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 A’s medical clinic for abortion without
codes, special laws, and the Rules of the knowledge of her husband. When the
Court. Capacity to act is not limited on latter learned of the abortion, he brought
account of religious belief or political an action against A basing his claim upon
opinion. the provision of Art. 2206 of the CC,
which enumerates the damages
A married woman, 21 years of age or over, recoverable in case of death caused by a
is qualified for all acts of civil life except crime or quasi-delict. Will the action
in cases specified by law (Art 39 CC) prosper? Reasons.

ANS: The action will not prosper. Art 2206

NATURAL PERSONS of the CC refers to damages recoverable in
case of death caused by a crime or a quasi-
JURADO: When does civil personality delict. It cannot, therefore, be applied to
begin in natural persons? the case at bar. The reason is evident. Only
ANS: (General rule) Birth determines one with a juridical personality can die.
personality (actual personality); Here the unborn child never died because
(Exception) but the conceived child shall it never acquired a juridical personality.
be considered born for all purposes that Art 40 of the CC expressly limits the
are favorable to it, provided it be born provisional personality of a conceived child
later with the conditions specified in the by imposing the condition that the child
next article (Art 40). should be subsequently born alive. In the
instant case, the child was not alive when
This provision of CC is now superseded by separated from its mother’s womb. (Geluz
Art. 5 of PD No. 603, which declares that v CA, 2 SCRA 801).
the civil personality of the child shall
commence from the time of his JURADO: “D” donated P100,000.00 to
conception, for all purposes favorable to the unborn child f his pregnant girlfriend,
him, subject to the requirements of Art. 41 which she accepted. After 6 months of
of the CC. pregnancy, the fetus was born and
baptized Angel Evaporada. Angel died 20
For civil purposes, the fetus is considered hours after birth. “D” sought to recover
born if it is alive at the time it is the P100,000.00. Is “D” entitled to
completely delivered from the mother’s recover? Explain.
womb. However, if the fetus had an intra-
uterine life of less than 7 months, it is not ANS: “D” is entitled to recover the
deemed born if it dies within 24 hours after P100,000.00. The reason is that there is no
its complete delivery from the maternal done. The supposed donee never acquired
womb. (Art. 41 CC) any civil personality. Consequently, the
donation is void or inexistent.
Per Art. 40 Therefore, the child has a presumed
personality, which has two characteristics. Accdg to the CC, for civil purposes, the
1. Limited ; and fetus is considered born if it is alive at the
2. Provisional/conditional (Quimiguing v Icao, time it is completely delivered from the
GR NO L-26795, July 31, 1970) mother’s womb. However, if the fetus had
an intra-uterine life of less than 7 months,
NOTE: The concept of provisional it is not deemed born if it dies within 24
personality CANNOT be invoked to obtain hrs after its complete delivery from the
damages for and in behalf of an aborted maternal womb. The facts show that the
child (Geluz v CA, GR No L-16439, July fetus in this case had an intra-uterine life
20,1961) 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
JURADO: W, pregnant wife of M, went to not preset here. In other words, Angel has
not acquired any civil personality. extinguished?
Therefore, the donation by “D” never (b) What is the effect if there is a doubt
produced any legal effect. It is inexistent. as to which of 2 persons, who are called
(Answer based on Arts 40 and 41 of the CC to succeed each other, and died first?
and on Art 5 of PD 603) (c) What are the presumptions on
survivorship under the Rules of Court?
When is a child considered born: (d) When is the presumption given in Art
General rule: For civil purposes, the fetus is 43 of the CC applicable? How about the
considered born if it is alive at the time it is presumption on survivorship? Illustrate.
completely delivered from the mother’s womb.
ANS: (a) Civil personality is extinguished by
Exception: If the fetus had an intrauterine life of death (Art 24, CC).
less than 7 months, it is NOT deemed born if it
dies within 24 hours after its complete delivery (b) If there is doubt, as between 2 or more
from the maternal womb (Art 41) persons who are called to succeed each
other, as to which of them died first,
JURADO: Juana gave birth to a child who whoever alleges the death of one prior to
died 10 hrs after complete delivery. Did the other, shall prove the same; in the
the child acquire personality? absence of proof, it is presumed that they
died at the same time and there shall be
ANS: The child acquired personality, unless no transmission of rights from one to the
it had an intrauterine life less than 7 other. (Art 43 CC)
months. According to CC, “for civil
purposes, the fetus is considered born if it (c) The presumptions on survivorship under
is alive at the time it is completely the Revised Rules of Court are those
delivered from the mother’s womb. provided for in Rule 131, Sec 5 (jj). They
However, if the fetus had an intra-uterine are as follows:
life of less than 7 months, it is not deemed
born if it dies within 24 hrs after its “When 2 persons perish in the same
complete delivery from the maternal womb calamity, such as a wreck, battle, on
(Art 41 CC). conflagration, and it is not shown who died
first, and there are no particular
Presumption of Survivorship: circumstances from which it can be
In case of doubt as to which of two or more inferred, the survivorship is presumed from
persons called to succeed each other died first: the probabilities resulting from the
1. Whoever alleges the death of one prior to strength and age of the sexes, accdg to the
the other, shall prove the same following rules:
2. In the absence of proof, the presumption is 1) If both under 15 yrs- older
that the parties died at the same time and 2) If both above 60 – younger
there shall be no transmission of rights 3) If one under 15 and other above 60
from one another (Art 43) – 15 yrs presumed to have survived
4) If both over 15 and under 60, sexes
NOTE: Art 43 applies when the parties are called different – male presumed to have
to succeed ach other or are heirs to one another. survived; if same sex –older
But if the parties are not called to succeed each presumed to have survived
other, Rule 131 Sec 3 of the Rules of Court 5) If one under 15 or over 60, and the
applies. Both are to be applied only in the other between these ages – latter
absence of facts. presumed to have survived

The legitimacy or illegitimacy of a child attaches (d) The presumptions given in Art 43 of the
upon his/her conception (Continental Steel CC is applicable if the following requisites
Manufacturing Corp v Hon Accredited Voluntary are present: first, there is no proof as to
Arbitrator, et al, GR NO 182836, Oct. 13, 2009) which of 2 persons died first; and second,
they are called to succeed each other. The
presumptions on survivorship, on the other
JURADO: (a) How is civil personality hand, are applicable if the following
requisites are present: first, there is no provisions of this Code concerning
proof as to which of 2 persons died first; partnerships.
second, they must have died during a
calamity; and third, hey are not called to NOTE: The estate of a deceased should be
succeed each other. Thus, if A nad B, considered an artificial or juridical person for
father and son, died during a conflagration, purposes of the settlement and distribution of his
and there is no proof as to whom of them estate which include the exercise during the
died first, Art 43 of the CC is certainly judicial administration thereof of his rights and
applicable. There shall therefore be no the fulfillment of obligations which survived after
transmission of successional rights from his death (Limjoco v Intestate Estate of Pedro
one to the other. However, if there is no Fragrante , No L- 770 Apr 27, 1948)
relationship between the 2 other than, let
us say, contractual. Such as when A, a Cessation of Civil Personality
wealthy bachelor of 40, merely insured his 1. If natural persons: by death (Art 42)
life for P1,000,000.00 with B, a young • The effect of death upon the rights
woman of 21, as beneficiary, evidently, the and obligations of the deceased is
presumptions on survivorship are then determined by law, contract and by
applicable. In other words, A is presumed will because some rights and
to be the survivor. obligations survive the death of a
person.
JURIDICAL PERSONS
2. If juridical persons: by termination of
JURADO: How are juridical person existence
classified? • Dissolution of private corporations is
governed by Title IV of the Corporation
ANS: The following are juridical persons: Code
1) The state and its political • Dissolution of corporations for public
subdivisions (Art 44 CC) interest or purposes is governed by the
2) Other corporations, institutions and provisions of their respective charters
entities for public interest or and in its absence by the Corporation
purpose, created by law; their Code
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