Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

16 CONGRESS
First Regular Session

4
HOUSE BILLNO._ 1319

Introduced by REP. EVELINA G. ESCUDERO

EXPL.

ATORY NOTE

‘The Republic Act No. 386 or the Civil Code which contains provisions on amounts in
Philippine peso was enacted into law on 18 June 1949.

Among. these provisions are: Articles 704, abatement of nuisance; 748, donations
mandated to be in writing; 1358, contracts mandated to be in writing; 1403, Statute of Frauds;
1772, partnership for Securities and Exchange Commission registration; and 2206, damages for
guasi-delict resulting in death.

This bill aims to update the amounts provided for in the foregoing provisions given that
the difference between the peso values in 1949 and the present makes such amount outdated and
obsolete. Thus, what could have been the legislative intent then may no longer apply at present
times.

On the verification of the amounts to be placed as amendments the current value of the
Philippine peso is taken into consideration, relying on the official Consumer Price Index
issued by the National Statistics Office (NSO). This is believed and theorized to be sound in
reflecting the exact figures to date.

In view of the foregoing, this representation fervently requests for the immediate passage
of this bill.

EVELINA G. ESCUDERO,


Republic of the Philippines
HOUSE OF REPRESENTATIVES,
Quezon City

16 CONGRESS
First Regular Session

4
HOUSE BILL NO. Jd 3i9

Introduced by REP. EVELINA G. ESCUDERO

AN ACT
AMENDING CERTAIN PROVISIONS OF THE REPUBLIC ACT NO. 386 OR THE
CIVIL CODE AS AMENDED

Be it enacted by the Senate and the House of Representatives of the Philippines in
Congress assembled:

SECTION 1. Articles 704, 748, 1358, 1403, 1772 and 2206 of Republic Act No. 386, as
2 amended, is hereby further amended to read as follows:

3 “Article 704. Any private person may abate a public nuisance which is
4 specially injurious to him by removing. or if necessary, by destroying the thing
5 which constitutes the same, without committing a breach of the peace, or doing
6 unnecessary injury. But it is necessary:

(1) That demand be first made upon the owner or possessor of the property to
8 abate the nuisance:

9 (2) That such demand has been rejected:

10 (3) That the abatement be approved by the district health officer and executed
nT with the assistance of the local police; and

12 (4) That the value of the destruction does not exceed [three thousand pesos] ONE
13 HUNDRED SIX THOUSAND FIVE HUNDRED TWENTY SIX AND
14 THIRTY THREE CENTAVOS.”

15 “Article 748. The donation of a movable may be made orally or in writing.
16 An oral donation requires the simultaneous delivery of the thing or of the
17 document representing the right donated.

18 If the value of the personal property donated exceeds [five thousand pesos] ONE
19 HUNDRED SEVENTY SEVEN THOUSAND FIVE HUNDRED FORTY
20 THREE AND EIGHTY EIGHT CENTAVOS, the donation and the acceptance
21 shall be made in writing. Otherwise, the donation shall be void. (632a)"

2 “Article 1358. The following must appear in a public document:

23 (1) Acts and contracts which have for their object the creation, transmission,

24 modification or extinguishment of real rights over immovable property: sales of


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real property or of an interest therein are governed by articles 1403, No. 2. and
1405;

(2) The cession, repudiation or renunciation of hereditary rights or of those of the
conjugal partnership of gains;

(3) The power to administer property, or any other power which has for its object
an act appearing or which should appear in a public document, or should
prejudice a third person;

(4) The cession of actions or rights proceeding from an act appearing in a public
document.

All other contracts where the amount involved exceeds [five hundred pesos]
SEVENTEEN THOUSAND SEVEN HUNDRED FIFTY FOUR AND THIRTY
NINE CENTAVOS must appear in writing, even a private one. But sales of
goods, chattels or things in action are governed by articles, 1403, No. 2 and
1405, (1280a)”

“Article 1403. The following contracts are unenforceable, unless they are
ratified:

(1) Those entered into in the name of another person by one who has been given
no authority or legal representation, or who has acted beyond his powers:

(2) Those that do not comply with the Statue of Frauds as set forth in this
number. In the following cases an agreement hereafter made shall be
unenforceable by action, unless the same, or some note or memorandum, thereof,
be in writing, and subscribed by the party charged, or by his agent; evidence,
therefore, of the agreement cannot be received without the writing, or a
secondary evidence of its contents:

(a) An agreement that by its terms is not to be performed within a year from the
making thereof:

(b) A special promise to,answer for the debt, default, or miscarriage of another:

() An agreement made in consideration of marriage. other than a mutual
promise to marry;

(d) An agreement for the sale of goods, chattels or things in action, at a price not
less than [five hundred pesos) SEVENTEEN THOUSAND SEVEN HUNDRED
FIFTY FOUR AND THIRTY NINE CENTAVOS, unless the buyer accept and
receive part of such goods and chattels, or the evidences, or some of them, of such
things in action or pay at the time some part of the purchase money: but when a
sale is made by auction and entry is made by the auctioneer in his sales book, at
the time of the sale, of the amount and kind of property sold, terms of sale, price,
names of the purchasers and person on whose account the sale is made, it is a
sufficient memorandum;

(e) An agreement for the leasing for a longer period than one year, or for the sale
of real property or of ait interest therein:

(f) A representation as to the credit of.a third person.

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(3) Those where both parties are incapable of giving consent to a contract.”

2 “Article 1772, Every contract of parmership having a capital of [three
3 thousand pesos} ONE HUNDRED SIX THOUSAND FIVE HUNDRED
4 TWENTY SIX AND THIRTY THREE CENTAVOS or more, in money or
5 property, shall appear in a public instrument, which must be recorded in the
6 Office of the Securities and Exchange Commission.

Failure to comply with the requirements of the preceding paragraph shall not
8 affect the liability of the partnership and the members thereof to third persons.
9 (ny”

10 “Article 2206. The amount of damages for death caused by a crime or
ul quasi-delict shall be dt least {three thousand pesos] ONE HUNDRED SIX
12 THOUSAND FIVE HUNDRED TWENTY SIX AND THIRTY THREE
13 CENTAVOS, even though there may have been mitigating circumstances, In
14 addition
15 (1) The defendant shall be liable for the loss of the earning capacity of the

16 deceased, and the indemnity shall be paid to the heirs of the latter; such
17 indemnity shall in every case be assessed and awarded by the court, unless the
18 deceased on account of permanent physical disability not caused by the
19 defendant, had no earning capacity at the time of his death;

20 (2) If the deceased was obliged to give support according to the provisions of

21 article 291, the recipient who is not an heir called to the decedent's inheritance by

2 the law of testate or intestate succession, may demand support from the person

23 causing the death, for a period not exceeding five years, the exact duration 10 be

24 fixed by the court:

25 (3) The spouse, legitimate and illegitimate descendants and ascendants of the

26 deceased may demand moral damages for mental anguish by reason of the death

27 of the deceased.”

28 SECTION 2. Alll laws, presidential decrees, executive orders, proclamations and/or

29 administrative regulations which are inconsistent with the provisions of this Act are hereby
30 amended, modified, superseded or repealed accordingly.

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32 SECTION 3. This Act shall take effect fifteen (15) days from its publication in the
Official Gazette or at least three (3) newspapers of national circulation.

Approved,