Additional Notes

Table of Contents

Civil Code of the Philippines

Article 1814

Art. 1814. Without prejudice to the preferred rights of partnership creditors under Article 1827, on due application to a competent court by any judgment creditor of a partner, the court which entered the judgment, or any other court, may charge the interest of the debtor partner with payment of the unsatisfied amount of such judgment debt with interest thereon; and may then or later appoint a receiver of his share of the profits, and of any other money due or to fall due to him in respect of the partnership, and make all other orders, directions, accounts and inquiries which the debtor partner might have made, or which the circumstances of the case may require.

The interest charged may be redeemed at any time before foreclosure, or in case of a sale being directed by the court, may be purchased without thereby causing a dissolution:

  1. With separate property, by any one or more of the partners; or
  2. With partnership property, by any one or more of the partners with the consent of all the partners whose interests are not so charged or sold.

Nothing in this Title shall be held to deprive a partner of his right, if any, under the exemption laws, as regards his interest in the partnership. (n)

Article 1827

Art. 1827. The creditors of the partnership shall be preferred to those of each partner as regards the partnership property. Without prejudice to this right, the private creditors of each partner may ask the attachment and public sale of the share of the latter in the partnership assets. (n)

Article 2035

Art. 2035. No compromise upon the following questions shall be valid:

  1. The civil status of persons;
  2. The validity of a marriage or legal separation;
  3. Any ground for legal separation;
  4. Future support;
  5. The jurisdiction of courts;
  6. Future legitime. (1814a)

Rules of Court

Summary Procedure

Revised Rules on Summary Procedure: https://chanrobles.com/rulesonsummaryprocedure.htm

Rule 63

Rule 63: Declaratory Relief and Similar Remedies, https://chanrobles.com/specialcivilactions.htm#RULE%2063

Rule 64

Rule 64: Review of Judgments and Final Orders: https://chanrobles.com/specialcivilactions.htm#RULE%2064

Rule 65

Rule 65: Certiorari, Prohibition, and Mandamus: https://chanrobles.com/specialcivilactions.htm#RULE%2065

Rule 66

Rule 66: Quo Warranto, https://chanrobles.com/specialcivilactions.htm#RULE%2065

Rule 71

Rule 71: Contempt, https://chanrobles.com/specialcivilactions.htm#RULE%2071

Sources

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