Topic 6.

I. Natural Persons
A. One acquires civil personality upon birth as mentioned under Article 40 of the
New Civil Code.
B. A conceived child is deemed to have civil personality once birth occurs, for
favorable purposes, retroacts from the moment of conception.
C. The rights of a conceived child are
D. Civil Personality is extinguished upon death of a person as mentioned under
Article 42 of the Civil Code.
E. The effect of death on one’s civil personality extinguishes it but a dead person
continues to have personality only through contract, will, or as determined by law.
F. Under the Rules of Court on the presumption of survivorship, the same applies
whenever the parties who died are not called upon to succeed each other.
Otherwise Article 43 of the Civil Code Applies.
II. Juridical Persons
A. Under Article 44 of the Civil Code 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; and
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.
B. Under Article 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.
Cases:
Geluz vs. CA
Ruling: he Supreme Court believed that the minimum award fixed at P3,000 for the
death of a person does not cover cases of an unborn fetus that is not endowed with
personality which trial court and Court of Appeals predicated.
Since an action for pecuniary damages on account of personal injury or death pertains
primarily to the one injured, it is easy to see that if no action for such damages could be
instituted on behalf of the unborn child on account of the injuries it received, no such
right of action could deliberately accrue to its parents or heirs. In fact, even if a cause of
action did accrue on behalf of the unborn child, the same was extinguished by its pre-
natal death, since no transmission to anyone can take place from one that lacked of
juridical personality under Article 40 of the Civil Code, which expressly limits such
provisional personality by imposing the condition that the child should be subsequently
alive.

Both trial court and CA wasn’t able to find any basis for an award of moral damages
evidently because Oscar’s indifference to the previous abortions of Nita clearly indicates
he was unconcerned with the frustration of his parental affections. Instead of filing an
administrative or criminal case against Geluz, he turned his wife’s indiscretion to
personal profit and filed a civil action for damages of which not only he but, including his
wife would be the beneficiaries. It shows that he’s after obtaining a large money
payment since he sued Geluz for P50,000 damages and P3,000 attorney’s fees that
serves as indemnity claim, which under the circumstances was clearly exaggerated.
Quimiguing vs. ICAO
Ruling: The Court ruled that plaintiff-appellant had right to support of the child she was
carrying and an independent cause of action for damages.
This is because the Civil Code (Art. 40) recognizes the provisional personality of the
unborn child, which includes its right to support from its progenitors, even it is only “en
ventre de sa mere.” Article 742 of the same Code holds that, just as a conceived child, it
may receive donations through persons that legally represent it. Readings of Articles 40,
854 of the Civil Code and Article 29 of the Spanish Code also further strengthen the
case for reversal of order.
Additionally, “for a married man to force a woman not his wife to yield to his lust xxx
constitutes a clear violation of the rights of his victim that entitles her to claim
compensation for damage caused” per Article 21 of the Civil Code, a provision
supported by Article 2219, which provides moral damages for victims of seduction,
abduction, rape or other lascivious acts.
De Jesus vs. Syquia
Ruling: The letter written by Syquia to the Rev Fr serves as an admission of paternity
and the other letters are sufficient to connect the admission with the child carried by
Antonia. P50.00 to ismael Loanco. The SC held that they agree with the trial court in
refusing to provide damages for breach of promise to marry since this has no standing
in court.
Continental Steel vs. Montano
Ruling: Hortillano is entitled to bereavement benefits.
The Court emphasize that bereavement leave and other death benefits are granted to
an employee to give aid to, and if possible, lessen the grief of, the said employee and
his family who suffered the loss of a loved one. It cannot be said that the parents’ grief
and sense of loss arising from the death of their unborn child, who, in this case, had a
gestational life of 38-39 weeks but died during delivery, is any less than that of parents
whose child was born alive but died subsequently.
The court also emphasized that life is not synonymous with civil personality. One need
not acquire civil personality first before he/she could die. Even a child inside the womb
already has life. No less than the Constitution recognizes the life of the unborn from
conception, that the State must protect equally with the life of the mother. If the unborn
already has life, then the cessation thereof even prior to the child being delivered,
qualifies as death.

Dumlao vs. QPPI

Ruling: The CFI of Pangasinan's judgement against Oria is void for lack of jurisdiction
over his person. He was not, and he could not have been, validly served with summons.
His juridical capacity, which is the fitness to be the subject of legal relations, was lost
through death (Article 37 and 42, Civil Code). Consequently, the execution sale of Oria's
land is also void.