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    W3 STUDY GUIDE - Civil Personality

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    Mary Joessa Gastardo Ajoc
    This document provides a summary of the key topics covered in Week 3 of a Legal Medicine study guide, including: 1. The definition and concepts of civil personality, which includes juridical capacity and capacity to act. 2. How civil personality is determined through birth and terminated through death. 3. The two types of children - ordinary and extraordinary - based on their intra-uterine life. 4. The limitations on capacity to act, such as minority, insanity, and civil interdiction.

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    W3 STUDY GUIDE - Civil Personality

    Uploaded by

    Mary Joessa Gastardo Ajoc
    70 views4 pages
    This document provides a summary of the key topics covered in Week 3 of a Legal Medicine study guide, including: 1. The definition and concepts of civil personality, which includes juridical capacity and capacity to act. 2. How civil personality is determined through birth and terminated through death. 3. The two types of children - ordinary and extraordinary - based on their intra-uterine life. 4. The limitations on capacity to act, such as minority, insanity, and civil interdiction.

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    This document provides a summary of the key topics covered in Week 3 of a Legal Medicine study guide, including: 1. The definition and concepts of civil personality, which includes juridical capacity and capacity to act. 2. How civil personality is determined through birth and terminated through death. 3. The two types of children - ordinary and extraordinary - based on their intra-uterine life. 4. The limitations on capacity to act, such as minority, insanity, and civil interdiction.

    Copyright:

    © All Rights Reserved
    Download as ODT, PDF, TXT or read online from Scribd
    Download as odt, pdf, or txt
    70 views4 pages

    W3 STUDY GUIDE - Civil Personality

    Uploaded by

    Mary Joessa Gastardo Ajoc
    This document provides a summary of the key topics covered in Week 3 of a Legal Medicine study guide, including: 1. The definition and concepts of civil personality, which includes juridical capacity and capacity to act. 2. How civil personality is determined through birth and terminated through death. 3. The two types of children - ordinary and extraordinary - based on their intra-uterine life. 4. The limitations on capacity to act, such as minority, insanity, and civil interdiction.

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    © All Rights Reserved
    Download as ODT, PDF, TXT or read online from Scribd
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    You are on page 1of 4

    Legal Medicine: Atty. Lady Love Plaza Ajoc, Mary Joessa G.

    A.Y. 2020-2021

    STUDY GUIDE (Week 3: September 23, 2020 moved to October 7, 2020)

    WEEK NO. NO. OF HOURS MODULE TOPIC SUB-TOPICS


    3 1 CIVIL PERSONALITY  Definition and
    Concept of Civil
    Personality
     Determination
    and Termination
    of Civil
    Personality
     Birth
     Capacity to Act
     Limitations on
    Capacity to Act

    I. Definition and Concept of Civil Personality (Interlude: Persons and Family Relations; Civil Personality)

    Art. 37. Juridical capacity, which is the fitness to be the subject of


    legal relations, is inherent in every natural person and is lost only
    through death. Capacity to act, which is the power to do acts with
    legal effect, is acquired and may be lost. (n).

    Juridical capacity – the fitness to be the subject of legal relations

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

     Two Kinds of Persons:


    a. Natural persons – human beings created by God through the intervention of
    the parents.
    b. Juridical persons – those created by law.

    Capacity to act – the power to do acts with legal effect.

    I. Determination and Termination of Civil Personality (Interlude: Persons and Family Relations; Civil Personality)

    Art. 37. Juridical capacity, which is the fitness to be the subject of


    legal relations, is inherent in every natural person and is lost only

    University of the Visayas – GULLAS Law M A R I A notes


    A.Y. 2020-2021
    Legal Medicine: Atty. Lady Love Plaza Ajoc, Mary Joessa G.
    A.Y. 2020-2021

    through death. Capacity to act, which is the power to do acts with


    legal effect, is acquired and may be lost. (n).

    Juridical capacity – is acquired upon the birth of a person. (Articles 40, 41, 742, 854)
    – is terminated only upon death. (Articles 42, 43)

    Capacity to act – is 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

    Art. 42. Civil personality is extinguished by death. The effect of


    death upon the rights and obligations of the deceased is determined
    by law, by contract and by will. (32a)

    Civil personality is extinguished by death (physical death).


    Civil interdiction (civil death) merely restricts, not extinguishes, capacity to act

    I. Birth (Interlude: Persons and Family Relations; Civil Personality)

    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 5 of Presidential Decree Number 603, otherwise known as the “Child and Youth Welfare
    Code,” amended Article 40 of the Civil Code. The amendment and the law now provide that:
    “the civil personality of the child shall commence from the time of his conception for all
    purposes favorable to him, subject to the requirements of Article 41 of the Civil Code.”

    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)

     Two Kinds of Children


    a. Ordinary – with an intra-uterine life of at least seven months

    University of the Visayas – GULLAS Law M A R I A notes


    A.Y. 2020-2021
    Legal Medicine: Atty. Lady Love Plaza Ajoc, Mary Joessa G.
    A.Y. 2020-2021

    b. Extraordinary – if the intra-uterine life be less than seven months, the child
    must have lived for at least 24 hours after its complete delivery from the
    maternal womb.

    I. Capacity to act (Interlude: Persons and Family Relations; Civil Personality)

    Definition of Full or Complete Civil Capacity – the union of the two kinds of capacity
     A person is presumed to have capacity to act.
     A 1-year-old boy has juridical capacity but has no capacity to act. When he becomes 18, he
    will have full civil capacity.

    I. Limitations on Capacity to Act (Interlude: Persons and Family Relations; Civil Personality)

    Art. 38. Minority, insanity or imbecility, the state of being a deaf-


    mute, prodigality and civil interdiction are mere restrictions on
    capacity to act, and do not exempt the incapacitated person from
    certain obligations, as when the latter arise from his acts or from
    property relations, such as easements. (32a)

    Restrictions on Capacity to Act


    Capacity to act, unlike juridical capacity, may be restricted or limited. Among
    the restrictions are the following:
    (a) Minority (below 18).
    (b) Insanity or imbecility.
    (c) State of being a deaf-mute.

    University of the Visayas – GULLAS Law M A R I A notes


    A.Y. 2020-2021
    Legal Medicine: Atty. Lady Love Plaza Ajoc, Mary Joessa G.
    A.Y. 2020-2021

    (d) Prodigality (the state of squandering money or property with a morbid


    desire to prejudice the heirs of a person).
    (e) Civil interdiction (the deprivation by the court of a person’s 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
    causa).
    4) To manage his own property. (Art. 34, RPC).

    Art. 39. The following circumstances, among others, modify or


    limit capacity to act: age, insanity, imbecility, the state of being a
    deaf-mute, penalty, prodigality, family relations, alienage, absence,
    insolvency and trusteeship. The consequences of these
    circumstances are governed in this Code, other codes, the Rules of
    Court, and in special laws. Capacity to act is not limited on account
    of religious belief or political opinion. A married woman, twenty-one
    years of age or over, is qualified for all acts of civil life, except in
    cases specified by law. (n)

    Modifications or Limitations on Capacity to Act


     Family Relations
     Alienage
     Absence
     Married Woman

    REFERENCES:

    Persons and Family Relations by Atty. Melencio Sta. Maria


    Persons and Family Relations by Justice Edgardo Paras

    University of the Visayas – GULLAS Law M A R I A notes


    A.Y. 2020-2021

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