Sec. 13. Property exempt from execution.
Except as otherwise expressly provided by law,
The following property, and no other,
Shall be exempt from execution: (13) (a) The judgment obligor's
Family home as provided by law, or
Land necessarily used in connection therewith;
(b) Ordinary tools and implements
Personally used by him
In his trade, employment, or livelihood; (c) Three horses, or three cows, or three
carabaos, or other beasts of burden Such as the judgment obligor may select
Necessarily used by him
In his ordinary occupation;
(d) His necessary clothing and articles for
ordinary personal use, Excluding jewelry;
(e) Household furniture and utensils
Necessary for housekeeping, and
Used for that purpose
o By the judgment obligor and his family,
Such as the judgment obligor may select,
Of a value not exceeding P100; (f) Provisions
For individual or family use
Sufficient for 4 months;
(g) The professional libraries and equipment of
Judges, Lawyers, Physicians, Pharmacists, Dentists, Engineers, Surveyors, Clergymen, Teachers, and Other professionals,
o Not exceeding P300,000 in value; (h) One fishing boat and accessories
Not exceeding the total value of P100,000
Owned by a fisherman and
By the lawful use of which he earns his livelihood;
(i) So much of the salaries, wages, or earnings
Of the judgment obligor
Of his personal services
o Within the 4 months preceding the levy
As are necessary for the support of his family; (j) Lettered gravestones;
(k) Monies benefits, privileges, or annuities
Accruing or in any manner growing out of o Any life insurance;
(l) The right to receive
Legal support, or money or property
o Obtained as such support, or
Any pension or gratuity from the
Government;
(m) Properties specially exempt by law.
But no article or species of property mentioned in his section
Shall be exempt from execution Issued upon a judgment
o Recovered for its price or
I. EXTRA-JUDICIAL REMEDIES
1. EXPRESSLY GRANTED BY LAW – ARTS. 1786, 1788, 1526
Art. 1786. Every partner
Is a debtor of the partnership
o For whatever he may have promised to contribute to the partnership.
He (partner) shall also be bound for warranty
In case of eviction
o With regard to specific and determinate
things
Which he may have contributed to the partnership,
In the same cases and in the same manner as o The vendor is bound with respect to the
vendee.
He shall also be liable for the fruits thereof o From the time they should have been
delivered,
o Without the need of any demand.
Art. 1788. A partner who
Has undertaken to contribute a sum of money and
Fails to do so
o Becomes a debtor
o For the interest and damages From the time he should have
complied with his obligation.
The same rule applies to
o Any amount he may have taken from the partnership coffers, and
o His liability shall begin from
The time he converted the amount to his own use.
Art. 1526. Subject to the provisions of this Title,
notwithstanding
That the ownership in the goods may have passed to the buyer,
o The unpaid seller of goods, as such, has: (1) A lien
On the goods or right to retain them For the price
While he is in possession of them; (2) A right of stopping the goods in transitu
After he has parted with the possession of them
In case of the insolvency of the buyer;
(3) A right of resale
As limited by this Title; (4) A right to rescind
The sale as likewise limited by this Title.
Where the ownership in the goods
Has not passed to the buyer, o The unpaid seller has,
In addition to his other remedies o A right of withholding delivery
Similar to and coextensive with His rights of lien and stoppage in
transitu
o Where the ownership has passed to the buyer.
2. STIPULATED II. JUDICIAL REMEDIES
1. PRINCIPAL REMEDIES – ARTS. 1191, 1170
* Art. 1191. The power to rescind obligations
Is implied in reciprocal ones,
In case one of the obligors o Should not comply
o With what is incumbent upon him.
The injured party
May choose between (1) The fulfillment or
(2) The rescission of the obligation, With the payment of damages in
either case.
He may also seek rescission,
o Even after he has chosen fulfillment, If the fulfillment should become
impossible.
The court shall decree the rescission claimed, o Unless there be just cause
o Authorizing the fixing of a period.
This is understood to be without prejudice to
The rights of third persons
o Who have acquired the thing,
o In accordance with Articles 1385 and 1388 and
o The Mortgage Law.
Art. 1385. Rescission creates the obligation to return the things which were the object of the contract, together with their fruits, and the price with its interest; consequently, it can be carried out only when he who demands rescission can return whatever he may be obliged to restore. Neither shall rescission take place when the things which are the object of the contract are legally in the possession of third persons who did not act in bad faith.
In this case, indemnity for damages may be demanded from the person causing the loss.
Art. 1388. Whoever acquires in bad faith the things alienated in fraud of creditors, shall indemnify the latter for damages suffered by them on account of the alienation, whenever, due to any cause, it should be impossible for him to return them.
If there are two or more alienations, the first acquirer shall be liable first, and so on successively.
Art. 1170.
Those who
o In the performance of their obligations are o Guilty of
Fraud, negligence, or delay, and Those who
o In any manner
o Contravene the tenor thereof, Are liable for damages.
2. SUBSIDIARY REMEDIES – ARTS. 1380, 1177
Art. 1380. Contracts validly agreed upon
o In the cases established by law.
Art. 1177. The creditors,
o After having pursued the property In possession of the debtor o To satisfy their claims,
May exercise all the rights and Bring all the actions of the debtor
o For the same purpose (to satisfy their claims),
Save those which are inherent in his (debtor’s) person;
They may also impugn
o The acts which the debtor o May have done to defraud them.
G. MODES OF EXTINGUISHMENT OF OBLIGATIONS – Art. 1231
8. PAYMENT OR PERFORMANCE – ARTS. 1232- 44, 1246-51, 1302
RA 8183
PD 72, SECS. 31-32
SPECIAL FORMS OF PAYMENT