FIFTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPP1NES 
First Regular Session 
SENATE 
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SN02~l45 
.~~11Idl' 
(9ffHt (If HjP Jr.,c; <,br~ 
'11 
,JAN 24 P 1 :39 
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Introduced by Senator Francis G. Escudero 
EXPLANATORY NOTE 
Republic Act No. 386 or the Civil Code was enacted into law on 18 June 
1949. It contains provisions on an10unts in Philippine peso for its application. 
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 'lulls/-r/cULl 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 appJy 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. 
~c~:::~·r;1:;~".···-· 
FRANCIS G. ESCUDERO 


FIFTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
SENATE 
) 
) 
) 
'11 
JAN 24 P 1 :39 
Introduced by Senator FRANCIS 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 tlze House of Representlltil)eS of the Philippines in 
Congress nssembled: 
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SECTION 1. Articles 704; 748, 1358, 1403, 1772 and 2206 of F.epublic Act 
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No. 386, as amended, is hereby fLlrther amended to rcad as follows: 
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"Article 704. Any pnl'aie person mily abate a public IlU1SrInCe which is specially 
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injurioLis to hilJl IJY rernol'ing, or if necessary, by destroying the thing which constitutes 
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tllf Sallte, without cornrnitting a breach of the peace, or rioing unnecessary mjLlry. But li 
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is necessllry: 
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(1) That dell/Ilnd be first 1I1ade upon the owner or possessor of lhe property to 
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IIbnte the nuisnnce; 
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(2) Thai such delJ1llmi lills been rejected; 
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(3) Thllt the nbnlel1lCnt be Ilpprooed by the district izealth officer lind exeeuled wilh 
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tlze nssislrInee of Ihe local police; nnd 
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(4) Thllt the value of the destruclion does not exceed [three thousand pesos] ONE 
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HUNDI{ED SIX THOUSAND FIVE HUNDRED TWENTY SIX AND 
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THIRTY THREE CENTAVOS." 
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"Article 748. The donation ofa movllble may be nwde orally or 111 ll1Yltmg. 
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An ami donation requires the sirnllitrllleO[{s rielil'ery of lhe tiling or of Ihe 
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document representing tlze nglzt donateri. 
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If lhe vnlue of lhe personal property donated exceeds ifive thousand pesos] ONE 
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HUNDRED SEVENTY SEVEN THOUSAND FIVE HUNDRED FORTY THREE 
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AND EIGHTY EIGHT CENTAVOS, the donntion and the acceptance shnl! be marie in 
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writing. OtIJer1uise, ilfe dOrlalioll shall be (loili. (632a)" 
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"Article 1358. The follOWing fllllSI appear in a public document: 


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(1) Acts and contmcts which 11I/1le for their object the crealion, iranslIlisslOn, 
modifIcation or ('xtingllisilinent of real rzghts over immovable property; sales of 
real property or of an interest therein lire governed by nrticles '1403, No, 2, and 
1405; 
(2) The cession, repudiation or renunciation of hereditary rights or of lhose of the 
conjllgal partnersllip of gains; 
(3) The pOIl'er to administer property, or any other power whicli izas for its object 
(lil act appearing or which should appear il1 a public document, or should 
prejudice a third person; 
(4) The cession of actions or rights proceeding from (111 act appearing in II publIC 
docllment-
All other contmcts where the all10unt involved exceeds [five hundred pesos] 
SEVENTEEN THOUSAND SEVEN HUNDRED FIFTY FOUR AND 
THIRTY NINE CENTAVOS rIlust appear in writing, even a private onc- But 
sales of goods, ch(lttels or things in action (Ire governed by {[rticles, 1403, No.2 
and 1405. (12800)" 
"Article 1403. The following contmcls are unenforceable, unless Ihey {Ire ratified: 
(1) DIOse enlered inlo in the I1l11l1e of (lJwther person by one who Ilils been giuen 
110 {[uilwrily or legill represenLaLion, or who has (lcted beyond his pOll'ers; 
(2) Those that do not comply with the Stahtle of Fmuds as sel forth 111 this 
number, In 
the following cases an agreement hereafter /JIade slwll be 
unenforceable by action, unless the same, or SOYile note or melllortlndulIl, thereof 
be in writing, and subscribed by the parly charged, or by his agent; evidence, 
therefore, of the agreemenl Cllnnot be receiI)ed 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 
frol1l the making thereof; 
(b) A spec ill I promise to answer for the rlebt, default, or misCIlrriage of 
anotller; 
(c) An agree/nellt made in considemiion of marriage, other than II IIlutual 
prolllise to marry; 
(d) !In agreement for tlie sale of goods, ch(lileis or tlungs in (Iction, lit II 
price not less than [fiue hundred pesos] SEVENTEEN THOUSAND 
SEVEN 
HUNDRED 
FIFTY 
FOUR 
AND 
THIRTY 
NINE 
CENT A vas, unless the bllyer accepl and receive pari of such goods lind 
cililflels, or the evidences, or s011le of tizem, of such things in acllOn or pay 
lit the til1le sozne part of the purchase money; but when a sale is mllde by 
auction lind entry is made by the mlctioneer in his sales book, lit the time 
of tile sllle, of the mnount and kind of properly sold, terms of sllle, price, 
names of tlze purchasers and persall on (phose accounl the sale IS /Ill/de, It 
IS a sufficient l1lelllOrrlndu/n; 
(e) !In IIgreement for llle leasing for II longer period tlilln one year, or for 
Ihe sille ofrelll properly or of II 11 il/terest tilfrein; 


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(n!\ representation (IS to the credit of a third person. 
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(3) Those (II/Iere both pm'ties are incapable of gIVing consent to II contmcl." 
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"Article 1772. Everlj contmct oj p(lrtnersirip hllving a capital oj {lhree tliousand 
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pesos] ONE HUNDRED SIX THOUSAND FrVE HUNDRED TWENTY SIX AND 
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THIRTY THREE CENTAVOS or more, in monelj or property, shall appear in (I public 
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il1strurnent, whicJl rllust be recorded in the OJfice of the Securities and Exchange 
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COlJlmission. 
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Failllre to compllj witli tile requirements of tlie preceding paragmpll sliall 110t affect tile 
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liability 0lthe pllrtnersllip (lnd the IIle/llbers thereolta tin I'd persons. (n)" 
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"Article 2206. TIle 1I1/IOImt 01 danlilges lor death mused by a cnme or quasi-delict 
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s/wll be at least {three t/wllsand pesos) ONE HUNDRED SIX THOUSAND FrVE 
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HUNDRED TWENTY SIX AND THTRTY THREE CENTAVOS, even though there 
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mlllj have been mitigating circumstances. In addition: 
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(1) The delend(lnt sholl be liable lor the loss 01 the ellming capacity 01 the 
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deceased, and tlw indemnity shall be paid to the heirs 01 the latter; sucli indel1l11lty 
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sllllll in el)erlj case be assessed lind IIwarded blj tlte court, unless the deceased on 
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accou nt 01 permanent phljsical disability not caused by the delendant, Itad no 
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earning cnpacity at the time oillis death; 
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(2) If tile decellsed lPns obliged to giue support IIccording to the pYOuisio)ls 01 
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article 29'1, tile recipient who IS not lin Iwir mlled to the decedent's inlientlmee by 
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the ill'll' 01 testate or intestllte succession, //lily demllnd support from lite person 
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cnusing L1,e death for II period not exceeding Jive Ijears, the exact dumtlOli to be 
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fixed by tlie court; 
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(3) The spouse, legitimate and illegitimate descendllnts and nscendants 01 the 
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deceased I1II1Ij demand moral damages 10)' menial anguish by reason 01 the denth of 
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/lie decellsed. 
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SECTION 2. 
All laws, presidential decrees, executive orders, proclamations 
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and/or administrative regulations which are inconsistent with the provisions of 
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this Act are hereby amended, modified, superseded or repealed accordingly. 
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SECTION 3. This Act shall take effect fifteen (15) days from its publication in 
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the Official Gazette or at least three (3) newspapers of national circulation. 
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Approved,