Studies in Moro History, Law, and ReligionSaleeby, Najeeb M. (Najeeb Mitry)
History
Studies in Moro History, Law, and Religion
Saleeby, Najeeb M. (Najeeb Mitry)
Law -- Philippines; Mindanao Island (Philippines) -- History; Muslims -- Philippines
If the owner of a slave dies and his heirs claim the slave, and the
slave objects on the ground that he had been liberated by his deceased
master, the slave shall take an oath to that effect, which oath shall
confirm his statement; but if an oath is not taken by the slave,
the claim of the heirs shall be sustained.
Article LXXI
All property loaned shall be paid back in kind, but if that be
impracticable, the value thereof shall be accepted.
Article LXXII
The will of a free person shall be legitimate whether he be a
non-Mohammedan or a person of bad character; but the will of an insane
person or an imbecile or a child or a slave shall not be legitimate.
Article LXXIII
If the legatee dies before the testator, the will shall be held
invalid; but if the legatee dies after the death of the testator,
the heirs of the legatee shall be entitled to his share under the will.
Article LXXIV
If a person wills his estate to one of his heirs, the will shall be
sustained if the other heirs consent to it; but if they do not consent,
the will shall not be sustained.
Article LXXV
If a person recognizes his property in the possession of another, which
property he has neither sold nor given away as charity or otherwise,
it shall be lawful for him to take or recover his property, unless
he is afraid of being killed. In case he is afraid, he shall present
the matter to the datu and then to the judge.
Article LXXVI
The action of a guardian or agent shall be binding on the ward or
the principal, respectively. The insane, imbeciles, or children shall
never be guardians or agents.
Article LXXVII
If two persons collide unintentionally and one person is injured,
the liability of the guilty person for the fine or compensation
thereby incurred shall extend to his heirs. The fine shall be small.
Article LXXVIII
If in the preceding case the collision is intentional, the liability
shall be the same, but the fine shall be equal to half the limit.
Article LXXIX
If children or imbeciles or insane persons collide, the same law
shall govern as in the case of sui juris persons.
Article LXXX
Section 1. A son, the only child, shall inherit all of the estate of
his father and mother.
Sec. 2. A daughter, the only child, shall inherit half the estate of
her father and mother.
Sec. 3. Two or more sons, the only children, shall share the estate
of their father and mother equally.
Sec. 4. In case one son and one daughter are the only children, the
estate of the father and mother shall be divided into three equal
parts, of which the son shall receive two parts and the daughter
one part.
Sec. 5. In case of multiplicity of sons and daughters, the estate
shall be so divided as to give each daughter half the share of one son.
Article LXXXI
A husband shall inherit half the estate of his wife in event of her
death and when she has neither a child nor a grandchild.
Article LXXXII
Public-domain text, read in full here on John Shaqi.
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