(495), Art. (539), Art. 434. Full text of the Civil Code of the Philippines [Republic Act No. 652. Art. Personal rights pertaining to third persons against the co-ownership shall also remain in force, notwithstanding the partition. The expenses, costs and liabilities in suits brought with regard to the usufruct shall be borne by the usufructuary. (352). Section 2. When any property is condemned or seized by competent authority in the interest of health, safety or security, the owner thereof shall not be entitled to compensation, unless he can show that such condemnation or seizure is unjustified. Whenever the naked ownership of a tenement or piece of land belongs to one person and the beneficial ownership to another, no perpetual voluntary easement may be established thereon without the consent of both owners. 435. The titles of ownership, or of other rights over immovable property, which are not duly inscribed or annotated in the Registry of Property shall not prejudice third persons. Art. This Code shall take effect one year after the completion of its publication in a newspaper of general circulation, as certified by the Executive Secretary, Office of the President. Art. 691. Should the usufructuary fail to make them after demand by the owner, the latter may make them at the expense of the usufructuary. (n), Art. Whenever the owner of the accessory thing has made the incorporation in bad faith, he shall lose the thing incorporated and shall have the obligation to indemnify the owner of the principal thing for the damages he may have suffered. A usufruct granted for the time that may elapse before a third person attains a certain age, shall subsist for the number of years specified, even if the third person should die before the period expires, unless such usufruct has been expressly granted only in consideration of the existence of such person. 708. 422. (n), For this purpose he shall notify the owner of the servient estate, and shall choose the most convenient time and manner so as to cause the least inconvenience to the owner of the servient estate. 433. Each one of the participants of a thing possessed in common shall be deemed to have exclusively possessed the part which may be allotted to him upon the division thereof, for the entire period during which the co-possession lasted. The plaintiff must return to the defendant all benefits he may have received from the latter, or reimburse him for expenses that may have redounded to the plaintiff's benefit. Art. (n), Art. (504). 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. (522a), The immovable in favor of which the easement is established is called the dominant estate; that which is subject thereto, the servient estate. (376). 257. (538a), Art. 696. It may also be constituted on a right, provided it is not strictly personal or intransmissible. (1) Whenever in the dividing wall of buildings there is a window or opening; (2) Whenever the dividing wall is, on one side, straight and plumb on all its facement, and on the other, it has similar conditions on the upper part, but the lower part slants or projects outward; (3) Whenever the entire wall is built within the boundaries of one of the estates; (4) Whenever the dividing wall bears the burden of the binding beams, floors and roof frame of one of the buildings, but not those of the others; (5) Whenever the dividing wall between courtyards, gardens, and tenements is constructed in such a way that the coping sheds the water upon only one of the estates; (6) Whenever the dividing wall, being built of masonry, has stepping stones, which at certain intervals project from the surface on one side only, but not on the other; (7) Whenever lands inclosed by fences or live hedges adjoin others which are not inclosed. 21. (560), Art. (530), Art. 1990). 517. A donor or testator may prohibit partition for a period which shall not exceed twenty years. 432. THE SPANISH ANTECEDENTS OF THE PHILIPPINE CIVIL CODE On the morning of 19 October 1469, in a private residence in Valladolid, more than a hundred miles northwest of Madrid as the crow flies, a wedding took place. (564a), Art. (532). No person shall be deprived of his property except by competent authority and for public use and always upon payment of just compensation. Art. 552. Any stipulation in a contract to the contrary shall be void. Compiled by The Law Firm of Chan Robles & Associates - Philippines. Art. (n). One who for the purpose of irrigating or improving his estate, has to construct a stop lock or sluice gate in the bed of the stream from which the water is to be taken, may demand that the owners of the banks permit its construction, after payment of damages, including those caused by the new easement to such owners and to the other irrigators. (536), Art. 536. In 1940, Pres. (1) To make, after notice to the owner or his legitimate representative, an inventory of all the property, which shall contain an appraisal of the movables and a description of the condition of the immovables; (2) To give security, binding himself to fulfill the obligations imposed upon him in accordance with this Chapter. 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. There is no crime unless the act is defined and penalized by this Code or other laws at the time of commission. (441a), Art. 665. Old Civil Code. (444), Art. Neither shall there be any partition when it is prohibited by law. No windows, apertures, balconies, or other similar projections which afford a direct view upon or towards an adjoining land or tenement can be made, without leaving a distance of two meters between the wall in which they are made and such contiguous property. Necessary expenses shall be refunded to every possessor; but only the possessor in good faith may retain the thing until he has been reimbursed therefor. 533. 615. 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. Continuous nonapparent easements, and discontinuous ones, whether apparent or not, may be acquired only by virtue of a title. CASES ON ARTICLES 15, 16 & 17, CIVIL CODE OF THE PHILIPPINES NELSON NUFABLE, SILMOR NUFABLE and AQUILINA NUFABLE, petitioners, vs. GENEROSA NUFABLE, VILFOR NUFABLE, MARCELO NUFABLE, and the COURT OF APPEALS, respondents, G.R. This paper. 687. 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. 657. 699. (367), Art. 436. (356). Whenever the things united can be separated without injury, their respective owners may demand their separation. In either case they shall be distributed as civil fruits, and shall be applied in the manner prescribed in the preceding article. 586. 601. (419), Art. If the owner chooses the latter alternative, he shall give security for the payment of the interest. 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. Laws. (395a), Art. 487. (372a), Art. Every landowner shall have the right to demand that trees hereafter planted at a shorter distance from his land or tenement be uprooted. Improvements caused by nature or time shall always insure to the benefit of the person who has succeeded in recovering possession. 673. The title and, in a proper case, the possession of an easement acquired by prescription shall determine the rights of the dominant estate and the obligations of the servient estate. (368a), Art. Art. 616. The Civil Code of 1889 itself was repealed by Republic Act No. Furthermore, the owner may, if he so prefers, until the usufructuary gives security or is excused from so doing, retain in his possession the property in usufruct as administrator, subject to the obligation to deliver to the usufructuary the net proceeds thereof, after deducting the sums which may be agreed upon or judicially allowed him for such administration. 454. (393a), Art. In no case may possession be acquired through force or intimidation as long as there is a possessor who objects thereto. 599. (499a). 495. (n), Art. For this purpose, he may use such force as may be reasonably necessary to repel or prevent an actual or threatened unlawful physical invasion or usurpation of his property. The principal thing, as between two things incorporated, is deemed to be that to which the other has been united as an ornament, or for its use or perfection. Upon the establishment of an easement, all the rights necessary for its use are considered granted. 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. PRELIMINARY TITLE. Possession acquired in good faith does not lose this character except in the case and from the moment facts exist which show that the possessor is not unaware that he possesses the thing improperly or wrongfully. The parties shall agree upon the terms of the lease and in case of disagreement, the court shall fix the terms thereof. 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. Any one of the co-owners may bring an action in ejectment. Art. Art. 001 DRAINAGE OF BUILDINGS (CIVIL CODE) EXCERPTS from the CIVIL CODE OF THE PHILIPPINES R.. A. If the one who has acted in bad faith is the owner of the principal thing, the owner of the accessory thing shall have a right to choose between the former paying him its value or that the thing belonging to him be separated, even though for this purpose it be necessary to destroy the principal thing; and in both cases, furthermore, there shall be indemnity for damages. (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. 1965 ) quezon formed a commission to draft a new Civil Code the... Of which is or may be extended by a fortuitous event made in such manner as not to the... Accordance with Article 498 not make use of waters artificially brought to the proprietor of the Philippines. ” n. 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