REPUBLIC ACT NO.
386
CIVIL CODE
Article 1.
• This Act shall be known as the "Civil Code of the
Philippines."
Article 3. Ignorance of the law excuses no one from
compliance therewith.
Ownership in General
Article 430. Every owner may enclose or fence his land or
tenements by means of walls, ditches, live or dead hedges, or by
any other means without detriment to servitudes constituted
thereon.
Article 431. The owner of a thing cannot make use thereof in such
manner as to injure the rights of a third person.
Article 432. The owner of a thing has no right to prohibit the
interference of another with the same, if the interference is
necessary to avert an imminent danger and the threatened
damage, compared to the damage arising to the owner from the
interference, is much greater. The owner may demand from the
person benefited indemnity for the damage to him.
Article 435. No person shall be deprived of his property except by
competent authority and for public use and always upon payment
of just compensation.
Ownership in General
• Article 436. 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. (n) ARTICLE 437. 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. He cannot complain of the reasonable
requirements of aerial navigation.
• Article 438. Hidden treasure belongs to the owner of the land, building, or
other property on which it is found.
• Nevertheless, when the discovery is made on the property of another, or of
the State or any of its subdivisions, and by chance, one-half thereof shall
be allowed to the finder. If the finder is a trespasser, he shall not be
entitled to any share of the treasure.
• If the things found be of interest to science or the arts, the State may
acquire them at their just price, which shall be divided in conformity with
the rule stated.
• Article 482. If a building, wall, column, or any
other construction is in danger of falling, the owner
shall be obliged to demolish it or to execute the
necessary work in order to prevent it from falling.
• If the proprietor does not comply with this
obligation, the administrative authorities may
order the demolition of the structure at the
expense of the owner, or take measures to insure
public safety.
SECTION 3 Contract for a Piece of Work
Article 1713. By the contract for a piece of work the
contractor binds himself to execute a piece of work for
the employer, in consideration of a certain price or
compensation. The contractor may either employ only his
labor or skill, or also furnish the material.
Article 1714. If the contractor agrees to produce the work
from material furnished by him, he shall deliver the thing
produced to the employer and transfer dominion over the
thing. This contract shall be governed by the following
articles as well as by the pertinent provisions on warranty
of title and against hidden defects and the payment of
price in a contract of sale.
SECTION 3 Contract for a Piece of Work
Article 1715. The contract shall execute the work in such
a manner that it has the qualities agreed upon and has no
defects which destroy or lessen its value or fitness for its
ordinary or stipulated use. Should the work be not of
such quality, the employer may require that the
contractor remove the defect or execute another work. If
the contract fails or refuses to comply with this obligation
the employer may have the defect removed or another
work executed, at the contractor's cost.
SECTION 3 Contract for a Piece of Work
Article 1716. An agreement waiving or limiting
the contractor's liability for any defect in the
work is void if the contractor acted fraudulently.
SECTION 3 Contract for a Piece of Work
Article 1717. If the contractor bound himself to
furnish the material, he shall suffer the loss if
the work should be destroyed before its
delivery, save when there has been delay in
receiving it.
SECTION 3 Contract for a Piece of Work
Article 1718. The contractor who has
undertaken to put only his work or skill, cannot
claim any compensation if the work should be
destroyed before its delivery, unless there has
been delay in receiving it, or if the destruction
was caused by the poor quality of the material,
provided this fact was communicated in due
time to the owner. If the material is lost through
a fortuitous event, the contract is extinguished.
SECTION 3 Contract for a Piece of Work
Article 1719. Acceptance of the work by the
employer relieves the contractor of liability for
any defect in the work, unless:
(1) The defect is hidden and the employer is not,
by his special knowledge, expected to recognize
the same; or
(2) The employer expressly reserves his rights
against the contractor by reason of the defect.
SECTION 3 Contract for a Piece of Work
Article 1720. The price or compensation shall be paid
at the time and place of delivery of the work, unless
there is a stipulation to the contrary. If the work is to
be delivered partially, the price or compensation for
each part having been fixed, the sum shall be paid at
the time and place of delivery, in the absence if
stipulation.
SECTION 3 Contract for a Piece of Work
Article 1721. If, in the execution of the work, an act of
the employer is required, and he incurs in delay or
fails to perform the act, the contractor is entitled to a
reasonable compensation.
The amount of the compensation is computed, on the
one hand, by the duration of the delay and the
amount of the compensation stipulated, and on the
other hand, by what the contractor has saved in
expenses by reason of the delay or is able to earn by a
different employment of his time and industry.
SECTION 3 Contract for a Piece of Work
Article 1722. If the work cannot be completed on account
of a defect in the material furnished by the employer, or
because of orders from the employer, without any fault on
the part of the contractor, the latter has a right to an
equitable part of the compensation proportionally to the
work done, and reimbursement for proper expenses made.
SECTION 3 Contract for a Piece of Work
Article 1723. The engineer or architect who drew up the
plans and specifications for a building is liable for
damages if within fifteen years from the completion of
the structure, the same should collapse by reason of a
defect in those plans and specifications, or due to the
defects in the ground. The contractor is likewise
responsible for the damages if the edifice falls, within the
same period, on account of defects in the construction or
the use of materials of inferior quality furnished by him,
or due to any violation of the terms of the contract. If the
engineer or architect supervises the construction, he shall
be solitarily liable with the contractor.
SECTION 3 Contract for a Piece of Work
Acceptance of the building, after completion, does not
imply waiver of any of the cause of action by reason of
any defect mentioned in the preceding paragraph.
The action must be brought within ten years following
the collapse of the building.
SECTION 3 Contract for a Piece of Work
Acceptance of the building, after completion, does not
imply waiver of any of the cause of action by reason of
any defect mentioned in the preceding paragraph.
The action must be brought within ten years following the
collapse of the building.
SECTION 3 Contract for a Piece of Work
Article 1725. The owner may withdraw at will from the
construction of the work, although it may have been
commenced, indemnifying the contractor for all the
latter's expenses, work, and the usefulness which the
owner may obtain therefrom, and damages.
SECTION 3 Contract for a Piece of Work
Article 1727. The contractor is responsible for the work
done by persons employed by him.
Article 1728. The contractor is liable for all the claims
of laborers and others employed by him, and of third
persons for death or physical injuries during the
construction.
