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Article 40.

Birth determines personality; 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 the following
article. (29a)
Article 41.For civil purposes, the foetus is considered
born if it is alive at the time it is completely delivered
from the mother's womb. However, if the foetus had
an intra-uterine life of less than seven months, it is
not deemed born if it dies within twenty-four hours
after its complete delivery from the maternal womb.
(30a)
Geluz vs Court of Appeals
July 20, 1961
Justice JBL Reyes

Facts:

Nita Villanueva procured her abortion from Dr.
Antonio Geluz, first in 1948 and 1953. On her third
abortion on 1955, her husband, Oscar Lazo did not
know, or give his consent to the abortion

The Court of Appeals and trial court ordered in favor
of the Oscar Lazo, the award of damages (P3,000),
attorneys fee (P700) and cost of suit.

Petitioner filed the writ of certiorari to review the
decision
ISSUE:
NO: Whether the husband of a woman who
voluntarily procured her abortion could recover
damages from the physician who caused the same.
RATIO:
A minimum award for the death of a person does not
cover the case of an unborn foetus that is not
endowed with personality.
American Jurisprudence: generally held that recovery
cannot be had for the death of an unborn child.
Parents are entitled to collect damages, but damages
must be those inflicted directly upon them. (limited to
moral damages) but CA had not found any basis
evident from Lazos indifference to the previous
abortions, which indicates he was unconcerned with
the frustration of his parental hopes and affections.

DISPOSITION:
Decision of CA and CFI reverse
Fragrante was an applicant to the Public Service
commission for Certificate of Public Convenience for
an ice plant. He died. Commission overruled the
opposition and a certificate of Public Convenience
issed to the Interstate Estate, through its Special or
Judicial Administrator subjects to conditions
(citizenship and financial)
ISSUE:
NO. Petioners content that it was error of the
commission to allow the substitution of the legal
representative of the estate of Pedro O Fragrante for
the latter as party applicant.
RATIO:
The right of Fragrante to prosecute application to final
conclusion was one which its nature did not lapse
through his death, and constitutes a part of his assests
of his estate.
Ample precedents to show that the estate of a
deceased person is also considered as having legal
personality independent of the heirs.
Reason for the legal fictio (estate of a person
considered a person) is for the avoidance of
injustice or prejudice resulting from the impossibility
of exercising such legal rights and fulfilling such legal
obligations of the decedent as survived after his death
unless the fiction is indulged.

DISPOSITION:
Both the personality and citizenship of Pedro
Fragrante must be deemed extended, within the
meaning and intent of the Public Service Act.

Joaquin v Navarro
May 29. 1953
Tuazon, J
Facts from CA
Testimony of Francisco Lopez
Battle for the Liberation of Manila, Massacre of
Civilzian by Japanese troops in Feb 1945
Taking refuge at the German Club in Manila, which
was packed with other refugees. Shells were
exploding and building was set on fire. Japanese
started shooting. The girls died. Deciding to seek a
safer haven, Father and son decided to seek safer
haven. Mother refused to join.
Father, son, Adela Conde (sons wife), and Francisco
Lopez (former neighbour) dashed out. As they came
out, the son was shot in the head and immediately
dropped. Minutes later, the German club collapsed,
trapping people inside, presumably Angela Joaquin.
Trial Court found order of death
1. Navarro girls (PIlar, Conception, Natividad
2. Joaquin Navarro (son-30)
3. Angela Joaquin de Navarro (mother-67)
4. Joaquin Navarro, Sr (70)
CA: Mother dies before the son
CA opined as between the mother and son, the
evidence of survivorship is uncertain and insufficient
and that statutory presumption must be applied.
1. Total lack of evidence
2. Perishing in the same calamity- treats the
battle as a overall cause of death
Led to conclusion based on Rules of Court,
1. Survivorship is presumed from the
probabilities resulting from the strength and
age of the sexes.
2. The person who alleges must prove (prior
death to another), absence of proof the
presumption shall be that they died at the
same time
Court of Appeals found Order of death
1. Navarro Girls
2. Mother
3. Son
4. Father
ISSUE: Order of death? Affects right of Succession.
Ramon Joaquin- natural child of Angela
Joaquin and adopted child of the deceased
spouses
Antonio C. Navarro- son of Navarro Sr. by first
marriage
Ratio
SC: preceding testimony contains facts quite adequate
to solve the problem of survivorship and keep the
statutory presumption out of the case.
As the son came out of the club, he was shot and
immediately died, and must have been in 5 secs or
less. While the building which caused that death of
her mother was minutes after.
Evidence is purely documentatly and the authenticity
of which is not questioned and the only issue is the
contruction to be placed.
Issue is the correctness of the conclusion drawn, the
question is one of law which may be reviewed by the
supreme court.
DISPOSITION:
Distribution of the decedents estates should be made
in accordance with the decisions of the trial court.
Question of reserve troncal in the hypothetical
theory that mother died before her son.










Public service commission- Certificate of Public
Convenuiece for an Ice Plant to Pedro Fragante..
Fragrante Filipino citizen at the time of death and
that his intestate estate is finally capable of
maintaining the proposed service.
Commission overruled the opposition filed.