not
$nderstood b! hi#) and #istake or fra$d is
alle"ed) the person enforcin" the contract
#$st show that the ter#s thereof have been
f$ll! e,plained to the for#er. (n)
Art. 1***. There is no #istake if the part!
alle"in" it knew the do$bt) contin"enc! or
risk afectin" the ob1ect of the contract. (n)
Art. 1**-. @$t$al error as to the le"al efect
of an a"ree#ent when the real p$rpose of
the parties is fr$strated) #a! vitiate consent.
(n)
Art. 1**.. There is violence when in order to
wrest consent) serio$s or irresistible force is
e#plo!ed.
There is inti#idation when one of the
contractin" parties is co#pelled b! a
reasonable and well4"ro$nded fear of an
i##inent and "rave evil $pon his person or
propert!) or $pon the person or propert! of
his spo$se) descendants or ascendants) to
"ive his consent.
To deter#ine the de"ree of inti#idation) the
a"e) se, and condition of the person shall be
borne in #ind.
A threat to enforce one>s clai# thro$"h
co#petent a$thorit!) if the clai# is 1$st or
le"al) does not vitiate consent. (12/2a)
Art. 1**/. Aiolence or inti#idation shall
ann$l the obli"ation) altho$"h it #a! have
been e#plo!ed b! a third person who did not
take part in the contract. (12/6)
Art. 1**2. There is $nd$e inE$ence when a
person takes i#proper advanta"e of his
power over the will of another) deprivin" the
latter of a reasonable freedo# of choice. The
followin" circ$#stances shall be considered?
the condential) fa#il!) spirit$al and other
relations between the parties) or the fact
that the person alle"ed to have been $nd$l!
inE$enced was s$ferin" fro# #ental
weakness) or was i"norant or in nancial
distress. (n)
Art. 1**6. 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 a"reed to. (12/8)
Art. 1**8. Dail$re to disclose facts) when
there is a d$t! to reveal the#) as when the
parties are bo$nd b! condential relations)
constit$tes fra$d. (n)
Art. 1*-:. The $s$al e,a""erations in trade)
when the other part! had an opport$nit! to
know the facts) are not in the#selves
fra$d$lent. (n)
Art. 1*-1. A #ere e,pression of an opinion
does not si"nif! fra$d) $nless #ade b! an
e,pert and the other part! has relied on the
for#er>s special knowled"e. (n)
Art. 1*-2. @isrepresentation b! 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 #a! constit$te
error. (n)
Art. 1*--. +n order that fra$d #a! #ake a
contract voidable) it sho$ld be serio$s and
sho$ld not have been e#plo!ed b! both
contractin" parties.
+ncidental fra$d onl! obli"es the person
e#plo!in" it to pa! da#a"es. (122:)
Art. 1*-.. Ci#$lation of a contract #a! be
absol$te or relative. The for#er takes place
when the parties do not intend to be bo$nd
at all; the latter) when the parties conceal
their tr$e a"ree#ent. (n)
Art. 1*-/. An absol$tel! si#$lated or
ctitio$s contract is void. A relative
si#$lation) when it does not pre1$dice a third
person and is not intended for an! p$rpose
contrar! to law) #orals) "ood c$sto#s)
p$blic order or p$blic polic! binds the parties
to their real a"ree#ent. (n)

C=CT+%9 2. 4 %b1ect of Contracts

Art. 1*-2. All thin"s which are not o$tside
the co##erce of #en) incl$din" f$t$re
thin"s) #a! be the ob1ect of a contract. All
ri"hts which are not intrans#issible #a! also
be the ob1ect of contracts.
9o contract #a! be entered into $pon f$t$re
inheritance e,cept in cases e,pressl!
a$thori(ed b! law.
All services which are not contrar! to law)
#orals) "ood c$sto#s) p$blic order or p$blic
polic! #a! likewise be the ob1ect of a
contract. (1221a)
Art. 1*-6. +#possible thin"s or services
cannot be the ob1ect of contracts. (1222)
Art. 1*-8. The ob1ect of ever! contract #$st
be deter#inate as to its kind. The fact that
the 3$antit! is not deter#inate shall not be
an obstacle to the e,istence of the contract)
provided it is possible to deter#ine the
sa#e) witho$t the need of a new contract
between the parties. (122*)

C=CT+%9 *. 4 Ca$se of Contracts

Art. 1*.:. +n onero$s contracts the ca$se is
$nderstood to be) for each contractin" part!)
the prestation or pro#ise of a thin" or
service b! the other; in re#$nerator! ones)
the service or benet which is re#$nerated;
and in contracts of p$re benecence) the
#ere liberalit! of the benefactor. (122-)
Art. 1*.1. The partic$lar #otives of the
parties in enterin" into a contract are
diferent fro# the ca$se thereof. (n)
Art. 1*.2. Contracts witho$t ca$se) or with
$nlawf$l ca$se) prod$ce no efect whatever.
The ca$se is $nlawf$l if it is contrar! to law)
#orals) "ood c$sto#s) p$blic order or p$blic
polic!. (122.a)
Art. 1*.*. The state#ent of a false ca$se in
contracts shall render the# void) if it sho$ld
not be proved that the! were fo$nded $pon
another ca$se which is tr$e and lawf$l.
(122/)
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) $nless the debtor proves the
contrar!. (1222)
Art. 1*... =,cept in cases specied b! law)
lesion or inade3$ac! of ca$se shall not
invalidate a contract) $nless there has been
fra$d) #istake or $nd$e inE$ence. (n)

C<APT=0 *
D%0@ %D C%9T0ACTC

Art. 1*./. Contracts shall be obli"ator!) in
whatever for# the! #a! have been entered
into) provided all the essential re3$isites for
their validit! are present. <owever) when the
law re3$ires that a contract be in so#e for#
in order that it #a! be valid or enforceable)
or that a contract be proved in a certain wa!)
that re3$ire#ent is absol$te and
indispensable. +n s$ch cases) the ri"ht of the
parties stated in the followin" article cannot
be e,ercised. (1226a)
Art. 1*.2. +f the law re3$ires a doc$#ent or
other special for#) as in the acts and
contracts en$#erated in the followin"
article) the contractin" parties #a! co#pel
each other to observe that for#) once the
contract has been perfected. This ri"ht #a!
be e,ercised si#$ltaneo$sl! with the action
$pon the contract. (1228a)
Art. 1*.6. The followin" #$st appear in a
p$blic doc$#ent?
(1) Acts and contracts which have for their
ob1ect the creation) trans#ission)
#odication or e,tin"$ish#ent of real ri"hts
over i##ovable propert!; sales of real
propert! or of an interest therein a "overned
b! Articles 1-:*) 9o. 2) and 1-:.;
(2) The cession) rep$diation or ren$nciation
of hereditar! ri"hts or of those of the
con1$"al partnership of "ains;
(*) The power to ad#inister propert!) or an!
other power which has for its ob1ect an act
appearin" or which sho$ld appear in a p$blic
doc$#ent) or sho$ld pre1$dice a third
person;
(-) The cession of actions or ri"hts
proceedin" fro# an act appearin" in a p$blic
doc$#ent.
All other contracts where the a#o$nt
involved e,ceeds ve h$ndred pesos #$st
appear in writin") even a private one. F$t
sales of "oods) chattels or thin"s in action
are "overned b! Articles) 1-:*) 9o. 2 and
1-:.. (126:a)

C<APT=0 -
0=D%0@AT+%9 %D +9CT0B@=9TC (n)

Art. 1*.8. 5hen) 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$rportin" to e#bod! the
a"ree#ent) b! reason of #istake) fra$d)
ine3$itable cond$ct or accident) one of the
parties #a! ask for the refor#ation of the
instr$#ent to the end that s$ch tr$e
intention #a! be e,pressed.
+f #istake) fra$d) ine3$itable cond$ct) or
accident has prevented a #eetin" of the
#inds of the parties) the proper re#ed! is
not refor#ation of the instr$#ent b$t
ann$l#ent of the contract.
Art. 1*/:. The principles of the "eneral law
on the refor#ation of instr$#ents are hereb!
adopted insofar as the! are not in conEict
with the provisions of this Code.
Art. 1*/1. 5hen a #$t$al #istake of the
parties ca$ses the fail$re of the instr$#ent
to disclose their real a"ree#ent) said
instr$#ent #a! be refor#ed.
Art. 1*/2. +f one part! was #istaken and the
other acted fra$d$lentl! or ine3$itabl! in
s$ch a wa! that the instr$#ent does not
show their tr$e intention) the for#er #a! ask
for the refor#ation of the instr$#ent.
Art. 1*/*. 5hen one part! was #istaken and
the other knew or believed that the
instr$#ent did not state their real
a"ree#ent) b$t concealed that fact fro# the
for#er) the instr$#ent #a! be refor#ed.
Art. 1*/-. 5hen thro$"h the i"norance) lack
of skill) ne"li"ence or bad faith on the part of
the person draftin" the instr$#ent or of the
clerk or t!pist) the instr$#ent does not
e,press the tr$e intention of the parties) the
co$rts #a! order that the instr$#ent be
refor#ed.
Art. 1*/.. +f two parties a"ree $pon the
#ort"a"e or pled"e of real or personal
propert!) b$t the instr$#ent states that the
propert! is sold absol$tel! or with a ri"ht of
rep$rchase) refor#ation of the instr$#ent is
proper.
Art. 1*//. There shall be no refor#ation in
the followin" cases?
(1) Ci#ple donations inter vivos wherein no
condition is i#posed;
(2) 5ills;
(*) 5hen the real a"ree#ent is void.
Art. 1*/2. 5hen one of the parties has
bro$"ht an action to enforce the instr$#ent)
he cannot s$bse3$entl! ask for its
refor#ation.
Art. 1*/6. 0efor#ation #a! be ordered at
the instance of either part! or his s$ccessors
in interest) if the #istake was #$t$al;
otherwise) $pon petition of the in1$red part!)
or his heirs and assi"ns.
Art. 1*/8. The proced$re for the refor#ation
of instr$#ent shall be "overned b! r$les of
co$rt to be pro#$l"ated b! the C$pre#e
Co$rt.

C<APT=0 .
+9T=0P0=TAT+%9 %D C%9T0ACTC

Art. 1*2:. +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 contrar! to the
evident intention of the parties) the latter
shall prevail over the for#er. (1261)
Art. 1*21. +n order to 1$d"e the intention of
the contractin" parties) their
conte#poraneo$s and s$bse3$ent acts shall
be principall! considered. (1262)
Art. 1*22. <owever "eneral the ter#s of a
contract #a! be) the! shall not be
$nderstood to co#prehend thin"s that are
distinct and cases that are diferent fro#
those $pon which the parties intended to
a"ree. (126*)
Art. 1*2*. +f so#e stip$lation of an! contract
sho$ld ad#it of several #eanin"s) it shall be
$nderstood as bearin" that i#port which is
#ost ade3$ate to render it efect$al. (126-)
Art. 1*2-. The vario$s stip$lations of a
contract shall be interpreted to"ether)
attrib$tin" to the do$btf$l ones that sense
which #a! res$lt fro# all of the# taken
1ointl!. (126.)
Art. 1*2.. 5ords which #a! have diferent
si"nications shall be $nderstood in that
which is #ost in keepin" with the nat$re and
ob1ect of the contract. (126/)
Art. 1*2/. The $sa"e or c$sto# of the place
shall be borne in #ind in the interpretation of
the a#bi"$ities of a contract) and shall ll
the o#ission of stip$lations which are
ordinaril! established. (1262)
Art. 1*22. The interpretation of obsc$re
words or stip$lations in a contract shall not
favor the part! who ca$sed the obsc$rit!.
(1266)
Art. 1*26. 5hen it is absol$tel! i#possible to
settle do$bts b! the r$les established in the
precedin" articles) and the do$bts refer to
incidental circ$#stances of a "rat$ito$s
contract) the least trans#ission of ri"hts and
interests shall prevail. +f the contract is
onero$s) the do$bt shall be settled in favor
of the "reatest reciprocit! of interests.
+f the do$bts are cast $pon the principal
ob1ect of the contract in s$ch a wa! that it
cannot be known what #a! have been the
intention or will of the parties) the contract
shall be n$ll and void. (1268)
Art. 1*28. The principles of interpretation
stated in 0$le 12* of the 0$les of Co$rt shall
likewise be observed in the constr$ction of
contracts. (n)

C<APT=0 /
0=CC+CC+FL= C%9T0ACTC

Art. 1*6:. Contracts validl! a"reed $pon #a!
be rescinded in the cases established b! law.
(128:)
Art. 1*61. The followin" contracts are
rescissible?
(1) Those which are entered into b!
"$ardians whenever the wards who# the!
represent s$fer lesion b! #ore than one4
fo$rth of the val$e of the thin"s which are
the ob1ect thereof;
(2) Those a"reed $pon in representation of
absentees) if the latter s$fer the lesion
stated in the precedin" n$#ber;
(*) Those $ndertaken in fra$d of creditors
when the latter cannot in an! other #anner
collect the clai#s d$e the#;
(-) Those which refer to thin"s $nder
liti"ation if the! have been entered into b!
the defendant witho$t the knowled"e and
approval of the liti"ants or of co#petent
1$dicial a$thorit!;
(.) All other contracts speciall! declared b!
law to be s$b1ect to rescission. (1281a)
Art. 1*62. Pa!#ents #ade in a state of
insolvenc! for obli"ations to whose
f$lll#ent the debtor co$ld not be co#pelled
at the ti#e the! were efected) are also
rescissible. (1282)
Art. 1*6*. The action for rescission is
s$bsidiar!; it cannot be instit$ted e,cept
when the part! s$ferin" da#a"e has no
other le"al #eans to obtain reparation for
the sa#e. (128-)
Art. 1*6-. 0escission shall be onl! to the
e,tent necessar! to cover the da#a"es
ca$sed. (n)
Art. 1*6.. 0escission creates the obli"ation
to ret$rn the thin"s which were the ob1ect of
the contract) to"ether with their fr$its) and
the price with its interest; conse3$entl!) it
can be carried o$t onl! when he who
de#ands rescission can ret$rn whatever he
#a! be obli"ed to restore.
9either shall rescission take place when the
thin"s which are the ob1ect of the contract
are le"all! in the possession of third persons
who did not act in bad faith.
+n this case) inde#nit! for da#a"es #a! be
de#anded fro# the person ca$sin" the loss.
(128.)
Art. 1*6/. 0escission referred to in 9os. 1
and 2 of Article 1*61 shall not take place
with respect to contracts approved b! the
co$rts. (128/a)
Art. 1*62. All contracts b! virt$e of which the
debtor alienates propert! b! "rat$ito$s title
are pres$#ed to have been entered into in
fra$d of creditors) when the donor did not
reserve s$&cient propert! to pa! all debts
contracted before the donation.
Alienations b! onero$s title are also
pres$#ed fra$d$lent when #ade b! persons
a"ainst who# so#e 1$d"#ent has been
iss$ed. The decision or attach#ent need not
refer to the propert! alienated) and need not
have been obtained b! the part! seekin" the
rescission.
+n addition to these pres$#ptions) the desi"n
to defra$d creditors #a! be proved in an!
other #anner reco"ni(ed b! the law of
evidence. (1282a)
Art. 1*66. 5hoever ac3$ires in bad faith the
thin"s alienated in fra$d of creditors) shall
inde#nif! the latter for da#a"es s$fered b!
the# on acco$nt of the alienation) whenever)
d$e to an! ca$se) it sho$ld be i#possible for
hi# to ret$rn the#.
+f there are two or #ore alienations) the rst
ac3$irer shall be liable rst) and so on
s$ccessivel!. (1286a)
Art. 1*68. The action to clai# rescission
#$st be co##enced within fo$r !ears.
Dor persons $nder "$ardianship and for
absentees) the period of fo$r !ears shall not
be"in $ntil the ter#ination of the for#er>s
incapacit!) or $ntil the do#icile of the latter
is known. (1288)

C<APT=0 2
A%+HAFL= C%9T0ACTC

Art. 1*8:. The followin" contracts are
voidable or ann$llable) even tho$"h there
#a! have been no da#a"e to the
contractin" parties?
(1) Those where one of the parties is
incapable of "ivin" consent to a contract;
(2) Those where the consent is vitiated b!
#istake) violence) inti#idation) $nd$e
inE$ence or fra$d.
These contracts are bindin") $nless the! are
ann$lled b! a proper action in co$rt. The!
are s$sceptible of ratication. (n)
Art. 1*81. The action for ann$l#ent shall be
bro$"ht within fo$r !ears.
This period shall be"in?
+n cases of inti#idation) violence or $nd$e
inE$ence) fro# the ti#e the defect of the
consent ceases.
+n case of #istake or fra$d) fro# the ti#e of
the discover! of the sa#e.
And when the action refers to contracts
entered into b! #inors or other incapacitated
persons) fro# the ti#e the "$ardianship
ceases. (1*:1a)
Art. 1*82. 0atication e,tin"$ishes the
action to ann$l a voidable contract. (1*:8a)
Art. 1*8*. 0atication #a! be efected
e,pressl! or tacitl!. +t is $nderstood that
there is a tacit ratication if) with knowled"e
of the reason which renders the contract
voidable and s$ch reason havin" ceased) the
person who has a ri"ht to invoke it sho$ld
e,ec$te an act which necessaril! i#plies an
intention to waive his ri"ht. (1*11a)
Art. 1*8-. 0atication #a! be efected b!
the "$ardian of the incapacitated person. (n)
Art. 1*8.. 0atication does not re3$ire the
confor#it! of the contractin" part! who has
no ri"ht to brin" the action for ann$l#ent.
(1*12)
Art. 1*8/. 0atication cleanses the contract
fro# all its defects fro# the #o#ent it was
constit$ted. (1*1*)
Art. 1*82. The action for the ann$l#ent of
contracts #a! be instit$ted b! all who are
thereb! obli"ed principall! or s$bsidiaril!.
<owever) persons who are capable cannot
alle"e the incapacit! of those with who#
the! contracted; nor can those who e,erted
inti#idation) violence) or $nd$e inE$ence) or
e#plo!ed fra$d) or ca$sed #istake base
their action $pon these Eaws of the contract.
(1*:2a)
Art. 1*86. An obli"ation havin" been
ann$lled) the contractin" parties shall restore
to each other the thin"s which have been the
s$b1ect #atter of the contract) with their
fr$its) and the price with its interest) e,cept
in cases provided b! law.
+n obli"ations to render service) the val$e
thereof shall be the basis for da#a"es.
(1*:*a)
Art. 1*88. 5hen the defect of the contract
consists in the incapacit! of one of the
parties) the incapacitated person is not
obli"ed to #ake an! restit$tion e,cept
insofar as he has been beneted b! the thin"
or price received b! hi#. (1*:-)
Art. 1-::. 5henever the person obli"ed b!
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*:2a)
Art. 1-:1. The action for ann$l#ent of
contracts shall be e,tin"$ished when the
thin" which is the ob1ect thereof is lost
thro$"h the fra$d or fa$lt of the person who
has a ri"ht to instit$te the proceedin"s.
+f the ri"ht of action is based $pon the
incapacit! of an! one of the contractin"
parties) the loss of the thin" shall not be an
obstacle to the s$ccess of the action) $nless
said loss took place thro$"h the fra$d or
fa$lt of the plaintif. (1*1-a)
Art. 1-:2. 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#pl!
with what is inc$#bent $pon hi#. (1*:6)

C<APT=0 6
B9=9D%0C=AFL= C%9T0ACTC (n)

Art. 1-:*. The followin" contracts are
$nenforceable) $nless the! are ratied?
(1) Those entered into in the na#e of
another person b! one who has been "iven
no a$thorit! or le"al representation) or who
has acted be!ond his powers;
(2) Those that do not co#pl! with the
Ctat$te of Dra$ds as set forth in this n$#ber.
+n the followin" cases an a"ree#ent
hereafter #ade shall be $nenforceable b!
action) $nless the sa#e) or so#e note or
#e#orand$#) thereof) be in writin") and
s$bscribed b! the part! char"ed) or b! his
a"ent; evidence) therefore) of the a"ree#ent
cannot be received witho$t the writin") or a
secondar! evidence of its contents?
(a) An a"ree#ent that b! its ter#s is not to
be perfor#ed within a !ear fro# the #akin"
thereof;
(b) A special pro#ise to answer for the debt)
defa$lt) or #iscarria"e of another;
(c) An a"ree#ent #ade in consideration of
#arria"e) other than a #$t$al pro#ise to
#arr!;
(d) An a"ree#ent for the sale of "oods)
chattels or thin"s in action) at a price not
less than ve h$ndred pesos) $nless the
b$!er accept and receive part of s$ch "oods
and chattels) or the evidences) or so#e of
the#) of s$ch thin"s in action or pa! at the
ti#e so#e part of the p$rchase #one!; b$t
when a sale is #ade b! a$ction and entr! is
#ade b! the a$ctioneer in his sales book) at
the ti#e of the sale) of the a#o$nt and kind
of propert! sold) ter#s of sale) price) na#es
of the p$rchasers and person on whose
acco$nt the sale is #ade) it is a s$&cient
#e#orand$#;
(e) An a"ree#ent of the leasin" for a lon"er
period than one !ear) or for the sale of real
propert! or of an interest therein;
(f) A representation as to the credit of a third
person.
(*) Those where both parties are incapable of
"ivin" consent to a contract.
Art. 1-:-. Bna$thori(ed contracts are
"overned b! Article 1*12 and the principles
of a"enc! in Title K of this Fook.
Art. 1-:.. Contracts infrin"in" the Ctat$te of
Dra$ds) referred to in 9o. 2 of Article 1-:*)
are ratied b! the fail$re to ob1ect to the
presentation of oral evidence to prove the
sa#e) or b! the acceptance of benet $nder
the#.
Art. 1-:/. 5hen a contract is enforceable
$nder the Ctat$te of Dra$ds) and a p$blic
doc$#ent is necessar! for its re"istration in
the 0e"istr! of Heeds) the parties #a! avail
the#selves of the ri"ht $nder Article 1*.2.
Art. 1-:2. +n a contract where both parties
are incapable of "ivin" consent) e,press or
i#plied ratication b! the parent) or
"$ardian) as the case #a! be) of one of the
contractin" parties shall "ive the contract
the sa#e efect as if onl! one of the# were
incapacitated.
+f ratication is #ade b! the parents or
"$ardians) as the case #a! be) of both
contractin" parties) the contract shall be
validated fro# the inception.
Art. 1-:6. Bnenforceable contracts cannot be
assailed b! third persons.

C<APT=0 8
A%+H A9H +9=K+CT=9T C%9T0ACTC

Art. 1-:8. The followin" contracts are
ine,istent and void fro# the be"innin"?
(1) Those whose ca$se) ob1ect or p$rpose is
contrar! to law) #orals) "ood c$sto#s)
p$blic order or p$blic polic!;
(2) Those which are absol$tel! si#$lated or
ctitio$s;
(*) Those whose ca$se or ob1ect did not e,ist
at the ti#e of the transaction;
(-) Those whose ob1ect is o$tside the
co##erce of #en;
(.) Those which conte#plate an i#possible
service;
(/) Those where the intention of the parties
relative to the principal ob1ect of the contract
cannot be ascertained;
(2) Those e,pressl! prohibited or declared
void b! law.
These contracts cannot be ratied. 9either
can the ri"ht to set $p the defense of
ille"alit! be waived.
Art. 1-1:. The action or defense for the
declaration of the ine,istence of a contract
does not prescribe.
Art. 1-11. 5hen the n$llit! proceeds fro#
the ille"alit! of the ca$se or ob1ect of the
contract) and the act constit$tes a cri#inal
ofense) both parties bein" in pari delicto)
the! shall have no action a"ainst each other)
and both shall be prosec$ted. @oreover) the
provisions of the Penal Code relative to the
disposal of efects or instr$#ents of a cri#e
shall be applicable to the thin"s or the price
of the contract.
This r$le shall be applicable when onl! one of
the parties is "$ilt!; b$t the innocent one
#a! clai# what he has "iven) and shall not
be bo$nd to co#pl! with his pro#ise. (1*:.)
Art. 1-12. +f the act in which the $nlawf$l or
forbidden ca$se consists does not constit$te
a cri#inal ofense) the followin" r$les shall
be observed?
(1) 5hen the fa$lt is on the part of both
contractin" parties) neither #a! recover
what he has "iven b! virt$e of the contract)
or de#and the perfor#ance of the other>s
$ndertakin";
(2) 5hen onl! one of the contractin" parties
is at fa$lt) he cannot recover what he has
"iven b! reason of the contract) or ask for
the f$lll#ent of what has been pro#ised
hi#. The other) who is not at fa$lt) #a!
de#and the ret$rn of what he has "iven
witho$t an! obli"ation to co#pl! his pro#ise.
(1*:/)
Art. 1-1*. +nterest paid in e,cess of the
interest allowed b! the $s$r! laws #a! be
recovered b! the debtor) with interest
thereon fro# the date of the pa!#ent.
Art. 1-1-. 5hen #one! is paid or propert!
delivered for an ille"al p$rpose) the contract
#a! be rep$diated b! one of the parties
before the p$rpose has been acco#plished)
or before an! da#a"e has been ca$sed to a
third person. +n s$ch case) the co$rts #a!) if
the p$blic interest will th$s be s$bserved)
allow the part! rep$diatin" the contract to
recover the #one! or propert!.
Art. 1-1.. 5here one of the parties to an
ille"al contract is incapable of "ivin"
consent) the co$rts #a!) if the interest of
1$stice so de#ands allow recover! of #one!
or propert! delivered b! the incapacitated
person.
Art. 1-1/. 5hen the a"ree#ent is not ille"al
per se b$t is #erel! prohibited) and the
prohibition b! the law is desi"nated for the
protection of the plaintif) he #a!) if p$blic
polic! is thereb! enhanced) recover what he
has paid or delivered.
Art. 1-12. 5hen the price of an! article or
co##odit! is deter#ined b! stat$te) or b!
a$thorit! of law) an! person pa!in" an!
a#o$nt in e,cess of the #a,i#$# price
allowed #a! recover s$ch e,cess.
Art. 1-16. 5hen the law ,es) or a$thori(es
the ,in" of the #a,i#$# n$#ber of ho$rs
of labor) and a contract is entered into
whereb! a laborer $ndertakes to work lon"er
than the #a,i#$# th$s ,ed) he #a!
de#and additional co#pensation for service
rendered be!ond the ti#e li#it.
Art. 1-18. 5hen the law sets) or a$thori(es
the settin" of a #ini#$# wa"e for laborers)
and a contract is a"reed $pon b! which a
laborer accepts a lower wa"e) he shall be
entitled to recover the decienc!.
Art. 1-2:. +n case of a divisible contract) if
the ille"al ter#s can be separated fro# the
le"al ones) the latter #a! be enforced.
Art. 1-21. The defense of ille"alit! of
contract is not available to third persons
whose interests are not directl! afected.
Art. 1-22. A contract which is the direct
res$lt of a previo$s ille"al contract) is also
void and ine,istent.

Title +++. 4 9ATB0AL %FL+'AT+%9C

Art. 1-2*. %bli"ations are civil or nat$ral.
Civil obli"ations "ive a ri"ht of action to
co#pel their perfor#ance. 9at$ral
obli"ations) not bein" based on positive law
b$t on e3$it! and nat$ral law) do not "rant a
ri"ht of action to enforce their perfor#ance)
b$t after vol$ntar! f$lll#ent b! the obli"or)
the! a$thori(e the retention of what has
been delivered or rendered b! reason
thereof. Co#e nat$ral obli"ations are set
forth in the followin" articles.
Art. 1-2-. 5hen a ri"ht to s$e $pon a civil
obli"ation has lapsed b! e,tinctive
prescription) the obli"or who vol$ntaril!
perfor#s the contract cannot recover what
he has delivered or the val$e of the service
he has rendered.
Art. 1-2.. 5hen witho$t the knowled"e or
a"ainst the will of the debtor) a third person
pa!s a debt which the obli"or is not le"all!
bo$nd to pa! beca$se the action thereon has
prescribed) b$t the debtor later vol$ntaril!
rei#b$rses the third person) the obli"or
cannot recover what he has paid.
Art. 1-2/. 5hen a #inor between ei"hteen
and twent!4one !ears of a"e who has
entered into a contract witho$t the consent
of the parent or "$ardian) after the
ann$l#ent of the contract vol$ntaril! ret$rns
the whole thin" or price received)
notwithstandin" the fact the he has not been
beneted thereb!) there is no ri"ht to
de#and the thin" or price th$s ret$rned.
Art. 1-22. 5hen a #inor between ei"hteen
and twent!4one !ears of a"e) who has
entered into a contract witho$t the consent
of the parent or "$ardian) vol$ntaril! pa!s a
s$# of #one! or delivers a f$n"ible thin" in
f$lll#ent of the obli"ation) there shall be no
ri"ht to recover the sa#e fro# the obli"ee
who has spent or cons$#ed it in "ood faith.
(11/:A)
Art. 1-26. 5hen) after an action to enforce a
civil obli"ation has failed the defendant
vol$ntaril! perfor#s the obli"ation) he
cannot de#and the ret$rn of what he has
delivered or the pa!#ent of the val$e of the
service he has rendered.
Art. 1-28. 5hen a testate or intestate heir
vol$ntaril! pa!s a debt of the decedent
e,ceedin" the val$e of the propert! which he
received b! will or b! the law of intestac!
fro# the estate of the deceased) the
pa!#ent is valid and cannot be rescinded b!
the pa!er.
Art. 1-*:. 5hen a will is declared void
beca$se it has not been e,ec$ted in
accordance with the for#alities re3$ired b!
law) b$t one of the intestate heirs) after the
settle#ent of the debts of the deceased)
pa!s a le"ac! in co#pliance with a cla$se in
the defective will) the pa!#ent is efective
and irrevocable.

Title +A. 4 =CT%PP=L (n)

Art. 1-*1. Thro$"h estoppel an ad#ission or
representation is rendered concl$sive $pon
the person #akin" it) and cannot be denied
or disproved as a"ainst the person rel!in"
thereon.
Art. 1-*2. The principles of estoppel are
hereb! adopted insofar as the! are not in
conEict with the provisions of this Code) the
Code of Co##erce) the 0$les of Co$rt and
special laws.
Art. 1-**. =stoppel #a! be in pais or b!
deed.
Art. 1-*-. 5hen a person who is not the
owner of a thin" sells or alienates and
delivers it) and later the seller or "rantor
ac3$ires title thereto) s$ch title passes b!
operation of law to the b$!er or "rantee.
Art. 1-*.. +f a person in representation of
another sells or alienates a thin") the for#er
cannot s$bse3$entl! set $p his own title as
a"ainst the b$!er or "rantee.
Art. 1-*/. A lessee or a bailee is estopped
fro# assertin" title to the thin" leased or
received) as a"ainst the lessor or bailor.
Art. 1-*2. 5hen in a contract between third
persons concernin" i##ovable propert!) one
of the# is #isled b! a person with respect to
the ownership or real ri"ht over the real
estate) the latter is precl$ded fro# assertin"
his le"al title or interest therein) provided all
these re3$isites are present?
(1) There #$st be fra$d$lent representation
or wron"f$l conceal#ent of facts known to
the part! estopped;
(2) The part! precl$ded #$st intend that the
other sho$ld act $pon the facts as
#isrepresented;
(*) The part! #isled #$st have been
$naware of the tr$e facts; and
(-) The part! defra$ded #$st have acted in
accordance with the #isrepresentation.
Art. 1-*6. %ne who has allowed another to
ass$#e apparent ownership of personal
propert! for the p$rpose of #akin" an!
transfer of it) cannot) if he received the s$#
for which a pled"e has been constit$ted) set
$p his own title to defeat the pled"e of the
propert!) #ade b! the other to a pled"ee
who received the sa#e in "ood faith and for
val$e.
Art. 1-*8. =stoppel is efective onl! as
between the parties thereto or their
s$ccessors in interest.
Title A. 4 T0BCTC (n)

C<APT=0 1
'=9=0AL P0%A+C+%9C

Art. 1--:. A person who establishes a tr$st is
called the tr$stor; one in who# condence is
reposed as re"ards propert! for the benet
of another person is known as the tr$stee;
and the person for whose benet the tr$st
has been created is referred to as the
beneciar!.
Art. 1--1. Tr$sts are either e,press or
i#plied. =,press tr$sts are created b! the
intention of the tr$stor or of the parties.
+#plied tr$sts co#e into bein" b! operation
of law.
Art. 1--2. The principles of the "eneral law
of tr$sts) insofar as the! are not in conEict
with this Code) the Code of Co##erce) the
0$les of Co$rt and special laws are hereb!
adopted.

C<APT=0 2
=KP0=CC T0BCTC

Art. 1--*. 9o e,press tr$sts concernin" an
i##ovable or an! interest therein #a! be
proved b! parol evidence.
Art. 1---. 9o partic$lar words are re3$ired
for the creation of an e,press tr$st) it bein"
s$&cient that a tr$st is clearl! intended.
Art. 1--.. 9o tr$st shall fail beca$se the
tr$stee appointed declines the desi"nation)
$nless the contrar! sho$ld appear in the
instr$#ent constit$tin" the tr$st.
Art. 1--/. Acceptance b! the beneciar! is
necessar!. 9evertheless) if the tr$st i#poses
no onero$s condition $pon the beneciar!)
his acceptance shall be pres$#ed) if there is
no proof to the contrar!.

C<APT=0 *
+@PL+=H T0BCTC

Art. 1--2. The en$#eration of the followin"
cases of i#plied tr$st does not e,cl$de
others established b! the "eneral law of
tr$st) b$t the li#itation laid down in Article
1--2 shall be applicable.
Art. 1--6. There is an i#plied tr$st when
propert! is sold) and the le"al estate is
"ranted to one part! b$t the price is paid b!
another for the p$rpose of havin" the
benecial interest of the propert!. The for#er
is the tr$stee) while the latter is the
beneciar!. <owever) if the person to who#
the title is conve!ed is a child) le"iti#ate or
ille"iti#ate) of the one pa!in" the price of
the sale) no tr$st is i#plied b! law) it bein"
disp$tabl! pres$#ed that there is a "ift in
favor of the child.
Art. 1--8. There is also an i#plied tr$st when
a donation is #ade to a person b$t it
appears that altho$"h the le"al estate is
trans#itted to the donee) he nevertheless is
either to have no benecial interest or onl! a
part thereof.
Art. 1-.:. +f the price of a sale of propert! is
loaned or paid b! one person for the benet
of another and the conve!ance is #ade to
the lender or pa!or to sec$re the pa!#ent of
the debt) a tr$st arises b! operation of law in
favor of the person to who# the #one! is
loaned or for who# its is paid. The latter #a!
redee# the propert! and co#pel a
conve!ance thereof to hi#.
Art. 1-.1. 5hen land passes b! s$ccession
to an! person and he ca$ses the le"al title to
be p$t in the na#e of another) a tr$st is
established b! i#plication of law for the
benet of the tr$e owner.
Art. 1-.2. +f two or #ore persons a"ree to
p$rchase propert! and b! co##on consent
the le"al title is taken in the na#e of one of
the# for the benet of all) a tr$st is created
b! force of law in favor of the others in
proportion to the interest of each.
Art. 1-.*. 5hen propert! is conve!ed 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 benet is
conte#plated.
Art. 1-.-. +f an absol$te conve!ance of
propert! is #ade in order to sec$re the
perfor#ance of an obli"ation of the "rantor
toward the "rantee) a tr$st b! virt$e of law is
established. +f the f$lll#ent of the obli"ation
is ofered b! the "rantor when it beco#es
d$e) he #a! de#and the reconve!ance of
the propert! to hi#.
Art. 1-... 5hen an! tr$stee) "$ardian or
other person holdin" a d$ciar! relationship
$ses tr$st f$nds for the p$rchase of propert!
and ca$ses the conve!ance to be #ade to
hi# or to a third person) a tr$st is
established b! operation of law in favor of
the person to who# the f$nds belon".
Art. 1-./. +f propert! is ac3$ired thro$"h
#istake or fra$d) the person obtainin" it is)
b! force of law) considered a tr$stee of an
i#plied tr$st for the benet of the person
fro# who# the propert! co#es.
Art. 1-.2. An i#plied tr$st #a! be proved b!
oral evidence.

Title A+. 4 CAL=C

C<APT=0 1
9ATB0= A9H D%0@ %D T<= C%9T0ACT

Art. 1-.6. F! the contract of sale one of the
contractin" parties obli"ates hi#self to
transfer the ownership and to deliver a
deter#inate thin") and the other to pa!
therefor a price certain in #one! or its
e3$ivalent.
A contract of sale #a! be absol$te or
conditional. (1--.a)
Art. 1-.8. The thin" #$st be licit and the
vendor #$st have a ri"ht to transfer the
ownership thereof at the ti#e it is delivered.
(n)
Art. 1-/:. A thin" is deter#inate when it is
partic$larl! desi"nated or ph!sical
se"re"ated fro# all other of the sa#e class.
The re3$isite that a thin" be deter#inate is
satised if at the ti#e the contract is entered
into) the thin" is capable of bein" #ade
deter#inate witho$t the necessit! of a new
or f$rther a"ree#ent between the parties.
(n)
Art. 1-/1. Thin"s havin" a potential
e,istence #a! be the ob1ect of the contract
of sale.
The e&cac! of the sale of a #ere hope or
e,pectanc! is dee#ed s$b1ect to the
condition that the thin" will co#e into
e,istence.
The sale of a vain hope or e,pectanc! is
void. (n)
Art. 1-/2. The "oods which for# the s$b1ect
of a contract of sale #a! be either e,istin"
"oods) owned or possessed b! the seller) or
"oods to be #an$fact$red) raised) or
ac3$ired b! the seller after the perfection of
the contract of sale) in this Title called
"f$t$re "oods."
There #a! be a contract of sale of "oods)
whose ac3$isition b! the seller depends
$pon a contin"enc! which #a! or #a! not
happen. (n)
Art. 1-/*. The sole owner of a thin" #a! sell
an $ndivided interest therein. (n)
Art. 1-/-. +n the case of f$n"ible "oods)
there #a! be a sale of an $ndivided share of
a specic #ass) tho$"h the seller p$rports to
sell and the b$!er to b$! a denite n$#ber)
wei"ht or #eas$re of the "oods in the #ass)
and tho$"h the n$#ber) wei"ht or #eas$re
of the "oods in the #ass is $ndeter#ined. F!
s$ch a sale the b$!er beco#es owner in
co##on of s$ch a share of the #ass as the
n$#ber) wei"ht or #eas$re bo$"ht bears to
the n$#ber) wei"ht or #eas$re of the #ass.
+f the #ass contains less than the n$#ber)
wei"ht or #eas$re bo$"ht) the b$!er
beco#es the owner of the whole #ass and
the seller is bo$nd to #ake "ood the
decienc! fro# "oods of the sa#e kind and
3$alit!) $nless a contrar! intent appears. (n)
Art. 1-/.. Thin"s s$b1ect to a resol$tor!
condition #a! be the ob1ect of the contract
of sale. (n)
Art. 1-//. +n constr$in" a contract containin"
provisions characteristic of both the contract
of sale and of the contract of a"enc! to sell)
the essential cla$ses of the whole instr$#ent
shall be considered. (n)
Art. 1-/2. A contract for the deliver! at a
certain price of an article which the vendor in
the ordinar! 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 speciall! for
the c$sto#er and $pon his special order) and
not for the "eneral #arket) it is a contract for
a piece of work. (n)
Art. 1-/6. +f the consideration of the contract
consists partl! in #one!) and partl! in
another thin") the transaction shall be
characteri(ed b! the #anifest intention of
the parties. +f s$ch intention does not clearl!
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
#one! or its e3$ivalent; otherwise) it is a
sale. (1--/a)
Art. 1-/8. +n order that the price #a! be
considered certain) it shall be s$&cient that
it be so with reference to another thin"
certain) or that the deter#ination thereof be
left to the 1$d"#ent of a special person or
persons.
Cho$ld s$ch person or persons be $nable or
$nwillin" to , it) the contract shall be
ine&cacio$s) $nless the parties s$bse3$entl!
a"ree $pon the price.
+f the third person or persons acted in bad
faith or b! #istake) the co$rts #a! , the
price.
5here s$ch third person or persons are
prevented fro# ,in" the price or ter#s b!
fa$lt of the seller or the b$!er) the part! not
in fa$lt #a! have s$ch re#edies a"ainst the
part! in fa$lt as are allowed the seller or the
b$!er) as the case #a! be. (1--2a)
Art. 1-2:. 'ross inade3$ac! of price does
not afect a contract of sale) e,cept as it #a!
indicate a defect in the consent) or that the
parties reall! intended a donation or so#e
other act or contract. (n)
Art. 1-21. +f the price is si#$lated) the sale is
void) b$t the act #a! be shown to have been
in realit! a donation) or so#e other act or
contract. (n)
Art. 1-22. The price of sec$rities) "rain)
li3$ids) and other thin"s shall also be
considered certain) when the price ,ed is
that which the thin" sold wo$ld have on a
denite da!) or in a partic$lar e,chan"e or
#arket) or when an a#o$nt is ,ed above or
below the price on s$ch da!) or in s$ch
e,chan"e or #arket) provided said a#o$nt
be certain. (1--6)
Art. 1-2*. The ,in" of the price can never
be left to the discretion of one of the
contractin" parties. <owever) if the price
,ed b! one of the parties is accepted b! the
other) the sale is perfected. (1--8a)
Art. 1-2-. 5here the price cannot be
deter#ined in accordance with the precedin"
articles) or in an! other #anner) the contract
is ine&cacio$s. <owever) if the thin" or an!
part thereof has been delivered to and
appropriated b! the b$!er he #$st pa! a
reasonable price therefor. 5hat is a
reasonable price is a 3$estion of fact
dependent on the circ$#stances of each
partic$lar case. (n)
Art. 1-2.. The contract of sale is perfected at
the #o#ent there is a #eetin" of #inds
$pon the thin" which is the ob1ect of the
contract and $pon the price.
Dro# that #o#ent) the parties #a!
reciprocall! de#and perfor#ance) s$b1ect to
the provisions of the law "overnin" the for#
of contracts. (1-.:a)
Art. 1-2/. +n the case of a sale b! a$ction?
(1) 5here "oods are p$t $p for sale b!
a$ction in lots) each lot is the s$b1ect of a
separate contract of sale.
(2) A sale b! a$ction is perfected when the
a$ctioneer anno$nces its perfection b! the
fall of the ha##er) or in other c$sto#ar!
#anner. Bntil s$ch anno$nce#ent is #ade)
an! bidder #a! retract his bid; and the
a$ctioneer #a! withdraw the "oods fro# the
sale $nless the a$ction has been anno$nced
to be witho$t reserve.
(*) A ri"ht to bid #a! be reserved e,pressl!
b! or on behalf of the seller) $nless
otherwise provided b! law or b! stip$lation.
(-) 5here notice has not been "iven that a
sale b! a$ction is s$b1ect to a ri"ht to bid on
behalf of the seller) it shall not be lawf$l for
the seller to bid hi#self or to e#plo! or
ind$ce an! person to bid at s$ch sale on his
behalf or for the a$ctioneer) to e#plo! or
ind$ce an! person to bid at s$ch sale on
behalf of the seller or knowin"l! to take an!
bid fro# the seller or an! person e#plo!ed
b! hi#. An! sale contravenin" this r$le #a!
be treated as fra$d$lent b! the b$!er. (n)
Art. 1-22. The ownership of the thin" sold
shall be transferred to the vendee $pon the
act$al or constr$ctive deliver! thereof. (n)
Art. 1-26. The parties #a! stip$late that
ownership in the thin" shall not pass to the
p$rchaser $ntil he has f$ll! paid the price.
(n)
Art. 1-28. A pro#ise to b$! and sell a
deter#inate thin" for a price certain is
reciprocall! de#andable.
An accepted $nilateral pro#ise to b$! or to
sell a deter#inate thin" for a price certain is
bindin" $pon the pro#issor if the pro#ise is
s$pported b! a consideration distinct fro#
the price. (1-.1a)
Art. 1-6:. An! in1$r! to or benet fro# the
thin" sold) after the contract has been
perfected) fro# the #o#ent of the
perfection of the contract to the ti#e of
deliver!) shall be "overned b! Articles 11/*
to 11/.) and 12/2.
This r$le shall appl! to the sale of f$n"ible
thin"s) #ade independentl! and for a sin"le
price) or witho$t consideration of their
wei"ht) n$#ber) or #eas$re.
Cho$ld f$n"ible thin"s be sold for a price
,ed accordin" to wei"ht) n$#ber) or
#eas$re) the risk shall not be i#p$ted to the
vendee $ntil the! have been wei"hed)
co$nted) or #eas$red and delivered) $nless
the latter has inc$rred in dela!. (1-.2a)
Art. 1-61. +n the contract of sale of "oods b!
description or b! sa#ple) the contract #a!
be rescinded if the b$lk of the "oods
delivered do not correspond with the
description or the sa#ple) and if the contract
be b! sa#ple as well as description) it is not
s$&cient that the b$lk of "oods correspond
with the sa#ple if the! do not also
correspond with the description.
The b$!er shall have a reasonable
opport$nit! of co#parin" the b$lk with the
description or the sa#ple. (n)
Art. 1-62. 5henever earnest #one! 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. 1-6*. C$b1ect to the provisions of the
Ctat$te of Dra$ds and of an! other applicable
stat$te) a contract of sale #a! be #ade in
writin") or b! word of #o$th) or partl! in
writin" and partl! b! word of #o$th) or #a!
be inferred fro# the cond$ct of the parties.
(n)
Art. 1-6-. +n a contract of sale of personal
propert! the price of which is pa!able in
install#ents) the vendor #a! e,ercise an! of
the followin" re#edies?
(1) =,act f$lll#ent of the obli"ation) sho$ld
the vendee fail to pa!;
(2) Cancel the sale) sho$ld the vendee>s
fail$re to pa! cover two or #ore
install#ents;
(*) Doreclose the chattel #ort"a"e on the
thin" sold) if one has been constit$ted)
sho$ld the vendee>s fail$re to pa! cover two
or #ore install#ents. +n this case) he shall
have no f$rther action a"ainst the p$rchaser
to recover an! $npaid balance of the price.
An! a"ree#ent to the contrar! shall be void.
(1-.-4A4a)
Art. 1-6.. The precedin" article shall be
applied to contracts p$rportin" to be leases
of personal propert! with option to b$!)
when the lessor has deprived the lessee of
the possession or en1o!#ent of the thin".
(1-.-4A4a)
Art. 1-6/. +n the case referred to in two
precedin" articles) a stip$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 #a! not be
$nconscionable $nder the circ$#stances. (n)
Art. 1-62. The e,penses for the e,ec$tion
and re"istration of the sale shall be borne b!
the vendor) $nless there is a stip$lation to
the contrar!. (1-..a)
Art. 1-66. The e,propriation of propert! for
p$blic $se is "overned b! special laws.
(1-./)

C<APT=0 2
CAPAC+TJ T% FBJ %0 C=LL

Art. 1-68. All persons who are a$thori(ed in
this Code to obli"ate the#selves) #a! enter
into a contract of sale) savin" the
#odications contained in the followin"
articles.
5here necessaries are those sold and
delivered to a #inor or other person witho$t
capacit! to act) he #$st pa! a reasonable
price therefor. 9ecessaries are those referred
to in Article 28:. (1-.2a)
Art. 1-8:. The h$sband and the wife cannot
sell propert! to each other) e,cept?
(1) 5hen a separation of propert! was
a"reed $pon in the #arria"e settle#ents; or
(2) 5hen there has been a 1$dicial
separation or propert! $nder Article 181.
(1-.6a)
Art. 1-81. The followin" persons cannot
ac3$ire b! p$rchase) even at a p$blic or
1$dicial a$ction) either in person or thro$"h
the #ediation of another?
(1) The "$ardian) the propert! of the person
or persons who #a! be $nder his
"$ardianship;
(2) A"ents) the propert! whose
ad#inistration or sale #a! have been
entr$sted to the#) $nless the consent of the
principal has been "iven;
(*) =,ec$tors and ad#inistrators) the
propert! of the estate $nder ad#inistration;
(-) P$blic o&cers and e#plo!ees) the
propert! of the Ctate or of an! s$bdivision
thereof) or of an! "overn#ent4owned or
controlled corporation) or instit$tion) the
ad#inistration of which has been intr$sted to
the#; this provision shall appl! to 1$d"es and
"overn#ent e,perts who) in an! #anner
whatsoever) take part in the sale;
(.) 7$stices) 1$d"es) prosec$tin" attorne!s)
clerks of s$perior and inferior co$rts) and
other o&cers and e#plo!ees connected with
the ad#inistration of 1$stice) the propert!
and ri"hts in liti"ation or levied $pon an
e,ec$tion before the co$rt within whose
1$risdiction or territor! the! e,ercise their
respective f$nctions; this prohibition incl$des
the act of ac3$irin" b! assi"n#ent and shall
appl! to law!ers) with respect to the
propert! and ri"hts which #a! be the ob1ect
of an! liti"ation in which the! #a! take part
b! virt$e of their profession.
(/) An! others speciall! dis3$alied b! law.
(1-.8a)
Art. 1-82. The prohibitions in the two
precedin" articles are applicable to sales in
le"al rede#ption) co#pro#ises and
ren$nciations. (n)

C<APT=0 *
=DD=CTC %D T<= C%9T0ACT
5<=9 T<= T<+9' C%LH <AC F==9 L%CT

Art. 1-8*. +f at the ti#e the contract of sale
is perfected) the thin" which is the ob1ect of
the contract has been entirel! lost) the
contract shall be witho$t an! efect.
F$t if the thin" sho$ld have been lost in part
onl!) the vendee #a! choose between
withdrawin" fro# the contract and
de#andin" the re#ainin" part) pa!in" its
price in proportion to the total s$# a"reed
$pon. (1-/:a)
Art. 1-8-. 5here the parties p$rport a sale of
specic "oods) and the "oods witho$t the
knowled"e of the seller have perished in part
or have wholl! or in a #aterial part so
deteriorated in 3$alit! as to be s$bstantiall!
chan"ed in character) the b$!er #a! at his
option treat the sale?
(1) As avoided; or
(2) As valid in all of the e,istin" "oods or in
so #$ch thereof as have not deteriorated)
and as bindin" the b$!er to pa! the a"reed
price for the "oods in which the ownership
will pass) if the sale was divisible. (n)
C<APT=0 -
%FL+'AT+%9C %D T<= A=9H%0

C=CT+%9 1. 4 'eneral Provisions

Art. 1-8.. The vendor is bo$nd to transfer
the ownership of and deliver) as well as
warrant the thin" which is the ob1ect of the
sale. (1-/1a)
Art. 1-8/. The ownership of the thin" sold is
ac3$ired b! the vendee fro# the #o#ent it
is delivered to hi# in an! of the wa!s
specied in Articles 1-82 to 1.:1) or in an!
other #anner si"nif!in" an a"ree#ent that
the possession is transferred fro# the vendor
to the vendee. (n)

C=CT+%9 2. 4 Heliver! of the Thin" Cold

Art. 1-82. The thin" sold shall be $nderstood
as delivered) when it is placed in the control
and possession of the vendee. (1-/2a)
Art. 1-86. 5hen the sale is #ade thro$"h a
p$blic instr$#ent) the e,ec$tion thereof shall
be e3$ivalent to the deliver! of the thin"
which is the ob1ect of the contract) if fro#
the deed the contrar! does not appear or
cannot clearl! be inferred.
5ith re"ard to #ovable propert!) its deliver!
#a! also be #ade b! the deliver! of the
ke!s of the place or depositor! where it is
stored or kept. (1-/*a)
Art. 1-88. The deliver! of #ovable propert!
#a! likewise be #ade b! the #ere consent
or a"ree#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 alread! had it in his
possession for an! other reason. (1-/*a)
Art. 1.::. There #a! also be tradition
constit$t$# possessori$#. (n)
Art. 1.:1. 5ith respect to incorporeal
propert!) the provisions of the rst
para"raph of article 1-86 shall "overn. +n
an! other case wherein said provisions are
not applicable) the placin" of the titles of
ownership in the possession of the vendee or
the $se b! the vendee of his ri"hts) with the
vendor>s consent) shall be $nderstood as a
deliver!. (1-/-)
Art. 1.:2. 5hen "oods are delivered to the
b$!er "on sale or ret$rn" to "ive the b$!er
an option to ret$rn the "oods instead of
pa!in" the price) the ownership passes to
the b$!er of deliver!) b$t he #a! revest the
ownership in the seller b! ret$rnin" or
tenderin" the "oods within the ti#e ,ed in
the contract) or) if no ti#e has been ,ed)
within a reasonable ti#e. (n)
5hen "oods are delivered to the b$!er on
approval or on trial or on satisfaction) or
other si#ilar ter#s) the ownership therein
passes to the b$!er?
(1) 5hen he si"nies his approval or
acceptance to the seller or does an! other
act adoptin" the transaction;
(2) +f he does not si"nif! his approval or
acceptance to the seller) b$t retains the
"oods witho$t "ivin" notice of re1ection) then
if a ti#e has been ,ed for the ret$rn of the
"oods) on the e,piration of s$ch ti#e) and) if
no ti#e has been ,ed) on the e,piration of a
reasonable ti#e. 5hat is a reasonable ti#e
is a 3$estion of fact. (n)
Art. 1.:*. 5hen there is a contract of sale of
specic "oods) the seller #a!) b! the ter#s
of the contract) reserve the ri"ht of
possession or ownership in the "oods $ntil
certain conditions have been f$llled. The
ri"ht of possession or ownership #a! be th$s
reserved notwithstandin" the deliver! of the
"oods to the b$!er or to a carrier or other
bailee for the p$rpose of trans#ission to the
b$!er.
5here "oods are shipped) and b! the bill of
ladin" the "oods are deliverable to the seller
or his a"ent) or to the order of the seller or of
his a"ent) the seller thereb! reserves the
ownership in the "oods. F$t) if e,cept for the
for# of the bill of ladin") the ownership
wo$ld have passed to the b$!er on ship#ent
of the "oods) the seller>s propert! in the
"oods shall be dee#ed to be onl! for the
p$rpose of sec$rin" perfor#ance b! the
b$!er of his obli"ations $nder the contract.
5here "oods are shipped) and b! the bill of
ladin" the "oods are deliverable to order of
the b$!er or of his a"ent) b$t possession of
the bill of ladin" is retained b! the seller or
his a"ent) the seller thereb! reserves a ri"ht
to the possession of the "oods as a"ainst the
b$!er.
5here the seller of "oods draws on the b$!er
for the price and trans#its the bill of
e,chan"e and bill of ladin" to"ether to the
b$!er to sec$re acceptance or pa!#ent of
the bill of e,chan"e) the b$!er is bo$nd to
ret$rn the bill of ladin" if he does not honor
the bill of e,chan"e) and if he wron"f$ll!
retains the bill of ladin" he ac3$ires no
added ri"ht thereb!. +f) however) the bill of
ladin" provides that the "oods are
deliverable to the b$!er or to the order of the
b$!er) or is indorsed in blank) or to the b$!er
b! the consi"nee na#ed therein) one who
p$rchases in "ood faith) for val$e) the bill of
ladin") or "oods fro# the b$!er will obtain
the ownership in the "oods) altho$"h the bill
of e,chan"e has not been honored) provided
that s$ch p$rchaser has received deliver! of
the bill of ladin" indorsed b! the consi"nee
na#ed therein) or of the "oods) witho$t
notice of the facts #akin" the transfer
wron"f$l. (n)
Art. 1.:-. Bnless otherwise a"reed) the
"oods re#ain at the seller>s risk $ntil the
ownership therein is transferred to the b$!er)
b$t when the ownership therein is
transferred to the b$!er the "oods are at the
b$!er>s risk whether act$al deliver! has been
#ade or not) e,cept that?
(1) 5here deliver! of the "oods has been
#ade to the b$!er or to a bailee for the
b$!er) in p$rs$ance of the contract and the
ownership in the "oods has been retained b!
the seller #erel! to sec$re perfor#ance b!
the b$!er of his obli"ations $nder the
contract) the "oods are at the b$!er>s risk
fro# the ti#e of s$ch deliver!;
(2) 5here act$al deliver! has been dela!ed
thro$"h the fa$lt of either the b$!er or seller
the "oods are at the risk of the part! in fa$lt.
(n)
Art. 1.:.. C$b1ect to the provisions of this
Title) where "oods are sold b! a person who
is not the owner thereof) and who does not
sell the# $nder a$thorit! or with the consent
of the owner) the b$!er ac3$ires no better
title to the "oods than the seller had) $nless
the owner of the "oods is b! his cond$ct
precl$ded fro# den!in" the seller>s a$thorit!
to sell.
9othin" in this Title) however) shall afect?
(1) The provisions of an! factors> act)
recordin" laws) or an! other provision of law
enablin" the apparent owner of "oods to
dispose of the# as if he were the tr$e owner
thereof;
(2) The validit! of an! contract of sale $nder
stat$tor! power of sale or $nder the order of
a co$rt of co#petent 1$risdiction;
(*) P$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.:/. 5here the seller of "oods has a
voidable title thereto) b$t his title has not
been avoided at the ti#e of the sale) the
b$!er ac3$ires a "ood title to the "oods)
provided he b$!s the# in "ood faith) for
val$e) and witho$t notice of the seller>s
defect of title. (n)
Art. 1.:2. A doc$#ent of title in which it is
stated that the "oods referred to therein will
be delivered to the bearer) or to the order of
an! person na#ed in s$ch doc$#ent is a
ne"otiable doc$#ent of title. (n)
Art. 1.:6. A ne"otiable doc$#ent of title
#a! be ne"otiated b! deliver!?
(1) 5here b! the ter#s of the doc$#ent the
carrier) wareho$se#an or other bailee
iss$in" the sa#e $ndertakes to deliver the
"oods to the bearer; or
(2) 5here b! the ter#s of the doc$#ent the
carrier) wareho$se#an or other bailee
iss$in" the sa#e $ndertakes to deliver the
"oods to the order of a specied person) and
s$ch person or a s$bse3$ent endorsee of the
doc$#ent has indorsed it in blank or to the
bearer.
5here b! the ter#s of a ne"otiable
doc$#ent of title the "oods are deliverable
to bearer or where a ne"otiable doc$#ent of
title has been indorsed in blank or to bearer)
an! holder #a! indorse the sa#e to hi#self
or to an! specied person) and in s$ch case
the doc$#ent shall thereafter be ne"otiated
onl! b! the endorse#ent of s$ch endorsee.
(n)
Art. 1.:8. A ne"otiable doc$#ent of title
#a! be ne"otiated b! the endorse#ent of
the person to whose order the "oods are b!
the ter#s of the doc$#ent deliverable. C$ch
endorse#ent #a! be in blank) to bearer or
to a specied person. +f indorsed to a
specied person) it #a! be a"ain ne"otiated
b! the endorse#ent of s$ch person in blank)
to bearer or to another specied person.
C$bse3$ent ne"otiations #a! be #ade in
like #anner. (n)
Art. 1.1:. +f a doc$#ent of title which
contains an $ndertakin" b! a carrier)
wareho$se#an or other bailee to deliver the
"oods to bearer) to a specied person or
order of a specied person or which contains
words of like i#port) has placed $pon it the
words "not ne"otiable)" "non4ne"otiable" or
the like) s$ch doc$#ent #a! nevertheless be
ne"otiated b! the holder and is a ne"otiable
doc$#ent of title within the #eanin" of this
Title. F$t nothin" in this Title contained shall
be constr$ed as li#itin" or denin" the
efect $pon the obli"ations of the carrier)
wareho$se#an) or other bailee iss$in" a
doc$#ent of title or placin" thereon the
words "not ne"otiable)" "non4ne"otiable)" or
the like. (n)
Art. 1.11. A doc$#ent of title which is not in
s$ch for# that it can be ne"otiated b!
deliver! #a! be transferred b! the holder b!
deliver! to a p$rchaser or donee. A non4
ne"otiable doc$#ent cannot be ne"otiated
and the endorse#ent of s$ch a doc$#ent
"ives the transferee no additional ri"ht. (n)
Art. 1.12. A ne"otiable doc$#ent of title
#a! be ne"otiated?
(1) F! the owner therefor; or
(2) F! an! person to who# the possession or
c$stod! of the doc$#ent has been entr$sted
b! the owner) if) b! the ter#s of the
doc$#ent the bailee iss$in" the doc$#ent
$ndertakes to deliver the "oods to the order
of the person to who# the possession or
c$stod! 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 #a! be
ne"otiated b! deliver!. (n)
Art. 1.1*. A person to who# a ne"otiable
doc$#ent of title has been d$l! ne"otiated
ac3$ires thereb!?
(1) C$ch title to the "oods as the person
ne"otiatin" the doc$#ent to hi# had or had
abilit! to conve! to a p$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 b! the ter#s of the doc$#ent
had or had abilit! to conve! to a p$rchaser in
"ood faith for val$e; and
(2) The direct obli"ation of the bailee iss$in"
the doc$#ent to hold possession of the
"oods for hi# accordin" to the ter#s of the
doc$#ent as f$ll! as if s$ch bailee had
contracted directl! with hi#. (n)
Art. 1.1-. A person to who# a doc$#ent of
title has been transferred) b$t not
ne"otiated) ac3$ires thereb!) as a"ainst the
transferor) the title to the "oods) s$b1ect to
the ter#s of an! a"ree#ent with the
transferor.
+f the doc$#ent is non4ne"otiable) s$ch
person also ac3$ires the ri"ht to notif! the
bailee who iss$ed the doc$#ent of the
transfer thereof) and thereb! to ac3$ire the
direct obli"ation of s$ch bailee to hold
possession of the "oods for hi# accordin" to
the ter#s of the doc$#ent.
Prior to the notication to s$ch bailee b! the
transferor or transferee of a non4ne"otiable
doc$#ent of title) the title of the transferee
to the "oods and the ri"ht to ac3$ire the
obli"ation of s$ch bailee #a! be defeated b!
the lev! of an attach#ent of e,ec$tion $pon
the "oods b! a creditor of the transferor) or
b! a notication to s$ch bailee b! the
transferor or a s$bse3$ent p$rchaser fro#
the transfer of a s$bse3$ent sale of the
"oods b! the transferor. (n)
Art. 1.1.. 5here a ne"otiable doc$#ent of
title is transferred for val$e b! deliver!) and
the endorse#ent of the transferor is
essential for ne"otiation) the transferee
ac3$ires a ri"ht a"ainst the transferor to
co#pel hi# to endorse the doc$#ent $nless
a contrar! intention appears. The ne"otiation
shall take efect as of the ti#e when the
endorse#ent is act$all! #ade. (n)
Art. 1.1/. A person who for val$e ne"otiates
or transfers a doc$#ent of title b!
endorse#ent or deliver!) incl$din" one who
assi"ns for val$e a clai# sec$red b! a
doc$#ent of title $nless a contrar! intention
appears) warrants?
(1) That the doc$#ent is "en$ine;
(2) That he has a le"al ri"ht to ne"otiate or
transfer it;
(*) That he has knowled"e of no fact which
wo$ld i#pair the validit! or worth of the
doc$#ent; and
(-) That he has a ri"ht to transfer the title to
the "oods and that the "oods are
#erchantable or t for a partic$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$#ent of title
the "oods represented thereb!. (n)
Art. 1.12. The endorse#ent of a doc$#ent
of title shall not #ake the endorser liable for
an! fail$re on the part of the bailee who
iss$ed the doc$#ent or previo$s endorsers
thereof to f$lll their respective obli"ations.
(n)
Art. 1.16. The validit! of the ne"otiation of a
ne"otiable doc$#ent of title is not i#paired
b! the fact that the ne"otiation was a breach
of d$t! on the part of the person #akin" the
ne"otiation) or b! the fact that the owner of
the doc$#ent was deprived of the
possession of the sa#e b! loss) theft) fra$d)
accident) #istake) d$ress) or conversion) if
the person to who# the doc$#ent was
ne"otiated or a person to who# the
doc$#ent was s$bse3$entl! ne"otiated paid
val$e therefor in "ood faith witho$t notice of
the breach of d$t!) or loss) theft) fra$d)
accident) #istake) d$ress or conversion. (n)
Art. 1.18. +f "oods are delivered to a bailee
b! the owner or b! a person whose act in
conve!in" the title to the# to a p$rchaser in
"ood faith for val$e wo$ld bind the owner
and a ne"otiable doc$#ent of title is iss$ed
for the# the! cannot thereafter) while in
possession of s$ch bailee) be attached b!
"arnish#ent or otherwise or be levied $nder
an e,ec$tion $nless the doc$#ent be rst
s$rrendered to the bailee or its ne"otiation
en1oined. 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 b! the
co$rt. (n)
Art. 1.2:. A creditor whose debtor is the
owner of a ne"otiable doc$#ent of title shall
be entitled to s$ch aid fro# co$rts of
appropriate 1$risdiction b! in1$nction and
otherwise in attachin" s$ch doc$#ent or in
satisf!in" the clai# b! #eans thereof as is
allowed at law or in e3$it! in re"ard to
propert! which cannot readil! be attached or
levied $pon b! ordinar! le"al process. (n)
Art. 1.21. 5hether it is for the b$!er to take
possession of the "oods or of the seller to
send the# to the b$!er is a 3$estion
dependin" in each case on the contract)
e,press or i#plied) between the parties.
Apart fro# an! s$ch contract) e,press or
i#plied) or $sa"e of trade to the contrar!)
the place of deliver! is the seller>s place of
b$siness if he has one) and if not his
residence; b$t in case of a contract of sale of
specic "oods) which to the knowled"e of
the parties when the contract or the sale was
#ade were in so#e other place) then that
place is the place of deliver!.
5here b! a contract of sale the seller is
bo$nd to send the "oods to the b$!er) b$t no
ti#e for sendin" the# is ,ed) the seller is
bo$nd to send the# within a reasonable
ti#e.
5here the "oods at the ti#e of sale are in
the possession of a third person) the seller
has not f$llled his obli"ation to deliver to
the b$!er $nless and $ntil s$ch third person
acknowled"es to the b$!er that he holds the
"oods on the b$!er>s behalf.
He#and or tender of deliver! #a! be treated
as inefect$al $nless #ade at a reasonable
ho$r. 5hat is a reasonable ho$r is a 3$estion
of fact.
Bnless otherwise a"reed) the e,penses of
and incidental to p$ttin" the "oods into a
deliverable state #$st be borne b! the seller.
(n)
Art. 1.22. 5here the seller delivers to the
b$!er a 3$antit! of "oods less than he
contracted to sell) the b$!er #a! re1ect
the#) b$t if the b$!er accepts or retains the
"oods so delivered) knowin" that the seller is
not "oin" to perfor# the contract in f$ll) he
#$st pa! for the# at the contract rate. +f)
however) the b$!er 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$!er shall not be liable for #ore
than the fair val$e to hi# of the "oods so
received.
5here the seller delivers to the b$!er a
3$antit! of "oods lar"er than he contracted
to sell) the b$!er #a! accept the "oods
incl$ded in the contract and re1ect the rest. +f
the b$!er accepts the whole of the "oods so
delivered he #$st pa! for the# at the
contract rate.
5here the seller delivers to the b$!er the
"oods he contracted to sell #i,ed with "oods
of a diferent description not incl$ded in the
contract) the b$!er #a! accept the "oods
which are in accordance with the contract
and re1ect the rest.
+n the precedin" two para"raphs) if the
s$b1ect #atter is indivisible) the b$!er #a!
re1ect the whole of the "oods.
The provisions of this article are s$b1ect to
an! $sa"e of trade) special a"ree#ent) or
co$rse of dealin" between the parties. (n)
Art. 1.2*. 5here) in p$rs$ance of a contract
of sale) the seller is a$thori(ed or re3$ired to
send the "oods to the b$!er) deliver! of the
"oods to a carrier) whether na#ed b! the
b$!er or not) for the p$rpose of trans#ission
to the b$!er is dee#ed to be a deliver! of
the "oods to the b$!er) e,cept in the case
provided for in Article 1.:*) rst) second and
third para"raphs) or $nless a contrar! intent
appears.
Bnless otherwise a$thori(ed b! the b$!er)
the seller #$st #ake s$ch contract with the
carrier on behalf of the b$!er as #a! be
reasonable) havin" re"ard 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#a"ed in co$rse of
transit) the b$!er #a! decline to treat the
deliver! to the carrier as a deliver! to
hi#self) or #a! hold the seller responsible in
da#a"es.
Bnless otherwise a"reed) where "oods are
sent b! the seller to the b$!er $nder
circ$#stances in which the seller knows or
o$"ht to know that it is $s$al to ins$re) the
seller #$st "ive s$ch notice to the b$!er as
#a! 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
pa!#ent has been ,ed in the contract.
(1-//)
Art. 1.2.. The seller of "oods is dee#ed to
be an $npaid seller within the #eanin" of
this Title?
(1) 5hen the whole of the price has not been
paid or tendered;
(2) 5hen a bill of e,chan"e or other
ne"otiable instr$#ent has been received as
conditional pa!#ent) and the condition on
which it was received has been broken b!
reason of the dishonor of the instr$#ent) the
insolvenc! of the b$!er) or otherwise.
+n Articles 1.2. to 1.*. the ter# "seller"
incl$des an a"ent of the seller to who# the
bill of ladin" has been indorsed) or a
consi"nor or a"ent who has hi#self paid) or
is directl! responsible for the price) or an!
other person who is in the position of a seller.
(n)
Art. 1.2/. C$b1ect to the provisions of this
Title) notwithstandin" that the ownership in
the "oods #a! have passed to the b$!er) the
$npaid seller of "oods) as s$ch) has?
(1) A lien on the "oods or ri"ht to retain the#
for the price while he is in possession of
the#;
(2) +n case of the insolvenc! of the b$!er) a
ri"ht of stoppin" the "oods in transit$ after
he has parted with the possession of the#;
(*) A ri"ht of resale as li#ited b! this Title;
(-) A ri"ht to rescind the sale as likewise
li#ited b! this Title.
5here the ownership in the "oods has not
passed to the b$!er) the $npaid seller has) in
addition to his other re#edies a ri"ht of
withholdin" deliver! si#ilar to and
coe,tensive with his ri"hts of lien and
stoppa"e in transit$ where the ownership
has passed to the b$!er. (n)
Art. 1.22. C$b1ect to the provisions of this
Title) the $npaid seller of "oods who is in
possession of the# is entitled to retain
possession of the# $ntil pa!#ent or tender
of the price in the followin" cases) na#el!?
(1) 5here the "oods have been sold witho$t
an! stip$lation as to credit;
(2) 5here the "oods have been sold on
credit) b$t the ter# of credit has e,pired;
(*) 5here the b$!er beco#es insolvent.
The seller #a! e,ercise his ri"ht of lien
notwithstandin" that he is in possession of
the "oods as a"ent or bailee for the b$!er.
(n)
Art. 1.26. 5here an $npaid seller has #ade
part deliver! of the "oods) he #a! e,ercise
his ri"ht of lien on the re#ainder) $nless
s$ch part deliver! has been #ade $nder
s$ch circ$#stances as to show an intent to
waive the lien or ri"ht of retention. (n)
Art. 1.28. The $npaid seller of "oods loses
his lien thereon?
(1) 5hen he delivers the "oods to a carrier
or other bailee for the p$rpose of
trans#ission to the b$!er witho$t reservin"
the ownership in the "oods or the ri"ht to the
possession thereof;
(2) 5hen the b$!er or his a"ent lawf$ll!
obtains possession of the "oods;
(*) F! waiver thereof.
The $npaid seller of "oods) havin" a lien
thereon) does not lose his lien b! reason onl!
that he has obtained 1$d"#ent or decree for
the price of the "oods. (n)
Art. 1.*:. C$b1ect to the provisions of this
Title) when the b$!er of "oods is or beco#es
insolvent) the $npaid seller who has parted
with the possession of the "oods has the
ri"ht of stoppin" the# in transit$) that is to
sa!) he #a! res$#e possession of the "oods
at an! ti#e while the! are in transit) and he
will then beco#e entitled to the sa#e ri"hts
in re"ard to the "oods as he wo$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) Dro# the ti#e when the! are delivered to
a carrier b! land) water) or air) or other
bailee for the p$rpose of trans#ission to the
b$!er) $ntil the b$!er) or his a"ent in that
behalf) takes deliver! of the# fro# s$ch
carrier or other bailee;
(2) +f the "oods are re1ected b! the b$!er)
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 lon"er in transit within the
#eanin" of the precedin" article?
(1) +f the b$!er) or his a"ent in that behalf)
obtains deliver! of the "oods before their
arrival at the appointed destination;
(2) +f) after the arrival of the "oods at the
appointed destination) the carrier or other
bailee acknowled"es to the b$!er or his
a"ent that he holds the "oods on his behalf
and contin$es in possession of the# as
bailee for the b$!er or his a"ent; and it is
i##aterial that f$rther destination for the
"oods #a! have been indicated b! the
b$!er;
(*) +f the carrier or other bailee wron"f$ll!
ref$ses to deliver the "oods to the b$!er or
his a"ent in that behalf.
+f the "oods are delivered to a ship) frei"ht
train) tr$ck) or airplane chartered b! the
b$!er) it is a 3$estion dependin" on the
circ$#stances of the partic$lar case)
whether the! are in the possession of the
carrier as s$ch or as a"ent of the b$!er.
+f part deliver! of the "oods has been #ade
to the b$!er) or his a"ent in that behalf) the
re#ainder of the "oods #a! be stopped in
transit$) $nless s$ch part deliver! has been
$nder s$ch circ$#stances as to show an
a"ree#ent with the b$!er to "ive $p
possession of the whole of the "oods. (n)
Art. 1.*2. The $npaid seller #a! e,ercise his
ri"ht of stoppa"e in transit$ either b!
obtainin" act$al possession of the "oods or
b! "ivin" notice of his clai# to the carrier or
other bailee in whose possession the "oods
are. C$ch notice #a! be "iven either to the
person in act$al possession of the "oods or
to his principal. +n the latter case the notice)
to be efect$al) #$st be "iven at s$ch ti#e
and $nder s$ch circ$#stances that the
principal) b! the e,ercise of reasonable
dili"ence) #a! prevent a deliver! to the
b$!er.
5hen notice of stoppa"e in transit$ is "iven
b! 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 deliver!
#$st be borne b! the seller. +f) however) a
ne"otiable doc$#ent of title representin" the
"oods has been iss$ed b! the carrier or other
bailee) he shall not obli"ed to deliver or
1$stied in deliverin" the "oods to the seller
$nless s$ch doc$#ent is rst s$rrendered for
cancellation. (n)
Art. 1.**. 5here the "oods are of perishable
nat$re) or where the seller e,pressl!
reserves the ri"ht of resale in case the b$!er
sho$ld #ake defa$lt) or where the b$!er has
been in defa$lt in the pa!#ent of the price
for an $nreasonable ti#e) an $npaid seller
havin" a ri"ht of lien or havin" stopped the
"oods in transit$ #a! resell the "oods. <e
shall not thereafter be liable to the ori"inal
b$!er $pon the contract of sale or for an!
prot #ade b! s$ch resale) b$t #a! recover
fro# the b$!er da#a"es for an! loss
occasioned b! the breach of the contract of
sale.
5here a resale is #ade) as a$thori(ed in this
article) the b$!er ac3$ires a "ood title as
a"ainst the ori"inal b$!er.
+t is not essential to the validit! of resale that
notice of an intention to resell the "oods be
"iven b! the seller to the ori"inal b$!er. F$t
where the ri"ht 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$ch notice shall be
relevant in an! iss$e involvin" the 3$estion
whether the b$!er had been in defa$lt for an
$nreasonable ti#e before the resale was
#ade.
+t is not essential to the validit! of a resale
that notice of the ti#e and place of s$ch
resale sho$ld be "iven b! the seller to the
ori"inal b$!er.
The seller is bo$nd to e,ercise reasonable
care and 1$d"#ent in #akin" a resale) and
s$b1ect to this re3$ire#ent #a! #ake a
resale either b! p$blic or private sale. <e
cannot) however) directl! or indirectl! b$!
the "oods. (n)
Art. 1.*-. An $npaid seller havin" the ri"ht
of lien or havin" stopped the "oods in
transit$) #a! rescind the transfer of title and
res$#e the ownership in the "oods) where
he e,pressl! reserved the ri"ht to do so in
case the b$!er sho$ld #ake defa$lt) or
where the b$!er has been in defa$lt in the
pa!#ent of the price for an $nreasonable
ti#e. The seller shall not thereafter be liable
to the b$!er $pon the contract of sale) b$t
#a! recover fro# the b$!er da#a"es for an!
loss occasioned b! the breach of the
contract.
The transfer of title shall not be held to have
been rescinded b! an $npaid seller $ntil he
has #anifested b! notice to the b$!er or b!
so#e other overt act an intention to rescind.
+t is not necessar! that s$ch overt act sho$ld
be co##$nicated to the b$!er) b$t the
"ivin" or fail$re to "ive notice to the b$!er of
the intention to rescind shall be relevant in
an! iss$e involvin" the 3$estion whether the
b$!er had been in defa$lt for an
$nreasonable ti#e before the ri"ht of
rescission was asserted. (n)
Art. 1.*.. C$b1ect to the provisions of this
Title) the $npaid seller>s ri"ht of lien or
stoppa"e in transit$ is not afected b! an!
sale) or other disposition of the "oods which
the b$!er #a! have #ade) $nless the seller
has assented thereto.
+f) however) a ne"otiable doc$#ent of title
has been iss$ed for "oods) no seller>s lien or
ri"ht of stoppa"e in transit$ shall defeat the
ri"ht of an! p$rchaser for val$e in "ood faith
to who# s$ch doc$#ent has been
ne"otiated) whether s$ch ne"otiation be
prior or s$bse3$ent to the notication to the
carrier) or other bailee who iss$ed s$ch
doc$#ent) of the seller>s clai# to a lien or
ri"ht of stoppa"e in transit$. (n)
Art. 1.*/. The vendor is not bo$nd to deliver
the thin" sold in case the vendee sho$ld lose
the ri"ht to #ake $se of the ter#s as
provided in Article 1186. (1-/2a)
Art. 1.*2. The vendor is bo$nd to deliver the
thin" sold and its accessions and accessories
in the condition in which the! were $pon the
perfection of the contract.
All the fr$its shall pertain to the vendee fro#
the da! on which the contract was perfected.
(1-/6a)
Art. 1.*6. +n case of loss) deterioration or
i#prove#ent of the thin" before its deliver!)
the r$les in Article 1168 shall be observed)
the vendor bein" considered the debtor. (n)
Art. 1.*8. The obli"ation to deliver the thin"
sold incl$des that of placin" in the control of
the vendee all that is #entioned in the
contract) in confor#it! 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$#ber) the vendor shall be obli"ed to
deliver to the vendee) if the latter sho$ld
de#and it) all that #a! have been stated in
the contract; b$t) sho$ld this be not possible)
the vendee #a! choose between a
proportional red$ction of the price and the
rescission of the contract) provided that) in
the latter case) the lack in the area be not
less than one4tenth of that stated.
The sa#e shall be done) even when the area
is the sa#e) if an! part of the i##ovable is
not of the 3$alit! specied in the contract.
The rescission) in this case) shall onl! take
place at the will of the vendee) when the
inferior val$e of the thin" sold e,ceeds one4
tenth of the price a"reed $pon.
9evertheless) if the vendee wo$ld not have
bo$"ht the i##ovable had he known of its
s#aller area of inferior 3$alit!) he #a!
rescind the sale. (1-/8a)
Art. 1.-:. +f) in the case of the precedin"
article) there is a "reater area or n$#ber in
the i##ovable than that stated in the
contract) the vendee #a! accept the area
incl$ded in the contract and re1ect the rest. +f
he accepts the whole area) he #$st pa! for
the sa#e at the contract rate. (1-2:a)
Art. 1.-1. The provisions of the two
precedin" articles shall appl! to 1$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 sin"le price;
b$t if) besides #entionin" the bo$ndaries)
which is indispensable in ever! conve!ance
of real estate) its area or n$#ber sho$ld be
desi"nated 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 specied in the contract;
and) sho$ld he not be able to do so) he shall
s$fer 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. (1-21)
Art. 1.-*. The actions arisin" fro# Articles
1.*8 and 1.-2 shall prescribe in si, #onths)
co$nted fro# the da! of deliver!. (1-22a)
Art. 1.--. +f the sa#e thin" sho$ld have
been sold to diferent vendees) the
ownership shall be transferred to the person
who #a! have rst taken possession thereof
in "ood faith) if it sho$ld be #ovable
propert!.
Cho$ld it be i##ovable propert!) the
ownership shall belon" to the person
ac3$irin" it who in "ood faith rst recorded it
in the 0e"istr! of Propert!.
Cho$ld there be no inscription) the ownership
shall pertain to the person who in "ood faith
was rst in the possession; and) in the
absence thereof) to the person who presents
the oldest title) provided there is "ood faith.
(1-2*)

C=CT+%9 *. 4 Conditions and 5arranties

Art. 1.-.. 5here the obli"ation of either
part! to a contract of sale is s$b1ect to an!
condition which is not perfor#ed) s$ch part!
#a! ref$se to proceed with the contract or
he #a! waive perfor#ance of the condition.
+f the other part! has pro#ised that the
condition sho$ld happen or be perfor#ed)
s$ch rst #entioned part! #a! also treat the
nonperfor#ance of the condition as a breach
of warrant!.
5here the ownership in the thin" has not
passed) the b$!er #a! treat the f$lll#ent
b! the seller of his obli"ation to deliver the
sa#e as described and as warranted
e,pressl! or b! i#plication in the contract of
sale as a condition of the obli"ation of the
b$!er to perfor# his pro#ise to accept and
pa! for the thin". (n)
Art. 1.-/. An! a&r#ation of fact or an!
pro#ise b! the seller relatin" to the thin" is
an e,press warrant! if the nat$ral tendenc!
of s$ch a&r#ation or pro#ise is to ind$ce
the b$!er to p$rchase the sa#e) and if the
b$!er p$rchase the thin" rel!in" thereon. 9o
a&r#ation of the val$e of the thin") nor an!
state#ent p$rportin" to be a state#ent of
the seller>s opinion onl!) shall be constr$ed
as a warrant!) $nless the seller #ade s$ch
a&r#ation or state#ent as an e,pert and it
was relied $pon b! the b$!er. (n)
Art. 1.-2. +n a contract of sale) $nless a
contrar! intention appears) there is?
(1) An i#plied warrant! on the part of the
seller that he has a ri"ht to sell the thin" at
the ti#e when the ownership is to pass) and
that the b$!er shall fro# that ti#e have and
en1o! the le"al and peacef$l possession of
the thin";
(2) An i#plied warrant! that the thin" shall
be free fro# an! hidden fa$lts or defects) or
an! char"e or enc$#brance not declared or
known to the b$!er.
This Article shall not) however) be held to
render liable a sherif) a$ctioneer)
#ort"a"ee) pled"ee) or other person
professin" to sell b! virt$e of a$thorit! in
fact or law) for the sale of a thin" in which a
third person has a le"al or e3$itable interest.
(n)

CBFC=CT+%9 1. 4 5arrant! in Case of =viction

Art. 1.-6. =viction shall take place whenever
b! a nal 1$d"#ent based on a ri"ht prior to
the sale or an act i#p$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$b1ect.
The contractin" parties) however) #a!
increase) di#inish) or s$ppress this le"al
obli"ation of the vendor. (1-2.a)
Art. 1.-8. The vendee need not appeal fro#
the decision in order that the vendor #a!
beco#e liable for eviction. (n)
Art. 1..:. 5hen adverse possession had
been co##enced before the sale b$t the
prescriptive period is co#pleted after the
transfer) the vendor shall not be liable for
eviction. (n)
Art. 1..1. +f the propert! is sold for
nonpa!#ent of ta,es d$e and not #ade
known to the vendee before the sale) the
vendor is liable for eviction. (n)
Art. 1..2. The 1$d"#ent debtor is also
responsible for eviction in 1$dicial sales)
$nless it is otherwise decreed in the
1$d"#ent. (n)
Art. 1..*. An! stip$lation e,e#ptin" the
vendor fro# the obli"ation to answer for
eviction shall be void) if he acted in bad faith.
(1-2/)
Art. 1..-. +f the vendee has reno$nced the
ri"ht to warrant! in case of eviction) and
eviction sho$ld take place) the vendor shall
onl! pa! the val$e which the thin" sold had
at the ti#e of the eviction. Cho$ld the
vendee have #ade the waiver with
knowled"e of the risks of eviction and
ass$#ed its conse3$ences) the vendor shall
not be liable. (1-22)
Art. 1.... 5hen the warrant! has been
a"reed $pon or nothin" has been stip$lated
on this point) in case eviction occ$rs) the
vendee shall have the ri"ht to de#and of the
vendor?
(1) The ret$rn of the val$e which the thin"
sold had at the ti#e of the eviction) be it
"reater or less than the price of the sale;
(2) The inco#e or fr$its) if he has been
ordered to deliver the# to the part! who won
the s$it a"ainst hi#;
(*) The costs of the s$it which ca$sed the
eviction) and) in a proper case) those of the
s$it bro$"ht a"ainst the vendor for the
warrant!;
(-) The e,penses of the contract) if the
vendee has paid the#;
(.) The da#a"es and interests) and
orna#ental e,penses) if the sale was #ade
in bad faith. (1-26)
Art. 1../. Cho$ld the vendee lose) b! 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 #a! de#and the rescission of
the contract; b$t with the obli"ation to ret$rn
the thin" witho$t other enc$#brances that
those which it had when he ac3$ired it.
<e #a! e,ercise this ri"ht of action) instead
of enforcin" the vendor>s liabilit! for eviction.
The sa#e r$le shall be observed when two or
#ore thin"s have been 1ointl! sold for a l$#p
s$#) or for a separate price for each of
the#) if it sho$ld clearl! appear that the
vendee wo$ld not have p$rchased one
witho$t the other. (1-28a)
Art. 1..2. The warrant! cannot be enforced
$ntil a nal 1$d"#ent has been rendered)
whereb! the vendee loses the thin" ac3$ired
or a part thereof. (1-6:)
Art. 1..6. The vendor shall not be obli"ed to
#ake "ood the proper warrant!) $nless he is
s$##oned in the s$it for eviction at the
instance of the vendee. (1-61a)
Art. 1..8. The defendant vendee shall ask)
within the ti#e ,ed in the 0$les of Co$rt for
answerin" the co#plaint) that the vendor be
#ade a co4defendant. (1-62a)
Art. 1./:. +f the i##ovable sold sho$ld be
enc$#bered with an! non4apparent b$rden
or servit$de) not #entioned in the
a"ree#ent) of s$ch a nat$re that it #$st be
pres$#ed that the vendee wo$ld not have
ac3$ired it had he been aware thereof) he
#a! ask for the rescission of the contract)
$nless he sho$ld prefer the appropriate
inde#nit!. 9either ri"ht can be e,ercised if
the non4apparent b$rden or servit$de is
recorded in the 0e"istr! of Propert!) $nless
there is an e,press warrant! that the thin" is
free fro# all b$rdens and enc$#brances.
5ithin one !ear) to be co#p$ted fro# the
e,ec$tion of the deed) the vendee #a! brin"
the action for rescission) or s$e for da#a"es.
%ne !ear havin" elapsed) he #a! onl! brin"
an action for da#a"es within an e3$al
period) to be co$nted fro# the date on which
he discovered the b$rden or servit$de.
(1-6*a)

CBFC=CT+%9 2. 4 5arrant! A"ainst <idden
Hefects of or =nc$#brances Bpon the Thin"
Cold

Art. 1./1. The vendor shall be responsible
for warrant! a"ainst the hidden defects
which the thin" sold #a! have) sho$ld the!
render it $nt for the $se for which it is
intended) or sho$ld the! di#inish its tness
for s$ch $se to s$ch an e,tent that) had the
vendee been aware thereof) he wo$ld not
have ac3$ired it or wo$ld have "iven a lower
price for it; b$t said vendor shall not be
answerable for patent defects or those which
#a! be visible) or for those which are not
visible if the vendee is an e,pert who) b!
reason of his trade or profession) sho$ld
have known the#. (1-6-a)
Art. 1./2. +n a sale of "oods) there is an
i#plied warrant! or condition as to the
3$alit! or tness of the "oods) as follows?
(1) 5here the b$!er) e,pressl! or b!
i#plication) #akes known to the seller the
partic$lar p$rpose for which the "oods are
ac3$ired) and it appears that the b$!er relies
on the seller>s skill or 1$d"#ent (whether he
be the "rower or #an$fact$rer or not)) there
is an i#plied warrant! that the "oods shall
be reasonabl! t for s$ch p$rpose;
(2) 5here the "oods are bro$"ht b!
description fro# a seller who deals in "oods
of that description (whether he be the
"rower or #an$fact$rer or not)) there is an
i#plied warrant! that the "oods shall be of
#erchantable 3$alit!. (n)
Art. 1./*. +n the case of contract of sale of a
specied article $nder its patent or other
trade na#e) there is no warrant! as to its
tness for an! partic$lar p$rpose) $nless
there is a stip$lation to the contrar!. (n)
Art. 1./-. An i#plied warrant! or condition
as to the 3$alit! or tness for a partic$lar
p$rpose #a! be anne,ed b! the $sa"e of
trade. (n)
Art. 1./.. +n the case of a contract of sale b!
sa#ple) if the seller is a dealer in "oods of
that kind) there is an i#plied warrant! that
the "oods shall be free fro# an! 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 an! hidden fa$lts or defects in
the thin" sold) even tho$"h he was not
aware thereof.
This provision shall not appl! if the contrar!
has been stip$lated) and the vendor was not
aware of the hidden fa$lts or defects in the
thin" sold. (1-6.)
Art. 1./2. +n the cases of Articles 1./1)
1./2) 1./-) 1./. and 1.//) the vendee #a!
elect between withdrawin" fro# the contract
and de#andin" a proportionate red$ction of
the price) with da#a"es in either case.
(1-6/a)
Art. 1./6. +f the thin" sold sho$ld be lost in
conse3$ence of the hidden fa$lts) and the
vendor was aware of the#) he shall bear the
loss) and shall be obli"ed to ret$rn the price
and ref$nd the e,penses of the contract)
with da#a"es. +f he was not aware of the#)
he shall onl! ret$rn the price and interest
thereon) and rei#b$rse the e,penses of the
contract which the vendee #i"ht have paid.
(1-62a)
Art. 1./8. +f the thin" sold had an! hidden
fa$lt at the ti#e of the sale) and sho$ld
thereafter be lost b! a fort$ito$s event or
thro$"h the fa$lt of the vendee) the latter
#a! de#and of the vendor the price which
he paid) less the val$e which the thin" had
when it was lost.
+f the vendor acted in bad faith) he shall pa!
da#a"es to the vendee. (1-66a)
Art. 1.2:. The precedin" articles of this
C$bsection shall be applicable to 1$dicial
sales) e,cept that the 1$d"#ent debtor shall
not be liable for da#a"es. (1-68a)
Art. 1.21. Actions arisin" fro# the provisions
of the precedin" ten articles shall be barred
after si, #onths) fro# the deliver! of the
thin" sold. (1-8:)
Art. 1.22. +f two or #ore ani#als are sold
to"ether) whether for a l$#p s$# or for a
separate price for each of the#) the
redhibitor! defect of one shall onl! "ive rise
to its redhibition) and not that of the others;
$nless it sho$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$#ed when a
tea#) !oke pair) or set is bo$"ht) even if a
separate price has been ,ed for each one of
the ani#als co#posin" the sa#e. (1-81)
Art. 1.2*. 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 thin"s. (1-82)
Art. 1.2-. There is no warrant! a"ainst
hidden defects of ani#als sold at fairs or at
p$blic a$ctions) or of live stock sold as
conde#ned. (1-8*a)
Art. 1.2.. The sale of ani#als s$ferin" fro#
conta"io$s diseases shall be void.
A contract of sale of ani#als shall also be
void if the $se or service for which the! are
ac3$ired has been stated in the contract)
and the! are fo$nd to be $nt therefor.
(1-8-a)
Art. 1.2/. +f the hidden defect of ani#als)
even in case a professional inspection has
been #ade) sho$ld be of s$ch a nat$re that
e,pert knowled"e is not s$&cient to discover
it) the defect shall be considered as
redhibitor!.
F$t if the veterinarian) thro$"h i"norance or
bad faith sho$ld fail to discover or disclose it)
he shall be liable for da#a"es. (1-8.)
Art. 1.22. The redhibitor! action) based on
the fa$lts or defects of ani#als) #$st be
bro$"ht within fort! da!s fro# the date of
their deliver! to the vendee.
This action can onl! be e,ercised with
respect to fa$lts and defects which are
deter#ined b! law or b! local c$sto#s.
(1-8/a)
Art. 1.26. +f the ani#al sho$ld die within
three da!s 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.
(1-82a)
Art. 1.28. +f the sale be rescinded) the
ani#al shall be ret$rned in the condition in
which it was sold and delivered) the vendee
bein" answerable for an! in1$r! d$e to his
ne"li"ence) and not arisin" fro# the
redhibitor! fa$lt or defect. (1-86)
Art. 1.6:. +n the sale of ani#als with
redhibitor! defects) the vendee shall also
en1o! the ri"ht #entioned in article 1./2;
b$t he #$st #ake $se thereof within the
sa#e period which has been ,ed for the
e,ercise of the redhibitor! action. (1-88)
Art. 1.61. The for# of sale of lar"e cattle
shall be "overned b! special laws. (n)

C<APT=0 .
%FL+'AT+%9C %D T<= A=9H==

Art. 1.62. The vendee is bo$nd to accept
deliver! and to pa! the price of the thin"
sold at the ti#e and place stip$lated in the
contract.
+f the ti#e and place sho$ld not have been
stip$lated) the pa!#ent #$st be #ade at the
ti#e and place of the deliver! of the thin"
sold. (1.::a)
Art. 1.6*. Bnless otherwise a"reed) the
b$!er of "oods is not bo$nd to accept
deliver! thereof b! install#ents.
5here there is a contract of sale of "oods to
be delivered b! stated install#ents) which
are to be separatel! paid for) and the seller
#akes defective deliveries in respect of one
or #ore instal#ents) or the b$!er ne"lects or
ref$ses witho$t 1$st ca$se to take deliver! of
or pa! for one #ore instal#ents) it depends
in each case on the ter#s of the contract
and the circ$#stances of the case) whether
the breach of contract is so #aterial as to
1$stif! the in1$red part! in ref$sin" to
proceed f$rther and s$in" for da#a"es for
breach of the entire contract) or whether the
breach is severable) "ivin" rise to a clai# for
co#pensation b$t not to a ri"ht to treat the
whole contract as broken. (n)
Art. 1.6-. 5here "oods are delivered to the
b$!er) which he has not previo$sl!
e,a#ined) he is not dee#ed to have
accepted the# $nless and $ntil he has had a
reasonable opport$nit! of e,a#inin" the#
for the p$rpose of ascertainin" whether the!
are in confor#it! with the contract if there is
no stip$lation to the contrar!.
Bnless otherwise a"reed) when the seller
tenders deliver! of "oods to the b$!er) he is
bo$nd) on re3$est) to aford the b$!er a
reasonable opport$nit! of e,a#inin" the
"oods for the p$rpose of ascertainin"
whether the! are in confor#it! with the
contract.
5here "oods are delivered to a carrier b! the
seller) in accordance with an order fro# or
a"ree#ent with the b$!er) $pon the ter#s
that the "oods shall not be delivered b! the
carrier to the b$!er $ntil he has paid the
price) whether s$ch ter#s are indicated b!
#arkin" the "oods with the words "collect on
deliver!)" or otherwise) the b$!er is not
entitled to e,a#ine the "oods before the
pa!#ent of the price) in the absence of
a"ree#ent or $sa"e of trade per#ittin" s$ch
e,a#ination. (n)
Art. 1.6.. The b$!er is dee#ed to have
accepted the "oods when he inti#ates to the
seller that he has accepted the#) or when
the "oods have been delivered to hi#) and
he does an! act in relation to the# which is
inconsistent with the ownership of the seller)
or when) after the lapse of a reasonable
ti#e) he retains the "oods witho$t inti#atin"
to the seller that he has re1ected the#. (n)
Art. 1.6/. +n the absence of e,press or
i#plied a"ree#ent of the parties)
acceptance of the "oods b! the b$!er shall
not dischar"e the seller fro# liabilit! in
da#a"es or other le"al re#ed! for breach of
an! pro#ise or warrant! in the contract of
sale. F$t) if) after acceptance of the "oods)
the b$!er fails to "ive notice to the seller of
the breach in an! pro#ise of warrant! within
a reasonable ti#e after the b$!er knows) or
o$"ht to know of s$ch breach) the seller shall
not be liable therefor. (n)
Art. 1.62. Bnless otherwise a"reed) where
"oods are delivered to the b$!er) and he
ref$ses to accept the#) havin" the ri"ht so
to do) he is not bo$nd to ret$rn the# to the
seller) b$t it is s$&cient if he noties the
seller that he ref$ses to accept the#. +f he
vol$ntaril! constit$tes hi#self a depositar!
thereof) he shall be liable as s$ch. (n)
Art. 1.66. +f there is no stip$lation as
specied in the rst para"raph of article
1.2*) when the b$!er>s ref$sal to accept the
"oods is witho$t 1$st ca$se) the title thereto
passes to hi# fro# the #o#ent the! are
placed at his disposal. (n)
Art. 1.68. The vendee shall owe interest for
the period between the deliver! of the thin"
and the pa!#ent of the price) in the
followin" three cases?
(1) Cho$ld it have been so stip$lated;
(2) Cho$ld the thin" sold and delivered
prod$ce fr$its or inco#e;
(*) Cho$ld he be in defa$lt) fro# the ti#e of
1$dicial or e,tra1$dicial de#and for the
pa!#ent of the price. (1.:1a)
Art. 1.8:. Cho$ld the vendee be dist$rbed in
the possession or ownership of the thin"
ac3$ired) or sho$ld he have reasonable
"ro$nds to fear s$ch dist$rbance) b! a
vindicator! action or a foreclos$re of
#ort"a"e) he #a! s$spend the pa!#ent of
the price $ntil the vendor has ca$sed the
dist$rbance or dan"er to cease) $nless the
latter "ives sec$rit! for the ret$rn of the
price in a proper case) or it has been
stip$lated that) notwithstandin" an! s$ch
contin"enc!) the vendee shall be bo$nd to
#ake the pa!#ent. A #ere act of trespass
shall not a$thori(e the s$spension of the
pa!#ent of the price. (1.:2a)
Art. 1.81. Cho$ld the vendor have
reasonable "ro$nds to fear the loss of
i##ovable propert! sold and its price) he
#a! i##ediatel! s$e for the rescission of
the sale.
Cho$ld s$ch "ro$nd not e,ist) the provisions
of Article 1181 shall be observed. (1.:*)
Art. 1.82. +n the sale of i##ovable propert!)
even tho$"h it #a! have been stip$lated
that $pon fail$re to pa! the price at the ti#e
a"reed $pon the rescission of the contract
shall of ri"ht take place) the vendee #a!
pa!) even after the e,piration of the period)
as lon" as no de#and for rescission of the
contract has been #ade $pon hi# either
1$diciall! or b! a notarial act. After the
de#and) the co$rt #a! not "rant hi# a new
ter#. (1.:-a)
Art. 1.8*. 5ith respect to #ovable propert!)
the rescission of the sale shall of ri"ht take
place in the interest of the vendor) if the
vendee) $pon the e,piration of the period
,ed for the deliver! of the thin") sho$ld not
have appeared to receive it) or) havin"
appeared) he sho$ld not have tendered the
price at the sa#e ti#e) $nless a lon"er
period has been stip$lated for its pa!#ent.
(1.:.)

C<APT=0 /
ACT+%9C D%0 F0=AC< %D C%9T0ACT %D
CAL= %D '%%HC

Art. 1.8-. Actions for breach of the contract
of sale of "oods shall be "overned
partic$larl! b! the provisions of this Chapter)
and as to #atters not specicall! provided
for herein) b! other applicable provisions of
this Title. (n)
Art. 1.8.. 5here) $nder a contract of sale)
the ownership of the "oods has passed to
the b$!er and he wron"f$ll! ne"lects or
ref$ses to pa! for the "oods accordin" to the
ter#s of the contract of sale) the seller #a!
#aintain an action a"ainst hi# for the price
of the "oods.
5here) $nder a contract of sale) the price is
pa!able on a certain da!) irrespective of
deliver! or of transfer of title and the b$!er
wron"f$ll! ne"lects or ref$ses to pa! s$ch
price) the seller #a! #aintain an action for
the price altho$"h the ownership in the
"oods has not passed. F$t it shall be a
defense to s$ch an action that the seller at
an! ti#e before the 1$d"#ent in s$ch action
has #anifested an inabilit! to perfor# the
contract of sale on his part or an intention
not to perfor# it.
Altho$"h the ownership in the "oods has not
passed) if the! cannot readil! be resold for a
reasonable price) and if the provisions of
article 1.8/) fo$rth para"raph) are not
applicable) the seller #a! ofer to deliver the
"oods to the b$!er) and) if the b$!er ref$ses
to receive the#) #a! notif! the b$!er that
the "oods are thereafter held b! the seller as
bailee for the b$!er. Thereafter the seller
#a! treat the "oods as the b$!er>s and #a!
#aintain an action for the price. (n)
Art. 1.8/. 5here the b$!er wron"f$ll!
ne"lects or ref$ses to accept and pa! for the
"oods) the seller #a! #aintain an action
a"ainst hi# for da#a"es for nonacceptance.
The #eas$re of da#a"es is the esti#ated
loss directl! and nat$rall! res$ltin" in the
ordinar! co$rse of events fro# the b$!er>s
breach of contract.
5here there is an available #arket for the
"oods in 3$estion) the #eas$re of da#a"es
is) in the absence of special circ$#stances
showin" pro,i#ate da#a"e of a diferent
a#o$nt) the diference 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 ,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 necessar! on the part of the seller to
enable hi# to f$lll his obli"ations $nder the
contract of sale) the b$!er rep$diates the
contract or noties the seller to proceed no
f$rther therewith) the b$!er shall be liable to
the seller for labor perfor#ed or e,penses
#ade before receivin" notice of the b$!er>s
rep$diation or co$nter#and. The prot the
seller wo$ld have #ade if the contract or the
sale had been f$ll! perfor#ed shall be
considered in awardin" the da#a"es. (n)
Art. 1.82. 5here the "oods have not been
delivered to the b$!er) and the b$!er has
rep$diated the contract of sale) or has
#anifested his inabilit! to perfor# his
obli"ations there$nder) or has co##itted a
breach thereof) the seller #a! totall! rescind
the contract of sale b! "ivin" notice of his
election so to do to the b$!er. (n)
Art. 1.86. 5here the seller has broken a
contract to deliver specic or ascertained
"oods) a co$rt #a!) on the application of the
b$!er) direct that the contract shall be
perfor#ed specicall!) witho$t "ivin" the
seller the option of retainin" the "oods on
pa!#ent of da#a"es. The 1$d"#ent or
decree #a! be $nconditional) or $pon s$ch
ter#s and conditions as to da#a"es)
pa!#ent of the price and otherwise) as the
co$rt #a! dee# 1$st. (n)
Art. 1.88. 5here there is a breach of
warrant! b! the seller) the b$!er #a!) at his
election?
(1) Accept or keep the "oods and set $p
a"ainst the seller) the breach of warrant! b!
wa! of reco$p#ent in di#in$tion or
e,tinction of the price;
(2) Accept or keep the "oods and #aintain
an action a"ainst the seller for da#a"es for
the breach of warrant!;
(*) 0ef$se to accept the "oods) and #aintain
an action a"ainst the seller for da#a"es for
the breach of warrant!;
(-) 0escind the contract of sale and ref$se to
receive the "oods or if the "oods have
alread! been received) ret$rn the# or ofer
to ret$rn the# to the seller and recover the
price or an! part thereof which has been
paid.

5hen the b$!er has clai#ed and been
"ranted a re#ed! in an!one of these wa!s)
no other re#ed! can thereafter be "ranted)
witho$t pre1$dice to the provisions of the
second para"raph of Article 1181.
5here the "oods have been delivered to the
b$!er) he cannot rescind the sale if he knew
of the breach of warrant! when he accepted
the "oods witho$t protest) or if he fails to
notif! the seller within a reasonable ti#e of
the election to rescind) or if he fails to ret$rn
or to ofer to ret$rn the "oods to the seller in
s$bstantiall! as "ood condition as the! were
in at the ti#e the ownership was transferred
to the b$!er. F$t if deterioration or in1$r! of
the "oods is d$e to the breach or warrant!)
s$ch deterioration or in1$r! shall not prevent
the b$!er fro# ret$rnin" or oferin" to ret$rn
the "oods to the seller and rescindin" the
sale.
5here the b$!er is entitled to rescind the
sale and elects to do so) he shall cease to be
liable for the price $pon ret$rnin" or oferin"
to ret$rn the "oods. +f the price or an! part
thereof has alread! been paid) the seller
shall be liable to repa! so #$ch thereof as
has been paid) conc$rrentl! with the ret$rn
of the "oods) or i##ediatel! after an ofer to
ret$rn the "oods in e,chan"e for repa!#ent
of the price.
5here the b$!er is entitled to rescind the
sale and elects to do so) if the seller ref$ses
to accept an ofer of the b$!er to ret$rn the
"oods) the b$!er shall thereafter be dee#ed
to hold the "oods as bailee for the seller) b$t
s$b1ect to a lien to sec$re pa!#ent of an!
portion of the price which has been paid) and
with the re#edies for the enforce#ent of
s$ch lien allowed to an $npaid seller b!
Article 1.2/.
(.) +n the case of breach of warrant! of
3$alit!) s$ch loss) in the absence of special
circ$#stances showin" pro,i#ate da#a"e of
a "reater a#o$nt) is the diference between
the val$e of the "oods at the ti#e of deliver!
to the b$!er and the val$e the! wo$ld have
had if the! had answered to the warrant!. (n)
C<APT=0 2
=KT+9'B+C<@=9T %D CAL=

Art. 1/::. Cales are e,tin"$ished b! the
sa#e ca$ses as all other obli"ations) b!
those stated in the precedin" articles of this
Title) and b! conventional or le"al
rede#ption. (1.:/)

C=CT+%9 1. 4 Conventional 0ede#ption

Art. 1/:1. Conventional rede#ption shall
take place when the vendor reserves the
ri"ht to rep$rchase the thin" sold) with the
obli"ation to co#pl! with the provisions of
Article 1/1/ and other stip$lations which
#a! have been a"reed $pon. (1.:2)
Art. 1/:2. The contract shall be pres$#ed to
be an e3$itable #ort"a"e) in an! of the
followin" cases?
(1) 5hen the price of a sale with ri"ht to
rep$rchase is $n$s$all! inade3$ate;
(2) 5hen the vendor re#ains in possession
as lessee or otherwise;
(*) 5hen $pon or after the e,piration of the
ri"ht to rep$rchase another instr$#ent
e,tendin" the period of rede#ption or
"rantin" a new period is e,ec$ted;
(-) 5hen the p$rchaser retains for hi#self a
part of the p$rchase price;
(.) 5hen the vendor binds hi#self to pa! the
ta,es on the thin" sold;
(/) +n an! other case where it #a! be fairl!
inferred that the real intention of the parties
is that the transaction shall sec$re the
pa!#ent of a debt or the perfor#ance of an!
other obli"ation.
+n an! of the fore"oin" cases) an! #one!)
fr$its) or other benet to be received b! the
vendee as rent or otherwise shall be
considered as interest which shall be s$b1ect
to the $s$r! laws. (n)
Art. 1/:*. +n case of do$bt) a contract
p$rportin" to be a sale with ri"ht to
rep$rchase shall be constr$ed as an
e3$itable #ort"a"e. (n)
Art. 1/:-. The provisions of Article 1/:2 shall
also appl! to a contract p$rportin" to be an
absol$te sale. (n)
Art. 1/:.. +n the cases referred to in Articles
1/:2 and 1/:-) the apparent vendor #a!
ask for the refor#ation of the instr$#ent. (n)
Art. 1/:/. The ri"ht referred to in Article
1/:1) in the absence of an e,press
a"ree#ent) shall last fo$r !ears fro# the
date of the contract.
Cho$ld there be an a"ree#ent) the period
cannot e,ceed ten !ears.
<owever) the vendor #a! still e,ercise the
ri"ht to rep$rchase within thirt! da!s fro#
the ti#e nal 1$d"#ent was rendered in a
civil action on the basis that the contract was
a tr$e sale with ri"ht to rep$rchase. (1.:6a)
Art. 1/:2. +n case of real propert!) the
consolidation of ownership in the vendee b!
virt$e of the fail$re of the vendor to co#pl!
with the provisions of article 1/1/ shall not
be recorded in the 0e"istr! of Propert!
witho$t a 1$dicial order) after the vendor has
been d$l! heard. (n)
Art. 1/:6. The vendor #a! brin" his action
a"ainst ever! possessor whose ri"ht is
derived fro# the vendee) even if in the
second contract no #ention sho$ld have
been #ade of the ri"ht to rep$rchase)
witho$t pre1$dice to the provisions of the
@ort"a"e Law and the Land 0e"istration Law
with respect to third persons. (1.1:)
Art. 1/:8. The vendee is s$bro"ated to the
vendor>s ri"hts and actions. (1.11)
Art. 1/1:. The creditors of the vendor cannot
#ake $se of the ri"ht of rede#ption a"ainst
the vendee) $ntil after the! have e,ha$sted
the propert! of the vendor. (1.12)
Art. 1/11. +n a sale with a ri"ht to
rep$rchase) the vendee of a part of an
$ndivided i##ovable who ac3$ires the
whole thereof in the case of article -86) #a!
co#pel the vendor to redee# the whole
propert!) if the latter wishes to #ake $se of
the ri"ht of rede#ption. (1.1*)
Art. 1/12. +f several persons) 1ointl! and in
the sa#e contract) sho$ld sell an $ndivided
i##ovable with a ri"ht of rep$rchase) none
of the# #a! e,ercise this ri"ht for #ore than
his respective share.
The sa#e r$le shall appl! if the person who
sold an i##ovable alone has left several
heirs) in which case each of the latter #a!
onl! redee# the part which he #a! have
ac3$ired. (1.1-)
Art. 1/1*. +n the case of the precedin"
article) the vendee #a! de#and of all the
vendors or co4heirs that the! co#e to an
a"ree#ent $pon the p$rchase of the whole
thin" sold; and sho$ld the! 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 co4owners of an
$ndivided i##ovable who #a! have sold his
share separatel!) #a! independentl!
e,ercise the ri"ht of rep$rchase as re"ards
his own share) and the vendee cannot
co#pel hi# to redee# the whole propert!.
(1.1/)
Art. 1/1.. +f the vendee sho$ld leave several
heirs) the action for rede#ption cannot be
bro$"ht a"ainst each of the# e,cept for his
own share) whether the thin" be $ndivided)
or it has been partitioned a#on" the#.
F$t if the inheritance has been divided) and
the thin" sold has been awarded to one of
the heirs) the action for rede#ption #a! be
instit$ted a"ainst hi# for the whole. (1.12)
Art. 1/1/. The vendor cannot avail hi#self of
the ri"ht of rep$rchase witho$t ret$rnin" to
the vendee the price of the sale) and in
addition?
(1) The e,penses of the contract) and an!
other le"iti#ate pa!#ents #ade b! reason
of the sale;
(2) The necessar! and $sef$l e,penses #ade
on the thin" sold. (1.16)
Art. 1/12. +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#nit! was paid b! the p$rchaser when
the sale was e,ec$ted.
Cho$ld there have been no fr$its at the ti#e
of the sale and so#e e,ist at the ti#e of
rede#ption) the! 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 !ear) co$nted
fro# the anniversar! of the date of the sale.
(1.18a)
Art. 1/16. The vendor who recovers the thin"
sold shall receive it free fro# all char"es or
#ort"a"es constit$ted b! the vendee) b$t he
shall respect the leases which the latter #a!
have e,ec$ted in "ood faith) and in
accordance with the c$sto# of the place
where the land is sit$ated. (1.2:)
C=CT+%9 2. 4 Le"al 0ede#ption

Art. 1/18. Le"al rede#ption is the ri"ht to be
s$bro"ated) $pon the sa#e ter#s and
conditions stip$lated in the contract) in the
place of one who ac3$ires a thin" b!
p$rchase or dation in pa!#ent) or b! an!
other transaction whereb! ownership is
trans#itted b! onero$s title. (1.21a)
Art. 1/2:. A co4owner of a thin" #a!
e,ercise the ri"ht of rede#ption in case the
shares of all the other co4owners or of an! of
the#) are sold to a third person. +f the price
of the alienation is "rossl! e,cessive) the
rede#ptioner shall pa! onl! a reasonable
one.
Cho$ld two or #ore co4owners desire to
e,ercise the ri"ht of rede#ption) the! #a!
onl! do so in proportion to the share the!
#a! respectivel! have in the thin" owned in
co##on. (1.22a)
Art. 1/21. The owners of ad1oinin" lands
shall also have the ri"ht of rede#ption when
a piece of r$ral land) the area of which does
not e,ceed one hectare) is alienated) $nless
the "rantee does not own an! r$ral land.
This ri"ht is not applicable to ad1acent lands
which are separated b! brooks) drains)
ravines) roads and other apparent servit$des
for the benet of other estates.
+f two or #ore ad1oinin" owners desire to
e,ercise the ri"ht of rede#ption at the sa#e
ti#e) the owner of the ad1oinin" land of
s#aller area shall be preferred; and sho$ld
both lands have the sa#e area) the one who
rst re3$ested the rede#ption. (1.2*a)
Art. 1/22. 5henever a piece of $rban land
which is so s#all and so sit$ated that a
#a1or portion thereof cannot be $sed for an!
practical p$rpose within a reasonable ti#e)
havin" been bo$"ht #erel! for spec$lation)
is abo$t to be re4sold) the owner of an!
ad1oinin" land has a ri"ht of pre4e#ption at a
reasonable price.
+f the re4sale has been perfected) the owner
of the ad1oinin" land shall have a ri"ht of
rede#ption) also at a reasonable price.
5hen two or #ore owners of ad1oinin" lands
wish to e,ercise the ri"ht of pre4e#ption or
rede#ption) the owner whose intended $se
of the land in 3$estion appears best 1$stied
shall be preferred. (n)
Art. 1/2*. The ri"ht of le"al pre4e#ption or
rede#ption shall not be e,ercised e,cept
within thirt! da!s fro# the notice in writin"
b! the prospective vendor) or b! the vendor)
as the case #a! be. The deed of sale shall
not be recorded in the 0e"istr! of Propert!)
$nless acco#panied b! an a&davit of the
vendor that he has "iven written notice
thereof to all possible rede#ptioners.
The ri"ht of rede#ption of co4owners
e,cl$des that of ad1oinin" owners. (1.2-a)

C<APT=0 6
ACC+'9@=9T %D C0=H+TC A9H %T<=0
+9C%0P%0=AL 0+'<TC

Art. 1/2-. An assi"n#ent of creditors and
other incorporeal ri"hts shall be perfected in
accordance with the provisions of Article
1-2.. (n)
Art. 1/2.. An assi"n#ent of a credit) ri"ht or
action shall prod$ce no efect as a"ainst
third person) $nless it appears in a p$blic
instr$#ent) or the instr$#ent is recorded in
the 0e"istr! of Propert! in case the
assi"n#ent involves real propert!. (1.2/)
Art. 1/2/. The debtor who) before havin"
knowled"e of the assi"n#ent) pa!s his
creditor shall be released fro# the obli"ation.
(1.22)
Art. 1/22. The assi"n#ent of a credit
incl$des all the accessor! ri"hts) s$ch as a
"$arant!) #ort"a"e) pled"e or preference.
(1.26)
Art. 1/26. The vendor in "ood faith shall be
responsible for the e,istence and le"alit! of
the credit at the ti#e of the sale) $nless it
sho$ld have been sold as do$btf$l; b$t not
for the solvenc! of the debtor) $nless it has
been so e,pressl! stip$lated or $nless the
insolvenc! was prior to the sale and of
co##on knowled"e.
=ven in these cases he shall onl! be liable for
the price received and for the e,penses
specied in 9o. 1 of Article 1/1/.
The vendor in bad faith shall alwa!s be
answerable for the pa!#ent of all e,penses)
and for da#a"es. (1.28)
Art. 1/28. +n case the assi"nor in "ood faith
sho$ld have #ade hi#self responsible for
the solvenc! of the debtor) and the
contractin" parties sho$ld not have a"reed
$pon the d$ration of the liabilit!) it shall last
for one !ear onl!) fro# the ti#e of the
assi"n#ent if the period had alread! e,pired.
+f the credit sho$ld be pa!able within a ter#
or period which has not !et e,pired) the
liabilit! shall cease one !ear after the
#at$rit!. (1.*:a)
Art. 1/*:. %ne who sells an inheritance
witho$t en$#eratin" the thin"s of which it is
co#posed) shall onl! 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 ri"hts) rents) or prod$cts)
shall co#pl! b! answerin" for the le"iti#ac!
of the whole in "eneral; b$t he shall not be
obli"ed to warrant each of the vario$s parts
of which it #a! be co#posed) e,cept in the
case of eviction fro# the whole or the part of
"reater val$e. (1.*2a)
Art. 1/*2. Cho$ld the vendor have proted
b! so#e of the fr$its or received an!thin"
fro# the inheritance sold) he shall pa! the
vendee thereof) if the contrar! has not been
stip$lated. (1.**)
Art. 1/**. The vendee shall) on his part)
rei#b$rse the vendor for all that the latter
#a! have paid for the debts of and char"es
on the estate and satisf! the credits he #a!
have a"ainst the sa#e) $nless there is an
a"ree#ent to the contrar!. (1.*-)
Art. 1/*-. 5hen a credit or other incorporeal
ri"ht in liti"ation is sold) the debtor shall
have a ri"ht to e,tin"$ish it b! rei#b$rsin"
the assi"nee for the price the latter paid
therefor) the 1$dicial costs inc$rred b! hi#)
and the interest on the price fro# the da! on
which the sa#e was paid.
A credit or other incorporeal ri"ht shall be
considered in liti"ation fro# the ti#e the
co#plaint concernin" the sa#e is answered.
The debtor #a! e,ercise his ri"ht within
thirt! da!s fro# the date the assi"nee
de#ands pa!#ent fro# hi#. (1.*.)
Art. 1/*.. Dro# the provisions of the
precedin" article shall be e,cepted the
assi"n#ents or sales #ade?
(1) To a co4heir or co4owner of the ri"ht
assi"ned;
(2) To a creditor in pa!#ent of his credit;
(*) To the possessor of a tene#ent or piece
of land which is s$b1ect to the ri"ht in
liti"ation assi"ned. (1.*/)
C<APT=0 8
'=9=0AL P0%A+C+%9C

Art. 1/*/. +n the precedin" articles in this
Title "overnin" the sale of "oods) $nless the
conte,t or s$b1ect #atter otherwise re3$ires?
(1) "Hoc$#ent of title to "oods" incl$des an!
bill of ladin") dock warrant) "3$edan)" or
wareho$se receipt or order for the deliver! of
"oods) or an! other doc$#ent $sed in the
ordinar! co$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$#ent to transfer or receive) either b!
endorse#ent or b! deliver!) "oods
represented b! s$ch doc$#ent.
"'oods" incl$des all chattels personal b$t
not thin"s in action or #one! of le"al tender
in the Philippines. The ter# incl$des "rowin"
fr$its or crops.
"%rder" relatin" to doc$#ents of title #eans
an order b! endorse#ent on the doc$#ents.
"I$alit! of "oods" incl$des their state or
condition.
"Cpecic "oods" #eans "oods identied and
a"reed $pon at the ti#e a contract of sale is
#ade.
An antecedent or pre4e,istin" clai#) whether
for #one! or not) constit$tes "val$e" where
"oods or doc$#ents of title are taken either
in satisfaction thereof or as sec$rit! therefor.
(2) A person is insolvent within the #eanin"
of this Title who either has ceased to pa! his
debts in the ordinar! co$rse of b$siness or
cannot pa! his debts as the! beco#e d$e)
whether insolvenc! proceedin"s have been
co##enced or not.
(*) 'oods are in a "deliverable state" within
the #eanin" of this Title when the! are in
s$ch a state that the b$!er wo$ld) $nder the
contract) be bo$nd to take deliver! of the#.
(n)
Art. 1/*2. The provisions of this Title are
s$b1ect to the r$les laid down b! the
@ort"a"e Law and the Land 0e"istration Law
with re"ard to i##ovable propert!. (1.*2a)

Title A++. 4 FA0T=0 %0 =KC<A9'=

Art. 1/*6. F! the contract of barter or
e,chan"e one of the parties binds hi#self to
"ive one thin" in consideration of the other>s
pro#ise to "ive another thin". (1.*6a)
Art. 1/*8. +f one of the contractin" parties)
havin" received the thin" pro#ised hi# in
barter) sho$ld prove that it did not belon" to
the person who "ave it) he cannot be
co#pelled to deliver that which he ofered in
e,chan"e) b$t he shall be entitled to
da#a"es. (1.*8a)
Art. 1/-:. %ne who loses b! eviction the
thin" received in barter #a! recover that
which he "ave in e,chan"e with a ri"ht to
da#a"es) or he #a! onl! de#and an
inde#nit! for da#a"es. <owever) he can
onl! #ake $se of the ri"ht to recover the
thin" which he has delivered while the sa#e
re#ains in the possession of the other part!)
and witho$t pre1$dice to the ri"hts ac3$ired
in "ood faith in the #eanti#e b! a third
person. (1.-:a)
Art. 1/-1. As to all #atters not specicall!
provided for in this Title) barter shall be
"overned b! the provisions of the precedin"
Title relatin" to sales. (1.-1a)

Title A+++. 4 L=AC=

C<APT=0 1
'=9=0AL P0%A+C+%9C

Art. 1/-2. The contract of lease #a! be of
thin"s) or of work and service. (1.-2)
Art. 1/-*. +n the lease of thin"s) one of the
parties binds hi#self to "ive to another the
en1o!#ent or $se of a thin" for a price
certain) and for a period which #a! be
denite or indenite. <owever) no lease for
#ore than ninet!4nine !ears shall be valid.
(1.-*a)
Art. 1/--. +n the lease of work or service)
one of the parties binds hi#self to e,ec$te a
piece of work or to render to the other so#e
service for a price certain) b$t the relation of
principal and a"ent does not e,ist between
the#. (1.--a)
Art. 1/-.. Cons$#able "oods cannot be the
s$b1ect #atter of a contract of lease) e,cept
when the! are #erel! to be e,hibited or
when the! are accessor! to an ind$strial
establish#ent. (1.-.a)

C<APT=0 2
L=AC= %D 0B0AL A9H B0FA9 LA9HC

C=CT+%9 1. 4 'eneral Provisions

Art. 1/-/. The persons dis3$alied to b$!
referred to in Articles 1-8: and 1-81) are
also dis3$alied to beco#e lessees of the
thin"s #entioned therein. (n)
Art. 1/-2. +f a lease is to be recorded in the
0e"istr! of Propert!) the followin" persons
cannot constit$te the sa#e witho$t proper
a$thorit!? the h$sband with respect to the
wife>s paraphernal real estate) the father or
"$ardian as to the propert! of the #inor or
ward) and the #ana"er witho$t special
power. (1.-6a)
Art. 1/-6. =ver! lease of real estate #a! be
recorded in the 0e"istr! of Propert!. Bnless a
lease is recorded) it shall not be bindin" $pon
third persons. (1.-8a)
Art. 1/-8. The lessee cannot assi"n the lease
witho$t the consent of the lessor) $nless
there is a stip$lation to the contrar!. (n)
Art. 1/.:. 5hen in the contract of lease of
thin"s there is no e,press prohibition) the
lessee #a! s$blet the thin" leased) in whole
or in part) witho$t pre1$dice to his
responsibilit! for the perfor#ance of the
contract toward the lessor. (1..:)
Art. 1/.1. 5itho$t pre1$dice to his obli"ation
toward the s$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$blessee is s$bsidiaril! liable
to the lessor for an! rent d$e fro# the
lessee. <owever) the s$blessee shall not be
responsible be!ond the a#o$nt of rent d$e
fro# hi#) in accordance with the ter#s of
the s$blease) at the ti#e of the e,tra1$dicial
de#and b! the lessor.
Pa!#ents of rent in advance b! the
s$blessee shall be dee#ed not to have been
#ade) so far as the lessor>s clai# is
concerned) $nless said pa!#ents were
efected in virt$e of the c$sto# of the place.
(1..2a)
Art. 1/.*. The provisions "overnin"
warrant!) contained in the Title on Cales)
shall be applicable to the contract of lease.
+n the cases where the ret$rn of the price is
re3$ired) red$ction shall be #ade in
proportion to the ti#e d$rin" which the
lessee en1o!ed the thin". (1..*)
C=CT+%9 2. 4 0i"hts and %bli"ations of the
Lessor and the Lessee
Art. 1/.-. The lessor is obli"ed?
(1) To deliver the thin" which is the ob1ect of
the contract in s$ch a condition as to render
it t for the $se intended;
(2) To #ake on the sa#e d$rin" the lease all
the necessar! 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
contrar!;
(*) To #aintain the lessee in the peacef$l
and ade3$ate en1o!#ent of the lease for the
entire d$ration of the contract. (1..-a)
Art. 1/... +f the thin" leased is totall!
destro!ed b! a fort$ito$s event) the lease is
e,tin"$ished. +f the destr$ction is partial) the
lessee #a! choose between a proportional
red$ction of the rent and a rescission of the
lease. (n)
Art. 1/./. The lessor of a b$siness or
ind$strial establish#ent #a! contin$e
en"a"in" in the sa#e b$siness or ind$str! to
which the lessee devotes the thin" leased)
$nless there is a stip$lation to the contrar!.
(n)
Art. 1/.2. The lessee is obli"ed?
(1) To pa! the price of the lease accordin" to
the ter#s stip$lated;
(2) To $se the thin" leased as a dili"ent
father of a fa#il!) devotin" it to the $se
stip$lated; and in the absence of stip$lation)
to that which #a! be inferred fro# the
nat$re of the thin" leased) accordin" to the
c$sto# of the place;
(*) To pa! e,penses for the deed of lease.
(1...)
Art. 1/.6. The lessee #a! s$spend the
pa!#ent of the rent in case the lessor fails to
#ake the necessar! repairs or to #aintain
the lessee in peacef$l and ade3$ate
en1o!#ent of the propert! leased. (n)
Art. 1/.8. +f the lessor or the lessee sho$ld
not co#pl! with the obli"ations set forth in
Articles 1/.- and 1/.2) the a""rieved part!
#a! ask for the rescission of the contract
and inde#nication for da#a"es) or onl! the
latter) allowin" the contract to re#ain in
force. (1../)
Art. 1//:. +f a dwellin" place or an! other
b$ildin" intended for h$#an habitation is in
s$ch a condition that its $se brin"s i##inent
and serio$s dan"er to life or health) the
lessee #a! ter#inate the lease at once b!
notif!in" the lessor) even if at the ti#e the
contract was perfected the for#er knew of
the dan"ero$s condition or waived the ri"ht
to rescind the lease on acco$nt of this
condition. (n)
Art. 1//1. The lessor cannot alter the for# of
the thin" leased in s$ch a wa! as to i#pair
the $se to which the thin" is devoted $nder
the ter#s of the lease. (1..2a)
Art. 1//2. +f d$rin" the lease it sho$ld
beco#e necessar! to #ake so#e $r"ent
repairs $pon the thin" leased) which cannot
be deferred $ntil the ter#ination of the
lease) the lessee is obli"ed to tolerate the
work) altho$"h it #a! be ver! anno!in" to
hi#) and altho$"h d$rin" the sa#e) he #a!
be deprived of a part of the pre#ises.
+f the repairs last #ore than fort! da!s the
rent shall be red$ced in proportion to the
ti#e 4 incl$din" the rst fort! da!s 4 and the
part of the propert! of which the lessee has
been deprived.
5hen the work is of s$ch a nat$re that the
portion which the lessee and his fa#il! need
for their dwellin" beco#es $ninhabitable) he
#a! rescind the contract if the #ain p$rpose
of the lease is to provide a dwellin" place for
the lessee. (1..6a)
Art. 1//*. The lessee is obli"ed to brin" to
the knowled"e of the proprietor) within the
shortest possible ti#e) ever! $s$rpation or
$ntoward act which an! third person #a!
have co##itted or #a! be openl! preparin"
to carr! o$t $pon the thin" leased.
<e is also obli"ed to advise the owner) with
the sa#e $r"enc!) of the need of all repairs
incl$ded in 9o. 2 of Article 1/.-.
+n both cases the lessee shall be liable for
the da#a"es which) thro$"h his ne"li"ence)
#a! be s$fered b! the proprietor.
+f the lessor fails to #ake $r"ent repairs) the
lessee) in order to avoid an i##inent
dan"er) #a! order the repairs at the lessor>s
cost. (1..8a)
Art. 1//-. The lessor is not obli"ed to answer
for a #ere act of trespass which a third
person #a! ca$se on the $se of the thin"
leased; b$t the lessee shall have a direct
action a"ainst the intr$der.
There is a #ere act of trespass when the
third person clai#s no ri"ht whatever.
(1./:a)
Art. 1//.. The lessee shall ret$rn the thin"
leased) $pon the ter#ination of the lease) as
he received it) save what has been lost or
i#paired b! the lapse of ti#e) or b! ordinar!
wear and tear) or fro# an inevitable ca$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
contrar!. (1./2)
Art. 1//2. 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 appl! when the destr$ction is d$e
to earth3$ake) Eood) stor# or other nat$ral
cala#it!. (1./*a)
Art. 1//6. The lessee is liable for an!
deterioration ca$sed b! #e#bers of his
ho$sehold and b! "$ests and visitors.
(1./-a)
Art. 1//8. +f the lease was #ade for a
deter#inate ti#e) it ceases $pon the da!
,ed) witho$t the need of a de#and. (1./.)
Art. 1/2:. +f at the end of the contract the
lessee sho$ld contin$e en1o!in" the thin"
leased for fteen da!s with the ac3$iescence
of the lessor) and $nless a notice to the
contrar! b! either part! has previo$sl! been
"iven) it is $nderstood that there is an
i#plied new lease) not for the period of the
ori"inal contract) b$t for the ti#e established
in Articles 1/62 and 1/62. The other ter#s of
the ori"inal contract shall be revived.
(1.//a)
Art. 1/21. +f the lessee contin$es en1o!in"
the thin" after the e,piration of the contract)
over the lessor>s ob1ection) the for#er shall
be s$b1ect to the responsibilities of a
possessor in bad faith. (n)
Art. 1/22. +n case of an i#plied new lease)
the obli"ations contracted b! a third person
for the sec$rit! of the principal contract shall
cease with respect to the new lease. (1./2)
Art. 1/2*. The lessor #a! 1$diciall! e1ect the
lessee for an! of the followin" ca$ses?
(1) 5hen the period a"reed $pon) or that
which is ,ed for the d$ration of leases
$nder Articles 1/62 and 1/62) has e,pired;
(2) Lack of pa!#ent of the price stip$lated;
(*) Aiolation of an! of the conditions a"reed
$pon in the contract;
(-) 5hen the lessee devotes the thin" leased
to an! $se or service not stip$lated which
ca$ses the deterioration thereof; or if he
does not observe the re3$ire#ent in 9o. 2 of
Article 1/.2) as re"ards the $se thereof.
The e1ect#ent of tenants of a"ric$lt$ral
lands is "overned b! special laws. (1./8a)
Art. 1/2-. +n e1ect#ent cases where an
appeal is taken the re#ed! "ranted in Article
.*8) second para"raph) shall also appl!) if
the hi"her co$rt is satised that the lessee>s
appeal is frivolo$s or dilator!) or that the
lessor>s appeal is pri#a facie #eritorio$s.
The period of ten da!s referred to in said
article shall be co$nted fro# the ti#e the
appeal is perfected. (n)
Art. 1/2.. =,cept in cases stated in Article
1/2*) the lessee shall have a ri"ht to #ake
$se of the periods established in Articles
1/62 and 1/62. (1.2:)
Art. 1/2/. The p$rchaser of a piece of land
which is $nder a lease that is not recorded in
the 0e"istr! of Propert! #a! ter#inate the
lease) save when there is a stip$lation to the
contrar! in the contract of sale) or when the
p$rchaser knows of the e,istence of the
lease.
+f the b$!er #akes $se of this ri"ht) the
lessee #a! de#and that he be allowed to
"ather the fr$its of the harvest which
corresponds to the c$rrent a"ric$lt$ral !ear
and that the vendor inde#nif! hi# for
da#a"es s$fered.
+f the sale is ctitio$s) for the p$rpose of
e,tin"$ishin" the lease) the s$pposed
vendee cannot #ake $se of the ri"ht "ranted
in the rst para"raph of this article. The sale
is pres$#ed to be ctitio$s if at the ti#e the
s$pposed vendee de#ands the ter#ination
of the lease) the sale is not recorded in the
0e"istr! of Propert!. (1.21a)
Art. 1/22. The p$rchaser in a sale with the
ri"ht of rede#ption cannot #ake $se of the
power to e1ect the lessee $ntil the end of the
period for the rede#ption. (1.22)
Art. 1/26. +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
propert! leased) the lessor $pon the
ter#ination of the lease shall pa! the lessee
one4half of the val$e of the i#prove#ents at
that ti#e. Cho$ld the lessor ref$se to
rei#b$rse said a#o$nt) the lessee #a!
re#ove the i#prove#ents) even tho$"h the
principal thin" #a! s$fer da#a"e thereb!.
<e shall not) however) ca$se an! #ore
i#pair#ent $pon the propert! leased than is
necessar!.
5ith re"ard to orna#ental e,penses) the
lessee shall not be entitled to an!
rei#b$rse#ent) b$t he #a! re#ove the
orna#ental ob1ects) provided no da#a"e is
ca$sed to the principal thin") and the lessor
does not choose to retain the# b! pa!in"
their val$e at the ti#e the lease is
e,tin"$ished. (n)
Art. 1/28. +f nothin" has been stip$lated
concernin" the place and the ti#e for the
pa!#ent of the lease) the provisions or
Article 12.1 shall be observed as re"ards the
place; and with respect to the ti#e) the
c$sto# of the place shall be followed. (1.2-)

C=CT+%9 *. 4 Cpecial Provisions for Leases of
0$ral Lands

Art. 1/6:. The lessee shall have no ri"ht to a
red$ction of the rent on acco$nt of the
sterilit! of the land leased) or b! reason of
the loss of fr$its d$e to ordinar! fort$ito$s
events; b$t he shall have s$ch ri"ht in case
of the loss of #ore than one4half of the fr$its
thro$"h e,traordinar! and $nforeseen
fort$ito$s events) save alwa!s when there is
a specic stip$lation to the contrar!.
=,traordinar! fort$ito$s events are
$nderstood to be? re) war) pestilence)
$n$s$al Eood) loc$sts) earth3$ake) or others
which are $nco##on) and which the
contractin" parties co$ld not have
reasonabl! foreseen. (1.2.)
Art. 1/61. 9either does the lessee have an!
ri"ht to a red$ction of the rent if the fr$its
are lost after the! have been separated fro#
their stalk) root or tr$nk. (1.2/)
Art. 1/62. The lease of a piece of r$ral land)
when its d$ration has not been ,ed) is
$nderstood to have been for all the ti#e
necessar! for the "atherin" of the fr$its
which the whole estate leased #a! !ield in
one !ear) or which it #a! !ield once)
altho$"h two or #ore !ears have to elapse
for the p$rpose. (1.22a)
Art. 1/6*. The o$t"oin" lessee shall allow
the inco#in" lessee or the lessor the $se of
the pre#ises and other #eans necessar! for
the preparator! labor for the followin" !ear;
and) reciprocall!) the inco#in" lessee or the
lessor is $nder obli"ation to per#it the
o$t"oin" lessee to do whatever #a! be
necessar! for the "atherin" or harvestin"
and $tili(ation of the fr$its) all in accordance
with the c$sto# of the place. (1.26a)
Art. 1/6-. Land tenanc! on shares shall be
"overned b! special laws) the stip$lations of
the parties) the provisions on partnership
and b! the c$sto#s of the place. (1.28a)
Art. 1/6.. The tenant on shares cannot be
e1ected e,cept in cases specied b! law. (n)
C=CT+%9 -. 4 Cpecial Provisions of the Lease
of Brban Lands
Art. 1/6/. +n defa$lt of a special stip$lation)
the c$sto# of the place shall be observed
with re"ard to the kind of repairs on $rban
propert! for which the lessor shall be liable.
+n case of do$bt it is $nderstood that the
repairs are char"eable a"ainst hi#. (1.6:a)
Art. 1/62. +f the period for the lease has not
been ,ed) it is $nderstood to be fro# !ear
to !ear) if the rent a"reed $pon is ann$al;
fro# #onth to #onth) if it is #onthl!; fro#
week to week) if the rent is weekl!; and fro#
da! to da!) if the rent is to be paid dail!.
<owever) even tho$"h a #onthl! rent is
paid) and no period for the lease has been
set) the co$rts #a! , a lon"er ter# for the
lease after the lessee has occ$pied the
pre#ises for over one !ear. +f the rent is
weekl!) the co$rts #a! likewise deter#ine a
lon"er period after the lessee has been in
possession for over si, #onths. +n case of
dail! rent) the co$rts #a! also , a lon"er
period after the lessee has sta!ed in the
place for over one #onth. (1.61a)
Art. 1/66. 5hen the lessor of a ho$se) or
part thereof) $sed as a dwellin" for a fa#il!)
or when the lessor of a store) or ind$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.
(1.62)

C<APT=0 *
5%0L A9H LAF%0

C=CT+%9 1. 4 <o$sehold Cervice (n)

Art. 1/68. <o$sehold service shall alwa!s be
reasonabl! co#pensated. An! stip$lation
that ho$sehold service is witho$t
co#pensation shall be void. C$ch
co#pensation shall be in addition to the
ho$se helper>s lod"in") food) and #edical
attendance.
Art. 1/8:. The head of the fa#il! shall
f$rnish) free of char"e) to the ho$se helper)
s$itable and sanitar! 3$arters as well as
ade3$ate food and #edical attendance.
Art. 1/81. +f the ho$se helper is $nder the
a"e of ei"hteen !ears) the head of the fa#il!
shall "ive an opport$nit! to the ho$se helper
for at least ele#entar! ed$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 contrar!.
Art. 1/82. 9o contract for ho$sehold service
shall last for #ore than two !ears. <owever)
s$ch contract #a! be renewed fro# !ear to
!ear.
Art. 1/8*. The ho$se helper>s clothes shall
be s$b1ect to stip$lation. <owever) an!
contract for ho$sehold service shall be void if
thereb! the ho$se helper cannot aford to
ac3$ire s$itable clothin".
Art. 1/8-. The head of the fa#il! shall treat
the ho$se helper in a 1$st and h$#ane
#anner. +n no case shall ph!sical violence be
$sed $pon the ho$se helper.
Art. 1/8.. <o$se helper shall not be re3$ired
to work #ore than ten ho$rs a da!. =ver!
ho$se helper shall be allowed fo$r da!s>
vacation each #onth) with pa!.
Art. 1/8/. +n case of death of the ho$se
helper) the head of the fa#il! shall bear the
f$neral e,penses if the ho$se helper has no
relatives in the place where the head of the
fa#il! lives) with s$&cient #eans therefor.
Art. 1/82. +f the period for ho$sehold service
is ,ed neither the head of the fa#il! nor the
ho$se helper #a! ter#inate the contract
before the e,piration of the ter#) e,cept for
a 1$st ca$se. +f the ho$se helper is $n1$stl!
dis#issed) he shall be paid the co#pensation
alread! earned pl$s that for fteen da!s b!
wa! of inde#nit!. +f the ho$se helper leaves
witho$t 1$stiable reason) he shall forfeit an!
salar! d$e hi# and $npaid) for not e,ceedin"
fteen da!s.
Art. 1/86. +f the d$ration of the ho$sehold
service is not deter#ined either b!
stip$lation or b! the nat$re of the service)
the head of the fa#il! or the ho$se helper
#a! "ive notice to p$t an end to the service
relation) accordin" to the followin" r$les?
(1) +f the co#pensation is paid b! the da!)
notice #a! be "iven on an! da! that the
service shall end at the close of the followin"
da!;
(2) +f the co#pensation is paid b! the week)
notice #a! be "iven) at the latest on the rst
b$siness da! of the week) that the service
shall be ter#inated at the end of the seventh
da! fro# the be"innin" of the week;
(*) +f the co#pensation is paid b! the #onth)
notice #a! be "iven) at the latest) on the
fth da! of the #onth) that the service shall
cease at the end of the #onth.
Art. 1/88. Bpon the e,tin"$ish#ent of the
service relation) the ho$se helper #a!
de#and fro# the head of the fa#il! a
written state#ent on the nat$re and d$ration
of the service and the e&cienc! and cond$ct
of the ho$se helper.

C=CT+%9 2. 4 Contract of Labor (n)

Art. 12::. The relations between capital and
labor are not #erel! contract$al. The! are so
i#pressed with p$blic interest that labor
contracts #$st !ield to the co##on "ood.
Therefore) s$ch contracts are s$b1ect to the
special laws on labor $nions) collective
bar"ainin") strikes and locko$ts) closed shop)
wa"es) workin" conditions) ho$rs of labor
and si#ilar s$b1ects.
Art. 12:1. 9either capital nor labor shall act
oppressivel! a"ainst the other) or i#pair the
interest or convenience of the p$blic.
Art. 12:2. +n case of do$bt) all labor
le"islation and all labor contracts shall be
constr$ed in favor of the safet! and decent
livin" for the laborer.
Art. 12:*. 9o contract which practicall!
a#o$nts to invol$ntar! servit$de) $nder an!
"$ise whatsoever) shall be valid.
Art. 12:-. +n collective bar"ainin") the labor
$nion or #e#bers of the board or co##ittee
si"nin" the contract shall be liable for non4
f$lll#ent thereof.
Art. 12:.. The laborer>s wa"es shall be paid
in le"al c$rrenc!.
Art. 12:/. 5ithholdin" of the wa"es) e,cept
for a debt d$e) shall not be #ade b! the
e#plo!er.
Art. 12:2. The laborer>s wa"es shall be a lien
on the "oods #an$fact$red or the work
done.
Art. 12:6. The laborer>s wa"es shall not be
s$b1ect to e,ec$tion or attach#ent) e,cept
for debts inc$rred for food) shelter) clothin"
and #edical attendance.
Art. 12:8. The e#plo!er shall neither sei(e
nor retain an! tool or other articles belon"in"
to the laborer.
Art. 121:. His#issal of laborers shall be
s$b1ect to the s$pervision of the
'overn#ent) $nder special laws.
Art. 1211. %wners of enterprises and other
e#plo!ers are obli"ed to pa! co#pensation
for the death of or in1$ries to their laborers)
work#en) #echanics or other e#plo!ees)
even tho$"h the event #a! have been
p$rel! accidental or entirel! d$e to a
fort$ito$s ca$se) if the death or personal
in1$r! arose o$t of and in the co$rse of the
e#plo!#ent. The e#plo!er is also liable for
co#pensation if the e#plo!ee contracts an!
illness or disease ca$sed b! s$ch
e#plo!#ent or as the res$lt of the nat$re of
the e#plo!#ent. +f the #ishap was d$e to
the e#plo!ee>s own notorio$s ne"li"ence) or
vol$ntar! act) or dr$nkenness) the e#plo!er
shall not be liable for co#pensation. 5hen
the e#plo!ee>s lack of d$e care contrib$ted
to his death or in1$r!) the co#pensation shall
be e3$itabl! red$ced.
Art. 1212. +f the death or in1$r! is d$e to the
ne"li"ence of a fellow worker) the latter and
the e#plo!er shall be solidaril! liable for
co#pensation. +f a fellow worker>s intentional
#alicio$s act is the onl! ca$se of the death
or in1$r!) the e#plo!er shall not be
answerable) $nless it sho$ld be shown that
the latter did not e,ercise d$e dili"ence in
the selection or s$pervision of the plaintif>s
fellow worker.

C=CT+%9 *. 4 Contract for a Piece of 5ork

Art. 121*. F! the contract for a piece of work
the contractor binds hi#self to e,ec$te a
piece of work for the e#plo!er) in
consideration of a certain price or
co#pensation. The contractor #a! either
e#plo! onl! his labor or skill) or also f$rnish
the #aterial. (1.66a)
Art. 121-. +f the contractor a"rees to prod$ce
the work fro# #aterial f$rnished b! hi#) he
shall deliver the thin" prod$ced to the
e#plo!er and transfer do#inion over the
thin". This contract shall be "overned b! the
followin" articles as well as b! the pertinent
provisions on warrant! of title and a"ainst
hidden defects and the pa!#ent of price in a
contract of sale. (n)
Art. 121.. The contract shall e,ec$te the
work in s$ch a #anner that it has the
3$alities a"reed $pon and has no defects
which destro! or lessen its val$e or tness
for its ordinar! or stip$lated $se. Cho$ld the
work be not of s$ch 3$alit!) the e#plo!er
#a! re3$ire that the contractor re#ove the
defect or e,ec$te another work. +f the
contract fails or ref$ses to co#pl! with this
obli"ation) the e#plo!er #a! have the
defect re#oved or another work e,ec$ted) at
the contractor>s cost. (n)
Art. 121/. An a"ree#ent waivin" or li#itin"
the contractor>s liabilit! for an! defect in the
work is void if the contractor acted
fra$d$lentl!. (n)
Art. 1212. +f the contractor bo$nd hi#self to
f$rnish the #aterial) he shall s$fer the loss if
the work sho$ld be destro!ed before its
deliver!) save when there has been dela! in
receivin" it. (1.68)
Art. 1216. The contractor who has
$ndertaken to p$t onl! his work or skill)
cannot clai# an! co#pensation if the work
sho$ld be destro!ed before its deliver!)
$nless there has been dela! in receivin" it) or
if the destr$ction was ca$sed b! the poor
3$alit! 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. (1.8:a)
Art. 1218. Acceptance of the work b! the
e#plo!er relieves the contractor of liabilit!
for an! defect in the work) $nless?
(1) The defect is hidden and the e#plo!er is
not) b! his special knowled"e) e,pected to
reco"ni(e the sa#e; or
(2) The e#plo!er e,pressl! reserves his
ri"hts a"ainst the contractor b! reason of the
defect. (n)
Art. 122:. The price or co#pensation shall
be paid at the ti#e and place of deliver! of
the work) $nless there is a stip$lation to the
contrar!. +f the work is to be delivered
partiall!) the price or co#pensation for each
part havin" been ,ed) the s$# shall be paid
at the ti#e and place of deliver!) in the
absence if stip$lation. (n)
Art. 1221. +f) in the e,ec$tion of the work) an
act of the e#plo!er is re3$ired) and he inc$rs
in dela! or fails to perfor# the act) the
contractor is entitled to a reasonable
co#pensation.
The a#o$nt of the co#pensation is
co#p$ted) on the one hand) b! the d$ration
of the dela! and the a#o$nt of the
co#pensation stip$lated) and on the other
hand) b! what the contractor has saved in
e,penses b! reason of the dela! or is able to
earn b! a diferent e#plo!#ent of his ti#e
and ind$str!. (n)
Art. 1222. +f the work cannot be co#pleted
on acco$nt of a defect in the #aterial
f$rnished b! the e#plo!er) or beca$se of
orders fro# the e#plo!er) witho$t an! fa$lt
on the part of the contractor) the latter has a
ri"ht to an e3$itable part of the
co#pensation proportionall! to the work
done) and rei#b$rse#ent for proper
e,penses #ade. (n)
Art. 122*. The en"ineer or architect who
drew $p the plans and specications for a
b$ildin" is liable for da#a"es if within fteen
!ears fro# the co#pletion of the str$ct$re)
the sa#e sho$ld collapse b! reason of a
defect in those plans and specications) or
d$e to the defects in the "ro$nd. The
contractor is likewise responsible for the
da#a"es if the edice falls) within the sa#e
period) on acco$nt of defects in the
constr$ction or the $se of #aterials of
inferior 3$alit! f$rnished b! hi#) or d$e to
an! violation of the ter#s of the contract. +f
the en"ineer or architect s$pervises the
constr$ction) he shall be solidaril! liable with
the contractor.
Acceptance of the b$ildin") after co#pletion)
does not i#pl! waiver of an! of the ca$se of
action b! reason of an! defect #entioned in
the precedin" para"raph.
The action #$st be bro$"ht within ten !ears
followin" the collapse of the b$ildin". (n)
Art. 122-. The contractor who $ndertakes to
b$ild a str$ct$re or an! other work for a
stip$lated price) in confor#it! with plans and
specications a"reed $pon with the land4
owner) can neither withdraw fro# the
contract nor de#and an increase in the price
on acco$nt of the hi"her cost of labor or
#aterials) save when there has been a
chan"e in the plans and specications)
provided?
(1) C$ch chan"e has been a$thori(ed b! the
proprietor in writin"; and
(2) The additional price to be paid to the
contractor has been deter#ined in writin" b!
both parties. (1.8*a)
Art. 122.. The owner #a! withdraw at will
fro# the constr$ction of the work) altho$"h it
#a! have been co##enced) inde#nif!in"
the contractor for all the latter>s e,penses)
work) and the $sef$lness which the owner
#a! obtain therefro#) and da#a"es.
(1.8-a)
Art. 122/. 5hen a piece of work has been
entr$sted to a person b! reason of his
personal 3$alications) the contract is
rescinded $pon his death.
+n this case the proprietor shall pa! the heirs
of the contractor in proportion to the price
a"reed $pon) the val$e of the part of the
work done) and of the #aterials prepared)
provided the latter !ield hi# so#e benet.
The sa#e r$le shall appl! if the contractor
cannot nish the work d$e to circ$#stances
be!ond his control. (1.8.)
Art. 1222. The contractor is responsible for
the work done b! persons e#plo!ed b! hi#.
(1.8/)
Art. 1226. The contractor is liable for all the
clai#s of laborers and others e#plo!ed b!
hi#) and of third persons for death or
ph!sical in1$ries d$rin" the constr$ction. (n)
Art. 1228. Those who p$t their labor $pon or
f$rnish #aterials for a piece of work
$ndertaken b! the contractor have an action
a"ainst the owner $p to the a#o$nt owin"
fro# the latter to the contractor at the ti#e
the clai# is #ade. <owever) the followin"
shall not pre1$dice the laborers) e#plo!ees
and f$rnishers of #aterials?
(1) Pa!#ents #ade b! the owner to the
contractor before the! are d$e;
(2) 0en$nciation b! the contractor of an!
a#o$nt d$e hi# fro# the owner.
This article is s$b1ect to the provisions of
special laws. (1.82a)
Art. 12*:. +f it is a"reed that the work shall
be acco#plished to the satisfaction of the
proprietor) it is $nderstood that in case of
disa"ree#ent the 3$estion shall be s$b1ect
to e,pert 1$d"#ent.
+f the work is s$b1ect to the approval of a
third person) his decision shall be nal)
e,cept in case of fra$d or #anifest error.
(1.86a)
Art. 12*1. <e who has e,ec$ted work $pon a
#ovable has a ri"ht to retain it b! wa! of
pled"e $ntil he is paid. (1/::)

C=CT+%9 -. 4 Co##on Carriers (n)

CBFC=CT+%9 1. 4 'eneral Provisions

Art. 12*2. Co##on carriers are persons)
corporations) r#s or associations en"a"ed
in the b$siness of carr!in" or transportin"
passen"ers or "oods or both) b! land) water)
or air) for co#pensation) oferin" their
services to the p$blic.
Art. 12**. Co##on carriers) fro# the nat$re
of their b$siness and for reasons of p$blic
polic!) are bo$nd to observe e,traordinar!
dili"ence in the vi"ilance over the "oods and
for the safet! of the passen"ers transported
b! the#) accordin" to all the circ$#stances
of each case.
C$ch e,traordinar! dili"ence in the vi"ilance
over the "oods is f$rther e,pressed in
Articles 12*-) 12*.) and 12-.) 9os. .) /) and
2) while the e,traordinar! dili"ence for the
safet! of the passen"ers is f$rther set forth
in Articles 12.. and 12./.

CBFC=CT+%9 2. 4 Ai"ilance %ver 'oods

Art. 12*-. Co##on carriers are responsible
for the loss) destr$ction) or deterioration of
the "oods) $nless the sa#e is d$e to an! of
the followin" ca$ses onl!?
(1) Dlood) stor#) earth3$ake) li"htnin") or
other nat$ral disaster or cala#it!;
(2) Act of the p$blic ene#! in war) whether
international or civil;
(*) Act of o#ission of the shipper or owner of
the "oods;
(-) The character of the "oods or defects in
the packin" or in the containers;
(.) %rder or act of co#petent p$blic
a$thorit!.
Art. 12*.. +n all cases other than those
#entioned in 9os. 1) 2) *) -) and . of the
precedin" article) if the "oods are lost)
destro!ed or deteriorated) co##on carriers
are pres$#ed to have been at fa$lt or to
have acted ne"li"entl!) $nless the! prove
that the! observed e,traordinar! dili"ence
as re3$ired in Article 12**.
Art. 12*/. The e,traordinar! responsibilit! of
the co##on carrier lasts fro# the ti#e the
"oods are $nconditionall! placed in the
possession of) and received b! the carrier for
transportation $ntil the sa#e are delivered)
act$all! or constr$ctivel!) b! the carrier to
the consi"nee) or to the person who has a
ri"ht to receive the#) witho$t pre1$dice to
the provisions of Article 12*6.
Art. 12*2. The co##on carrier>s d$t! to
observe e,traordinar! dili"ence over the
"oods re#ains in f$ll force and efect even
when the! are te#poraril! $nloaded or
stored in transit) $nless the shipper or owner
has #ade $se of the ri"ht of stoppa"e in
transit$.
Art. 12*6. The e,traordinar! liabilit! 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) $ntil the consi"nee has been
advised of the arrival of the "oods and has
had reasonable opport$nit! thereafter to
re#ove the# or otherwise dispose of the#.
Art. 12*8. +n order that the co##on carrier
#a! be e,e#pted fro# responsibilit!) the
nat$ral disaster #$st have been the
pro,i#ate and onl! ca$se of the loss.
<owever) the co##on carrier #$st e,ercise
d$e dili"ence to prevent or #ini#i(e loss
before) d$rin" and after the occ$rrence of
Eood) stor# or other nat$ral disaster in order
that the co##on carrier #a! be e,e#pted
fro# liabilit! for the loss) destr$ction) or
deterioration of the "oods. The sa#e d$t! is
inc$#bent $pon the co##on carrier in case
of an act of the p$blic ene#! referred to in
Article 12*-) 9o. 2.
Art. 12-:. +f the co##on carrier ne"li"entl!
inc$rs in dela! in transportin" the "oods) a
nat$ral disaster shall not free s$ch carrier
fro# responsibilit!.
Art. 12-1. +f the shipper or owner #erel!
contrib$ted to the loss) destr$ction or
deterioration of the "oods) the pro,i#ate
ca$se thereof bein" the ne"li"ence of the
co##on carrier) the latter shall be liable in
da#a"es) which however) shall be e3$itabl!
red$ced.
Art. 12-2. =ven if the loss) destr$ction) or
deterioration of the "oods sho$ld be ca$sed
b! the character of the "oods) or the fa$lt!
nat$re of the packin" or of the containers)
the co##on carrier #$st e,ercise d$e
dili"ence to forestall or lessen the loss.
Art. 12-*. +f thro$"h the order of p$blic
a$thorit! the "oods are sei(ed or destro!ed)
the co##on carrier is not responsible)
provided said p$blic a$thorit! had power to
iss$e the order.
Art. 12--. A stip$lation between the co##on
carrier and the shipper or owner li#itin" the
liabilit! of the for#er for the loss)
destr$ction) or deterioration of the "oods to
a de"ree less than e,traordinar! dili"ence
shall be valid) provided it be?
(1) +n writin") si"ned b! the shipper or
owner;
(2) C$pported b! a val$able consideration
other than the service rendered b! the
co##on carrier; and
(*) 0easonable) 1$st and not contrar! to
p$blic polic!.
Art. 12-.. An! of the followin" or si#ilar
stip$lations shall be considered
$nreasonable) $n1$st and contrar! to p$blic
polic!?
(1) That the "oods are transported at the risk
of the owner or shipper;
(2) That the co##on carrier will not be liable
for an! loss) destr$ction) or deterioration of
the "oods;
(*) That the co##on carrier need not
observe an! dili"ence in the c$stod! of the
"oods;
(-) That the co##on carrier shall e,ercise a
de"ree of dili"ence less than that of a "ood
father of a fa#il!) or of a #an of ordinar!
pr$dence in the vi"ilance over the #ovables
transported;
(.) That the co##on carrier shall not be
responsible for the acts or o#ission of his or
its e#plo!ees;
(/) That the co##on carrier>s liabilit! for
acts co##itted b! thieves) or of robbers who
do not act with "rave or irresistible threat)
violence or force) is dispensed with or
di#inished;
(2) 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 e3$ip#ent $sed in the
contract of carria"e.
Art. 12-/. An a"ree#ent li#itin" the
co##on carrier>s liabilit! #a! be ann$lled
b! the shipper or owner if the co##on
carrier ref$sed to carr! the "oods $nless the
for#er a"reed to s$ch stip$lation.
Art. 12-2. +f the co##on carrier) witho$t 1$st
ca$se) dela!s the transportation of the "oods
or chan"es the stip$lated or $s$al ro$te) the
contract li#itin" the co##on carrier>s
liabilit! cannot be availed of in case of the
loss) destr$ction) or deterioration of the
"oods.
Art. 12-6. An a"ree#ent li#itin" the
co##on carrier>s liabilit! for dela! on
acco$nt of strikes or riots is valid.
Art. 12-8. A stip$lation that the co##on
carrier>s liabilit! 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. 12.:. A contract ,in" the s$# that #a!
be recovered. b! the owner or shipper for the
loss) destr$ction) or deterioration of the
"oods is valid) if it is reasonable and 1$st
$nder the circ$#stances) and has been fairl!
and freel! a"reed $pon.
Art. 12.1. The fact that the co##on carrier
has no co#petitor alon" the line or ro$te) or
a part thereof) to which the contract refers
shall be taken into consideration on the
3$estion of whether or not a stip$lation
li#itin" the co##on carrier>s liabilit! is
reasonable) 1$st and in consonance with
p$blic polic!.
Art. 12.2. =ven when there is an a"ree#ent
li#itin" the liabilit! of the co##on carrier in
the vi"ilance over the "oods) the co##on
carrier is disp$tabl! pres$#ed to have been
ne"li"ent in case of their loss) destr$ction or
deterioration.
Art. 12.*. The law of the co$ntr! to which
the "oods are to be transported shall "overn
the liabilit! of the co##on carrier for their
loss) destr$ction or deterioration.
Art. 12.-. The provisions of Articles 12** to
12.* shall appl! to the passen"er>s ba""a"e
which is not in his personal c$stod! or in that
of his e#plo!ee. As to other ba""a"e) the
r$les in Articles 1886 and 2::: to 2::*
concernin" the responsibilit! of hotel4
keepers shall be applicable.

CBFC=CT+%9 *. 4 Cafet! of Passen"ers

Art. 12... A co##on carrier is bo$nd to
carr! the passen"ers safel! as far as h$#an
care and foresi"ht can provide) $sin" the
$t#ost dili"ence of ver! ca$tio$s persons)
with a d$e re"ard for all the circ$#stances.
Art. 12./. +n case of death of or in1$ries to
passen"ers) co##on carriers are pres$#ed
to have been at fa$lt or to have acted
ne"li"entl!) $nless the! prove that the!
observed e,traordinar! dili"ence as
prescribed in Articles 12** and 12...
Art. 12.2. The responsibilit! of a co##on
carrier for the safet! of passen"ers as
re3$ired in Articles 12** and 12.. cannot be
dispensed with or lessened b! stip$lation) b!
the postin" of notices) b! state#ents on
tickets) or otherwise.
Art. 12.6. 5hen a passen"er is carried
"rat$ito$sl!) a stip$lation li#itin" the
co##on carrier>s liabilit! for ne"li"ence is
valid) b$t not for wilf$l acts or "ross
ne"li"ence.
The red$ction of fare does not 1$stif! an!
li#itation of the co##on carrier>s liabilit!.
Art. 12.8. Co##on carriers are liable for the
death of or in1$ries to passen"ers thro$"h
the ne"li"ence or wilf$l acts of the for#er>s
e#plo!ees) altho$"h s$ch e#plo!ees #a!
have acted be!ond the scope of their
a$thorit! or in violation of the orders of the
co##on carriers.
This liabilit! of the co##on carriers does not
cease $pon proof that the! e,ercised all the
dili"ence of a "ood father of a fa#il! in the
selection and s$pervision of their e#plo!ees.
Art. 12/:. The co##on carrier>s
responsibilit! prescribed in the precedin"
article cannot be eli#inated or li#ited b!
stip$lation) b! the postin" of notices) b!
state#ents on the tickets or otherwise.
Art. 12/1. The passen"er #$st observe the
dili"ence of a "ood father of a fa#il! to avoid
in1$r! to hi#self.
Art. 12/2. The contrib$tor! ne"li"ence of the
passen"er does not bar recover! of da#a"es
for his death or in1$ries) if the pro,i#ate
ca$se thereof is the ne"li"ence of the
co##on carrier) b$t the a#o$nt of da#a"es
shall be e3$itabl! red$ced.
Art. 12/*. A co##on carrier is responsible
for in1$ries s$fered b! a passen"er on
acco$nt of the wilf$l acts or ne"li"ence of
other passen"ers or of stran"ers) if the
co##on carrier>s e#plo!ees thro$"h the
e,ercise of the dili"ence of a "ood father of a
fa#il! co$ld have prevented or stopped the
act or o#ission.

CBFC=CT+%9 -. 4 Co##on Provisions

Art. 12/-. Ha#a"es in cases co#prised in
this Cection shall be awarded in accordance
with Title KA+++ of this Fook) concernin"
Ha#a"es. Article 22:/ shall also appl! to the
death of a passen"er ca$sed b! the breach
of contract b! a co##on carrier.
Art. 12/.. The P$blic Cervice Co##ission
#a!) on its own #otion or on petition of an!
interested part!) after d$e hearin") cancel
the certicate of p$blic convenience "ranted
to an! co##on carrier that repeatedl! fails
to co#pl! with his or its d$t! to observe
e,traordinar! dili"ence as prescribed in this
Cection.
Art. 12//. +n all #atters not re"$lated b! this
Code) the ri"hts and obli"ations of co##on
carriers shall be "overned b! the Code of
Co##erce and b! special laws.

Title +K. 4 PA0T9=0C<+P

C<APT=0 1
'=9=0AL P0%A+C+%9C

Art. 12/2. F! the contract of partnership two
or #ore persons bind the#selves to
contrib$te #one!) propert!) or ind$str! to a
co##on f$nd) with the intention of dividin"
the prots a#on" the#selves.
Two or #ore persons #a! also for# a
partnership for the e,ercise of a profession.
(1//.a)
Art. 12/6. The partnership has a 1$dicial
personalit! separate and distinct fro# that of
each of the partners) even in case of fail$re
to co#pl! with the re3$ire#ents of Article
1222) rst para"raph. (n)
Art. 12/8. +n deter#inin" whether a
partnership e,ists) these r$les shall appl!?
(1) =,cept as provided b! Article 162.)
persons who are not partners as to each
other are not partners as to third persons;
(2) Co4ownership or co4possession does not
of itself establish a partnership) whether
s$ch4co4owners or co4possessors do or do
not share an! prots #ade b! the $se of the
propert!;
(*) The sharin" of "ross ret$rns does not of
itself establish a partnership) whether or not
the persons sharin" the# have a 1oint or
co##on ri"ht or interest in an! propert!
fro# which the ret$rns are derived;
(-) The receipt b! a person of a share of the
prots of a b$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 prots
were received in pa!#ent?

(a) As a debt b! install#ents or otherwise;
(b) As wa"es of an e#plo!ee or rent to a
landlord;
(c) As an ann$it! to a widow or
representative of a deceased partner;
(d) As interest on a loan) tho$"h the a#o$nt
of pa!#ent var! with the prots of the
b$siness;
(e) As the consideration for the sale of a
"oodwill of a b$siness or other propert! b!
install#ents or otherwise. (n)
Art. 122:. A partnership #$st have a lawf$l
ob1ect or p$rpose) and #$st be established
for the co##on benet or interest of the
partners.
5hen an $nlawf$l partnership is dissolved b!
a 1$dicial decree) the prots shall be
conscated in favor of the Ctate) witho$t
pre1$dice to the provisions of the Penal Code
"overnin" the conscation of the instr$#ents
and efects of a cri#e. (1///a)
Art. 1221. A partnership #a! be constit$ted
in an! for#) e,cept where i##ovable
propert! or real ri"hts are contrib$ted
thereto) in which case a p$blic instr$#ent
shall be necessar!. (1//2a)
Art. 1222. =ver! contract of partnership
havin" a capital of three tho$sand pesos or
#ore) in #one! or propert!) shall appear in a
p$blic instr$#ent) which #$st be recorded in
the %&ce of the Cec$rities and =,chan"e
Co##ission.
Dail$re to co#pl! with the re3$ire#ents of
the precedin" para"raph shall not afect the
liabilit! of the partnership and the #e#bers
thereof to third persons. (n)
Art. 122*. A contract of partnership is void)
whenever i##ovable propert! is contrib$ted
thereto) if an inventor! of said propert! is not
#ade) si"ned b! the parties) and attached to
the p$blic instr$#ent. (1//6a)
Art. 122-. An! i##ovable propert! or an
interest therein #a! be ac3$ired in the
partnership na#e. Title so ac3$ired can be
conve!ed onl! in the partnership na#e. (n)
Art. 122.. Associations and societies) whose
articles are kept secret a#on" the #e#bers)
and wherein an! one of the #e#bers #a!
contract in his own na#e with third persons)
shall have no 1$ridical personalit!) and shall
be "overned b! the provisions relatin" to co4
ownership. (1//8)
Art. 122/. As to its ob1ect) a partnership is
either $niversal or partic$lar. As re"ards the
liabilit! of the partners) a partnership #a! be
"eneral or li#ited. (1/21a)
Art. 1222. A $niversal partnership #a! refer
to all the present propert! or to all the
prots. (1/22)
Art. 1226. A partnership of all present
propert! is that in which the partners
contrib$te all the propert! which act$all!
belon"s to the# to a co##on f$nd) with the
intention of dividin" the sa#e a#on"
the#selves) as well as all the prots which
the! #a! ac3$ire therewith. (1/2*)
Art. 1228. +n a $niversal partnership of all
present propert!) the propert! which belon"s
to each of the partners at the ti#e of the
constit$tion of the partnership) beco#es the
co##on propert! of all the partners) as well
as all the prots which the! #a! ac3$ire
therewith.
A stip$lation for the co##on en1o!#ent of
an! other prots #a! also be #ade; b$t the
propert! which the partners #a! ac3$ire
s$bse3$entl! b! inheritance) le"ac!) or
donation cannot be incl$ded in s$ch
stip$lation) e,cept the fr$its thereof. (1/2-a)
Art. 126:. A $niversal partnership of prots
co#prises all that the partners #a! ac3$ire
b! their ind$str! or work d$rin" the
e,istence of the partnership.
@ovable or i##ovable propert! which each
of the partners #a! possess at the ti#e of
the celebration of the contract shall contin$e
to pertain e,cl$sivel! to each) onl! the
$s$fr$ct passin" to the partnership. (1/2.)
Art. 1261. Articles of $niversal partnership)
entered into witho$t specication of its
nat$re) onl! constit$te a $niversal
partnership of prots. (1/2/)
Art. 1262. Persons who are prohibited fro#
"ivin" each other an! donation or advanta"e
cannot enter into $niversal partnership.
(1/22)
Art. 126*. A partic$lar partnership has for its
ob1ect deter#inate thin"s) their $se or fr$its)
or specic $ndertakin") or the e,ercise of a
profession or vocation. (1/26)

C<APT=0 2
%FL+'AT+%9C %D T<= PA0T9=0C

C=CT+%9 1. 4 %bli"ations of the Partners
A#on" The#selves

Art. 126-. A partnership be"ins fro# the
#o#ent of the e,ec$tion of the contract)
$nless it is otherwise stip$lated. (1/28)
Art. 126.. 5hen a partnership for a ,ed
ter# or partic$lar $ndertakin" is contin$ed
after the ter#ination of s$ch ter# or
partic$lar $ndertakin" witho$t an! e,press
a"ree#ent) the ri"hts and d$ties of the
partners re#ain the sa#e as the! were at
s$ch ter#ination) so far as is consistent with
a partnership at will.
A contin$ation of the b$siness b! the
partners or s$ch of the# as habit$all! acted
therein d$rin" the ter#) witho$t an!
settle#ent or li3$idation of the partnership
afairs) is pri#a facie evidence of a
contin$ation of the partnership. (n)
Art. 126/. =ver! partner is a debtor of the
partnership for whatever he #a! have
pro#ised to contrib$te thereto.
<e shall also be bo$nd for warrant! in case
of eviction with re"ard to specic and
deter#inate thin"s which he #a! 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. <e shall
also be liable for the fr$its thereof fro# the
ti#e the! sho$ld have been delivered)
witho$t the need of an! de#and. (1/61a)
Art. 1262. 5hen the capital or a part thereof
which a partner is bo$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$lation) it shall be #ade b! e,perts
chosen b! the partners) and accordin" to
c$rrent prices) the s$bse3$ent chan"es
thereof bein" for acco$nt of the partnership.
(n)
Art. 1266. A partner who has $ndertaken to
contrib$te a s$# of #one! and fails to do so
beco#es a debtor for the interest and
da#a"es fro# the ti#e he sho$ld have
co#plied with his obli"ation.
The sa#e r$le applies to an! a#o$nt he #a!
have taken fro# the partnership cofers) and
his liabilit! shall be"in fro# the ti#e he
converted the a#o$nt to his own $se. (1/62)
Art. 1268. An ind$strial partner cannot
en"a"e in b$siness for hi#self) $nless the
partnership e,pressl! per#its hi# to do so;
and if he sho$ld do so) the capitalist partners
#a! either e,cl$de hi# fro# the r# or avail
the#selves of the benets which he #a!
have obtained in violation of this provision)
with a ri"ht to da#a"es in either case. (n)
Art. 128:. Bnless there is a stip$lation to the
contrar!) the partners shall contrib$te e3$al
shares to the capital of the partnership. (n)
Art. 1281. +f there is no a"ree#ent to the
contrar!) in case of an i##inent loss of the
b$siness of the partnership) an! partner who
ref$ses to contrib$te an additional share to
the capital) e,cept an ind$strial partner) to
save the vent$re) shall he obli"ed to sell his
interest to the other partners. (n)
Art. 1282. +f a partner a$thori(ed to #ana"e
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 #a! have
"iven a receipt for his own credit onl!; b$t
sho$ld he have "iven it for the acco$nt of
the partnership credit) the a#o$nt shall be
f$ll! applied to the latter.
The provisions of this article are $nderstood
to be witho$t pre1$dice to the ri"ht "ranted
to the other debtor b! Article 12.2) b$t onl!
if the personal credit of the partner sho$ld be
#ore onero$s to hi#. (1/6-)
Art. 128*. 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 obli"ed) if the
debtor sho$ld thereafter beco#e insolvent)
to brin" to the partnership capital what he
received even tho$"h he #a! have "iven
receipt for his share onl!. (1/6.a)
Art. 128-. =ver! partner is responsible to the
partnership for da#a"es s$fered b! it
thro$"h his fa$lt) and he cannot co#pensate
the# with the prots and benets which he
#a! have earned for the partnership b! his
ind$str!. <owever) the co$rts #a! e3$itabl!
lessen this responsibilit! if thro$"h the
partner>s e,traordinar! eforts in other
activities of the partnership) $n$s$al prots
have been reali(ed. (1/6/a)
Art. 128.. The risk of specic and
deter#inate thin"s) which are not f$n"ible)
contrib$ted to the partnership so that onl!
their $se and fr$its #a! be for the co##on
benet) shall be borne b! the partner who
owns the#.
+f the thin"s contrib$te are f$n"ible) or
cannot be kept witho$t deterioratin") or if
the! were contrib$ted to be sold) the risk
shall be borne b! the partnership. +n the
absence of stip$lation) the risk of the thin"s
bro$"ht and appraised in the inventor!) shall
also be borne b! the partnership) and in s$ch
case the clai# shall be li#ited to the val$e at
which the! were appraised. (1/62)
Art. 128/. The partnership shall be
responsible to ever! partner for the a#o$nts
he #a! have disb$rsed on behalf of the
partnership and for the correspondin"
interest) fro# the ti#e the e,pense are
#ade; it shall also answer to each partner for
the obli"ations he #a! have contracted in
"ood faith in the interest of the partnership
b$siness) and for risks in conse3$ence of its
#ana"e#ent. (1/66a)
Art. 1282. The losses and prots shall be
distrib$ted in confor#it! with the a"ree#ent.
+f onl! the share of each partner in the prots
has been a"reed $pon) the share of each in
the losses shall be in the sa#e proportion.
+n the absence of stip$lation) the share of
each partner in the prots and losses shall
be in proportion to what he #a! have
contrib$ted) b$t the ind$strial partner shall
not be liable for the losses. As for the prots)
the ind$strial partner shall receive s$ch
share as #a! be 1$st and e3$itable $nder the
circ$#stances. +f besides his services he has
contrib$ted capital) he shall also receive a
share in the prots in proportion to his
capital. (1/68a)
Art. 1286. +f the partners have a"reed to
intr$st to a third person the desi"nation of
the share of each one in the prots and
losses) s$ch desi"nation #a! be i#p$"ned
onl! when it is #anifestl! ine3$itable. +n no
case #a! a partner who has be"$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
knowled"e thereof) co#plain of s$ch
decision.
The desi"nation of losses and prots cannot
be intr$sted to one of the partners. (1/8:)
Art. 1288. A stip$lation which e,cl$des one
or #ore partners fro# an! share in the
prots or losses is void. (1/81)
Art. 16::. The partner who has been
appointed #ana"er in the articles of
partnership #a! e,ec$te all acts of
ad#inistration despite the opposition of his
partners) $nless he sho$ld act in bad faith;
and his power is irrevocable witho$t 1$st or
lawf$l ca$se. The vote of the partners
representin" the controllin" interest shall be
necessar! for s$ch revocation of power.
A power "ranted after the partnership has
been constit$ted #a! be revoked at an!
ti#e. (1/82a)
Art. 16:1. +f two or #ore partners have been
intr$sted with the #ana"e#ent of the
partnership witho$t specication 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 #a!
separatel! e,ec$te all acts of ad#inistration)
b$t if an! of the# sho$ld oppose the acts of
the others) the decision of the #a1orit! shall
prevail. +n case of a tie) the #atter shall be
decided b! the partners ownin" the
controllin" interest. (1/8*a)
Art. 16:2. +n case it sho$ld have been
stip$lated that none of the #ana"in"
partners shall act witho$t the consent of the
others) the conc$rrence of all shall be
necessar! for the validit! of the acts) and the
absence or disabilit! of an! one of the#
cannot be alle"ed) $nless there is i##inent
dan"er of "rave or irreparable in1$r! to the
partnership. (1/8-)
Art. 16:*. 5hen the #anner of #ana"e#ent
has not been a"reed $pon) the followin"
r$les shall be observed?
(1) All the partners shall be considered
a"ents and whatever an! one of the# #a!
do alone shall bind the partnership) witho$t
pre1$dice to the provisions of Article 16:1.
(2) 9one of the partners #a!) witho$t the
consent of the others) #ake an! i#portant
alteration in the i##ovable propert! of the
partnership) even if it #a! be $sef$l to the
partnership. F$t if the ref$sal of consent b!
the other partners is #anifestl! pre1$dicial to
the interest of the partnership) the co$rt>s
intervention #a! be so$"ht. (1/8.a)
Art. 16:-. =ver! partner #a! associate
another person with hi# in his share) b$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 #ana"er. (1/8/)
Art. 16:.. The partnership books shall be
kept) s$b1ect to an! a"ree#ent between the
partners) at the principal place of b$siness of
the partnership) and ever! partner shall at
an! reasonable ho$r have access to and #a!
inspect and cop! an! of the#. (n)
Art. 16:/. Partners shall render on de#and
tr$e and f$ll infor#ation of all thin"s
afectin" the partnership to an! partner or
the le"al representative of an! deceased
partner or of an! partner $nder le"al
disabilit!. (n)
Art. 16:2. =ver! partner #$st acco$nt to the
partnership for an! benet) and hold as
tr$stee for it an! prots derived b! hi#
witho$t the consent of the other partners
fro# an! transaction connected with the
for#ation) cond$ct) or li3$idation of the
partnership or fro# an! $se b! hi# of its
propert!. (n)
Art. 16:6. The capitalist partners cannot
en"a"e for their own acco$nt in an!
operation which is of the kind of b$siness in
which the partnership is en"a"ed) $nless
there is a stip$lation to the contrar!.
An! capitalist partner violatin" this
prohibition shall brin" to the co##on f$nds
an! prots accr$in" to hi# fro# his
transactions) and shall personall! bear all the
losses. (n)
Art. 16:8. An! partner shall have the ri"ht to
a for#al acco$nt as to partnership afairs?
(1) +f he is wron"f$ll! e,cl$ded fro# the
partnership b$siness or possession of its
propert! b! his co4partners;
(2) +f the ri"ht e,ists $nder the ter#s of an!
a"ree#ent;
(*) As provided b! article 16:2;
(-) 5henever other circ$#stances render it
1$st and reasonable. (n)
C=CT+%9 2. 4 Propert! 0i"hts of a Partner

Art. 161:. The propert! ri"hts of a partner
are?
(1) <is ri"hts in specic partnership propert!;
(2) <is interest in the partnership; and
(*) <is ri"ht to participate in the
#ana"e#ent. (n)
Art. 1611. A partner is co4owner with his
partners of specic partnership propert!.
The incidents of this co4ownership are s$ch
that?
(1) A partner) s$b1ect to the provisions of this
Title and to an! a"ree#ent between the
partners) has an e3$al ri"ht with his partners
to possess specic partnership propert! for
partnership p$rposes; b$t he has no ri"ht to
possess s$ch propert! for an! other p$rpose
witho$t the consent of his partners;
(2) A partner>s ri"ht in specic partnership
propert! is not assi"nable e,cept in
connection with the assi"n#ent of ri"hts of
all the partners in the sa#e propert!;
(*) A partner>s ri"ht in specic partnership
propert! is not s$b1ect to attach#ent or
e,ec$tion) e,cept on a clai# a"ainst the
partnership. 5hen partnership propert! is
attached for a partnership debt the partners)
or an! of the#) or the representatives of a
deceased partner) cannot clai# an! ri"ht
$nder the ho#estead or e,e#ption laws;
(-) A partner>s ri"ht in specic partnership
propert! is not s$b1ect to le"al s$pport $nder
Article 281. (n)
Art. 1612. A partner>s interest in the
partnership is his share of the prots and
s$rpl$s. (n)
Art. 161*. A conve!ance b! a partner of his
whole interest in the partnership does not of
itself dissolve the partnership) or) as a"ainst
the other partners in the absence of
a"ree#ent) entitle the assi"nee) d$rin" the
contin$ance of the partnership) to interfere
in the #ana"e#ent or ad#inistration of the
partnership b$siness or afairs) or to re3$ire
an! infor#ation or acco$nt of partnership
transactions) or to inspect the partnership
books; b$t it #erel! entitles the assi"nee to
receive in accordance with his contract the
prots to which the assi"nin" partner wo$ld
otherwise be entitled. <owever) in case of
fra$d in the #ana"e#ent of the partnership)
the assi"nee #a! avail hi#self of the $s$al
re#edies.
+n case of a dissol$tion of the partnership)
the assi"nee is entitled to receive his
assi"nor>s interest and #a! re3$ire an
acco$nt fro# the date onl! of the last
acco$nt a"reed to b! all the partners. (n)
Art. 161-. 5itho$t pre1$dice to the preferred
ri"hts of partnership creditors $nder Article
1622) on d$e application to a co#petent
co$rt b! an! 1$d"#ent creditor of a partner)
the co$rt which entered the 1$d"#ent) or an!
other co$rt) #a! char"e the interest of the
debtor partner with pa!#ent of the
$nsatised a#o$nt of s$ch 1$d"#ent debt
with interest thereon; and #a! then or later
appoint a receiver of his share of the prots)
and of an! other #one! d$e or to fall d$e to
hi# in respect of the partnership) and #ake
all other orders) directions) acco$nts and
in3$iries which the debtor partner #i"ht
have #ade) or which the circ$#stances of
the case #a! re3$ire.
The interest char"ed #a! be redee#ed at
an! ti#e before foreclos$re) or in case of a
sale bein" directed b! the co$rt) #a! be
p$rchased witho$t thereb! ca$sin" a
dissol$tion?
(1) 5ith separate propert!) b! an! one or
#ore of the partners; or
(2) 5ith partnership propert!) b! an! one or
#ore of the partners with the consent of all
the partners whose interests are not so
char"ed or sold.
9othin" in this Title shall be held to deprive a
partner of his ri"ht) if an!) $nder the
e,e#ption laws) as re"ards his interest in the
partnership. (n)

C=CT+%9 *. 4 %bli"ations of the Partners
5ith 0e"ard to Third Persons

Art. 161.. =ver! partnership shall operate
$nder a r# na#e) which #a! or #a! not
incl$de the na#e of one or #ore of the
partners.
Those who) not bein" #e#bers of the
partnership) incl$de their na#es in the r#
na#e) shall be s$b1ect to the liabilit! of a
partner. (n)
Art. 161/. All partners) incl$din" ind$strial
ones) shall be liable pro rata with all their
propert! and after all the partnership assets
have been e,ha$sted) for the contracts
which #a! be entered into in the na#e and
for the acco$nt of the partnership) $nder its
si"nat$re and b! a person a$thori(ed to act
for the partnership. <owever) an! partner
#a! enter into a separate obli"ation to
perfor# a partnership contract. (n)
Art. 1612. An! stip$lation a"ainst the liabilit!
laid down in the precedin" article shall be
void) e,cept as a#on" the partners. (n)
Art. 1616. =ver! partner is an a"ent of the
partnership for the p$rpose of its b$siness)
and the act of ever! partner) incl$din" the
e,ec$tion in the partnership na#e of an!
instr$#ent) for apparentl! carr!in" on in the
$s$al wa! the b$siness of the partnership of
which he is a #e#ber binds the partnership)
$nless the partner so actin" has in fact no
a$thorit! to act for the partnership in the
partic$lar #atter) and the person with who#
he is dealin" has knowled"e of the fact that
he has no s$ch a$thorit!.
An act of a partner which is not apparentl!
for the carr!in" on of b$siness of the
partnership in the $s$al wa! does not bind
the partnership $nless a$thori(ed b! the
other partners.
=,cept when a$thori(ed b! the other
partners or $nless the! have abandoned the
b$siness) one or #ore b$t less than all the
partners have no a$thorit! to?
(1) Assi"n the partnership propert! in tr$st
for creditors or on the assi"nee>s pro#ise to
pa! the debts of the partnership;
(2) Hispose of the "ood4will of the b$siness;
(*) Ho an! other act which wo$ld #ake it
i#possible to carr! on the ordinar! b$siness
of a partnership;
(-) Confess a 1$d"#ent;
(.) =nter into a co#pro#ise concernin" a
partnership clai# or liabilit!;
(/) C$b#it a partnership clai# or liabilit! to
arbitration;
(2) 0eno$nce a clai# of the partnership.
9o act of a partner in contravention of a
restriction on a$thorit! shall bind the
partnership to persons havin" knowled"e of
the restriction. (n)
Art. 1618. 5here title to real propert! is in
the partnership na#e) an! partner #a!
conve! title to s$ch propert! b! a
conve!ance e,ec$ted in the partnership
na#e; b$t the partnership #a! recover s$ch
propert! $nless the partner>s act binds the
partnership $nder the provisions of the rst
para"raph of article 1616) or $nless s$ch
propert! has been conve!ed b! the "rantee
or a person clai#in" thro$"h s$ch "rantee to
a holder for val$e witho$t knowled"e that
the partner) in #akin" the conve!ance) has
e,ceeded his a$thorit!.
5here title to real propert! is in the na#e of
the partnership) a conve!ance e,ec$ted b! a
partner) in his own na#e) passes the
e3$itable interest of the partnership)
provided the act is one within the a$thorit!
of the partner $nder the provisions of the
rst para"raph of Article 1616.
5here title to real propert! is in the na#e of
one or #ore b$t not all the partners) and the
record does not disclose the ri"ht of the
partnership) the partners in whose na#e the
title stands #a! conve! title to s$ch
propert!) b$t the partnership #a! recover
s$ch propert! if the partners> act does not
bind the partnership $nder the provisions of
the rst para"raph of Article 1616) $nless the
p$rchaser or his assi"nee) is a holder for
val$e) witho$t knowled"e.
5here the title to real propert! is in the
na#e of one or #ore or all the partners) or in
a third person in tr$st for the partnership) a
conve!ance e,ec$ted b! a partner in the
partnership na#e) or in his own na#e)
passes the e3$itable interest of the
partnership) provided the act is one within
the a$thorit! of the partner $nder the
provisions of the rst para"raph of Article
1616.
5here the title to real propert! is in the
na#e of all the partners a conve!ance
e,ec$ted b! all the partners passes all their
ri"hts in s$ch propert!. (n)
Art. 162:. An ad#ission or representation
#ade b! an! partner concernin" partnership
afairs within the scope of his a$thorit! in
accordance with this Title is evidence a"ainst
the partnership. (n)
Art. 1621. 9otice to an! partner of an!
#atter relatin" to partnership afairs) and the
knowled"e of the partner actin" in the
partic$lar #atter) ac3$ired while a partner or
then present to his #ind) and the knowled"e
of an! other partner who reasonabl! co$ld
and sho$ld have co##$nicated it to the
actin" partner) operate as notice to or
knowled"e of the partnership) e,cept in the
case of fra$d on the partnership) co##itted
b! or with the consent of that partner. (n)
Art. 1622. 5here) b! an! wron"f$l act or
o#ission of an! partner actin" in the
ordinar! co$rse of the b$siness of the
partnership or with the a$thorit! of co4
partners) loss or in1$r! is ca$sed to an!
person) not bein" a partner in the
partnership) or an! penalt! is inc$rred) the
partnership is liable therefor to the sa#e
e,tent as the partner so actin" or o#ittin" to
act. (n)
Art. 162*. The partnership is bo$nd to #ake
"ood the loss?
(1) 5here one partner actin" within the
scope of his apparent a$thorit! receives
#one! or propert! of a third person and
#isapplies it; and
(2) 5here the partnership in the co$rse of its
b$siness receives #one! or propert! of a
third person and the #one! or propert! so
received is #isapplied b! an! partner while it
is in the c$stod! of the partnership. (n)
Art. 162-. All partners are liable solidaril!
with the partnership for ever!thin"
char"eable to the partnership $nder Articles
1622 and 162*. (n)
Art. 162.. 5hen a person) b! words spoken
or written or b! cond$ct) represents hi#self)
or consents to another representin" hi# to
an!one) as a partner in an e,istin"
partnership or with one or #ore persons not
act$al partners) he is liable to an! s$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 b! or with the
knowled"e of the apparent partner #akin"
the representation or consentin" to its bein"
#ade?
(1) 5hen a partnership liabilit! res$lts) he is
liable as tho$"h he were an act$al #e#ber
of the partnership;
(2) 5hen no partnership liabilit! res$lts) he is
liable pro rata with the other persons) if an!)
so consentin" to the contract or
representation as to inc$r liabilit!) otherwise
separatel!.
5hen a person has been th$s represented to
be a partner in an e,istin" partnership) or
with one or #ore persons not act$al
partners) he is an a"ent of the persons
consentin" to s$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 rel! $pon the
representation. 5hen all the #e#bers of the
e,istin" partnership consent to the
representation) a partnership act or
obli"ation res$lts; b$t in all other cases it is
the 1oint act or obli"ation of the person
actin" and the persons consentin" to the
representation. (n)
Art. 162/. A person ad#itted as a partner
into an e,istin" partnership is liable for all
the obli"ations of the partnership arisin"
before his ad#ission as tho$"h he had been
a partner when s$ch obli"ations were
inc$rred) e,cept that this liabilit! shall be
satised onl! o$t of partnership propert!)
$nless there is a stip$lation to the contrar!.
(n)
Art. 1622. The creditors of the partnership
shall be preferred to those of each partner as
re"ards the partnership propert!. 5itho$t
pre1$dice to this ri"ht) the private creditors of
each partner #a! ask the attach#ent and
p$blic sale of the share of the latter in the
partnership assets. (n)

C<APT=0 *
H+CC%LBT+%9 A9H 5+9H+9' BP

Art. 1626. The dissol$tion of a partnership is
the chan"e in the relation of the partners
ca$sed b! an! partner ceasin" to be
associated in the carr!in" on as
distin"$ished fro# the windin" $p of the
b$siness. (n)
Art. 1628. %n dissol$tion the partnership is
not ter#inated) b$t contin$es $ntil the
windin" $p of partnership afairs is
co#pleted. (n)
Art. 16*:. Hissol$tion is ca$sed?
(1) 5itho$t violation of the a"ree#ent
between the partners?
(a) F! the ter#ination of the denite ter# or
partic$lar $ndertakin" specied in the
a"ree#ent;
(b) F! the e,press will of an! partner) who
#$st act in "ood faith) when no denite ter#
or partic$lar is specied;
(c) F! the e,press will of all the partners who
have not assi"ned their interests or s$fered
the# to be char"ed for their separate debts)
either before or after the ter#ination of an!
specied ter# or partic$lar $ndertakin";
(d) F! the e,p$lsion of an! partner fro# the
b$siness bona de in accordance with s$ch a
power conferred b! the a"ree#ent between
the partners;
(2) +n contravention of the a"ree#ent
between the partners) where the
circ$#stances do not per#it a dissol$tion
$nder an! other provision of this article) b!
the e,press will of an! partner at an! ti#e;
(*) F! an! event which #akes it $nlawf$l for
the b$siness of the partnership to be carried
on or for the #e#bers to carr! it on in
partnership;
(-) 5hen a specic thin" which a partner
had pro#ised to contrib$te to the
partnership) perishes before the deliver!; in
an! case b! the loss of the thin") when the
partner who contrib$ted it havin" reserved
the ownership thereof) has onl! transferred
to the partnership the $se or en1o!#ent of
the sa#e; b$t the partnership shall not be
dissolved b! the loss of the thin" when it
occ$rs after the partnership has ac3$ired the
ownership thereof;
(.) F! the death of an! partner;
(/) F! the insolvenc! of an! partner or of the
partnership;
(2) F! the civil interdiction of an! partner;
(6) F! decree of co$rt $nder the followin"
article. (12::a and 12:1a)
Art. 16*1. %n application b! or for a partner
the co$rt shall decree a dissol$tion
whenever?
(1) A partner has been declared insane in
an! 1$dicial proceedin" or is shown to be of
$nso$nd #ind;
(2) A partner beco#es in an! other wa!
incapable of perfor#in" his part of the
partnership contract;
(*) A partner has been "$ilt! of s$ch cond$ct
as tends to afect pre1$diciall! the carr!in"
on of the b$siness;
(-) A partner wilf$ll! or persistentl! co##its
a breach of the partnership a"ree#ent) or
otherwise so cond$cts hi#self in #atters
relatin" to the partnership b$siness that it is
not reasonabl! practicable to carr! on the
b$siness in partnership with hi#;
(.) The b$siness of the partnership can onl!
be carried on at a loss;
(/) %ther circ$#stances render a dissol$tion
e3$itable.
%n the application of the p$rchaser of a
partner>s interest $nder Article 161* or 161-?
(1) After the ter#ination of the specied
ter# or partic$lar $ndertakin";
(2) At an! ti#e if the partnership was a
partnership at will when the interest was
assi"ned or when the char"in" order was
iss$ed. (n)
Art. 16*2. =,cept so far as #a! be necessar!
to wind $p partnership afairs or to co#plete
transactions be"$n b$t not then nished)
dissol$tion ter#inates all a$thorit! of an!
partner to act for the partnership?
(1) 5ith respect to the partners?
(a) 5hen the dissol$tion is not b! the act)
insolvenc! or death of a partner; or
(b) 5hen the dissol$tion is b! s$ch act)
insolvenc! or death of a partner) in cases
where article 16** so re3$ires;
(2) 5ith respect to persons not partners) as
declared in article 16*-. (n)
Art. 16**. 5here the dissol$tion is ca$sed b!
the act) death or insolvenc! of a partner)
each partner is liable to his co4partners for
his share of an! liabilit! created b! an!
partner actin" for the partnership as if the
partnership had not been dissolved $nless?
(1) The dissol$tion bein" b! act of an!
partner) the partner actin" for the
partnership had knowled"e of the
dissol$tion; or
(2) The dissol$tion bein" b! the death or
insolvenc! of a partner) the partner actin"
for the partnership had knowled"e or notice
of the death or insolvenc!.
Art. 16*-. After dissol$tion) a partner can
bind the partnership) e,cept as provided in
the third para"raph of this article?
(1) F! an! act appropriate for windin" $p
partnership afairs or co#pletin"
transactions $nnished at dissol$tion;
(2) F! an! transaction which wo$ld bind the
partnership if dissol$tion had not taken
place) provided the other part! to the
transaction?
(a) <ad e,tended credit to the partnership
prior to dissol$tion and had no knowled"e or
notice of the dissol$tion; or
(b) Tho$"h he had not so e,tended credit)
had nevertheless known of the partnership
prior to dissol$tion) and) havin" no
knowled"e 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"$larl!
carried on.
The liabilit! of a partner $nder the rst
para"raph) 9o. 2) shall be satised o$t of
partnership assets alone when s$ch partner
had been prior to dissol$tion?
(1) Bnknown as a partner to the person with
who# the contract is #ade; and
(2) Co far $nknown and inactive in
partnership afairs that the b$siness
rep$tation of the partnership co$ld not be
said to have been in an! de"ree d$e to his
connection with it.
The partnership is in no case bo$nd b! an!
act of a partner after dissol$tion?
(1) 5here the partnership is dissolved
beca$se it is $nlawf$l to carr! on the
b$siness) $nless the act is appropriate for
windin" $p partnership afairs; or
(2) 5here the partner has beco#e insolvent;
or
(*) 5here the partner has no a$thorit! to
wind $p partnership afairs; e,cept b! a
transaction with one who?
(a) <ad e,tended credit to the partnership
prior to dissol$tion and had no knowled"e or
notice of his want of a$thorit!; or
(b) <ad not e,tended credit to the
partnership prior to dissol$tion) and) havin"
no knowled"e or notice of his want of
a$thorit!) the fact of his want of a$thorit!
has not been advertised in the #anner
provided for advertisin" the fact of
dissol$tion in the rst para"raph) 9o. 2 (b).
9othin" in this article shall afect the liabilit!
$nder Article 162. of an! person who) after
dissol$tion) represents hi#self or consents to
another representin" hi# as a partner in a
partnership en"a"ed in carr!in" b$siness. (n)
Art. 16*.. The dissol$tion of the partnership
does not of itself dischar"e the e,istin"
liabilit! of an! partner.
A partner is dischar"ed fro# an! e,istin"
liabilit! $pon dissol$tion of the partnership
b! an a"ree#ent to that efect between
hi#self) the partnership creditor and the
person or partnership contin$in" the
b$siness; and s$ch a"ree#ent #a! be
inferred fro# the co$rse of dealin" between
the creditor havin" knowled"e of the
dissol$tion and the person or partnership
contin$in" the b$siness.
The individ$al propert! of a deceased
partner shall be liable for all obli"ations of
the partnership inc$rred while he was a
partner) b$t s$b1ect to the prior pa!#ent of
his separate debts. (n)
Art. 16*/. Bnless otherwise a"reed) the
partners who have not wron"f$ll! dissolved
the partnership or the le"al representative of
the last s$rvivin" partner) not insolvent) has
the ri"ht to wind $p the partnership afairs)
provided) however) that an! partner) his
le"al representative or his assi"nee) $pon
ca$se shown) #a! obtain windin" $p b! the
co$rt. (n)
Art. 16*2. 5hen dissol$tion is ca$sed in an!
wa!) e,cept in contravention of the
partnership a"ree#ent) each partner) as
a"ainst his co4partners and all persons
clai#in" thro$"h the# in respect of their
interests in the partnership) $nless otherwise
a"reed) #a! have the partnership propert!
applied to dischar"e its liabilities) and the
s$rpl$s applied to pa! in cash the net
a#o$nt owin" to the respective partners. F$t
if dissol$tion is ca$sed b! e,p$lsion of a
partner) bona de $nder the partnership
a"ree#ent and if the e,pelled partner is
dischar"ed fro# all partnership liabilities)
either b! pa!#ent or a"ree#ent $nder the
second para"raph of Article 16*.) he shall
receive in cash onl! the net a#o$nt d$e hi#
fro# the partnership.
5hen dissol$tion is ca$sed in contravention
of the partnership a"ree#ent the ri"hts of
the partners shall be as follows?
(1) =ach partner who has not ca$sed
dissol$tion wron"f$ll! shall have?

(a) All the ri"hts specied in the rst
para"raph of this article) and
(b) The ri"ht) as a"ainst each partner who
has ca$sed the dissol$tion wron"f$ll!) to
da#a"es breach of the a"ree#ent.
(2) The partners who have not ca$sed the
dissol$tion wron"f$ll!) if the! all desire to
contin$e the b$siness in the sa#e na#e
either b! the#selves or 1ointl! with others)
#a! do so) d$rin" the a"reed ter# for the
partnership and for that p$rpose #a!
possess the partnership propert!) provided
the! sec$re the pa!#ent b! bond approved
b! the co$rt) or pa! an! partner who has
ca$sed the dissol$tion wron"f$ll!) the val$e
of his interest in the partnership at the
dissol$tion) less an! da#a"es recoverable
$nder the second para"raph) 9o. 1 (b) of this
article) and in like #anner inde#nif! hi#
a"ainst all present or f$t$re partnership
liabilities.
(*) A partner who has ca$sed the dissol$tion
wron"f$ll! shall have?

(a) +f the b$siness is not contin$ed $nder the
provisions of the second para"raph) 9o. 2) all
the ri"hts of a partner $nder the rst
para"raph) s$b1ect to liabilit! for da#a"es in
the second para"raph) 9o. 1 (b)) of this
article.
(b) +f the b$siness is contin$ed $nder the
second para"raph) 9o. 2) of this article) the
ri"ht as a"ainst his co4partners and all
clai#in" thro$"h the# in respect of their
interests in the partnership) to have the
val$e of his interest in the partnership) less
an! da#a"e ca$sed to his co4partners b! the
dissol$tion) ascertained and paid to hi# in
cash) or the pa!#ent sec$red b! a bond
approved b! the co$rt) and to be released
fro# all e,istin" liabilities of the partnership;
b$t in ascertainin" the val$e of the partner>s
interest the val$e of the "ood4will of the
b$siness shall not be considered. (n)
Art. 16*6. 5here a partnership contract is
rescinded on the "ro$nd of the fra$d or
#isrepresentation of one of the parties
thereto) the part! entitled to rescind is)
witho$t pre1$dice to an! other ri"ht) entitled?
(1) To a lien on) or ri"ht of retention of) the
s$rpl$s of the partnership propert! after
satisf!in" the partnership liabilities to third
persons for an! s$# of #one! paid b! hi#
for the p$rchase of an interest in the
partnership and for an! capital or advances
contrib$ted b! hi#;
(2) To stand) after all liabilities to third
persons have been satised) in the place of
the creditors of the partnership for an!
pa!#ents #ade b! hi# in respect of the
partnership liabilities; and
(*) To be inde#nied b! the person "$ilt! of
the fra$d or #akin" the representation
a"ainst all debts and liabilities of the
partnership. (n)
Art. 16*8. +n settlin" acco$nts between the
partners after dissol$tion) the followin" r$les
shall be observed) s$b1ect to an! a"ree#ent
to the contrar!?
(1) The assets of the partnership are?

(a) The partnership propert!)
(b) The contrib$tions of the partners
necessar! for the pa!#ent of all the
liabilities specied in 9o. 2.
(2) The liabilities of the partnership shall rank
in order of pa!#ent) as follows?

(a) Those owin" to creditors other than
partners)
(b) Those owin" to partners other than for
capital and prots)
(c) Those owin" to partners in respect of
capital)
(d) Those owin" to partners in respect of
prots.
(*) The assets shall be applied in the order of
their declaration in 9o. 1 of this article to the
satisfaction of the liabilities.
(-) The partners shall contrib$te) as provided
b! article 1282) the a#o$nt necessar! to
satisf! the liabilities.
(.) An assi"nee for the benet of creditors or
an! person appointed b! the co$rt shall have
the ri"ht to enforce the contrib$tions
specied in the precedin" n$#ber.
(/) An! partner or his le"al representative
shall have the ri"ht to enforce the
contrib$tions specied in 9o. -) to the e,tent
of the a#o$nt which he has paid in e,cess of
his share of the liabilit!.
(2) The individ$al propert! of a deceased
partner shall be liable for the contrib$tions
specied in 9o. -.
(6) 5hen partnership propert! and the
individ$al properties of the partners are in
possession of a co$rt for distrib$tion)
partnership creditors shall have priorit! on
partnership propert! and separate creditors
on individ$al propert!) savin" the ri"hts of
lien or sec$red creditors.
(8) 5here a partner has beco#e insolvent or
his estate is insolvent) the clai#s a"ainst his
separate propert! shall rank in the followin"
order?

(a) Those owin" to separate creditors;
(b) Those owin" to partnership creditors;
(c) Those owin" to partners b! wa! of
contrib$tion. (n)
Art. 16-:. +n the followin" cases creditors of
the dissolved partnership are also creditors
of the person or partnership contin$in" the
b$siness?
(1) 5hen an! new partner is ad#itted into
an e,istin" partnership) or when an! partner
retires and assi"ns (or the representative of
the deceased partner assi"ns) his ri"hts in
partnership propert! to two or #ore of the
partners) or to one or #ore of the partners
and one or #ore third persons) if the
b$siness is contin$ed witho$t li3$idation of
the partnership afairs;
(2) 5hen all b$t one partner retire and
assi"n (or the representative of a deceased
partner assi"ns) their ri"hts in partnership
propert! to the re#ainin" partner) who
contin$es the b$siness witho$t li3$idation of
partnership afairs) either alone or with
others;
(*) 5hen an! partner retires or dies and the
b$siness of the dissolved partnership is
contin$ed as set forth in 9os. 1 and 2 of this
article) with the consent of the retired
partners or the representative of the
deceased partner) b$t witho$t an!
assi"n#ent of his ri"ht in partnership
propert!;
(-) 5hen all the partners or their
representatives assi"n their ri"hts in
partnership propert! to one or #ore third
persons who pro#ise to pa! the debts and
who contin$e the b$siness of the dissolved
partnership;
(.) 5hen an! partner wron"f$ll! ca$ses a
dissol$tion and the re#ainin" partners
contin$e the b$siness $nder the provisions of
article 16*2) second para"raph) 9o. 2) either
alone or with others) and witho$t li3$idation
of the partnership afairs;
(/) 5hen a partner is e,pelled and the
re#ainin" partners contin$e the b$siness
either alone or with others witho$t
li3$idation of the partnership afairs.
The liabilit! of a third person beco#in" a
partner in the partnership contin$in" the
b$siness) $nder this article) to the creditors
of the dissolved partnership shall be satised
o$t of the partnership propert! onl!) $nless
there is a stip$lation to the contrar!.
5hen the b$siness of a partnership after
dissol$tion is contin$ed $nder an! conditions
set forth in this article the creditors of the
dissolved partnership) as a"ainst the
separate creditors of the retirin" or deceased
partner or the representative of the
deceased partner) have a prior ri"ht to an!
clai# of the retired partner or the
representative of the deceased partner
a"ainst the person or partnership contin$in"
the b$siness) on acco$nt of the retired or
deceased partner>s interest in the dissolved
partnership or on acco$nt of an!
consideration pro#ised for s$ch interest or
for his ri"ht in partnership propert!.
9othin" in this article shall be held to #odif!
an! ri"ht of creditors to set aside an!
assi"n#ent on the "ro$nd of fra$d.
The $se b! the person or partnership
contin$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 propert! of the deceased partner
liable for an! debts contracted b! s$ch
person or partnership. (n)
Art. 16-1. 5hen an! partner retires or dies)
and the b$siness is contin$ed $nder an! of
the conditions set forth in the precedin"
article) or in Article 16*2) second para"raph)
9o. 2) witho$t an! settle#ent of acco$nts as
between hi# or his estate and the person or
partnership contin$in" the b$siness) $nless
otherwise a"reed) he or his le"al
representative as a"ainst s$ch person or
partnership #a! have the val$e of his
interest at the date of dissol$tion
ascertained) and shall receive as an ordinar!
creditor an a#o$nt e3$al to the val$e of his
interest in the dissolved partnership with
interest) or) at his option or at the option of
his le"al representative) in lie$ of interest)
the prots attrib$table to the $se of his ri"ht
in the propert! of the dissolved partnership;
provided that the creditors of the dissolved
partnership as a"ainst the separate
creditors) or the representative of the retired
or deceased partner) shall have priorit! on
an! clai# arisin" $nder this article) as
provided Article 16-:) third para"raph. (n)
Art. 16-2. The ri"ht to an acco$nt of his
interest shall accr$e to an! partner) or his
le"al representative as a"ainst 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 an! a"ree#ent to the contrar!.
(n)

C<APT=0 -
L+@+T=H PA0T9=0C<+P (n)

Art. 16-*. A li#ited partnership is one
for#ed b! 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 b! the
obli"ations of the partnership.
Art. 16--. Two or #ore persons desirin" to
for# a li#ited partnership shall?
(1) Ci"n and swear to a certicate) which
shall state 4

(a) The na#e of the partnership) addin"
thereto the word "Li#ited";
(b) The character of the b$siness;
(c) The location of the principal place of
b$siness;
(d) The na#e and place of residence of each
#e#ber) "eneral and li#ited partners bein"
respectivel! desi"nated;
(e) The ter# for which the partnership is to
e,ist;
(f) The a#o$nt of cash and a description of
and the a"reed val$e of the other propert!
contrib$ted b! each li#ited partner;
(") The additional contrib$tions) if an!) to be
#ade b! each li#ited partner and the ti#es
at which or events on the happenin" of
which the! shall be #ade;
(h) The ti#e) if a"reed $pon) when the
contrib$tion of each li#ited partner is to be
ret$rned;
(i) The share of the prots or the other
co#pensation b! wa! of inco#e which each
li#ited partner shall receive b! reason of his
contrib$tion;
(1) The ri"ht) if "iven) of a li#ited partner to
s$bstit$te an assi"nee as contrib$tor in his
place) and the ter#s and conditions of the
s$bstit$tion;
(k) The ri"ht) if "iven) of the partners to
ad#it additional li#ited partners;
(l) The ri"ht) if "iven) of one or #ore of the
li#ited partners to priorit! over other li#ited
partners) as to contrib$tions or as to
co#pensation b! wa! of inco#e) and the
nat$re of s$ch priorit!;
(#) The ri"ht) if "iven) of the re#ainin"
"eneral partner or partners to contin$e the
b$siness on the death) retire#ent) civil
interdiction) insanit! or insolvenc! of a
"eneral partner; and
(n) The ri"ht) if "iven) of a li#ited partner to
de#and and receive propert! other than
cash in ret$rn for his contrib$tion.
(2) Dile for record the certicate in the %&ce
of the Cec$rities and =,chan"e Co##ission.
A li#ited partnership is for#ed if there has
been s$bstantial co#pliance in "ood faith
with the fore"oin" re3$ire#ents.
Art. 16-.. The contrib$tions of a li#ited
partner #a! be cash or propert!) b$t not
services.
Art. 16-/. The s$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$rna#e appears in
a partnership na#e contrar! to the
provisions of the rst para"raph is liable as a
"eneral partner to partnership creditors who
e,tend credit to the partnership witho$t
act$al knowled"e that he is not a "eneral
partner.
Art. 16-2. +f the certicate contains a false
state#ent) one who s$fers loss b! reliance
on s$ch state#ent #a! hold liable an! part!
to the certicate who knew the state#ent to
be false?
(1) At the ti#e he si"ned the certicate) or
(2) C$bse3$entl!) b$t within a s$&cient ti#e
before the state#ent was relied $pon to
enable hi# to cancel or a#end the
certicate) or to le a petition for its
cancellation or a#end#ent as provided in
Article 16/..
Art. 16-6. A li#ited partner shall not beco#e
liable as a "eneral partner $nless) in addition
to the e,ercise of his ri"hts and powers as a
li#ited partner) he takes part in the control
of the b$siness.
Art. 16-8. After the for#ation of a lifted
partnership) additional li#ited partners #a!
be ad#itted $pon lin" an a#end#ent to
the ori"inal certicate in accordance with the
re3$ire#ents of Article 16/..
Art. 16.:. A "eneral partner shall have all
the ri"hts and powers and be s$b1ect to all
the restrictions and liabilities of a partner in
a partnership witho$t li#ited partners.
<owever) witho$t the written consent or
ratication of the specic act b! all the
li#ited partners) a "eneral partner or all of
the "eneral partners have no a$thorit! to?
(1) Ho an! act in contravention of the
certicate;
(2) Ho an! act which wo$ld #ake it
i#possible to carr! on the ordinar! b$siness
of the partnership;
(*) Confess a 1$d"#ent a"ainst the
partnership;
(-) Possess partnership propert!) or assi"n
their ri"hts in specic partnership propert!)
for other than a partnership p$rpose;
(.) Ad#it a person as a "eneral partner;
(/) Ad#it a person as a li#ited partner)
$nless the ri"ht so to do is "iven in the
certicate;
(2) Contin$e the b$siness with partnership
propert! on the death) retire#ent) insanit!)
civil interdiction or insolvenc! of a "eneral
partner) $nless the ri"ht so to do is "iven in
the certicate.
Art. 16.1. A li#ited partner shall have the
sa#e ri"hts as a "eneral partner to?
(1) <ave the partnership books kept at the
principal place of b$siness of the
partnership) and at a reasonable ho$r to
inspect and cop! an! of the#;
(2) <ave on de#and tr$e and f$ll infor#ation
of all thin"s afectin" the partnership) and a
for#al acco$nt of partnership afairs
whenever circ$#stances render it 1$st and
reasonable; and
(*) <ave dissol$tion and windin" $p b!
decree of co$rt.
A li#ited partner shall have the ri"ht to
receive a share of the prots or other
co#pensation b! wa! of inco#e) and to the
ret$rn of his contrib$tion as provided in
Articles 16./ and 16.2.
Art. 16.2. 5itho$t pre1$dice to the provisions
of Article 16-6) a person who has
contrib$ted to the capital of a b$siness
cond$cted b! a person or partnership
erroneo$sl! believin" that he has beco#e a
li#ited partner in a li#ited partnership) is
not) b! reason of his e,ercise of the ri"hts of
a li#ited partner) a "eneral partner with the
person or in the partnership carr!in" on the
b$siness) or bo$nd b! the obli"ations of s$ch
person or partnership) provided that on
ascertainin" the #istake he pro#ptl!
reno$nces his interest in the prots of the
b$siness) or other co#pensation b! wa! of
inco#e.
Art. 16.*. A person #a! be a "eneral partner
and a li#ited partner in the sa#e
partnership at the sa#e ti#e) provided that
this fact shall be stated in the certicate
provided for in Article 16--.
A person who is a "eneral) and also at the
sa#e ti#e a li#ited partner) shall have all
the ri"hts and powers and be s$b1ect to all
the restrictions of a "eneral partner; e,cept
that) in respect to his contrib$tion) he shall
have the ri"hts a"ainst the other #e#bers
which he wo$ld have had if he were not also
a "eneral partner.
Art. 16.-. A li#ited partner also #a! loan
#one! to and transact other b$siness with
the partnership) and) $nless he is also a
"eneral partner) receive on acco$nt of
res$ltin" clai#s a"ainst the partnership) with
"eneral creditors) a pro rata share of the
assets. 9o li#ited partner shall in respect to
an! s$ch clai#?
(1) 0eceive or hold as collateral sec$rit! and
partnership propert!) or
(2) 0eceive fro# a "eneral partner or the
partnership an! pa!#ent) conve!ance) or
release fro# liabilit! if at the ti#e the assets
of the partnership are not s$&cient to
dischar"e partnership liabilities to persons
not clai#in" as "eneral or li#ited partners.
The receivin" of collateral sec$rit!) or
pa!#ent) conve!ance) or release in violation
of the fore"oin" provisions is a fra$d on the
creditors of the partnership.
Art. 16... 5here there are several li#ited
partners the #e#bers #a! a"ree that one or
#ore of the li#ited partners shall have a
priorit! over other li#ited partners as to the
ret$rn of their contrib$tions) as to their
co#pensation b! wa! of inco#e) or as to an!
other #atter. +f s$ch an a"ree#ent is #ade it
shall be stated in the certicate) and in the
absence of s$ch a state#ent all the li#ited
partners shall stand $pon e3$al footin".
Art. 16./. A li#ited partner #a! receive fro#
the partnership the share of the prots or the
co#pensation b! wa! of inco#e stip$lated
for in the certicate; provided that after s$ch
pa!#ent is #ade) whether fro# propert! 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. 16.2. A li#ited partner shall not receive
fro# a "eneral partner or o$t of partnership
propert! an! part of his contrib$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$tions)
have been paid or there re#ains propert! of
the partnership s$&cient to pa! the#;
(2) The consent of all #e#bers is had) $nless
the ret$rn of the contrib$tion #a! be
ri"htf$ll! de#anded $nder the provisions of
the second para"raph; and
(*) The certicate is cancelled or so
a#ended as to set forth the withdrawal or
red$ction.
C$b1ect to the provisions of the rst
para"raph) a li#ited partner #a! ri"htf$ll!
de#and the ret$rn of his contrib$tion?
(1) %n the dissol$tion of a partnership; or
(2) 5hen the date specied in the certicate
for its ret$rn has arrived) or
(*) After he has si, #onths> notice in writin"
to all other #e#bers) if no ti#e is specied
in the certicate) either for the ret$rn of the
contrib$tion or for the dissol$tion of the
partnership.
+n the absence of an! state#ent in the
certicate to the contrar! or the consent of
all #e#bers) a li#ited partner) irrespective
of the nat$re of his contrib$tion) has onl! the
ri"ht to de#and and receive cash in ret$rn
for his contrib$tion.
A li#ited partner #a! have the partnership
dissolved and its afairs wo$nd $p when?
(1) <e ri"htf$ll! b$t $ns$ccessf$ll! de#ands
the ret$rn of his contrib$tion) or
(2) The other liabilities of the partnership
have not been paid) or the partnership
propert! is ins$&cient for their pa!#ent as
re3$ired b! the rst para"raph) 9o. 1) and
the li#ited partner wo$ld otherwise be
entitled to the ret$rn of his contrib$tion.
Art. 16.6. A li#ited partner is liable to the
partnership?
(1) Dor the diference between his
contrib$tion as act$all! #ade and that
stated in the certicate as havin" been
#ade; and
(2) Dor an! $npaid contrib$tion which he
a"reed in the certicate to #ake in the
f$t$re at the ti#e and on the conditions
stated in the certicate.
A li#ited partner holds as tr$stee for the
partnership?
(1) Cpecic propert! stated in the certicate
as contrib$ted b! hi#) b$t which was not
contrib$ted or which has been wron"f$ll!
ret$rned) and
(2) @one! or other propert! wron"f$ll! paid
or conve!ed to hi# on acco$nt of his
contrib$tion.
The liabilities of a li#ited partner as set forth
in this article can be waived or co#pro#ised
onl! b! the consent of all #e#bers; b$t a
waiver or co#pro#ise shall not afect the
ri"ht of a creditor of a partnership who
e,tended credit or whose clai# arose after
the lin" and before a cancellation or
a#end#ent of the certicate) to enforce
s$ch liabilities.
5hen a contrib$tor has ri"htf$ll! received
the ret$rn in whole or in part of the capital of
his contrib$tion) he is nevertheless liable to
the partnership for an! s$#) not in e,cess of
s$ch ret$rn with interest) necessar! to
dischar"e its liabilities to all creditors who
e,tended credit or whose clai#s arose before
s$ch ret$rn.
Art. 16.8. A li#ited partner>s interest is
assi"nable.
A s$bstit$ted li#ited partner is a person
ad#itted to all the ri"hts of a li#ited partner
who has died or has assi"ned his interest in a
partnership.
An assi"nee) who does not beco#e a
s$bstit$ted li#ited partner) has no ri"ht to
re3$ire an! infor#ation or acco$nt of the
partnership transactions or to inspect the
partnership books; he is onl! entitled to
receive the share of the prots or other
co#pensation b! wa! of inco#e) or the
ret$rn of his contrib$tion) to which his
assi"nor wo$ld otherwise be entitled.
An assi"nee shall have the ri"ht to beco#e a
s$bstit$ted li#ited partner if all the
#e#bers consent thereto or if the assi"nor)
bein" there$nto e#powered b! the
certicate) "ives the assi"nee that ri"ht.
An assi"nee beco#es a s$bstit$ted li#ited
partner when the certicate is appropriatel!
a#ended in accordance with Article 16/..
The s$bstit$ted li#ited partner has all the
ri"hts and powers) and is s$b1ect to all the
restrictions and liabilities of his assi"nor)
e,cept those liabilities of which he was
i"norant at the ti#e he beca#e a li#ited
partner and which co$ld not be ascertained
fro# the certicate.
The s$bstit$tion of the assi"nee as a li#ited
partner does not release the assi"nor fro#
liabilit! to the partnership $nder Articles
16-2 and 16-6.
Art. 16/:. The retire#ent) death) insolvenc!)
insanit! or civil interdiction of a "eneral
partner dissolves the partnership) $nless the
b$siness is contin$ed b! the re#ainin"
"eneral partners?
(1) Bnder a ri"ht so to do stated in the
certicate) or
(2) 5ith the consent of all #e#bers.
Art. 16/1. %n the death of a li#ited partner
his e,ec$tor or ad#inistrator shall have all
the ri"hts of a li#ited partner for the p$rpose
of settin" his estate) and s$ch power as the
deceased had to constit$te his assi"nee a
s$bstit$ted li#ited partner.
The estate of a deceased li#ited partner
shall be liable for all his liabilities as a li#ited
partner.
Art. 16/2. %n d$e application to a co$rt of
co#petent 1$risdiction b! an! creditor of a
li#ited partner) the co$rt #a! char"e the
interest of the indebted li#ited partner with
pa!#ent of the $nsatised a#o$nt of s$ch
clai#) and #a! appoint a receiver) and #ake
all other orders) directions and in3$iries
which the circ$#stances of the case #a!
re3$ire.
The interest #a! be redee#ed with the
separate propert! of an! "eneral partner) b$t
#a! not be redee#ed with partnership
propert!.
The re#edies conferred b! the rst
para"raph shall not be dee#ed e,cl$sive of
others which #a! e,ist.
9othin" in this Chapter shall be held to
deprive a li#ited partner of his stat$tor!
e,e#ption.
Art. 16/*. +n settin" acco$nts after
dissol$tion the liabilities of the partnership
shall be entitled to pa!#ent in the followin"
order?
(1) Those to creditors) in the order of priorit!
as provided b! law) e,cept those to li#ited
partners on acco$nt of their contrib$tions)
and to "eneral partners;
(2) Those to li#ited partners in respect to
their share of the prots and other
co#pensation b! wa! of inco#e on their
contrib$tions;
(*) Those to li#ited partners in respect to
the capital of their contrib$tions;
(-) Those to "eneral partners other than for
capital and prots;
(.) Those to "eneral partners in respect to
prots;
(/) Those to "eneral partners in respect to
capital.
C$b1ect to an! state#ent in the certicate or
to s$bse3$ent a"ree#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 prots or for co#pensation
b! wa! of inco#e on their contrib$tion
respectivel!) in proportion to the respective
a#o$nts of s$ch clai#s.
Art. 16/-. The certicate shall be cancelled
when the partnership is dissolved or all
li#ited partners cease to be s$ch.
A certicate shall be a#ended when?
(1) There is a chan"e in the na#e of the
partnership or in the a#o$nt or character of
the contrib$tion of an! li#ited partner;
(2) A person is s$bstit$ted as a li#ited
partner;
(*) An additional li#ited partner is ad#itted;
(-) A person is ad#itted as a "eneral
partner;
(.) A "eneral partner retires) dies) beco#es
insolvent or insane) or is sentenced to civil
interdiction and the b$siness is contin$ed
$nder Article 16/:;
(/) There is a chan"e in the character of the
b$siness of the partnership;
(2) There is a false or erroneo$s state#ent in
the certicate;
(6) There is a chan"e in the ti#e as stated in
the certicate for the dissol$tion of the
partnership or for the ret$rn of a
contrib$tion;
(8) A ti#e is ,ed for the dissol$tion of the
partnership) or the ret$rn of a contrib$tion)
no ti#e havin" been specied in the
certicate) or
(1:) The #e#bers desire to #ake a chan"e
in an! other state#ent in the certicate in
order that it shall acc$ratel! represent the
a"ree#ent a#on" the#.
Art. 16/.. The writin" to a#end a certicate
shall?
(1) Confor# to the re3$ire#ents of Article
16-- as far as necessar! to set forth clearl!
the chan"e in the certicate which it is
desired to #ake; and
(2) Fe si"ned and sworn to b! all #e#bers)
and an a#end#ent s$bstit$tin" a li#ited
partner or addin" a li#ited or "eneral
partner shall be si"ned also b! the #e#ber
to be s$bstit$ted or added) and when a
li#ited partner is to be s$bstit$ted) the
a#end#ent shall also be si"ned b! the
assi"nin" li#ited partner.
The writin" to cancel a certicate shall be
si"ned b! all #e#bers.
A person desirin" the cancellation or
a#end#ent of a certicate) if an! person
desi"nated in the rst and second
para"raphs as a person who #$st e,ec$te
the writin" ref$ses to do so) #a! petition the
co$rt to order a cancellation or a#end#ent
thereof.
+f the co$rt nds that the petitioner has a
ri"ht to have the writin" e,ec$ted b! a
person who ref$ses to do so) it shall order
the %&ce of the Cec$rities and =,chan"e
Co##ission where the certicate is
recorded) to record the cancellation or
a#end#ent of the certicate; and when the
certicate is to be a#ended) the co$rt shall
also ca$se to be led for record in said o&ce
a certied cop! of its decree settin" forth the
a#end#ent.
A certicate is a#ended or cancelled when
there is led for record in the %&ce of the
Cec$rities and =,chan"e Co##ission) where
the certicate is recorded?
(1) A writin" in accordance with the
provisions of the rst or second para"raph)
or
(2) A certied cop! of the order of the co$rt
in accordance with the provisions of the
fo$rth para"raph;
(*) After the certicate is d$l! a#ended in
accordance with this article) the a#ended
certied shall thereafter be for all p$rposes
the certicate provided for in this Chapter.
Art. 16//. A contrib$tor) $nless he is a
"eneral partner) is not a proper part! to
proceedin"s b! or a"ainst a partnership)
e,cept where the ob1ect is to enforce a
li#ited partner>s ri"ht a"ainst or liabilit! to
the partnership.
Art. 16/2. A li#ited partnership for#ed
$nder the law prior to the efectivit! of this
Code) #a! beco#e a li#ited partnership
$nder this Chapter b! co#pl!in" with the
provisions of Article 16--) provided the
certicate sets forth?
(1) The a#o$nt of the ori"inal contrib$tion of
each li#ited partner) and the ti#e when the
contrib$tion was #ade; and
(2) That the propert! of the partnership
e,ceeds the a#o$nt s$&cient to dischar"e
its liabilities to persons not clai#in" as
"eneral or li#ited partners b! 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 efectivit! of this Code) $ntil or
$nless it beco#es a li#ited partnership
$nder this Chapter) shall contin$e to be
"overned b! the provisions of the old law.

Title K. 4 A'=9CJ

C<APT=0 1
9ATB0=) D%0@ A9H L+9HC %D A'=9CJ

Art. 16/6. F! the contract of a"enc! 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$thorit! of the latter. (12:8a)
Art. 16/8. A"enc! #a! be e,press) or
i#plied fro# the acts of the principal) fro#
his silence or lack of action) or his fail$re to
rep$diate the a"enc!) knowin" that another
person is actin" on his behalf witho$t
a$thorit!.
A"enc! #a! be oral) $nless the law re3$ires
a specic for#. (121:a)
Art. 162:. Acceptance b! the a"ent #a! also
be e,press) or i#plied fro# his acts which
carr! o$t the a"enc!) or fro# his silence or
inaction accordin" to the circ$#stances. (n)
Art. 1621. Fetween persons who are present)
the acceptance of the a"enc! #a! also be
i#plied if the principal delivers his power of
attorne! to the a"ent and the latter receives
it witho$t an! ob1ection. (n)
Art. 1622. Fetween persons who are absent)
the acceptance of the a"enc! cannot be
i#plied fro# the silence of the a"ent) e,cept?
(1) 5hen the principal trans#its his power of
attorne! to the a"ent) who receives it
witho$t an! ob1ection;
(2) 5hen the principal entr$sts to hi# b!
letter or tele"ra# a power of attorne! with
respect to the b$siness in which he is
habit$all! en"a"ed as an a"ent) and he did
not repl! to the letter or tele"ra#. (n)
Art. 162*. +f a person speciall! infor#s
another or states b! p$blic advertise#ent
that he has "iven a power of attorne! to a
third person) the latter thereb! beco#es a
d$l! a$thori(ed a"ent) in the for#er case
with respect to the person who received the
special infor#ation) and in the latter case
with re"ard to an! person.
The power shall contin$e to be in f$ll force
$ntil the notice is rescinded in the sa#e
#anner in which it was "iven. (n)
Art. 162-. 5hen a sale of a piece of land or
an! interest therein is thro$"h an a"ent) the
a$thorit! of the latter shall be in writin";
otherwise) the sale shall be void. (n)
Art. 162.. A"enc! is pres$#ed to be for a
co#pensation) $nless there is proof to the
contrar!. (n)
Art. 162/. An a"enc! is either "eneral or
special.
The for#er co#prises all the b$siness of the
principal. The latter) one or #ore specic
transactions. (1212)
Art. 1622. An a"enc! co$ched in "eneral
ter#s co#prises onl! acts of ad#inistration)
even if the principal sho$ld state that he
withholds no power or that the a"ent #a!
e,ec$te s$ch acts as he #a! consider
appropriate) or even tho$"h the a"enc!
sho$ld a$thori(e a "eneral and $nli#ited
#ana"e#ent. (n)
Art. 1626. Cpecial powers of attorne! are
necessar! in the followin" cases?
(1) To #ake s$ch pa!#ents as are not
$s$all! considered as acts of ad#inistration;
(2) To efect novations which p$t an end to
obli"ations alread! in e,istence at the ti#e
the a"enc! was constit$ted;
(*) To co#pro#ise) to s$b#it 3$estions to
arbitration) to reno$nce the ri"ht to appeal
fro# a 1$d"#ent) to waive ob1ections to the
ven$e of an action or to abandon a
prescription alread! ac3$ired;
(-) To waive an! obli"ation "rat$ito$sl!;
(.) To enter into an! contract b! which the
ownership of an i##ovable is trans#itted or
ac3$ired either "rat$ito$sl! or for a val$able
consideration;
(/) To #ake "ifts) e,cept c$sto#ar! ones for
charit! or those #ade to e#plo!ees in the
b$siness #ana"ed b! the a"ent;
(2) To loan or borrow #one!) $nless the
latter act be $r"ent and indispensable for the
preservation of the thin"s which are $nder
ad#inistration;
(6) To lease an! real propert! to another
person for #ore than one !ear;
(8) To bind the principal to render so#e
service witho$t co#pensation;
(1:) To bind the principal in a contract of
partnership;
(11) To obli"ate the principal as a "$arantor
or s$ret!;
(12) To create or conve! real ri"hts over
i##ovable propert!;
(1*) To accept or rep$diate an inheritance;
(1-) To ratif! or reco"ni(e obli"ations
contracted before the a"enc!;
(1.) An! other act of strict do#inion. (n)
Art. 1628. A special power to sell e,cl$des
the power to #ort"a"e; and a special power
to #ort"a"e does not incl$de the power to
sell. (n)
Art. 166:. A special power to co#pro#ise
does not a$thori(e s$b#ission to arbitration.
(121*a)
Art. 1661. The a"ent #$st act within the
scope of his a$thorit!. <e #a! do s$ch acts
as #a! be cond$cive to the acco#plish#ent
of the p$rpose of the a"enc!. (121-a)
Art. 1662. The li#its of the a"ent>s a$thorit!
shall not be considered e,ceeded sho$ld it
have been perfor#ed in a #anner #ore
advanta"eo$s to the principal than that
specied b! hi#. (121.)
Art. 166*. +f an a"ent acts in his own na#e)
the principal has no ri"ht of action a"ainst
the persons with who# the a"ent has
contracted; neither have s$ch persons
a"ainst the principal.
+n s$ch case the a"ent is the one directl!
bo$nd in favor of the person with who# he
has contracted) as if the transaction were his
own) e,cept when the contract involves
thin"s belon"in" to the principal.
The provisions of this article shall be
$nderstood to be witho$t pre1$dice to the
actions between the principal and a"ent.
(1212)

C<APT=0 2
%FL+'AT+%9C %D T<= A'=9T

Art. 166-. The a"ent is bo$nd b! his
acceptance to carr! o$t the a"enc!) and is
liable for the da#a"es which) thro$"h his
non4perfor#ance) the principal #a! s$fer.
<e #$st also nish the b$siness alread!
be"$n on the death of the principal) sho$ld
dela! entail an! dan"er. (1216)
Art. 166.. +n case a person declines an
a"enc!) he is bo$nd to observe the dili"ence
of a "ood father of a fa#il! in the c$stod!
and preservation of the "oods forwarded to
hi# b! the owner $ntil the latter sho$ld
appoint an a"ent or take char"e of the
"oods. (n)
Art. 166/. Cho$ld there be a stip$lation that
the a"ent shall advance the necessar! f$nds)
he shall be bo$nd to do so e,cept when the
principal is insolvent. (n)
Art. 1662. +n the e,ec$tion of the a"enc!) the
a"ent shall act in accordance with the
instr$ctions of the principal.
+n defa$lt thereof) he shall do all that a "ood
father of a fa#il! wo$ld do) as re3$ired b!
the nat$re of the b$siness. (1218)
Art. 1666. An a"ent shall not carr! o$t an
a"enc! if its e,ec$tion wo$ld #anifestl!
res$lt in loss or da#a"e to the principal. (n)
Art. 1668. The a"ent shall be liable for
da#a"es if) there bein" a conEict between
his interests and those of the principal) he
sho$ld prefer his own. (n)
Art. 168:. +f the a"ent has been e#powered
to borrow #one!) he #a! hi#self be the
lender at the c$rrent rate of interest. +f he
has been a$thori(ed to lend #one! at
interest) he cannot borrow it witho$t the
consent of the principal. (n)
Art. 1681. =ver! a"ent is bo$nd to render an
acco$nt of his transactions and to deliver to
the principal whatever he #a! have received
b! virt$e of the a"enc!) even tho$"h it #a!
not be owin" to the principal.
=ver! stip$lation e,e#ptin" the a"ent fro#
the obli"ation to render an acco$nt shall be
void. (122:a)
Art. 1682. The a"ent #a! appoint a
s$bstit$te if the principal has not prohibited
hi# fro# doin" so; b$t he shall be
responsible for the acts of the s$bstit$te?
(1) 5hen he was not "iven the power to
appoint one;
(2) 5hen he was "iven s$ch power) b$t
witho$t desi"natin" the person) and the
person appointed was notorio$sl!
inco#petent or insolvent.
All acts of the s$bstit$te appointed a"ainst
the prohibition of the principal shall be void.
(1221)
Art. 168*. +n the cases #entioned in 9os. 1
and 2 of the precedin" article) the principal
#a! f$rther#ore brin" an action a"ainst the
s$bstit$te with respect to the obli"ations
which the latter has contracted $nder the
s$bstit$tion. (1222a)
Art. 168-. The responsibilit! of two or #ore
a"ents) even tho$"h the! have been
appointed si#$ltaneo$sl!) is not solidar!) if
solidarit! has not been e,pressl! stip$lated.
(122*)
Art. 168.. +f solidarit! has been a"reed $pon)
each of the a"ents is responsible for the non4
f$lll#ent of a"enc!) and for the fa$lt or
ne"li"ence of his fellows a"ents) e,cept in
the latter case when the fellow a"ents acted
be!ond the scope of their a$thorit!. (n)
Art. 168/. The a"ent owes interest on the
s$#s he has applied to his own $se fro# the
da! on which he did so) and on those which
he still owes after the e,tin"$ish#ent of the
a"enc!. (122-a)
Art. 1682. The a"ent who acts as s$ch is not
personall! liable to the part! with who# he
contracts) $nless he e,pressl! binds hi#self
or e,ceeds the li#its of his a$thorit! witho$t
"ivin" s$ch part! s$&cient notice of his
powers. (122.)
Art. 1686. +f the a"ent contracts in the na#e
of the principal) e,ceedin" the scope of his
a$thorit!) and the principal does not ratif!
the contract) it shall be void if the part! with
who# the a"ent contracted is aware of the
li#its of the powers "ranted b! the principal.
+n this case) however) the a"ent is liable if he
$ndertook to sec$re the principal>s
ratication. (n)
Art. 1688. +f a d$l! a$thori(ed a"ent acts in
accordance with the orders of the principal)
the latter cannot set $p the i"norance of the
a"ent as to circ$#stances whereof he
hi#self was) or o$"ht to have been) aware.
(n)
Art. 18::. Co far as third persons are
concerned) an act is dee#ed to have been
perfor#ed within the scope of the a"ent>s
a$thorit!) if s$ch act is within the ter#s of
the power of attorne!) as written) even if the
a"ent has in fact e,ceeded the li#its of his
a$thorit! accordin" to an $nderstandin"
between the principal and the a"ent. (n)
Art. 18:1. A third person cannot set $p the
fact that the a"ent has e,ceeded his powers)
if the principal has ratied) or has si"nied
his willin"ness to ratif! the a"ent>s acts. (n)
Art. 18:2. A third person with who# the
a"ent wishes to contract on behalf of the
principal #a! re3$ire the presentation of the
power of attorne!) or the instr$ctions as
re"ards the a"enc!. Private or secret orders
and instr$ctions of the principal do not
pre1$dice third persons who have relied $pon
the power of attorne! or instr$ctions shown
the#. (n)
Art. 18:*. The co##ission a"ent shall be
responsible for the "oods received b! hi# in
the ter#s and conditions and as described in
the consi"n#ent) $nless $pon receivin"
the# he sho$ld #ake a written state#ent of
the da#a"e and deterioration s$fered b!
the sa#e. (n)
Art. 18:-. The co##ission a"ent who
handles "oods of the sa#e kind and #ark)
which belon" to diferent owners) shall
distin"$ish the# b! co$nter#arks) and
desi"nate the #erchandise respectivel!
belon"in" to each principal. (n)
Art. 18:.. The co##ission a"ent cannot)
witho$t the e,press or i#plied consent of the
principal) sell on credit. Cho$ld he do so) the
principal #a! de#and fro# hi# pa!#ent in
cash) b$t the co##ission a"ent shall be
entitled to an! interest or benet) which #a!
res$lt fro# s$ch sale. (n)
Art. 18:/. Cho$ld the co##ission a"ent)
with a$thorit! of the principal) sell on credit)
he shall so infor# the principal) with a
state#ent of the na#es of the b$!ers.
Cho$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. 18:2. Cho$ld the co##ission a"ent
receive on a sale) in addition to the ordinar!
co##ission) another called a "$arantee
co##ission) he shall bear the risk of
collection and shall pa! the principal the
proceeds of the sale on the sa#e ter#s
a"reed $pon with the p$rchaser. (n)
Art. 18:6. The co##ission a"ent who does
not collect the credits of his principal at the
ti#e when the! beco#e d$e and
de#andable shall be liable for da#a"es)
$nless he proves that he e,ercised d$e
dili"ence for that p$rpose. (n)
Art. 18:8. The a"ent is responsible not onl!
for fra$d) b$t also for ne"li"ence) which shall
be 1$d"ed with #ore or less ri"or b! the
co$rts) accordin" to whether the a"enc! was
or was not for a co#pensation. (122/)

C<APT=0 *
%FL+'AT+%9C %D T<= P0+9C+PAL

Art. 181:. The principal #$st co#pl! with all
the obli"ations which the a"ent #a! have
contracted within the scope of his a$thorit!.
As for an! obli"ation wherein the a"ent has
e,ceeded his power) the principal is not
bo$nd e,cept when he raties it e,pressl! or
tacitl!. (1222)
Art. 1811. =ven when the a"ent has
e,ceeded his a$thorit!) the principal is
solidaril! liable with the a"ent if the for#er
allowed the latter to act as tho$"h he had
f$ll powers. (n)
Art. 1812. The principal #$st advance to the
a"ent) sho$ld the latter so re3$est) the s$#s
necessar! for the e,ec$tion of the a"enc!.
Cho$ld the a"ent have advanced the#) the
principal #$st rei#b$rse hi# therefor) even
if the b$siness or $ndertakin" was not
s$ccessf$l) provided the a"ent is free fro#
all fa$lt.
The rei#b$rse#ent shall incl$de interest on
the s$#s advanced) fro# the da! on which
the advance was #ade. (1226)
Art. 181*. The principal #$st also inde#nif!
the a"ent for all the da#a"es which the
e,ec$tion of the a"enc! #a! have ca$sed
the latter) witho$t fa$lt or ne"li"ence on his
part. (1228)
Art. 181-. The a"ent #a! retain in pled"e
the thin"s which are the ob1ect of the a"enc!
$ntil the principal efects the rei#b$rse#ent
and pa!s the inde#nit! set forth in the two
precedin" articles. (12*:)
Art. 181.. +f two or #ore persons have
appointed an a"ent for a co##on
transaction or $ndertakin") the! shall be
solidaril! liable to the a"ent for all the
conse3$ences of the a"enc!. (12*1)
Art. 181/. 5hen two persons contract with
re"ard to the sa#e thin") one of the# with
the a"ent and the other with the principal)
and the two contracts are inco#patible with
each other) that of prior date shall be
preferred) witho$t pre1$dice to the provisions
of Article 1.--. (n)
Art. 1812. +n the case referred to in the
precedin" article) if the a"ent has acted in
"ood faith) the principal shall be liable in
da#a"es to the third person whose contract
#$st be re1ected. +f the a"ent acted in bad
faith) he alone shall be responsible. (n)
Art. 1816. The principal is not liable for the
e,penses inc$rred b! the a"ent in the
followin" cases?
(1) +f the a"ent acted in contravention of the
principal>s instr$ctions) $nless the latter
sho$ld wish to avail hi#self of the benets
derived fro# the contract;
(2) 5hen the e,penses were d$e to the fa$lt
of the a"ent;
(*) 5hen the a"ent inc$rred the# with
knowled"e that an $nfavorable res$lt wo$ld
ens$e) if the principal was not aware thereof;
(-) 5hen it was stip$lated that the e,penses
wo$ld be borne b! the a"ent) or that the
latter wo$ld be allowed onl! a certain s$#.
(n)

C<APT=0 -
@%H=C %D =KT+9'B+C<@=9T %D A'=9CJ

Art. 1818. A"enc! is e,tin"$ished?
(1) F! its revocation;
(2) F! the withdrawal of the a"ent;
(*) F! the death) civil interdiction) insanit! or
insolvenc! of the principal or of the a"ent;
(-) F! the dissol$tion of the r# or
corporation which entr$sted or accepted the
a"enc!;
(.) F! the acco#plish#ent of the ob1ect or
p$rpose of the a"enc!;
(/) F! the e,piration of the period for which
the a"enc! was constit$ted. (12*2a)
Art. 182:. The principal #a! revoke the
a"enc! at will) and co#pel the a"ent to
ret$rn the doc$#ent evidencin" the a"enc!.
C$ch revocation #a! be e,press or i#plied.
(12**a)
Art. 1821. +f the a"enc! has been entr$sted
for the p$rpose of contractin" with specied
persons) its revocation shall not pre1$dice the
latter if the! were not "iven notice thereof.
(12*-)
Art. 1822. +f the a"ent had "eneral powers)
revocation of the a"enc! does not pre1$dice
third persons who acted in "ood faith and
witho$t knowled"e of the revocation. 9otice
of the revocation in a newspaper of "eneral
circ$lation is a s$&cient warnin" to third
persons. (n)
Art. 182*. The appoint#ent of a new a"ent
for the sa#e b$siness or transaction revokes
the previo$s a"enc! fro# the da! on which
notice thereof was "iven to the for#er a"ent)
witho$t pre1$dice to the provisions of the two
precedin" articles. (12*.a)
Art. 182-. The a"enc! is revoked if the
principal directl! #ana"es the b$siness
entr$sted to the a"ent) dealin" directl! with
third persons. (n)
Art. 182.. 5hen two or #ore principals have
"ranted a power of attorne! for a co##on
transaction) an! one of the# #a! revoke the
sa#e witho$t the consent of the others. (n)
Art. 182/. A "eneral power of attorne! is
revoked b! a special one "ranted to another
a"ent) as re"ards the special #atter involved
in the latter. (n)
Art. 1822. An a"enc! cannot be revoked if a
bilateral contract depends $pon it) or if it is
the #eans of f$lllin" an obli"ation alread!
contracted) or if a partner is appointed
#ana"er of a partnership in the contract of
partnership and his re#oval fro# the
#ana"e#ent is $n1$stiable. (n)
Art. 1826. The a"ent #a! withdraw fro# the
a"enc! b! "ivin" d$e notice to the principal.
+f the latter sho$ld s$fer an! da#a"e b!
reason of the withdrawal) the a"ent #$st
inde#nif! hi# therefor) $nless the a"ent
sho$ld base his withdrawal $pon the
i#possibilit! of contin$in" the perfor#ance
of the a"enc! witho$t "rave detri#ent to
hi#self. (12*/a)
Art. 1828. The a"ent) even if he sho$ld
withdraw fro# the a"enc! for a valid reason)
#$st contin$e to act $ntil the principal has
had reasonable opport$nit! to take the
necessar! steps to #eet the sit$ation.
(12*2a)
Art. 18*:. The a"enc! shall re#ain in f$ll
force and efect even after the death of the
principal) if it has been constit$ted in the
co##on interest of the latter and of the
a"ent) or in the interest of a third person who
has accepted the stip$lation in his favor. (n)
Art. 18*1. An!thin" done b! the a"ent)
witho$t knowled"e of the death of the
principal or of an! other ca$se which
e,tin"$ishes the a"enc!) is valid and shall be
f$ll! efective with respect to third persons
who #a! have contracted with hi# in "ood
faith. (12*6)
Art. 18*2. +f the a"ent dies) his heirs #$st
notif! the principal thereof) and in the
#eanti#e adopt s$ch #eas$res as the
circ$#stances #a! de#and in the interest of
the latter. (12*8)

Title K+. 4 L%A9

'=9=0AL P0%A+C+%9C

Art. 18**. F! the contract of loan) one of the
parties delivers to another) either so#ethin"
not cons$#able so that the latter #a! $se
the sa#e for a certain ti#e and ret$rn it) in
which case the contract is called a
co##odat$#; or #one! or other
cons$#able thin") $pon the condition that
the sa#e a#o$nt of the sa#e kind and
3$alit! shall be paid) in which case the
contract is si#pl! called a loan or #$t$$#.
Co##odat$# is essentiall! "rat$ito$s.
Ci#ple loan #a! be "rat$ito$s or with a
stip$lation to pa! interest.
+n co##odat$# the bailor retains the
ownership of the thin" loaned) while in
si#ple loan) ownership passes to the
borrower. (12-:a)
Art. 18*-. An accepted pro#ise to deliver
so#ethin" b! wa! of co##odat$# or si#ple
loan is bindin" $pon parties) b$t the
co##odat$# or si#ple loan itself shall not
be perfected $ntil the deliver! of the ob1ect
of the contract. (n)

C<APT=0 1
C%@@%HATB@

C=CT+%9 1 4 9at$re of Co##odat$#

Art. 18*.. The bailee in co##odat$#
ac3$ires the $sed of the thin" loaned b$t not
its fr$its; if an! co#pensation is to be paid
b! hi# who ac3$ires the $se) the contract
ceases to be a co##odat$#. (18-1a)
Art. 18*/. Cons$#able "oods #a! be the
s$b1ect of co##odat$# if the p$rpose of the
contract is not the cons$#ption of the
ob1ect) as when it is #erel! for e,hibition. (n)
Art. 18*2. @ovable or i##ovable propert!
#a! be the ob1ect of co##odat$#. (n)
Art. 18*6. The bailor in co##odat$# need
not be the owner of the thin" loaned. (n)
Art. 18*8. Co##odat$# is p$rel! personal in
character. Conse3$entl!?
(1) The death of either the bailor or the
bailee e,tin"$ishes the contract;
(2) The bailee can neither lend nor lease the
ob1ect of the contract to a third person.
<owever) the #e#bers of the bailee>s
ho$sehold #a! #ake $se of the thin"
loaned) $nless there is a stip$lation to the
contrar!) or $nless the nat$re of the thin"
forbids s$ch $se. (n)
Art. 18-:. A stip$lation that the bailee #a!
#ake $se of the fr$its of the thin" loaned is
valid. (n)

C=CT+%9 2. 4 %bli"ations of the Failee

Art. 18-1. The bailee is obli"ed to pa! for the
ordinar! e,penses for the $se and
preservation of the thin" loaned. (12-*a)
Art. 18-2. The bailee is liable for the loss of
the thin") even if it sho$ld be thro$"h a
fort$ito$s event?
(1) +f he devotes the thin" to an! p$rpose
diferent fro# that for which it has been
loaned;
(2) +f he keeps it lon"er than the period
stip$lated) or after the acco#plish#ent of
the $se for which the co##odat$# has been
constit$ted;
(*) +f the thin" loaned has been delivered
with appraisal of its val$e) $nless there is a
stip$lation e,e#ption the bailee fro#
responsibilit! in case of a fort$ito$s event;
(-) +f he lends or leases the thin" to a third
person) who is not a #e#ber of his
ho$sehold;
(.) +f) bein" able to save either the thin"
borrowed or his own thin") he chose to save
the latter. (12--a and 12-.)
Art. 18-*. The bailee does not answer for the
deterioration of the thin" loaned d$e onl! to
the $se thereof and witho$t his fa$lt. (12-/)
Art. 18--. The bailee cannot retain the thin"
loaned on the "ro$nd that the bailor owes
hi# so#ethin") even tho$"h it #a! be b!
reason of e,penses. <owever) the bailee has
a ri"ht of retention for da#a"es #entioned
in Article 18.1. (12-2a)
Art. 18-.. 5hen there are two or #ore
bailees to who# a thin" is loaned in the
sa#e contract) the! are liable solidaril!.
(12-6a)

C=CT+%9 *. 4 %bli"ations of the Failor

Art. 18-/. 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$ted.
<owever) if in the #eanti#e) he sho$ld have
$r"ent need of the thin") he #a! de#and its
ret$rn or te#porar! $se.
+n case of te#porar! $se b! the bailor) the
contract of co##odat$# is s$spended while
the thin" is in the possession of the bailor.
(12-8a)
Art. 18-2. The bailor #a! de#and the thin"
at will) and the contract$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$lated; or
(2) +f the $se of the thin" is #erel! tolerated
b! the owner. (12.:a)
Art. 18-6. The bailor #a! de#and the
i##ediate ret$rn of the thin" if the bailee
co##its an! act of in"ratit$de specied in
Article 2/.. (n)
Art. 18-8. The bailor shall ref$nd the
e,traordinar! e,penses d$rin" the contract
for the preservation of the thin" loaned)
provided the bailee brin"s the sa#e to the
knowled"e of the bailor before inc$rrin"
the#) e,cept when the! are so $r"ent that
the repl! to the notication cannot be
awaited witho$t dan"er.
+f the e,traordinar! e,penses arise on the
occasion of the act$al $se of the thin" b! the
bailee) even tho$"h he acted witho$t fa$lt)
the! shall be borne e3$all! b! both the bailor
and the bailee) $nless there is a stip$lation
to the contrar!. (12.1a)
Art. 18.:. +f) for the p$rpose of #akin" $se
of the thin") the bailee inc$rs e,penses other
than those referred to in Articles 18-1 and
18-8) he is not entitled to rei#b$rse#ent.
(n)
Art. 18.1. The bailor who) knowin" the Eaws
of the thin" loaned) does not advise the
bailee of the sa#e) shall be liable to the
latter for the da#a"es which he #a! s$fer
b! reason thereof. (12.2)
Art. 18.2. The bailor cannot e,e#pt hi#self
fro# the pa!#ent of e,penses or da#a"es
b! abandonin" the thin" to the bailee. (n)

C<APT=0 2
C+@PL= L%A9 %0 @BTBB@

Art. 18.*. A person who receives a loan of
#one! or an! other f$n"ible thin" ac3$ires
the ownership thereof) and is bo$nd to pa!
to the creditor an e3$al a#o$nt of the sa#e
kind and 3$alit!. (12.*a)
Art. 18.-. A contract whereb! one person
transfers the ownership of non4f$n"ible
thin"s to another with the obli"ation on the
part of the latter to "ive thin"s of the sa#e
kind) 3$antit!) and 3$alit! shall be
considered a barter. (n)
Art. 18... The obli"ation of a person who
borrows #one! shall be "overned b! the
provisions of Articles 12-8 and 12.: of this
Code.
+f what was loaned is a f$n"ible thin" other
than #one!) the debtor owes another thin"
of the sa#e kind) 3$antit! and 3$alit!) even
if it sho$ld chan"e in val$e. +n case it is
i#possible to deliver the sa#e kind) its val$e
at the ti#e of the perfection of the loan shall
be paid. (12.-a)
Art. 18./. 9o interest shall be d$e $nless it
has been e,pressl! stip$lated in writin".
(12..a)
Art. 18.2. Contracts and stip$lations) $nder
an! cloak or device whatever) intended to
circ$#vent the laws a"ainst $s$r! shall be
void. The borrower #a! recover in
accordance with the laws on $s$r!. (n)
Art. 18.6. +n the deter#ination of the
interest) if it is pa!able in kind) its val$e shall
be appraised at the c$rrent price of the
prod$cts or "oods at the ti#e and place of
pa!#ent. (n)
Art. 18.8. 5itho$t pre1$dice to the provisions
of Article 2212) interest d$e and $npaid shall
not earn interest. <owever) the contractin"
parties #a! b! stip$lation capitali(e the
interest d$e and $npaid) which as added
principal) shall earn new interest. (n)
Art. 18/:. +f the borrower pa!s interest when
there has been no stip$lation therefor) the
provisions of this Code concernin" sol$tio
indebiti) or nat$ral obli"ations) shall be
applied) as the case #a! be. (n)
Art. 18/1. Bs$rio$s contracts shall be
"overned b! the Bs$r! Law and other special
laws) so far as the! are not inconsistent with
this Code. (n)

Title K++. 4 H=P%C+T

C<APT=0 1
H=P%C+T +9 '=9=0AL A9H +TC H+DD=0=9T
L+9HC

Art. 18/2. A deposit is constit$ted fro# the
#o#ent a person receives a thin" belon"in"
to another) with the obli"ation of safel!
keepin" it and of ret$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. (12.6a)
Art. 18/*. An a"ree#ent to constit$te a
deposit is bindin") b$t the deposit itself is
not perfected $ntil the deliver! of the thin".
(n)
Art. 18/-. A deposit #a! be constit$ted
1$diciall! or e,tra1$diciall!. (12.8)
Art. 18/.. A deposit is a "rat$ito$s contract)
e,cept when there is an a"ree#ent to the
contrar!) or $nless the depositar! is en"a"ed
in the b$siness of storin" "oods. (12/:a)
Art. 18//. %nl! #ovable thin"s #a! be the
ob1ect of a deposit. (12/1)
Art. 18/2. An e,tra1$dicial deposit is either
vol$ntar! or necessar!. (12/2)

C<APT=0 2
A%LB9TA0J H=P%C+T

C=CT+%9 1. 4 'eneral Provisions

Art. 18/6. A vol$ntar! deposit is that wherein
the deliver! is #ade b! the will of the
depositor. A deposit #a! also be #ade b!
two or #ore persons each of who# believes
hi#self entitled to the thin" deposited with a
third person) who shall deliver it in a proper
case to the one to who# it belon"s. (12/*)
Art. 18/8. A contract of deposit #a! be
entered into orall! or in writin". (n)
Art. 182:. +f a person havin" capacit! to
contract accepts a deposit #ade b! one who
is incapacitated) the for#er shall be s$b1ect
to all the obli"ations of a depositar!) and
#a! be co#pelled to ret$rn the thin" b! the
"$ardian) or ad#inistrator) of the person who
#ade the deposit) or b! the latter hi#self if
he sho$ld ac3$ire capacit!. (12/-)
Art. 1821. +f the deposit has been #ade b! a
capacitated person with another who is not)
the depositor shall onl! have an action to
recover the thin" deposited while it is still in
the possession of the depositar!) or to
co#pel the latter to pa! hi# the a#o$nt b!
which he #a! have enriched or beneted
hi#self with the thin" or its price. <owever)
if a third person who ac3$ired the thin"
acted in bad faith) the depositor #a! brin"
an action a"ainst hi# for its recover!.
(12/.a)

C=CT+%9 2. 4 %bli"ations of the Hepositar!

Art. 1822. The depositar! is obli"ed to keep
the thin" safel! and to ret$rn it) when
re3$ired) to the depositor) or to his heirs and
s$ccessors) or to the person who #a! have
been desi"nated in the contract. <is
responsibilit!) with re"ard to the safekeepin"
and the loss of the thin") shall be "overned
b! the provisions of Title + of this Fook.
+f the deposit is "rat$ito$s) this fact shall be
taken into acco$nt in deter#inin" the de"ree
of care that the depositar! #$st observe.
(12//a)
Art. 182*. Bnless there is a stip$lation to the
contrar!) the depositar! cannot deposit the
thin" with a third person. +f deposit with a
third person is allowed) the depositar! is
liable for the loss if he deposited the thin"
with a person who is #anifestl! careless or
$nt. The depositar! is responsible for the
ne"li"ence of his e#plo!ees. (n)
Art. 182-. The depositar! #a! chan"e the
wa! of the deposit if $nder the
circ$#stances he #a! reasonabl! pres$#e
that the depositor wo$ld consent to the
chan"e if he knew of the facts of the
sit$ation. <owever) before the depositar!
#a! #ake s$ch chan"e) he shall notif! the
depositor thereof and wait for his decision)
$nless dela! wo$ld ca$se dan"er. (n)
Art. 182.. The depositar! holdin"
certicates) bonds) sec$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 #a! be necessar! in order that
the sec$rities #a! preserve their val$e and
the ri"hts correspondin" to the# accordin"
to law.
The above provision shall not appl! to
contracts for the rent of safet! deposit
bo,es. (n)
Art. 182/. Bnless there is a stip$lation to the
contrar!) the depositar! #a! co##in"le
"rain or other articles of the sa#e kind and
3$alit!) in which case the vario$s depositors
shall own or have a proportionate interest in
the #ass. (n)
Art. 1822. The depositar! cannot #ake $se
of the thin" deposited witho$t the e,press
per#ission of the depositor.
%therwise) he shall be liable for da#a"es.
<owever) when the preservation of the thin"
deposited re3$ires its $se) it #$st be $sed
b$t onl! for that p$rpose. (12/2a)
Art. 1826. 5hen the depositar! 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 #$st be proved. (12/6a)
Art. 1828. The depositar! is liable for the loss
of the thin" thro$"h a fort$ito$s event?
(1) +f it is so stip$lated;
(2) +f he $ses the thin" witho$t the
depositor>s per#ission;
(*) +f he dela!s its ret$rn;
(-) +f he allows others to $se it) even tho$"h
he hi#self #a! have been a$thori(ed to $se
the sa#e. (n)
Art. 186:. Di,ed) savin"s) and c$rrent
deposits of #one! in banks and si#ilar
instit$tions shall be "overned b! the
provisions concernin" si#ple loan. (n)
Art. 1861. 5hen the thin" deposited is
delivered closed and sealed) the depositar!
#$st ret$rn it in the sa#e condition) and he
shall be liable for da#a"es sho$ld the seal or
lock be broken thro$"h his fa$lt.
Da$lt on the part of the depositar! is
pres$#ed) $nless there is proof to the
contrar!.
As re"ards the val$e of the thin" deposited)
the state#ent of the depositor shall be
accepted) when the forcible openin" is
i#p$table to the depositar!) sho$ld there be
no proof to the contrar!. <owever) the co$rts
#a! pass $pon the credibilit! of the
depositor with respect to the val$e clai#ed
b! hi#.
5hen the seal or lock is broken) with or
witho$t the depositar!>s fa$lt) he shall keep
the secret of the deposit. (12/8a)
Art. 1862. 5hen it beco#es necessar! to
open a locked bo, or receptacle) the
depositar! is pres$#ed a$thori(ed to do so)
if the ke! has been delivered to hi#; or when
the instr$ctions of the depositor as re"ards
the deposit cannot be e,ec$ted witho$t
openin" the bo, or receptacle. (n)
Art. 186*. The thin" deposited shall be
ret$rned with all its prod$cts) accessories
and accessions.
Cho$ld the deposit consist of #one!) the
provisions relative to a"ents in article 168/
shall be applied to the depositar!. (122:)
Art. 186-. The depositar! cannot de#and
that the depositor prove his ownership of the
thin" deposited.
9evertheless) 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 depositar! shall be relieved of all
responsibilit! b! ret$rnin" the thin"
deposited to the depositor.
+f the depositar! has reasonable "ro$nds to
believe that the thin" has not been lawf$ll!
ac3$ired b! the depositor) the for#er #a!
ret$rn the sa#e. (1221a)
Art. 186.. 5hen there are two or #ore
depositors) if the! are not solidar!) and the
thin" ad#its of division) each one cannot
de#and #ore than his share.
5hen there is solidarit! or the thin" does not
ad#it of division) the provisions of Articles
1212 and 121- shall "overn. <owever) if
there is a stip$lation that the thin" sho$ld be
ret$rned to one of the depositors) the
depositar! shall ret$rn it onl! to the person
desi"nated. (1222a)
Art. 186/. +f the depositor sho$ld lose his
capacit! to contract after havin" #ade the
deposit) the thin" cannot be ret$rned e,cept
to the persons who #a! have the
ad#inistration of his propert! and ri"hts.
(122*)
Art. 1862. +f at the ti#e the deposit was
#ade a place was desi"nated for the ret$rn
of the thin") the depositar! #$st take the
thin" deposited to s$ch place; b$t the
e,penses for transportation shall be borne b!
the depositor.
+f no place has been desi"nated for the
ret$rn) it shall be #ade where the thin"
deposited #a! be) even if it sho$ld not be
the sa#e place where the deposit was #ade)
provided that there was no #alice on the
part of the depositar!. (122-)
Art. 1866. The thin" deposited #$st be
ret$rned to the depositor $pon de#and)
even tho$"h a specied period or ti#e for
s$ch ret$rn #a! have been ,ed.
This provision shall not appl! when the thin"
is 1$diciall! attached while in the depositar!>s
possession) or sho$ld he have been notied
of the opposition of a third person to the
ret$rn or the re#oval of the thin" deposited.
+n these cases) the depositar! #$st
i##ediatel! infor# the depositor of the
attach#ent or opposition. (122.)
Art. 1868. Bnless the deposit is for a val$able
consideration) the depositar! who #a! have
1$stiable reasons for not keepin" the thin"
deposited #a!) even before the ti#e
desi"nated) ret$rn it to the depositor; and if
the latter sho$ld ref$se to receive it) the
depositar! #a! sec$re its consi"nation fro#
the co$rt. (122/a)
Art. 188:. +f the depositar! b! force #a1e$re
or "overn#ent order loses the thin" and
receives #one! or another thin" in its place)
he shall deliver the s$# or other thin" to the
depositor. (1222a)
Art. 1881. The depositor>s heir who in "ood
faith #a! have sold the thin" which he did
not know was deposited) shall onl! be bo$nd
to ret$rn the price he #a! have received or
to assi"n his ri"ht of action a"ainst the b$!er
in case the price has not been paid hi#.
(1226)

C=CT+%9 *. 4 %bli"ations of the Hepositor

Art. 1882. +f the deposit is "rat$ito$s) the
depositor is obli"ed to rei#b$rse the
depositar! for the e,penses he #a! have
inc$rred for the preservation of the thin"
deposited. (1228a)
Art. 188*. The depositor shall rei#b$rse the
depositar! for an! 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 dan"ero$s character of
the thin") or $nless he notied the
depositar! of the sa#e) or the latter was
aware of it witho$t advice fro# the depositor.
(n)
Art. 188-. The depositar! #a! retain the
thin" in pled"e $ntil the f$ll pa!#ent of what
#a! be d$e hi# b! reason of the deposit.
(126:)
Art. 188.. A deposit its e,tin"$ished?
(1) Bpon the loss or destr$ction of the thin"
deposited;
(2) +n case of a "rat$ito$s deposit) $pon the
death of either the depositor or the
depositar!. (n)
C<APT=0 *
9=C=CCA0J H=P%C+T

Art. 188/. A deposit is necessar!?
(1) 5hen it is #ade in co#pliance with a
le"al obli"ation;
(2) 5hen it takes place on the occasion of
an! cala#it!) s$ch as re) stor#) Eood)
pilla"e) shipwreck) or other si#ilar events.
(1261a)
Art. 1882. The deposit referred to in 9o. 1 of
the precedin" article shall be "overned b!
the provisions of the law establishin" it) and
in case of its decienc!) b! the r$les on
vol$ntar! deposit.
The deposit #entioned in 9o. 2 of the
precedin" article shall be re"$lated b! the
provisions concernin" vol$ntar! deposit and
b! Article 21/6. (1262)
Art. 1886. The deposit of efects #ade b! the
travellers in hotels or inns shall also be
re"arded as necessar!. The keepers of hotels
or inns shall be responsible for the# as
depositaries) provided that notice was "iven
to the#) or to their e#plo!ees) of the efects
bro$"ht b! the "$ests and that) on the part
of the latter) the! take the preca$tions which
said hotel4keepers or their s$bstit$tes
advised relative to the care and vi"ilance of
their efects. (126*)
Art. 1888. The hotel4keeper is liable for the
vehicles) ani#als and articles which have
been introd$ced or placed in the anne,es of
the hotel. (n)
Art. 2:::. The responsibilit! referred to in
the two precedin" articles shall incl$de the
loss of) or in1$r! to the personal propert! of
the "$ests ca$sed b! the servants or
e#plo!ees of the keepers of hotels or inns as
well as stran"ers; b$t not that which #a!
proceed fro# an! force #a1e$re. The fact
that travellers are constrained to rel! on the
vi"ilance of the keeper of the hotels or inns
shall be considered in deter#inin" the
de"ree of care re3$ired of hi#. (126-a)
Art. 2::1. The act of a thief or robber) who
has entered the hotel is not dee#ed force
#a1e$re) $nless it is done with the $se of
ar#s or thro$"h an irresistible force. (n)
Art. 2::2. The hotel4keeper is not liable for
co#pensation if the loss is d$e to the acts of
the "$est) his fa#il!) servants or visitors) or
if the loss arises fro# the character of the
thin"s bro$"ht into the hotel. (n)
Art. 2::*. The hotel4keeper cannot free
hi#self fro# responsibilit! b! postin" notices
to the efect that he is not liable for the
articles bro$"ht b! the "$est. An! stip$lation
between the hotel4keeper and the "$est
whereb! the responsibilit! of the for#er as
set forth in articles 1886 to 2::1 is
s$ppressed or di#inished shall be void. (n)
Art. 2::-. The hotel4keeper has a ri"ht to
retain the thin"s bro$"ht into the hotel b!
the "$est) as a sec$rit! for credits on
acco$nt of lod"in") and s$pplies $s$all!
f$rnished to hotel "$ests. (n)

C<APT=0 -
C=IB=CT0AT+%9 %0 7BH+C+AL H=P%C+T

Art. 2::.. A 1$dicial deposit or se3$estration
takes place when an attach#ent or sei($re
of propert! in liti"ation is ordered. (126.)
Art. 2::/. @ovable as well as i##ovable
propert! #a! be the ob1ect of se3$estration.
(126/)
Art. 2::2. The depositar! of propert! or
ob1ects se3$estrated cannot be relieved of
his responsibilit! $ntil the controvers! which
"ave rise thereto has co#e to an end) $nless
the co$rt so orders. (1262a)
Art. 2::6. The depositar! of propert!
se3$estrated is bo$nd to co#pl!) with
respect to the sa#e) with all the obli"ations
of a "ood father of a fa#il!. (1266)
Art. 2::8. As to #atters not provided for in
this Code) 1$dicial se3$estration shall be
"overned b! the 0$les of Co$rt. (1268)

Title K+++. 4 AL=AT%0J C%9T0ACTC

'=9=0AL P0%A+C+%9C

Art. 2:1:. F! an aleator! contract) one of the
parties or both reciprocall! 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.
(128:)

C<APT=0 1
+9CB0A9C=

Art. 2:11. The contract of ins$rance is
"overned b! special laws. @atters not
e,pressl! provided for in s$ch special laws
shall be re"$lated b! this Code. (n)
Art. 2:12. An! person who is forbidden fro#
receivin" an! donation $nder Article 2*8
cannot be na#ed beneciar! of a life
ins$rance polic! b! the person who cannot
#ake an! donation to hi#) accordin" to said
article. (n)

C<APT=0 2
'A@FL+9'

Art. 2:1*. A "a#e of chance is that which
depends #ore on chance or ha(ard than or
skill or abilit!. Dor 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. 2:1-. 9o action can be #aintained b!
the winner for the collection of what he has
won in a "a#e of chance. F$t an! loser in a
"a#e of chance #a! recover his loss fro#
the winner) with le"al interest fro# the ti#e
he paid the a#o$nt lost) and s$bsidiaril!
fro# the operator or #ana"er of the
"a#blin" ho$se. (1288a)
Art. 2:1.. +f cheatin" or deceit is co##itted
b! the winner) he) and s$bsidiaril! the
operator or #ana"er of the "a#blin" ho$se)
shall pa! b! wa! of e,e#plar! da#a"es) not
less than the e3$ivalent of the s$# lost) in
addition to the latter a#o$nt. +f both the
winner and the loser have perpetrated fra$d)
no action for recover! can be bro$"ht b!
either. (n)
Art. 2:1/. +f the loser ref$ses or ne"lects 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 b! the loser #a! instit$te the
action. The s$# thereb! obtained shall be
applied to the creditors> clai#s) or to the
s$pport of the spo$se or relatives) as the
case #a! be. (n)
Art. 2:12. The provisions of Article 2:1- and
2:1/ appl! when two or #ore persons bet in
a "a#e of chance) altho$"h the! take no
active part in the "a#e itself. (1288a)
Art. 2:16. +f a contract which p$rports to be
for the deliver! of "oods) sec$rities or shares
of stock is entered into with the intention
that the diference between the price
stip$lated and the e,chan"e or #arket price
at the ti#e of the pretended deliver! shall be
paid b! the loser to the winner) the
transaction is n$ll and void. The loser #a!
recover what he has paid. (n)
Art. 2:18. Fettin" on the res$lt of sports)
athletic co#petitions) or "a#es of skill #a!
be prohibited b! local ordinances. (n)
Art. 2:2:. The loser in an! "a#e which is not
one of chance) when there is no local
ordinance which prohibits bettin" therein) is
$nder obli"ation to pa! 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$#.
(16:1a)

C<APT=0 *
L+D= A99B+TJ

Art. 2:21. The aleator! contract of life
ann$it! binds the debtor to pa! an ann$al
pension or inco#e d$rin" the life of one or
#ore deter#inate persons in consideration
of a capital consistin" of #one! or other
propert!) whose ownership is transferred to
hi# at once with the b$rden of the inco#e.
(16:2a)
Art. 2:22. The ann$it! #a! be constit$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#
#$st be livin" at the ti#e the ann$it! is
established.
+t #a! also be constit$ted in favor of the
person or persons $pon whose life or lives
the contract is entered into) or in favor of
another or other persons. (16:*)
Art. 2:2*. Life ann$it! shall be void if
constit$ted $pon the life of a person who was
alread! dead at the ti#e the contract was
entered into) or who was at that ti#e
s$ferin" fro# an illness which ca$sed his
death within twent! da!s followin" said date.
(16:-)
Art. 2:2-. The lack of pa!#ent of the inco#e
d$e does not a$thori(e the recipient of the
life ann$it! to de#and the rei#b$rse#ent of
the capital or to retake possession of the
propert! alienated) $nless there is a
stip$lation to the contrar!; he shall have onl!
a ri"ht 1$diciall! to clai# the pa!#ent of the
inco#e in arrears and to re3$ire a sec$rit!
for the f$t$re inco#e) $nless there is a
stip$lation to the contrar!. (16:.a)
Art. 2:2.. The inco#e correspondin" to the
!ear in which the person en1o!in" it dies
shall be paid in proportion to the da!s d$rin"
which he lived; if the inco#e sho$ld be paid
b! install#ents in advance) the whole
a#o$nt of the install#ent which be"an to
r$n d$rin" his life shall be paid. (16:/)
Art. 2:2/. <e who constit$tes an ann$it! b!
"rat$ito$s title $pon his propert!) #a!
provide at the ti#e the ann$it! is established
that the sa#e shall not be s$b1ect to
e,ec$tion or attach#ent on acco$nt of the
obli"ations of the recipient of the ann$it!. +f
the ann$it! was constit$ted in fra$d of
creditors) the latter #a! ask for the
e,ec$tion or attach#ent of the propert!.
(16:2a)
Art. 2:22. 9o ann$it! shall be clai#ed
witho$t rst provin" the e,istence of the
person $pon whose life the ann$it! is
constit$ted. (16:6)

Title K+A. 4 C%@P0%@+C=C A9H
A0F+T0AT+%9C

C<APT=0 1
C%@P0%@+C=C

Art. 2:26. A co#pro#ise is a contract
whereb! the parties) b! #akin" reciprocal
concessions) avoid a liti"ation or p$t an end
to one alread! co##enced. (16:8a)
Art. 2:28. The co$rt shall endeavor to
pers$ade the liti"ants in a civil case to a"ree
$pon so#e fair co#pro#ise. (n)
Art. 2:*:. =ver! civil action or proceedin"
shall be s$spended?
(1) +f willin"ness to disc$ss a possible
co#pro#ise is e,pressed b! one or both
parties; or
(2) +f it appears that one of the parties)
before the co##ence#ent of the action or
proceedin") ofered to disc$ss a possible
co#pro#ise b$t the other part! ref$sed the
ofer.
The d$ration and ter#s of the s$spension of
the civil action or proceedin" and si#ilar
#atters shall be "overned b! s$ch provisions
of the r$les of co$rt as the C$pre#e Co$rt
shall pro#$l"ate. Caid r$les of co$rt shall
likewise provide for the appoint#ent and
d$ties of a#icable co#po$nders. (n)
Art. 2:*1. The co$rts #a! #iti"ate the
da#a"es to be paid b! the losin" part! who
has shown a sincere desire for a
co#pro#ise. (n)
Art. 2:*2. The co$rt>s approval is necessar!
in co#pro#ises entered into b! "$ardians)
parents) absentee>s representatives) and
ad#inistrators or e,ec$tors of decedent>s
estates. (161:a)
Art. 2:**. 7$ridical persons #a! co#pro#ise
onl! in the for# and with the re3$isites
which #a! be necessar! to alienate their
propert!. (1612a)
Art. 2:*-. There #a! be a co#pro#ise $pon
the civil liabilit! arisin" fro# an ofense; b$t
s$ch co#pro#ise shall not e,tin"$ish the
p$blic action for the i#position of the le"al
penalt!. (161*)
Art. 2:*.. 9o co#pro#ise $pon the followin"
3$estions shall be valid?
(1) The civil stat$s of persons;
(2) The validit! of a #arria"e or a le"al
separation;
(*) An! "ro$nd for le"al separation;
(-) D$t$re s$pport;
(.) The 1$risdiction of co$rts;
(/) D$t$re le"iti#e. (161-a)
Art. 2:*/. A co#pro#ise co#prises onl!
those ob1ects which are denitel! stated
therein) or which b! necessar! i#plication
fro# its ter#s sho$ld be dee#ed to have
been incl$ded in the sa#e.
A "eneral ren$nciation of ri"hts is
$nderstood to refer onl! to those that are
connected with the disp$te which was the
s$b1ect of the co#pro#ise. (161.)
Art. 2:*2. A co#pro#ise has $pon the
parties the efect and a$thorit! of res
1$dicata; b$t there shall be no e,ec$tion
e,cept in co#pliance with a 1$dicial
co#pro#ise. (161/)
Art. 2:*6. A co#pro#ise in which there is
#istake) fra$d) violence) inti#idation) $nd$e
inE$ence) or falsit! of doc$#ents) is s$b1ect
to the provisions of Article 1**: of this Code.
<owever) one of parties cannot set $p a
#istake of fact as a"ainst the other if the
latter) b! virt$e of the co#pro#ise) has
withdrawn fro# a liti"ation alread!
co##enced. (1612a)
Art. 2:*8. 5hen the parties co#pro#ise
"enerall! on all diferences which the! #i"ht
have with each other) the discover! of
doc$#ents referrin" to one or #ore b$t not
to all of the 3$estions settled shall not itself
be a ca$se for ann$l#ent or rescission of the
co#pro#ise) $nless said doc$#ents have
been concealed b! one of the parties.
F$t the co#pro#ise #a! be ann$lled or
rescinded if it refers onl! to one thin" to
which one of the parties has no ri"ht) as
shown b! the newl!4discovered doc$#ents.
(n)
Art. 2:-:. +f after a liti"ation has been
decided b! a nal 1$d"#ent) a co#pro#ise
sho$ld be a"reed $pon) either or both parties
bein" $naware of the e,istence of the nal
1$d"#ent) the co#pro#ise #a! be
rescinded.
+"norance of a 1$d"#ent which #a! be
revoked or set aside is not a valid "ro$nd for
attackin" a co#pro#ise. (1618a)
Art. 2:-1. +f one of the parties fails or ref$ses
to abide b! the co#pro#ise) the other part!
#a! either enforce the co#pro#ise or re"ard
it as rescinded and insist $pon his ori"inal
de#and. (n)

C<APT=0 2
A0F+T0AT+%9C

Art. 2:-2. The sa#e persons who #a! enter
into a co#pro#ise #a! s$b#it their
controversies to one or #ore arbitrators for
decision. (162:a)
Art. 2:-*. The provisions of the precedin"
Chapter $pon co#pro#ises shall also be
applicable to arbitrations. (1621a)
Art. 2:--. An! stip$lation that the
arbitrators> award or decision shall be nal) is
valid) witho$t pre1$dice to Articles 2:*6)
2:*8) and 2:-:. (n)
Art. 2:-.. An! cla$se "ivin" one of the
parties power to choose #ore arbitrators
than the other is void and of no efect. (n)
Art. 2:-/. The appoint#ent of arbitrators
and the proced$re for arbitration shall be
"overned b! the provisions of s$ch r$les of
co$rt as the C$pre#e Co$rt shall
pro#$l"ate. (n)

Title KA. 4 'BA0A9TJ

C<APT=0 1
9ATB0= A9H =KT=9T %D 'BA0A9TJ

Art. 2:-2. F! "$arant! a person) called the
"$arantor) binds hi#self to the creditor to
f$lll the obli"ation of the principal debtor in
case the latter sho$ld fail to do so.
+f a person binds hi#self solidaril! with the
principal debtor) the provisions of Cection -)
Chapter *) Title + of this Fook shall be
observed. +n s$ch case the contract is called
a s$ret!ship. (1622a)
Art. 2:-6. A "$arant! is "rat$ito$s) $nless
there is a stip$lation to the contrar!. (n)
Art. 2:-8. A #arried wo#an #a! "$arantee
an obli"ation witho$t the h$sband>s consent)
b$t shall not thereb! bind the con1$"al
partnership) e,cept in cases provided b! law.
(n)
Art. 2:.:. +f a "$arant! is entered into
witho$t the knowled"e or consent) or a"ainst
the will of the principal debtor) the provisions
of Articles 12*/ and 12*2 shall appl!. (n)
Art. 2:.1. A "$arant! #a! be conventional)
le"al or 1$dicial) "rat$ito$s) or b! onero$s
title.
+t #a! also be constit$ted) not onl! in favor
of the principal debtor) b$t also in favor of
the other "$arantor) with the latter>s
consent) or witho$t his knowled"e) or even
over his ob1ection. (162*)
Art. 2:.2. A "$arant! cannot e,ist witho$t a
valid obli"ation.
9evertheless) a "$arant! #a! be constit$ted
to "$arantee the perfor#ance of a voidable
or an $nenforceable contract. +t #a! also
"$arantee a nat$ral obli"ation. (162-a)
Art. 2:.*. A "$arant! #a! also be "iven as
sec$rit! for f$t$re debts) the a#o$nt of
which is not !et known; there can be no
clai# a"ainst the "$arantor $ntil the debt is
li3$idated. A conditional obli"ation #a! also
be sec$red. (162.a)
Art. 2:.-. A "$arantor #a! bind hi#self for
less) b$t not for #ore than the principal
debtor) both as re"ards the a#o$nt and the
onero$s nat$re of the conditions.
Cho$ld he have bo$nd hi#self for #ore) his
obli"ations shall be red$ced to the li#its of
that of the debtor. (162/)
Art. 2:... A "$arant! is not pres$#ed; it
#$st be e,press and cannot e,tend to #ore
than what is stip$lated therein.
+f it be si#ple or indenite) it shall
co#pro#ise not onl! the principal obli"ation)
b$t also all its accessories) incl$din" the
1$dicial costs) provided with respect to the
latter) that the "$arantor shall onl! be liable
for those costs inc$rred after he has been
1$diciall! re3$ired to pa!. (1622a)
Art. 2:./. %ne who is obli"ed to f$rnish a
"$arantor shall present a person who
possesses inte"rit!) capacit! to bind hi#self)
and s$&cient propert! to answer for the
obli"ation which he "$arantees. The
"$arantor shall be s$b1ect to the 1$risdiction
of the co$rt of the place where this
obli"ation is to be co#plied with. (1626a)
Art. 2:.2. +f the "$arantor sho$ld be
convicted in rst instance of a cri#e
involvin" dishonest! or sho$ld beco#e
insolvent) the creditor #a! de#and another
who has all the 3$alications re3$ired in the
precedin" article. The case is e,cepted
where the creditor has re3$ired and
stip$lated that a specied person sho$ld be
the "$arantor. (1628a)

C<APT=0 2
=DD=CTC %D 'BA0A9TJ

C=CT+%9 1. 4 =fects of '$arant!
Fetween the '$arantor and the Creditor

Art. 2:.6. The "$arantor cannot be
co#pelled to pa! the creditor $nless the
latter has e,ha$sted all the propert! of the
debtor) and has resorted to all the le"al
re#edies a"ainst the debtor. (16*:a)
Art. 2:.8. The e,c$ssion shall not take place?
(1) +f the "$arantor has e,pressl! reno$nced
it;
(2) +f he has bo$nd hi#self solidaril! with the
debtor;
(*) +n case of insolvenc! of the debtor;
(-) 5hen he has absconded) or cannot be
s$ed within the Philippines $nless he has left
a #ana"er or representative;
(.) +f it #a! be pres$#ed that an e,ec$tion
on the propert! of the principal debtor wo$ld
not res$lt in the satisfaction of the obli"ation.
(16*1a)
Art. 2:/:. +n order that the "$arantor #a!
#ake $se of the benet of e,cl$sion) he
#$st set it $p a"ainst the creditor $pon the
latter>s de#and for pa!#ent fro# hi#) and
point o$t to the creditor available propert! of
the debtor within Philippine territor!)
s$&cient to cover the a#o$nt of the debt.
(16*2)
Art. 2:/1. The "$arantor havin" f$llled all
the conditions re3$ired in the precedin"
article) the creditor who is ne"li"ent in
e,ha$stin" the propert! pointed o$t shall
s$fer the loss) to the e,tent of said propert!)
for the insolvenc! of the debtor res$ltin"
fro# s$ch ne"li"ence. (16**a)
Art. 2:/2. +n ever! action b! the creditor)
which #$st be a"ainst the principal debtor
alone) e,cept in the cases #entioned in
Article 2:.8) the for#er shall ask the co$rt to
notif! the "$arantor of the action. The
"$arantor #a! appear so that he #a!) if he
so desire) set $p s$ch defenses as are
"ranted hi# b! law. The benet of e,c$ssion
#entioned in Article 2:.6 shall alwa!s be
$ni#paired) even if 1$d"#ent sho$ld be
rendered a"ainst the principal debtor and the
"$arantor in case of appearance b! the
latter. (16*-a)
Art. 2:/*. A co#pro#ise between the
creditor and the principal debtor benets the
"$arantor b$t does not pre1$dice hi#. That
which is entered into between the "$arantor
and the creditor benets b$t does not
pre1$dice the principal debtor. (16*.a)
Art. 2:/-. The "$arantor of a "$arantor shall
en1o! the benet of e,c$ssion) both with
respect to the "$arantor and to the principal
debtor. (16*/)
Art. 2:/.. Cho$ld there be several
"$arantors of onl! one debtor and for the
sa#e debt) the obli"ation to answer for the
sa#e is divided a#on" all. The creditor
cannot clai# fro# the "$arantors e,cept the
shares which the! are respectivel! bo$nd to
pa!) $nless solidarit! has been e,pressl!
stip$lated.
The benet of division a"ainst the co4
"$arantors ceases in the sa#e cases and for
the sa#e reasons as the benet of e,c$ssion
a"ainst the principal debtor. (16*2)

C=CT+%9 2. 4 =fects of '$arant!
Fetween the Hebtor and the '$arantor

Art. 2://. The "$arantor who pa!s for a
debtor #$st be inde#nied b! the latter.
The inde#nit! co#prises?
(1) The total a#o$nt of the debt;
(2) The le"al interests thereon fro# the ti#e
the pa!#ent was #ade known to the debtor)
even tho$"h it did not earn interest for the
creditor;
(*) The e,penses inc$rred b! the "$arantor
after havin" notied the debtor that pa!#ent
had been de#anded of hi#;
(-) Ha#a"es) if the! are d$e. (16*6a)
Art. 2:/2. The "$arantor who pa!s is
s$bro"ated b! virt$e thereof to all the ri"hts
which the creditor had a"ainst the debtor.
+f the "$arantor has co#pro#ised with the
creditor) he cannot de#and of the debtor
#ore than what he has reall! paid. (16*8)
Art. 2:/6. +f the "$arantor sho$ld pa!
witho$t notif!in" the debtor) the latter #a!
enforce a"ainst hi# all the defenses which
he co$ld have set $p a"ainst the creditor at
the ti#e the pa!#ent was #ade. (16-:)
Art. 2:/8. +f the debt was for a period and
the "$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
$nless the pa!#ent has been ratied b! the
debtor. (16-1a)
Art. 2:2:. +f the "$arantor has paid witho$t
notif!in" the debtor) and the latter not bein"
aware of the pa!#ent) repeats the pa!#ent)
the for#er has no re#ed! whatever a"ainst
the debtor) b$t onl! a"ainst the creditor.
9evertheless) in case of a "rat$ito$s
"$arant!) if the "$arantor was prevented b!
a fort$ito$s event fro# advisin" the debtor
of the pa!#ent) and the creditor beco#es
insolvent) the debtor shall rei#b$rse the
"$arantor for the a#o$nt paid. (16-2a)
Art. 2:21. The "$arantor) even before havin"
paid) #a! proceed a"ainst the principal
debtor?
(1) 5hen he is s$ed for the pa!#ent;
(2) +n case of insolvenc! of the principal
debtor;
(*) 5hen the debtor has bo$nd hi#self to
relieve hi# fro# the "$arant! within a
specied period) and this period has e,pired;
(-) 5hen the debt has beco#e de#andable)
b! reason of the e,piration of the period for
pa!#ent;
(.) After the lapse of ten !ears) when the
principal obli"ation has no ,ed period for its
#at$rit!) $nless it be of s$ch nat$re that it
cannot be e,tin"$ished e,cept within a
period lon"er than ten !ears;
(/) +f there are reasonable "ro$nds to fear
that the principal debtor intends to abscond;
(2) +f the principal debtor is in i##inent
dan"er of beco#in" insolvent.
+n all these cases) the action of the "$arantor
is to obtain release fro# the "$arant!) or to
de#and a sec$rit! that shall protect hi#
fro# an! proceedin"s b! the creditor and
fro# the dan"er of insolvenc! of the debtor.
(16*-a)
Art. 2:22. +f one) at the re3$est of another)
beco#es a "$arantor for the debt of a third
person who is not present) the "$arantor
who satises the debt #a! s$e either the
person so re3$estin" or the debtor for
rei#b$rse#ent. (n)

C=CT+%9 *. 4 =fects of '$arant! as Fetween
Co4'$arantors

Art. 2:2*. 5hen there are two or #ore
"$arantors of the sa#e debtor and for the
sa#e debt) the one a#on" the# who has
paid #a! de#and of each of the others the
share which is proportionall! owin" fro# hi#.
+f an! of the "$arantors sho$ld be insolvent)
his share shall be borne b! the others)
incl$din" the pa!er) in the sa#e proportion.
The provisions of this article shall not be
applicable) $nless the pa!#ent has been
#ade b! virt$e of a 1$dicial de#and or
$nless the principal debtor is insolvent.
(16--a)
Art. 2:2-. +n the case of the precedin"
article) the co4"$arantors #a! set $p a"ainst
the one who paid) the sa#e defenses which
wo$ld have pertained to the principal debtor
a"ainst the creditor) and which are not
p$rel! personal to the debtor. (16-.)
Art. 2:2.. A s$b4"$arantor) in case of the
insolvenc! of the "$arantor for who# he
bo$nd hi#self) is responsible to the co4
"$arantors in the sa#e ter#s as the
"$arantor. (16-/)

C<APT=0 *
=KT+9'B+C<@=9T %D 'BA0A9TJ

Art. 2:2/. The obli"ation of the "$arantor is
e,tin"$ished at the sa#e ti#e as that of the
debtor) and for the sa#e ca$ses as all other
obli"ations. (16-2)
Art. 2:22. +f the creditor vol$ntaril! accepts
i##ovable or other propert! in pa!#ent of
the debt) even if he sho$ld afterwards lose
the sa#e thro$"h eviction) the "$arantor is
released. (16-8)
Art. 2:26. A release #ade b! the creditor in
favor of one of the "$arantors) witho$t the
consent of the others) benets all to the
e,tent of the share of the "$arantor to who#
it has been "ranted. (16.:)
Art. 2:28. An e,tension "ranted to the
debtor b! the creditor witho$t the consent of
the "$arantor e,tin"$ishes the "$arant!. The
#ere fail$re on the part of the creditor to
de#and pa!#ent after the debt has beco#e
d$e does not of itself constit$te an!
e,tention of ti#e referred to herein. (16.1a)
Art. 2:6:. The "$arantors) even tho$"h the!
be solidar!) are released fro# their
obli"ation whenever b! so#e act of the
creditor the! cannot be s$bro"ated to the
ri"hts) #ort"a"es) and preference of the
latter. (16.2)
Art. 2:61. The "$arantor #a! set $p a"ainst
the creditor all the defenses which pertain to
the principal debtor and are inherent in the
debt; b$t not those that are personal to the
debtor. (16.*)

C<APT=0 -
L='AL A9H 7BH+C+AL F%9HC

Art. 2:62. The bonds#an who is to be
ofered in virt$e of a provision of law or of a
1$dicial order shall have the 3$alications
prescribed in Article 2:./ and in special
laws. (16.-a)
Art. 2:6*. +f the person bo$nd to "ive a bond
in the cases of the precedin" article) sho$ld
not be able to do so) a pled"e or #ort"a"e
considered s$&cient to cover his obli"ation
shall be ad#itted in lie$ thereof. (16..)
Art. 2:6-. A 1$dicial bonds#an cannot
de#and the e,ha$stion of the propert! of
the principal debtor.
A s$b4s$ret! in the sa#e case) cannot
de#and the e,ha$stion of the propert! of
the debtor of the s$ret!.

Title KA+. 4 PL=H'=) @%0T'A'= A9H
A9T+C<0=C+C

C<APT=0 1
P0%A+C+%9C C%@@%9 T% PL=H'= A9H
@%0T'A'=

Art. 2:6.. The followin" re3$isites are
essential to the contracts of pled"e and
#ort"a"e?
(1) That the! be constit$ted to sec$re the
f$lll#ent of a principal obli"ation;
(2) That the pled"or or #ort"a"or be the
absol$te owner of the thin" pled"ed or
#ort"a"ed;
(*) That the persons constit$tin" the pled"e
or #ort"a"e have the free disposal of their
propert!) and in the absence thereof) that
the! be le"all! a$thori(ed for the p$rpose.
Third persons who are not parties to the
principal obli"ation #a! sec$re the latter b!
pled"in" or #ort"a"in" their own propert!.
(16.2)
Art. 2:6/. The provisions of Article 2:.2 are
applicable to a pled"e or #ort"a"e. (n)
Art. 2:62. +t is also of the essence of these
contracts that when the principal obli"ation
beco#es d$e) the thin"s in which the pled"e
or #ort"a"e consists #a! be alienated for
the pa!#ent to the creditor. (16.6)
Art. 2:66. The creditor cannot appropriate
the thin"s "iven b! wa! of pled"e or
#ort"a"e) or dispose of the#. An!
stip$lation to the contrar! is n$ll and void.
(16.8a)
Art. 2:68. A pled"e or #ort"a"e is
indivisible) even tho$"h the debt #a! be
divided a#on" the s$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"$ish#ent of the pled"e
or #ort"a"e as lon" as the debt is not
co#pletel! satised.
9either can the creditor>s heir who received
his share of the debt ret$rn the pled"e or
cancel the #ort"a"e) to the pre1$dice of the
other heirs who have not been paid.
Dro# these provisions is e,pected the case in
which) there bein" several thin"s "iven in
#ort"a"e or pled"e) each one of the#
"$arantees onl! a deter#inate portion of the
credit.
The debtor) in this case) shall have a ri"ht to
the e,tin"$ish#ent of the pled"e or
#ort"a"e as the portion of the debt for
which each thin" is speciall! answerable is
satised. (16/:)
Art. 2:8:. The indivisibilit! of a pled"e or
#ort"a"e is not afected b! the fact that the
debtors are not solidaril! liable. (n)
Art. 2:81. The contract of pled"e or
#ort"a"e #a! sec$re all kinds of obli"ations)
be the! p$re or s$b1ect to a s$spensive or
resol$tor! condition. (16/1)
Art. 2:82. A pro#ise to constit$te a pled"e
or #ort"a"e "ives rise onl! to a personal
action between the contractin" parties)
witho$t pre1$dice to the cri#inal
responsibilit! inc$rred b! hi# who defra$ds
another) b! oferin" in pled"e or #ort"a"e
as $nenc$#bered) thin"s which he knew
were s$b1ect to so#e b$rden) or b!
#isrepresentin" hi#self to be the owner of
the sa#e. (16/2)

C<APT=0 2
PL=H'=

Art. 2:8*. +n addition to the re3$isites
prescribed in Article 2:6.) it is necessar!) in
order to constit$te the contract of pled"e)
that the thin" pled"ed be placed in the
possession of the creditor) or of a third
person b! co##on a"ree#ent. (16/*)
Art. 2:8-. All #ovables which are within
co##erce #a! be pled"ed) provided the!
are s$sceptible of possession. (16/-)
Art. 2:8.. +ncorporeal ri"hts) evidenced b!
ne"otiable instr$#ents) bills of ladin") shares
of stock) bonds) wareho$se receipts and
si#ilar doc$#ents #a! also be pled"ed. The
instr$#ent provin" the ri"ht pled"ed shall be
delivered to the creditor) and if ne"otiable)
#$st be indorsed. (n)
Art. 2:8/. A pled"e shall not take efect
a"ainst third persons if a description of the
thin" pled"ed and the date of the pled"e do
not appear in a p$blic instr$#ent. (16/.a)
Art. 2:82. 5ith the consent of the pled"ee)
the thin" pled"ed #a! be alienated b! the
pled"or or owner) s$b1ect to the pled"e. The
ownership of the thin" pled"ed is
trans#itted to the vendee or transferee as
soon as the pled"ee consents to the
alienation) b$t the latter shall contin$e in
possession. (n)
Art. 2:86. The contract of pled"e "ives a
ri"ht to the creditor to retain the thin" in his
possession or in that of a third person to
who# it has been delivered) $ntil the debt is
paid. (16//a)
Art. 2:88. The creditor shall take care of the
thin" pled"ed with the dili"ence of a "ood
father of a fa#il!; he has a ri"ht to the
rei#b$rse#ent of the e,penses #ade for its
preservation) and is liable for its loss or
deterioration) in confor#it! with the
provisions of this Code. (16/2)
Art. 21::. The pled"ee cannot deposit the
thin" pled"ed with a third person) $nless
there is a stip$lation a$thori(in" hi# to do
so.
The pled"ee is responsible for the acts of his
a"ents or e#plo!ees with respect to the
thin" pled"ed. (n)
Art. 21:1. The pled"or has the sa#e
responsibilit! as a bailor in co##odat$# in
the case $nder Article 18.1. (n)
Art. 21:2. +f the pled"e earns or prod$ces
fr$its) inco#e) dividends) or interests) the
creditor shall co#pensate what he receives
with those which are owin" hi#; b$t if none
are owin" hi#) or insofar as the a#o$nt #a!
e,ceed that which is d$e) he shall appl! it to
the principal. Bnless there is a stip$lation to
the contrar!) the pled"e shall e,tend to the
interest and earnin"s of the ri"ht pled"ed.
+n case of a pled"e of ani#als) their ofsprin"
shall pertain to the pled"or or owner of
ani#als pled"ed) b$t shall be s$b1ect to the
pled"e) if there is no stip$lation to the
contrar!. (16/6a)
Art. 21:*. Bnless the thin" pled"ed is
e,propriated) the debtor contin$es to be the
owner thereof.
9evertheless) the creditor #a! brin" the
actions which pertain to the owner of the
thin" pled"ed in order to recover it fro#) or
defend it a"ainst a third person. (16/8)
Art. 21:-. The creditor cannot $se the thin"
pled"ed) witho$t the a$thorit! of the owner)
and if he sho$ld do so) or sho$ld #is$se the
thin" in an! other wa!) the owner #a! ask
that it be 1$diciall! or e,tra1$diciall!
deposited. 5hen the preservation of the
thin" pled"ed re3$ires its $se) it #$st be
$sed b! the creditor b$t onl! for that
p$rpose. (162:a)
Art. 21:.. The debtor cannot ask for the
ret$rn of the thin" pled"ed a"ainst the will of
the creditor) $nless and $ntil he has paid the
debt and its interest) with e,penses in a
proper case. (1621)
Art. 21:/. +f thro$"h the ne"li"ence or wilf$l
act of the pled"ee) the thin" pled"ed is in
dan"er of bein" lost or i#paired) the pled"or
#a! re3$ire that it be deposited with a third
person. (n)
Art. 21:2. +f there are reasonable "ro$nds to
fear the destr$ction or i#pair#ent of the
thin" pled"ed) witho$t the fa$lt of the
pled"ee) the pled"or #a! de#and the ret$rn
of the thin") $pon oferin" another thin" in
pled"e) provided the latter is of the sa#e
kind as the for#er and not of inferior 3$alit!)
and witho$t pre1$dice to the ri"ht of the
pled"ee $nder the provisions of the followin"
article.
The pled"ee is bo$nd to advise the pled"or)
witho$t dela!) of an! dan"er to the thin"
pled"ed. (n)
Art. 21:6. +f) witho$t the fa$lt of the pled"ee)
there is dan"er of destr$ction) i#pair#ent)
or di#in$tion in val$e of the thin" pled"ed)
he #a! ca$se the sa#e to be sold at a p$blic
sale. The proceeds of the a$ction shall be a
sec$rit! for the principal obli"ation in the
sa#e #anner as the thin" ori"inall! pled"ed.
(n)
Art. 21:8. +f the creditor is deceived on the
s$bstance or 3$alit! of the thin" pled"ed) he
#a! either clai# another thin" in its stead)
or de#and i##ediate pa!#ent of the
principal obli"ation. (n)
Art. 211:. +f the thin" pled"ed is ret$rned b!
the pled"ee to the pled"or or owner) the
pled"e is e,tin"$ished. An! stip$lation to the
contrar! shall be void.
+f s$bse3$ent to the perfection of the pled"e)
the thin" is in the possession of the pled"or
or owner) there is a pri#a facie pres$#ption
that the sa#e has been ret$rned b! the
pled"ee. This sa#e pres$#ption e,ists if the
thin" pled"ed is in the possession of a third
person who has received it fro# the pled"or
or owner after the constit$tion of the pled"e.
(n)
Art. 2111. A state#ent in writin" b! the
pled"ee that he reno$nces or abandons the
pled"e is s$&cient to e,tin"$ish the pled"e.
Dor this p$rpose) neither the acceptance b!
the pled"or or owner) nor the ret$rn of the
thin" pled"ed is necessar!) the pled"ee
beco#in" a depositar!. (n)
Art. 2112. The creditor to who# the credit
has not been satised in d$e ti#e) #a!
proceed before a 9otar! P$blic to the sale of
the thin" pled"ed. This sale shall be #ade at
a p$blic a$ction) and with notication to the
debtor and the owner of the thin" pled"ed in
a proper case) statin" the a#o$nt for which
the p$blic sale is to be held. +f at the rst
a$ction the thin" is not sold) a second one
with the sa#e for#alities shall be held; and
if at the second a$ction there is no sale
either) the creditor #a! appropriate the
thin" pled"ed. +n this case he shall be
obli"ed to "ive an ac3$ittance for his entire
clai#. (1622a)
Art. 211*. At the p$blic a$ction) the pled"or
or owner #a! bid. <e shall) #oreover) have
a better ri"ht if he sho$ld ofer the sa#e
ter#s as the hi"hest bidder.
The pled"ee #a! also bid) b$t his ofer shall
not be valid if he is the onl! bidder. (n)
Art. 211-. All bids at the p$blic a$ction shall
ofer to pa! the p$rchase price at once. +f
an! other bid is accepted) the pled"ee is
dee#ed to have been received the p$rchase
price) as far as the pled"or or owner is
concerned. (n)
Art. 211.. The sale of the thin" pled"ed shall
e,tin"$ish the principal obli"ation) whether
or not the proceeds of the sale are e3$al to
the a#o$nt of the principal obli"ation)
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)
$nless it is otherwise a"reed. +f the price of
the sale is less) neither shall the creditor be
entitled to recover the decienc!)
notwithstandin" an! stip$lation to the
contrar!. (n)
Art. 211/. After the p$blic a$ction) the
pled"ee shall pro#ptl! advise the pled"or or
owner of the res$lt thereof. (n)
Art. 2112. An! third person who has an! ri"ht
in or to the thin" pled"ed #a! satisf! the
principal obli"ation as soon as the latter
beco#es d$e and de#andable.(n)
Art. 2116. +f a credit which has been pled"ed
beco#es d$e before it is redee#ed) the
pled"ee #a! collect and receive the a#o$nt
d$e. <e shall appl! the sa#e to the pa!#ent
of his clai#) and deliver the s$rpl$s) sho$ld
there be an!) to the pled"or. (n)
Art. 2118. +f two or #ore thin"s are pled"ed)
the pled"ee #a! choose which he will ca$se
to be sold) $nless there is a stip$lation to the
contrar!. <e #a! de#and the sale of onl! as
#an! of the thin"s as are necessar! for the
pa!#ent of the debt. (n)
Art. 212:. +f a third part! sec$res an
obli"ation b! pled"in" his own #ovable
propert! $nder the provisions of Article 2:6.
he shall have the sa#e ri"hts as a "$arantor
$nder Articles 2:// to 2:2:) and Articles
2:22 to 2:61. <e is not pre1$diced b! an!
waiver of defense b! the principal obli"or. (n)
Art. 2121. Pled"es created b! operation of
law) s$ch as those referred to in Articles .-/)
12*1) and 188-) are "overned b! the
fore"oin" articles on the possession) care
and sale of the thin" as well as on the
ter#ination of the pled"e. <owever) after
pa!#ent of the debt and e,penses) the
re#ainder of the price of the sale shall be
delivered to the obli"or. (n)
Art. 2122. A thin" $nder a pled"e b!
operation of law #a! be sold onl! after
de#and of the a#o$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 1$st "ro$nds) the creditor does not
ca$se the p$blic sale to be held within s$ch
period) the debtor #a! re3$ire the ret$rn of
the thin". (n)
Art. 212*. 5ith re"ard to pawnshops and
other establish#ents) which are en"a"ed in
#akin" loans sec$red b! pled"es) the special
laws and re"$lations concernin" the# shall
be observed) and s$bsidiaril!) the provisions
of this Title. (162*a)

C<APT=0 *
@%0T'A'=

Art. 212-. %nl! the followin" propert! #a!
be the ob1ect of a contract of #ort"a"e?
(1) +##ovables;
(2) Alienable real ri"hts in accordance with
the laws) i#posed $pon i##ovables.
9evertheless) #ovables #a! be the ob1ect of
a chattel #ort"a"e. (162-a)
Art. 212.. +n addition to the re3$isites stated
in Article 2:6.) it is indispensable) in order
that a #ort"a"e #a! be validl! constit$ted)
that the doc$#ent in which it appears be
recorded in the 0e"istr! of Propert!. +f the
instr$#ent is not recorded) the #ort"a"e is
nevertheless bindin" between the parties.
The persons in whose favor the law
establishes a #ort"a"e have no other ri"ht
than to de#and the e,ec$tion and the
recordin" of the doc$#ent in which the
#ort"a"e is for#ali(ed. (162.a)
Art. 212/. The #ort"a"e directl! and
i##ediatel! s$b1ects the propert! $pon
which it is i#posed) whoever the possessor
#a! be) to the f$lll#ent of the obli"ation
for whose sec$rit! it was constit$ted. (162/)
Art. 2122. The #ort"a"e e,tends to the
nat$ral accessions) to the i#prove#ents)
"rowin" fr$its) and the rents or inco#e not
!et received when the obli"ation beco#es
d$e) and to the a#o$nt of the inde#nit!
"ranted or owin" to the proprietor fro# the
ins$rers of the propert! #ort"a"ed) or in
virt$e of e,propriation for p$blic $se) with
the declarations) a#plications and
li#itations established b! law) whether the
estate re#ains in the possession of the
#ort"a"or) or it passes into the hands of a
third person. (1622)
Art. 2126. The #ort"a"e credit #a! be
alienated or assi"ned to a third person) in
whole or in part) with the for#alities re3$ired
b! law. (1626)
Art. 2128. The creditor #a! clai# fro# a
third person in possession of the #ort"a"ed
propert!) the pa!#ent of the part of the
credit sec$red b! the propert! which said
third person possesses) in the ter#s and with
the for#alities which the law establishes.
(1628)
Art. 21*:. A stip$lation forbiddin" the owner
fro# alienatin" the i##ovable #ort"a"ed
shall be void. (n)
Art. 21*1. The for#) e,tent and
conse3$ences of a #ort"a"e) both as to its
constit$tion) #odication and
e,tin"$ish#ent) and as to other #atters not
incl$ded in this Chapter) shall be "overned
b! the provisions of the @ort"a"e Law and of
the Land 0e"istration Law. (166:a)

C<APT=0 -
A9T+C<0=C+C

Art. 21*2. F! the contract of antichresis the
creditor ac3$ires the ri"ht to receive the
fr$its of an i##ovable of his debtor) with the
obli"ation to appl! the# to the pa!#ent of
the interest) if owin") and thereafter to the
principal of his credit. (1661)
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 specied in writin";
otherwise) the contract of antichresis shall be
void. (n)
Art. 21*.. The creditor) $nless there is a
stip$lation to the contrar!) is obli"ed to pa!
the ta,es and char"es $pon the estate.
<e is also bo$nd to bear the e,penses
necessar! 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.
(1662)
Art. 21*/. The debtor cannot reac3$ire the
en1o!#ent of the i##ovable witho$t rst
havin" totall! paid what he owes the
creditor.
F$t the latter) in order to e,e#pt hi#self
fro# the obli"ations i#posed $pon hi# b!
the precedin" article) #a! alwa!s co#pel
the debtor to enter a"ain $pon the
en1o!#ent of the propert!) e,cept when
there is a stip$lation to the contrar!. (166*)
Art. 21*2. The creditor does not ac3$ire the
ownership of the real estate for non4pa!#ent
of the debt within the period a"reed $pon.
=ver! stip$lation to the contrar! shall be
void. F$t the creditor #a! petition the co$rt
for the pa!#ent of the debt or the sale of the
real propert!. +n this case) the 0$les of Co$rt
on the foreclos$re of #ort"a"es shall appl!.
(166-a)
Art. 21*6. The contractin" parties #a!
stip$late that the interest $pon the debt be
co#pensated with the fr$its of the propert!
which is the ob1ect of the antichresis)
provided that if the val$e of the fr$its sho$ld
e,ceed the a#o$nt of interest allowed b! the
laws a"ainst $s$r!) the e,cess shall be
applied to the principal. (166.a)
Art. 21*8. The last para"raph of Article 2:6.)
and Articles 2:68 to 2:81 are applicable to
this contract. (166/a)

C<APT=0 .
C<ATT=L @%0T'A'=

Art. 21-:. F! a chattel #ort"a"e) personal
propert! is recorded in the Chattel @ort"a"e
0e"ister as a sec$rit! for the perfor#ance of
an obli"ation. +f the #ovable) instead of
bein" recorded) is delivered to the creditor or
a third person) the contract is a pled"e and
not a chattel #ort"a"e. (n)
Art. 21-1. The provisions of this Code on
pled"e) insofar as the! are not in conEict
with the Chattel @ort"a"e Law shall be
applicable to chattel #ort"a"es. (n)

Title KA++. 4 =KT0A4C%9T0ACTBAL
%FL+'AT+%9C

C<APT=0 1
IBAC+4C%9T0ACTC

Art. 21-2. Certain lawf$l) vol$ntar! and
$nilateral acts "ive rise to the 1$ridical
relation of 3$asi4contract to the end that no
one shall be $n1$stl! enriched or beneted at
the e,pense of another. (n)
Art. 21-*. The provisions for 3$asi4contracts
in this Chapter do not e,cl$de other 3$asi4
contracts which #a! co#e within the
p$rview of the precedin" article. (n)

C=CT+%9 1. 4 9e"otior$# 'estio

Art. 21--. 5hoever vol$ntaril! takes char"e
of the a"enc! or #ana"e#ent of the
b$siness or propert! of another) witho$t an!
power fro# the latter) is obli"ed to contin$e
the sa#e $ntil the ter#ination of the afair
and its incidents) or to re3$ire the person
concerned to s$bstit$te hi#) if the owner is
in a position to do so. This 1$ridical relation
does not arise in either of these instances?
(1) 5hen the propert! or b$siness is not
ne"lected or abandoned;
(2) +f in fact the #ana"er has been tacitl!
a$thori(ed b! the owner.
+n the rst case) the provisions of Articles
1*12) 1-:*) 9o. 1) and 1-:- re"ardin"
$na$thori(ed contracts shall "overn.
+n the second case) the r$les on a"enc! in
Title K of this Fook shall be applicable.
(1666a)
Art. 21-.. The o&cio$s #ana"er shall
perfor# his d$ties with all the dili"ence of a
"ood father of a fa#il!) and pa! the
da#a"es which thro$"h his fa$lt or
ne"li"ence #a! be s$fered b! the owner of
the propert! or b$siness $nder #ana"e#ent.
The co$rts #a!) however) increase or
#oderate the inde#nit! accordin" to the
circ$#stances of each case. (1668a)
Art. 21-/. +f the o&cio$s #ana"er dele"ates
to another person all or so#e of his d$ties)
he shall be liable for the acts of the dele"ate)
witho$t pre1$dice to the direct obli"ation of
the latter toward the owner of the b$siness.
The responsibilit! of two or #ore o&cio$s
#ana"ers shall be solidar!) $nless the
#ana"e#ent was ass$#ed to save the thin"
or b$siness fro# i##inent dan"er. (168:a)
Art. 21-2. The o&cio$s #ana"er shall be
liable for an! fort$ito$s event?
(1) +f he $ndertakes risk! operations which
the owner was not acc$sto#ed to e#bark
$pon;
(2) +f he has preferred his own interest to
that of the owner;
(*) +f he fails to ret$rn the propert! or
b$siness after de#and b! the owner;
(-) +f he ass$#ed the #ana"e#ent in bad
faith. (1681a)
Art. 21-6. =,cept when the #ana"e#ent
was ass$#ed to save propert! or b$siness
fro# i##inent dan"er) the o&cio$s #ana"er
shall be liable for fort$ito$s events?
(1) +f he is #anifestl! $nt to carr! on the
#ana"e#ent;
(2) +f b! his intervention he prevented a
#ore co#petent person fro# takin" $p the
#ana"e#ent. (n)
Art. 21-8. The ratication of the
#ana"e#ent b! the owner of the b$siness
prod$ces the efects of an e,press a"enc!)
even if the b$siness #a! not have been
s$ccessf$l. (1682a)
Art. 21.:. Altho$"h the o&cio$s
#ana"e#ent #a! not have been e,pressl!
ratied) the owner of the propert! or
b$siness who en1o!s the advanta"es of the
sa#e shall be liable for obli"ations inc$rred
in his interest) and shall rei#b$rse the
o&cio$s #ana"er for the necessar! and
$sef$l e,penses and for the da#a"es which
the latter #a! have s$fered in the
perfor#ance of his d$ties.
The sa#e obli"ation shall be inc$#bent $pon
hi# when the #ana"e#ent had for its
p$rpose the prevention of an i##inent and
#anifest loss) altho$"h no benet #a! have
been derived. (168*)
Art. 21.1. =ven tho$"h the owner did not
derive an! benet and there has been no
i##inent and #anifest dan"er to the
propert! or b$siness) the owner is liable as
$nder the rst para"raph of the precedin"
article) provided?
(1) The o&cio$s #ana"er has acted in "ood
faith) and
(2) The propert! or b$siness is intact) read!
to be ret$rned to the owner. (n)
Art. 21.2. The o&cio$s #ana"er is
personall! liable for contracts which he has
entered into with third persons) even tho$"h
he acted in the na#e of the owner) and there
shall be no ri"ht of action between the owner
and third persons. These provisions shall not
appl!?
(1) +f the owner has e,pressl! or tacitl!
ratied the #ana"e#ent) or
(2) 5hen the contract refers to thin"s
pertainin" to the owner of the b$siness. (n)
Art. 21.*. The #ana"e#ent is e,tin"$ished?
(1) 5hen the owner rep$diates it or p$ts an
end thereto;
(2) 5hen the o&cio$s #ana"er withdraws
fro# the #ana"e#ent) s$b1ect to the
provisions of Article 21--;
(*) F! the death) civil interdiction) insanit! or
insolvenc! of the owner or the o&cio$s
#ana"er. (n)

C=CT+%9 2. 4 Col$tio +ndebiti

Art. 21.-. +f so#ethin" is received when
there is no ri"ht to de#and it) and it was
$nd$l! delivered thro$"h #istake) the
obli"ation to ret$rn it arises. (168.)
Art. 21... Pa!#ent b! reason of a #istake in
the constr$ction or application of a do$btf$l
or di&c$lt 3$estion of law #a! co#e within
the scope of the precedin" article. (n)
Art. 21./. +f the pa!er was in do$bt whether
the debt was d$e) he #a! recover if he
proves that it was not d$e. (n)
Art. 21.2. The responsibilit! of two or #ore
pa!ees) when there has been pa!#ent of
what is not d$e) is solidar!. (n)
Art. 21.6. 5hen the propert! delivered or
#one! paid belon"s to a third person) the
pa!ee shall co#pl! with the provisions of
article 186-. (n)
Art. 21.8. 5hoever in bad faith accepts an
$nd$e pa!#ent) shall pa! le"al interest if a
s$# of #one! is involved) or shall be liable
for fr$its received or which sho$ld have been
received if the thin" prod$ces fr$its.
<e shall f$rther#ore be answerable for an!
loss or i#pair#ent of the thin" fro# an!
ca$se) and for da#a"es to the person who
delivered the thin") $ntil it is recovered.
(168/a)
Art. 21/:. <e who in "ood faith accepts an
$nd$e pa!#ent of a thin" certain and
deter#inate shall onl! be responsible for the
i#pair#ent or loss of the sa#e or its
accessories and accessions insofar as he has
thereb! been beneted. +f he has alienated
it) he shall ret$rn the price or assi"n the
action to collect the s$#. (1682)
Art. 21/1. As re"ards the rei#b$rse#ent for
i#prove#ents and e,penses inc$rred b! hi#
who $nd$l! received the thin") the
provisions of Title A of Fook ++ shall "overn.
(1686)
Art. 21/2. <e shall be e,e#pt fro# the
obli"ation to restore who) believin" in "ood
faith that the pa!#ent was bein" #ade of a
le"iti#ate and s$bsistin" clai#) destro!ed
the doc$#ent) or allowed the action to
prescribe) or "ave $p the pled"es) or
cancelled the "$aranties for his ri"ht. <e who
paid $nd$l! #a! proceed onl! a"ainst the
tr$e debtor or the "$arantors with re"ard to
who# the action is still efective. (1688)
Art. 21/*. +t is pres$#ed that there was a
#istake in the pa!#ent if so#ethin" which
had never been d$e or had alread! been
paid was delivered; b$t he fro# who# the
ret$rn is clai#ed #a! prove that the deliver!
was #ade o$t of liberalit! or for an! other
1$st ca$se. (18:1)

C=CT+%9 *. 4 %ther I$asi4Contracts

Art. 21/-. 5hen) witho$t the knowled"e of
the person obli"ed to "ive s$pport) it is "iven
b! a stran"er) the latter shall have a ri"ht to
clai# the sa#e fro# the for#er) $nless it
appears that he "ave it o$t of piet! and
witho$t intention of bein" repaid. (168-a)
Art. 21/.. 5hen f$neral e,penses are borne
b! a third person) witho$t the knowled"e of
those relatives who were obli"ed to "ive
s$pport to the deceased) said relatives shall
rei#b$rse the third person) sho$ld the latter
clai# rei#b$rse#ent. (168-a)
Art. 21//. 5hen the person obli"ed to
s$pport an orphan) or an insane or other
indi"ent person $n1$stl! ref$ses to "ive
s$pport to the latter) an! third person #a!
f$rnish s$pport to the need! individ$al) with
ri"ht of rei#b$rse#ent fro# the person
obli"ed to "ive s$pport. The provisions of
this article appl! when the father or #other
of a child $nder ei"hteen !ears of a"e
$n1$stl! ref$ses to s$pport hi#.
Art. 21/2. 5hen thro$"h an accident or other
ca$se a person is in1$red or beco#es
serio$sl! 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 pa! for the
services of the ph!sician or other person
aidin" hi#) $nless the service has been
rendered o$t of p$re "enerosit!.
Art. 21/6. 5hen d$rin" a re) Eood) stor#)
or other cala#it!) propert! is saved fro#
destr$ction b! another person witho$t the
knowled"e of the owner) the latter is bo$nd
to pa! the for#er 1$st co#pensation.
Art. 21/8. 5hen the "overn#ent) $pon the
fail$re of an! person to co#pl! with health or
safet! re"$lations concernin" propert!)
$ndertakes to do the necessar! work) even
over his ob1ection) he shall be liable to pa!
the e,penses.
Art. 212:. 5hen b! accident or other
fort$ito$s event) #ovables separatel!
pertainin" to two or #ore persons are
co##in"led or conf$sed) the r$les on co4
ownership shall be applicable.
Art. 2121. The ri"hts and obli"ations of the
nder of lost personal propert! shall be
"overned b! Articles 218 and 22:.
Art. 2122. The ri"ht of ever! possessor in
"ood faith to rei#b$rse#ent for necessar!
and $sef$l e,penses is "overned b! Article
.-/.
Art. 212*. 5hen a third person) witho$t the
knowled"e of the debtor) pa!s the debt) the
ri"hts of the for#er are "overned b! Articles
12*/ and 12*2.
Art. 212-. 5hen in a s#all co##$nit! a
nationalit! of the inhabitants of a"e decide
$pon a #eas$re for protection a"ainst
lawlessness) re) Eood) stor# or other
cala#it!) an! one who ob1ects to the plan
and ref$ses to contrib$te to the e,penses
b$t is beneted b! the pro1ect as e,ec$ted
shall be liable to pa! his share of said
e,penses.
Art. 212.. An! person who is constrained to
pa! the ta,es of another shall be entitled to
rei#b$rse#ent fro# the latter.

C<APT=0 2
IBAC+4H=L+CTC

Art. 212/. 5hoever b! act or o#ission
ca$ses da#a"e to another) there bein" fa$lt
or ne"li"ence) is obli"ed to pa! for the
da#a"e done. C$ch fa$lt or ne"li"ence) if
there is no pre4e,istin" contract$al relation
between the parties) is called a 3$asi4delict
and is "overned b! the provisions of this
Chapter. (18:2a)
Art. 2122. 0esponsibilit! for fa$lt or
ne"li"ence $nder the precedin" article is
entirel! separate and distinct fro# the civil
liabilit! arisin" fro# ne"li"ence $nder the
Penal Code. F$t the plaintif cannot recover
da#a"es twice for the sa#e act or o#ission
of the defendant. (n)
Art. 2126. The provisions of Articles 1122 to
112- are also applicable to a 3$asi4delict. (n)
Art. 2128. 5hen the plaintif>s own
ne"li"ence was the i##ediate and
pro,i#ate ca$se of his in1$r!) he cannot
recover da#a"es. F$t if his ne"li"ence was
onl! contrib$tor!) the i##ediate and
pro,i#ate ca$se of the in1$r! bein" the
defendant>s lack of d$e care) the plaintif
#a! recover da#a"es) b$t the co$rts shall
#iti"ate the da#a"es to be awarded. (n)
Art. 216:. The obli"ation i#posed b! Article
212/ is de#andable not onl! for one>s own
acts or o#issions) b$t also for those of
persons for who# one is responsible.
The father and) in case of his death or
incapacit!) the #other) are responsible for
the da#a"es ca$sed b! the #inor children
who live in their co#pan!.
'$ardians are liable for da#a"es ca$sed b!
the #inors or incapacitated persons who are
$nder their a$thorit! and live in their
co#pan!.
The owners and #ana"ers of an
establish#ent or enterprise are likewise
responsible for da#a"es ca$sed b! their
e#plo!ees in the service of the branches in
which the latter are e#plo!ed or on the
occasion of their f$nctions.
=#plo!ers shall be liable for the da#a"es
ca$sed b! their e#plo!ees and ho$sehold
helpers actin" within the scope of their
assi"ned tasks) even tho$"h the for#er are
not en"a"ed in an! b$siness or ind$str!.
The Ctate is responsible in like #anner when
it acts thro$"h a special a"ent; b$t not when
the da#a"e has been ca$sed b! the o&cial
to who# the task done properl! pertains) in
which case what is provided in Article 212/
shall be applicable.
Lastl!) teachers or heads of establish#ents
of arts and trades shall be liable for da#a"es
ca$sed b! their p$pils and st$dents or
apprentices) so lon" as the! re#ain in their
c$stod!.
The responsibilit! treated of in this article
shall cease when the persons herein
#entioned prove that the! observed all the
dili"ence of a "ood father of a fa#il! to
prevent da#a"e. (18:*a)
Art. 2161. 5hoever pa!s for the da#a"e
ca$sed b! his dependents or e#plo!ees #a!
recover fro# the latter what he has paid or
delivered in satisfaction of the clai#. (18:-)
Art. 2162. +f the #inor or insane person
ca$sin" da#a"e has no parents or "$ardian)
the #inor or insane person shall be
answerable with his own propert! in an
action a"ainst hi# where a "$ardian ad lite#
shall be appointed. (n)
Art. 216*. The possessor of an ani#al or
whoever #a! #ake $se of the sa#e is
responsible for the da#a"e which it #a!
ca$se) altho$"h it #a! escape or be lost.
This responsibilit! shall cease onl! in case
the da#a"e sho$ld co#e fro# force #a1e$re
or fro# the fa$lt of the person who has
s$fered da#a"e. (18:.)
Art. 216-. +n #otor vehicle #ishaps) the
owner is solidaril! liable with his driver) if the
for#er) who was in the vehicle) co$ld have)
b! the $se of the d$e dili"ence) prevented
the #isfort$ne. +t is disp$tabl! pres$#ed
that a driver was ne"li"ent) if he had been
fo$nd "$ilt! or reckless drivin" or violatin"
tra&c re"$lations at least twice within the
ne,t precedin" two #onths.
+f the owner was not in the #otor vehicle)
the provisions of Article 216: are applicable.
(n)
Art. 216.. Bnless there is proof to the
contrar!) it is pres$#ed that a person drivin"
a #otor vehicle has been ne"li"ent if at the
ti#e of the #ishap) he was violatin" an!
tra&c re"$lation. (n)
Art. 216/. =ver! owner of a #otor vehicle
shall le with the proper "overn#ent o&ce a
bond e,ec$ted b! a "overn#ent4controlled
corporation or o&ce) to answer for da#a"es
to third persons. The a#o$nt of the bond and
other ter#s shall be ,ed b! the co#petent
p$blic o&cial. (n)
Art. 2162. @an$fact$rers and processors of
foodst$fs) drinks) toilet articles and si#ilar
"oods shall be liable for death or in1$ries
ca$sed b! an! 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. 2166. There is pri#a facie pres$#ption
of ne"li"ence on the part of the defendant if
the death or in1$r! res$lts fro# his
possession of dan"ero$s weapons or
s$bstances) s$ch as rear#s and poison)
e,cept when the possession or $se thereof is
indispensable in his occ$pation or b$siness.
(n)
Art. 2168. Provinces) cities and #$nicipalities
shall be liable for da#a"es for the death of)
or in1$ries s$fered b!) an! person b! reason
of the defective condition of roads) streets)
brid"es) p$blic b$ildin"s) and other p$blic
works $nder their control or s$pervision. (n)
Art. 218:. The proprietor of a b$ildin" or
str$ct$re is responsible for the da#a"es
res$ltin" fro# its total or partial collapse) if it
sho$ld be d$e to the lack of necessar!
repairs. (18:2)
Art. 2181. Proprietors shall also be
responsible for da#a"es ca$sed?
(1) F! the e,plosion of #achiner! which has
not been taken care of with d$e dili"ence)
and the inEa##ation of e,plosive
s$bstances which have not been kept in a
safe and ade3$ate place;
(2) F! e,cessive s#oke) which #a! be
har#f$l to persons or propert!;
(*) F! the fallin" of trees sit$ated at or near
hi"hwa!s or lanes) if not ca$sed b! force
#a1e$re;
(-) F! e#anations fro# t$bes) canals)
sewers or deposits of infectio$s #atter)
constr$cted witho$t preca$tions s$itable to
the place. (18:6)
Art. 2182. +f da#a"e referred to in the two
precedin" articles sho$ld be the res$lt of an!
defect in the constr$ction #entioned in
Article 122*) the third person s$ferin"
da#a"es #a! proceed onl! a"ainst the
en"ineer or architect or contractor in
accordance with said article) within the
period therein ,ed. (18:8)
Art. 218*. The head of a fa#il! that lives in a
b$ildin" or a part thereof) is responsible for
da#a"es ca$sed b! thin"s thrown or fallin"
fro# the sa#e. (181:)
Art. 218-. The responsibilit! of two or #ore
persons who are liable for 3$asi4delict is
solidar!. (n)

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C<APT=0 1
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Art. 218.. The provisions of this Title shall be
respectivel! applicable to all obli"ations
#entioned in Article 11.2.
Art. 218/. The r$les $nder this Title are
witho$t pre1$dice to special provisions on
da#a"es for#$lated elsewhere in this Code.
Co#pensation for work#en and other
e#plo!ees in case of death) in1$r! or illness
is re"$lated b! special laws. 0$les "overnin"
da#a"es laid down in other laws shall be
observed insofar as the! are not in conEict
with this Code.
Art. 2182. Ha#a"es #a! be?
(1) Act$al or co#pensator!;
(2) @oral;
(*) 9o#inal;
(-) Te#perate or #oderate;
(.) Li3$idated; or
(/) =,e#plar! or corrective.
Art. 2186. The principles of the "eneral law
on da#a"es are hereb! adopted insofar as
the! are not inconsistent with this Code.

C<APT=0 2
ACTBAL %0 C%@P=9CAT%0J HA@A'=C

Art. 2188. =,cept as provided b! law or b!
stip$lation) one is entitled to an ade3$ate
co#pensation onl! for s$ch pec$niar! loss
s$fered b! hi# as he has d$l! proved. C$ch
co#pensation is referred to as act$al or
co#pensator! da#a"es.
Art. 22::. +nde#nication for da#a"es shall
co#prehend not onl! the val$e of the loss
s$fered) b$t also that of the prots which
the obli"ee failed to obtain. (11:/)
Art. 22:1. +n contracts and 3$asi4contracts)
the da#a"es for which the obli"or who acted
in "ood faith is liable shall be those that are
the nat$ral and probable conse3$ences of
the breach of the obli"ation) and which the
parties have foreseen or co$ld have
reasonabl! foreseen at the ti#e the
obli"ation was constit$ted.
+n case of fra$d) bad faith) #alice or wanton
attit$de) the obli"or shall be responsible for
all da#a"es which #a! be reasonabl!
attrib$ted to the non4perfor#ance of the
obli"ation. (11:2a)
Art. 22:2. +n cri#es and 3$asi4delicts) the
defendant shall be liable for all da#a"es
which are the nat$ral and probable
conse3$ences of the act or o#ission
co#plained of. +t is not necessar! that s$ch
da#a"es have been foreseen or co$ld have
reasonabl! been foreseen b! the defendant.
Art. 22:*. The part! s$ferin" loss or in1$r!
#$st e,ercise the dili"ence of a "ood father
of a fa#il! to #ini#i(e the da#a"es
res$ltin" fro# the act or o#ission in
3$estion.
Art. 22:-. +n cri#es) the da#a"es to be
ad1$dicated #a! be respectivel! increased or
lessened accordin" to the a""ravatin" or
#iti"atin" circ$#stances.
Art. 22:.. Ha#a"es #a! be recovered?
(1) Dor loss or i#pair#ent of earnin"
capacit! in cases of te#porar! or per#anent
personal in1$r!;
(2) Dor in1$r! to the plaintif>s b$siness
standin" or co##ercial credit.
Art. 22:/. The a#o$nt of da#a"es for death
ca$sed b! a cri#e or 3$asi4delict shall be at
least three tho$sand pesos) even tho$"h
there #a! have been #iti"atin"
circ$#stances. +n addition?
(1) The defendant shall be liable for the loss
of the earnin" capacit! of the deceased) and
the inde#nit! shall be paid to the heirs of
the latter; s$ch inde#nit! shall in ever! case
be assessed and awarded b! the co$rt)
$nless the deceased on acco$nt of
per#anent ph!sical disabilit! not ca$sed b!
the defendant) had no earnin" capacit! at
the ti#e of his death;
(2) +f the deceased was obli"ed to "ive
s$pport accordin" to the provisions of Article
281) the recipient who is not an heir called to
the decedent>s inheritance b! the law of
testate or intestate s$ccession) #a! de#and
s$pport fro# the person ca$sin" the death)
for a period not e,ceedin" ve !ears) the
e,act d$ration to be ,ed b! the co$rt;
(*) The spo$se) le"iti#ate and ille"iti#ate
descendants and ascendants of the
deceased #a! de#and #oral da#a"es for
#ental an"$ish b! reason of the death of the
deceased.
Art. 22:2. +f the plaintif>s propert! has been
ins$red) and he has received inde#nit! fro#
the ins$rance co#pan! for the in1$r! or loss
arisin" o$t of the wron" or breach of contract
co#plained of) the ins$rance co#pan! shall
be s$bro"ated to the ri"hts of the ins$red
a"ainst the wron"doer or the person who has
violated the contract. +f the a#o$nt paid b!
the ins$rance co#pan! does not f$ll! cover
the in1$r! or loss) the a""rieved part! shall
be entitled to recover the decienc! fro# the
person ca$sin" the loss or in1$r!.
Art. 22:6. +n the absence of stip$lation)
attorne!>s fees and e,penses of liti"ation)
other than 1$dicial costs) cannot be
recovered) e,cept?
(1) 5hen e,e#plar! da#a"es are awarded;
(2) 5hen the defendant>s act or o#ission has
co#pelled the plaintif to liti"ate with third
persons or to inc$r e,penses to protect his
interest;
(*) +n cri#inal cases of #alicio$s prosec$tion
a"ainst the plaintif;
(-) +n case of a clearl! $nfo$nded civil action
or proceedin" a"ainst the plaintif;
(.) 5here the defendant acted in "ross and
evident bad faith in ref$sin" to satisf! the
plaintif>s plainl! valid) 1$st and de#andable
clai#;
(/) +n actions for le"al s$pport;
(2) +n actions for the recover! of wa"es of
ho$sehold helpers) laborers and skilled
workers;
(6) +n actions for inde#nit! $nder work#en>s
co#pensation and e#plo!er>s liabilit! laws;
(8) +n a separate civil action to recover civil
liabilit! arisin" fro# a cri#e;
(1:) 5hen at least do$ble 1$dicial costs are
awarded;
(11) +n an! other case where the co$rt
dee#s it 1$st and e3$itable that attorne!>s
fees and e,penses of liti"ation sho$ld be
recovered.
+n all cases) the attorne!>s fees and e,penses
of liti"ation #$st be reasonable.
Art. 22:8. +f the obli"ation consists in the
pa!#ent of a s$# of #one!) and the debtor
inc$rs in dela!) the inde#nit! for da#a"es)
there bein" no stip$lation to the contrar!)
shall be the pa!#ent of the interest a"reed
$pon) and in the absence of stip$lation) the
le"al interest) which is si, per cent per
ann$#. (11:6)
Art. 221:. +nterest #a!) in the discretion of
the co$rt) be allowed $pon da#a"es
awarded for breach of contract.
Art. 2211. +n cri#es and 3$asi4delicts)
interest as a part of the da#a"es #a!) in a
proper case) be ad1$dicated in the discretion
of the co$rt.
Art. 2212. +nterest d$e shall earn le"al
interest fro# the ti#e it is 1$diciall!
de#anded) altho$"h the obli"ation #a! be
silent $pon this point. (11:8a)
Art. 221*. +nterest cannot be recovered $pon
$nli3$idated clai#s or da#a"es) e,cept
when the de#and can be established with
reasonabl! certaint!.
Art. 221-. +n 3$asi4delicts) the contrib$tor!
ne"li"ence of the plaintif shall red$ce the
da#a"es that he #a! recover.
Art. 221.. +n contracts) 3$asi4contracts) and
3$asi4delicts) the co$rt #a! e3$itabl!
#iti"ate the da#a"es $nder circ$#stances
other than the case referred to in the
precedin" article) as in the followin"
instances?
(1) That the plaintif hi#self has contravened
the ter#s of the contract;
(2) That the plaintif has derived so#e
benet as a res$lt of the contract;
(*) +n cases where e,e#plar! da#a"es are
to be awarded) that the defendant acted
$pon the advice of co$nsel;
(-) That the loss wo$ld have res$lted in an!
event;
(.) That since the lin" of the action) the
defendant has done his best to lessen the
plaintif>s loss or in1$r!.
C<APT=0 *
%T<=0 L+9HC %D HA@A'=C

Art. 221/. 9o proof of pec$niar! loss is
necessar! in order that #oral) no#inal)
te#perate) li3$idated or e,e#plar!
da#a"es) #a! be ad1$dicated. The
assess#ent of s$ch da#a"es) e,cept
li3$idated ones) is left to the discretion of the
co$rt) accordin" to the circ$#stances of
each case.

C=CT+%9 1. 4 @oral Ha#a"es

Art. 2212. @oral da#a"es incl$de ph!sical
s$ferin") #ental an"$ish) fri"ht) serio$s
an,iet!) bes#irched rep$tation) wo$nded
feelin"s) #oral shock) social h$#iliation) and
si#ilar in1$r!. Tho$"h incapable of pec$niar!
co#p$tation) #oral da#a"es #a! be
recovered if the! are the pro,i#ate res$lt of
the defendant>s wron"f$l act for o#ission.
Art. 2216. +n the ad1$dication of #oral
da#a"es) the senti#ental val$e of propert!)
real or personal) #a! be considered.
Art. 2218. @oral da#a"es #a! be recovered
in the followin" and analo"o$s cases?
(1) A cri#inal ofense res$ltin" in ph!sical
in1$ries;
(2) I$asi4delicts ca$sin" ph!sical in1$ries;
(*) Ced$ction) abd$ction) rape) or other
lascivio$s acts;
(-) Ad$lter! or conc$bina"e;
(.) +lle"al or arbitrar! detention or arrest;
(/) +lle"al search;
(2) Libel) slander or an! other for# of
defa#ation;
(6) @alicio$s prosec$tion;
(8) Acts #entioned in Article *:8;
(1:) Acts and actions referred to in Articles
21) 2/) 22) 26) 28) *:) *2) *-) and *..
The parents of the fe#ale sed$ced)
abd$cted) raped) or ab$sed) referred to in
9o. * of this article) #a! also recover #oral
da#a"es.
The spo$se) descendants) ascendants) and
brothers and sisters #a! brin" the action
#entioned in 9o. 8 of this article) in the
order na#ed.
Art. 222:. 5illf$l in1$r! to propert! #a! be a
le"al "ro$nd for awardin" #oral da#a"es if
the co$rt sho$ld nd that) $nder the
circ$#stances) s$ch da#a"es are 1$stl! d$e.
The sa#e r$le applies to breaches of
contract where the defendant acted
fra$d$lentl! or in bad faith.

C=CT+%9 2. 4 9o#inal Ha#a"es

Art. 2221. 9o#inal da#a"es are ad1$dicated
in order that a ri"ht of the plaintif) which has
been violated or invaded b! the defendant)
#a! be vindicated or reco"ni(ed) and not for
the p$rpose of inde#nif!in" the plaintif for
an! loss s$fered b! hi#.
Art. 2222. The co$rt #a! award no#inal
da#a"es in ever! obli"ation arisin" fro# an!
so$rce en$#erated in Article 11.2) or in
ever! case where an! propert! ri"ht has
been invaded.
Art. 222*. The ad1$dication of no#inal
da#a"es shall precl$de f$rther contest $pon
the ri"ht involved and all accessor!
3$estions) as between the parties to the s$it)
or their respective heirs and assi"ns.

C=CT+%9 *. 4 Te#perate or @oderate
Ha#a"es

Art. 222-. Te#perate or #oderate da#a"es)
which are #ore than no#inal b$t less than
co#pensator! da#a"es) #a! be recovered
when the co$rt nds that so#e pec$niar!
loss has been s$fered b$t its a#o$nt can
not) fro# the nat$re of the case) be provided
with certaint!.
Art. 222.. Te#perate da#a"es #$st be
reasonable $nder the circ$#stances.

C=CT+%9 -. 4 Li3$idated Ha#a"es

Art. 222/. Li3$idated da#a"es are those
a"reed $pon b! the parties to a contract) to
be paid in case of breach thereof.
Art. 2222. Li3$idated da#a"es) whether
intended as an inde#nit! or a penalt!) shall
be e3$itabl! red$ced if the! are ini3$ito$s or
$nconscionable.
Art. 2226. 5hen the breach of the contract
co##itted b! the defendant is not the one
conte#plated b! the parties in a"reein"
$pon the li3$idated da#a"es) the law shall
deter#ine the #eas$re of da#a"es) and not
the stip$lation.

C=CT+%9 .. 4 =,e#plar! or Corrective
Ha#a"es

Art. 2228. =,e#plar! or corrective da#a"es
are i#posed) b! wa! of e,a#ple or
correction for the p$blic "ood) in addition to
the #oral) te#perate) li3$idated or
co#pensator! da#a"es.
Art. 22*:. +n cri#inal ofenses) e,e#plar!
da#a"es as a part of the civil liabilit! #a! be
i#posed when the cri#e was co##itted with
one or #ore a""ravatin" circ$#stances.
C$ch da#a"es are separate and distinct fro#
nes and shall be paid to the ofended part!.
Art. 22*1. +n 3$asi4delicts) e,e#plar!
da#a"es #a! be "ranted if the defendant
acted with "ross ne"li"ence.
Art. 22*2. +n contracts and 3$asi4contracts)
the co$rt #a! award e,e#plar! da#a"es if
the defendant acted in a wanton) fra$d$lent)
reckless) oppressive) or #alevolent #anner.
Art. 22**. =,e#plar! da#a"es cannot be
recovered as a #atter of ri"ht; the co$rt will
decide whether or not the! sho$ld be
ad1$dicated.
Art. 22*-. 5hile the a#o$nt of the
e,e#plar! da#a"es need not be proved) the
plaintif #$st show that he is entitled to
#oral) te#perate or co#pensator! da#a"es
before the co$rt #a! consider the 3$estion
of whether or not e,e#plar! da#a"es sho$ld
be awarded. +n case li3$idated da#a"es
have been a"reed $pon) altho$"h no proof of
loss is necessar! in order that s$ch
li3$idated da#a"es #a! be recovered)
nevertheless) before the co$rt #a! consider
the 3$estion of "rantin" e,e#plar! in
addition to the li3$idated da#a"es) the
plaintif #$st show that he wo$ld be entitled
to #oral) te#perate or co#pensator!
da#a"es were it not for the stip$lation for
li3$idated da#a"es.
Art. 22*.. A stip$lation whereb! e,e#plar!
da#a"es are reno$nced in advance shall be
n$ll and void.

Title K+K. 4 C%9CB00=9C= A9H P0=D=0=9C=
%D C0=H+TC

C<APT=0 1
'=9=0AL P0%A+C+%9C

Art. 22*/. The debtor is liable with all his
propert!) present and f$t$re) for the
f$lll#ent of his obli"ations) s$b1ect to the
e,e#ptions provided b! law. (1811a)
Art. 22*2. +nsolvenc! shall be "overned b!
special laws insofar as the! are not
inconsistent with this Code. (n)
Art. 22*6. Co lon" as the con1$"al
partnership or absol$te co##$nit! s$bsists)
its propert! shall not be a#on" the assets to
be taken possession of b! the assi"nee for
the pa!#ent of the insolvent debtor>s
obli"ations) e,cept insofar as the latter have
redo$nded to the benet of the fa#il!. +f it is
the h$sband who is insolvent) the
ad#inistration of the con1$"al partnership of
absol$te co##$nit! #a!) b! order of the
co$rt) be transferred to the wife or to a third
person other than the assi"nee. (n)
Art. 22*8. +f there is propert!) other than that
#entioned in the precedin" article) owned b!
two or #ore persons) one of who# is the
insolvent debtor) his $ndivided share or
interest therein shall be a#on" the assets to
be taken possession of b! the assi"nee for
the pa!#ent of the insolvent debtor>s
obli"ations. (n)
Art. 22-:. Propert! held b! the insolvent
debtor as a tr$stee of an e,press or i#plied
tr$st) shall be e,cl$ded fro# the insolvenc!
proceedin"s. (n)

C<APT=0 2
CLACC+D+CAT+%9 %D C0=H+TC

Art. 22-1. 5ith reference to specic #ovable
propert! of the debtor) the followin" clai#s
or liens shall be preferred?
(1) H$ties) ta,es and fees d$e thereon to the
Ctate or an! s$bdivision thereof;
(2) Clai#s arisin" fro# #isappropriation)
breach of tr$st) or #alfeasance b! p$blic
o&cials co##itted in the perfor#ance of
their d$ties) on the #ovables) #one! or
sec$rities obtained b! the#;
(*) Clai#s for the $npaid price of #ovables
sold) on said #ovables) so lon" as the! are in
the possession of the debtor) $p to the val$e
of the sa#e; and if the #ovable has been
resold b! the debtor and the price is still
$npaid) the lien #a! be enforced on the
price; this ri"ht is not lost b! the
i##obili(ation of the thin" b! destination)
provided it has not lost its for#) s$bstance
and identit!; neither is the ri"ht lost b! the
sale of the thin" to"ether with other propert!
for a l$#p s$#) when the price thereof can
be deter#ined proportionall!;
(-) Credits "$aranteed with a pled"e so lon"
as the thin"s pled"ed are in the hands of the
creditor) or those "$aranteed b! a chattel
#ort"a"e) $pon the thin"s pled"ed or
#ort"a"ed) $p to the val$e thereof;
(.) Credits for the #akin") repair)
safekeepin" or preservation of personal
propert!) on the #ovable th$s #ade)
repaired) kept or possessed;
(/) Clai#s for laborers> wa"es) on the "oods
#an$fact$red or the work done;
(2) Dor e,penses of salva"e) $pon the "oods
salva"ed;
(6) Credits between the landlord and the
tenant) arisin" fro# the contract of tenanc!
on shares) on the share of each in the fr$its
or harvest;
(8) Credits for transportation) $pon the "oods
carried) for the price of the contract and
incidental e,penses) $ntil their deliver! and
for thirt! da!s thereafter;
(1:) Credits for lod"in" and s$pplies $s$all!
f$rnished to travellers b! hotel keepers) on
the #ovables belon"in" to the "$est as lon"
as s$ch #ovables are in the hotel) b$t not for
#one! loaned to the "$ests;
(11) Credits for seeds and e,penses for
c$ltivation and harvest advanced to the
debtor) $pon the fr$its harvested;
(12) Credits for rent for one !ear) $pon the
personal propert! of the lessee e,istin" on
the i##ovable leased and on the fr$its of
the sa#e) b$t not on #one! or instr$#ents
of credit;
(1*) Clai#s in favor of the depositor if the
depositar! has wron"f$ll! sold the thin"
deposited) $pon the price of the sale.
+n the fore"oin" cases) if the #ovables to
which the lien or preference attaches have
been wron"f$ll! taken) the creditor #a!
de#and the# fro# an! possessor) within
thirt! da!s fro# the $nlawf$l sei($re.
(1822a)
Art. 22-2. 5ith reference to specic
i##ovable propert! and real ri"hts of the
debtor) the followin" clai#s) #ort"a"es and
liens shall be preferred) and shall constit$te
an enc$#brance on the i##ovable or real
ri"ht?
(1) Ta,es d$e $pon the land or b$ildin";
(2) Dor the $npaid price of real propert! sold)
$pon the i##ovable sold;
(*) Clai#s of laborers) #asons) #echanics
and other work#en) as well as of architects)
en"ineers and contractors) en"a"ed in the
constr$ction) reconstr$ction or repair of
b$ildin"s) canals or other works) $pon said
b$ildin"s) canals or other works;
(-) Clai#s of f$rnishers of #aterials $sed in
the constr$ction) reconstr$ction) or repair of
b$ildin"s) canals or other works) $pon said
b$ildin"s) canals or other works;
(.) @ort"a"e credits recorded in the 0e"istr!
of Propert!) $pon the real estate #ort"a"ed;
(/) =,penses for the preservation or
i#prove#ent of real propert! when the law
a$thori(es rei#b$rse#ent) $pon the
i##ovable preserved or i#proved;
(2) Credits annotated in the 0e"istr! of
Propert!) in virt$e of a 1$dicial order) b!
attach#ents or e,ec$tions) $pon the
propert! afected) and onl! as to later
credits;
(6) Clai#s of co4heirs for warrant! in the
partition of an i##ovable a#on" the#) $pon
the real propert! th$s divided;
(8) Clai#s of donors or real propert! for
pec$niar! char"es or other conditions
i#posed $pon the donee) $pon the
i##ovable donated;
(1:) Credits of ins$rers) $pon the propert!
ins$red) for the ins$rance pre#i$# for two
!ears. (182*a)
Art. 22-*. The clai#s or credits en$#erated
in the two precedin" articles shall be
considered as #ort"a"es or pled"es of real
or personal propert!) or liens within the
p$rview of le"al provisions "overnin"
insolvenc!. Ta,es #entioned in 9o. 1) Article
22-1) and 9o. 1) Article 22-2) shall rst be
satised. (n)
Art. 22--. 5ith reference to other propert!)
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 $nder his or her parental a$thorit!
who have no propert! of their own) when
approved b! the co$rt;
(2) Credits for services rendered the
insolvent b! e#plo!ees) laborers) or
ho$sehold helpers for one !ear precedin" the
co##ence#ent of the proceedin"s in
insolvenc!;
(*) =,penses d$rin" the last illness of the
debtor or of his or her spo$se and children
$nder his or her parental a$thorit!) if the!
have no propert! of their own;
(-) Co#pensation d$e the laborers or their
dependents $nder laws providin" for
inde#nit! for da#a"es in cases of labor
accident) or illness res$ltin" fro# the nat$re
of the e#plo!#ent;
(.) Credits and advance#ents #ade to the
debtor for s$pport of hi#self or herself) and
fa#il!) d$rin" the last !ear precedin" the
insolvenc!;
(/) C$pport d$rin" the insolvenc!
proceedin"s) and for three #onths
thereafter;
(2) Dines and civil inde#nication arisin"
fro# a cri#inal ofense;
(6) Le"al e,penses) and e,penses inc$rred in
the ad#inistration of the insolvent>s estate
for the co##on interest of the creditors)
when properl! a$thori(ed and approved b!
the co$rt;
(8) Ta,es and assess#ents d$e the national
"overn#ent) other than those #entioned in
Articles 22-1) 9o. 1) and 22-2) 9o. 1;
(1:) Ta,es and assess#ents d$e an!
province) other than those referred to in
Articles 22-1) 9o. 1) and 22-2) 9o. 1;
(11) Ta,es and assess#ents d$e an! cit! or
#$nicipalit!) other than those indicated in
Articles 22-1) 9o. 1) and 22-2) 9o. 1;
(12) Ha#a"es for death or personal in1$ries
ca$sed b! a 3$asi4delict;
(1*) 'ifts d$e to p$blic and private
instit$tions of charit! or benecence;
(1-) Credits which) witho$t special privile"e)
appear in (a) a p$blic instr$#ent; or (b) in a
nal 1$d"#ent) if the! have been the s$b1ect
of liti"ation. These credits shall have
preference a#on" the#selves in the order of
priorit! of the dates of the instr$#ents and
of the 1$d"#ents) respectivel!. (182-a)
Art. 22-.. Credits of an! other kind or class)
or b! an! other ri"ht or title not co#prised in
the fo$r precedin" articles) shall en1o! no
preference. (182.)

C<APT=0 *
%0H=0 %D P0=D=0=9C= %D C0=H+TC

Art. 22-/. Those credits which en1o!
preference with respect to specic #ovables)
e,cl$de all others to the e,tent of the val$e
of the personal propert! to which the
preference refers.
Art. 22-2. +f there are two or #ore credits
with respect to the sa#e specic #ovable
propert!) the! shall be satised pro rata)
after the pa!#ent of d$ties) ta,es and fees
d$e the Ctate or an! s$bdivision thereof.
(182/a)
Art. 22-6. Those credits which en1o!
preference in relation to specic real
propert! or real ri"hts) e,cl$de all others to
the e,tent of the val$e of the i##ovable or
real ri"ht to which the preference refers.
Art. 22-8. +f there are two or #ore credits
with respect to the sa#e specic real
propert! or real ri"hts) the! shall be satised
pro rata) after the pa!#ent of the ta,es and
assess#ents $pon the i##ovable propert!
or real ri"ht. (1822a)
Art. 22.:. The e,cess) if an!) after the
pa!#ent of the credits which en1o!
preference with respect to specic propert!)
real or personal) shall be added to the free
propert! which the debtor #a! have) for the
pa!#ent of the other credits. (1826a)
Art. 22.1. Those credits which do not en1o!
an! preference with respect to specic
propert!) and those which en1o! preference)
as to the a#o$nt not paid) shall be satised
accordin" to the followin" r$les?
(1) +n the order established in Article 22--;
(2) Co##on credits referred to in Article
22-. shall be paid pro rata re"ardless of
dates. (1828a)

T0A9C+T+%9AL P0%A+C+%9C

Art. 22.2. Chan"es #ade and new provisions
and r$les laid down b! this Code which #a!
pre1$dice or i#pair vested or ac3$ired ri"hts
in accordance with the old le"islation shall
have no retroactive efect.
Dor the deter#ination of the applicable law in
cases which are not specied elsewhere in
this Code) the followin" articles shall be
observed? (Pars. 1 and 2) Transitional
Provisions).
Art. 22.*. The Civil Code of 1668 and other
previo$s laws shall "overn ri"hts ori"inatin")
$nder said laws) fro# acts done or events
which took place $nder their re"i#e) even
tho$"h this Code #a! re"$late the# in a
diferent #anner) or #a! not reco"ni(e
the#. F$t if a ri"ht sho$ld be declared for
the rst ti#e in this Code) it shall be
efective at once) even tho$"h the act or
event which "ives rise thereto #a! have
been done or #a! have occ$rred $nder prior
le"islation) provided said new ri"ht does not
pre1$dice or i#pair an! vested or ac3$ired
ri"ht) of the sa#e ori"in. (0$le 1)
Art. 22.-. 9o vested or ac3$ired ri"ht can
arise fro# acts or o#issions which are
a"ainst the law or which infrin"e $pon the
ri"hts of others. (n)
Art. 22... The for#er laws shall re"$late
acts and contracts with a condition or period)
which were e,ec$ted or entered into before
the efectivit! of this Code) even tho$"h the
condition or period #a! still be pendin" at
the ti#e this bod! of laws "oes into efect.
(n)
Art. 22./. Acts and contracts $nder the
re"i#e of the old laws) if the! are valid in
accordance therewith) shall contin$e to be
f$ll! operative as provided in the sa#e) with
the li#itations established in these r$les. F$t
the revocation or #odication of these acts
and contracts after the be"innin" of the
efectivit! of this Code) shall be s$b1ect to
the provisions of this new bod! of laws. (0$le
2a)
Art. 22.2. Provisions of this Code which
attach a civil sanction or penalt! or a
deprivation of ri"hts to acts or o#issions
which were not penali(ed b! the for#er laws)
are not applicable to those who) when said
laws were in force) #a! have e,ec$ted the
act or inc$rred in the o#ission forbidden or
conde#ned b! this Code.
+f the fa$lt is also p$nished b! the previo$s
le"islation) the less severe sanction shall be
applied.
+f a contin$o$s or repeated act or o#ission
was co##enced before the be"innin" of the
efectivit! of this Code) and the sa#e
s$bsists or is #aintained or repeated after
this bod! of laws has beco#e operative) the
sanction or penalt! prescribed in this Code
shall be applied) even tho$"h the previo$s
laws #a! not have provided an! sanction or
penalt! therefor. (0$le *a)
Art. 22.6. Actions and ri"hts which ca#e into
bein" b$t were not e,ercised before the
efectivit! of this Code) shall re#ain in f$ll
force in confor#it! with the old le"islation;
b$t their e,ercise) d$ration and the
proced$re to enforce the# shall be re"$lated
b! this Code and b! the 0$les of Co$rt. +f the
e,ercise of the ri"ht or of the action was
co##enced $nder the old laws) b$t is
pendin" on the date this Code takes efect)
and the proced$re was diferent fro# that
established in this new bod! of laws) the
parties concerned #a! choose which #ethod
or co$rse to p$rs$e. (0$le -)
Art. 22.8. The capacit! of a #arried wo#an
to e,ec$te acts and contracts is "overned b!
this Code) even if her #arria"e was
celebrated $nder the for#er laws. (n)
Art. 22/:. The vol$ntar! reco"nition of a
nat$ral child shall take place accordin" to
this Code) even if the child was born before
the efectivit! of this bod! of laws. (n)
Art. 22/1. The e,e#ption prescribed in
Article *:2 shall also be applicable to an!
s$pport) pension or "rat$it! alread! e,istin"
or "ranted before this Code beco#es
efective. (n)
Art. 22/2. '$ardians of the propert! of
#inors) appointed b! the co$rts before this
Code "oes into efect) shall contin$e to act
as s$ch) notwithstandin" the provisions of
Article *2:. (n)
Art. 22/*. 0i"hts to the inheritance of a
person who died) with or witho$t a will)
before the efectivit! of this Code) shall be
"overned b! the Civil Code of 1668) b! other
previo$s laws) and b! the 0$les of Co$rt. The
inheritance of those who) with or witho$t a
will) die after the be"innin" of the efectivit!
of this Code) shall be ad1$dicated and
distrib$ted in accordance with this new bod!
of laws and b! the 0$les of Co$rt; b$t the
testa#entar! provisions shall be carried o$t
insofar as the! #a! be per#itted b! this
Code. Therefore) le"iti#es) better#ents)
le"acies and be3$ests shall be respected;
however) their a#o$nt shall be red$ced if in
no other #anner can ever! co#p$lsor! heir
be "iven his f$ll share accordin" to this Code.
(0$le 12a)
Art. 22/-. The stat$s and ri"hts of nat$ral
children b! le"al ction referred to in article
68 and ille"iti#ate children #entioned in
Article 262) shall also be ac3$ired b! children
born before the efectivit! of this Code. (n)
Art. 22/.. The ri"ht of retention of real or
personal propert! arisin" after this Code
beco#es efective) incl$des those thin"s
which ca#e into the creditor>s possession
before said date. (n)
Art. 22//. The followin" shall have not onl!
prospective b$t also retroactive efect?
(1) Article *1.) whereb! a descendant
cannot be co#pelled) in a cri#inal case) to
testif! a"ainst his parents and ascendants;
(2) Articles 1:1 and 66) providin" a"ainst
coll$sion in cases of le"al separation and
ann$l#ent of #arria"e;
(*) Articles 26*) 26-) and 268) concernin"
the proof of ille"iti#ate liation;
(-) Article 6*6) a$thori(in" the probate of a
will on petition of the testator hi#self;
(.) Articles 1*.8 to 1*/8) relative to the
refor#ation of instr$#ents;
(/) Articles -2/ to -61) re"$latin" actions to
3$iet title;
(2) Articles 2:28 to 2:*1) which are desi"ned
to pro#ote co#pro#ise. (n)
Art. 22/2. The followin" provisions shall
appl! not onl! to f$t$re cases b$t also to
those pendin" on the date this Code
beco#es efective?
(1) Article 28) 0elative to cri#inal
prosec$tions wherein the acc$sed is
ac3$itted on the "ro$nd that his "$ilt has not
been proved be!ond reasonable do$bt;
(2) Article **) concernin" cases of
defa#ation) fra$d) and ph!sical in1$ries. (n)
Art. 22/6. C$its between #e#bers of the
sa#e fa#il! which are pendin" at the ti#e
this Code "oes into efect shall be
s$spended) $nder s$ch ter#s as the co$rt
#a! deter#ine) in order that co#pro#ise
#a! be earnestl! so$"ht) or) in case of le"al
separation proceedin"s) for the p$rpose of
efectin") if possible) a reconciliation. (n)
Art. 22/8. The principles $pon which the
precedin" transitional provisions are based
shall) b! analo"!) be applied to cases not
specicall! re"$lated b! the#. (0$le 1*a)

0=P=AL+9' CLABC=

Art. 222:. The followin" laws and re"$lations
are hereb! repealed?
(1) Those parts and provisions of the Civil
Code of 1668 which are in force on the date
when this new Civil Code beco#es efective?
(2) The provisions of the Code of Co##erce
"overnin" sales) partnership) a"enc!) loan)
deposit and "$arant!;
(*) The provisions of the Code of Civil
Proced$re on prescription as far as
inconsistent with this Code; and
(-) All laws) Acts) parts of Acts) r$les of co$rt)
e,ec$tive orders) and ad#inistrative
re"$lations which are inconsistent with this
Code. (n)
Approved) 7$ne 16) 18-8.