Civil Code of the Philippines.
Country
Type of law
Legislation
Abstract
The Civil Code of the Philippines is a comprehensive legal code that governs various aspects of civil law in the Philippines. The Civil Code was enacted in 1949 and covers the following: Persons (Book I); Property, ownership and its modifications (Book II); Different manners of acquiring ownership (Book III); Obligations and contracts (Book IV).
PROPERTY AND REAL RIGHTS. Books II and III Civil Code contain rules on property rights, ownership and possession. The owner has the right to enjoy and dispose of a thing, without other limitations than those established by law. The owner has also a right of action against the holder and possessor of the thing in order to recover it (article 428). Provisions are laid down with respect to rights of accession and co-ownership. Title IV of Book II sets out specific rules on ownership of waters and mineral resources.
OBLIGATIONS AND CONTRACTS. Book IV sets out general principles and rules applicable to obligations and to contracts. Obligations arise from: (1) Law; (2) Contracts; (3) Quasi-contracts; (4) Acts or omissions punished by law; and (5) Quasi-delicts. Article 1305 gives the general definition of contracts: "A contract is a meeting of minds between two persons whereby one binds himself, with respect to the other, to give something or to render some service." In addition to these general rules on contracts, specific provisions are laid down regarding trusts (art. 1440), sales (art. 1458), lease (art. 1642). Article 1646 sets out rules on lease of rural lands.
INHERITANCE. The law of succession is included under Title IV of Book III. Succession may be testamentary, legal or intestate, or mixed.
WATER. Articles 502-518 govern the use of public waters and make provision on private waters as well. The following are of public dominion: rivers and their natural beds; continuous or intermittent waters of springs and brooks running in their natural beds and the beds themselves; waters rising continuously or intermittently on lands of public dominion; lakes and lagoons formed by nature on public lands, and their beds; rain waters running through ravines or sand beds, which are also of public dominion; subterranean waters on public lands; waters found within the zone of operation of public works, even if constructed by a contractor; 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; the waste waters of fountains, sewers and public establishments. The following are of private ownership: continuous or intermittent waters rising on lands of private ownership, while running through the same; lakes and lagoons, and their beds, formed by Nature on such lands; subterranean waters found on the same; rain waters falling on said lands, as long as they remain within the boundaries; the beds of flowing waters, continuous or intermittent, formed by rain water, and those of brooks, crossing lands which are not of public dominion. In every drain or aqueduct, the water, bed, banks and floodgates shall be considered as an integral part of the land of building for which the waters are intended. 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.
PROPERTY AND REAL RIGHTS. Books II and III Civil Code contain rules on property rights, ownership and possession. The owner has the right to enjoy and dispose of a thing, without other limitations than those established by law. The owner has also a right of action against the holder and possessor of the thing in order to recover it (article 428). Provisions are laid down with respect to rights of accession and co-ownership. Title IV of Book II sets out specific rules on ownership of waters and mineral resources.
OBLIGATIONS AND CONTRACTS. Book IV sets out general principles and rules applicable to obligations and to contracts. Obligations arise from: (1) Law; (2) Contracts; (3) Quasi-contracts; (4) Acts or omissions punished by law; and (5) Quasi-delicts. Article 1305 gives the general definition of contracts: "A contract is a meeting of minds between two persons whereby one binds himself, with respect to the other, to give something or to render some service." In addition to these general rules on contracts, specific provisions are laid down regarding trusts (art. 1440), sales (art. 1458), lease (art. 1642). Article 1646 sets out rules on lease of rural lands.
INHERITANCE. The law of succession is included under Title IV of Book III. Succession may be testamentary, legal or intestate, or mixed.
WATER. Articles 502-518 govern the use of public waters and make provision on private waters as well. The following are of public dominion: rivers and their natural beds; continuous or intermittent waters of springs and brooks running in their natural beds and the beds themselves; waters rising continuously or intermittently on lands of public dominion; lakes and lagoons formed by nature on public lands, and their beds; rain waters running through ravines or sand beds, which are also of public dominion; subterranean waters on public lands; waters found within the zone of operation of public works, even if constructed by a contractor; 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; the waste waters of fountains, sewers and public establishments. The following are of private ownership: continuous or intermittent waters rising on lands of private ownership, while running through the same; lakes and lagoons, and their beds, formed by Nature on such lands; subterranean waters found on the same; rain waters falling on said lands, as long as they remain within the boundaries; the beds of flowing waters, continuous or intermittent, formed by rain water, and those of brooks, crossing lands which are not of public dominion. In every drain or aqueduct, the water, bed, banks and floodgates shall be considered as an integral part of the land of building for which the waters are intended. 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.
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Date of text
Repealed
No
Source language
English
Legislation Amendment
No