INTRO (CLM1) – MODULE 4: Persons 1

MODULE 4
PERSONS
WEEK 3 – 13 August 2018

PERSONS AND FAMILY RELATIONS

AS PART OF CIVIL LAW

❶ What is civil law? – Civil law refers to that body of laws that deal
with the status, rights and obligations, relationships of natural persons with
the State and with each other.

As such, it deals with such areas as legal personality, abuse of rights,

marriages, legal separation, nullity of marriage, filiation, property regimes
between spouses, support, adoption, succession, property, obligations and
contracts, special contracts and the like.

❷ The Civil Code. – The Civil Code of the Philippines governs the
relations between private parties from status, rights and duties to property
ownership, contractual relations and liability for torts. As such, it is basically
divided into several books – Persons and Family Relations, Property,
Succession, Obligations and Contracts, and Special Contracts. Note also
that a huge part of Book I was replaced by what is popularly known as the
Family Code.

❸ The Family Code. – The Family Code of the Philippines, or more

formally designated as Executive Order No. 209, Series of 1987, replaced
several provisions of the Civil Code as well as that of the Child and Youth
Welfare Code (P.D. 603).

These are provisions on marriage, legal separation, property relations,

the family home, paternity and filiation, adoption, parental authority, and
support among other things as contained in Titles III, IV, V, VI, VIII, IX, XI, and
XV of Book 1 of the Civil Code, as well as Articles 17, 18, 19, 27, 28, 29, 30,
31, 39, 40, 41, and 42 of the Child and Youth Welfare Code. (Art. 254, Family
Code.)

CONCEPT OF A PERSON

❶ ‘Person’ defined. – The technical, legal meaning of a person is any

being capable of possessing legal rights and duties.
INTRO (CLM1) – MODULE 4: Persons 2

❷ Two Classes of Persons. – The term “being” in the above definition

includes both human beings and legal creations. These form the two classes
of persons in the eyes of the law: (1) the natural or physical persons, whose
personality come to existence through the natural process of procreation, or
birth, and extinguished by death; and, the (2) artificial or juridical persons,
which are created by fiction of law.

NATURAL PERSONS

❶ Status defined. – The most important subject in the study of natural

persons is that of status. Status may be defined as the legal condition or
position of a person by virtue of which certain rights and duties arise. Briefly,
it is “the condition or class to which one belongs in society.”

❷ ‘Juridical capacity’ and ‘capacity to act’. –

⮲ Juridical capacity is defined as the fitness to be the subject of legal

relations. It is inherent and ever present in every natural person (individual),
and is lost only when he dies. (Article 37, NCC.)

⮲ Capacity to act denotes the power to do acts with legal effect. It is

acquired and may be lost. (Article 37, NCC.)

⮲ Full or complete civil capacity – The union of the two kinds of

capacity, i.e., when a person possesses both juridical capacity and capacity to
act.

⮲ Illustrative example: A one year old boy has juridical capacity, but
has no capacity to act. When he becomes 18, he will have full civil capacity.

CIRCUMSTANCES AFFECTING CIVIL PERSONALITY

❶ What determines personality?

⮲ It is birth that gives personality in the case of natural persons or

human beings. Hence, unless a being is born, he is not considered a person.
(Arts. 40, NCC.)

⮲ For civil purposes, however, the fetus, although not born yet but
already conceived in the mother’s womb, may be considered a person for all
purposes favorable to it, if he is subsequently born with the requisites

👓
required by law. (Arts. 40 & 41, NCC)
Geluz vs. CA, G.R. No. L-16439, July 20, 1961. – In this case, the
Supreme Court held that the grant of damages under Article 2206 for the
INTRO (CLM1) – MODULE 4: Persons 3

death of a person does not cover the case of an unborn fetus that is not
endowed with personality. The Court ratiocinated as follows:

“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 derivatively 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 on that lacked juridical personality (or juridical
capacity as distinguished from capacity to act). It is no answer to
invoke the provisional personality of a conceived child (conceptus pro
nato habetur) under Article 40 of the Civil Code, because that same
article expressly limits such provisional personality by imposing the
condition that the child should be subsequently born alive: “provided it
be born later with the condition specified in the following article.” In the
present case, there is no dispute that the child was dead when
separated from its mother’s womb.”

❷ Expound on the ‘provisional personality of a conceived child’.–

⮲ The provisional personality given by law to the fetus has two

characteristics:
(a) It is essentially limited, because it is only for purposes favorable to the
child; and
(b) It is provisional or conditional, because it depends upon the child being
born alive later. Hence, if the child is not born alive, its personality
disappears as if it had never existed.

👓 In Quimiguing vs. Icao, 34 SCRA 132 (1970), the Supreme Court

discussed that since a conceived child is given by law a provisional
personality of its own for all purposes favorable to it, the unborn child is
entitled to the following rights:
(a) It has a right to support from its progenitors.
(b) It may receive donations.
(c) It may not be ignored by the parent in his will.
(d) Its filiation may be recognized.

❸ When is a fetus considered born?

INTRO (CLM1) – MODULE 4: Persons 4

(a) For a fetus with an intra-uterine life of seven (7) months or more – The
fetus shall be considered born and having acquired juridical personality if it
is born alive upon complete delivery.

(b) For a fetus with an intra-uterine life of less than seven (7) months – The
fetus shall be considered born and having acquired juridical personality if it
does not die within 24 hours after its complete delivery from the mother’s
womb.

❹ What are some of the restrictions on one’s capacity to act? –

(A) Minority –

⮲ Pursuant to R.A. 6809, the age of majority in the Philippines has

been lowered from 21 to 18. Hence, a person below 18 years of age is
considered a minor, who is restricted or limited in his capacity to act.
⮲ Prior to R.A. 6809, emancipation of a minor can take place by
marriage or by a recorded agreement. After the amendment of Article 234 of
the Family Code by R.A. 6809, emancipation can take place ONLY by the
attainment of majority age.
⮲ A contract entered into by a minor, without the consent or assistance
of his legal guardian, is either voidable (if only one of the parties to the
contract is a minor) or unenforceable (if both parties to the contract are
minors). Said contract is NOT VOID.
⮲ If the contract is voidable on the ground of minority, an action for
annulment of such contract must be commenced by the minor within four (4)
years counted from the time the minor reaches the age of majority; otherwise,
his right to file the action for annulment will have prescribed.

(B) Insanity or Imbecility –

⮲ Insanity is a condition in which a person’s mind is sick.

⮲ Imbecility or feeble-mindedness is a condition in which a person
who, while advanced in age, has the mental capacity comparable to that of a
child between two and seven years of age.
⮲ Contracts entered into by an imbecile, insane or demented person
are voidable.
☞ Under Article 1328 of the Civil Code, if a contract is entered into
by an insane during a lucid interval, the contract is valid and not defective.
But the party who alleges that the contract was entered into by the insane
during a lucid interval has the burden to prove that fact in court.
INTRO (CLM1) – MODULE 4: Persons 5

⮲ It is always presumed that every person who contracts is of sound

mind. Therefore, he who alleges insanity must present sufficient evidence in
court to prove such fact of insanity.

(C) State of being a deaf-mute –

⮲ Under Article 1327(2) of the Civil Code, only deaf-mutes who do not
know how to write are incapable of giving consent.
⮲ Under Article 820 of the Civil Code, deaf-mutes cannot be witnesses
to a will.

(D) Prodigality –

⮲ Prodigality is the state of squandering money or property with a

morbid desire to prejudice the heirs of a person.
⮲ There is no specific provision which incapacitates a prodigal for any
particular act. But he may be placed under guardianship as an incompetent
under the provisions of Rule 93, Section 2 of the Rules of Court. The moment
he is under guardianship, his capacity to act then becomes restricted,
because he can only bind himself in a contract through his guardian.

(E) Civil interdiction –

⮲ The penalty of civil interdiction is given to a criminal who is

sentenced by the court to imprisonment not lower than 12 years and 1 day.
⮲ By civil interdiction, a person is deprived by the court of his right:
(1) To have parental or marital authority.
(2) To be the guardian of the person and property of a ward.
(3) To dispose of his property by an act inter vivos. (He cannot donate, for
this is an act inter vivos; but he can make a will, for this is a disposition
mortis cause.)
(4) To manage his own property.

❸ What are the effects in general of the restrictions under Article 38?
⮲ These restrictions do not extinguish or take away capacity to act, but
merely restrict or limit the same. Thus, an insane person’s contract is merely
voidable, NOT void.
⮲ The incapacitated person is not exempt from certain obligations
arising from his acts. Thus, while an insane who commits a crime is exempt
from criminal liability, his property may still be held liable to answer for his civil
liability.
INTRO (CLM1) – MODULE 4: Persons 6

JURIDICAL PERSONS

❶ Juridical persons are artificial beings to which the law grants a

personality distinct and separate from each individual member composing it,
and susceptible of rights and obligations, or of being the subject of legal
relations.

❷ Their personality begins from the time the law recognizes them or
creates them unless the law provides otherwise, and such personality is
extinguished only in accordance with law.

❸ There are two kinds of juridical persons:

(a) Public juridical persons (Article 44[1] & [2], NCC).

⮚ The state itself, i.e., The Republic of the Philippines
⮚ The state’s political subdivisions, e.g. provinces, cities, municipalities
⮚ Government Owned or Controlled Corporations, e.g., GSIS, SSS,
Philhealth

(b) Private juridical persons (Article 44[3], NCC).

⮚ Private Corporations
⮚ Partnerships
⮚ Cooperatives
⮚ Home Associations
⮚ Sole Proprietorship
HAPPY READING & LEARNING! 

* * * END * * *

SOURCES of NOTES:

The discussions outlined in this module have been

collectively lifted from the cases cited and commentaries
made by the authors in the references cited below:

1. David Robert C. Aquino. Introduction to Law (Quezon City: Central

Book Supply, Inc., 2017).
INTRO (CLM1) – MODULE 4: Persons 7

2. Virgilio P. Alconera. Law, Persons and Family Relations (Quezon City:

Central Book Supply, Inc., 2010).
3. Melquiades J. Gamboa. An Introduction to Philippine Law (Quezon
City: Central Lawbook Publishing Co., Inc., 1969).
4. Edgardo L. Paras. Civil Code of the Philippines, Vol. I (Manila: Rex
Book Store, Inc., 2002).
5. Rolando A. Suarez. Introduction to Law (Manila: Rex Book Store,
Inc., 2017).

“So many of our dreams at first seem impossible, then they seem improbable,
and then when we summon the will, they soon become inevitable.”
Christopher Reeve