Persons and Civil Personality

Question 1

What is a person?

Answer 1

A person is every physical or moral, real or juridical and legal being susceptible of rights and obligations or being the subject of legal relations.

Question 2

What is Personality?

Answer 2

The aptitude to be the subject, active or passive, of juridical relations. One is a person, while one has personality.

Question 3

What are the kind of Persons?

Answer 3

(1) Natural - human beings/physical existence; and

(2) Juridical - artifical persons.

Question 4

What is Juridical Capacity?

Answer 4

Fitness to be the subject of legal relations; Inherent; Only through death; Can exist without capacity to act; and no limitation.

Question 5

What is Capacity to Act?

Answer 5

Power to do acts with legal effect; fulmillment of certian legal activities; Through death and other causes; Cannot exist without juridical capacity; restricted or modified under art. 38 and art. 39.

Question 6

Does a person have a capacity to act?

Answer 6

Yes, a person is presumed to have capacity to act.

Question 7

Explain Status of a Person?

Answer 7

The legal CONDITION or CLASS in a society.

Question 8

Explain Civil Personality?

Answer 8

External manifestation of either juridical capacity or juridical capacity or can be subjected to rights and obligations.

Question 9

What are the Restrictions on Capacity to Act?

Answer 9

MIDIPC. Minority; Insansity; Deaf or mute; Imbecility; Prodigality (declared); Civil Interdiction

Question 10

What are the Circumstances that Modify Capacity to Act?

Answer 10

1. Insanity;
2. Prodigality;
3. Age;
4. Imbecility;
5. Deaf-Mute;
6. Family Relations;
7. Alienage
8. Trusteeship;
9. Penalty;
10. Insolvency; and
11. Absence.

Question 11

What determines personality?

Answer 11

Birth

Question 12

Does a conceive child considered born?

Answer 12

Yes, for all purposes that are favorable to it, provided it is born later subject to Art. 41

Question 13

What is actual/permanent personality?

Answer 13

Personality begins at birth, not at conception.

Question 14

What is presumptive/provisional/temporary personality?

Answer 14

The law considers the conceived child as born provided it be born with the condition set by Art. 41.

Question 15

Explain “ born later in accordance with law”.

Answer 15

(1) A foetus with an intra-uterine life of less than 7 months must survive for atleast 24 hours after its complet delivery; Atleast 7 months considered born even if it dies 24 hrs after complete delivery.

Question 16

Explain Complete Delivery?

Answer 16

It means the cutting of the umbilical cord from the mother’s womb.

Question 17

Why a concieved child’s personality is provisional?

Answer 17

It depends upon the child being born alive later under certain conditions.

Question 18

What are the rights of a conceived child?

Answer 18

SAD
Support;
Acknowledged (To be);
Donations (Recieved);

Question 19

What is the effect of Death on Civil Personality?

Answer 19

Death extinguishes civil personality. However, the rights and obligations of the deceased are not necessarily extinguished by his death.

Question 20

What apply in case of who died first which involves successional rights?

Answer 20

Survivorship Rule which provides the presumption of simultanous deaths between persons called to succeed each other In the absense of facts.

Question 21

What apply in case of who died first which involves no successional rights?

Answer 21

Rules of Court which provied the presumption of survivorship in the absense of facts (died).

Question 22

Presumption of survivorship is invalid if?

Answer 22

If proven. Burden of proof unto him. If not proven, presumption of survivorship applies.

Question 23

Requisites of presumption of survivorship?

Answer 23

Two or more persons;
Perish in the same calamaity;
Not shown or no evidence or cirumcanstes to prove who died first

Question 24

Survivorship: borth under 15 of age?

Answer 24

Older presumed to have survived.

Question 25

Survivorship: borth above age of 60?

Answer 25

Younger presumed to ahve survived.

Question 26

Survivorship: One under 15 and the other above 60?

Answer 26

Younger presumed to have survied.

Question 27

Survivorship: both above 15 but under 60?

Answer 27

If different sex, male presumed to have survied.

Question 28

Survivorship: one under 15 or 60 and the other between 15 and 60?

Answer 28

Between 15 and 60 presumed to have survived.

Question 29

What are the kinds of Juridical Persons?

Answer 29

(1) State and its political subdivisions;
(2) Corporation or institutions or entities for public interest or purpose created bylaw; and
(3) Corporations, partnerships and associations for private interest or purpose.

Question 30

What is the capacity of a Juridical Person?

Answer 30

Can acquire and possess property of all kinds as well as incur obligations and bring civil or criminal actions, provided that they are in conformity with the laws and regulations of their organization.

Question 31

What is a residence?

Answer 31

is a place of abode, whether permanent or temporary.

Question 32

What is a Domicile?

Answer 32

denotes a fixed permanent place to which, when absent, one has the intention of returning

Question 33

What is the domicile of natural persons?

Answer 33

The place of habitual residence is the domicile of a natural person for the exercise of civil rights and fulfillment of civil obligations

Question 34

What is the domicile of juridical persons?

Answer 34

The place fixed by law. If not present, the place where there legal representation is or where they execrise their principal functions.