« iepriekšējāTurpināt »
injury to person or property one year. Actions for debt on contractor liability arising in any foreign country, except judgment, four years after cause of action accrued. Cause of action arising in foreign country and barred there is barred here except in favor of domiciled resident who has held cause of action from the time it accrued. As to persons under disability limitation begins from removal of same. Time of defendant's absence from the Territory is not included.
Legal interest eight per cent.; on judgments six per cent. Parties may stipulate in writing for one per cent. a month. Excess and compound interest cannot be recovered.
DEEDS. All conveyances of real estate, including leases for more than one year, must be in writing, acknowledged before a notary public or other officer and recorded in the office of the Register of Conveyances.
CHATTEL MORTGAGES. All chattel mortgages not accompanied by immediate and continued possession must be acknowledged and recorded in the same manner as conveyances of real estate.
COLLECTION OF DEBTS.
ACTIONS.— All civil actions are commenced by the filing of a verified complaint, and the issuing of a summons. The assignee of a non-negotiable chose in action may sue in his own name.
Arrest.— There is no provision for arrest in civil actions.
ATTACHMENT.— Attachment may issue at any time on plaintiff's filing affidavit that defendant is indebted to him, specifying the amount above all just credits and that attachment is not sought or action prosecuted to hinder, delay or defraud any creditor of defendant and by furnishing bond with sureties to prosecute the action without delay and pay any costs and any damages which defendant may suffer if attachment be wrongfully, oppressively or maliciously sued out.
GARNISHMENT.— Goods, effects and credits in the hands of third persons may be attached in the original proceedings against the defendant or in supplemental proceedings. In case of any salary, annuity or pension payable by garnishee the latter must retain twenty-five per cent. until suit is determined, and continue to retain twenty-five per cent. until judgment is satisfied.
JUDGMENT.— Judgment of district court may be made a lien on real estate by docketing it in the office of the Circuit Court, and written fifteen days thereafter recording the docketed judgment in the registry of deeds.
EXEMPTIONS.— One piece of land where Kalo or any other vegetable is growing, not exceeding one half acre actually cultivated for family use; also a house lot not to exceed one quarter acre with dwelling and other buildings thereon, not exceeding two hundred and fifty dollars in value, except as against mechanics' liens. Also the following personal property: All necessary household, table, and kitchen furniture, one sewing machine, crockery, tin and plated ware, calabashes and mats, family portraits and photographs
and their frames, wearing apparel, bedding, household linen, and s ovisions for three months. Farming instruments and utensils not exceeding five hundred dollars in value; two oxen, two horses or mules, and their harness, and food for one month; one horse, one set of single harness and one vehicle of any person who is maimed or crippled; the tools or implements of a mechanic or artisan necessary to carry on his trade; the instruments and chests of a physician, dentist, or surveyor necessary to the exercise of his profession, together with necessary office furniture and fixtures; the necessary office furniture, fixtures, blanks, stationery and office equipment of attorneys and judges, ministers of the gospel and rabbis; the type writer, one desk and six chairs of a stenographer or typewriter; the musical instruments of every teacher of music used in giving instruction; one bicycle; the fishing nets, clips and seines, and boats with their tackle and equipment, of every fisherman; two horses or mules and their harness, one cart, wagon or stage, one dray or truck, one coupe, hack, or carriage for one or two horses, one automobile, one motorcycle or other vehicle by use of which a cartman, drayman, truckster, huckster, peddler, hackman, teamster, chauffeur, driver or other laborer earns his living; and two horses and harness and one vehicle or one automobile or motorcycle used by a physician, surgeon or minister of the gospel in the practice or exercise of his profession; the nautical instruments and wearing apparel of every master, officer or seaman of any steamship or other vessel; all books, papers, bookcases etc. except those kept for sale; proceeds of insurance or of sale of property aforesaid; for three months after they are received one half of wages of every wage earner, also the family Bible, pictures and schoolbooks, two swine or six goats and all necessary fish, meat, flour and vegetables.
MECHANICS' LIENS. Any person furnishing labor or material for the construction or repair of any building, structure, railroad or other undertaking has a lien upon the same for the price agreed to be paid therefor, and upon the land upon which it is situated. A notice in writing of the lien must be filed in the office of the clerk of the circuit court where the property is situated and a copy of the notice served on the owner of the property. Notice must set forth the amount of claim, the labor or material furnished, a description of the property and any other material facts. Lien continues for forty-five days after completion of building or work. It has force only from the date of filing. Lien is enforced by suit.
Every person of the age of eighteen years or over and of sound mind may dispose of his estate, real and personal by will. It must be in writing, signed by the testator, or by some person in his presence and by his express direction, and attested by two or more competent witnesses, subscribing their names in the presence of the testator. Legacies to witnesses are void unless there are two other competent witnesses.
LAWS OF THE PHILIPPINES
MARRIED Women. The respective rights of husband and wife in relation to property are still in most respects governed by the provisions of the Spanish Civil Code. They may by marriage contract before marriage stipulate the conditions for conjugal partnership with regard to present and future property; otherwise their rights will be governed by the legal system of conjugal partnership. The separate property of each consists of that brought to the marriage as his or her own; that acquired for a good consideration by either during the marriage; that acquired by right of redemption or by exchange for property belonging to either; and that bought with money belonging exclusively to either. To the conjugal partnership belong property acquired by valuable consideration during marriage at the expense of partnership property whether made for the partnership or for one of the spouses only; that obtained by the industry, salaries, or work of the spouses or either of them; the fruits, income and interest during the marriage from partnership property or that belonging to either of the spouses. The wife has the management of her separate property, but she cannot alienate, encumber, or mort age it without his permission. The husband is the administrator of the conjugal partnership. He may alienate or encumber the conjugal property for valuable consideration without her consent, and can dispose by will of his half. She cannot bind the conjugal property except for daily expenses of the family. He is the administrator of the wife's dowry. He must be joined in all actions by or against her, except in actions concerning her separate property, or in suits between them, or when for just cause she is living apart from him. Gifts by one to the other during marriage, with some trifling exceptions, are void. She may make a will and act as executrix and administratrix. Women are eligible as members of school boards.
DAYS OF GRACE AND HOLIDAYS. The uniform negotiable instruments law has been adopted, and days of grace are abolished. Bills and notes maturing on Sunday, a holiday or a Saturday half holiday are payable on the next succeeding business day, but if on demand may be presented on Saturday before twelve o'clock. Holiday falling on Sunday is observed on Monday. Holidays are: Sunday, January 1, February 22, Thursday and Friday of Holy Week, May 1, May 30, July 4, Aug. 13, Thanksgiving, December 25, December 30, the first Tuesday of June 1912 and of every fourth year thereafter, days of special elections designated by the Governor General and any other work day designated by him as a holiday.
LIMITATIONS. Real actions ten years. Persons under disability three years after removal of same.
Actions on agreement or contract in writing, or decree of court ten
years. On contract not in writing, express or implied, statute liability other than forfeiture or penalty six years. For injury to or trespass upon real estate, for recovery of personal property or damages for taking, retaining or injuring personal property, injury to person other than assault and battery or false imprisonment, injury to plaintiff's rights not arising on contract and not hereinafter enumerated, and relief on ground of fraud, four years. For libel, slander, assault and battery, malicious prosecution, false imprisonment or for penalty or forfeiture, one year. Any other action for relief ten years. Persons under disability two years after removal of same except in actions for libel or above mentioned, and then one year. Limitation does not run in favor of one absconding, or concealing himself or one out of the Islands. Action barred by laws of place where cause of action arose is barred here.
USURY LAWS. Legal rate of interest six per cent. Fifteen per cent may be contracted for in writing. More is prohibited and excess if paid may be recovered. Usurious instruments are void except as to bona fide purchaser of negotiable paper in good faith and for valuable consideration before maturity.
In all conveyances of real estate the actual valuation or consideration must be expressed. Deeds must be in writing, signed by the person executing the same in the presence of two witnesses who shall sign as witnesses to the execution thereof, acknowledged before a judge or clerk of a court of record, a notary or justice of the peace, and recorded with the register of deeds. The Torrens system of land registration has been adopted, but does not exclude the former system of conveyancing.
All personal property is subject to mortgage. Unless possession is delivered to the mortgagee the mortgage must be recorded in the office of the register of deeds of the province in which the mortgagor resides or, if he is a non-resident, in the province where the property is situated. If the property is in a different province from that in which the mortgagor resides it must be recorded in both provinces. After condition broken mortgagor may after thirty days cause property to be sold by public officer in the municipality where the mortgagor resides or where the property is situated, first giving ten days notice of time, place, and purpose of sale.
COLLECTION OF DEBTS.
ACTIONS.—All actions must be prosecuted in the name of the real party in interest, and are commenced by filing a complaint setting forth the grounds of action, in which the clerk of court issues a summons to the defendant.
Arrest.– Defendant may be arrested in an action for recovery of money or damages on cause of action arising on contract express or implied: 1. When defendant is about to depart from the Philippines with intent to defraud creditors; In action for money
or property embezzled or fraudulently misapplied or converted to his own use by a public officer, officer of a corporation, attorney, factor, agent or clerk, or by any other person in a
fiduciary capacity, or for wilful violation of duty; 3. In action to recover possession of personal property concealed, removed or disposed of to prevent its being taken by officer; 4. When defendant has been guilty of fraud in contracting the debt or obligation sued on; 5. When defendant has disposed of his property or is about to do so to defraud creditors.
Plaintiff must furnish security for payment of damages and costs.
ATTACHMENT:- May be obtained: 1. In all cases mentioned above as grounds for arrest, but plaintiff must elect between arrest and attachment;
In action against a non-resident defendant.
GARNISHMENT.—Real estate standing in the name of another, and goods, debts or credits in hands of a third party may be reached by service of order of attachment as above.
JUDGMENTS.- Are not liens on real estate.
EXEMPTIONS. The debtors's homestead in which he resides, and land necessarily used in connection therewith, not exceeding in value one hundred and fifty pesos. 2. Tools, and implements necessarily used in his trade or employment. 3. Two horses or two cows, or two caribous, or other beasts of burden, such as the debtor may select not exceeding in value one hundred and fifty pesos and necessarily used by him in his ordinary occupation. 4. His necessary clothing, and that of his family. 5. Household furniture and utensils necessary for housekeeping, such as debtor may select, not exceeding in value seventy-five pesos. 6. Provisions actually provided for three months. 7. Professional libraries of lawyers, judges, clergymen, doctors, school teachers and music teachers, not exceeding in value five hundred pesos. 8. One fishing boat and net not exceeding in value twenty-five pesos of any fisherman. 9. Lettered gravestones.
Every person of the age of eighteen and of sound mind, including married women, may make a will, but cannot deprive husband or wife or heirs of the interest in his or her estate appertaining to them by law. It must be in writing, signed by the testator, or by some one in his presence and by his express direction, and attested and subscribed by three or more credible witnesses in the presence of the testator and of each other. Any person eighteen years of age and of sound mind, not deaf, dumb or blind and able to read and write may be a witness. Legacies to witnesses or their near relatives are void, unless there are three other competent witnesses.