PFR PROVISIONS

Question 1

What is juridical capacity and when is it lost?
What is the capacity to act and how is it acquired and lost?

Answer 1

Art. 37.

• Juridical capacity: The fitness to be the subject of legal relations, inherent in every natural person, lost only through death.
• Capacity to act: The power to do acts with legal effect, acquired and may be lost. (n)

Question 2

What are the restrictions on capacity to act mentioned in Article 38, and do they exempt the incapacitated person from obligations?

Answer 2

Art. 38.

• Restrictions on capacity to act: Minority, insanity or imbecility, the state of being a deaf-mute, prodigality, and civil interdiction.
• These restrictions do not exempt the incapacitated person from certain obligations, especially those arising from their acts or property relations, such as easements. (32a)

Question 3

What circumstances modify or limit capacity to act according to Article 39?
Are religious belief or political opinion grounds for limiting capacity to act?
What is the capacity of a married woman, twenty-one years of age or over?

Answer 3

Art. 39.

• Circumstances modifying or limiting capacity to act: Age, insanity, imbecility, the state of being a deaf-mute, penalty, prodigality, family relations, alienage, absence, insolvency, and trusteeship.
• These circumstances are governed by this Code, other codes, the Rules of Court, and special laws.
• Capacity to act is not limited on account of religious belief or political opinion.
• A married woman, twenty-one years of age or over, is qualified for all acts of civil life, except in cases specified by law.

Question 4

What determines personality according to Article 40?

Answer 4

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.

Question 5

Under what condition is a conceived child considered born for all purposes favorable to it?

Answer 5

Art. 40.

A conceived child is considered born for all purposes that are favorable to it, provided it is born later with the conditions specified in Article 41.

Question 6

When is a fetus considered born for civil purposes according to Article 41?

Answer 6

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.

Question 7

What must be done if there is a doubt as to which of two or more persons who are called to succeed each other died first?

Answer 7

Art. 43.

Whoever alleges the death of one prior to the other shall prove the same.

Question 7

What is the condition for a fetus with an intra-uterine life of less than seven months to be considered born?

Answer 7

Art. 41.

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 8

What is presumed in the absence of proof regarding the order of death between two or more persons called to succeed each other?

Answer 8

Art. 43.

In the 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 9

What are considered juridical persons?

Answer 9

Art. 44. The following are juridical persons:
(1) The State and its political subdivisions;
(2) Other corporations, institutions and entities for public interest or purpose, created by law; their personality begins as soon as they have been constituted according to law;
(3) Corporations, partnerships and associations for private interest or purpose to which the law grants a juridical personality, separate and distinct from that of each shareholder, partner or member.

Question 10

What determines the domicile of natural persons for the exercise of civil rights and the fulfillment of civil obligations according to Article 50?

Answer 10

Art. 50.

The domicile of natural persons is the place of their habitual residence.

Question 11

How is the domicile of juridical persons determined when not fixed by law according to Article 51?

Answer 11

Art. 51.

The domicile of juridical persons is understood to be the place where their legal representation is established or where they exercise their principal functions, when not fixed by law or any other provision.

Question 12

What are the rules regarding the use of surnames for children as per Articles 364 to 369?

Answer 12

Art. 364. Legitimate and legitimated children shall principally use the surname of the father.
Art. 365. An adopted child shall bear the surname of the adopter.
Art. 368. Illegitimate children referred to in Article 287 shall bear the surname of the mother.
Art. 369. Children conceived before the decree annulling a voidable marriage shall principally use the surname of the father.

Question 13

What are the rules regarding the use of names and surnames for married women, annulled marriages, legal separation, and widows according to Articles 370 to 373?

Answer 13

Art. 370. A married woman may use:
(1) Her maiden first name and surname and add her husband’s surname, or
(2) Her maiden first name and her husband’s surname, or
(3) Her husband’s full name, but prefixing a word indicating that she is his wife, such as “Mrs.”

Art. 371. In case of annulment of marriage:
- If the wife is the guilty party, she shall resume her maiden name and surname.
- If she is the innocent spouse, she may resume her maiden name and surname. However, she may choose to continue employing her former husband’s surname unless the court decrees otherwise or she or the former husband marries again.

Art. 372. When legal separation has been granted, the wife shall continue using her name and surname employed before the legal separation.

Art. 373. A widow may use the deceased husband’s surname as though he were still living, in accordance with Article 370.

Question 14

What are the rules regarding identity of names and surnames according to Articles 374 and 375?

Answer 14

Art. 374. In case of identity of names and surnames, the younger person shall be obliged to use such additional name or surname as will avoid confusion.

Art. 375. In case of identity of names and surnames between ascendants and descendants:
- The word “Junior” can be used only by a son.
- Grandsons and other direct male descendants shall either add a middle name or the mother’s surname, or add the Roman Numerals II, III, and so on.

Question 15

Under what circumstances does Article 379 permit the use of pen names or stage names?

Answer 15

Art. 379.

The employment of pen names or stage names is permitted, provided it is done in good faith and there is no injury to third persons. Pen names and stage names cannot be usurped.

Question 16

Under what circumstances can a judge appoint a representative for an absentee according to Article 381?

Answer 16

Art. 381.

A judge may appoint a representative for an absentee who has disappeared from their domicile, with unknown whereabouts and without leaving an agent to manage their property. The appointment can be made at the instance of an interested party, relative, or friend, or when the absentee’s conferred power has expired.

Question 17

Under what conditions can the absence of an absentee be declared according to Article 384?

Answer 17

Art. 384.

The absence of an absentee may be declared:
- After two years without any news about the absentee, or since the receipt of the last news,
- After five years if the absentee has left a person in charge of the administration of his property.

Question 18

Who is preferred for appointment as a representative for an absent person?

Answer 18

Art. 383.

The spouse present is preferred for appointment as a representative if there is no legal separation. If no spouse is available or the present spouse is a minor, any competent person may be appointed by the court.