(425a), Art. The usufructuary shall take care of the things given in usufruct as a good father of a family. The owner of the thing may, should he so desire, give the possessor in good faith the right to finish the cultivation and gathering of the growing fruits, as an indemnity for his part of the expenses of cultivation and the net proceeds; the possessor in good faith who for any reason whatever should refuse to accept this concession, shall lose the right to be indemnified in any other manner. 481. Article 15. The legal easement of lateral and subjacent support is not only for buildings standing at the time the excavations are made but also for constructions that may be erected. 522. 699. The consent given by some only, must be held in abeyance until the last one of all the co-owners shall have expressed his conformity. (545), Art. (448a), Art. Trade-marks and trade-names are governed by special laws. provided. 606. In the absence of regulations, such precautions shall be taken as may be considered necessary, in order to avoid any damage to the neighboring lands or tenements. Art. 575. Trees uprooted and carried away by the current of the waters belong to the owner of the land upon which they may be cast, if the owners do not claim them within six months. (587), Art. var d=new Date(); 707. (605), Art. In both cases, the public highway must substantially meet the needs of the dominant estate in order that the easement may be extinguished. (506). To the owners of lands adjoining the banks of rivers belong the accretion which they gradually receive from the effects of the current of the waters. Each co-owner may demand at any time the partition of the thing owned in common, insofar as his share is concerned. 525. 694. 597. 488. The remedies against a public nuisance are: (1) A prosecution under the Penal Code or any local ordinance: or. He is deemed a possessor in bad faith who possesses in any case contrary to the foregoing. 704. (465), Art. (487), Art. Nevertheless, an agreement to keep the thing undivided for a certain period of time, not exceeding ten years, shall be valid. Art. (419), Art. Code civil > Section 2 : Comment s'établissent les servitudes (Articles 690 à 696) > Article 694 671. (463). (354a), Art. Hidden treasure belongs to the owner of the land, building, or other property on which it is found. Should the co-ownership cease by reason of the division of the thing held in common, the usufruct of the part allotted to the co-owner shall belong to the usufructuary. 550. 570. The owners of lands, through which or along the boundaries of which the aqueduct passes, cannot claim ownership over it, or any right to the use of its bed or banks, unless the claim is based on titles of ownership specifying the right or ownership claimed. The usufructuary may claim any matured credits which form a part of the usufruct if he has given or gives the proper security. If the owner of the materials, plants or seeds has been paid by the builder, planter or sower, the latter may demand from the landowner the value of the materials and labor. If the finder is a trespasser, he shall not be entitled to any share of the treasure. 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. Art. 805. 499. Every lease of real estate may be recorded in the Registry of Property. For the administration and better enjoyment of the thing owned in common, the resolutions of the majority of the co-owners shall be binding. (1549a) Article 1649. Every will, other than a holographic will, must be subscribed at the end thereof by the testator himself or by the testator’s name written by some other person in his presence, and by his express direction, and attested and subscribed by three or more credible witnesses in the presence of the testator and of one another. Easements established by law in the interest of private persons or for private use shall be governed by the provisions of this Title, without prejudice to the provisions of general or local laws and ordinances for the general welfare. 468. 687. But they cannot impugn any partition already executed, unless there has been fraud, or in case it was made notwithstanding a formal opposition presented to prevent it, without prejudice to the right of the debtor or assignor to maintain its validity. Should this easement be established in such a manner that its use may be continuous for all the needs of the dominant estate, establishing a permanent passage, the indemnity shall consist of the value of the land occupied and the amount of the damage caused to the servient estate. If the usufruct is constituted on immovable property of which a building forms part, and the latter should be destroyed in any manner whatsoever, the usufructuary shall have a right to make use of the land and the materials. (378). Nevertheless, if by reason of the place originally assigned, or of the manner established for the use of the easement, the same should become very inconvenient to the owner of the servient estate, or should prevent him from making any important works, repairs or improvements thereon, it may be changed at his expense, provided he offers another place or manner equally convenient and in such a way that no injury is caused thereby to the owner of the dominant estate or to those who may have a right to the use of the easement. (379a), Art. (583). It is understood that there is bad faith on the part of the landowner whenever the act was done with his knowledge and without opposition on his part. 569. (n). Art. 653. If the useful improvements can be removed without damage to the principal thing, the possessor in good faith may remove them, unless the person who recovers the possession exercises the option under paragraph 2 of the preceding article. Partition may be made by agreement between the parties or by judicial proceedings. 451. 600. 465. 533. The owner of a parcel of land is the owner of its surface and of everything under it, and he can construct thereon any works or make any plantations and excavations which he may deem proper, without detriment to servitudes and subject to special laws and ordinances. Art. (497), Art. Art. In either case they shall be distributed as civil fruits, and shall be applied in the manner prescribed in the preceding article. 437. (346a). (447), Art. The procedure for the quieting of title or the removal of a cloud therefrom shall be governed by such rules of court as the Supreme Court shall promulgated. 605. 422. (541a), Art. (480), Art. 697. These contracts are enumerated under Chapter 8, Articles 1403 paragraph (2) of the Civil Code of the Philippines. (581a). By ordinary repairs are understood such as are required by the wear and tear due to the natural use of the thing and are indispensable for its preservation. 656. (388), Art. 665. 489. The same rule shall be observed with respect to implements, tools and other movable property necessary for an industry or vocation in which he is engaged. CIVIL CODE OF THE PHILIPPINE - ARTICLE 29. "Civil Code Of The Phlippines Article 694" Essays and Research Papers . (582a), Art. (n). A usufructuary who alienates or leases his right of usufruct shall answer for any damage which the things in usufruct may suffer through the fault or negligence of the person who substitutes him. 551. 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. 670. 590. In nurseries, the usufructuary may make the necessary thinnings in order that the remaining trees may properly grow. Art. 633. (505). (362), Art. (500), Art. They comprise: 1. 432. (534). 425. 576. (345a), Whenever the word "muebles," or "furniture," is used alone, it shall not be deemed to include money, credits, commercial securities, stocks and bonds, jewelry, scientific or artistic collections, books, medals, arms, clothing, horses or carriages and their accessories, grains, liquids and merchandise, or other things which do not have as their principal object the furnishing or ornamenting of a building, except where from the context of the law, or the individual declaration, the contrary clearly appears. Article 1648. MAIN INDEX: Preliminary Title Articles 1-36: Book One Articles 37-413: Book Two Articles 414-711: Book Three Articles 712-1155: Book Four Articles 1156-2270: Read the full text of the Civil Code of the Philippines … In no case may possession be acquired through force or intimidation as long as there is a possessor who objects thereto. (1) Continuous or intermittent waters rising on lands of private ownership, while running through the same; (2) Lakes and lagoons, and their beds, formed by Nature on such lands; (3) Subterranean waters found on the same; (4) Rain waters falling on said lands, as long as they remain within the boundaries; (5) The beds of flowing waters, continuous or intermittent, formed by rain water, and those of brooks, crossing lands which are not of public dominion. (n). [Civil Code of the Philippines] Book IV Title XI-XVI [Credit Transactions] TITLE XI LOAN General Provisions. (579a). (357), Art. The usufructuary of an action to recover real property or a real right, or any movable property, has the right to bring the action and to oblige the owner thereof to give him the authority for this purpose and to furnish him whatever proof he may have. (350a). Any one who does not wish to contribute may exempt himself by renouncing the easement for the benefit of the others. For determining what titles are subject to inscription or annotation, as well as the form, effects, and cancellation of inscriptions and annotations, the manner of keeping the books in the Registry, and the value of the entries contained in said books, the provisions of the Mortgage Law, the Land Registration Act, and other special laws shall govern. The builder, planter or sower in bad faith is entitled to reimbursement for the necessary expenses of preservation of the land. Art. 564. Should the usufruct be on sterile animals, it shall be considered, with respect to its effects, as though constituted on fungible things. Art. In the preceding articles, sentimental value shall be duly appreciated. (592), Art. (405), Art. 455. Easements are also positive or negative. 431. 456. (407). Whenever the usufruct includes things which cannot be used without being consumed, the usufructuary shall have the right to make use of them under the obligation of paying their appraised value at the termination of the usufruct, if they were appraised when delivered. 596. (538a), Art. At present in India, there are a set of different laws for people belonging to different communities. With respect to animals, it is sufficient that they are in the womb of the mother, although unborn. (404), Art. 664. (569a). 21 - 30 of 500 . Article 494 Art. Art. (380), Art. Whenever a large tree threatens to fall in such a way as to cause damage to the land or tenement of another or to travelers over a public or private road, the owner of the tree shall be obliged to fell and remove it; and should he not do so, it shall be done at his expense by order of the administrative authorities. The Civil Code comprises a body of rules which, in all matters within the letter, spirit or object of its provisions, lays down the jus commune, expressly or by implication.In these matters, the Code is the foundation of all other laws, although other laws may complement the Code or make exceptions to it. In case the right of way is limited to the necessary passage for the cultivation of the estate surrounded by others and for the gathering of its crops through the servient estate without a permanent way, the indemnity shall consist in the payment of the damage caused by such encumbrance. Art. The interest on the indemnity shall be deemed to be in payment of rent for the use of the easement. 424. If it is the dominant estate that is divided between two or more persons, each of them may use the easement in its entirety, without changing the place of its use, or making it more burdensome in any other way. (413), Art. 650. 599. In 1924 it became mandatory. Lapse of time cannot legalize any nuisance, whether public or private. But the real right of possession is not lost till after the lapse of ten years. (481), Art. (457a), Art. Whenever the owner of the material employed without his consent has a right to an indemnity, he may demand that this consist in the delivery of a thing equal in kind and value, and in all other respects, to that employed, or else in the price thereof, according to expert appraisal. Art. No person shall build any aqueduct, well, sewer, furnace, forge, chimney, stable, depository of corrosive substances, machinery, or factory which by reason of its nature or products is dangerous or noxious, without observing the distances prescribed by the regulations and customs of the place, and without making the necessary protective works, subject, in regard to the manner thereof, to the conditions prescribed by such regulations. 611. 582. Art. Should there be no majority, or should the resolution of the majority be seriously prejudicial to those interested in the property owned in common, the court, at the instance of an interested party, shall order such measures as it may deem proper, including the appointment of an administrator. Only such as are manifest or born are considered as natural or industrial fruits. The easement of right of way shall be established at the point least prejudicial to the servient estate, and, insofar as consistent with this rule, where the distance from the dominant estate to a public highway may be the shortest. 579. 625. The same rule shall be applied in case a new road is opened giving access to the isolated estate. (360a), Art. Any private person may abate a public nuisance which is specially injurious to him by removing, or if necessary, by destroying the thing which constitutes the same, without committing a breach of the peace, or doing unnecessary injury. 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. (n), Art. document.write("1998 - "+yr); 438. (352). CC0694 CC_0694-0707 Republic Act No. 646. Article 694 and 695 of the Civil Code of the Philippines. Art. (520), Art. Nevertheless, the owner of the tenement or property adjoining the wall in which the openings are made can close them should he acquire part-ownership thereof, if there be no stipulation to the contrary. (445), A possessor deprived of his possession through forcible entry may within ten days from the filing of the complaint present a motion to secure from the competent court, in the action for forcible entry, a writ of preliminary mandatory injunction to restore him in his possession. August 20, 2017 ARTICLE 29 When the accused in a criminal prosecution is acquitted on the ground that his guilt has not been proved beyond reasonable doubt, a civil action for damages for the same act or omission may be instituted. (2) Continuous or intermittent waters of springs and brooks running in their natural beds and the beds themselves; (3) Waters rising continuously or intermittently on lands of public dominion; (4) Lakes and lagoons formed by Nature on public lands, and their beds; (5) Rain waters running through ravines or sand beds, which are also of public dominion; (7) Waters found within the zone of operation of public works, even if constructed by a contractor; (8) Waters rising continuously or intermittently on lands belonging to private persons, to the State, to a province, or to a city or a municipality from the moment they leave such lands; (9) The waste waters of fountains, sewers and public establishments. (596). If it has been constituted, and before the expiration of such period the town is abandoned, or the corporation or association is dissolved, the usufruct shall be extinguished by reason thereof. These prohibitions cannot be altered or renounced by stipulation on the part of the adjoining proprietors. One who recovers, according to law, possession unjustly lost, shall be deemed for all purposes which may redound to his benefit, to have enjoyed it without interruption. (450a). If the owner of the servient estate should have bound himself, upon the establishment of the easement, to bear the cost of the work required for the use and preservation thereof, he may free himself from this obligation by renouncing his property to the owner of the dominant estate. Thing has the right of way retains it if a portion of land is separated from the time usufruct! A thing, without judicial proceedings the provisions of this title as are manifest or are! 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