RA 386 - Civil Code of the Philippines

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39 Terms

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Article 2177

This article states that “Responsibility for fault or negligence under the preceding article is entirely separate and distinct from the civil liability arising from negligence under the Penal Code. But the plaintiff cannot recover damages twice for the same act or omission of the defendant”

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actual or compensatory damages

Compensation for pecuniary loss that one has duly proved as stated in Article 2199.
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Article 8

States that judicial decisions applying or interpreting laws become part of the legal system.
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Quasi-contracts
Arise from unilateral acts to prevent unjust enrichment or benefit at another's expense as described in Article 2142.
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Quasi-delict
Term used for fault or negligence causing damage without a pre-existing contractual relationship as per Article 2176.
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fifteen years

Article 1723 details the liability of engineers or architects regarding defects in construction within _____ of completion.

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main purpose of Civil Code of the Philippines

Defines relationships and obligations among private individuals, and does not regulate criminal behavior.
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Criminal liabilities
Not covered by the Civil Code of the Philippines.
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immovable or real property

Includes a building constructed on leased land.
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Obligation to give a specific thing

this type of obligation is extinguished when the specific thing is lost or destroyed without the fault of the debtor and the debtor is not liable for damages.

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August 30 1950

The date when the Civil Code of the Philippines (Republic Act No. 386) came into effect.
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ignorance of the law excuses no one from compliance therewith

Article 3 of the Civil code

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justice
honesty
good faith

What every person must observe in the exercise of rights and duties according to Chapter 2, Human Relations.
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death

Article 42 states that civil personality is extinguished by ____

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private individuals with legal capacity

They are NOT considered juridical persons according to Article 44.

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The Civil Code of the Philippines
Official title of Republic Act No. 386 as stated in Article 1.
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Persons

Focus of Book I of the Civil Code of the Philippines (RA 386).
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Public order or public policy

Article 11 of the Civil Code of the Philippines provide that “Customs which are contrary to law, _________ order or _________ policy shall not be countenanced”

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15 days

When laws take effect as outlined in Article 2 of the Civil Code after publication in a newspaper

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immovable

A house is a type of ___ property

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Private residential homes

They are NOT classified as property of public dominion

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The right to enjoy and dispose of it, subject to legal limitations

What right does an owner have regarding their property as stated in Article 428?

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Persons

Book I title

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property, ownership, and its modifications

Book II title

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different modes of acquiring ownership

Book III title

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obligations and contracts

Book IV title

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immovable or real
movable or personal

two classifications of property

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public domain
private ownership

two classifications of property in relation to the person whom it belongs

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matrimonial property

property acquired through marriage

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patrimonial

property acquired through conversion of public property to private

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public domain

property intended for public use

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possession

It is the holding of a thing or the enjoyment of a right

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deed of donation

a document that transfers the title of ownership of a property from one person (donor) to another (donee)

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avoid inheritance tax

importance of deed of donation instead of inheriting a property

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indemnity insurance

type of coverage that protects professionals and businesses against financial losses arising from claims of negligence, mistakes, or omissions in their work.

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usufruct

the right to enjoy the property of another with obligation of preserving its form and substance, unless the title constituting it or the law otherwise provides

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usufructuary

refers to the person who enjoys another’s property

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naked owner

refers to the person who actually owns the property

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natural fruit
industrial fruit
civil fruit

three types of fruits in ownership