Aleezah Gertrude Regado

PERSONS AND FAMILY RELATIONS NOTES

BOOK 1 other codes, the Rules of Court, and in

PERSONS special laws. Capacity to act is not limited on
TITLE I --- CIVIL PERSONALITY account of religious belief or political opinion.

CHAPTER 1: A married woman, twenty-one years of age or

GENERAL PROVISIONS over, is qualified for all acts of civil life,
except in cases specified by law.
Art. 37. Juridical capacity, which is the
fitness to be the subject of legal relations, is
inherent in every natural person and is lost Restrictions on Capacity to Act:
only through death. Capacity to act, which is 1. Minority
the power to do acts with legal effect, is 2. Insanity or Imbecility
3. State of being deaf mute
acquired and may be lost
4. Prodigality
5. Civil Interdiction
ART 37 JURIDICAL CAPACITY AND
CAPACITY TO ACT Modifications/Limitations on Capacity to
Act
JURIDICAL CAPACITY TO ACT 1. Family relations
CAPACITY 2. Insanity
Acquired upon Not inherent in a 3. Imbecility
birth and is person ; 4. Trusteeship
terminated only Attained or conferred 5. Insolveny
upon death Can likewise be lost 6. Penalty
not only by death but 7. Prodigality
by any valid cause 8. Age
provided by law 9. Alienage
Passive Active
Inherent Merely Acquired Art 38
Can exist without Exists with juridical Restricts ones capacity to act
capacity to act capacity Art 39
Enumerates situations which merely
Art. 38. Minority, insanity or imbecility, the modify the capacity to act
state of being a deaf-mute, prodigality and
civil interdiction are mere restrictions on OBJECTIVE OF ARTICLES 38 AND 39
capacity to act, and do not exempt the Make an overview of the situation that
incapacitated person from certain obligations, qualifies a persons power to undertake
as when the latter arise from his acts or from acts which can produce legal effects
property relations, such as easements. Intended to give people not adept with
technicalities of law, situations which
Art. 39. The following circumstances, among may effectively, juridically and legally
others, modify or limit capacity to act: age, affect such relationships.
insanity, imbecility, the state of being a deaf- Consequences of these restrictions and
mute, penalty, prodigality, family relations, modifications in persons capacity to act
alienage, absence, insolvency and are provided by:
trusteeship. The consequences of these 1. Civil Code
circumstances are governed in this Code, 2. Other Codes

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 Aleezah Gertrude Regado
PERSONS AND FAMILY RELATIONS NOTES
3. Special Laws
4. Rules of Court
CHAPTER 2:
NATURAL PERSONS
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.
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.
** COMMENCEMENT OF CIVIL
PERSONALITY**
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 Civ. Code (Art 5, P.D
No. 603/ Child and Youth Welfare Code)
QUIMIGUING v. ICAO
FACTS:
Carmen Quimiguing sued Felix Icao,
defendant although married succeeded in
having carnal intercourse without her
consent and as a result she became
pregnant.
Carmen claimed support of P120.00 per
month, damages and attorneys fees.
Icao moved to dismiss for lack of cause of
action since the complaint did not allege that
child had been born; and after hearing
arguments, trial judge sustained defendants
motion and dismissed complaint.
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RULING
Conceived child, although not yet unborn,
is given by law a provisional personality of
its own for all purposes favorable to it, as
explicitly provided in Art 40 of Civ Code.
Even if child is only en ventre de sa
mere just as a conceive child, even if as
yet unborn may receive donations and
its being ignored by parent in his
testament may result in preterition of a
forced heir that annuls the institution of
testamentary heir even if such child
should be born after death of testator.
Art 40 prescribing conceived chid shall
be considered born for all purposes that
are favorable to it adds further provided
it be born later with the conditions
specified I following article.
Provisio however is not a condition
precedent to right of conceived child; for
if it were, first part of Art 40 would be
useless af.
BEGINNING OF PERSONALITY
GR: Birth determines Personality
EX:
Civil personality of child shall commence
from time of its conception, for all purposes
favorable to him subject to reqs of Art 41
Law considers conceived child as born for all
purposes favorable to him (if born alive)
Therefore child has a presumptive personality
which has the following characteristics:
1. Limited
2. Provisional or Conditional
EX:
Concept of provisional personality
CANNOT be invoked to obtain damages
for and in behalf of an aborted child.
Well, parents can in their own legal right
against doctor who caused abortion.
(Provided they must show that they have
not consented or acquiesced to abortion)
 Aleezah Gertrude Regado
PERSONS AND FAMILY RELATIONS NOTES
WHEN CHILD IS CONSIDERED TO BE BORN?
Born if alive at time it is completely
delivered from mothers womb.
EX: If fetus had an intra-uterine life of less
than 7 months, it is not deemed born if it
dies w/in 24 hours after complete delivery
BIRTH CERTIFICATE
Best evidence of fact of birth
Public document once registered in Office
of Local Civil Registrar
However:
Only prima facie evidence of facts
contained therein and can be rebutted by
competent evidence
(Sec 4 of Civil Registry Law Act No. 3753)
SUFFICIENT FOR REGISTRATION OF BIRTH IN
CIVIL REGISTER
Declaration of:
1.) Physician /Midwife in attendance at birth
2.) In default, declaration of either parent
WHEN
Not later than 30 days AFTER birth
(duh, alangan namang before?!)
CERTIFIES THE FOLLOWING FACTS
1.) Date & Hour of Birth
2.) Sex & Nationality of infant
3.) Names, Citizenship & Religion of parents
Or in case father is not nown, of mother
alone
4.) Civil Status of parents
5.) Place of birth
6.) Such other data as may be required in
regulations to be issued
WHAT IF EXPOSED CHILD? #NATAGPUAN
Person who found, report to local civil registrar
the
1. Place
2. Date
3. Hour of finding
4. Other attendant circumtances
ILLIGITIMATE CHILD
Birth cert, sign and sworn jointly by parents or
only by mother (if no balls si poppa)
If father refuses, it shall not be permissible to
state or reveal in documents the name of
father who refuses to acknowledge the child or
give therein any info by which such father
could be identified (Baka kasi mamaya
malandi ka, di naman talaga siya ang
fatherbells niyan)
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CONFIDENTIALITY OF BIRTH RECORDS
Cannot be revealed except in cases
provided by law.
They are required to be confidential and
therefore not known to the public
Nevertheless they still maintain there
nature as public documents because
following proper legal procedure, they can
be obtained by those interested therein.
(Child and Youth Welfare Code, Art 7)
EXCEPT UPON REQUEST OF ANY OF THE
FOLLOWING
1.) Person himself/person authorized by
him
2.) His spouse, parent/s, direct
descendants or guardian or institution
in charge of him (if minor)
3.) Court or proper public official
whenever absolutely necessary in
administrative, judicial or other official
proceedings to determine identity of
childs parents or other circumstances
surrounding his birth
4.) In case of persons death, the nearest
of kin
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.
DEATH
Puts end to Civil Personality
Death extinguished civil personality and
therefore, all further juridical capacity to
acquire or transmit rights and obligations of
any kind (Butte v. Manuel Uy & Sons Inc)
DEATH CERTIFICATE
Office of Local Civil Registrar of
Municipality or City must also have in its
custody the death certificates of persons
who died in its locality.
 Aleezah Gertrude Regado
PERSONS AND FAMILY RELATIONS NOTES
(Sec 6 of Civil Registry Law)
No human body shall be buried unless the
proper death certificate has been presented
and recorded in the office of local civil
registry
DEATH CERT SHALL CONTAIN
1.) Date & Place of Death
2.) Full name
3.) Age
4.) Occupation/Profession
5.) Residence
6.) Status as regards marriage
7.) Nationality of Deceased
8.) Probable Cause of Death
DURING EPIDEMIC
Bodies may be buried provided the proper
death certs have been secured, which shall
be registered not later than 5 days AFTER
burial
CONTRACT, WILL AND THE LAW
Rights & Obligations of dead person
can still be regulated by contract, will
or law.
Creditors given right to claim for
estate of deceased, any obligation
due them before estate can finally be
partitioned in favor of heirs.
EXAMPLE:
Matias father of Kiki and Koko died.
Matias owes P20,000.00 from Nuknuk.
Therefore before Kiki and Koko enjoys
with the P50,000.00 left by there Sugar
Poppa, Nuknuk could first claim the
P20,000.00 due to him.
Testator through express provision in a
will may disinherit any of his/her heirs
under any valid grounds provided by
law.
Any person who shows disrespect to
dead or wrongfully interferes with
funeral shall bee liable to the family of
the deceased for damages, material or
moral.
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,
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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.
PROOF OF DEATH
Art 43 specifically applies only to persons
called upon to succeed each other.
Proof of death must be established by
positive evidence
However it can likewise be established by
circumstantial evidence derived from facts.
In conclusion, the presumption that
Angela Joaquin de Navarro died before her
son is based purely on surmises,
speculations or conjectures without any
sure foundation in the evidence. Opposite
theory, that mother outlived her son is
deduced from established facts which
weighed by common experience, engender
the inference as a very strong probability.
(Joaquin v. Navarro)
PRESUMPTION OF SURVIVORSHIP
If there is doubt as to whom, between or
among two or more persons called upon
to succeed each other died first, the
following rules apply
1. Whoever alleges death of one prior
to the other shall prove the same
2. In absence of proof, it shall be
presumed that they died at the same
time, therefor no transmission of
rights from one another
(Bes, ma-tetegi na nga lang, dami pa
hanash ng law sa whos this and
whos that)
 Aleezah Gertrude Regado
PERSONS AND FAMILY RELATIONS NOTES
CHAPTER 3
JURIDICAL PERSONS
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)
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)
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.
JURIDICAL PERSON
Being of legal existence susceptible of
rights and obligations or of being the
subject of juridical relations.
WHO ARE JURIDICAL PERSONS?
1. State and its Political Subdivisions
2. Corporations for public interest ( Quasi-
Public Corporations)
3. Corporations, Partnerships and
Associations for Private Interest
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STATE
Yup, Juridical person
Is a sovereign person with people
composing it viewed as an organized
corporate society under a government with
the legal competence to exact obedience
of its commands.
As a juridical person, state can enter into
treaties and contracts
State cannot be sued w/o its consent.
Suability depends on consent of state,
Liability on applicable law and established
facts.
POLITICAL SUBDIVISIONS
Municipal corporations and in the
Philippines consists of provinces, cities and
municipalities.
May exercise either poitical or
governmental functons or private,
proprietary or corporate right.
Officers and agents in performance of such
functions act in behalf of the municipalities
in their corporate or individual capacity and
not for state of sovereign power.
CORPORATION
Governed by B.P Blg 68 otherwise known
as Corporation Code of the Philippines/
May 1, 1980
Is an artificial being created by law having
rights of succession and the powers,
attributes and properties expressly
authorized by law or incident to its
existence.
PARTNERSHIP
By contract of partnership, two or more
persons bind themselves to contribute
money, property, or industry to a common
fund with the intention of dividing the profits
among themselves. Two or more persons
may also form partnership for exercise of
profession.
 Aleezah Gertrude Regado
PERSONS AND FAMILY RELATIONS NOTES

DISTICT PERSONALITY AND (5) Those who are naturalized in accordance

EXCEPTIONS
Corps, Partnerships & Associations for
private interest and purpose may be
granted by law a juridical personality
separate and distinct from that of each
shareholder, partner or member.
Hence obligation of Tagay Corp is not an
obligation of its Tagay Board members.
(There is such thing as doctrine of
corporate veil)
with law.
Art. 49. Naturalization and the loss and
reacquisition of citizenship of the Philippines
are governed by special laws.
Art. 50. For the exercise of civil rights and the
fulfillment of civil obligations, the domicile of
natural persons is the place of their habitual
residence.

Art. 47. Upon the dissolution of corporations, Art. 51. When the law creating or recognizing
institutions and other entities for public them, or any other provision does not fix the
interest or purpose mentioned in No. 2 of domicile of juridical persons, the same shall
Article 44, their property and other assets be understood to be the place where their
shall be disposed of in pursuance of law or legal representation is established or where
the charter creating them. If nothing has been they exercise their principal functions.
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.

Title II. - CITIZENSHIP AND DOMICILE

Art. 48. The following are citizens of the

Philippines:
(1) Those who were citizens of the Philippines
at the time of the adoption of the Constitution
of the Philippines;

(2) Those born in the Philippines of foreign

parents who, before the adoption of said
Constitution, had been elected to public office
in the Philippines;

(3) Those whose fathers are citizens of the

Philippines;

(4) Those whose mothers are citizens of the

Philippines and, upon reaching the age of
majority, elect Philippine citizenship;

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