Persons

1. Defne Person
Ans: In its juridical sense, a person may be defned 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 relation
2. How are person classifed? Distinguish one from the other?
Ans: Persons are classifed into natural and juridical persons.
The two (! may be distinguished from each other as follows:
("! A natural person or human being has physical e#istence where as a
juridical person e#ists only in contemplation.
(! A natural person is the product of procreation, whereas a juridical
person is the product of legal fction.
3. What is mean by !uridical capacity" and capacity to act"?
Distinguish one from the other.
Ans: $%uridical capacity& is the ftness to be the subject of legal relations
while $capacity to act& is the power to do acts with legal e'ect. The union of
both is what is (nown as $full ci)il capacity&. They may be distingised from
each other as follows:
("! %uridical capacity is inherent in e)ery natural person, and therefore
is not ac*uired, whereas capacity to act is now, there is ac*uired.
(! The former is lost only thgough death, whereas the latter may be
lost through other mean or circumstances.
(+! The former cannot be lmited or restricted, whereas the latter can be
limited or restricted y certain circumstances.
(,! The former can e#ist without the latter, but the e#istence of the
latter always implies that of the former
#. What are the circumstances which modify or limit capacity to act?
Ans: The following circumstances, among others, modify or limit the
capacity to act: age, insanity, imbecility, the state of being deaf-mute,
penalty, prodigality, family relations, alenage, absence, insol)ency and
trusteeship. The conse*uences of these circumstances are go)ernes in the
.//, other codes, the rules of court, and in special laws. /apacity to act in
not limited on account of religious belief or political opinion.
A married woman, "0 years of age or o)er, is *ulifed for all acts of ci)il
life, e#cept in cases specifed by law.
$. What is meant by status?
Ans: The status of a person is the legal condition or class to which one
blongs in society.
%. What is meant by ci&il personality?
Ans: /i)il personality is merely the e#ternal manifestation of either juridical
capacity or capacity to act. /onse*uently, it may be defnes as the aptitude
of being the subject of rights and obligations.
'. When does ci&il personality begin in natural persons?
Ans: 1irth determines personality, but the concei)ed child shall be
considered born for all purposes that fa)orable to it, pro)ided it be born later
with the conditions specifed in the following article (Art ,2, .//!. This
pro)ision od the .// is now superseded by Art. 3 of P.4. .o. 56+, which
declares that the ci)il personality of the child shall commence from the time
of this conception, for all purposes fa)orable to him, subject to the
re*uirements of Art. ," of the .//.
7or ci)il purposes, the foetus is considered born if it is ali)e at the time
it is completely deli)ed from the mother8s womb. 9owe)er, if the foetus had
an intra-uterine life of less than : months, it is now deemed born id it dies
within , hours after its complete deli)er from the maternal womb.
(. )uana ga&e birth to a child who died 1* hours after complete
deli&ery. Did the child ac+uire personality ?
Ans: The child ac*uired a personality, unless it had an intra-uterine life of
less than : months, According to .//, $for ci)il purposes&, the foetus is
considered born if it is ali)e at the time it is completely deli)erd from the
mother8s womb. 9owe)er if the fetus had an intra-uterine life of the less than
: months, it not deemed born if it dies within , hours after it8s completely
from the maternal womb.
,. W- pregnant wife od .- wnt to /0s medical clinic for abortion without
the 1nowledge of her husband- When the latter learned of the
abortion- he brought an action against / basing his claim upon the
pro&ision of /rt. 22*% of the 233- which enumerates the damages
reco&erable in case of death caused by a crim or +uasi4delict. Will
the action prosper?
Ans: The action will not prosper. Art 65 of the .// refers to damages
reco)erable in case of death caused by a crime or a *uasi-delict. It cannot,
therefore, be applied ti the case at bar. The reason is e)ident. ;nly one with a
juridical personality can die 9ere the unborn child ne)er died because ut
be)er ac*uired a juridical personality. Art. ,6 of the .// e#pressly limts the
pro)isional personality of a concei)ed child by imposing the condition that
the child should be subse*uently born alie. In the instant case, he child was
not ali)e when separated from its mother womb.
1*. 5a6 How is ci&il personality e7tinguished ?
5b6 What is the e8ect if there is a doubt as to which of two 526
persons- who are called to succeed each other- died frst ?
5c6 What are the presumptions on sur&i&orship under the rules of
court?
5d6 When is the presumption gi&en in /rt. #3 of the 233 applicable?
How about the presumption on sur&i&orship ? 9llustrate.