CIVIL CODE BAR QUESTIONS PERSONS

Question 1

Capacity: Juridical Capacity (2008)
No. II. At age 18, Marian found out that she
was pregnant. She insured her own life and
named her unborn child as her sole
beneficiary. When she was already due to
give birth, she and her boyfriend Pietro, the
father of her unboarn child, were
kidnapped in a resort in Bataan where they
were vacationing. The military gave chase
and after one week, they were found in an
abandoned hut in Cavite. Marian and Pietro
were hacked with bolos. Marian and the
baby delivered were both found dead, with
the baby’s umbilical cord already cut. Pietro
survived.
(A). Can Marian’s baby be the beneficiary of
the insurance taken on the life of the
mother? (2%)

Answer 1

Yes, the baby can be the beneficiary of the life insurance of Marian. Art. 40 NCC provides that “birth determines personality; but the conceived child shall be considered born for all purposes that are favorable to it, provided that it be born later with the conditions specified in Art. 41. Article 41 states that “for civil purposes, the fetus shall be 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 months, it is not deemed born if it dies within twenty-four (24) hours after
its complete delivery from the maternal womb. The act of naming the unborn child as sole beneficiary in the insurance is favorable to the conceived child and
therefore the fetus acquires presumptive or provisional personality. However, said presumptive personality only becomes conclusive if the child is born alive. The
child need not survive for twenty-four (24) hours as required under Art. 41 of the Code because “Marian was already due to give birth,” indicating that the
child was more than seven months old.

Question 2

Capacity; Juridical Capacity of Donee;
Requisites for Acceptance (2012)
No.I. b) Ricky donated P 1 Million to the
unborn child of his pregnant girlfriend,
which she accepted. After six (6) months of
pregnancy, the fetus was born and baptized
as Angela. However, Angela died 20 hours
after birth. Ricky sought to recover the P 1
Million. Is Ricky entitled to recover?
Explain. (5%)

Answer 2

Yes, Ricky is entitled to recover the P1,000,000.00. The NCC considers a fetus a person for purposes favorable to it provided it is born later in accordance
with the provision of the NCC. While the donation is favorable to the fetus, the donation did not take effect because the fetus was not born in accordance with
the NCC. To be considered born, the fetus that
had an intrauterine life of less than seven (7) months should live for 24 hours from its complete delivery from
the mother’s womb. Since Angela had an intrauterine life of less than seven (7) months but did not live for 24 hours, she was not considered born and, therefore,
did not become a person. Not being a person, she has no juridical capacity to be a donee, hence, the donation to her did not take effect. The donation not
being effective, the amount donated may be recovered. To retain it will be unjust enrichment.

Question 3

Capacity: Legal Capacity; Lex Rei Sitae
(2007)
No.VII. Write “TRUE” if the statement is
true or “FALSE” if the statement is false. If
the statement is FALSE, state the reason.
(2% each).

(1). Roberta, a Filipino, 17 years of age,
without the knowledge of his parents, can acquire a house in Australia because
Australian Laws allow aliens to acquire
property from the age of 16.

Answer 3

SUGGESTED ANSWER:
TRUE. Since Australian Law allows alien
to acquire property from the age of 16,
Roberta may validly own a house in
Australia, following the principle of lex
rei sitae enshrined in Art. 16, NCC,
which states "Real property 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.