Civil & Juridical Personality (Arts 37-47 Persons).Rev (1)

JURADO: What is meant by status? ANS: The status of a person is the legal condition or class to which one belongs in society. JURADO: What is meant by civil personality? ANS: Civil personality is merely the external manifestation n of either juridical capacity or capacity to act. Consequently, it may be defined as the aptitude of being the subject, active or passive, of rights and obligation JURADO: Define persons ANS: In its juridical sense, a “person” may be defined as a being, physical or moral, real or juridical and legal, which is susceptible of rights and obligations, or of being the subject of legal relations. JURADO: How are persons classified? Distinguish one from the other. ANS: Persons are classified into natural and juridical persons. The 2 may be distinguished from each other as follows: 1. A natural person or human being has physical existence, whereas a juridical person exists only in contemplation of law. 2. A natural person is the product of procreation, whereas a juridical person is the product of legal fiction. JURADO: What is meant by “juridical capacity” and “capacity to act?” Distinguish one from the other? ANS: “Juridical capacity” is the fitness to be the subject of legal relations, while “capacity to act” is the power to do acts with the legal effect (Art 37). The union of both is what is known as “full civil capacity.” They may be distinguished from each other as follows: Juridical Capacity Fitness to be the subject of legal relations (Art 37) Passive Inherent

Capacity to Act Power to do act with legal effects (Art 37) Active Merely acquired

Lost only through death Can exist w/o capacity to act Cannot be limited or restricted

Lost through death and other causes Cannot exist w/o juridical capacity Can be restricted, modified or limited

Theories on Capacity to Act Theory of General Capacities Applies to natural persons One has the ability to do all things w/ legal effects except only in those specific circumstances where the capacity to act is restrained

Theory of Special Capacities Applies to juridical persons This limits the power of juridical persons only to those that are expressly conferred upon them or those which can be implied therefrom or incidental thereto

Restrictions on Capacity to Act do not exempt the incapacitated person from certain obligations as when he latter arise from his acts or from property relations such as easement (Art 38) (MIDPC) 1. Minority 2. Insanity or imbecility 3. State of being deaf mute 4. Prodigality 5. Civil Interdiction JURADO: What are the circumstances which modify or limit capacity to act? ANS: The following circumstances, modify or limit capacity to act: Modifications / Limitations on Capacity to Act (Art 39): (FIIITPPAAAD) 1. Family Relations 2. Insanity 3. Imbecility 4. Insolvency 5. Trusteeship 6. Penalty 7. Prodigality 8. Age 9. Alienage 10.Absence and 11.State of being Deaf-mute The consequences of the restrictions and modifications in a person’s capacity to act

are provided by the Civil Code, other codes, special laws, and the Rules of Court. Capacity to act is not limited on account of religious belief or political opinion. A married woman, 21 years of age or over, is qualified for all acts of civil life except in cases specified by law (Art 39 CC) NATURAL PERSONS JURADO: When does civil personality begin in natural persons? ANS: (General rule) Birth determines personality (actual personality); (Exception) 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 next article (Art 40). This provision of CC is now superseded by Art. 5 of PD No. 603, which declares that 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 Art. 41 of the CC. 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 intrauterine life of less than 7 months, it is not deemed born if it dies within 24 hours after its complete delivery from the maternal womb. (Art. 41 CC) Per Art. 40 Therefore, the child has a presumed personality, which has two characteristics. 1. Limited ; and 2. Provisional/conditional (Quimiguing v Icao, GR NO L-26795, July 31, 1970) NOTE: The concept of provisional personality CANNOT be invoked to obtain damages for and in behalf of an aborted child (Geluz v CA, GR No L-16439, July 20,1961)

JURADO: W, pregnant wife of M, went to

A’s medical clinic for abortion without the knowledge of her husband. When the latter learned of the abortion, he brought an action against A basing his claim upon the provision of Art. 2206 of the CC, which enumerates the damages recoverable in case of death caused by a crime or quasi-delict. Will the action prosper? Reasons. ANS: The action will not prosper. Art 2206 of the CC refers to damages recoverable in case of death caused by a crime or a quasidelict. It cannot, therefore, be applied to the case at bar. The reason is evident. Only one with a juridical personality can die. Here the unborn child never died because it never acquired a juridical personality. Art 40 of the CC expressly limits the provisional personality of a conceived child by imposing the condition that the child should be subsequently born alive. In the instant case, the child was not alive when separated from its mother’s womb. (Geluz v CA, 2 SCRA 801). JURADO: “D” donated P100,000.00 to the unborn child f his pregnant girlfriend, which she accepted. After 6 months of pregnancy, the fetus was born and baptized Angel Evaporada. Angel died 20 hours after birth. “D” sought to recover the P100,000.00. Is “D” entitled to recover? Explain. ANS: “D” is entitled to recover the P100,000.00. The reason is that there is no done. The supposed donee never acquired any civil personality. Consequently, the donation is void or inexistent. Accdg to the CC, 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 7 months, it is not deemed born if it dies within 24 hrs after its complete delivery from the maternal womb. The facts show that the fetus in this case had an intra-uterine life of less than 7 months and that it died 20 hrs after birth. Therefore, the provisional or conditional civil personality which is accorded to a conceived child under the CC and the Child and Youth Welfare Code is not preset here. In other words, Angel has

not acquired any civil personality. Therefore, the donation by “D” never produced any legal effect. It is inexistent. (Answer based on Arts 40 and 41 of the CC and on Art 5 of PD 603) When is a child considered born: General rule: For civil purposes, the fetus is considered born if it is alive at the time it is completely delivered from the mother’s womb. Exception: If the fetus had an intrauterine life of less than 7 months, it is NOT deemed born if it dies within 24 hours after its complete delivery from the maternal womb (Art 41) JURADO: Juana gave birth to a child who died 10 hrs after complete delivery. Did the child acquire personality? ANS: The child acquired personality, unless it had an intrauterine life less than 7 months. According to CC, “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 7 months, it is not deemed born if it dies within 24 hrs after its complete delivery from the maternal womb (Art 41 CC). Presumption of Survivorship: In case of doubt as to which of two or more persons called to succeed each other died first: 1. Whoever alleges the death of one prior to the other, shall prove the same 2. In the absence of proof, the presumption is that the parties died at the same time and there shall be no transmission of rights from one another (Art 43) NOTE: Art 43 applies when the parties are called to succeed ach other or are heirs to one another. But if the parties are not called to succeed each other, Rule 131 Sec 3 of the Rules of Court applies. Both are to be applied only in the absence of facts. The legitimacy or illegitimacy of a child attaches upon his/her conception (Continental Steel Manufacturing Corp v Hon Accredited Voluntary Arbitrator, et al, GR NO 182836, Oct. 13, 2009) JURADO: (a) How is civil personality

extinguished? (b) What is the effect if there is a doubt as to which of 2 persons, who are called to succeed each other, and died first? (c) What are the presumptions on survivorship under the Rules of Court? (d) When is the presumption given in Art 43 of the CC applicable? How about the presumption on survivorship? Illustrate. ANS: (a) Civil personality is extinguished by death (Art 24, CC). (b) If there is doubt, as between 2 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. (Art 43 CC) (c) The presumptions on survivorship under the Revised Rules of Court are those provided for in Rule 131, Sec 5 (jj). They are as follows: “When 2 persons perish in the same calamity, such as a wreck, battle, on conflagration, and it is not shown who died first, and there are no particular circumstances from which it can be inferred, the survivorship is presumed from the probabilities resulting from the strength and age of the sexes, accdg to the following rules: 1) If both under 15 yrs- older 2) If both above 60 – younger 3) If one under 15 and other above 60 – 15 yrs presumed to have survived 4) If both over 15 and under 60, sexes different – male presumed to have survived; if same sex –older presumed to have survived 5) If one under 15 or over 60, and the other between these ages – latter presumed to have survived (d) The presumptions given in Art 43 of the CC is applicable if the following requisites are present: first, there is no proof as to which of 2 persons died first; and second, they are called to succeed each other. The presumptions on survivorship, on the other hand, are applicable if the following

requisites are present: first, there is no proof as to which of 2 persons died first; second, they must have died during a calamity; and third, hey are not called to succeed each other. Thus, if A nad B, father and son, died during a conflagration, and there is no proof as to whom of them died first, Art 43 of the CC is certainly applicable. There shall therefore be no transmission of successional rights from one to the other. However, if there is no relationship between the 2 other than, let us say, contractual. Such as when A, a wealthy bachelor of 40, merely insured his life for P1,000,000.00 with B, a young woman of 21, as beneficiary, evidently, the presumptions on survivorship are then applicable. In other words, A is presumed to be the survivor. JURIDICAL PERSONS JURADO: How classified?

are

juridical

person

ANS: The following are juridical persons: 1) The state and its political subdivisions (Art 44 CC) 2) Other corporations, institutions and entities for public interest or purpose, created by law; their personality begins as soon as they have been constituted accdg to law (ibid) 3) Corporations, partnerships and associations for private interest or purpose as to which the law grants a juridical personality, separate and distinct from that of each shareholder, partner or member (ibid) 4) The Roman Catholic church (Barlin v Ramirez) 5) The estate of the deceased person (Limjuco v Intestate Estate of Pedro Fragrante) Creation: 1. For (1) and (2), by the laws creating or recognizing them; government corporations are created by their special charters passed by the legislature 2. Private corporations are governed by BP 68; and 3. Partnerships and associations for private interest or purpose are governed by the

provisions of partnerships.

this

Code

concerning

NOTE: The estate of a deceased should be considered an artificial or juridical person for purposes of the settlement and distribution of his estate which include the exercise during the judicial administration thereof of his rights and the fulfillment of obligations which survived after his death (Limjoco v Intestate Estate of Pedro Fragrante , No L- 770 Apr 27, 1948) Cessation of Civil Personality 1. If natural persons: by death (Art 42) • The effect of death upon the rights and obligations of the deceased is determined by law, contract and by will because some rights and obligations survive the death of a person. 2. If juridical persons: by termination of existence • Dissolution of private corporations is governed by Title IV of the Corporation Code • Dissolution of corporations for public interest or purposes is governed by the provisions of their respective charters and in its absence by the Corporation Code