week 10 review itl

PERSON

any being, natural, or artificial, capable of possessing legal rights and obligations

Two kinds of persons

1. Natural Persons

2. Juridical Persons

Natural Persons

human beings created by God through the intervention of parents

Juridical Persons

those created by law.

not a natural person but an organization recognized by law as a fictitious person

Civil Personality

aptitude of being the subject, active or passive, of rights and obligations

Personality at Conception

Presumptive Personality

Personality

Capacity to have rights and obligations, beginning at conception (presumptive personality) and fully recognized at birth (actual personality). This capacity continues until death, at which point legal rights and duties end.

Status

person’s legal condition, whether personal or proprietary

Juridical Capacity

acquired upon the birth of a person. the fitness to be the subject of legal relations

How can we say that a person has juridical capacity

in most cases, even if a child is still unborn and merely inside the womb of the mother, such child is already given a provisional personality which entitles him to be supported or to receive donation

Capacity to act

not inherent in a person; it is attained or conferred, and, therefore, it can likewise be lost not only by death of the person but by any valid cause provided by law

how is juridical capacity lost?

through death

this can exist without capacity to act

juridical capacity

how is capacity to act lost?

through death and may be restricted by other causes

this can only exist with juridical capacity

capacity to act

Emancipation

act by which a person who was once under the authority of another is set free from that authority.

RA 6809

AN ACT LOWERING THE AGE OF MAJORITY FROM TWENTY-ONE TO EIGHTEEN YEARS, AMENDING FOR THE PURPOSE EXECUTIVE ORDER NUMBERED TWO HUNDRED NINE, AND FOR OTHER PURPOSES

Section 1. Article 234 of Executive Order No. 209 of the family code

Emancipation takes place by the attainment of majority. Unless otherwise provided, majority commences at the age of eighteen years

Section 3. Article 236 of Executive Order No. 209 of the family code

Emancipation shall terminate parental authority over the person and property of the child, who shall then be the qualified and responsible for all acts of civil life, save the exceptions established by existing law in special cases.

Contracting marriage shall require parental consent until the age of twenty-one

Nothing in this code shall be construed to derogate from the duty or responsibility of parents and guardians for children and wards below twenty-one years of age mentioned in the second and third paragraphs of Article 2180 of the Civil code

what determines personality

General rule: Birth determines personality (actual personality) (Art. 40).

Exception: The law considers the conceived child as born for all purposes favorable to it if born alive.

Therefore, the child has a presumptive personality, which has two characteristics:

1. Limited and

2. Provisional or conditional (Quimiguing vs. Icao, G.R. No. L-26795, July 31, 1970)

when is a fetus considered born

General Rule: For civil purposes, the fetus is considered born if it is alive at the time, it is completely delivered from the mother’s womb.

Exception: If the fetus had an intra-uterine life of less than 7 months, it is NOT deemed born if it dies within 24 hours after its complete delivery from the maternal womb (Article 41).

Death

the irreversible cessation of circulatory and respiratory functions or the irreversible cessation of all functions of the entire brain, including the brain stem.

effect of physical death is determined by

law, contract, will

juridical person

being of legal existence susceptible of rights and obligations, or of being the subject of juridical relations

kinds of juridical persons

public juridical persons

private juridical persons

public juridical persons

province, city, or the state itself

private juridical persons

private corporations, partnerships, and foundations

how do juridical persons come into existance

A private corporation begins to exist as a juridical person from the moment a certificate of incorporation is granted to it. The certificate is issued upon filing the articles of incorporation with the Securities and Exchange Commission. Hence, an association is considered a juridical person if the law grants it a personality separate and distinct from that of its members.

Juridical Person according to Article 44 of the Civil Code

State and its political subdivisions

Corporations for public interest - governed either by the Corporation Code or their special charters passed by the legislature. Personality begins as soon as they have been constituted according to law.

Corporations, partnerships and associations for private interest Corporations are governed by the Corporation Code. Their personality exists from the moment a certificate of incorporation is granted to it from the Securities and Exchange Commission (Sec. 19, Corporation Code)

When may the state or government corporations be sued?

The State's consent can be given either expressly or impliedly.

Express consent

given through a general or special law

Implied consent

is given when the State commences litigation, opening itself to a counterclaim, or when it enters a contract.

Article 46 of the Civil Code

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. (38a)

Rights of Juridical Persons

acquire and possess property of all kinds

incur obligations

bring civil or criminal actions