Anda di halaman 1dari 3

CASTILLO, CHESKA MARIE R.

ARCH -2C

REPUBLIC ACT NO. 386

AN ACT TO ORDAIN AND INSTITUTE THE CIVIL CODE OF THE PHILIPPINES

TITLE II

CITIZENSHIP AND DOMECILE

Article 48. The following are citizens of the Philippines:

(1) Those who were citizens of the Philippines at the time of the adoption of the
Constitution of the Philippines;

(3) Those whose fathers are citizens of the Philippines;

(4) Those whose mothers are citizens of the Philippines and, upon reaching the age
of majority, elect Philippine citizenship

SECTION 3
Easement of Right of Way

Article 649. The owner, or any person who by virtue of a real right may cultivate or us any
immovable, which is surrounded by other immovables pertaining to other persons and
without adequate outlet to a public highway, is entitled to demand a right of waythrough
the neighboring estates, after payment of the proper indemnity.

Should this easement be established in such a manner that its use may be continuous
for all the needs of the dominant estate, establishing a permanent passage, the indemnity
shall consist of the value of the land occupied and the amount of the damage caused to
the servient estate.

Article 650. The easement of right of way shall be established at the point least prejudicial
to the servient estate, and, insofar as consistent with this rule, where the distance from
the dominant estate to a public highway may be the shortest. (565)

Article 651. The width of the easement of right of way shall be that which is sufficient for
the needs of the dominant estate, and may accordingly be changed from time to time.
(566a)

Article 656. If it be indispensable for the construction, repair, improvement, alteration or


beautification of a building, to carry materials through the estate of another, or to raise
therein scaffolding or other objects necessary for the work, the owner of such estate shall
be obliged to permit the act, after receiving payment of the proper indemnity for the
damage caused him. (569a)

SECTION 6

Drainage of Buildings

Article 674. The owner of a building shall be obliged to construct its roof or covering in
such manner that the rain water shall fall on his own land or on a street or public place,
and not on the land of his neighbor, even though the adjacent land may belong to two or
more persons, one of whom is the owner of the roof. Even if it should fall on his own land,
the owner shall be obliged to collect the water in such a way as not to cause damage to
the adjacent land or tenement. (586a)

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 solidarily
liable with the contractor.

Acceptance of the building, after completion, does not imply waiver of any of the causes
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. (n)

ARTICLE 1724. The contractor who undertakes to build a structure or any other work for
a stipulated price, in conformity with plans and specifications agreed upon with the land-
owner, can neither withdraw from the contract nor demand an increase in the price on
account of the higher cost of labor or materials, save when there has been a change in
the plans and specifications, provided:

(1) Such change has been authorized by the proprietor in writing; and

(2) The additional price to be paid to the contractor has been determined in writing by
both parties. (1593a)

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. (1594a)

ARTICLE 1726. When a piece of work has been entrusted to a person by reason of his
personal qualifications, the contract is rescinded upon his death.

In this case the proprietor shall pay the heirs of the contractor in proportion to the price
agreed upon, the value of the part of the work done, and of the materials prepared,
provided the latter yield him some benefit.

The same rule shall apply if the contractor cannot finish the work due to circumstances
beyond his control. (1595)

Reference:
Civil Code of the Philippines, RA Section 3, Easement of Right of Way, RA 386 Section 3, Contract
for a piece of work.