The use by the person or partnership continuing the business of the partnership name, or the name of a deceased partner as part thereof, shall not of itself make the individual property of the deceased partner liable for any debts contracted by such person or partnership. Acts executed against the provisions of mandatory or prohibitory laws shall be void, except when the law itself authorizes their validity. In any of the following cases, the father is obliged to recognize the child as his natural child: (1) In cases of rape, abduction or seduction, when the period of the offense coincides more or less with that of the conception; (2) When the child is in continuous possession of status of a child of the alleged father by the direct acts of the latter or of his family; (3) When the child was conceived during the time when the mother cohabited with the supposed father; (4) When the child has in his favor any evidence or proof that the defendant is his father. (40a), Article 51. If the testator, heir, or legatee owns only a part of, or an interest in the thing bequeathed, the legacy or devise shall be understood limited to such part or interest, unless the testator expressly declares that he gives the thing in its entirety. Children conceived or born of marriages which are void from the beginning shall have the same status, rights and obligations as acknowledged natural children, and are called natural children by legal fiction. (1073a), Article 1098. (448a), Article 542. A third person with whom the agent wishes to contract on behalf of the principal may require the presentation of the power of attorney, or the instructions as regards the agency. Warranty in Case of Eviction. Article 1205. The agent may appoint a substitute if the principal has not prohibited him from doing so; but he shall be responsible for the acts of the substitute: (1) When he was not given the power to appoint one; (2) When he was given such power, but without designating the person, and the person appointed was notoriously incompetent or insolvent. Upon the defendant's motion, the court may require the plaintiff to file a bond to indemnify the defendant in case the complaint should be found to be malicious. Neither does the lessee have any right to a reduction of the rent if the fruits are lost after they have been separated from their stalk, root or trunk. If there are two or more alienations, the first acquirer shall be liable first, and so on successively. In the meantime, the action derived from the original obligation shall be held in the abeyance. The following persons shall exercise substitute parental authority: (3) Heads of children's homes, orphanages, and similar institutions; (4) Directors of trade establishments, with regard to apprentices; Article 350. (173a). The price of securities, grain, liquids, and other things shall also be considered certain, when the price fixed is that which the thing sold would have on a definite day, or in a particular exchange or market, or when an amount is fixed above or below the price on such day, or in such exchange or market, provided said amount be certain. If the testator orders that a thing belonging to another be acquired in order that it be given to a legatee or devisee, the heir upon whom the obligation is imposed or the estate must acquire it and give the same to the legatee or devisee; but if the owner of the thing refuses to alienate the same, or demands an excessive price therefor, the heir or the estate shall only be obliged to give the just value of the thing. The owner of a tenement or a piece of land, subject to the easement of receiving water falling from roofs, may build in such manner as to receive the water upon his own roof or give it another outlet in accordance with local ordinances or customs, and in such a way as not to cause any nuisance or damage whatever to the dominant estate. If the movable cannot be kept without deterioration, or without expenses which considerably diminish its value, it shall be sold at public auction eight days after the publication. (n), Article 324. Article 2267. Article 374. (875a), Article 942. In case the death certificate cannot be found, the party shall make an affidavit setting forth this circumstance and his or her actual civil status and the name and the date of the death of the deceased spouse. No person can change his name or surname without judicial authority. Laws shall take effect after fifteen days following the completion of their publication in the Official Gazette, unless it is otherwise . Judicial decisions applying or interpreting the laws or the Constitution shall form a part of the legal system of the Philippines. Private corporations are regulated by laws of general application on the subject. The heir, charged with a legacy or devise, or the executor or administrator of the estate, must deliver the very thing bequeathed if he is able to do so and cannot discharge this obligation by paying its value. This action can only be exercised with respect to faults and defects which are determined by law or by local customs. (117a). The vendee is subrogated to the vendor's rights and actions. (1404a), Article 159. It is presumed that there is legal subrogation: (1) When a creditor pays another creditor who is preferred, even without the debtor's knowledge; (2) When a third person, not interested in the obligation, pays with the express or tacit approval of the debtor; (3) When, even without the knowledge of the debtor, a person interested in the fulfillment of the obligation pays, without prejudice to the effects of confusion as to the latter's share. A mere incidental benefit or interest of a person is not sufficient. (1159a), Article 1238. A compulsory heir may, in consequence of disinheritance, be deprived of his legitime, for causes expressly stated by law. After the public auction, the pledgee shall promptly advise the pledgor or owner of the result thereof. Article 662. Easements are also positive or negative. Article 1700. The owners of adjoining lands shall also have the right of redemption when a piece of rural land, the area of which does not exceed one hectare, is alienated, unless the grantee does not own any rural land. In this case, indemnity for damages may be demanded from the person causing the loss. In case of conflict, the court shall decide the question, after consulting the family council, if there is any. Every agent is bound to render an account of his transactions and to deliver to the principal whatever he may have received by virtue of the agency, even though it may not be owing to the principal. (137), Article 287. When by law or stipulation, the obligor is liable even for fortuitous events, the loss of the thing does not extinguish the obligation, and he shall be responsible for damages. The lessee is responsible for the deterioration or loss of the thing leased, unless he proves that it took place without his fault. Article 310. Article 908. When the courts declared a law to be inconsistent with the Constitution, the former shall be void and the latter shall govern. When a passenger is carried gratuitously, a stipulation limiting the common carrier's liability for negligence is valid, but not for wilful acts or gross negligence. (n). However, the owners of the lands adjoining the old bed shall have the right to acquire the same by paying the value thereof, which value shall not exceed the value of the area occupied by the new bed. Obligation to pay your tuition fee at school (to give) Unenforceable contracts cannot be assailed by third persons. In order that an obligation may be extinguished by another which substitute the same, it is imperative that it be so declared in unequivocal terms, or that the old and the new obligations be on every point incompatible with each other. (1677), Article 1783. (1276), Article 1354. Damages other than the value of the last thing or service may also be awarded. 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