Title I. Civil Personality (Chapter 1, General Provisions, Art. 37-39)

Question 1

What is a person?

Answer 1

A person is any being, natural or artificial, capable of possessing legal rights and obligations.

Question 2

What are the two (2) kinds of persons?

Answer 2

The following are the two kinds of persons:

1. Natural Persons - human beings
2. Juridical Persons - created by law

Question 3

Differentiate juridical capacity from capacity to act.

Answer 3

Juridical capacity is the fitness to be the subject of legal relations while capacity to act is the power to do acts with legal effects (Art. 37).

Question 4

What is full civil capacity?

Answer 4

Full civil capacity is the union of juridical capacity and capacity to act.

Question 5

What are some of the restrictions on capacity to act? (5)

Answer 5

The following are among the restrictions on capacity to act:

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

-Art. 38

Question 6

What is the difference between insanity and imbecility?

Answer 6

Insanity is a mental disease or perversion of mentality while imbecility is impaired mental faculties or a condition which a person thinks like a small child.

Question 7

What is civil interdiction?

Answer 7

The penalty of civil interdiction is given to a criminal punished by imprisonment for 12 years and one day or more (Art. 41, RPC). Civil interdiction is the deprivation by the court of a person’s right:

1. To have parental or marital authority.
2. To be the guardian of the person and property of a ward.
3. To dispose of his property by an act inter vivos.
4. To manage his own property.

Question 8

What are some circumstances that modify or limit capacity to act?

Answer 8

The following are some circumstances that modify or limit capacity to act:

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

Question 9

Does religious belief or political opinion limit capacity to act?

Answer 9

No.

Art. 39 states that capacity to act is no limited on account of religious belief or political opinion.

Question 10

What are some of the limitations on capacity to act under family relations?

Answer 10

The following are some limitations on capacity to act under family relations:

1. A husband and wife cannot donate to each other.
2. Relatives cannot testify against each other.

Question 11

When may the absence of an absentee be declared?

Answer 11

After two year without any news about the absentee or since the receipt of the last news, and five years in case the absentee has left a person in charge of the administration of his property. (Art. 384)

Question 12

When may an absentee be presumed dead?

Answer 12

After an absence of seven years, it be unknown whether or not the absentee still lives, he shall be presumed dead for all purposes, except for those of succession.

The absentee shall not be presumed dead for the purpose of opening his succession till after an absence of ten years. If he disappeared after the age of seventy-five years, an absence of five years shall be sufficient in order that his succession may be opened. (Art. 390)