PERSONS & CIVIL PERSONALITY
CIVIL LAW REVIEW I 1st Semester, A.Y.
2022-2023
GENERAL PROVISIONS
PERSON
DEFINITION: A person is any being or entity
susceptible of rights and obligations or of
being the subject of legal relations.
CLASSES OF PERSONS. There are two (2)
classes of persons:
a. NATURAL PERSONS – human beings;
b. JURIDICAL PERSONS – entities formed
by association of human beings (such as
corporations or partnerships). They are
artificial and intangible entities which are
considered persons only by recognition of
law.
· A corporation, once it is registered with the
SEC, is a separate entity from the BOD or
shareholders.
· A partnership, once recognized and
registered under SEC, is a separate person
from the partners.
· So one can file civil cases against
corporations and partnerships because they
are juridical entities.
NB: ALL HUMAN BEINGS ARE PERSONS,
BUT NOT ALL PERSONS ARE HUMAN
BEINGS.
CAPACITY
• Capacity has two (2) aspects:
(a) JURIDICAL CAPACITY - which is the
fitness to be the subject of legal relations, is
inherent in every natural person and is lost
only through death (Art. 37, NCC).
The term is synonymous with “personality” or
“legal capacity”.
- PASSIVE CONDITION: The aptitude for
the holding and enjoyment of rights. It is
essentially the same for all persons.
(b) CAPACITY TO ACT - the power to do
acts with legal effect, is acquired and may be
lost. The term is often referred to as
"capacity".
- ACTIVE CONDITION: the aptitude for the
exercise of rights. It varies in degree from
person to person. *Some may have limited
capacity, while others may have full capacity.
(ex. Age of majority and minority)
- Capacity to act is presumed of every
person who has not been previously
declared incapable.
NB: The union of Juridical Capacity and
Capacity to Act forms FULL CIVIL
CAPACITY.
CAPACITY TO ACT
RESTRICTIONS OR LIMITATIONS ON
CAPACITY TO ACT
The following circumstances, among others,
modify or limit capacity to act. (Arts. 38 & 39,
NCC):
A. AGE (MINORITY) - the age of majority
commences at the age of 18 years (Art. 234,
FC, as amended by RA No. 6809) *6809
reduced the age of minority from 21 to 18
- A person 18 years old and above is
"qualified and responsible for all acts of civil
life, save the exceptions established by law."
*i.e. of exceptions established by law; you
can enter marriage in the age of 18 years old
however under the Family Code one of the
requirements before you can enter marriage
is parental consent until the age of 21
- A person below 18 years old is a minor and
has limited capacity to act. He cannot enter
into contracts (Art. 1327, NCC) or make a will
(Art. 797, NCC).
(b) INSANITY - means complete deprivation
of reason or intelligence or power to discern.
- An insane person cannot enter into
contracts (Art. 1327, NCC) or make a will
(Art. 798, NCC) *capacity to act is presumed
- Sanity is presumed of every person who
has not been previously declared to be
insane. Such presumption continues until the
contrary is proven, that is, until it is shown
that, at the moment of acting, was actually
insane or out of his mind. *if during lucid
interval that person entered into a contract
such is considered valid and the person is
bound by the contract but when the person is
insane or out of his mind at the moment of
signing and entering into the contract, it
means that the person is deprived of
understanding the consequences of the
contract
(c) IMBECILITY - mental deficiency. *same
effect of insanity; cannot enter into contract
nor make a will because he/she does not
understand the consequences as well as the
terms and conditions of the contract
(d) STATE OF BEING A DEAF-MUTE - a
deaf-mute is incapacitated to enter into
contracts if he does not know how to write.
(Art. 1327)
- A deaf-mute may make a will. The deaf-
mute testator must personally read the will, if
able to do so; otherwise, he shall designate
two persons to read it and communicate to
him the contents thereof (Art. 807, NCC) *If
only he does not know how to write, but if he
can read there is no restriction or limitation in
making a will
(e) PENALTY (CIVIL INTERDICTION) - Civil
interdiction is an accessory penalty imposed
on persons who are sentenced to a principal
penalty or reclusion perpetua or reclusion
temporal. It deprives the offender (during the
time of his sentence) of:
(1) Parental authority or guardianship; *while
you are jailed, you have no parental authority
or guardianship to your children
(2) Marital authority;
(3) The right to manage his property; and,
(4) The right to dispose of his property inter
vivos means during your lifetime. (Art. 134,
RPC) *If the sentence is finished (reclusion
perpetua and reclusion temporal has been
served) automatically your civil interdiction is
removed. Your capacity to act now is
restored after serving your sentence. This is
merely a restriction or limitation to your
capacity to act.
(f) PRODIGALITY - a disposition to spend,
waste, and lessen the estate to such an
extent as is likely to expose the family to want
of support or to deprive the forced heirs of
their undisposable part of the estate. *The
waste of money is exposing your family or
lack of support or spending including the
legitimes of the forced heirs. The legitimes
are reserved by law, for your heirs, and you
have been disposing it in maximum level.
That is prodigality
- Prodigality, by itself, does not restrict
capacity. But it can be a ground for putting a
person under guardianship, in which case
the ward can only enter into contracts or
dispose of his properties through his
guardians *or by virtue of an order of the
court. Prodigality as restriction.
(g) FAMILY RELATIONS
Examples:
Ascendants and descendants; Brothers and
sisters; collateral relatives within the fourth
civil degree cannot validly marry each other
by reasons of public policy.
Husband and wife cannot give donations to
each other under FC or sell property to each
other.
That is a restriction to the capacity to act.
(h) ALIENAGE
Example:
Aliens cannot own land in the Philippines that
is under the Constitution.
Aliens cannot own certain businesses like
mass media because it must be 100%
Filipino; or restricted to certain percentage of
ownership such as public utilities which must
be 60-40, etc.
(i) ABSENCE
The absence of a person may be a ground
for a judicial appointment of a representative.
So you disappeared and your whereabouts
are unknown and you left property without
leaving any agent or representative, the
court now may appoint a representative to
manage your property.
(j) INSOLVENCY
Under the insolvency law, a debtor who has
been found insolvent. (insolvent means
liabilities are greater than assets). You
cannot dispose of your property or receive
payments)
(k) TRUSTEESHIP
Comprises of three parties:
a. Trustor: owner of the property
b. Trustee: entrusted with said property. You
can enjoy that property however with the
condition that when the time comes or that
when the condition was complied with, you
need to give the property back to the
beneficiary. That is a limitation/ restriction to
your capacity to act.
c. Beneficiary:
RIGHTS AND OBLIGATIONS
• Restrictions on capacity to act do not
exempt the incapacitated person from
certain obligations as when the latter
arise from his acts or from property
relations, such as easements. (Art. 38,
NCC)
• Restrictions on capacity to act generally
affect obligations arising from contracts; as
a rule, they do not affect obligations arising
from other sources such as law, quasi-
contract, crime or quasi-delict.
• In the same way that incapacitated persons
may have obligations, they also have certain
rights which are not affected by their
incapacity, such as the right to inherit or
to support.
NO EFFECT ON CAPACITY TO ACT
- Capacity to act is NOT limited on
account of:
(a) Religious Belief (Art. 39, NCC); or,
(b) Political Opinion (Art. 39, NCC); or,
(c) Sex. Art. 39 provides that a married
woman is qualified for all acts of civil life,
except in cases specified by law.
GOVERNING LAW. The consequences of
these circumstances are governed in the
Civil Code, other codes, the Rules of Court,
and in special laws.
NATURAL PERSONS
CONCEPT
Natural Persons refer to human beings; they
are considered persons by nature (as
opposed to juridical persons which are
considered persons artificially)
START OF PERSONALITY
A. BIRTH DETERMINES PERSONALITY
(Art. 40, NCC)
- 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 Art. 41, NCC. *Birth is the
complete separation of the child from the
womb. Once the child is born, his civil
personality starts.
A conceived child, although as yet unborn, is
given by law a provisional personality of its
own for all purposes favorable to it. Thus -
(a) A conceived child may receive donations
(Art. 742, NCC);
(b)A conceived child may inherit or succeed
(Art. 1025, NCC), and his omission from a
will may lead to preterition (Art. 854); and,
(c) A conceived child is entitled to support.
NB: An aborted fetus is considered never
to have been born. It has no personality.
Thus, no cause of action can accrue to
the aborted fetus or derivatively, to its
parents.
*Illustration: Mother is riding a public utility
jeepney because of the negligence of the
driver, there was an accident and the fetus
was aborted. The mother filed a case for
damages for the death of the baby. The
Supreme Court said that there is no cause of
action that can accrue to the aborted fetus
because the aborted fetus is considered
never to have never born, it has no
personality. However, the mother may
recover damages for the injuries inflicted but
not for the death of the aborted fetus.
DETERMINATION OF BIRTH
QUESTION: What is birth for civil
purposes:
ANSWER: (Art. 41, NCC)
(a) If the fetus had an intra-uterine life of
seven months or more – it is considered
born if it is alive at the time it is completely
delivered from the mother's womb.
*Illustration: A conceived child may receive
donations because of the provisional
personality, provided that the child be born
later. Let us say that the child had an intra-
uterine life of seven months or more and it is
completely delivered and alive. The donation
then becomes enforceable.
(b) If the fetus had an intra-uterine life of
less than seven months – it is deemed born
if it survives for at least 24 hours after its
complete delivery from the maternal womb.
*Illustration: The donation becomes
enforceable here if the child is born and
survives for at least 24 hours after complete
delivery. If it dies within 24 hours, then he or
she is not considered born. The donation
here is not enforceable. The cause of death
is immaterial.
END OF PERSONALITY
· DEATH extinguished civil personality (Art.
42, NCC)
a. The effect of death upon the rights and
obligations of the deceased is determined by
law, by contract and by will.
*Examples:
Contract of agency is extinguished by the
death of principal or by agent
Partnership is dissolved by death of a partner
Usufruct is extinguished by the death of the
usufructuary or party thereof
- Criminal Liability is extinguished by the
death of the Offender.
- Civil Liability:
i. If the offender dies before a final judgment,
the civil liability arising from the crime is
extinguished.
ii. Civil liability from other sources of
obligation or based on independent civil
action survives.
b. Since juridical personality is lost through
death, a dead litigant cannot be served with
summons.
ORDER OF DEATH
FOR PURPOSES OF SUCCESSION
If there is doubt, as between two or more
persons who are called to succeed each
other, as to which of them died first, whoever
alleges the death of one prior to the other,
shall prove the same. (Art. 43, NCC)
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.
*Side note: In succession or for inheritance,
it is always downwards, for the descendant.
If there are no more descendants, upward
naman to the ascendants. Example, if a
father dies, his children will succeed. If the
child dies, then the children of the deceased,
mga apo. If no descendants, the ascendants
will succeed.
Another example, we do not know who died
between A, the father and B, the son, the
claimant now is C, the lolo. So if lolo can
prove that B died first, the properties of B will
go to A and because A also died, all
properties will go to C, the lolo.
FOR PURPOSES OTHER THAN
SUCCESSION
i. In case of death in a calamity - when two
persons perish in the same calamity, and it is
not shown who died first, and there are no
particular circumstances from which it can be
inferred, the survivorship is determined from
the probabilities resulting from the strength
and the ages of the sexes, according to the
following rules:
(a) If both were under the age of 15 years,
the older is deemed to have survived;
(b) If both were above the age of 60, the
younger is deemed to have survived;
(c) If one is under 15 and the other above 60,
the former is deemed to have survived;
(d) If both be over 15 and under 60, and the
sex be different, the male is deemed to have
survived; if the sex be the same, the older;
(e) If one be under 15 or over 60 and the
other between those ages, the latter is
deemed to have survived.
ii. In case of death under ordinary
circumstances - Apply Art. 43 by analogy.
JURIDICAL PERSONS
CONCEPT
Juridical persons are entities formed by
association of human beings (such as
corporations and partnerships). They are
artificial and intangible entities which are
considered persons only by recognition of
law.
*A typical example is a Corporation
because under the law, it is defined as an
artificial being created by operation of law,
having the right of succession and the
powers, attributes and properties expressly
authorized by law or incident to its existence
[Sec. 2, Corporation Code]
CLASSES OF JURIDICAL PERSONS
The following are juridical persons: (Art.
44 & 45, NCC)
(a) The State and its political subdivisions;
*Political subdivisions include local
government units: provinces, cities,
municipalities, barangays
(b) Other corporations, institutions, and
entities for public interest or purpose
created by law;
*Note that their personality begins as soon
as they have been constituted according to
law;
NB: Nos. 1 and 2 are governed by the laws
creating or recognizing them. Such laws are
usually referred to as “charters”.
EX. Baguio City Charter - this charter
governs the laws of this political subdivision.
(c) Corporations, partnerships and
associations for private interest or purpose
to which the law grants a juridical personality.
*Now their personality is separate and
distinct from that of each shareholder,
partner or member.
Art. 45, NCC
Private corporations are regulated by laws of
general application on the subject.
ie. Corporation Code
Partnerships and associations for private
interest or purpose are governed by the
provisions of the New Civil Code concerning
partnerships.
 ie. NCC Provisions on Partnerships
Piercing the veil of corporate fiction
While it is true that juridical persons,
particularly a corporation, has a separate
and distinct personality from that of each
shareholder, partner or member, we have
what is called piercing the veil of corporate
fiction which means that the separate and
distinct personality of a corporation is merely
a fiction created by law for convenience and
to promote justice. Now, when the notion of
separate juridical personality is used to
defeat public convenience, to justify a wrong,
to protect fraud, or to defend a crime, or used
as a device to defeat labor laws then this
separate and distinct personality may be
disregarded. You call it now piercing the veil
of corporate fiction. So, we go after the
shareholders, BOD, the partners, or the
members.
RIGHTS AND PROPERTIES
1. Juridical persons may: (a) acquire and
possess property of all kinds, (b) incur
obligations, and (c) bring civil or criminal
actions, in conformity with the laws and
regulations of their organization. (Art. 46,
NCC);
*Even a juridical person can bring a civil
action or a criminal action under their name
as plaintiffs or complainants. In a civil action,
a juridical person may be a defendant but in
criminal actions, only natural persons can
become accused.
2. Upon the dissolution of corporations,
institutions and other entities, their property
and assets are distributed as follows:
a. PUBLIC CORPORATIONS - their
property and assets shall be disposed of in
pursuance of law or the charter creating
them. (Art. 47, NCC)
*If nothing has been specified on this point,
then the property and other assets shall be
applied to similar purposes for the benefit of
the region, city, province, or municipality,
during which the existence of the institutions
derived the principal benefits from the sale.
b. PRIVATE CORPORATIONS - their
property are distributed to the stockholders
(after payment of debts) (Art. 44, par. 3,
NCC)
*Properties are distributed to stockholders
(corporations) or partners, but this is after
payment of debts or liabilities.
CITIZENSHIP & DOMICILE
Ma’am: As for citizenship, I will no longer
discuss this with you. It is under
Constitutional Law I.
WHAT IS DOMICILE?
A. For natural persons – For the exercise
of civil rights and the fulfillment of civil
obligations, the domicile of natural persons is
the place of their habitual residence. (Art. 50,
NCC)
B. For juridical persons - (i) The domicile is
that fixed by the law creating or recognizing
them; (ii) in the absence of a specific legal
provision, the domicile shall be the place
where their legal representation is
established or where they exercise their
primary functions. (Art. 51, NCC)
- For private corporations, the domicile (or
residence, for purposes of venue) is the
place of their principal office as indicated
in their Articles of Incorporation.
DISTINGUISHED FROM RESIDENCE
RESIDENCE DOMICILE
Limited to physical Physical presence
presence in a given coupled with an
place intention to stay
there (animo
manendi) or to
make it one's
domicile.
Used to indicate a Denotes a fixed
place of abode, permanent
 whether permanent residence to which unknown, and it is uncertain whether he is
or temporary when absent, one dead or alive.
has the intention of STAGES OF ABSENCE
returning (animo 1. PROVISIONAL ABSENCE - occurs as
revertendi)
soon as a person disappears from his
*The distinction is important for certain
domicile and his whereabouts are unknown,
purposes:
leaving no administrator of his property.
1. Venue of actions - what is determinative of
Court may appoint a representative as a
venue of actions is the actual residence of
provisional measure.
the parties and not their domicile.
2. DECLARED ABSENCE - judicially
2. Election law - the terms residence and
declared absence after two (2) years since
domicile are used synonymously. The
the last news was heard from him/her, or five
residence requirement for electoral
years if he left an administrator.
candidates is equivalent to domicile.
3. PRESUMPTIVE DEATH - the absentee is
Meaning, there must be personal presence
presumed dead after the lapse of the period
in a given place coupled with an intention to
which is provided by law and varies
remain and return there.
according to circumstances.
PRINCIPLES INVOLVING DOMICILE AND
PROVISIONAL ABSENCE
RESIDENCE
*provisional absence occurs as soon as a
a. A person must have a residence or
person disappears from his domicile and his
domicile somewhere;
whereabouts are unknown, leaving no
b. A person may have a residence in one
administrator of his property. So, in this
place and a domicile in another;
particular stage, the court now may appoint
c. A person can have only one domicile for
a representative as a provisional measure.
one and the same purpose at any time, but
APPOINTMENT OF REPRESENTATIVE
he may have several places of residence;
1. When a person disappears from his
d. A person's domicile, once established, is
domicile, his whereabouts being unknown,
considered to continue and will not be
and without leaving an agent to administer
deemed lost until a new one is established;
his property, the court may appoint a person
and,
to represent him in all that may be necessary.
e. To effect a change of domicile, a person
(Art. 381, NCC)
must prove a bona fide intention of
2. The Judge shall take the necessary
abandoning the former domicile and
measures to safeguard the rights and
establishing a new one and definite acts
interest of the absentee and shall specify the
which correspond with the purpose.
powers, obligations and remuneration of his
representative, regulating them, according to
ABSENCE
the circumstances, by the rules concerning
*Note: One of the limitations to your capacity
guardians.
to act is ABSENCE. Let me just elaborate or
discuss with you the legal effects, principles,
WHO MAY ASK FOR APPOINTMENT? The
or concepts of absence.
following may ask for the appointment of a
DEFINITION
representative, vis:
-Absence is a special legal status of one who
1. An interested party;
is not in his domicile, his whereabouts being
2. A relative, or,
3. A friend. (Art. 381, NCC)
PREFERENCE OF REPRESENTATIVE,
TRUSTEE OR ADMINISTRATOR
RULE: The spouse present shall be
preferred when there is no legal separation.
EXCEPTION: A competent person may be
appointed by the court if:
a. The absentee has no spouse; or,
b. Spouse present is incompetent to
administer the property of the absentee.
DECLARATION OF ABSENCE
The absence of a person may be declared by
the court under the following:
A. Under the Rules, the Petition should be
filed after the lapse of two (2) years from
his/her disappearance without any news
about the absentee or since the receipt of the
last news.
B. Five (5) years in case the absentee has
left a person in charge of the administration
of his/her property.
PUBLICATION REQUIREMENT
If the one filed is a Petition for Declaration of
absence and is granted by the court, the
same shall not take effect until six (6)
months after its publication in a newspaper
of general circulation designated by the court
and in the Official Gazette.
WHO MAY ASK FOR THE DECLARATION
OF ABSENCE?
Only the following can file a Petition for
Declaration of Absence:
(a) The spouse present;
(b) The heirs instituted in a will, who may
present authentic copy of the same;
(c) The relatives who would succeed by the
law of intestacy; and,
(d) Those who have over the property of the
absentee some right subordinated to the
condition of his/her death.
ADMINISTRATION OF THE PROPERTY
OF THE ABSENTEE
1. The administrator cannot alienate or
encumber the absentee's property, or that of
the latter's conjugal partnership, without
judicial authority.
2. In the appointment of an administrator, the
spouse present shall be preferred when
there is no legal separation.
TERMINATION
• The administration shall cease in any of
the following cases:
a. When the absentee appears personally or
by means of an agent;
b. When the death of the absentee is proved
and his testate or intestate heirs appear; or,
c. When a third person appears, showing by
a proper document that he has acquired the
absentee's property by purchase or other
title.
NB: In these cases, the administrator
shall cease in the performance of his
office, and the property shall be at the
disposal of those who may have a right
thereto, (Art. 389, NCC)
*Second, when the death of the absentee is
proved and his testate or intestate heirs
appear. So, wala na yung absentee, it
becomes now a testate or intestate
proceeding.
Third, when a third person appears, showing
by a proper document that he has acquired
the absentee’s property by purchase or other
title. There is a 3rd person or entity who
appears showing that the absentee has
previously sold the property which is the
subject of administration. Siya na yung may-
ari, definitely, it terminates the authority or
administration of property.
The last stage would be the presumption of
death. The absentee is presumed dead after
the lapse of the period provided under the
law and varies according to circumstances.
PRESUMPTION OF DEATH
UNDER ORDINARY CIRCUMSTANCES:
1. FOR ALL PURPOSES, EXCEPT FOR
THOSE OF SUCCESSION AND
REMARRIAGE - An absentee shall be
presumed dead after an absence of seven
(7) years, it being unknown whether or not
the absentee still lives. (Art. 390, NCC)
2. FOR PURPOSES OF OPENING
SUCCESSION - an absentee shall be
presumed dead after an absence of ten (10)
years, it being unknown whether or not the
absentee still lives.
3. FOR PURPOSE OF REMARRIAGE -
absentee spouse may be declared
presumptive dead if he/she has been absent
for four (4) years, and the spouse present
has a well-founded belief of the other's
death.
UNDER DANGEROUS CIRCUMSTANCES:
1. FOR ALL PURPOSES (INCLUDING
SUCCESSION), EXCEPT REMARRIAGE –
The following shall be presumed dead for all
purposes, including the division of the estate
among the heirs:
a. A person on board a vessel lost during a
sea voyage, or an aeroplane which is
missing, who has not been heard of for four
years since the loss of the vessel or
aeroplane;
b. A person in the armed forces who has
taken part in war, and has been missing for
four years; or,
c. A person who has been in danger of death
under other circumstances and his existence
has not been known for four years.
2. FOR THE PURPOSE OF REMARRIAGE
- absence of two (2) years under the
aforementioned circumstances is sufficient
for declaration of presumptive death.
REAPPEARANCE
• If the absentee appears, or without
appearing his existence is proved, he shall
recover his property in the condition in which
it may be found, and the price of any property
that may have been alienated or the property
acquired therewith; but he cannot claim
either fruits or rents.
(a) The action to recover property by the
absentee who reappears is imprescriptible;
(b) Alienations made before the
reappearance are valid; the absentee
recovers his property in the condition in
which it may be found"
*Let us say, naibenta na yung ibang property
niya before he reappears, the sale or
alienations are valid. What the law provides
is that the absentee may recover his property
“in the condition which it may be found”.
(c) In case the present spouse remarries, the
former spouse (absentee) who reappears
must file an affidavit of reappearance in the
civil registry to terminate the subsequent
marriage. (Art. 42, FC)