BOOK I -PERSONS

Title I. Civil Personality

Persons – any being, natural or artificial, capable of possessing legal rights and obligations. (NAC LeRO)
Two kinds of persons
1. Natural person – human being created by God through the invention of the parents
2. Juridical person – Those created by law.
Article 37. Juridical capacity, which is the fitness to be the subject of legal relations, is inherent in
every natural person and is lost only through death. Capacity to act, which s the power to do acts with
legal effect, is acquired and may be lost.

Juridical Capacity Capacity to Act

The fitness to be the subject of legal relations The power to do acts with legal effect
Passive Active
Inherent Merely acquired
Lost only through death Lost through death and may be restricted by other
causes
Can exists without capacity to act Exists always with juridical capacity

Art 38. Minority, insanity or imbecility, the state of being deaf-mute, prodigality and civil interdiction
are mere restrictions on capacity to act, and do not exempt the incapacitated person from certain
obligations, as when the latter arise from his acts or from property relations, such as easements.
1. Restrictions on Capacity to Act
a. Minority (below 18)
i. A minor needs parental consent before he can enter into an ordinary contract. If he goes
ahead without consent, the contract is voidable, valid until annulled.
ii. It is wrong to say that a minor has NO capacity to act; he has, but his capacity is
RESTRICTED.
iii. A minor cannot create a trust of any kind, nor can he act as an executor or administrator
iv. Adoption: =<14: Give his written consent to make valid adoption
v. If at =>18, he can make a will, or be a witness to one.
b. Insanity or imbecility
i. Insanity – condition in which a person’s mind is sick. This presumption is only prima
facie or rebuttable. If it can be shown that he was acting during lucid interval, the
contract will be considered valid.
ii. Imbecility – is feeble mindedness, or a condition in which a person thinks like a small
child.
c. State of being deaf-mute
i. He may make a will but cannot be a competent witness to a notarial will.
ii. Is competent to be a witness so long as he/she has the faculty to make observations and
he/she can make those observations known to others.
d. Prodigality
i. The state of squandering the money or property with morbid desire to prejudice the heirs
of a person.
e. Civil Interdiction
i. The restriction in Art 38, do not extinguish capacity to act, merely restrict or limit the
same.

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Art. 39. The following circumstances, among others, modify or limit capacity to act: age, insanity,
imbecility, the state of being a deaf-mute, penalty, prodigality, family relations, alienage, absence,
insolvency and trusteeship. The consequences of these circumstances are governed in this Code,
other codes, the Rules of Court, and in special laws. Capacity to act is not limited on account of
religious belief or political opinion.
A married woman, twenty-one years of age or over, is qualified for all acts of civil life, except in cases
specified by law.
1. If a married woman be under 21, she is considered a married minor. She, therefore, cannot dispose of
or encumber her own real property without parental consent. If her husband is the guardian, his
consent is needed.

Art. 40. Birth determines personality; but the conceived child shall be considered born for all purposes
that are favorable to it, provided it be born later with the conditions specified in the following article.
(29a)
1. Beginning of personality
a. Presumptive personality
i. Personality does not begin at birth; it begin at conception.
ii. It is, of course, essential that birth should occur later, otherwise the foetus will be
considered as never having possessed legal personality.
iii. No registration in the Civil Registry will be made if the conditions specified in Art 41 are
not complied with.

Art. 41. For civil purposes, the fetus is considered born if it is alive at the time it is completely delivered
from the mother's womb. However, if the fetus had an intra-uterine life of less than seven months, it is
not deemed born if it dies within twenty-four hours after its complete delivery from the maternal womb.
(30a)
1. Two kinds of Children
a. Ordinary – with an intra- uterine life of at least seven months. Mere birth is sufficient.
b. Extraordinary - if the intra-uterine life be less than seven months. The child must have lived for
at least 24 hours after its complete delivery from the maternal womb.

Art. 42. Civil personality is extinguished by death.

The effect of death upon the rights and obligations of the deceased is determined by law, by contract
and by will. (32a)
1. How Civil personality is Extinguished
a. By Death (Physical Death)
i. Effects of physical death
1. If a person be made a voluntary heir in the will of another and he dies before the
testator, he cannot be represented by his own heirs.
2. The right to support ends
3. Marriage ends
4. The tenure of public office ends
5. The property or estate left by him should be subject to tax as if he were alive.

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 6. If a person dies after he has authorized another to sell the former’s property, the
sale after such death is not valid, if made by the agent with knowledge of the
principal’s death.
b. By Civil Interdiction (Civil Death) – merely restricts, not extinguishes, capacity to act.

Art. 43. If there is a doubt, as between two or more persons who are called to succeed each other, as to
which of them died first, whoever alleges the death of one prior to the other, shall prove the same; in
the absence of proof, it is presumed that they died at the same time and there shall be no transmission
of rights from one to the other. (33)
1. Presumptions on Survivorship under the Revised rules of Court
Sex Age Both <15 Both >60 <15 years; >15 years; <15years;
years years >60 years <60 years >60 years;
>15<60
years

Regardless Older Survived Dead Dead Survived Dead

of Sex Middle Survived
Younger Dead Survived Survived Dead Dead
Male Regardless Survived
Female of Age Dead

Art. 44. The following are juridical persons:

(1) The State and its political subdivisions;
(2) Other corporations, institutions and entities for public interest or purpose, created by law; their
personality begins as soon as they have been constituted according to law;
(3) Corporations, partnerships and associations for private interest or purpose to which the law grants
a juridical personality, separate and distinct from that of each shareholder, partner or member. (35a)
1. Classifications of Juridical persons.
Public Juridical Persons Private Juridical Persons
Example: Example:

The state itself Private Corporations

The provinces, cities Partnerships
Foundations
Begins to exist as a juridical person from the
moment a certificate of incorporation is granted
by SEC.
Corporations cannot be regarded as possessed
of a personality separate and distinct from its
members
Partnership, even if not registered is a juridical
person, provided that it has been validly
constituted. However, a limited partnership to be
valid as such, must be registered with SEC

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Art. 45. Juridical persons mentioned in Nos. 1 and 2 of the preceding article are governed by the laws
creating or recognizing them.
Private corporations are regulated by laws of general application on the subject.
Partnerships and associations for private interest or purpose are governed by the provisions of this
Code concerning partnerships. (36 and 37a)
1. The nationality of a corporation is generally determined by the place of its incorporation.
a. Exemptions:
i. A corporation even if incorporated here, cannot acquire rights unless 60% of its capital
be Philippine-owned.
ii. A foreign-controlled corporation, even if incorporated in the Philippines, was considered
an enemy corporation during war for the purpose of freezing its assets. A contrary rule
may endanger Philippine security.
2. Even if a foreign corporation is not doing business in the Philippines, and even it not licensed, it may
sue here in our country.
3. There is no general rule or governing principle as to what constitutes “doing” or “engaging in” or
“transacting” business in the Philippines.

Art. 46. Juridical persons may acquire and possess property of all kinds, as well as incur obligations
and bring civil or criminal actions, in conformity with the laws and regulations of their organization.
(38a)
1. Rights of Juridical Persons
a. To acquire and possess property of all kinds.
b. To incur obligations
c. To bring civil or criminal actions

Art. 47. Upon the dissolution of corporations, institutions and other entities for public interest or
purpose mentioned in No. 2 of Article 44, their property and other assets shall be disposed of in
pursuance of law or the charter creating them. If nothing has been specified on this point, the property
and other assets shall be applied to similar purposes for the benefit of the region, province, city or
municipality which during the existence of the institution derived the principal benefits from the same.
(39a)

BOOK TWO (PD 1083 - Code of Muslim Personal Laws of the Philippines)
PERSONS AND FAMILY RELATIONS
TITLE I
CIVIL PERSONALITY (SHAKHSIYAH MADANIYA)

 Article 8. Legal capacity. Juridical capacity, which is the fitness to be the subject of legal relations, is
inherent in every natural person and is lost only through death. Capacity to act, which is the power to
do acts with legal effect, is acquired and may be lost.
 Article 9. Restrictions on capacity. The following circumstances, among others, modify or limit capacity
to act: age, insanity, imbecility, the state of being deaf-mute, the condition of death-illness (marad-ul-
maut), penalty, prodigality, absence, family relations, alienage, insolvency, and trusteeship. The
consequences of these circumstances are governed by this Code and other Islamic laws and, in a
suppletory manner, by other laws.
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  Article 10. Personality, how acquired. Birth determines personality; but the conceived child shall be
considered born for all purposes that are favorable to it, provided it be born alive, however, briefly, at
the time it is completely delivered from the mother's womb.
 Article 11. Extinction of personality.
(1) Civil personality is extinguished by death. The effect of death upon the rights and
obligations of a deceased person is determined by this Code, by contract, and by
will.
(2) After an absence of seven years, it being unknown whether or not the absentee
still lives, he shall be presumed dead.
 Article 12. Simultaneous death. If, as between two or more persons who are called to succeed each
other, there is a doubt as to which of them died first, whoever alleges the death of one prior to the other
shall prove the same; in the absence of such proof, it is presumed that they died at the same time and
there shall be no transmission of rights from one to the other. However, the successional rights of their
respective heirs shall not be affected.

Article 2. Sec 12 of the 1987 Constitution

 The State recognizes the sanctity of family life and shall protect and strengthen the family as a basic
autonomous social institution. It shall equally protect the life of the mother and the life of the unborn
from conception. The natural and primary right and duty of parents in the rearing of the youth for civic
efficiency and the development of moral character shall receive the support of the Government.

PD 603 Art 5 (The child & Youth Welfare Code)

 Art. 5. Commencement of Civil Personality. - The civil personality of the child shall commence from the
time of his conception, for all purposes favorable to him, subject to the requirements of Article 41 of the
Civil Code.