 CONCEPT OF A PERSON

In Roman law, a person is one who is

capable to exercise ownership and legal rights
and to incur and contract obligations. Under
this concept, a slave is not considered a person
he being merely regarded then as a chattel, a
thing that can be sold or disposed of at the
discretion of the master. Hence, a slave does
not have the legal capacity to exercise
ownership and to incur and contract
obligations.
 The old and the new Constitutions of the
Philippines, on the other hand, guarantee equal
protection of the laws and this means that no
persons or class of person, whether rich or poor
and regardless of his religious belief and
political persuasion, shall be denied the same
protection of the laws which is enjoyed by
other persons or other classes of persons in the
same place and in like circumstances. Special
favor or privilege for any individual or class is
prohibited. (Sec.1, Art.III, 1987 Constitution)
 Under the New Civil Code, a person may
be a natural or a juridical person. A natural
person refers to a human being and a juridical
person refers to any of the following:
1. The state and its political subdivision;
2.Other corporations, institutions and
entities for public interest or purposes, created
by 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. (Art.44, NCC)
*CAPACITY
In Roman law, legal capacity is referred
to as full proprietary capacity. To have this
kind of capacity, a human being must be free, a
citizen and a sui juris. The capacity already
acquired and being enjoyed may be lost or
diminished. The degree of diminution may
either be MAXIMA or MEDIA or MINIMA.
 Under the New Civil Code, a person has
full or complete civil capacity if he has juridical
capacity and capacity to act. Juridical capacity
is the fitness to be the subject of legal relations.
Capacity to act is the power to do acts with
legal effect.
Article 37 of the New Civil Code provides
as follows:
“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.
Capacity to act, which is the power to do acts with
legal effect is acquired and may be lost.”
 Capacity to act, unlike juridical capacity,
may be restricted or limited. The restrictions are
those mentioned in Article 38 of the NCC, to
wit:
CODE: MISPC
M – Minority
I - Insanity
S - State of being deaf-mute
P - Prodigality
C - Civil Interdiction
 Civil interdiction shall deprive the
offender during the time of his sentences of the
rights of parental authority, or guardianship,
either as to the person or property of any ward,
or marital authority, of the rights to manage his
property and of the right to dispose of such
property by any act or any conveyance inter
vivos. (Art.34, RPC)
 Article 38 of the New Civil Code speaks
of restrictions on capacity to act, while Article
39 speaks of circumstances which modify or
limit capacity to act. Said articles povide as
follows:
“Art.38. Minority, insanity, or imbecility, the
state of being deaf-mute, prodigality and civil
interdiction are mere restrictions on capacity to act,
and do not exempt the incapacitated person from
certain obligations, as when the latter arise from his
acts or from property relations, such as easement.”
 Art.39. The following circumstances, among
others, modify or limit capacity to act: age, insanity,
and imbecility, the state of being deaf-mute, penalty,
prodigality, family relations, alienage, absence,
insolvency and trusteeship. The consequences of
these circumstances are governed in this Code, other
codes, the Rules of Court, and in special laws.
Capacity to act is not limited on account of religious
belief or political opinion.”
 “A married woman, twenty-one years of age
or over, is qualified for all acts of civil life, except in
cases specified by law.”

WHEN DOES THE PERSONALITY OF A

NATURAL PERSON BEGIN?
Personality of a natural person begins at
conception (not at birth) provided that birth
should occur later. This is on the basis of
Article 40 of the NCC which provides as
follows:
 “Art.40. Birth determines personality but the
conceived child shall be considered born for all
purposes that are favorable to it, provided that it be
born later with the conditions specified in the
following article.”

WHEN DOES THE PERSONALITY OF A

PRIVATE CORPORATION (PRIVATE
JURIDICAL PERSON) BEGIN? It begins
from the moment a certificate of incorporation
is granted to it by the Securities and Exchange
Commission. From this moment, it has a
personality separate and distinct from its
stockholders.
 WHEN IS A FETUS CONSIDERED
BORN?
Article 41 answers the question. It
says: “For civil purposes, the fetus is considered
born if it is alive at the time it is completely
delivered from the mother’s womb. However, if the
fetus had an intra-uterine life of less than seven
months, it is not deemed born if it dies within
twenty-four hours after his complete delivery from
the maternal womb.”
 Under Articles 40 and 41 therefore, a
conceived child can be a recipient of a donation
provided it is favorable to him. This means that
if the donation is burdensome to the conceived
child, the donation is not considered valid.
Note:
1. If the fetus had an intra-uterine life of less
than seven months, the child must have lived
within twenty-four (24) hours after its complete
delivery from its maternal womb.
2. If the fetus had an intra-uterine life of at
least seven (7) months, it is considered born if
it is alive after its complete delivery from the
mother’s womb.

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