Article 2030 Any civil action or proceedings shall be stayed: (4) In the case of a manifestly unfounded civil action or proceedings against the applicant; (7) fines and civil compensation for a penal offence; Article 701 If a civil action is brought for the maintenance of a public nuisance, such action shall be brought by the mayor of the city or the mayor of the municipality. All other contracts whose amount in question exceeds five hundred pesos must be in writing, including a private contract. But the sale of property, movable property or objects in action is governed by Articles 1403, Nos. 2 and 1405. (1280 bis) 5. A general partner retires, dies, becomes insolvent or mentally ill, or is sentenced to a civil prohibition and the business continues in accordance with section 1860; Chapter 2 of the Civil Code was formulated to show certain norms that spring from the source of good conscience that will serve as golden threads through society until the end of this law, which can approach its highest ideal, which is the influence and domination of justice, the first commandment of this part derives from the institutes of Justinian: Iuris praecepta sunt haec: honeste vivere, alterum non laedere, suum cuique tribuere. (Inst. 1,1,3-4). (Translated into English: “The commandments of the law are: live honestly, hurt no one [and] give everyone his own.”). This civil action is independent of criminal prosecution (if initiated) and can be proven by a preponderance of evidence. The great mass of disputes between individuals on civil and property relations is resolved by the application of the provisions of the Civil Code.
With more than 2,000 specific provisions, the Civil Code seeks to anticipate all possible issues arising from civil and property relations and to prescribe a definitive solution to these problems. Naturally, the Civil Code itself is not in a position to provide a definitive answer to all the problems that arise; Thus, the courts also rely on precedents based on Supreme Court interpretations. The Civil Code itself recognizes this in particular when it says that “[t]he legal decisions that apply or interpret laws or the Constitution are part of the legal system of the Philippines” (Section 8 of the Civil Code), a recognition of the preponderant role that precedents currently play in Philippine law. The Civil Code is divided into four “books”, each of which is specific: Article 29. If the defendant is acquitted in a lawsuit on the grounds that his guilt has not been proven beyond any doubt, a civil action for damages for the same act or omission may be brought. Such a measure requires only a preponderance of evidence. At the request of the defendant, the court may require the plaintiff to file a security deposit in order to be liable in the event that the complaint proves to be malicious. Article 1120 Possession is interrupted for the purpose of limitation, natural or civilized. (1943) Article 166. Unless the wife has been declared non compos mentis or is subject to a civil prohibition or is imprisoned in a leper colony, the husband may not sell or encumber any property in the conjugal partnership without the wife`s consent. If she unreasonably refuses to give consent, the court can force her to grant the same.
Article 1860[edit] The retirement, death, insolvency, insanity or civil prohibition of a general partner dissolves the company, unless the enterprise is sued by the remaining general partners: Article 543. It is assumed that each of the participants in a common cause has exclusively owned the part that can be attributed to him at the time of the division for the entire period during which the co-ownership lasted. The interruption of ownership of all or part of a common thing is to the detriment of all owners. However, in the event of a civil interruption, the Rules of Procedure of the Court of Justice shall apply. (450 bis) Section 566. The usufruct is entitled to all the natural, industrial and civil fruits of the property in the usufruct. In terms of hidden treasures that can be found in the countryside or in the dwelling house, he is considered a stranger.