Article 40. provides that Art. 42 Civil personality of a person There are two kinds: Art. 38 list mere restrictions on a natural personality begins at conception is extinguished by death, but his right 1. Natural Person person’s capacity to act: but birth determines it. A conceived and obligation can still be regulated Born of a mother, like you and me child is considered born for all by law, by contract or by will. 2. Juridical Person 1. Minority purposes favourable to it, subject Created by law such as a 2. Insanity or imbecility to Art. 41. For instance, a testatro corporation, partnership, and 3. State of being deafmute association 4. Prodigality Thus, a conceived child though still 5. Civil Interdiction unborn may be acknowledged by Art. 37 (NCC) speaks of the two fold the parents, and may be the capacities of a person, to wit: Generally, a minor needs parental recipient of donation (not onerous) consent to enter into a contract. through his mother. 1. Juridical capacity or the Otherwise, the contract is voidable, that fitness to be the subject of legal is, valid until annulled. Art. 41 provides that a human relation; inherent in every foetus is considered born if alive at person and lost only through An incapacitated person may still be time completely delivered from the death liable for a crime, and his property be mother’s womb (even if it lives held accountable. only for an hour). But if the 2. Capacity to act which is the intrauterine life is less than 7 power to act with legal effects; Art. 39 is a broader provision. Aside months, the child must live for at acquired and may be lost by from the above mere restrictions, it least 24 hours after. death or lawful cause includes: family relations, alienage, absence, insolvency, and trusteeship. Thus, a donation made to a Thus, a one-year old child has conceived child is valid and juridical capacity but not capacity to Thus, a father has full capacity to act, but effective even if he lives only for an act. He acquires the latter when he precisely as a father cannot impair the hour after birth. reaches the age of majority (18 years legitime of his compulsory heirs. old). If it is a stillborn, the property An alien cannot own agricultural land. donated shall revert to the donor and not to the parents What is the legal effect of Arts. 38 and 39? Can that be imposed PERSONS (B)
JURIDICAL PERSON CITIZENSHIP & DOMICILE
(first paragraph notes) Dual Citizenship is not double citizenship Filipina married to a foreigner – and the – Maquiling vs COMELEC 696 SCRA marriage is done in the latter; the 420 foreigner filed divorce – is that divorce Immunity of suit is only when they valid? YES perform i.e. the driver of the ambulance of the What is the effect to the Filipina? She can provincial hospital marry again in abroad
Example of proprietary: What is the effect if the Filipina wants to
When they allow rent on the market, the go back to the PH, can she marry again? tenant can sue when they get ejected No (check the nuances) unjustly
When will the state be liable? ---
Acts of special agent: Special agent – can be held liable Notes on domicile Example: The driver of the governor was ask to Duterte’s domicile is Davao (although he drive the mother of the governor to the is still in Malacañang) market – driving there, it got into an accident an accident You can change your domicile – example A, from the province, married someone --- who lives in Manila, then she can live Stockholder cannot interedere unless where her husband lives detrimental (i.e. derivative suit?) Go vs. Republic, 729 SCRA --- 138 Partnership Lawfirm Cases: - Philrock vs. Board of Liquidators, 180 SCRA