Commencement and Termination of Personality (Natural Persons NCC 40-41)

Question 1

Article 40. NCC

Answer 1

NCC Art 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)

*Superseded by Art. 5, P.D. No. 603 (The Child and Youth Welfare Code), which provides that: “The civil personality of the child shall commence from the time of his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.”

Question 2

Article 41. NCC

Answer 2

NCC Art. 41. For civil purposes, 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 months, it is not deemed born if it dies within twenty-four hours after its complete delivery from the maternal womb.

Question 3

Article 42. NCC

Answer 3

NCC 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)