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. But any loser in a game of chance may recover his loss from the winner, with legal interest from the time he paid the amount lost, and subsidiarily from the operator or manager of the gambling house. (1868a). Deaf-mutes who can read and write may accept or repudiate the inheritance personally or through an agent. If property is acquired through mistake or fraud, the person obtaining it is, by force of law, considered a trustee of an implied trust for the benefit of the person from whom the property comes. (10a). The ownership, administration, possession and enjoyment of the common property belong to both spouses jointly. If the animals on which the usufruct is constituted should all perish, without the fault of the usufructuary, on account of some contagious disease or any other uncommon event, the usufructuary shall fulfill his obligation by delivering to the owner the remains which may have been saved from the misfortune. (1700a and 1701a). (n), ARTICLE 169. However, after payment of the debt and expenses, the remainder of the price of the sale shall be delivered to the obligor. ARTICLE 453. The recognition made in favor of a child who does not possess all the conditions stated in article 269, or in which the requirements of the law have not been fulfilled, may be impugned by those who are prejudiced by such recognition. (188a). Civil obligations give a right of action to compel their performance. (1843a), ARTICLE 2072. In the cases referred to in this article, all the property brought in shall be deemed to be newly contributed, even though all or some may be the same which existed before the liquidation effected by reason of the separation. The owner of the land on which anything has been built, sown or planted in good faith, shall have the right to appropriate as his own the works, sowing or planting, after payment of the indemnity provided for in articles 546 and 548, or to oblige the one who built or planted to pay the price of the land, and the one who sowed, the proper rent. (1710a), ARTICLE 1870. Any person who may wish to use upon his own estate any water of which he can dispose shall have the right to make it flow through the intervening estates, with the obligation to indemnify their owners, as well as the owners of the lower estates upon which the waters may filter or descend. The sale of the thing pledged shall extinguish the principal obligation, whether or not the proceeds of the sale are equal to the amount of the principal obligation, interest and expenses in a proper case. (n), Effects of Guaranty as Between Co-Guarantors. Whenever the current of a river, creek or torrent segregates from an estate on its bank a known portion of land and transfers it to another estate, the owner of the land to which the segregated portion belonged retains the ownership of it, provided that he removes the same within two years. The deductions from the inventoried property having been made as provided in the two preceding articles, the remainder of said property shall constitute the credit of the conjugal partnership. A contract where consent is given through mistake, violence, intimidation, undue influence, or fraud is voidable. (1392a), ARTICLE 143. The second heir shall acquire a right to the succession from the time of the testator’s death, even though he should die before the fiduciary. On the death of a limited partner his executor or administrator shall have all the rights of a limited partner for the purpose of settling his estate, and such power as the deceased had to constitute his assignee a substituted limited partner. ARTICLE 1013. If in the making of the thing bad faith intervened, the owner of the material shall have the right to appropriate the work to himself without paying anything to the maker, or to demand of the latter that he indemnify him for the value of the material and the damages he may have suffered. ARTICLE 361. The action for annulment of marriage must be commenced by the parties and within the periods as follows: (1) For causes mentioned in number 1 of article 85, by the party whose parent or guardian did not give his or her consent, within four years after attaining the age of twenty or eighteen years, as the case may be; or by the parent or guardian or person having legal charge, at any time before such party has arrived at the age of twenty or eighteen years; (2) For causes mentioned in number 2 of article 85, by the spouse who has been absent, during his or her lifetime; or by either spouse of the subsequent marriage during the lifetime of the other; (3) For causes mentioned in number 3 of article 85, by the sane spouse, who had no knowledge of the other’s insanity; or by any relative or guardian of the party of unsound mind, at any time before the death of either party; (4) For causes mentioned in number 4, by the injured party, within four years after the discovery of the fraud; (5) For causes mentioned in number 5, by the injured party, within four years from the time the force or intimidation ceased; (6) For causes mentioned in number 6, by the injured party, within eight years after the marriage. The causes of unworthiness shall be without effect if the testator had knowledge thereof at the time he made the will, or if, having known of them subsequently, he should condone them in writing. Where the goods at the time of sale are in the possession of a third person, the seller has not fulfilled his obligation to deliver to the buyer unless and until such third person acknowledges to the buyer that he holds the goods on the buyer’s behalf. Even when there is an agreement limiting the liability of the common carrier in the vigilance over the goods, the common carrier is disputably presumed to have been negligent in case of their loss, destruction or deterioration. When a man and a woman live together as husband and wife, but they are not married, or their marriage is void from the beginning, the property acquired by either or both of them through their work or industry or their wages and salaries shall be governed by the rules on co-ownership. ARTICLE 220. Commodatum is purely personal in character. If in a criminal case the judgment of acquittal is based upon reasonable doubt, the court shall so declare. If the safekeeping of the thing delivered is not the principal purpose of the contract, there is no deposit but some other contract. Neither can side or oblique views upon or towards such conterminous property be had, unless there be a distance of sixty centimeters. Any waiver or restriction of this right is void. The depositary is responsible for the negligence of his employees. The usufructuary shall be entitled to all the natural, industrial and civil fruits of the property in usufruct. If, in the execution of the work, an act of the employer is required, and he incurs in delay or fails to perform the act, the contractor is entitled to a reasonable compensation. (n), ARTICLE 836. 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. Explorations for subterranean waters on lands of public dominion may be made only with the permission of the administrative authorities. The thing deposited shall be returned with all its products, accessories and accessions. (1262a), ARTICLE 1320. (n), ARTICLE 1352. ARTICLE 1190. Payment means not only the delivery of money but also the performance, in any other manner, of an obligation. ARTICLE 1167. (n), ARTICLE 1720. The repudiation of an inheritance shall be made in a public or authentic instrument, or by petition presented to the court having jurisdiction over the testamentary or intestate proceedings. Should he not charge anyone in particular, all shall be liable in the same proportion in which they may inherit. (925), ARTICLE 973. (1408a), ARTICLE 162. If in consequence of the enforcement of the action he acquires the thing claimed, the usufruct shall be limited to the fruits, the dominion remaining with the owner. Nevertheless, should he discover that the thing has been stolen and who its true owner is, he must advise the latter of the deposit. Consent is manifested by the meeting of the offer and the acceptance upon the thing and the cause which are to constitute the contract. (500), ARTICLE 593. When a third person, without the knowledge of the debtor, pays the debt, the rights of the former are governed by articles 1236 and 1237. (1107a). The divisibility or indivisibility of the things that are the object of obligations in which there is only one debtor and only one creditor does not alter or modify the provisions of Chapter 2 of this Title. For adultery the guilty wife and her paramour may be imprisoned for up to 6 years. The debtor shall have no right to choose those prestations which are impossible, unlawful or which could not have been the object of the obligation. (3) By the death, civil interdiction, insanity or insolvency of the principal or of the agent; (4) By the dissolution of the firm or corporation which entrusted or accepted the agency; (5) By the accomplishment of the object or purpose of the agency; (6) By the expiration of the period for which the agency was constituted. In case of annulment of the marriage, the spouse who acted in bad faith or gave cause for annulment shall forfeit his or her share of the conjugal partnership profits. ARTICLE 54. A direct line is that constituted by the series of degrees among ascendants and descendants. The possession of hereditary property is deemed transmitted to the heir without interruption and from the moment of the death of the decedent, in case the inheritance is accepted. All things and rights which are within the commerce of man may be bequeathed or devised. Legitimation may be impugned by those who are prejudiced in their rights, when it takes place in favor of those who do not have the legal condition of natural children or when the requisites laid down in this Chapter are not complied with. ARTICLE 1868. ARTICLE 1419. He or his heirs may ask the court to take measures to prevent a simulation of birth. Violation of the marriage vows and the sanctity of the marriage based on the exclusivity of the sexual partner. ARTICLE 252. If, there being two or more donations, the disposable portion is not sufficient to cover all of them, those of the more recent date shall be suppressed or reduced with regard to the excess. A judicial deposit or sequestration takes place when an attachment or seizure of property in litigation is ordered. (875a), ARTICLE 942. (148a), ARTICLE 299. In case of fraud, bad faith, malice or wanton attitude, the obligor shall be responsible for all damages which may be reasonably attributed to the non-performance of the obligation. (996a). In case the adverse claimant possesses by mistake an area greater, or less, than that expressed in his title, prescription shall be based on the possession. Where the parties purport a sale of specific goods, and the goods without the knowledge of the seller have perished in part or have wholly or in a material part so deteriorated in quality as to be substantially changed in character, the buyer may at his option treat the sale: (2) As valid in all of the existing goods or in so much thereof as have not deteriorated, and as binding the buyer to pay the agreed price for the goods in which the ownership will pass, if the sale was divisible. In the foregoing cases, if the movables to which the lien or preference attaches have been wrongfully taken, the creditor may demand them from any possessor, within thirty days from the unlawful seizure. (817). (n). ARTICLE 1363. When the obligee accepts the performance, knowing its incompleteness or irregularity, and without expressing any protest or objection, the obligation is deemed fully complied with. All other contracts where the amount involved exceeds five hundred pesos must appear in writing, even a private one. This excussion shall not take place: (1) If the guarantor has expressly renounced it; (2) If he has bound himself solidarily with the debtor; (4) When he has absconded, or cannot be sued within the Philippines unless he has left a manager or representative; (5) If it may be presumed that an execution on the property of the principal debtor would not result in the satisfaction of the obligation. ARTICLE 707. The local civil registrar, upon receiving such application, shall require the exhibition of the original baptismal or birth certificates of the contracting parties or copies of such documents duly attested by the persons having custody of the originals. The fact that the quantity is not determinate shall not be an obstacle to the existence of the contract, provided it is possible to determine the same, without the need of a new contract between the parties. (n), ARTICLE 1927. The aleatory contract of life annuity binds the debtor to pay an annual pension or income during the life of one or more determinate persons in consideration of a capital consisting of money or other property, whose ownership is transferred to him at once with the burden of the income. The creditor to whom the credit has not been satisfied in due time, may proceed before a Notary Public to the sale of the thing pledged. Misrepresentation made in good faith is not fraudulent but may constitute error. An orphan who is minor may, at the instance of any relative or other person, obtain emancipation by concession upon an order of the Court of First Instance. If the devise subject to reduction should consist of real property, which cannot be conveniently divided, it shall go to the devisee if the reduction does not absorb one-half of its value; and in a contrary case, to the compulsory heirs; but the former and the latter shall reimburse each other in cash for what respectively belongs to them. In all cases, the attorney’s fees and expenses of litigation must be reasonable. When the donation imposes upon the donee the obligation to pay the debts of the donor, if the clause does not contain any declaration to the contrary, the former is understood to be liable to pay only the debts which appear to have been previously contracted. 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