Professional Documents
Culture Documents
Persons Outline
Persons Outline
Persons Outline
HUMAN RELATIONS
Articles 19 - 36
Concept of Restoration;
Prevention of Unjust Enrichment
o Nemo cum allterius detriment protest
No person should unjustly enrich
himself at the expense of another
o Nemo ex alterius incommode debet
lecupletari
No man ought to be made rich out
of anothers injury
Essential Requisites of an Accion in Rem Verso
o One party must be enriched and the other
made poorer;
o There must be a casual relation between
the two;
o The enrichment must not be justifiable;
o There must be no other way to recover ;
Court Vigilance
o The courts must render justice, and
therefore, they must be very vigilant in
protecting the rights of the party that is
on a disadvantage with the end view that
rulings should be made in consonance
with what is right and legal
o Disadvantage must be take on a case-tocase basis
Parens Patriae father or parent of his country
Unfair competition
o Democracy becomes a veritable mockery
if any person or group of persons by any
unjust or highhanded method may
deprive others of a fair chance to engage
in business or earn a living
Test of Unfair Competition
o Whether certain goods have been
intentionally clothed with an appearance
which is likely to deceive the ordinary
purchasers exercising ordinary care.
1. Freedom of Religion;
2. Freedom of Speech;
3. Freedom to write for the press or to maintain a
periodical publication;
4. Freedom from arbitrary or illegal detention;
5. Freedom of suffrage;
6. The right against deprivation of property without
due process of law;
7. The right to a just compensation when private
property is taken for public use;
8. The right to the equal protection of the laws;
9. The right to be secure in ones person, house
papers, and effect against unreasonable
searches and seizures;
10.The liberty of abode and of changing the same;
11.The
privacy
of
communication
and
correspondence;
12.The right to become a member of associations
or societies for purposes not contrary to law;
13.The right to take part in a peaceable assembly
to petition the government for redress of
grievances;
14.The right to be free from involuntary servitude
in any form;
15.The right of the accused against excessive bail
16.The right of the accused to be heard by himself
and counsel, to be informed of the nature and
cause of the accusation against him, to have a
speedy and public trial, to meet the witnesses
face to face, and to have compulsory process to
secure the attendance of witness in his behalf;
17.Freedom from being compelled to be a witness
against ones self, or from being forced to
confess guilt, or from being induced by a
PERSONS
CIVIL PERSONALITY GENERAL PROVISIONS
Art. 37 39
Person any being, natural or artificial, capable of
possessing legal rights and obligations. (2 Sanchez
Roman 110).
2 Kinds of Persons
Natural persons human beings created by
God through the intervention of the parents.
Juridical persons those created by law. (2
Sanchez Roman 112-114).
a.
b.
c.
d.
Juridical Capacity
Passive
Inherent
Lost only through
death
Can exist without
capacity to act
a.
b.
c.
d.
Capacity to Act
Active
Merely Acquired
Lost through death and
maybe restricted by
other cause
Exist always with Jur.
Cap.
Significance of 38 and 39
o To make an overview of the situation that
qualifies a persons power to undertake
acts which can produce legal effects
o The consequences of these restrictions
and modifications in a persons capacity
to act are provided
o Article 38 restricts capacity to act
o Article 39 is broader in scope but it
enumerates situations which merely
modify the capacity to act
PERSOSNS
NATURAL PERSONS
ART. 40- 43
2 kinds of children;
o Ordinary with an intra-uterine life of at
least seven months. (Mere birth is
sufficient here.)
o Extraordinary if the intra-uterine life be
less than seven months. (Here the child
must have lived for at least 24 hours)
Commencement of Civil Personality
o Article 5 of PD 603 Child and Youth
Welfare Code amended Art. 40
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 Art.41
o A conceived child although not yet born,
is given a provisional personality
Has right for support
o For
purposes
of
inheritance
and
succession, a child already conceived at
the time of the death of the decedent is
10
Birth Certificate
o The best evidence of the fact of birth
o The entries therein are only prima facie
evidence
Can be rebutted by competent
evidence
o In case of an exposed child
The person who found the same
shall report to the local civil
registrar the place, date, and hour
of finding and other attendant
circumstances
I case of an illegitimate child, the
birth certificate shall be signed and
sworn jointly by the parents of the
infant or only by the mother if the
father refuses
In the latter case, it shall not
be allowed to state in the
document the name of the
father
who
refused
to
acknowledge the child
Commencement of Civil Personality
o Birth
records,
including
the
birth
certificate are strictly confidential and the
contents therein cannot be revealed
unless the cases provided by law
o Art. 7 of Child and Youth Welfare Code,
birth certificate can be issued to:
Proof of Death
o Art. 43 applies only to persons who are
called to succeed each other
o Proof of death established by
Positive evidence
Circumstantial evidence derived
from facts
o Can never be established from mere
inference arising from another inference
or from presumptions or assumption
Presumption of Survivorship
a. If both were under the age of fifteen years,
the older is presumed to have survived;
b. If both were above the age of sixty, the
younger is presumed to have survived;
c. If one be under fifteen and the other above
sixty, the former is presumed to have
survived;
d. If both be over fifteen and under sixty, and
the sexes be different, the male is presumed
to have survived; if the sexes be the same,
then the older;
e. If one be under fifteen or over sixty, and the
other between those ages, the latter is
presumed to have survived.
12
PERSONS
JURIDICIAL PERSONS
Art. 44 47
Art. 44. The following are juridical persons:
like
the
Juridical Persons
o A being of legal existence susceptible of
rights and obligations, or of being the
subject of juridical relations
State
o The state and its political subdivisions are
juridical persons
o Sovereign person with the people
composing it viewed as an organized
corporate society under a government
with the legal competence to exact
obedience of its commands
o Can enter into treaties and contracts
o The state cannot be sued without its
consent
Consent
implied
when
the
government enters into business
contracts, thereby descending to
the level of the other contracting
party
Or when the state files a complaint,
thus
opening
itself
to
a
counterclaim
Political subdivisions
14
Dissolution
15
PERSONS
16
o
17
Said
country
maintains
armed forces on Philippine
territory with the consent of
the Philippines
Cancellation
of
certificate
of
naturalization
Declared as deserter of the
Philippine armed forces in time of
war
In case of a woman, upon marriage
to a foreigner and he law of the
latter dictates the she acquires
their citizenship
Reacquisition
Naturalization
Repatriation of deserters
Direct act of Congress
18
Domicile
o
o
o
19