BOOK I – PERSONS Judicial Capacity Capacity to Act (CA)

TITLE I – CIVIL PERSONALITY (JC)

CHAPTER I: General Provisions Aptitude of the Aptitutde for the
subject for the mere exercise of such rghts
holdings or and to consummate
Art. 37. Juridical Capacity, which is the fitness enjoyment of rights juridical acts
to be the subject of legal relations, is inherent As defined by the
Civil Code: The power to do acts
in every natural person and is lost only
The fitness to be the with legal effects.
through death. Capacity to act, which is the subject of legal
power to do acts with legal effects, is acquired relations
and may be lost. As per the condition
of subject: Dynamic subject
Juridical Capacity (JC) Static subject Dynamic – always
Static – showing active or changing
- Fitness to be the subject of legal little or no change, (Mirriam Webster)
relations action or progress
- Inherent in every NATURAL person (Mirriam Webster)
- Lost ONLY through DEATH Aptitude to be the The power to give life
subject of rights and to juridical acts, to
Capacity to Act (CA) obligations, the execute acts with legal
abstract possibility effects.
- The power to do acts with legal effects of receiving legal
- It is acquired and MAY be lost effects.
One, indivisible, Does not exist in all
Persons irreducible, and men nor doesn’t exist
essentially the same to the same extent.
- Any being suspectible of rights and always and for all
obligations or being the subject of men
legal relations. It is enough that the
Intelligence and
person exist volition is required
Kinds of Persons Inherent Merely acquired
Lost only through May b lost through
1. Natural Persons death other means and
- Also known as “physical persons” circumstances
- They are human beings Cannot be limited or Can be limited or
restricted restricted by certain
2. Judicial Persons
circumstances
- Also known as “artificial persons”
- An entity authorized by law with
duties and rights recognized as legal Note: BOTH JC and CA constitutes FULL civil
authority and having distinct identity. capacity

Personality Art. 38. Minority, insanity or imbecility, the

state of being a deaf-mute, prodigality and civil
- Is the aptitude to be the subject, active interdiction are mere restrictions on capacity
or passive, of juridical relations to act, and do not exempt the incapacitated
person from certain obligations, as when the

Arranged by: Tisay

Persons and Family Relations under Atty. Liza Lopez- Rosario
(Taken from Rabuya, San Beda Notes , LR Notes)
latter arise from his acts or from property Restrictions on Capacity to Act
relations, such as easements. (32a) (M-I-I-D-P-I)

Art. 39. The following circumstances, among
others, modify or limit capacity to act: age,
insanity, imbecility, the state of being a deaf-
mute, penalty, prodigality, family relations,
NATURAL INCAPACITY
1. Minority (Due to lack of development)
2. Insanity or Imbecility (Due to
disease)
3. State of deaf-mute (Due to crime)

CIVIL INCAPACITY
alienage, absence, insolvency and trusteeship. 4. Prodigality
The consequences of these circumstances are 5. Civil Interdiction (Due to public
governed in this Code, other codes, the Rules of policy)
Court, and in special laws. Capacity to act is
not limited on account of religious belief or 1. Minority
political opinion. - The state of a person who is under the
A married woman, twenty-one years of age or age of legal majority.
over, is qualified for all acts of civil life, except
in cases specified by law. (n) Minor
- is a person below 18 years of age
Note: since majority commences upon
Article 38 – enumerates the RESTRICITONS on attaining the age of 18.
one’s capacity to act - He may not enter into. a contract as a
Article 39 – enumerate the CIRCUMSTANCES general rule.
WHICH MODIFY one’s capacity to act.
2. Insanity or Imbecility
Incapacities to Act Special An IMBECILE is a person who while in
Disqualifications age has the mental capacity
Limitations or Restrictions on comparable to that of a child between
restrictions on capacity to act. 2 to 7 years of age.
capacity to act
An INSANE is a person whose mental
Based on subjective Based on reasons of
circumstances of morality facilities are diseased.
certain persons
which compel the Note: An insane person is not exempt
law to withhold or from liability if not proven
suspend for a
certain juridical 3. Deaf – mutism
acts
Generally a deaf-mute may not give
Restricts the Restrict the enjoyment
excersice of the of the right itself. his consent to a contract nor be a
exercise of the witness; however, he may if he knows
rights how to read or write may validly
enter into a contract.

Incapacity – is the restriction of a person’s 4. Prodigality

capacity to act. A PRODIGAL is a person incapable of
managing their affairs and of the

Arranged by: Tisay

Persons and Family Relations under Atty. Liza Lopez- Rosario
(Taken from Rabuya, San Beda Notes , LR Notes)
 obligations which is attached to him
as a consequence of his bad conduct.
5. Civil Interdiction
It is an accessory penalty imposed
upon an accused who is sentenced to
a principal penalty not lower than
reclusion temporal.
Its effect includes:
(1) Deprivation of rights of parental
authority or guardianship
(2) Deprivation of marital authority
(3) Deprivation of the right to manage
his property
(4) Deprivation of the right to dispose
of his property by an act or any
conveyance inter vivos.
CHAPTER II: 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. (29a)
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. (30a)
What Determines Personality
GR: Birth determines personality
EXM: A conceived child should be considered
born for all purposes favourable to it.
When a Person Deemed “BORN”
The foetus is considered born if it is alive at
the time it is completely delivered from the
mother’s womb.
Arranged by: Tisay
Persons and Family Relations under Atty. Liza Lopez- Rosario
(Taken from Rabuya, San Beda Notes , LR Notes)
Note:
Complete Delivery means the cutting of the
umbilical cord so that if after the cutting of
the umbilical cord the child is ALIVE, even
only for a few hours, is considered as a
PERSON.
This rule applies ONLY if the foetus had an
intra-uterine of at least seven months.
If the foetus 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.
GR: For civil purposes, the foetus is
considered born if it is alive at the time it is
completely delivered from the mother’s
womb.
EXC: If the foetus 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.
Illustration:
When Jamica was on her eighth month of
pregnancy, she accidentally fell of the stairs
causing her to have a premature delivery of
her child whose name would be Jericho. The
baby was born alive but thirty minutes
later, died.
Question: Can the baby be considered a
natural person?
Answer: Yes. The baby can be considered a
natural person. Under the law, conceived
child is deemed to have possessed provisional
personality if a testate or donation is made in
his/her favour. It is also clear that the CC
provides that a child that is born, alive, ageing
seven months or more has already acquired
conclusive personality. In fact, it is said that if
the baby was born alive although died later
on, as long as it cried during its delivery – it
has possessed personality. It does not need to
live 24 hour for him to acquire conclusive
personality unlike intra-uterine babies or
babies born less than seven months which
need to live for at least 24 hours in order to
acquire personality.
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. (32a)
GR: Civil personality of a natural person is
extinguished by death.
EXM: the personality of a person may be
extended even beyond his death and in this
case his estate is considered of his
personality.
Note: In this jurisdiction, the estate of a
deceased person is also considered a having
legal personality independent of their heirs.
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, 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. (33)
Article 43 applies ONLY when the question of
survivorship involves persons “who are
called upon to succeed each other”. It is not
applicable when there is no question of
succession.
Application of Rule on Survivorship under
the ROC
If the question of survivorship involves
persons who are not called upon to succeed
each other, it is the rule on survivorship
under the ROC that shall govern and not Art.
43.
Arranged by: Tisay
Persons and Family Relations under Atty. Liza Lopez- Rosario
(Taken from Rabuya, San Beda Notes , LR Notes)
Note:
When two persons perish in the same
calamity, such as wreck and it is not shown
who died first, the survivorship is determined
from the probabilities resulting from the
strength and age of sexes.
RULE 131, ROC – gives the presumption as to
who died ahead of whom.
CHAPTER III – 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. (38a)
Art. 47. Upon the dissolution of corporations,
institutions and other entities for public
interest or purpose mentioned in No. 2 of
Article 44, their property and other assets shall
be disposed of in pursuance of law or the
charter creating them. If nothing has been
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. (39a)
Juridical Persons
- Are artificial beings to which the law
grants a personality distinct and
separate from each individual
member composing it suspectible of
rights and obligations, or of being the
subject of legal relations.
Note: The personality begins from the
moment the law recognizes them or
creates them unless the law provides
otherwise and such personality is
extinguished only in accordance with law.
Corporations
- is formed and organized under the
Corporation Code
- commences to have corporate
existence and juridical personality
and is deemed incorporated from the
date the SEC issues certificate of
certificate of incorporation.
Partnership
- is defined by law as one where 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.
Note: A Sole Proprietorship is DOES
NOT possess a juridical personality
Arranged by: Tisay
Persons and Family Relations under Atty. Liza Lopez- Rosario
(Taken from Rabuya, San Beda Notes , LR Notes)
separate and distinct from the personality
of the owner of the enterprise.
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;
(5) Those who are naturalized in accordance
with law. (n)
Art. 49. Naturalization and the loss and
reacquisition of citizenship of the Philippines
are governed by special laws. (n)
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. (40a)
Art. 51. When the law creating or recognizing
them, or any other provision does not fix the
domicile of juridical persons, the same shall be
understood to be the place where their legal
representation is established or where they
exercise their principal functions. (41a)
Domicile – there is an element of
permanence, place where one intends to
return.
Residence – temporary in character

RESIDENCE DOMICILE
Used to indicate a Denotes a FIXED
PLACE OF ABOVE, PERMANENT
whether permanent RESIDENCE, which
or temporary when absent, one has
the intention of
returning
There can be several There can only be
places of residence ONE place of domicile

Elements of Domicile

a. Physical presence in a fixed place

b. Intention to remain permanently

Kinds of Domicile (O-C-C)

1. Domicile of origin – received by a

person at birth
2. Domicile of choice – the place freely
chosen by a person sui juris.
3. Constructive domicile – assigned to a
child by law at the time of birth.

Arranged by: Tisay

Persons and Family Relations under Atty. Liza Lopez- Rosario
(Taken from Rabuya, San Beda Notes , LR Notes)