Article 544. (1901), Article 2164. The principles of the general law on damages are hereby adopted insofar as they are not inconsistent with this Code. The books making up the civil register and all documents relating thereto shall be considered public documents and shall be prima facie evidence of the facts therein contained. (4) A marriage license, except in a marriage of exceptional character (Sec. (n), Article 1565. This easement is not compulsory if the isolation of the immovable is due to the proprietor's own acts. The easement of aqueduct for private interest cannot be imposed on buildings, courtyards, annexes, or outhouses, or on orchards or gardens already existing. (489), Article 582. The form or manner of using the easement may prescribe as the easement itself, and in the same way. The court may grant the petition if it is satisfactorily shown that the best interest of the family requires the dissolution of the family home. (n). It is disputably presumed that a driver was negligent, if he had been found guilty of reckless driving or violating traffic regulations at least twice within the next preceding two months. Things having a potential existence may be the object of the contract of sale. (n), Article 1130. A creditor whose debtor is the owner of a negotiable document of title shall be entitled to such aid from courts of appropriate jurisdiction by injunction and otherwise in attaching such document or in satisfying the claim by means thereof as is allowed at law or in equity in regard to property which cannot readily be attached or levied upon by ordinary legal process. (n). When without the fault of the heir, an institution referred to in the preceding article cannot take effect in the exact manner stated by the testator, it shall be complied with in a manner most analogous to and in conformity with his wishes. (1722a), Article 1894. (1511), Article 1610. (n). (1555), Article 1658. The country is hit by an average 20 typhoons each year. (1766a), Article 1973. Article 1706. The father or mother of illegitimate children of the three classes mentioned, shall inherit from them in the manner and to the extent established by this Code. (1588a), Article 1714. In criminal offenses, exemplary damages as a part of the civil liability may be imposed when the crime was committed with one or more aggravating circumstances. When the fulfillment of the condition depends upon the sole will of the debtor, the conditional obligation shall be void. Any reversion stipulated by the donor in favor of a third person in violation of what is provided in the preceding paragraph shall be void, but shall not nullify the donation. The dispositions of the testator declaring all or part of the estate inalienable for more than twenty years are void. The following cannot be adopted: (1) A married person, without the written consent of the other spouse; (2) An alien with whose government the Republic of the Philippines has broken diplomatic relations; (3) A person who has already been adopted. Fixed, savings, and current deposits of money in banks and similar institutions shall be governed by the provisions concerning simple loan. In this case the proprietor shall pay the heirs of the contractor in proportion to the price agreed upon, the value of the part of the work done, and of the materials prepared, provided the latter yield him some benefit. In nurseries, the usufructuary may make the necessary thinnings in order that the remaining trees may properly grow. (1693a), Article 1802. To determine the legitime, the value of the property left at the death of the testator shall be considered, deducting all debts and charges, which shall not include those imposed in the will. The wife cannot, without the husband's consent acquire any property by gratuitous title, except from her ascendants, descendants, parents-in-law, and collateral relatives within the fourth degree. The usufructuary of a mortgaged immovable shall not be obliged to pay the debt for the security of which the mortgage was constituted. Article 230. The husband is the administrator of the conjugal property, unless there is a stipulation in the marriage settlements conferring the administration upon the wife. Article 1378. (n), Article 1874. Article 252. Whenever it is necessary to establish a compulsory easement of the right of way or for a watering place for animals, the provisions of this Section and those of articles 640 and 641 shall be observed. Should such ground not exist, the provisions of article 1191 shall be observed. Article 244. (1439a). (n), Article 2012. Unless there is proof to the contrary, it is presumed that a person driving a motor vehicle has been negligent if at the time of the mishap, he was violating any traffic regulation. Civil Code of the Philippines Art. Article 262. (1724a), Article 1897. These provisions are without prejudice to venue under the Rules of Court. If the deposit has been made by a capacitated person with another who is not, the depositor shall only have an action to recover the thing deposited while it is still in the possession of the depositary, or to compel the latter to pay him the amount by which he may have enriched or benefited himself with the thing or its price. Article 2073. (1758a), Article 1963. He shall not thereafter be liable to the original buyer upon the contract of sale or for any profit made by such resale, but may recover from the buyer damages for any loss occasioned by the breach of the contract of sale. Article 1751. A limited partner whose surname appears in a partnership name contrary to the provisions of the first paragraph is liable as a general partner to partnership creditors who extend credit to the partnership without actual knowledge that he is not a general partner. The testator himself may, during his lifetime, petition the court having jurisdiction for the allowance of his will. Neither shall the fines and pecuniary indemnities imposed upon them be charged to the partnership. The same rule shall be applied in case a new road is opened giving access to the isolated estate. (n), Article 1214. Nevertheless, if any of the heirs should demand that the thing be sold at public auction and that strangers be allowed to bid, this must be done. (620), Article 729. This Act shall be known as the "Civil Code of the Philippines." (n). These easements may be modified by agreement of the interested parties, whenever the law does not prohibit it or no injury is suffered by a third person. Compensation for workmen and other employees in case of death, injury or illness is regulated by special laws. (1961), Article 1140. (1) For loss or impairment of earning capacity in cases of temporary or permanent personal injury; (2) For injury to the plaintiff's business standing or commercial credit. Article 1405. (n), CHAPTER 2Effect of Parental Authority Upon the Persons of the Children. The heirs to whom the inheritance accrues shall succeed to all the rights and obligations which the heir who renounced or could not receive it would have had. Unless otherwise agreed, when the seller tenders delivery of goods to the buyer, he is bound, on request, to afford the buyer a reasonable opportunity of examining the goods for the purpose of ascertaining whether they are in conformity with the contract. The court shall decree the rescission claimed, unless there be just cause authorizing the fixing of a period. The loser in any game which is not one of chance, when there is no local ordinance which prohibits betting therein, is under obligation to pay his loss, unless the amount thereof is excessive under the circumstances. The absence of a document or proof showing the origin of an easement which cannot be acquired by prescription may be cured by a deed of recognition by the owner of the servient estate or by a final judgment. If the creditor voluntarily accepts immovable or other property in payment of the debt, even if he should afterwards lose the same through eviction, the guarantor is released. In the collation of a donation made by both parents, one-half shall be brought to the inheritance of the father, and the other half, to that of the mother. Acts merely tolerated, and those executed clandestinely and without the knowledge of the possessor of a thing, or by violence, do not affect possession. The period for the action arising from the result of the accounting runs from the date when said result was recognized by agreement of the interested parties. (1057a), Article 1082. Article 599. As for any obligation wherein the agent has exceeded his power, the principal is not bound except when he ratifies it expressly or tacitly. Usufruct cannot be constituted in favor of a town, corporation, or association for more than fifty years. (n), Article 1807. Article 829 Art. Sales are extinguished by the same causes as all other obligations, by those stated in the preceding articles of this Title, and by conventional or legal redemption. A possessor may lose his possession: (2) By an assignment made to another either by onerous or gratuitous title; (3) By the destruction or total loss of the thing, or because it goes out of commerce; (4) By the possession of another, subject to the provisions of article 537, if the new possession has lasted longer than one year. Article 1389. The person so excluded shall not enjoy the usufruct and administration of the property thus inherited by his children. Article 2230. Article 33. The partition made by the testator cannot be impugned on the ground of lesion, except when the legitime of the compulsory heirs is thereby prejudiced, or when it appears or may reasonably be presumed, that the intention of the testator was otherwise. If the property is worth more than two thousand pesos, the father or mother shall give a bond subject to the approval of the Court of First Instance. In the preceding articles, sentimental value shall be duly appreciated. (502a), Article 595. (4a), Article 57. (n), Article 1310. (1799a), Article 2018. In case two persons married in accordance with law desire to ratify their union in conformity with the regulations, rites, or practices of any church, sect, or religion it shall no longer be necessary to comply with the requirements of Chapter 1 of this Title and any ratification so made shall merely be considered as a purely religious ceremony. (n). The responsibility of a common carrier for the safety of passengers as required in articles 1733 and 1755 cannot be dispensed with or lessened by stipulation, by the posting of notices, by statements on tickets, or otherwise. Article 2173. The nearest of kin of the contracting parties shall be preferred as witnesses, and in their default, persons well known in the province or the locality for their honesty and good repute. The ownership of property gives the right by accession to everything which is produced thereby, or which is incorporated or attached thereto, either naturally or artificially. 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