Persons and Family Relations Law

Chapter 3: Juridical Persons

laws
and
organization.

I.
Juridical Person, Political
Subdivisions, Corporation, Partnership,
Distinct Personality and Exceptions

A. Juridical Person

Article 44 of the Civil Code

Article 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
Article 45 of the Civil Code
Juridical persons mentioned in Nos. 1
and 2 of the preceding article are
governed by the laws creating or
recognizing them.
Private corporations are regulated by
laws of general application on the
subject.
Partnerships and associations for
private interest or purpose are governed
by the provisions of this Code
concerning partnerships.
Article 46 of the Civil Code
Juridical persons may acquire and
possess property of all kinds, as well as
incur obligations and bring civil or
criminal actions in conformity with the

regulations

of

their

Terms: (a) Juridical Person a juridical

person is being of legal existence
susceptible of rights and obligations; (b)
State a sovereign person, organized
corporate society under a government with
legal competence to exact obedience of its
commands, as a juridical person it can enter
into treaties and contracts
Rule: the state (a) cannot be sued without
its consent (Article XVI Sec 2 of 1987
Constitution), (b) its consent is implied when
the government enters into business
contracts (descending to the level of
another party), (c) it can be sued but it can
never be held liable to pay for damages
Rationale: the state cannot be made to pay
for liabilities since government funds cannot
be seized under the writs of execution to
satisfy the judgment of the court as it will
divert public funds from where it should be
appropriated
B. Political Subdivisions
Term: Political Subdivisions are municipal
corporations and, in the Philippines, consist
of the provinces, cities and municipalities,
(b) Municipal corporations the local
governing bodies, which have two functions:
(1) exercise of sovereignty, (2) corporate
right (as legal persons),
Rule: Municipal corporations are not
immune from being sued but they can sue
because even though being the agencies of
the state, their charter makes them so.

Exception: they are not liable for damages

when they have committed the liability in the
performance of their governmental duties

(4)

(5)
C. Corporations, Partnerships and Distinct
Personality
Terms: (a) Corporations is an artificial
being created by operation, having the right
of succession and the powers expressly
authorized by law, (b) Partnerships two or
more persons bind themselves to contribute
money, property, or industry to a common
fund
Rule: the obligation of the corporation is not
the obligation of the stockholder, and vice
versa
Exception: the rule does not apply for ends
subversive of the policy and purpose behind
its creation, which could have not intended
by law to which it owes it being (when the
rule is being used for protection of fraud and
crime)
II. Citizenship, Domicile, Jus Sanguinis,
Acquisition of Citizenship, Loss and
Reacquisition
Article 48 of the Civil Code
The following are citizens of the
Philippines
(1) Those who were citizens of the
Philippines at the time of the
adoption of the Constitution of the
Philippines
(2) Those born in the Philippines of
foreign parents who, before the
adoption of said Constitution, had
been elected to public office in the
Philippines
(3) Those whose fathers are citizens of
the Philippines

Those whose mothers are citizens

of the Philippines and, upon
reaching the age of majority, elect
Philippine Citizenship
Those who are naturalized in
accordance with law

Article 49 of the Civil Code

Naturalization and the loss and
reacquisition of citizenship of the
Philippines are governed by special
laws.
Article 50 of the Civil Code
For the exercise of civil rights and the
fulfillment of civil obligations, the
domicile of natural persons is the place
of their habitual residence
Article 51 of the Civil Code
When the law creating or recognizing
them or any other provision does not fix
the domicile of juridical persons, the
same shall be understood to be the
place where their legal representation is
established or where they exercise their
principal functions
A. Domicile
Term: Domicile a fixed permanent
residence to which, when absent, one has
the intention of returning; is a residence
coupled with the intention to remain for an
unlimited time
Rules: (1) change of domicile, (a) an actual
removal of domicile, (b) a bona fide
intention of abandoning the former place of
residence and establishing a new one, (c)
acts which correspond with the purpose; (2)
minor follows the domicile of parents; (3)
husband and wife shall fix the family
domicile

B. Jus Sanguinis vs. Jus Solis

(3)
(4)

Terms: (a) Jus Sanguinis citizenship by

blood (both parents are Filipino citizens), (b)
Jus Solis citizenship on the basis of the
place of birth
Rule: The constitutions concept
citizenship follows Jus Sanguinis

(5)

(6)

of

C. Acquisition of Citizenship
Primary Qualifications
(1) must not be less than 21 years old
(2) must have resided in the Philippines for
10 years in a continuous period
(3) must be of good moral character and
believes in the principles of the
Constitution
(4) must own a real estate in the Philippines
not less than P5000 or must have a
profession
(5) must be able to write or speak English
or Spanish
(6) must have enrolled his minor children of
school age in any public or private
school in the country where Philippine
history, government and civics are being
taught
Special Qualifications
(1) Having honorably held an office under
the Government of the Philippines or
under that of any of the provinces
(2) Having established a new industry or
introduced a useful invention in the
Philippines
(3) Being married to a Filipino woman
(4) Having been engaged as a teacher in
the Philippines
(5) Having been born in the Philippines
Disqualification
(1) Persons opposed to organized
government
(2) Persons defending or teaching the
necessity or propriety of violence

(7)

Polygamists
Persons convicted of crimes involving
moral turpitude
Persons who during their period of
residence have not mingled socially
with the Filipinos
Citizens or subjects of nations with
whom the Philippines are at war,
during the period of war
Citizens or subjects of a foreign
country other than the US, whose do
not grant Filipinos the right to become
naturalized citizens

D. Loss
and
Reacquisition
of
Citizenship
Grounds of loss of citizenship
(1) Naturalization in a foreign country
(2) Express renunciation of citizenship
(3) Oath of allegiance to support the laws of
a foreign country
(4) Accepting commission in the armed
forces of a foreign country
(5) Cancellation of the certificate of
naturalization
(6) By having been declared by competent
authority a deserter of the Philippines
armed forces in time of war
(7) Filipino woman, by marriage to her
husband, acquired his nationality
Grounds for the Reacquisition
(1) By naturalization provided that the
applicant possessed none of the
grounds for disqualification
(2) By repatriation of deserters of the Army,
Navy or Air Corps
(3) By direct act of Congress of the
Philippines