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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
hand, are applicable if the following 3. Partnerships and associations for private
requisites are present: first, there is no interest or purpose are governed by the
proof as to which of 2 persons died first; provisions of this Code concerning
second, they must have died during a partnerships.
calamity; and third, hey are not called to
succeed each other. Thus, if A nad B, NOTE: The estate of a deceased should be
father and son, died during a considered an artificial or juridical person for
conflagration, and there is no proof as to purposes of the settlement and distribution of his
whom of them died first, Art 43 of the CC estate which include the exercise during the
is certainly applicable. There shall judicial administration thereof of his rights and
therefore be no transmission of the fulfillment of obligations which survived after
successional rights from one to the other. his death (Limjoco v Intestate Estate of Pedro
However, if there is no relationship Fragrante , No L- 770 Apr 27, 1948)
between the 2 other than, let us say,
contractual. Such as when A, a wealthy Cessation of Civil Personality
bachelor of 40, merely insured his life for 1. If natural persons: by death (Art 42)
P1,000,000.00 with B, a young woman of • The effect of death upon the rights
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