PERSONS (A)
KINDS RESTRICTIONS/MODIFICATIONS
There are two kinds:
1. Natural Person
Born of a mother, like you and me
2. Juridical Person
Created by law such as a
corporation, partnership, and
association
Art. 37 (NCC) speaks of the two fold
capacities of a person, to wit:
1. Juridical capacity or the
fitness to be the subject of legal
relation; inherent in every
person and lost only through
death
2. Capacity to act which is the
power to act with legal effects;
acquired and may be lost by
death or lawful cause
Thus, a one-year old child has
juridical capacity but not capacity to
act. He acquires the latter when he
reaches the age of majority (18 years
old).
NATURAL PERSONS
Article 40. provides that Art. 42 Civil personality of a person
Art. 38 list mere restrictions on a natural personality begins at conception is extinguished by death, but his right
person’s capacity to act: but birth determines it. A conceived and obligation can still be regulated
child is considered born for all by law, by contract or by will.
1. Minority purposes favourable to it, subject
2. Insanity or imbecility to Art. 41. For instance, a testatro
3. State of being deafmute
4. Prodigality Thus, a conceived child though still
5. Civil Interdiction unborn may be acknowledged by
the parents, and may be the
Generally, a minor needs parental recipient of donation (not onerous)
consent to enter into a contract. through his mother.
Otherwise, the contract is voidable, that
is, valid until annulled. Art. 41 provides that a human
foetus is considered born if alive at
An incapacitated person may still be time completely delivered from the
liable for a crime, and his property be mother’s womb (even if it lives
held accountable. only for an hour). But if the
intrauterine life is less than 7
Art. 39 is a broader provision. Aside months, the child must live for at
from the above mere restrictions, it least 24 hours after.
includes: family relations, alienage,
absence, insolvency, and trusteeship. Thus, a donation made to a
conceived child is valid and
Thus, a father has full capacity to act, but effective even if he lives only for an
precisely as a father cannot impair the hour after birth.
legitime of his compulsory heirs.
If it is a stillborn, the property
An alien cannot own agricultural land. donated shall revert to the donor
and not to the parents
What is the legal effect of Arts. 38 and
39? Can that be imposed
 PERSONS (B)
JURIDICAL PERSON
(first paragraph notes)
Immunity of suit is only when they
perform
i.e. the driver of the ambulance of the
provincial hospital
Example of proprietary:
When they allow rent on the market, the
tenant can sue when they get ejected
unjustly
When will the state be liable?
 Acts of special agent: Special
agent – can be held liable
Example:
The driver of the governor was ask to
drive the mother of the governor to the
market – driving there, it got into an
accident an accident
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Stockholder cannot interedere unless
detrimental (i.e. derivative suit?)
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Partnership
 Lawfirm
Cases:
- Philrock vs. Board of
Liquidators, 180 SCRA
CITIZENSHIP & DOMICILE
Dual Citizenship is not double citizenship
– Maquiling vs COMELEC 696 SCRA
420
Filipina married to a foreigner – and the
marriage is done in the latter; the
foreigner filed divorce – is that divorce
valid? YES
What is the effect to the Filipina? She can
marry again in abroad
What is the effect if the Filipina wants to
go back to the PH, can she marry again?
No (check the nuances)
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Notes on domicile
Duterte’s domicile is Davao (although he
is still in Malacañang)
You can change your domicile – example
A, from the province, married someone
who lives in Manila, then she can live
where her husband lives
 Go vs. Republic, 729 SCRA
138