Lost only through Lost through death

JURADO: What is meant by status? death and other causes

ANS: The status of a person is the legal Can exist w/o Cannot exist w/o
condition or class to which one belongs in capacity to act juridical capacity
society. Cannot be limited or Can be restricted,
restricted modified or limited
JURADO: What is meant by civil
personality? Theories on Capacity to Act
ANS: Civil personality is merely the
external manifestation n of either juridical Theory of General Theory of Special
capacity or capacity to act. Consequently, Capacities Capacities
it may be defined as the aptitude of being Applies to natural Applies to juridical
the subject, active or passive, of rights and persons persons
obligation One has the ability This limits the
to do all things w/ power of juridical
JURADO: Define persons legal effects except persons only to
ANS: In its juridical sense, a “person” may only in those those that are
be defined as a being, physical or moral, specific expressly conferred
real or juridical and legal, which is circumstances upon them or those
susceptible of rights and obligations, or of where the capacity which can be
being the subject of legal relations. to act is restrained implied therefrom
or incidental thereto
JURADO: How are persons classified?
Distinguish one from the other. Restrictions on Capacity to Act do not exempt the
incapacitated person from certain obligations as
ANS: Persons are classified into natural and when he latter arise from his acts or from
juridical persons. The 2 may be property relations such as easement (Art 38) (MID-
distinguished from each other as follows: PC)
1. Minority
1. A natural person or human being has 2. Insanity or imbecility
physical existence, whereas a juridical 3. State of being deaf mute
person exists only in contemplation of law. 4. Prodigality
5. Civil Interdiction
2. A natural person is the product of
procreation, whereas a juridical person is JURADO: What are the circumstances
the product of legal fiction. which modify or limit capacity to act?

JURADO: What is meant by “juridical ANS: The following circumstances, modify

capacity” and “capacity to act?” or limit capacity to act:
Distinguish one from the other?
Modifications / Limitations on Capacity to
ANS: “Juridical capacity” is the fitness to Act (Art 39): (FIIITPPAAAD)
be the subject of legal relations, while 1. Family Relations
“capacity to act” is the power to do acts 2. Insanity
with the legal effect (Art 37). The union of 3. Imbecility
both is what is known as “full civil 4. Insolvency
capacity.” They may be distinguished from 5. Trusteeship
each other as follows: 6. Penalty
7. Prodigality
Juridical Capacity Capacity to Act 8. Age
Fitness to be the Power to do act 9. Alienage
subject of legal with legal effects 10.Absence and
relations (Art 37) (Art 37) 11.State of being Deaf-mute
Passive Active The consequences of the restrictions and
Inherent Merely acquired 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 intra-
uterine 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 quasi-
delict. 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 are juridical person
classified?
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)
provisions of this Code concerning
partnerships.
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

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