3 - Civil Personality (Art. 37-51) Flashcards
who has Civil personality
natural persons
juridical persons
Art. 40
Birth determines personality; but the conceived child (in womb) shall be considered born for all purposes that are favorable to it, [provided] it be born later with the conditions specified in Art. 41
Child in womb > Received Donation of Condo Unit > Is the deed of donation valid?
Yes, while the general rule is that civil personality begins at birth, a fetus is considered a person in its provisional sense such as when it is favorable to the child.
Child in womb > Received Donation of Condo Unit > time of delivery > child died & did not become a person >
Can mother claim ownership over the Condo Unit on the ground that being the mother, she is an heir of the child who was deemed a donee of a valid deed of donation?
No. While it was valid when executed, it was only provisional/temporary in character subjected to the child becoming a person
Art. 41
For civil purpose, the fetus is considered born if it is alive at the time it is completely delivered from the mother’s womb.
[However], if the fetus had an intra-uterine life of [less than] seven (7) months, it is NOT deemed born if it dies w/in 24 hours after its complete delivery from the material womb
TN: if [more than] 7, then fetus is deemed born
Child in womb > Received Donation of Condo Unit > Intra-uterine life (life w/in womb) of more than 7 months > born > died w/in 24 hours
Can mother claim the condo?
Yes, if more than 7 months, the fetus is deemed alive at the time it is completely delivered from the maternal womb. It became a person therefore subject of a juridical relation, succession follows
TN: 24hr period applied only to [less than] 7 months.
when shall a child be deemed born?
Art. 41 alive the moment it comes out of the maternal womb
If it is less than 7 months inside, it being alive for 24 hours then it is deemed born
TN: if <7 months and died in the 12hr, then it wasn’t legally born
A father filed an action for damages against a doctor who performed 3 abortions on his wife
Does the husband have a CoA to recover arising from the death of the fetus?
No, only the one who suffered has the right to recover damages. If victim dies, action may be pursued by the heirs
but in this case, a fetus died while inside the womb therefore was not a person. When it died, it had no right or personality so father could not file an action on behalf of the child.
differentiate
- civil personality
- life
Civil personality begins at birth
life begins at conception
Why was Hortillano able to claim the policy of Continental Steel?
NCC provides that civil personality extinguishes upon death, it does not state that only those who have juridical personality can die.
In the case, Hortillano’s fetus had life inside the womb for 38 weeks before the miscarriage. Thus, death occurred on a dependent. Hence, Hortillano is entitled to death benefit claims as provided in the CBA
3 Presumptions Governing Death
- Presumption of Death (R131, Sec. 3, (W)) RRC
- Presumption of Survivorship (R131, Sec. 3(JJ)) RRC
- Presumption of Simultaneity in Death (R43, NCC, R131, Sec. 3 (KK))
TN: RRC = revised rules on evidence?
Presumption Governing Death > Presumption of Death >
Rule on disappearance
[Ordinary Circumstance]
- Presumption of death - 7 years absence
- Succession - 10 years [before] his estate can be divided by heirs
exc: he/she disappeared after age of 75, then 5 years only
- Remarriage: 4 years
[Extraordinary Circumstances when there is danger of Death]
- Presumption of Death: 4 years absence
- Remarriage: 2 years
TN: applicable only when
- absent of evidence to prove fact of death
- when there is preponderance, the presumption of death do not apply
Captain Lucero, employed by a shipping company, was on a voyage from the Philippines to Hong Kong and back. According to his contract, his wife, Josephine Lucero, was designated to receive his salary. During the voyage, the vessel encountered severe typhoon conditions. Captain Lucero sent distress signals to the company, indicating that the crew was preparing to abandon the ship. After receiving no further communication, it was universally accepted that Captain Lucero had perished. Despite this, Josephine Lucero argued that the contract should not be terminated until the vessel arrived back in the Philippines. She also contended that Captain Lucero could not be presumed dead because the statutory presumptive period of four years had not yet elapsed.
Does the presumption of death apply here?
No, the presumption of death cannot apply in this case because the presumption may only apply when there is no evidence to prove the fact of death.
In this case, there is preponderance of evidence that the captain really died when the vessel capsized.
Presumption Governing Death > Presumption of **Survivorship>
basis of determining two persons die, who among them died first?
Survivorship is determined from the probabilities resulting from the;
- strength
- age
- sexes
Presumption Governing Death > Presumption of **Survivorship>
table of surviorship
<15 [&] >60 – older died first
both <15 –> younger died first
both >60 –> older died first
<15[or]>60 + bet. 15-60 –> the former died first
>15[and]<60 + male
- Person X: Age 45, male
- Person Y: Age 55, male
55 died first
