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Persons and Family Relations Source: Rabuya Annotations Page 1 of 4

CIVIL CODE NOTES | Arts. 37-47


Art. 38. Minority, insanity or imbecility, the state of being deaf-
BOOK I mute, prodigality, and civil interdiction, are mere restrictions on
PERSONS the 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.
TITLE I. CIVIL PERSONALITY
CHAPTER 1: Art. 39. The following circumstances, among others, modify or
GENERAL PROVISIONS limit the capacity to act: age, insanity, imbecility, the state of
being deaf mute, penalty, prodigality, family relations, alienage,
Art. 37. Juridical capacity, which is the fitness to be the subject of legal absence,
relations, insolvency
is inherent and trusteeship.
in every The consequences
natural person of
and is lost only
these circumstances
through death. Capacity to act, which is the power to do acts with legal effect, is acquired andare governed
may be lost. in this Code, in other codes,
the Rules of Court, and in special laws. Capacity to act is not
limited by religious belief or political opinion.
Concept of person and personality
Person: A married woman, twenty-one years of age or over, is qualified
- any being susceptible of rights and obligations for all acts of civil life, except in cases specified by law.
- every physical or moral real or juridical and legal being
susceptible of being the subject of legal relations
Personality:
- aptitude to be the subject, active or passive, of legal relations Restrictions and Modifications on Capacity to Act
A38: enumerates SOME of the restrictions on one's capacity to
Kinds of persons act; restrictions mean that the right exists and only that it cannot
Natural: physical persons; human beings; products of be exercised
procreation; exists in nature A39: enumerates circumstances which modify one's capacity to
Artificial: artificial beings; entities formed by association of act
men; products of legal fiction; exists only in law
* the said enumerations are not exclusive as the Rule 92, Rules
Juridical Capacity and Capacity to Act of Court provide for other limitations:
"INCOMPETENT"
Capacity: - civil interdiction
- implies personality (aptitude to be the subject of rights and - hospitalized lepers
obligations) - prodigals
- may be manifest in juridical capacity or in the capacity to act - deaf mutes WHO do not know how to read and write
- unsound mind, even though they may have lucid
intervals
JURIDICAL CAPACITY CAPACITY TO ACT - those who by reason of age, disease, weak mind, and
other similar causes, cannot, without outside
- aptitude of the subject for - aptitude for the exercise of aid, take care of themselves and manage
mere holding or enjoyment of such rights and to their property, becoming thereby easy prey for
rights consummate juridical acts deceit and exploitation
- the abstract possibility of
receiving legal effects Incapacity to act v. Special disqualifications
limitations/restrictions:
- "fitness to be the subject of - "power to do acts with legal
- e.g. A38, A39, CC
legal relations" (A40, CC) effect" (A40, CC)
- based on subjective circumstances of certain persons which
- static condition of the subject - dynamic condition of the compel the law to withhold or suspend for a certain time the
subject capacity to perform juridical acts
- merely restricts the EXERCISE of rights
- indivisible, irreducible, and - does not exist in all men nor disqualifications/prohibitions:
essentially the same for all does it exist to the same extent - based on reasons of morality
men - restricts the ENJOYMENT of rights itself

- it is enough that the person - requires intelligence and Liability of incapacitated persons
exists as it is an inherent and volition since these do not exist - A38, CC: incapacity does not exempt persons from certain
ineffaceable attribute in all men to the same extent obligations arising from his acts or from property relations, such
- the law denies capacity to act as easements
absolutely to some and limits it - A12, RPC: while an insane person or a child under 15 years of
with regard to others age is exempt from criminal liability, if there was fault or
negligence on their part a if none, then the civil liability shall
devolve upon the property of the insane or the minor
- lost only through death -may be lost through other
means or circumstances A. MINORITY
- cannot be limited or restricted - can be limited or restricted by Minority
certain circumstances - state of a person who is under the age of legal majority (18y/o)

Reviewer Author: Maritoni B. Molina


Persons and Family Relations Source: Rabuya Annotations Page 2 of 4
- majority commences at 18 y/o - PRESUMPTION: every person is of sound mind, in the
absence of proof to the contrary
Effect on contracts - the burden of proving such incapacity at the time of the
- A1327 (1), CC: minors cannot give consent to a contract execution rests upon he who alleges it; if no sufficient proof to
* NOTE: All minors are unemancipated. this effect is presented his capacity will be presumed
pre-RA 6809: emancipation of minors can take place
by marriage and recorded agreement C. DEAF-MUTISM
RA 6809 amendment to A234, FC: emancipation can
take place only by the attainment of majority - being a deaf-mute s not by itself a disqualification for giving
- A1390 (1), CC: A contract is VOIDABLE where one f the consent
parties is incapable of giving consent thereto - A1327 (2), CC: Only deaf-mutes WHO do not know how to
- A1403 (3), CC: where both parties are incapable of giving write are declared by law incapable of giving consent
consent to a contract the same is UNENFORCEABLE
D. CIVIL INTERDICTION
(illustration: pg. 107)
Civil interdiction
- A1407 (2), CC: If the ratification is made by the parents or - an accessory penalty imposed upon an accused who is
guardians of both the contracting parties, the contract shall be sentenced to a principal penalty not lower than reclusion
validated from the inception temporal
- 1391, CC: If the contract is voidable on the ground of minority, - produces the following effects during the time of the sentence:
an action for annulment of such contract must be commenced (1) deprivation of the rights of parental authority or
within a period of 4 YEARS counted from the time the guardianship
guardianship ceases (or when the minor reaches the age of (2) deprivation of marital authority
majority. (3) deprivation of right to manage his property
(4) deprivation of the right to dispose of his property
Effect of misrepresentation by minor by any act or any conveyance inter vivos
active misrepresentation:
- contract will be deemed VALID and the minor is prevented E. PRODIGALITY
from annulling the contract, upon reaching the age of majority,
on the ground of ESTOPPEL (Mercado v. Espiritu) - prodigality itself does not limit the capacity of a person to act
passive misrepresentation: - there is no particular provision which incapacitates him for any
- the minor can STILL BE ALLOWED to annul the contract upon particular act
attaining the age of majority, without prejudice to restitution in
case the minor is benefited by the contract (Braganza v. Villa- - capacity is ONLY RESTRICTED AFTER the declaration of
Abrille) incompetence; thereafter, he can only transact through a
guardian
* JUSTIFICATION for differentiation between passive and active
misrepresentation: minors have NO JURIDICAL DUTY to CHAPTER 2:
disclose their inability NATURAL PERSONS

B. INSANITY AND IMBECILITY


Art. 40. Birth determines personality; but the conceived child
imbecile:
shall be considered born for all purposes that are favorable to it
- person who, while advanced in age has the mental capacity of
provided it be born later with the conditions specified in the
that of a child between 2-7 years of age
following article.
insane person:
- one whose mental faculties are diseased
Art. 41. For civil purposes, the fetus is considered born if it is
Effect of insanity / imbecility
alive at the time it is completely delivered from the mother's
- A12(1), RPC: exempts from criminal liability imbeciles and
womb. However, if the fetus had an intra-uterine life of less than
insane persons who did not act during a lucid interval
7 months, it is not deemed born if it dies within 24 hours after its
complete delivery from the maternal womb.
- A1327 (2), CC: Insane or imbeciles cannot give their consent
to a contract
- A 798, CC: An insane person cannot make a valid will or What determines personality (A40, CC)
testament - the existence of personality on the part of natural persons
- A1390 (1),CC: Contracts entered into by an imbecile, insane or depends on whether he is born with the requisites (A41, CC)
demented person are VOIDABLE required by law

* NOTE: When is a person deemed "BORN" (A41, CC)


- Not every kind of insanity will annul consent a. if fetus had an intrauterine life of AT LEAST 7 MONTHS:
- it is only that insanity which prevents a person from knowing - it is considered born if it is alive at the time it is completely
the character of the act that he is performing as well as its legal delivered from the mother's womb (1st sentence)
effects which will be ground for annulment - "complete delivery": the cutting of the umbilical cord so that if
(e.g. monomania in Standard Oil) after the cutting of the umbilical cord, the child is alive, even
- mental capacity to enter into a contract is a question of fact only for a few hours, it is considered a person
therefore which must be decided by the courts b. if the fetus had an intrauterine life of LESS THAN 7
MONTHS:

Reviewer Author: Maritoni B. Molina


Persons and Family Relations Source: Rabuya Annotations Page 3 of 4
- it should be alive for more than 24 hours after its complete
if both be OVER 15 and if diff. sexes: MALE
delivery from the maternal womb (2nd sentence)
UNDER 60 if same sex: the OLDER
* NOTE: if one is UNDER 15 OR OVER the PERSON BET. THOSE
- a conceived child, though still inside the mother's womb, is 60 and the other is BETWEEN AGES is deemed to have
deemed born, hence, considered a person, but subject to the THOSE AGES survived
conditions:
(1) only for purposes that are favorable to it (A40, CC)
(2) it must be born alive later (A41, CC)
CHAPTER 3:
Provisional personality of the conceived child JURIDICAL PERSONS
- 2 characteristics of fetal personality:
(1) essentially limited (only for purposes favorable to it) Art. 44. The following are juridical persons:
(2) provisional or conditional (it has to be born alive later), such (1) The State and its political subdivisions;
that if it is not born alive, its personality disappears as if (2) Other corporations, institutions, and entities for public
it had never existed interest and purpose, created by law; their personality
- A41, however, is NOT A CONDITION PRECEDENT to the begins as soon as they have been constituted according to
right of the conceived child; for if it were, the first part of A40 law;
would become entirely useless; the right therefore is RATHER (3) Corporations, partnerships, and associations for private
SUBJECT TO FORFEITURE ONLY interest and purpose to which the law grants juridical
personality, separate and distinct from that of each
Rights of a conceived child examples: shareholder, partner, or member.
- right to support from its progenitors
- right to receive donations as prescribed by A742, CC
- right to testamentary succession Art. 45. Juridical persons mentioned in Nos. 1 and 2 of the
preceding article are governed by the laws creating or
recognizing them.
Art. 42. Civil personality is extinguished by death.
Private corporations are regulated by laws of general
The effect of death upon the rights and obligations of the application on the subject.
deceased is determined by law, by contract, and by will.
Partnerships and associations for private interest and purpose
are governed by the provisions of this Code concerning
Extinction of civil personality partnerships.
- juridical capacity or civil personality is NOT LIMITED; it is
acquired through birth and extinguished only through death
- in certain cases, however, the personality of a person may
be extended even beyond his death and in this case, his Art. 46. Juridical persons may acquire and possess property of
estate is considered an extension of his personality all kinds, as well as incur obligations and bring civil or criminal
- in this jurisdiction, the estate of the deceased is considered actions, in conformity with the laws and regulations of their
as having legal personality independent of the heirs organization.

Art. 43. If there is a doubt, as between two or more persons as


to which of them died first, the one alleging the death of one Art. 47. Upon the dissolution of corporations, institutions, and
prior to the other shall prove the same; In the absence of proof, other entities for public interest or purpose mentioned in ART.
it is presumed that they died at the same time and there shall be 44 (2), their property and other assets shall be disposed of in
no transmission of rights from one to the other. pursuance of law or other charter creating them. If nothing has
been specified at this point, the property and other assets shall
be applied to similar purposes for the benefit of the region,
Rule on survivorship province, city or municipality, which during the existence of the
a. A43: institution, derived the principal benefits from the same.
- applies only when the question of survivorship involves
persons who are called upon to succeed each other and is not
applicable where there is no question of succession Juridical persons
b. Rule 131, Sec. 3, RoC - artificial beings to which the law grants a personality
- applies if the question of survivorship involves persons who DISTINCT AND SEPARATE from each individual member
are not called upon to succeed each other composing it and susceptible of rights and obligations or of
being the subject of legal relations
- their personality begins from the moment the law recognizes
if both UNDER 15 the OLDER is deemed to have them or creates them unless the law provides otherwise and
survived such personality is extinguished only in accordance with the law
if both ABOVE 60 the YOUNGER is deemed to Corporations
have survived - a corporation is a juridical person
if one is UNDER 15 and the the YOUNGER one is deemed - it may acquire and possess property of all kinds, as well as
other is ABOVE 60 incur obligations and bring civil or criminal actions, in conformity
to have survived
with the laws and regulations of their organization

Reviewer Author: Maritoni B. Molina


Persons and Family Relations Source: Rabuya Annotations Page 4 of 4
- a corporation formed or organized under the Corporation Code
commences to have corporate existence and juridical
personality and is deemed incorporated from the date the SEC
issues a certificate of incorporation under its official seal

Partnership
- a contract of partnership is defined by law as one where:
(1) two or more persons bind themselves to contribute money,
property, or industry to a common fund,
(2) with the intention of dividing profits among themselves

- the agreement need not be formally reduced into writing since


the statute allows ORAL CONSTITUTION of the partnership,
save in two instances where a public instrument would be
required:
(1) when immovable property or real rights are contributed
(2) when the partnership has a capital of 3,000.00 or more

- the partnership has a juridical personality separate and distinct


from that of each of the partners even in case of failure to
comply with A1772(1), CC

Sole proprietorship
- DOES NOT POSSESS a juridical personality separate and
distinct from the personality of the owner of the enterprise
- recognized by law only as a form of business organization
conducted for profit by a single individual and requires its
proprietor or owner to secure licenses and permits, register its
business name, and pay taxes to the national government
- thus, it is not empowered to file or defend an action in court

Reviewer Author: Maritoni B. Molina

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