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Juridical capacity 2.

Ricky donated P 1 Million to the unborn


child of his pregnant girlfriend, which she
1. At age 18, Marian found out that she
accepted. After six (6) months of
was pregnant. She insured her own life
pregnancy, the fetus was born and
and named her unborn child as her sole
baptized as Angela. However, Angela died
beneficiary. When she was already due to
20 hours after birth. Ricky sought to
give birth, she and her boyfriend Pietro,
recover the P 1 Million. Is Ricky entitled to
the father of her unboarn child, were
recover? Explain. (5%)
kidnapped in a resort in Bataan where
they were vacationing. The military gave SUGGESTED ANSWER: Yes, Ricky is
chase and after one week, they were entitled to recover the P1,000,000.00. The
found in an abandoned hut in Cavite. NCC considers a fetus a person for
Marian and Pietro were hacked with bolos. purposes favorable to it provided it is born
Marian and the baby delivered were both later in accordance with the provision of
found dead, with the baby's umbilical cord the NCC. While the donation is favorable
already cut. Pietro survived. (A). Can
to the fetus, the donation did not take
Marian's baby be the beneficiary of the
effect because the fetus was not born in
insurance taken on the life of the mother?
(2%) accordance with the NCC.

SUGGESTED ANSWER: Yes, the baby can To be considered born, the fetus that had
be the beneficiary of the life insurance of an intrauterine life of less than seven (7)
Marian. Art. 40 NCC provides that "birth months should live for 24 hours from its
determines personality; but the conceived complete delivery from the mothers
child shall be considered born for all womb. Since Angela had an intrauterine
life of less than seven (7) months but did
purposes that are favorable to it, provided
not live for 24 hours, she was not
that it be born later with the conditions
considered born and, therefore, did not
specified in Art. 41. Article 41 states that become a person. Not being a person, she
"for civil purposes, the fetus shall be has no juridical capacity to be a donee,
considered born if it is alive at the time it hence, the donation to her did not take
is completely delivered from the mother's effect. The donation not being effective,
womb. However, if the fetus had an intra- the amount donated may be recovered. To
uterine life of less than seven months, it is retain it will be unjust enrichment.
not deemed born if it dies within twenty-
four (24) hours after its complete delivery
from the maternal womb. The act of Legal Capacity
naming the unborn child as sole 3. Roberta, a Filipino, 17 years of age,
beneficiary in the insurance is favorable to without the knowledge of his parents, can
the conceived child and therefore the acquire a house in Australia because
fetus acquires presumptive or provisional Australian Laws allow aliens to acquire
personality. However, said presumptive property from the age of 16.
personality only becomes conclusive if the SUGGESTED ANSWER: TRUE. Since
child is born alive. The child need not Australian Law allows alien to acquire
survive for twenty-four (24) hours as property from the age of 16, Roberta may
required under Art. 41 of the Code validly own a house in Australia, following
because "Marian was already due to give the principle of lex rei sitae enshrined in
birth," indicating that the child was more Art. 16, NCC, which states "Real property
than seven months old. as well as personal property is subject to
the law of the country where it is
situated." Moreover, even assuming that
legal capacity of Roberta in entering the
contract in Australia is governed by
Philippine Law, she will acquire ownership
over the property bought until the
contract is annulled.
ALTERNATIVE ANSWER: FALSE. Laws
relating to family rights and duties, or to
the status, condition or legal capacity of
persons are binding upon the citizens of
the Philippines, even though living abroad
(Art. 15, NCC). The age of majority under
Philippine law is 18 years (R.A. No. 6809);
hence, Roberta, being only 17 years old,
has no legal capacity to acquire and own
land.

Correction of Entries; Clerical Error


Act (2008)

Gianna was born to Andy and Aimee, who


at the time Gianna's birth were not
married to each other. While Andy was
single at the time, Aimee was still in the
process of securing a judicial declaration
of nullity on her marriage to her ex-
husband. Gianna's birth certificate, which
was signed by both Andy and Aimee,
registered the status of Gianna as
"legitimate", her surname carrying that of
Andy's and that her parents were married
to each other. (A). Can a judicial action for
correction of entries in Gianna's birth
certificate be successfully maintained to:

a). Change her status from "legitimate" to


"illegitimate" (1%);
and b). Change her surname from that of
Andy's to Aimee's maiden surname? (1%