Republic of the Philippines
HOUSE OF REPRESENTATIVES.
Quezon City

SEVENTEENTH CONGRESS
First Regular Session

3888

HOUSE BILL NO,

Introduced by REP, EVELINA }CUDERO

EXPLANATORY NOTE

Republic Act No. 386 or the Civil Code was en
provisions on amounts in Philippine peso for its application

d into law on 18 June 1949, It contains

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 quasi-
delict resulting in death

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

On the determination of the amounts to be placed as amendments the current value of the
Philippine peso is taken into account, relying on the official Consumer Price Index as issued by the
National Statistics Office (NSO).This is believed and theorized to be sound in reflecting the real
and true 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 REPRESENTATIV
Quezon City

SEVENTEENTH CONGRESS
First Regular Session

3888

HOUSE BILL NO.

Introduced by REP. EVELINA G, ESCUDERO

AN ACT
NG CERTAIN PROVISIONS OF REPUBLIC ACT NO, 386 OR THE CIVIL
CODE AS AMI

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

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

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

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

(2) That such demand has been rejected;
(3) That the abatement be approved by the district health officer and executed with
the assistance of the local police; and

(4) That the value of the destruction does not exceed [three thousand pesos] ONE
HUNDRED SIX THOUSAND FIVE HUNDRED TWENTY SIX AND THIRTY

“Article 748, The donation of a movable may be made orally or in writing,

An oral donation requires the simultaneous delivery of the thing or of the
document representing the right donated.

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

“Article 1358. The following must appear in a publie document

(1) Acts and contracts which have for their object the creation, transmission,
modification or extinguishment of real rights over immovable property: sales of 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.

4Il 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 pows

2) Those that do not comply with the Statute of Frauds as set forth in this number.
In the following cases an agreement hereafier 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;

(c) An agreement made in consideration of marriage, other than a mutual promise
10 marry:

(d) An agreement for the sale of goods, chattels or things in action, at a price not
Tess 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 an interest therein;

(f) A representation as to the credit of a third person.
(3) Those where both parties are incapable of giving consent 10 a contract.”

ticle 1772. Every contract of partnership having a capital of [three
thousand pesos] ONE HUNDRED SIX THOUSAND FIVE HUNDRED TWENTY
SIX AND THIRTY THREE CENTAVOS or more, in money or property, shall
‘appear in a public instrument, which must be recorded in the Office of the Securities
and Exchange Commission.

Failure to comply with the requirements of the preceding paragraph shall not affect

the liability of the partnership and the members thereof to third persons. (n)”
“Article 2206. The amount of damages for death caused by a crime or quasi-

delict shall be at least [three thousand pesos] ONE HUNDRED SIX THOUSAND



FIVE HUNDRED TWENTY SIX AND THIRTY THREE CENTAVOS, even
though there may have been mitigating circumstances. In addition.

(1) The defendant shall be liable for the loss of the earning capacity of the deceased,
and the indemnity shall be paid to the heirs of the latter; such indemnity shall in
every case be assessed and awarded by the court, unless the deceased on account of
permanent physical disability not caused by the defendant, had no earning capacity
at the time of his death;

(2) If the deceased was obliged to give support according to the provisions of article
291, the recipient who is not an heir called (0 the decedent's inheritance by the law
of testate or intestate succession, may demand support from the person causing the
death, for a period not exceeding five years, the exact duration 10 be fixed by the
court;

(3) The spouse, legitimate and illegitimate descendants and ascendants of the
deceased may demand moral damages for mental anguish by reason of the death of
the deceased.”

SEC. 2. All laws, presidential decrees, executive orders, proclamations and/or
administrative regulations which are inconsistent with the provisions of this Act are hereby
amended, modified, superseded or repealed accordingly

SEC. 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,