ARTICLE 37
therefore attended.
JURIDICAL CAPACITY – refers to the
fitness to be the subject of legal relations.
CAPACITY TO ACT – refers to the power to
do acts with legal effect.
JURIDICAL CAPACITY is passive, inherent,
lost only through death and can exist
without the capacity to act.
CAPACITY TO ACT is active, merely
acquired, can likewise be lost through death
and may be restricted by other causes, and
exists always with juridical capacity.
JC – capacidad juridical
CTA – capacidad de obrar
FULL OR COMPLETE CIVIL CAPACITY –
the union of two (2) kinds of capacity (plena
capacidad civil)
EXAMPLE: A one (1) year old boy has
juridical capacity but has no capacity to act.
When he becomes 21, he will have full civil
capacity.
ARTICLE 37-38
MINORITY – a natural person whose age is
below the age of majority.
INSANITY – a condition in which a person’s
mind is sick.
IMBECILITY - refers to one’s feeble-
mindedness or a condition in which a
person thinks like a small child.
- If a person is under a guardianship
because of insanity, he is of course
presumed insane if he should enter into a
contract. But this presumption is only prima
facie or rebuttable. If it can be shown that
he was acting during a lucid interval. The
Contract will be considered valid.
STATE OF BEING DEAF-MUTE – may
either be sane or insane. If sane,
prescription may run against him. He may
make a will, but cannot be a competent
witness to a notarial will.
ARTICLE 39
PRODIGALITY – refers to a person who,
though of full age, was incapable of
managing his affairs and of the obligations
which attended them, in consequence of his
bad conduct and for whom a curator was
Article 39 enumerates other restrictions, like
family relations, alienage.
FAMILY RELATIONS - A man cannot marry
his mother, or sister, or even a first cousin
the fact that a man is the father of a family
creates an obligation to give support to his
family and to give his children their legitime
where no improper or unlawful motivation
such as the presence of a personal grudge
against the accused is shown, mere blood
or family relationship with the victim does
not render the dear and positive testimony
of witnesses less worthy of full faith and
credit.
ALIENAGE - An alien cannot generally
acquire private or public agricultural lands,
including those residential in nature, except
thru hereditary succession and this
prohibition extends to alien corporations
which cannot acquire ownership over said
lands, even for a limited period of time. An
alien cannot practice medicine or law, save
in exceptional instances. Nor can an alien
vote or be voted for a public office.
Moreover, he cannot engage in coastwise
shopping.
A Filipino woman married to a foreigner
and who acquires his citizenship cannot
acquire in the Philippines. And even if she
becomes a widow on or October 1936 still
before she can acquire said lands, she must
first repatriate herself, that is reacquire
Philippine citizenship.
An alien who gained entrance into the
country through misrepresentation may be
deported since he would be considered
undesirable. The courts will not interfere
with the Immigration Board's detention of a
proposed deportee unless the deportee has
been held for too long a period or the
government admits it cannot deport him or
he is being indefinitely imprisoned under the
pretense of awaiting a chance for
deportation.
Generally, proceedings for exclusion or
deportation and a criminal action against the
alien do not exclude each other, and may
therefore co-exist.
ABSEANCE – the fact that once has been
absent for several years and his
whereabouts cannot be determined, subject
his property to administration by order of the
court although his capacity to act is limited.
MARRIED WOMAN - A married woman, 21
years of age or over, is qualified for all acts
of civil life except in cases specified by law.
She may, for example, donate, mortgage, or
pledge her own paraphernal property
without marital consent. She may even
exercise a calling or protection. If the
married woman be under 21, she is
considered married minor, she therefore
cannot dispose of or encumber her own real
property without parental consent. If her
husband is the guardian, his consent is
needed.
According to the Code Commission,
"The fact that a woman is a wife modified
her capacity to dispose of the conjugal
property or to bring an action, through her
capacity to act is not limited in the sense
that a minor's capacity is limited."
ARTICLE 40-41
Principles:
1. For personality to be acquired one
must be born
2. Once birth occurs, personality for
favorable purposes retroacts to the
moment of conception
To be born means to be alive after the fetus
is completely separated from the mother’s
womb by cutting off the umbilical cord.
Exception: If the intra-uterine life is less than
7 months, it must live for at least 24 hours,
before it is considered born (There is no
distinction as to how the child dies –
whether natural, accidental, etc.)
CIVIL PERSONALITY of a child shall
commence from the time of his conception
for all purposes favorable to him, subject to
the requirements of Article 41 of the CC (PD
603 OWKN Child and Youth Welfare Code)
PROVISIONAL PERSONALITY OR
PRESUMPTIVE CIVIL PERSONALITY – an
unborn child or a fetus inside the maternal
womb is presumed to be in possession of
civil personality notwithstanding the fact that
he is yet to be born.
CONDITION SUBSEQUENT – the child
must be born later on.
FETUS OF INTRAUTERINE LIFE OF LESS
THAN 7 MONTHS – If a fetus has an
intrauterine life of less than 7 months, the
fetus in order to acquire civil personality,
upon birth complete delivery from the
maternal womb, the child must survive the
24 hour period. COMPLETE DELIVERY –
the umbilical cord has been cut, causing
independent existence from the mother.
If the child died after 10 hours, the
child has never acquired civil personality.
ROC Section 3. Disputable presumptions.
— The following presumptions are
satisfactory if uncontradicted, but may be
contradicted and overcome by other
evidence:
(jj) That except for purposes of succession,
when two persons perish in the same
calamity, such as wreck, battle, or
conflagration, and it is not shown who died
first, and there are no particular
circumstances from which it can be inferred,
the survivorship is determined from the
probabilities resulting from the strength and
the age of the sexes, according to the
following rules:
1. If both were under the age of fifteen
years, the older is deemed to have survived;
2. If both were above the age sixty, the
younger is deemed to have survived;
3. If one is under fifteen and the other above
sixty, the former is deemed to have
survived;
4. If both be over fifteen and under sixty,
and the sex be different, the male is
deemed to have survived, if the sex be the
same, the older;
5. If one be under fifteen or over sixty, and
the other between those ages, the latter is
deemed to have survived.
(kk) That 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, they shall be considered
to have died at the same time.
Burden of Proof: Whoever alleges the death
of one prior to the other shall prove the
same;
Absent such proof: Presumption is they all
died at the same time. There shall be no
transmission of successional rights.
Presumption of simultaneity of deaths -
When two or more persons who are called
to succeed each other, die, they shall be
presumed to have died at the same time.

JURIDICAL PERSONS OR ARTIFICIAL

BEINGS – they are persons created by
fiction of law, such as corporations,
partnerships and cooperatives.

STATE – It is a sovereign person with the

people composing it viewed as an
organized corporate society under a
government with the legal competence to
exact obedience of its command.

SUABILITY depends on the consent of the

state to be sued, liability on the applicable
law and established facts.

POLITICAL SUBDIVISION – are municipal

corporations and, in the Philippines,
consists of provinces, cities and
municipalities

CORPORATION – the general law

governing public corporation is B.P. 68
(CCP) as amended by Republic Act 11232
– allowed one person corporation
- it is an artificial being created by operation
of law, having the right to succession and
the powers, attributes, and properties
expressly authorized by law or incident to its
existence.

DISTINCT PERSONALITY AND

EXCEPTION – corporations, partnerships
and associations for private interest and
purpose may be granted by law a juridical
personality, separate