Title I. Civil Personality (Chapter 2, Natural Persons, Art. 40 - 43) Flashcards
State Article 40, Civil Code.
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 Article 41.
When does a civil personality begin?
Art. 5, P.D. 603, states that the civil personality of a 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.
What is Article 41 of the Civil Code?
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.
What is the effect of death upon the rights and obligations of the deceased?
Art. 42 (2) provides that the effect of death upon the rights and obligations of the deceased is determined by law, by contract and by will.
What extinguishes civil personality?
Art. 42 (1) states that civil personality is extinguished by death.
Does one need to acquire civil personality first before he/she could die?
No.
It has been held in the case of Continental Steel v. Montano (603 SCRA 621) that life is not synonymous to civil personality. One need not acquire civil personality first before he/she could die. Even a child inside the womb already has life.
What could happen if there is doubt as to which of two or more persons who are called to succeed each other died first?
If there is doubt, as between two or more persons who are called to succeed each other, as to which of them died first, whoever alleges the death of one prior to the other, shall prove the same; in the absence of proof, it is presumed that they died at the same time and there shall be nor transmission of rights form one to the other. (Art. 43)
