Civil Personality

Question 1

What is juridical capacity?

Answer 1

The fitness to be the subject of legal relations which is inherent in every natural person and is lost only through death.

Question 2

What is capacity to act?

Answer 2

The power to do acts with legal effect, which may be acquired and may be lost.

Question 3

What determines the personality of natural persons?

Answer 3

Birth

Question 4

When does civil personality of a natural person commence?

Answer 4

Civil personality shall commence from the time of his conception, for all purposes favorable to him

Question 5

Under Art. 41 of the Civil Code, what are the requirements for civil personality to commence from the time of the child’s conception?

Answer 5

For civil purposes, the foetus is considerd 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 24 hours after its complete delivery from the maternal womb

Question 6

How is civil personality extinguished? What is its effect on rights and obligations?

Answer 6

Death. It extinguishes criminal liability but civil liability remains

Question 7

Under Art. 43, what are the rules to follow when determining the transmission of rights?

Answer 7

1. If there is a witness, then their account should be followed
2. If none, then whoever alleges the death of one prior to the other shall prove the same;
3. In absence of proof, it is presumed that they died at the same time and there shall be no transmission of rights from one to the other

Question 8

Rules of survivorship under Sec. 3 par. jj of Rule 131 Rules of Court (5)

Answer 8

1. If both were less than 15 years old, older is deemed to have survived;
2. If both were above 60 years old, younger is deemd to have survived;
3. If one is under 15, the other above 60, the one under 15 survives
4. If both be over 15 and under 60, and sex be different, male is deemed to have survived, if sex is the same, the older survives
5. If one is under 15 or over 60, the other between those ages, the one between 15 and 60 survives

Question 9

Under Art. 44, these are juridical persons (3)

Answer 9

1. State and its political subdivisions
2. Corporations, institutions and entities for public interest or purpose, created by law
3. Corporations, partnerships, and associations for private interest or purpose to which a law grants juridical personality

Question 10

The State and public corporations are governed by what law?

Answer 10

The laws creating or recognizing them

Question 11

Private corporations are regulated by what law?

Answer 11

Laws of general application on the subject

Question 12

Partnerships and associations are governed by what law?

Answer 12

Provisions of the Civil Code concerning partnerships

Question 13

Upon dissolution of public corporations, how shall their properties be disposed?

Answer 13

In pursuance of law or charter creating them. If none, the similar purposes for the benefit of the region, province, city or municipality which during the existence of the institution derived the principal benefits from the same

Question 14

Differentiate juridical capacity from capacity to act (3)

Answer 14

1. Juridical capacity is the aptitude to hold legal rights, while capacity to act is the aptitude to exercise such rights
2. Juridical capacity is inherent in a person, while capacity to act is not
3. Juridical capacity is only lost upon death, but capacity to act may be lost by any valid cause provided by law

Question 15

Can a person have full capacity to act?

Answer 15

No. There will always be a restriction

Question 16

Under Art. 38 of the Civil Code, these 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 easemenets (6)

Answer 16

1. Minority
2. Insanity
3. Imbecility
4. State of being a deaf-mute
5. Prodigality
6. Civil interdiction

Question 17

These circumstances modify or limit capacity to act under Art. 39 of the Civil Code (11)

Answer 17

1. Age
2. Insanity
3. Imbecility
4. State of being a deaf-mute
5. Penalty
6. Prodigality
7. Family relative
8. Alienage
9. Absence
10. Insolvency
11. Trusteeship

Question 18

Does religious belief or polical opinion limit capacity to act?

Answer 18

No. Under Art. 39 of the Civil Code, these do not limit capacity to act

Question 19

Under Art. 39, what is the requirement for a woman to qualify for all acts of civil life, execpt in cases specified by law?

Answer 19

Married, and 21 years of age or over

Question 20

Define incompetent under Sec. 2 Rule 92 in Rules of Court

Answer 20

This includes persons suffering the penalty of civil interdiction or who are hospitalized lepers, prodigals, deaf and dumb who are unable to read and write, those who are of unsound mind, even though they have lucid intervals, and persons not being of unsound mind, but by reason of age, disease, weak mind, and other similar causes, cannot, without outside aid, take care of themselves and manage their property, becoming thereby an easy prey for deceit and exploitation.

Question 21

Under Art. 1327, who cannot give consent to a contract? (2)

Answer 21

1. Unemancipated minors
2. Insane or demented persons, and deaf-mutes who do not know how to write

Question 22

What kind of contract is it when one of the parties is incapable of giving consent to a contract?

Answer 22

Voidable contract

Question 23

Who may action for the annulment of contracts?

Answer 23

Those who are obliged principally or subsidiarily but persons who are capable cannot allege incapacity of those whom he contracted with nor can those who exerted intimidation, violence, or undue influence, or employed fraud, or caused mistake

Question 24

When an obligation having been annulled, what should the parties restore to each other?

Answer 24

Things which have been the subject matter of the contract, with their fruits, and the price with its interest.
If service, the value shall be the basis for damages

Question 25

Under 1399 of the Civil Code, when the defect of the contract consists in the incapacity of one of the parties, what is the obligation of the incapacitated party?

Answer 25

Such person is not obliged to make any restitution except insofar as he has been benefited by the thing or price received by him

Question 26

What kind of contract is it when both parties are incapable of giving consent to a contract?

Answer 26

Unenforceable contract

Question 27

Under Art. 1426 of the Civil Code, when a minor between 18-21 enters into a contract without consent of the parent or guardian, returns the whole thing or price received after annulment of the contract, can they recover?

Answer 27

No. They do not have the right to demand the thing or price thus returned notwithstanding the fact that he has not been benefited thereby

Question 28

Under Art. 1426 of the Civil Code, when a minor between 18-21 enters into a contract without consent of the parent or guardian, voluntarily pays a sum of money or delivers a fungible thing in fulfillment of the obligation, can they recover?

Answer 28

No. They do not have the right to recover the same from the obligee who has spent or consumed it in good faith

Question 29

Under Art. 1489 of the Civil Code, when necessaries are sold and delivered to a minor or other person without capacity to act, must he pay a reasonable price therefor?

Answer 29

Yes

Question 30

Under Art. 2180 and 2182, for quasi-delicts, this is the priority of responsibility in case it is a minor who committed the quasi-delict (4)

Answer 30

1. Father 2. Mother 3. Guardian 4. For minor or insane with no parents/guardians, his own property where a guardian *ad litem* shall be appointed

Question 31

Contracts entered into a state of drunkenness or during a hypnotic spell are what kind of contract?

Answer 31

Voidable contract

Question 32

Under Art. 807 of the Civil Code, what is the requirement in writing the will when the testator is deaf or a deaf-mute?

Answer 32

He must personally read the will, if able to do so; otherwise, he shall designate two persons to read it and communicate to him, in some practicable manner, the contents thereof

Question 33

Can a deaf-mute be a witness to a will?

Answer 33

No.

Question 34

Under 820 of the Civil Code, what are the requirements to be a witness to a will? (4)

Answer 34

1. Sound mind 2. 18 years or more 3. Not blind, deaf or dumb 4. Able to read and write

Question 35

Under Art. 79 of the Family Code, what is indispensible requirement for the validity of any marriage settlement executed by a person upon whom a sentence of civil interdiction has been pronounced or who is subject to any other disability

Answer 35

The guardian of the person under civil interdiction must be made a party thereto

Question 36

Are donations or grant of gratuitous advantage, direct or indirect, between the spouses during the marriage valid?

Answer 36

Void, except for moderate gifts which the spouses may give each other on the occasion of any family rejoicing. This also applies to persons living together as husband and wife without a valid marriage

Question 37

Under Art. 1109 of the Civil Code, where is there no prescription or prescription does not run? (3)

Answer 37

1. Between husband and wife, despite there be separation of property 2. Between parents and children, during minority or insanity of the latter 3. Between guardian and ward during guardianship

Question 38

Under Art. 1490 of the Civil Code, when can husband and wife sell to each other? (2)

Answer 38

Husband and wife cannot sell property to each other, except: 1. When a separation of property was agreed upon in the marriage settlements, or 2. When there has been a judicial separation of property

Question 39

Under Art. 390 of the Civil Code, when is an absentee presumed dead for all purposes except for succession?

Answer 39

After 7 years and it being unknown if the absentee still lives

Question 40

Under Art. 390 of the Civil Code, when is an absentee presumed dead for purposes of succession?

Answer 40

After 10 years, however if he disappeared after age of 75 years, absence of five years will suffice

Question 41

Under Art. 391 of the Civil Code, what are the circumstances in which the absentee is presumed dead? (3)

Answer 41

1. Person on board a vessel lost during a sea voyage, or an aeroplane which is missing, who has not been heard of for 4 years since the loss of the vessel or aeroplane; 2. A person in the armed forces who has taken part in war, and has been missing for 4 years 3. A person who has been in danger of death under other circumstances and his existence has not been known for 4 years

Question 42

Under Art. 2259 of the Civil Code, what law governs the capacity of a married woman to execute acts and contracts if her marriage was celebrated prior to the current Civil Code and Family Code?

Answer 42

R.A. 386 - Civil Code of the Philippines

Question 43

Distinguish passive misrepresentation and active misrepresentation regarding a persons' minority (2)

Answer 43

1. Passive misrepresentation is when the minor doesn't claim to be one, but in active misrepresentation, the minor conceals it when he/she has a duty say such fact 2. In passive misrepresentation, the contract may be annulled by the minor on the ground of minority, but in active misrepresentation the minor cannot