Civ Code - Law on Persons (Civil Personality) (Art 37 - 51)

Question 1

Distinctions between Juridical Capacity and Capacity to Act

Answer 1

1. JC- the fitness to be the subject of a legal relation
   CA- the power to do acts with legal effect.
2. JC- passive
   CA- active

​3. JC- inherent
CA- merely acquired

​4. JC- lost only through death
CA- lost through death but maybe restricted by other
causes

Question 2

Restrictions on Capacity to Act

Answer 2

1. Minority
2. insanity or imbecility
3. the state of being a deaf-mute
4. prodigality
5. civil interdiction

Question 3

When does presumptive personality start?

Answer 3

does not begin at birth; it begins at conception

Question 4

Two kinds of babies

Answer 4

1. Ordinary
2. Extraordinary

Question 5

Rules of Survivorship

Answer 5

a. If both were under the age of fifteen years, the older is deemed to have survived;

b. If both were above the age of sixty, the younger is deemed to have survived;

c. If one is under fifteen and the other above sixty, the former is deemed to have survived;

d. If both be over fifteen and under sixty, and the sex be different, the male is deemed to have survived; if the sex be the same, the older;

e. If one be under fifteen or over sixty, and the other between those ages, the latter is deemed to have survived.

Question 6

Kinds of Juridical Persons

Answer 6

​1. Public Juridical Persons
a. the State
b. its political subdivisions
c. Public corporations

2. Private Juridical Persons
   a. private corporations (separate and distinct from its stockholders.
   b. partnership
   c. associations for private interest or purpose

Question 7

Three Kinds of Citizens

Answer 7

(a) Natural-born citizen
(b) Naturalized citizens
(c) Citizen by election

Question 8

What is Derivative Citizenship?

Answer 8

The unmarried child, whether legitimate, illegitimate or adopted, below eighteen (18) years of age, of those who re-acquire Philippine citizenship upon effectivity of this Act shall be deemed citizenship of the Philippines.”

Question 9

Citizens of the Philippines under the 1987 Constitution

Answer 9

(a) Those who are citizens of the Philippines at the time of the adoption of this Constitution;

(b) Those whose fathers or mothers are citizens of the Philippines;

(c) Those born before Jan. 17, 1973, of Filipino mothers, who elect Philippine citizenship upon reaching the age of majority; and

(d) Those who are naturalized in accordance with law. (Art. IV, Sec. 1).

Question 10

Classifications of Domicile

Answer 10

(a) it is assigned to him by the law AT THE MOMENT OF BIRTH (domicile of origin); or

(b) it is assigned to him also by the law AFTER BIRTH on account of a legal disability caused for instance by minority, insanity, or marriage in the case of a woman (constructive domicile or domicile by operation of law); or

(c) because he has his home there — that to which whenever he is absent, he intends to return (domicile of choice).