Persons and Family Relations

Colegio dela Purisima Concepcion

School of Law, Juris Doctor I
Atty. Jomar Alyzar A. Betita

BOOK I. PERSONS

Title I. Civil Personality (Art. 37 to 51)

Chapter 1. General Provisions

Person
Natural
Juridical

Art. 37. Kinds of Capacity

 Juridical capacity – fitness to be the subject of legal relations
 Capacity to act – power to do acts with legal effect

 Difference

Juridical Capacity Capacity to Act

Passive Active
Inherent Merely acquired

Lost through death Lost through death and other causes

Can exist w/o capacity to act Always wife juridical capacity

 A person is presumed to have the capacity to act.

Art. 38. Restrictions on CAPACITY TO ACT

- Minority (What is the legal age in RP)
- Insanity or imbecility
- State of being a deaf-mute
- Prodigality
- Civil interdiction

Art. 39. Modify or Limit capacity to act

Example: Family Relations
Alienage
Absence

How is it different to Art. 38?

Chapter 2. Natural Persons

Art. 40 and 41.

 Personality
 Birth determines personality
 BUT a conceived child shall be considered born for all purposes favorable to
it provided it be born later under the following conditions:

◦ If it is alive at the time it is completely delivered from the mother’s

womb

◦ BUT if it had an inter-uterine life of less than 7 months, if it lives for at

least 24 hours after its complete delivery from the maternal womb

Art. 42 and 43
Civil personality extinguished by death
What is Death?

Doubts as to Order of Death

 As between 2 or more persons called to succeed each other, if there is doubt as
to which of them died first, whoever alleges the death of 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 no transmission of rights from one to the other.
 This rule applies only to cases involving succession.

Rule 131, Sec. 5 (jj) of the Rules of Court not applicable.

Chapter 2. Juridical Persons

Art. 44. Juridical Persons

 The state and its political subdivisions
 Other corporations, institutions and entities for public interest or purpose,
created by law
 Corporations, partnerships and associations for private interest or purpose

Art. 46. Rights of Juridical Persons

- To acquire and possess property

- To incur obligations
- To bring civil or criminal actions

Title II. Citizenship and Domicile (Art. 48 to 51)

Art. 48 and 49 Citizenship

Art. 50. Domicile is the habitual residence.

Domicile of Origin
Constructive Domicile
Domicile of Choice

“One Domicile principle”

New Domicile of Choice

 Residence or bodily presence
 Intention remain there (animus manendi); and
 Intention to abandon the old (animus non-revertendi).

Residence v. Domicile.