Art.

37: Juridical capacity, which is the fitness to be the subject of legal relations, is inherent in
every natural person and is lost only through death. Capacity to act, which is the power to do acts with
legal effect, is acquired and may be lost.
Kinds of capacity (union of the two= full civil capacity)
1.
a.
2.
a.

Juridical capacity- legal capacity/personality. Holding and enjoyment of rights.

Fitness of man to be the subject of legal relations
Capacity to act- The aptitude for the exercise of rights
Requires both intelligence and will
*Judicial capacity can exist without the capacity to act, but the existence of the latter implies that of the
former
*Capacity of incapacity depends upon the law.
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

o
o

Existence of personality of natural persons depends upon birth

Birth- means the removal of the foetus from the mothers womb
The law considers the conceived child as born for all purposes favorable to it
Because of the expectancy that it may be born law protects it and reserves its rights
If it is not born alive- its personality disappears as if it had never existed
Science has not determined exact moment when conception begins
Rights of conceived child
Since the conceived child is already considered as born for purposes favorable to it, it can acquire and
enjoy rights while it is in the mother womb
o
Can be given donations, inherit
o
An unborn child is entitled even to support from his father, who may be compelled to give it if the mother
cannot
Art. 41. _For civil purposes, the fetus is considered born if it is alive at the time it is completely
delivered from the mothers womb. However, if the fetus had an intra-uterine life of less than seven months, it
is not deemed born if it dies within 24 hours after its complete delivered from the maternal womb.
Separation from mother- cutting of the umbilical cord
Alive at birth- law requires is that the child be alive at the time of complete separation from the mothers
womb
Duration of extra-uterine life is immaterial; for acquisition of juridical personality, it is enough that the
child lives even for an instant
There is no special sigh of life, and proof might need expert medical evidence
o
Must be shown that child had independent life- not a mere continuation of its intra-uterine life
The code requires that child should live at least 24 hours after complete separation from mothers womb
o
If it does not life 24 hours completely separated from the mothers womb, it does not acquire juridical
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personality
Damages for death of foetus: Mother allowed to recover moral damages for death of a foetus caused by
transportation accident

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

Natural death- This article refers to natural or physical death. Civil death is not considered
Civil death- man who was alive considered dead bec of conviction of crime or taking of religious
profession

Effect on rights: Upon death, the subject of legal relations disappears. Some rights and obligations are
completely extinguished
o
Others are transmitted to his successors

Estate continues personality- The state becomes vested and charged with his rights and obligations which
survive after his demise

Corpse not a person- it cannot be the subject of rights, because juridical capacity is extinguished by death

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 non transmission of
rights from one to another

o
o
o
o
o

Application of article: Only applies when question of survivorship involves persons who are called to
succeed each other
Cannot involve cases which do not involve succession
If both have been absent for over 10 years, they are presumed to be dead for the purpose of succession\
Presumption in rules of court: 2 or more perish in the same calamity and not shown who died first
If both were under age of 15, the older is presumed to have survived
If both were above the age of 60, younger is presumed to have survived
If one is under 15 and the other above 60, the former is presumed to have survived
If both be over 15 and under 60-> male is presumed to have survive. If sexes are the same, then older
survives
If one under 15 or over 60 and other between those ages, the latter presumed to survive
Art 44. The following are juridical persons:

1.
2.

The state and its political subdivisions

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 aw
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

o
o
o

o
o

o
o
o

Concept of juridical persons- Abstract being, formed for the realization of collective purpose
The state must recognize in it a separate personality, distinct from those managing it
Kinds of juridical persons
State and its political subdivisions provinces, cities, municipalites
Juridical persons for public interest or purpose
Juridical persons for private interest or purpose
Corporation- artificial being created by operation of law.
Has the right of succession
Term persons in the constitution includes corporations
Roman catholic church- juridical person in the Philippines
Private corporation
Constituted 5 or more persons but not exceeding 15
Majority are residents of the Philippines
Filing in SEC articles of incorporation
Corporations may be public or private
Public- organized for the government of a potion of the state
General good and welfare
Just bec a state is a stockholder- does not make it a public corporation
Private corporations- some private purpose, benefit, aim
Stock have capital stock divided into shares
Non-stock
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.
1. Corporations created by special charter- governed by special charter
2. Those created under general law- governed by corporation law
3. Private partnerships and associations- civil code about partnerships and contracts of association
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.

1.
2.
3.
4.
a.

Juridical person is not completely at par with natural persons- it cannot exercise rights which presuppose
physical existence (Family rights, wills)
It CAN have nationality, domicile, name, right to reputation.
CAN own and possess property, enter into contracts, inherit by will
A corporation may be dissolved
By an act of the legislative repealing or withdrawing its charter
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b.
c.
d.

Expiration of the time limited for the continuance of its corporate existence (cannot exceed 50 years)
By the happening of some contingency prescribed in its charter or by statute
Failure or loss of the members, in case of non stock corporations the acquisition of all the stock by a
single stockholder does not dissolve a stock corporation
e.
By voluntary surrender of its chater by stockholders
f.
Judgment of dissolution or forfeiture ..etc
5.
On dissolution of partnerships without violation of agreement (185)
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.

Rule 131, Section 3 (jj) rules of court

(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.

PD 603, ART 5
Article 5. Commencement of Civil Personality. - The civil personality of the child shall commence from
the time of his conception, for all purposes favorable to him, subject to the requirements of Article 41 of the Civil
Code.
Article 6. Rights may be waived, unless the waiver is contrary to law, public order, public policy,
4

morals, or good customs, or prejudicial to a third person with a right recognized by law.
Article 38. Minority, insanity or imbecility, the state of being a deaf-mute, prodigality and civil
interdiction are mere restrictions on capacity to act, and do not exempt the incapacitated person from
certain obligations, as when the latter arise from his acts or from property relations, such as easements.
1.
2.
a.
i.
b.

These are not the only causes of incapacity- alienage, absence, insolvency and trusteeship (family
relations, rules of court)
Age of majority commences upon attainment of 18 years
Person below such age has a limited capacity to act
Cannot enter into contracts but he may be estopped from disavowing his contract if he misled the other
party
Insanity 160

Article 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, alienage, absence,
insolvency and trusteeship. The consequences of these circumstances are governed in this Code, other
codes, the Rules of Court, and in special laws. Capacity to act is not limited on account of religious belief or
political opinion.
A married woman, twenty-one years of age or over, is qualified for all acts of civil life, except in
cases specified by law.