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Proximate cause is "that which, in natural and continuous sequence, unbroken by any new cause,

produces an event, and without which the event would not have occurred/ legal cause of the injury/
actual cause

immediate cause - that which that directly caused the event

contributory neg. - negligent act of the plaintiff

responsibility v liability - Responsibility is an obligation you have to do something. Liability means that
you're subject to repercussion if your duties are not finished.

natural v juridical

I. 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.

Art. 41. For civil purposes, the foetus is considered born if it is alive at the time it is completely delivered
from the mother’s womb. However, 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.

• 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.

II. 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.

• This enumerates the juridical persons.

• A juridical person is an organic unit resulting from a group of persons or mass or property to which the
state grants or recognizes personality and capacity to hold patrimonial rights independent of those of
component members

• The juridical personality of political subdivisions and public corporations (i.e., GSIS, SSS) commences
when the law creating them becomes effective.

• The juridical personality of a private corporation commences upon incorporation with the SEC.

• The juridical personality of a partnership commences upon the meeting of the minds of the parties.

• Although the Catholic Church is not one of those mentioned in Article 44, it is still considered as a
juridical person in Barlin vs. Ramirez because of tradition.

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.

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