•.
(Art. 38) THE CIVIL CODE 157
Cha".)ter 1
GE!'JERAL PROVISION.J
Art. 37. J"L•ri-lical r.apacity, which is the fituess to be the
subject of legal relations, is inheren t in ·every .aE.tural p ( rson
and is lost only through death. Capacity to act, which is the
j I
power to do act& with l~al ef'"ect, is -acquired and may be lost.
I
(n)
I caru.. ot be modi.fled, extended, or restricted by agreement . It is a
,,,,; Source of Article .-Ta ken from Sanchez Roman (voL 7, pp.112-113) and
fnrr. article 11 of the Swiss civil code. The lat ter provides: "Every man is
' . capable of rights . Subject tc. limitations im posed by law, all men have the same
! .I capacity for ri ghts anrl obligations."
l I
' It Kinds of Capa d ty.-Ca pa city may be (1 ) ju ri dical capac-
ity, and ( 2 ) capacity to act. The union of these two form!' the full
civil ca pacity.11
-I· I
i.' Juridical capa~ty is synonymo11s to legal ca pactty and to
•I l personality. These terms are, therefore , used interchangeably
in the la w. T!-ley all r efer to the a ptitude for the holding and
-Ii
enjoyment of righ ts. On the oth er hand, capacity to act refers to
the aptitude for th e exercise of rights , and is often referreci. to
mer ely as "ca pacity." 1n this sense, it is broadly defined as "the
abHity, pc,wer, qualification, or competency or persons, n atu ~·al
or £...r tH'icial, for the pmormance of civil acts depending on t hei r
5tate or condition (status) as defined or fixed by lnw."12 In the
wor ds of ~e Code, while j uridical capacity is the fitness of ma n
to be th e subject oflegal relations, capacity to act ie the power to
do acts with legal effect.
Sam-e; Comparison.-Juridica! capacity is just one, indi -
visible, irreducible, and esirentiallv the same for all men ; it iii an
inherent and ineffaceable attribute of man, .md attaches to him
by the mere fact of his bei ng a man. But capacity to act :.S condi-
tional and variable. ! t lS acquired a nd n,ay be lost. The me re
11
1 Bonet 49.
u 1 Ro,,1 vie r's Law Dictionary 41b.
156
exist ence of a man is not sufficient t~ confer capacity to act,
because this capacity requires both m.telligence and will; and
since these a re n ot always present in all me:u., nor are they
a lways of the same degree, th e law in some cases denies this
capacity 2nd in others limits it.· Thus, juridical ca pa city can
exist without t he capacity to ac~ but the existence of the latter
implies that of the former . They do ,not always coincide.13
Capacity of Public lnterest.- The capacity or incapacity
of pErsons depen ds u pon the la~. It is determined by l~w and
matter of public inter est.14 Both juridical capacity and capa city
to 3ct are not rights , bu t qualities of per sons; h ence, they cannot
be alienated or renounced.15
Art. es. IV'.t.inori ty, insanity or imbecility, the state o f being
a deaf-mute, prodigality and civil inte r dic tion are m ere re-
strictions on cap acity to a c t, and d o uot e xempt the incap aci-
tatE d person from certain obligatic,ns, a s w h e n the lat ter arise
from his a c ts o r from p r operty ..:-el a t ions, such as easements.
(3 2 a )
S ource o f Artic le.- Taken from article 32, ol :l Civil Code.
Causes of lncapacity.- The caus es of incapacity en umer-
at ed tn this article are minority, insanity or imbecility, the state
of being a deaf-mute , prodigality , and civil interdiction . How-
eve ~, these are not the only causes of incapacity. Some of them
a re m ·m tioned in the next a rticle, such a s fam ily r elations, al -
1en1:1ge, a bl.ience, insolvency, and trusteeship, Others a re to be
fo und in the Rules of Court an d in other legal provisions.
Sam e; Minority.- The a ge of majority commences upon
t.he attainment of the age of 18 years (R.A. 6809); a person
below such age is a u in or, and has a limited capacity to act. The
u.nem ancipated minor cannot enter into contracts (a rticle 13 27,
" 2 Sanche% Roman 112-1 13; 1 Vaivcrdc 21 2; 1 Castan 135-136; 140-142: 1-1 Enn~cce-
rus . '<-ipp & Wolff 325 326.
" l Salvat 350
' ' 3 Von Tuh r 296 : l Valverde 2~1
 158 THE CML CODE (Art. 38)
par. 1 ); but he may be estoppeci from disavowing his contract if
he has misled the other party as to his age.
MF.RCADO VS. ESPIRITU, 37 Phil. 215: The annulment of a deed of
sale was sought on the ground that two of the four parties thereto were minors
(unde1 the Civil Code), 18 andl9 years old, respectively, on the date the instru-
ment was executed. In the J.?eJ of sa!e, however, these minors stated that they
were oflegal age at the t.ime they executed and signed it . and they made the
sane manifestation before the notary public when the document •va11 prepared.
HEL:>: Th~ courts have laid down the rule that the sele ofrt!al estate, effected
by minors who have already passed the ages of puberty and adolescence anci
are near the adult age, whn they pretend to have alr.e ady reached their
majo:ity, while in fact they hav.i not, is valid, anci they cannot be permitted
af\erwards w excuse themsdves from compliance with tht obligation assumed
by them or seek their annulment. Thia doctrine is entirely in accord with the
provisior.s of our law on estopt•el.1
The mere fact that one month after the execution of the con-
tract, t~e minor informecl the other co"ltracLng party of his
minority, does not affect the case; such aubsequent. information
is of no moment, be.:aurie his previous misrepresentation has
already estopped him from disavowiug the contract. 2 Such be-
lated information merely confirms the fact that the other party
did not know of the minor's true age on the date of the contract,
and somewhat emphasizes the latter's b.1d faith in making the
misrepresentation.3
BAMBALAN VS. MA.BAMBA, 61 Phil. 417: The I laintitT who waa a
minor, executed a dP.ed ofaale ofa piece ofland to the d.:,endant. He made no
-------
' Art. 148\ of the Code provides: "'nmrugl. estoppal an admiuion or repreeentation la
rendered conclusive upon the person making it, and cannot be denied or disproved 114
against the peraon relying thereon." . .
;iule 123, IIBC, 68, par. (a) provi( ee: "Whenever a party h~, by h1a owi:1 declara~1on, ect,
or omiaaion, htentionally and duliberately led an~U:•er ~ bel~e~e a particular thmg ~ oe
true, and to a:t upon such belief, he Cfl.nn_o: , in any litigation anamg out of auch declaration,
act or omisafon, be permitu.d to falsify It;" .
' • There is authority to the effect· that the misrepresentation _of an incap.i.c1tated
I
peraon dObB not bind him. "Mi~repreaentation made by a party 114 t.> ha ege doe• not •~P
him from denying that he wu ofage or from uaertlng that he Wll4 under £..(e, at the t!m~ 1e
lffltered into the contract, for t'ie breach of.whiclt e ., acti'.'° ia broug~t. ~~•r the pn~ciple
of "~toppel, the liat.ility resulting from miarep~ntati~ ~ 1ta Jund1c:1l aource m ~•
capncity >fthe person maki.ig the misn.present ,.t1on to bmd himself. If the person makmg
1/ j
the misrepresentation cannot rind himaeU: by a cc_>r.•ract, he _cannot also be bo~d b_y any
;, \ misrepresentation he may have :nP -11' in cor.nection_therewi~. AP ~on ~nte~g mto a
'I ,r
,l ;
contract must see to it that t'1e otne, '.)arty hes sufficient capacity to bmd himself. (Young
,:.. . vs. Tecson, 39 Off. Gaz. 95J.)
• Suen & Chiao vs. Alcantara, 85 Phil. 669.
I\, '
,, i
I;
)
(Art. 38) THE CIVIL CODE 159
representation aa to his age, which waa well-known to the defendant, inas-
much aa the latter .,,as
the one who pWThued the plaintiff's 6nt cedula to be
used in Ihe acknowledgment of the document before a notary public. Plaintiff
now seeks to annul the sale. HELD: The aale ia void as to the plaintiff, because
he v•as a minor at the time ofits execution. The doctrine laid down in the case
of Mercado vs. Espiritu (3':' Phil. 215) ia not applicable to thia case, because the
plahtiff did not pretend tr> be of age, and the defendant knew him to be a minor.
Same; Insanity or Imbecility.-lnsanity includes the vari-
ous forms of mental disease, either inherited or acquired, in
which there is a perversion of the mentality, as when the person
is suffering from illusions, hallucinations, or delusions, unnatu-
ral exaltati.m or depression, or insane ideas of persecution or
pow1?r. Various phases of insanity are known as dementia
praecox, paranoia, s<'hyzophrenia, mania, melancllolia, etc. It is
a munife~tation, in language or conduct, of disease or defect of
the brain, or a more or less permanently diseased or disorderP-d
r,ondition of the mentality, functional or organic, characterized
by perversion, i'lhibition, or disordeted function of the sensory
or of the intellective faculties, or by impaired or disordered
volition.4
An insane person cannot make a valid will or testament
(article 798); and he cannot validly. give consent to co?ltracts
(article 1327, par. 2).
A person may not be in~~~,)>'ut oD;b; mentally deµci'ent, in
which case there is a defect in quantity of mental development,
called amentia, which is di~de4, in~ idioc;y, imbetjlj.ty,. and
feeble-mindedness. These m~ptal ,d,f~ exist ~m bi,rt.h, or
arise during childhood ~µt,e;lllental development i~ ~sted.
The idiot belongs to the low.est cl~. of mental defective; the
feeble-minde(or moron, to the highest group; and the .~ be-cile,
to the medium. The idiot nerer ~aches the stage of s ~
~though :some are
ahre:.,io:_1N¥e,' themselves un~e~tc>Qd Jiy
sign~; sqenti~c ~u,t ~~'Yi~~Jd.iots never de:velop_over ~
inte,llig~ce scale ,oft7-Vo Y,~~~~e,j,J:.Qbecile stands on!'- hi~er
plane qf mental capacity; in this group the mental ages up to-the
completed eig_lith year are-incl11ded.. The feeble-minded ,o~ mo-
rons :omprise the mental ag~s . .
~lnil;le.
. .
to twelve-years.6 ·'. .
\
• Sec. 1089, Reviaed Adminiatrative Code.
' Henog, Medical Jurisprudence, ~06-40&

I 161
160 THE CML COOE (Art. 38)
STANDARD OIL CO. VS. CODINA ARENAS, 19 Phil. 363; Vicente
Villanueva signed a bond aa aurety for defendant Cod.Ina 1 .renu In favor of
plaintiff on December Hi, 1908. On ApriHS; 1909, the plaintiff~ on the bond;
VillanuC'V& did not appear, and was declared· in default. When Judgment
against him was about. to be execntecii; his .wife appeared ard atked that-he be
relieved from the bond and the judgment because he waa insane. It •appean
that he ' N&I declared ineaue on July-24, ,1909, and hie wife wes -appotrited Ila his
gunrdian. The case was reopened and tried, and the ev: ence showed that
Vil!anueva executed the bonC: wi°' .fyl_l,,understanding of t~e nnture and
consequences of the act performed. by him, although he was suffering from a
monom<1nia of great wealth. He waa, therr-fot'e, held liable on the bond.' Upon
appeal, the Supreme Court affinned 't.he judgment of the lower court, enli
HELD: It would have been necef.sacy:t o.ahow.thahuch mon "'mania :was habit-
ual and constituted a v~ritable .nental ,perturbat,ion in the patientj that the
bond. executed was the result of such monomania, and not the f\ffect of an;
other cause, that is, that there v.as not, rtor could there have been any other
cause for-the :contract than- &.1 , osteritation of wealth aria this was ·pur-ily an
effect of.in.ch. monomania of-wealth;..and that the .monomania existed on .the
date wh-.n the bond in question w~si~ec\J,ted. Monomania_ofwP.alth does not
n~ssai_ily imply that the ~ <'~son_is lnf~~a~k of exeC1,1ting a bo:.1~ sue~,,~.~at
in question. '"In our presP.nt knowll:!aige bt' the state of~ental al1enaboh sucb
't
certainty tias aot yet been reiched as-•to , arrant the -conclusiori, in il judicial
!1ecir.ion 1 that he who suffel'B from Uie monomania of great wealth is really
insane and that it is to be pn s .n ed, in the absence of a juwcial declaration,
that ile act& under the in fluence of a perturbed mi .1d, or that his _mind i1
deranged when he executu an ou erou a eontnct . . . . Cal)acity tu ,M- must be
r.upp,>aed to attach to a person w'\o ~not .pnmoualy,been.decla~d incapable,
and such capacity i1 presumed to continue so long as the contrary 111 not proved,
that is at the moment of.h is f.lct ing,h~ \Vas incapable, crazy, insan,~,.or.o ut,ofhia
mind; ~•hich, in the opinion orthis court, ha ... not bsen proved.in thia case."
' . ' ~
Same; Deaf-Mutism.-;--Th(;; old rule that a deaf-mute w~s
presumed to be an idrol, no longer pre-rails; such persons are
now considered as capaqle o( entering into contracts if shown to
1 :
have sufficient mental capacity. 8 A deaf-mute can make a valid
will, so long as its conte_n ts have been communica~d or made
known to him in some practicable manner (article 007). But
when the deaf-mute do.>es not know how to read and write, he
cannot give consent tu contr&.c~ (9:rticle 1327, P,a r. ~), and_he
cannot personally accept or repuffia~ an inheritance (article
10'18).
Same; Civil Interdlctio~-Civil in~rdiction is_an accea-
8011, p~nalty imposed upon per1:1ons who are sentenced to a
prii-tcii:,al penalty not lower than reclusion temporal (article 41 ,
,._ I Martinez VL Martinea, 1 Phil. 18?..
'
• ::>irectcr of Landa vs. Abelardo, 54 Phil. 68'T.
(Art. 38) THE CML CODE
Revis~d Penal "Jode), which is a .peoalty J."&nging from twelve
years and one day to twenty year~. ·
. ~iele 34 of t~e Revieed Penal .Code provides: "Civil inter-
diction shall depnve the oflender :during the time of bis sen -
tence of the rights of parenWautl;iority,. or.guardianship, either
as to ~e person or,property of any,ward..- of marital.authority, of
the ng-it to manage his .j>ropettyr ando:t.the-,right to!diappse of
such property by any act or any conveyance.interv ivos.'r ·
, Same; ~diga~it)'.'-~ A spendthr;ifhor.prodigal ~':~ n
who~ ~Y excess1ve drinking.. ..cambling,.idleineaaorAebaucheey of
a?y kind sh~ so ~pend,. waste:orcles~n hia esta~.e.s: tQ~8:XPQSe
~mself or his;family -~ ·want-or·suffering;":r,,~ ~a~ pf pxodigal-
1ty must shl)W a morbid state.oftajnd-and ·d ia~sition tQ ,spend,
waste and l~s~n the, ,estaoo _to ~di an -e~nt as ~.Jilf~ ~
expose ~e famll?'to,~~t ~-:.Suppo~ or to depriv~ the.;compul.-
sory he~ of.:tb.~1r.legi9JDei1(;iJ -;~, -- - . ~ .·· _,
Prow gality m itself does not limit the capacity,Qf a_person to
act. He ,~ ay e~r into.contta!?t.s:and make.wills disposing pf his
prop my. ~re 1s no specific-..p~vision which-incapacitate.shim
fo~·e.ny p~cular act.MtJ~e-~a~ .beiP,laced,under guatd,iap_-
ship as an mcompetent.under.theipr.o.visions~fRule-93~~ on
2~ 'lf the Rules of CouTt. The moment he is,under guardianship
~s capacity to, ,act ia. r e s ~ : becau111e he, can only bind
himself. by contract through ·his. gu~dian. It seems ,erroneous
t~erefore, to include prodigality in the. -present article .as ~
CU'CU.~tance which:limi~:capacity, because there is no specific
proVJ.s10~ of law,which.implement& this genP.ral .prorurion. It is
not th~ CU'C'_llllBtance.ofprodigality~hut the fact of being under
gu~ant~p, that restricts the capacity to act of the spend-
thriit. U~e the other circumstances mentioned in this article
prooi~ality, independently of guardianship, does not limit th~
capacity of a person for any. juridical act. ·
Iµghts of Incapacitatect·Persons.- The old Civil Code
in ~He 32, expressly stated-thAt incapacitated persons "~
susceptible of rights"; this .provision hat been omitted in the
present article of the Code. This omission is unfortunate and
~onducive to confusion. It may give riae to the inference that the
' Se.. Sec. 669, Act No. 190.
1
 THE CML CODE
162
Code in.tended io suppr~ss the rights of incapacitated persons,
because it retained tl\e reference to their obligationfl .b ut sup-
J: ressed the reference to their rig·.1ts Undoubtedly, however,
oth~r provisions of the Coch will show that t\ey have rights, in
the same manner that othe1: provisions indir.ate that they have
cert.ah c-bligations despite their incapacity. They hav-.1 the right
to support, the right to inhLrit, the right to damages for injuries
caused to them, etc.
Obligations of In<-apacitatetl rersons.-Undei the Cc,de,
oblig&tions arise from law, contracts, quasi-contracts, crimes
nnd quasi-delicts. The present article does not s~ecify what ob-
liga.t i,,ns the incapacitated person may hav(.;; 1t merely says
"certain oblgations," such as those which "arise from his nets or
from property relations, such as easements." The C~de coul~
have been more definite. Th~ fact of the 1.1atter is that mcapac,-
tated perE.ons may have. obligations arising from all sources,
except contracts. . minor or other person without capacity to act, he must pay a
They have obligations ariai~g from law~ su~h as those im-
posed by the le.won family relations. The obl~gations referred to
by the Code as arising from "property relations, such as e:ase-
1 :
mente II are in reality obligations arising from law; the ease-
ments' referred to are legal easements, or those imposed by law,
because the incapacitated person cannot b! co~tract create a
volc.nt.ary easement on his,property. The obligation to pay taxes
is also oue arising from law. . are under their authority and live in their company. x xx
. ·tated persons are also civilly liable for cnmes com-
1ucapaci · ·nal liabil-
mitted by them, even if they are e:tempted from cnnu . .•
ity.1 Thy are liable for quas~-delicts, under the express p1-on
Cod .d . '"l'he exemption ft :imcriminal liability ee-
• .~cle 10~. ~ Penal d :• P;,;;C: and In aubdivia!on4 of'article_ll orthia
12
(Art. 88)
(Art. 88) THE CML CODE 163
si,:ms of articles 2181 and 2182.10
'fbey are liable on quasi-contracts, on the principle that
nob?dy can_ unjustly enrich himself at the expeme of another.
An incapacitated person, such as a minor, cannot bind himself
b~ co:ntract; ~either c~n he receive payment of an obligation
without the rntervention of his legal representative, because
that wou~d ar.aount to a d.i8position of the credit. But he may in
fact receive and benefit from property delivered to him. Thus
when money is delivered to him as a loan, he acquires th~
ownership thereof, but the correspo!lding obligation to pay does
not arise because oflack of authorization of his legal represen-
tative. This acquisition, however, constitutes an unjust enrich-
ment, and, under article 22, he is bound to return what he has
received, or the amount of the enrichment.11 A similar effect is
recognized by articles 1241, 13J9 and 1971 of the Code. 12
On the same ::;>rinciplc, where necessaries are delivered to a
reasonablP. price thJrefore. There is an exrress provision to this
10
Article 2180 prov'dea: 'The obligation imposed by article 2176 (for fault or negli-
gence I roducing damage to another) ia demandable not only for one'■ own act■ or omis■ion
but ala) for thoae persona for whom one ia responsible. '
T '1e lather and, in cue ofhia death or incapacity, the mother, are iwponn"ble for the
damag,!11 cauaed by the minor children who live in their company.
Gua:td~ are liable for damaga cauaed by the 'IIJinorl or incapacitated persona who
!he naponaibility treated of in thia article ahall ceue when the persona herein
menti<med prove that they obar.ved cll the mlipnce of a good father of a family to pnvent
duruige."
Article 2181: ."Wlloever pays for thedamap cau.aed by hia dependenta or employee.,
may recover from the latter what he hu rakl or deltftred in aatiaCactim o(the claim.•
~ • 21~ "1!' the minor or inaane penmi call8ing damage baa no parents or
f uard1an, the mmor ormaane penon ■hall be anawerable withhia own property in an ection
againat him where a guar3ian ad lil«m ■call be appointed."
11 4 Von Tuhr 9-11 , 29.

tabliahed m 111ubd1via1ona 1,2,s:5. an o_ 'l.Uabili"' which ahall be enro- aubject to the

Code doea not include exemptiOI!. frolll CIVl e •J.
" Article 1241 Providea: -Payment to a penon who ill incel)llcitated to administer his
property 11hall be valid ifhe hu kept the thing delivered, or insofar u the payment baa been
1

followin.: nilea: l and 3 or article 12 or the civil Uab!li~• for net.a benefic .al to him. x x x •
/l'int: In caaea of aubdiv!siON • • 2 der nine yean of age, or l,y Article 1399: -W:1en thedefectol'the contrac:tconai■t■ in the incapacity of one of the
committed by an imbecile or it'aane peraon, and ,t ai:r:m~ wit, out dilcernment, 1hall i ,rtiea the incapadtated penM la notoblia-1 to make any restitution except inlofar u he
OM over nine but under ftf\een yean or=~tth~r \epl authority or contt0l, unleaa it hu be. n benefited by the thin, or price ~ved by hin,."
· I I devolve upon thoM 'havln& ,uch pet'IOI\ ·. the\ rt. A rticle 1971: "If' the deposit hu been made by a capec:itated penon with another
\ appears that there wu no fault or ~l~u::!ne i~:Cue or minor un.der hia authority, who ia not, the depositor ahall cnly have an acti.Jn to recover the thing deposited while it is
Should there be i.o penon ~Villi auc be i~lver..t . aaid maane, µnbec:ile or ~ r atill in t!'Mt poeaeaeion ol' the de,>OlitorJ, or to compel the latter to pay him the amount by
legal guardianahip, or control, or if i,uch penon ting property exe111pt from execution, m which hi, may haft enriched or benefited hlmlelhrith the thing or !ta price. However, if a
hall reapond with their own prol)f'rtY, excep third per11on who acquired the +.hing ~ in bed faith, the depositor may bring an action
:ccorlunce with the civil law.• at!9inat him for its recoVP-ry.•

ls

16·1 THE CML CODE (Art. 38)
effect m article 1489 of the Code. Under similar provisions b
the California codt! (sections 36 and -38) it has been held.that the
law im1,ilies an obligation on the,part of an incapacitated person
to pR.y for necessaries furrushed him and his family on his own
credit, because the policy of the law to protect such persons
ugainst their own improvidence does not extend to d£:priving
others of the reasonable value of nt:cessaries furnished them. 13
Medical services necescary·to save the life of a child are consid-
ered as necessitieF,, for tht reasonable value of which the child is
liable.H An insane person is lie.ble for the reasonable value of
necessaries furnished him in a hospital.16 Legal services ren-
dered an incompetent in pror.eedings looking t.oward restora-
tio:i of capacity have bden held to be benefits for which the
incompewnt or his estate is. liable, although they w~re per-
formed at the request of a third party. 16
Reintegration <'f Capacity.-Some cases of incapacity
cease, automatically and th~ .person's capacity is reintegra.t ed
without any judicial actioTh' This takes plece in ,t he· case of
minority, which disapp~ars upon attaining the are of majority,
or of dvil bterdiction, which terminates upon the semc1.; of the
principal __ _penalty; in both ~e se_s, .. the \person becom~s capad-
tated without any proceeding m court upon cessatvm of the
cause of incapacity. But t ~ere are s~e cases of i~capacity
which r~quir.a .ajudicial,tlecr~e..o! competen.::e,to .;enn~te the
inc.a pacity. Rule 98, section 1 ,".Of the Rules of Court provides:
"A per10n who has been declared' incompetent for any reaaon, o~-,hi11
~rl.i.m, relative, or friend, may pe~iti~ . the co~ to have his pi:e11ent
competency judicially determined. ·1'he,pet1tion 11hal be ~ r.tied by oa~h, and
ahal\ state that such person ia ~hen competent. Upon recelvmg thu patlt1on, the
I' court shall f\x a time for her.riiig the qiteet~on 1 raised thereby, and cau,ae rea-
aonal:>le , iotice thereof to be 1,;iven to 'th~ guardian of t?e peraon ~p declared
incompetent, and to the ward: In th,e ~~l, the guar~_iu or relat1ye11 of.the
ward, t.nd, in the discretion of t"1e ~ laj,•.a~yo~er P,er.eon m&.,v coni,et t'he nght
to !he reli~f demanded and witnesses mair be called and examined b~ the
partiea or by the court on its own mqtion. J:f,it,.pe found that the .pera~n 1s ~o
longer ii.competent, hi:3 competency shall be ad,iudged and th~ guardianship
shal,l cease." · ·
; 11Bumand va. Irogoyen. 30 Cal. t2d)$.1~186..Pac. (2d) ,4l 7,
" Bauman vs. San.Franclaco, 4-2 Cat App.,(2d) 144, 108 Pac.,(2dl 989.
11 Yturburru Estate, 134 Cal. 567, 66.J>ac. 7:/.9. · .
• I ,. Stom vs. Armatrong, 31 Cal. Ap;,. (2d) 348, 88 Pac. (2d) 197; Bona vs,,Crowder, 26
• f '
Cal. App. (2d) 49, 78 Pac. (2d) 1039.
(Art. 39) THE VML CODE
1135
Art. 39. The following circumstances, amoq othen, mod-
ify or li~t capacity to actl •'9. lnnnitf, lmbecillty, the ata\e of
being a deaf-mute, r>enalty, prodigality, family relations, alien-
a~e, absence, insolvency and trusteeship. The consequences of
the;Je circumstances are governed in this Code, other codes,
the l l'.nles of Court, and in special bws. Cnpaclty to act ls not
limit:,d on 8ccount of religious belief or political opinion.
A married woman, twenty.one years of age" or· o<Ver, is
qualified for all e.cts of civil life, except in cues specified by
law. (n )
Source of Article.- The fint part of this article is taken largely from the
-:ommentarie,1 of Sanchez Roman (vol. 2, p. 130) and Manreea (vol. l, p. 208).
The rest ia new in the Code, but merely states i;enerally accepted principles.
Circumstances Affecting Capacity.-Some of the cir-
cumstances mentioned in the present article as modifying or
limiting capacity to act are already given in the preceding
article. The enumeration Ip.ade h~_re, however, is not exclusive
of other circumstanceR modifying, capacity to act. The provi-
fi.ons of the present and the P,~e.c~ding article are merely gen-
eral 3tatements of principl~~ll!9-~.;ContrQ)png p;rov:isiop· with
resptct to capacity in each. partic:iJ}ar case being those con-
tained in specific articles foHD,d. e.lsewhere in the Code, in
special laws, ~d even i1:). ~e Rule~.!)fCo~.
Sume; Guardian~bip o( fp,cqinpetents.- The Rule~ of
Court provi~e for the guardianship of incompP.tents. ltule 93,
section 2, defines "incom1,>ete~t" ~ -i_n~uding "persons suft'e~
fro~ the penalty Qf',civil in~rdiction or who arc hospitalized
lepers, prodigals, deaf and .d umb who are unable to read and
write, those who are ofuns~~d nw.i,d, even though they have
lucid inte~als, P.nd persons.'noi l>~ of .1.¥1BQupd min'!, but by
reason of age, di3e¥,~, weak !¢n~, an~ ~thf:r similru:. ~ uses,
c~ot, _withou~ outside ai~, -~~ -~ re,~f ~emselve~r~ ~ m~-
?ge their pi:operty, bec!)mmg die~by an easy prey fpr deceit
and exploitation."
Even without guardianship, persons under civil: interdic-
tion, deaf-mutes who do not know how to read and write, and
" Thia shoe Id now be read as •e ~ yeans ~ age" becawie R.A. 6809, ~ reduced
the age of majority to 18 yeans.
166 THE CML CODE
those of unsound mind, are of limited capacity. There are
specific provisions of law restrict.mg their capacity for certain
ects.18 With respect, however, to hospitalized lepere, .prodigals,
and those who cannot. take care of themselves and manage their
property, it is the fact of gue.rdianship which will limit their
c3pacity tc- act. The management and dispositio~. of their prop-
erty are placed in the h ands of their guardians, · under the
supervision of the com. But if they have ,not been placed under .
guardianship, they h ave capacity to act, because there are no
specific provisions of law limiting their capacity for particular
juridica;. acts; they c&n di:.;pose of their property, they can make
wills or testaments, and they can enter into contracts, so long as
the~• are not su ffering from any other cause of incapacity.
Same; Family Relations.-Certain family relations limit
t he capacity of persons for some juridical acts. Ascendants and
dascen.iantd, brothers <m.tl sisters, and collateral relatives within
the fourth civil degree (as cousins), cannot vr. lidly marry; their
m arriage would be ince3tuous or against public policy and v_oid.
Huflband and wife, d,1ring the marriage, cannot give donations
to ear.h other were ihnited by pteviou3 c<Jnsitutions.
Same; Alienage or Citlzenship.-Citize :iship may affect
the right of persons in matter)i where the State may validly dis-
criminate between aliens and. its citizens for · ~aso.ns of public
policy, wihout doing violence~ t~e equal_p~otection ~f the .lawR.
Some of th~ limitations ori the righte of ahens are u~_pos.~d by .
th e Constimtion, and others by statute. Tb.e following nght s
1
are liicited by previous constitµtion to.Filipino ritizens: (11 The
right to acquire, exploit, deVf!loP,, or utilize the agrieulthral,
timber and mineral lands oft.he public domain, and all kinds of
naturai resources ofthE\ Philippines (A..-t. ~L., sec.1, CoI1stitu~
1 Equality of Sexes.-The,modem social tendency is to con-
tion); (?.) The right to .a~r¢ i>riyate a~cttl~ural .~ds (Art.
XIII, sec. o, Constitution), mcfo4fug reBla~ntial larn\, (3) The
right or privil.ege to uperate public utilities (Art. XIV, sec. 8,
Constitution ), inch.cling ·pu':)lic D"arket stalls;8 and by law, (4)
11 Jee dillcuelion under .IJ'ticle 38. .. .
1 nu, 1987 Constitution remo\ed the limitation to Fihpm011 of tlu,.a n ghta, which
hnve b.!en openeci to aliens. · I
• Krivenko •,a. Regieter ofDeeJa, « Off. Gu. '171.
• NgTing va. Fugoeo, (C.A.) 45 Oft'. Gu. 2545.
• Rule 138, HC. 2, Rules c.fCourt.
(Art. 39) (Art. 39) 'l'HE CIVIL CODE 167
The right to practice law' or to practice medicine,6 and (5) The
right to engage in coastwise shipping.•
Same; Absence.-A person is absent when he disappears
from his domicile, and his whereabouts are unknown (article
38i ). He cannot properly administer hie properties, and so
an•ither person is appointed to administer them (article 381).
Continued absence may even give rise to the presumption of his
dea·;h (article 390). However, the absentee may be alive some-
where, and, if not otherwise incapacitated, his acts in such
othEir place are perfectly valid. He can everl. alienate-hie proper-
ties without thE: knowledge of those who administer them in his
domicile, and the aHenatfon would be valid to ~ nfer title upon
the gran.;ee (article 389, par. 3).
Same; Insolvency ·a nd Trusteeship.- When a perr.on
has been adjudicated as an insoivent, hie capacity to dispose of
his property ber.oraes limited. He C8llllot dispose of his-property
existing at the time of the commencement of the iruioivency
proceedings; and no payments of property or icredit can be made
to him. 1
Physical Condition.- In some cases, the physical condi-
tion of a person may limit capacity for certain acts. Thus,
physicnl incapacity to enter into the married state, or impo-
tE-nce, is a ground for annulment of marriage (article 45(5),
F amily Code), and a person who is blind, or deaf or dumb,
cannot ~ a witness to the execution of a wiU (article 820).
Circumstances Not Aftectlng Capacity.-The Code men-
tio~ only religious belief and political opinion as the circum-
stances not limiting capacity t.o act. H owever, there are others,
such as r,ice and nobility, which no longer affect capacity,
although they did in the past.'
sider woman as a being equal to man, with t1uffi.cient intelli-
5ence and capacity to acquire rights and have obligations in all
activ itiee, whether ph ysical, miellectual, juridical, or social.
Legi:1lation has followed this tendency, and woman is no longer
restricted in her capacity to act simply because of her sex. Thus,
. . .
Sec. 17'12, RevlNd Admlniatrative Code.
• Sec.1172, l\ev. Adm. Code.
'S-. 18 and 24, Al;t No. 1956.
I 1 11.ua!ieNI 358-359.
 THE CML CODE (Art. 39)
1 68
ChaP,ter 2
the political and civil rights of Jnen and women are now the
same. · · · NATURAJ., P~.RSONS
The: few differences t.ha~ el'isted in the law ca1.lllot be con-
sidered as legal modifica:tion.s.-o fo:apacity, but.nE}~essary conse-
quences of the different -pl:iysjcalJ~d physi9logic_a l eiements,of
the male t.nd the female. 'llli.µsj ther,fe)!lE!J,e,. had. aJ~w~r s.ge
requirement for.contract4>,g .maqi_a ge, because.she reach,~~ ~e
. Art. 40.. Birth de~~~:iena11~ ~ut the .~ .!l~~!Y~
chUd ehatt be considered oorn·fo.r ~ -. I ' ~ ,t~a~ are t'~or-
age of p:uberty earlier.tpan we ,m.a l~ Shew.as not .allo:Wed ~ able to it, pt'Ovided it ht, &rn l'attt'wlth the co'lilftWo~ ·speci-
contract a subisequent marriage '\~thin 300 days follo:w mg the fied in thn following article. (29a) . · ,- : . .
dea~ of her first ·husband, b~~µse s~e i.nay be pr~gna~~ ,and ' .

there would .b e a confusior,. of pa~r,mty 0£ .the cluld.. uimpl& &uree of.Artlcle.-::-'ruen-m ·~

.
..old.-Oivil,a.Code.
.I .
adulte1 y on her pan entitl ed the husband to nsk fQr legal . --- -·· -- -· - --
. _;_.

separation, while she was no~ enti.~ed ~ the sai:ne re~e~Y
unless the ac,t of the .t.ushaud_,am9~~ to. corcubmage; t~s
diffel'.'8nce is du e ~ the. fact.-tha,t,. s4n.p}e infidel,ity of the v ife
may i·esult i,n the b));th .Qfcl..U.4x:~~ot be~~~e~1 by the hu9~
band.9 .But the rew-Ft~ uily. ~~ ~~\!l~ P)ubppme~ has al:>ol.:-
Personality from Birtru.:Th;e:,cistence of persotullity of
natural persons ,dependg:.upon:bitth. Birth means the,~oval
of th.e foetus from the ' mothers womb; this may take place
eithel" .n atu:cally or '8l"tifidaD.~ by 'mJr&ical ,m eans. Before.;birth~
t h e foetus is ·not a person, -but -merely' a part of-.the hrtemal

l.
ished these differ ence.,-. orgfJ\s of the mother. Ho~,.er,..because ()fithe eX'peetancy that
,• it may be born, the law protects it and reserves its rights,
making it'l leg&l existence, if it-should be bom alive, retroact to
the moment of i t ~ t i o n .1
L Same; Conceived Chlld.-The law.considers the con.teived
child as botn for' all purpo~~ble ti, ~ µ"'tt m·1~ J:,orn
alive. 1:s r~o"?ality, ~eref~~-has two ~~nsti~ :(1) it is
i;
I
essentially~~. ~,,use~~, ~tll)t fo~ P,~~s r,~ ~_
the child, and (2) it is provisional or cond1tional, because i it
le.to
depends upon the child being bom alive later, such that ifit is
not born alive, its personality disappears as if it bad never
exisced.2
3ame; Same; Period of Conception.-8cience has not
determined the exact moment when conception begins.3 Medi-
r.al experts can only.make esw.natea, but cannot determ,ine the
exact ,:noment. Legally, however, in a n01mal child, the period
of conc.aption is tl1P. first 120 days of the 300 days preceding the
ui.r th of the child.

' l Rual•ro 848.

' \ Salvat 209; l Oyuel011 75.
' l Valverde 247.
. ~57 358· l Ba\daaaarre 279-280; Muflo.:, p. 24; Brugl, p. 61.
• l R uggiero ., • , 169
 (Art. 4 '.) (Ar-t. 41) THE CMLCODE
THE CMT, CODE 171
J7 0

~:-=
The . present, Code, therefore, follows ithe .
Right"J of Conceived Child.-Since the~•eived Gmla is Cole,, such as those of Argentina, Chile, \Alum~ont °!.many ll10dern
alr1..;ady considered as born for purpvse~ favorable to it, ·it can 1'he Columbi11 code provides: •Art. 90 ia,,anti ~umana..
acquire and enjoy rights v. .r=l ~ it is in the me ther's womb. it comme:1ces at oirth, that is, when completeiy ~atence of a penon

may, tl-ierefore, be giv~n donations; it can inhP.rit by will or by

foetus ,hatdiea in the mother's womb,IJ'l"whlch perub
s~para!ed from ita rMther, or which hu not
m the_motber. The
mrviV: !:tiore it d ~pletely
am~le rnatant, shall be considered u not having t:xisted at all. ,."P~tion for a
intestacy. Chil.i c,xle hu exactly the same provisions. Article 74 of the
It has been held that the .nterests of the conceived child for
' The Arg.mtina code provides: "Art. 70, The exinence of .
purposes of which he is ..::onsidered born, are not limited to his f~om con<:9ption in the mother's womb, ancl. before birth th ~~ begins
right of inheritance or property righ~s, but embr~ces b'oth per-
sonal and property rights, including the right to compensation irrevocable if the conceived child is horn with life even onl
s<?paration fr1>m its mother.• '
rta
~ighta as if~ey Wf!re already born. The acquisition ofthoeeeyri Y cqwre some
aball become
Y or momenta after
for personal injuries wrongfully iuflicted.4 An unb.orn child ' s Th~ Loui11iana code (article 956) provides: "When t.he child is bo r
entitlec. even to support frnrn bis £athPr 1 who IDeY be "arope))ed ~ though 1t may have been abstracted by force from ita moth-'
h 1· ed b t • .
b ma ive,
...-awom ,andmay
~ t iftbe mother cannot. 5 . ave _1v u an matant, provid~d the fact of ita livinr ia ascertained it
mher1ta the ~ucceasiona opened in its favor since its concept1.on. and tran '·ta
In a ca!le where tht plaintiff,begot a child with the defen- them accordingly." mu
dant, the lattei- wrote letters to,;a priest re<.ognizing the chlld as
his, before the child was born, asking the priest to baptize the oeparat'ion fro m Mother.-The total separation of the
,.
child r.fter it was born; it wa~ held that those letters could be the foet~a. from the mother's womb is produced by the cutting of the
basis of an action for the· compulsory acknowledgment of the umb~hcal cord, ~hether the remov.31 takes place naturally orb
child by the defendant after its birth.1, surgical operation..i Y
!. ~ve at Bu:th,-All that the law requires is that the child
I oe a.we at the tune of complete separation from the mother's
worn?·. ~e d~a~i~n of extra-uterine life is immaterial; for
It Ari- 41. For civil pU11)0ses,.the•foetus is,considered born ~cqu1s1tion of Jundical personality, ·it is enough that the child
if lt ta alive at the tl:me lt la ~mpletely delive~ from the hvee even for an instant.e ·
mothet"'a womb. Howevel!', if the (~tus had an intra-uterine life . Bame; Test ,of Life.-Proorthat the foetus was alive at the
of lM& than aeven months, it _la not deemed bom if it dif!s time of separation from the mothers womb is sometimes diffi-
within twenty-four bo\::1'8 Jur lts complete del"very from the cult .. There is no special sign of life, and in many cases expert
maternal womb. (30a) medical evidence will be necessary. It must he sbcwn tbet the
child had an independent life~ this must be its own extra-
Source of Article.-The Code CommiHion cites arti_cle 30 ohh~ old Civil
of this article. Under the old Code, it waa prcv1ded that uterine hfe, and not a mere continuation of its intra-uterine life.
Code as the SOurce ti d r 'wenty-four hours Pulsations, convulsive movements, and incomplete convulsive
j "only inch foetu• which bu a hth~Ll ormb anhall i:;:nsideredbom." The respiration are frequently a mere continuation of intra-uterine
ted from the mo ei: s wom , • .
I I comp1e tel Y Pep ara been r . ated because science baa sho,wn

p: requirement of a human form bas . . ,e im~ rs ·a re not born alivP-. And

that e,•eryfoe~ born alive has:hutn~~o::uirement ofauch a period
the 24-h?~r penod ha•1·beent : omb.~..:,. the fact of being alive i• the significant
life. 'fhe general opinion is that indepen(knt life required for
juridical personality can be shownbnly by comple:te respiration.
The cry of the child, although it is not a nl>!tessary sign of life, is
for aooumng persona 1 y 11 ar 1... ~.,--, evidence that it has acquired complete respiration. Another
fact.~

McPheeten,33 .2Adri2ft~;9~c~fJ~~:~;!;;!!::~:~.~SCRA
, Scott vs. Cal<
• l Camua 67-68.
• Kyne va. Kyne, S8 Cal. Apr . ,
• l Ruggiero 3«; 1 Oyuelo& 77-78.
132. S . 58 Phil 866, Note: Actiona for compullOl'Y reqnition have
• De J eeut, va. yqu1a, . the Ph" ' ·nea
been abolished undJr the new Family Code of 1,1pp1 •
, Conimialion, pp. 79, 124-125.
 172 THE CML CODE
r indication of complete respiration is the floating of th 1
h l d· . .
w en P ace m water; dus mel".ns that air has penetrated · t 0
e ungn
the lung<1 by breathir~g.10 · m
~am~; Via~ility N~t Required.-French law requires not
only ~~a~ the child be ahve but also viable at birth; the latter is
not :-:-€qu1r_e d u:.1d~r our law, which, like the German, requires
only t~at ~t b~ alive evP.1~ for an instant. Viability means that
the cluld 1s capable of living, and this is determined by the
~~nt of the development of its organs. If it is incapable of
l~vmg, because of too premature birth, or due to some imperfec-
tion of ~e organs, it is not viable. But if it is of :...uch sufficient
maturity of development as tc enable it to live outside of the
L1other's womb, it is viable. This requisite is dispensed with
under our law, which in effed conclusively presumes viability if
the foetus is alive when completely separated from the mother's
womb.~ 1
Premature Birth.-The-Cqde requires that.the child should
lfre at l~ast 24 hours after compl~te separation from,the mother's
womb, ifit had an intra-uierine life ofless than seven months.
In this case if the child does not Jive 24 . hours completely
separated from ' the mother's
''
W(?mb, ,i t,does not acquirtl juridical
personality. This is so, even ,if t~e- chil~ is )tilled before !hat
period lapses and it .can be prµyed .t hat 1t could have survived
that pP.riod if it had not been prevented by the ~lful act ·of
another. The same ccnclusion;] nust;bereached even if~e;~e~th
should be through au accldent. 12. On the other handJ Jund1cal
personality is acquireci. even. if. the survival for tw:entr-four
hours is caused only by medical or scientific means without
which the child would have ~ed before the lapse of that pe-
riod.13 . . .
Thls provision wiil ~ difficult to apply in many cases, be-
cause of the impossibility of determinig the exact date. w:hen
'Conception began. · ··· ·· · · · . · tl t ·
...1 f Proo1 There arc some who mamtain. ia m
B mv.en o ,.- . · , • d d th
case of doubt as to whether the child W4S ;,om ahve or ea , e
- -- -~ Pl · I & Rip,1rt6·
,. Va1verde 2-'9-250; 2 Borj~ \93-194, quoting from Demolombe; 1 aruo
Bru,i, p. Lil . . 1 BS-l90: BnJii pp 51-52.
11 1 Planiol A Ripert 6; 2 Boria · ' ' · Ama di 66.
•• 1 .Manresa 205; 2 Sanchez Roman 1715; 1 Navarto n
u 1 Navarro Amandi 65; 2 Sanct.ez Roman 175.
(Art. 41) (Art . 42)
THE FAMILY COD E
173
pre:mmption is that it was alive, and the b~·den of r .
the party who aileges the contrary · •• Thi !' 1s P oof is on
. expressly
• pro · d d
m the
th th Argentina Code (article 7fl) Others h
' · _vi e
, owever, mamtain
at e party who claims a right baseC: on the j .d'1cal .
tence. of the child has the burden of proof that th ~d e_xis-
juridical personality.is ec acquired
There_is_ no expre~s provision on this point in our Jaw . Article 43 on
!!.~ vorsh1p 1s not. applicable, because that article presumes that there are two
hvmg persons who have both died; while in the case undllr consideration it is
precisely th~ very fact of life of the foetus that is in quP.stion. '
. A reading of the present article, however. will show that the fact of being
.ilwe_.a_t t.'il: .t,me of birth 1s made a condition for juridical personality. If it is a
cond1t1on, II cannot. be presumed, and the bur<len of proof must lie upon tho
who claim that the condition has been fulfilled. But once it is shown that t:e
ct,ild was born alive, the1e is a presumption of continuity oflife; and if the child
~ad. an intr~•uterine life ofless than seven months, the burden of proving that
1t did not hve 24 hours after complete separation from the mother's womb
would rest upon him who alleges it.
Damages for Death of Foetus.-If the foetus dies before
bir.h because of ~OJre injury inflicted upon the mother, such
foetus never becomes a person. But can the mother recover
damages for its death? This was anowered affirmatively in a
case decided by dle Argentina appellate court, which allowed a
mother to recover moral damages for the death of a ~tus
caused by a transportation accident. 111
Art. 42. Civil i:,ersonallty is extinguished by death. The
effect of death upon the rights and obligations of the deceased
is determined by law, by contraet and by will (32a)
So~-ee of.Arlicle.-The first paragraph is from article 32 of the.old Civil
Code; the second paragraph is.a mere rettatement of an accepted principle.
Natural Death.-This l\l'ticle refers to natural or physical
death, because this is the only kind of death recogniz~d by
14 1 vyueloe 77.
, , II 2 Bol]a 194,
II Deciaio"l or August 25, 1987; 3 Antokol~ 58.
 THE CML CODE
174.
present legislation. The law does not recognize the so-called
"civil death," known to legislation in the past, by virtue of which
a man who was alive was considered as dead for all purposes
because of a co:1viction fm· cdme or of the takir1g of a religious
profossion.
Effect on Rights.-Upon the death of a person, the subject
oflegal relations disappears. Some of his rights and obligaticns
are completely extinguish( d, while others are t~·ansmitted to
his s-.iccessors. The extent oi such transmission or extinguish-
ment depen:ls upon the. law, the;contract, or thP will involved.
17
Estate Continues Personality.-For certain purp< ses,
after the death of a p~rson, ~~ .p~rsonalit:r. is cle_emed to con-
tinue in his estnte. InE:llings ,vs. Sta.:e, 107 lnd. 54, oJ.l.E. 914,
the court held: "As the estate of,a.decedent is in law r£garded as
a person, a forgery com:nit:ed after tl: e death of the man whose
name purports tC' be sign ~ to the forged i:.1strum~nt m~y _be
prcsecuted as with the intent to defraud the estate. In this Ju-
risdiction, there are ample prec~dents to show that the estare_ of
a deceased person is also considered us having legal.personality
independent of the heirs.18 It has been held that th~ estate or
the mi:iSS of property, rights and a:.sets left by the decede~t,
instead of ihe heirs directly, become vested an~ charg~d with
his rights and obligations w:hich survive after ~s d_em1se.hi[!nh-
al te rights and obhgat1ons w c
der the present leg sys . m, ; d d fulfilled only by the
survive after death have to be exercise an
est.ate of the decea;d.u ~While some rights and obligations
Corpse Not a erso~- and ma devolve upon his estate or
of a deceased person sUI"VlVe .b! con~idered as a per~on. It.
his !.ieirs, his corpse can•n".>)o_n gerb
. ' : •. . n·a1·cal capacity is
b' ct frights· ecause JU •
cannot be the su ~e oL . th
regulation of human social
extingt•ished by death. _aw is ,e death from the human
life When the deceased is,remo'I e~ by t . 1·t i·t· i's absurd to
· . h b ft of all mteres 1.1.1 ,
community and is~ .us . ere. aw r.s a subject of rights. Upon
give him any part,c,pat1on u~:ru ·n the juridical sen~e, if by
death, the corpse becomeds a 11 ;~~real objects susceptible of
things is to be w1derstoo a c . State va. Fear, 1« W'11. 79,128 N.W.1068; Morton va. Wlltlm Union, 180 N.C. 299, 41 S.E.
. (SC ) GR No L-1~99. February 28, 1962.
"1 Ruggiero 402; see Butte ~s~TT~ ~hi!. 712, 7J.7.' ,
f
,. E11tate of Mota vs. Co.1cepc10 .Pedro Fragante, 80 Phil. 776.
\ t LiurjOCo vs. Intestate Esta~ o
(Art. 42)
<Art. 43) nB :::rvn.conE
175
I
being under our control, although this control . . .
ownership. This is the pre-,ailing opinion.to is not identical to
Art. 43. If there .fa a doubt, aa b.etween _._ .
IIODS wh
0 arc c
an-~ •wO, 01'..more per-
cu to aucceed each oth~ aa to which f th
died lint, whoever alle,ee the death of 0 .;.. ~ ~~ athem
ahall prove the same; in the absence of proof, It is
t.hat they died at the aamc, time·and there shall be 00 ttansmis-
presum:
aion ofrighta from one to other.(~)
Source of Artlele.- Taken ~m articie 33, old Civil IAde,-
Appli ca·t ion of Article.-This article applies-only when
the ;iuestion of survivorship involves penons "who are called to
sue<:~ each.other." Hence, it cannot apply to other cases which
?n not mvolv~ succes~on. For ~stance, if the insured in a life
msurancP. policy and bis beneficiary have both died, this article
would be inapplicable, because the insured and the beneficiary
are not called to succeed each other with respect to the proceeds
of the insurance.
When the per&ons involved would succeed each other how-
ever, then this article applies, whether the death be a ~ or
me:"'.'ely presumed from absence or other cin.'Ulllstances.1 Thus
U: F'e~ died in Paris on Janu,ary 15, 1950, and bis s~n ·J u~
d1~~ m London on the .same date, but the respective hours of
thell' ~eaths cannot be established, there will be no transmis-
sion of rights between them. The propP.rties of will be Juan
inherited by his own heirs (~eluding bis father Pedrol, and the
. properties of Pedro will be inherited by bis heirs other than
Juan. The same resuit follows if both have been absent for over
ten years, and are, therefore, presumed to be dead for the
purpose of succession (article 390).
• 1 Valverde 238-23{,, cltlnr Roell and Blume; 1·I Enneccerua, Kipp• Wolft'54&-549;
,84: Morril ft. Lovett, 95 Me.185, 49 Atl. M In Brooke"' Bolton. 211 Mia. 277, 97 N.E.
'/60, it waa uid: '"nlat which ronlti"Mtes a pmon ia eeparated ft-om the body by death, an-!
that which remaina ii "duat 1\1\d ubea."'
1 9FabrN2'.
 170 TRE CMl.. CODE (Art. 43) <Art. 43)
THE CIVIL CODE
177

Same; Presump1tion in Rules of Court.-Rule 123, sec- ~apist~ano echoes t:.:us when he said: "The presumptions estab-
tion 69, paragraph (ii), provides: luhed m Rule 123, 1:1ecti('ln 69, of the Rules of Court whi h th
Code Com~ission discarded, are mere guesswork.,,; c e
"Wben two or more penons perish in the same calamity, such as wreck, Ass~ng ~bat the Code Commission intended to repeal the
baltle, or conflagration, and it is not shown who died first, and there are no presumptions m the Rule!! of Court was that repeal
particulc.r circumstances from which it .can be inferred, the eurvivol'l!hip is ?I · ' accom-
pli s hed . t 1s not enough that the codifiers wanted to re eal th
pretmmed from the probabilibE.:e result\ng from the strength _a nd age of the
sexes; acordingto the follovring rules: · · . Rules ~f Court pro~sion; it is.necessary that such repeJ can~
-i . Ifwth were undet the-age of:i.6 years, the older is presumed to have fow1d m ~e law itself. An intent to repeal an existing law
survived· • cannot be given ~ffect unless found in the subsequent law. The
"2. 'If both were above the age ,of,6_0 , the younger is preaun., ed to have rufo that the intention of the legislature is controlling in the
survived; • d to l~terpretation of do~b~ px:ovisi_o~ of the law, has ~o ',;,.pplica-
"3. If one is under 15 and the other above 60, the former 11 presume
tion here, because 1t 1s not the meaning of the law that is in
have sU1-vived; - h 1
"4 If both be over u, and under 60, and the sexes be different, t e ma e question. The question is whether the Rules of Court provisions
I !: is rea;uned to have aUl"ived; if ' ,he sexes be the same, then the older; are in force or not. The repeal by.~bsequent statute can. only be
p "6. If one be under 16 or over 160, and the other between .those ages, the either express or implied.. Admittedly, there is no express re-
i I! latter ,s presumed to have,.1urvived."l•
I I
peal. Is there an imrlied repeal? Tested by the provisions of the
law itself, we believe that there is no implied repeal of this case.
S • Criticism of Th~ories.-WhJe the Civil Code es-
r .. ame, · ·1 d th the Rules of
tablishe.s a presumption of simu tane~u~ ea , .
Cowt establishes a prtsumption of pnonty of death occurnng
In the first place, implied repeal is accepted only when there i• a manifest,
n~aaary, and irreconcilable inconaiatency and repugnancy between two pro-

i
~
II
in ca\amities. .
•rhe presumptions es
tabl' hed in the Rulef of Cour.t };lave
~s d •thout any real basis. 2
·t · · ed as absurd arb1t1·ary an Wl
been en 1c1:,: . ,, b
'l'bis view is shared by me~ ers 0
fthe Code Commission whic
• h
v1e1ona, such that the two cannot by a fair and reasonable construction be
reconciled or allowed to stand together. TI. '. s inconsistency does not.exist in the
present ca11e. The Civil Code pro vu.ion applies only to the deaths of persons
who are called upon to succeed ead1 other, the Rules of Court can still apply to
those who do not succeed each oth~. such as an in!lured lllld hie beneficiary.
,I And even between thoae who are called upon and aucceeded each other, the
Rules of Court can apply to the ap,lcial case of deaths in the aame calamity,
drafted thh_e 1!,~se:!;tdt~: presumption of simultaneous death while th ? Civil Code can apply to all other CUb.
Cn t e ow 1er . to norms., reality, because
has also been criticized ~ ~ntraryf
In the second place, the rule ii that a general statute, auch as the Civil
i the same c~lamity do not all Code, does not generally repeal by implication an existing special provision. It
\ even in cal ~m1·t·ies, the. victims
. - o · must be noted that prior to the enactment of the present Code, the Rules of
Court presumptio1.11 already existed aide by aide with Article 33 of the old Civil
die at the eame time.". f C urt Repealed?- There is every in- Code, which is the source of the present article. Article 33 of the old Code was
Seme,; ~ Rules o _o . . .sion int.ended t , repeal the..i;>r.~- a general ntle applicable to all casea of death, while the Rules of Court provided
diCRHon thflt the C?de °i:rrt1?
1
~the Rules of Co~. Dr. Bo~pb~, an exception applicable only to deatha in the aame calamity. Since the new
sumptions on survivors. p_m , . . ''lncidenta11y, Rule 1~~~ Code merely continued in the preeent article the provisions of article 33 of the
old Code, th;.s article must rems.in subject. to the same qualification or excep-
chairman of the Commiss1c,,n,
· , _,__ says.
· · repealed b ecause
' d_ the
,, tion already established by the Rulea of Court. This is in coneonance with the
section 69, (ii), of t~e R~des (?f, c:t;;letimes abs,1rd."" D'ean
' I
i rule that "w~1ere the scheme of revision clearly implies a compilation and cou-
I
I
~ ,,, j~ presumpf -ons therein la1 aown . tinuation of existing general laws, togethdr 'Pith such changes as are nece~
' o hannonize them, the reviaed laws will not operate as a repeal of a speaal

~ '.f I, . h (ij)-ofthe New Rules of Court.

•• Now Rule 132, sec:1 ion 5, .P~t;a(ll'8P . . . mission .
statute which has already cngrafted an exception upon the general law."1

I· s 9 Fabre11 194; 1 Antokoletz 50. 950 eubmit.ed l:,y the Chairman. Code Com '
dated Julv 22, 1 , · Civil Code, vol. 1, p. 51.
i d
s Memoran ":m, on Codi\t tion of the CongreH. ' 50 Am. Jur, 56J : Annotation to 88 Am. St. Rep, 268; Richard vs. Mar~e\ Exchange
to the J oint Comtn1W'e J . t Comnittee on Co>:lifica- Bank, 81 Ohio St. 348, N.E. 1000.
• 1 Ruggiero 411. J l 2" 19'-0 submitted to the om
• M.imorandum, dllted u Y ~, • '
tion of the Congress.
178 THE CMI , CODE (Art. 43)
In the third ~lace, the ~f\ers l'. ad at·their disposal-the texts of foreign
codeR wh1cl- provide fer the pl'\!aumption of , _imultaneou1 death evtin in case• of
calamit ies; they coul<l. have carried out ~eir intention to ~peal the Rules of
Couit provit ions hy modifying the pre10nt article 10 81 to include cases of death
in 1..alamitle1. 'nti1 would bav, cr~ated the ne :e11ary inconsistency which
would me.m an implied repeal. 'l'l- ~ir failnre to do ao gi 1e1 ri~e to the legal
infettncw, that, whatever their inter.tion may have beeu, such intention was
never ~llffled out, but wa& t'n,strate-i by their own oversight. Thi• i 1 a case of
the accc,mphshmeut falling .sh~rt of the intention. The ~rman code,. for
instance, from which many proV1sions have bee1.1 taken and m_co~uted mto
the present Code, provides (article 20): "If several ~~ns die :n '!' ~mmon
dangtr it is presumed that they died at the ar me time. The c.;olombia code
(artid~ 95) provi.:ea: "lftwo or more pe~n• perilh in the aomc event auch ••
. ·1r a - earthquake or battle or J..., any other caust whatsoever, and
sh 1pwrec,., ~ , • · • "J • "d d
the order in which they died cannot be ascertained. they s~all be cons1 er: as
if they h"d died at the same time and nOt"e had survm,d the oth~ra. An
"d tical provision is found in the Chile code (artick 79). The_Argentina code
~ e:cl 109 ) states: "If two or more persona died :.n a common dL80Bttr, or un~er
ar e . tancu in such manner t;at it cannot be known who died
~ o!~r ;:::ed that they died at the same time, ~d there ahall be no
':._;~~on .t-rights between t."lem."Now, all these foreign codea hthnve·beefin
tr ansu.... o• 0 • , • • h t Code and were ere ore
source11 of some articles or p~•risiona: \ ~1::-:r1the Code Commission to re-
;=:~=~=~- :'~1:~i~~~::!tia~ti~le~:f ~ :ro~~i:!'::::::i:
provllton.1 hu prevcntedithe reped,•hle.opfrethsent article to atand toiether, withcut
ibl f'or Sd.id provil on• an "
it po,P e ..., and 1-ncilable incon1t1teucy between th em.
any n~JH8.,, .........
L"bapter 3
JURIDICAL PERSONS
Art. «. The following are Juridical penom:
(1) 'rhe State and it• political subdivlnon.r,
(2) Other corporations, instltutiol.18, and entities for pub-
lic interest or 2ose. created by law; thelr pertlOIWlty ~
gfno aa soon aa ~ have been constituted according to law;
(3) Corporations, partnerships and asaociatiom for prl·
vate interest or purpose to which the low grants a juridical
personality, separate and distinct from that of each share-
holder, partner or member. (35a)
Sow-ce of Article,-Taken from article 35, old Civil Code.
Concept of Juridical Persons.-A juridical person is an
abstract being, formed for the realization. of collective purposes,
to which the law has granted capacity for rights and obliga-
tions. Not every association of persons for a given purpose
would be a juridical .person; the State must recognize in it a
sep.ll'ate personslity, distinct from and independent of those of
the inJividuals composing or mana~g it. The entity must be
,recognized .as having its own rights and obligations which are
not the- rights and..obligations- of-its. component members. Its
property is not merged with that of ;ts membem Themembers
may change, but-the juridical person remains subsisting with-
out alteration. Its personality is manifested only in the realm of
patrimonial relations; it has no family and personal rights.1
Kinds of Juridical Persons.-There are three groups of
juridical persons: O) The State and its political subdivisions,
such as provincies, cities, and municipalities; (2) juridical per-
som. for public interest or purpose; and (3) juridical persons for
private interest or purpose.
l 1 Catan 21().211; >. Salvat 587-588,
179
 180 ·rH'E CML CODE (Art. «) (Art. «) TIIE CML CODE
181

Same; Corporations as Persons.- A corporation is an
artificial being created by operation of law, having the right of
successie,n and the powers, a~tributes, and properties expressly
authC1ri-zed ·oy law or incid~nt to its existence.2 The term "per-
soM" m the Constitution indudes corporations; all the guaran-
·~ies tmd :;afeguards of the Con~titution for the protection of the
propercy l)f individuals may, therefore, be invoked for the pro-
tection of the propercy of corporations.I'
The Roman Catholic Church is recognized as a juridical
person in the Philippines: In a case where it was suggeste~ that
the Roman Catholic· C:iurch had no legal pers0nality in the
Philippines, the Supreme Cout said: ''This suggestion m&.de
~th reference to an institution which antedates by .a lmost a
thousanJ. years any other pe~onality in Eur~pe, and Which
extsted when 'Grecian eloqueh:ce stm ·n ourished ;n Antioch, and
wht:n id()ls were still worshipped in the temples of Mecca' does
cot require serious consideration."4
T ..1.e confro,dias . and cap~H~n." ts . .of the Rom~ . (;atholic
Church are also reco~zed.. ~~. Jm;tdical per.sons if th~y were
legally organi~ed un~er ~~ }~~~ ~f .the. ~pa_m~h regi~e ~nd
have by-laws approved by the ~?yernment existing a~.the ~ime
of their foundation; but if _th~~ Vfe-,:e not so o~garuz~d., .~ey
cannot be consider~d at;.)url.d.,\e.al ,persons a~d ~~ot register
11
propelties · 1n · ...,,ue1r
"- · o·wn . names
., . " .·.. .·
• 'When Existence "Beguis.-A nvate co,rpo
• s·
Sam.e, am.e, .. • , · - ·: 11 lo!' ..
\I ratiC1n. · · ·
m a.y be· constituted,by V. e ·ormore•~ •.·
~T'. a titteen a mQ; 0 n·ty of whom are,res1 e1tt. o, the . . . PP~cl
I I ~ , ...., · · · • ' +..
I I -,;;· with the S~curities·and..c.x
er,
o~=g oration. Among o .. matters, ~h~ ..art1cles ofµico,rpo-
\'· of
. . ' rp t t te th~ name the corpor9:~on, the_pu~os.~,Qf
percenturn of the subscription rnU!t have already been ·d
Upon the filing of the articles of incorporntion, the ~~e~
. and .Exchang~ Cumrnis~ion shall issue to the incorporators a
. c.ertificate of 1Fte J:c:potation, and from thjs tiroe tbe corporation
shall begin to eXlst as a juridical person.6
. :3ame; S~e; C!a es of_Co1-porations.- The Corpora-
tion Law providr.s: Co rations may be public or private.
Pub ic corporations are those
1
d or organized for the gov-
erru nent of a portion of the State. Pri~ corporations are those
formed for some private purpose, benefit, aim, or end, as d.istin-
. guished from publ\c corporations which have for their purpose
the general good and welfare. Private corporations are divided
into stock corporations and non-stock corporations. Corpora-
tions which have a capital stock divided into.shares and are au-
thorized to distribute to the holders of such shares dividends or
allotments of the surplus profits on the basis of the shares held,
are stock corp(?rations. All other private corporations are non-
. •
stock. corporations."7
Strictly speaking, public corporations· are-mch only as are
foullded by the government ~for; public pur.poses, where the'
whc le interests belong also to.the govcfillii611t:.~ , the1ef~, the
foundation be priv.ate. though.under the.~ r of the ·govern-
men-';, the. corporation ia private, howeYer~ ext.eDsrle the uses
may be to which it is. devoted, either by the bounty of the
. •• . _ founder or the nature and .objects of the institution. For in-
'sbmce, a bank cr~ted by the go~t for its own uses,
•' no
ons Phili • .
-
whone stock is exclusively owned by the government, is, in the
. es.,
·· • • ti es strictest ~ense, ~· publie corporation. So is· a ·hospital created
- m1:111ss1on_ , .. and endowed by ;the. gov.em_m~~rgeneralcharity. But a bank
whose -~ock is dwned by private persons is D· private corpora.:..
tion, although it is erected by the llo.nrinnmit,. and -ita objects

~
ration mus I! a . . . ,·: ·. th :d: ation of 18 ~'X;l,6tence
pu.rpl•BeS for which ll. 18 fo~~~, · e . :uf .' . · d a~s pf and.operations partake ota-publid ~nature.•
\
which sha).l not exce~i fi~:,ears, -~ eth ,P.8.lll~, an { ~ t o The fnct that theState,is a sha -eholder,ma.pri\18.te corpora-
. .. d "- .ta1 stock.and e,-µ_umt'er o . ... : . .
\' 1ts wrectors an tue-capl ,,· ·· · · · ,,...,. t
. .t . .i:.V l·ded 'if a stock.cocyoration) . .L.Yf,en -:y pe:,, .
,.centum of
t
' i
tion does not impart to -t he company any of tht? sov.ereignty of
the State.9 The State does no~ by becoming a coi:pomtor, iden -
which 1 1s Ul , , , •' b "b d and twenty- ve

~
. 'tal s•to · ck must have been su sen e ' . ' i . , .
t h e cap1 ·
• Se...s. 6, 9, and 11, M No. U59 a a ~
' Sec. 3, Act No. 1459. ·
I , Sec. '2, Art, No. 1459. . . Phil 186 • DartmonthCollegev. Woodward , 4~51S.4,J.ed._630.,
• Smith Bell & Co. VII, Nati•~dbd, 40 c· th ·,. Church vs. P\acer, ll Phi\. 815 . • Brady vs. State, 26 Md. 290.
. 1\1 < I
I
.
• Bar\in •-a. Ranure'&,
7--.il.41· Roman a Oi\C
Cl 'c
• C.ape\\an\a de Tambobonl va. rus,
• oop"-' l 383
9Phil. 1(5; Qovemment VB, AV1la, iXJ Ill • •

' '

~
f..
!k h
 182 THE CML CODE (Art. ,M)
\ (Art. 45)
THE CML CODE
183

tifv itself with the corooration.10 sonality are expressly regulated. In our Code th
·d d , ey are not
~ ThuF , it has been held that the National Coal Company is a specifically prov1 e for; they an governed by the pro · ·
co-ownership.111 visions on
:private corporation. The fact that the government harpens t.o
. be a st.ockholder er in:4_oes not rneke i t a ~ubJic corporation.
t 1s su ~ect to all the pri:>visions of the Corporation Law in so far
as they are not inconsistent with the Act of its creation. M , a Art. 45. Juridjcal persons mentioned in Nos. 1 and 2 of
private corporation, it has no greater powers, rights, or privi- th«:, preceding article are governed by the laws creating or rec-
leges than E.llY other corporation which might be organized for · ognizing them.
the same purpose under the Corporation Law.11 Private corporations are regulated by laws of general ap-
Some• Same; Legal Fiction Disregarded. -The corpora- plication on the suLject. ·
I I
Partne rahips and as8'>Clatlona for private l u ~.or pur-
I tion · b~ looked upon as a legal entity until sufficien~ reason
I po84, are gover:ied by the provisions of this Code concerning
or the contrary viE:W appears. Thus, when a cont~act 1s made partnenW.ps. (36 and 37a)
!
i with a third person by W i11 his own n~e, and W 1s the <:>vn:ier
,, f all the capital stock of the corpC'.'rat1on, and the corpor11t1on Source of Article.-Taken from article■ 36 and 37, old Civil Code.
I ~ al 'th the third person as its agent '"1der the contract, the
e s ~ which W m~de with such third person, becomes a
1· i

I
:~::ct between the lutter and the coryore.tion.J which shall be
What Go,,erne Juridical Penons.-The State is gov-
erned by the provisions of the Constitution; provinces and
municipalities are governed by tht. Local Government Code and
i oound by the contract~2 as Persons.-By the contract of the Revised Administrative Code; and chartered cities, by their
I',. I' -------.1:p_.-. Same; Pnrtne!9 .~ps ..... -- bind themselves to contribute respective charters.
partnership two ot',more pe_:_B!>ton~ - m•"on fund with the inter.-
dlj
~
monf3y, prop
.
erty or nrc\ustry .a co •.u
, ~
• •din the pro~n arnon .. ---
, 67)
. g tbPTnaeJve a (article 17 .
1
Corporations created by special ~ n are gov~rp.ed pri-
marily by such charter; and those created uude;r g~n~al law
t1on of_divi 7 t "tuted in any form; .even an ora are governed by the Corporntio~ Law. The.-,mcle~,~f~CP,.tp.ora•
,, ,,; The partnership may be_ cons ~eate a partnet . .Lip.1~ But where tion of the latter. shoutct atso.:~taken int.o-account,.·
I
..
I
I
agreement would be v_al~~s~re ccntribP,ted to th e partner ship,, 'fhe present article .P,~vid~·,that pri~~te.part,u~J>S. ~d
real property or real. f blic instrument, and an inventory.of associrtions_s ~.~ _gov;~i,i~-~ the provisi~n Qf ~ ({ode on
t e c n r ac must be ma pu . ust be attached t.o the parthe~~ip~. Under .articl,~ _3:11ot ~e..old Cod~ ftpm. w~~ the
the property, signeci by the parttes, m r ell·· constituted p~c.~i;1:t . ar.ti~le ~as . pm.&. uqte~·. it '!:~ ,provide4, ~at the
l' instrument (~icles 1_771 ·u . .cal ersona 1ty separate and capacity.of associations was t9~ -~ tennmed £,)' their:~ es of
th~ f ,_,._ artners _(at:t c .8$. a 3~tion. Tp,.e.o~~~sio~ otthls;prpY.isiop. in.~e pr:ese~1U'ticle
di8tinct ·from..th•tJ>(.each o_. ~ !-~~~ -- ... · ~- . 'dical-n,in'Aonal- is tintortunate, because it ~~~,tl\~ P,~ t . ~~~- µ,iac~ -
~ I
•
AssociatiOJ1.9.
W'tll
1
t ,PersonalJ.ty.~_un • -.::·-
~µ~ . -... . able attribute for the,op~n- ,:ate. Notwithstanding,the_onµssun, partn~bips ~~ ~ a-
ity is not n necess~!7: or. w01s:ation; some of tr.ere can e:xi.st t~ons ~u~ be govern~-P~~y ~y their con~ aGts.o~~pcia-
tion cf every £.ssociat1on,or.o rg f, bjectb of law.u·In some tion, ~d only secondarily by the law, because partnerspips are
without being raised to,.the :level_o ;o':is without juridical per- created by contr~ct, and it. i~. a. .fundamental rule ~t. the
codes, su ch as the German, assc ~a contract has the force of lav; betwee~ the contracting pai:t,ies.

ter'• Bank, 9 Wheat, 9C7. . .,, ..,,

•• United States Bauk va. Plan ofinterV•l Revenue, 46 Pint .-,, 11 Perez r.ormles & Alguer: 1-I Enneccerua, Kipp &,Wolft 520.
u Nlltiona1 Coal Co. vs. Collector« Phil 634

u Thunga Chui VI_- Que=·

11 Arnold VI. Willitl • :Pattel'fon2Phil 661. ·

" 2_1 Colin & Cap1tant 4 •

De B~en: Ibid-, 496-496,
 l &i THE CML CODE (Art. 46)
(Ar t. 48) THE CML Cot>E
185
There are some rul~s ,applicable to corporations which, .by
express pro\.ision, are made applicaole to partnerships; Thus, istence in acr.ordance with the law governing it or with its
by Commonwealth Act No. 219, "the limitatirlns, restrictions, articles of assc ciation or incorporation.3
and prohibitions, togeth~r with the penalties provided in rela- Same; Of Corporations.- A corporation may be diasolved
tion thereto, i:-nposed by existing laws upon corporations and and thus cease to exist, in the following wan: (1 ) By Mi r- e~ of
the m embers thereof in connection witl-t the business of buying -the Legislature repealing or withdrawing its charter, providt:d
such power to withdraw or repeal has been reserved; in our law,
and selling public lanus er· the holding or ownership oti'·real
this power is reserved, as tc. _corporations ~rganized under The
estate, rot public lands, or the area of such holding,-0r the -stock
Corpo~ation Law. (2) By the e~iR>tion of tbo-ti7e liri('&e.tUor
or interest which they may have in any other er· porution, ·,s hall the continuance of its corporate existence. which cannot exceed
extend ·to partnerships,' joi.nt ·l!tock <!otnp~nies and P.11 ·oiher fifty years. (3) By the ha:gpeningo£somc cy::tinltf'!)q:presc;ribed
associations of whatever clas~ or form, as v,ell as to the mem- in its chgrtai""ol' \151 s~ute. '(4)-By f be "wlv::a at Jos~ _o£ the
bers of such associations." . . ~- -members, in case of nonst<>4,t9rpoi:atj.1m.s;J nrt th~Acquisition
of all the stock by a single-stockholdtn: d~not~lve.a.atock
corpotation. 4· (5~ voiuni&ry ;m1eadt2 'ofiks eh8!¥f _by th~
f.todtholc:i~rs, accepted or ~uth~~~.sb~ ~~ $~t.e~r~ ':~~~ on-
Art. 4 6
Juridical pei'SOns may acquire a :ld possess_p~p- zation for such surr~der,m~~~i_c~iQn,1BttolµlcLµi Corpo-
f u .
kin~ as well.as incur obliP ti 0 ~ $D d ·bring
· .. ·c1 . or
· ·.ril ration Law and Rule 104, RulesiofCourt. -(6} ~p.Jgmcnt or d:rs-
erty o a · -· . . - ~ ;With the laws.and regulations
• n1
solutjop or fe!'fuitw e of ehattu in a judicial proceeding in the
criminal actio~in.co -~n..ll•,1 -, · ' · · ·
ot thee- organization. <SS~) ·: uature of quo warranto: ~tuted by th~ State~for ~on-u:er,
mis-user \::reach of conditions ol"~the'r ~offotfe'i~. To
Source of Article.-Taken from art.de 18, Civil Code._ th~ e may be added, {7) t :tie fi-iN:re a£ i?fe_ _,=r ,n ~tiUq Jf o~~-
· TbP, Jun.
· ·di.cal person iz~ agd commeaae lmeun1111 ·vitbin twPJZMQ'8 ftpm ,:be ttate of1ts
• 1n.idical Persdils.- · · is ~rporation, as provided in the Corporation Law. 5
Capacity of J .wi~ natural persons a~ tu cap~~~: The insolvency of a corporation is not by itself a ground ~or
not completely at pu- .. . • hts \117hicli presuppose pbys1~
becfiuse it cannot exereis ? n g - ' . ... of wills, et~ut like dissolution, nor is the assignment of all i~ property _to p_ay 1~
existence, su a!L_ . . ti" ty a omicile, a name, a debts, or for any purpose. The ~ssio~ of' pro.pet:Y, 1s not
t ave a na .:>r · · . .· t esse!ltial to corporate existence:' . .
natural pe ons! i can ca .acity for relations whi_c h do no Same; ot Partnerships.-On the dissolution .of p!ifU1er-
ri_sµit ~ u t a.t ion, and the .,pguardiansbip. It can own and
..-n,i l"P ties of blood, such ,a h · rty en'i,er into contracts,
ships, article 1830 provides:
.. .._- -. dispose Q1 51IC pmpe ' 1ereforihe
posse<;S ro~ . ~ . . - - ; ? cur obligaticns,and ts Hau e or Dissolution ia cauaed: .
ancfi e. t y wjll. It can m . . s for contractual as well as 1) Without violation of the qreement between the partnen.
= -.....
f ~rt.s· managers ,md employee . .
~
acts o l li nee i (a) By the ~ation of the definite term o-: particular undertak·
'. enra-contractual fault o~ n~g ~rred t9 in this articlt as regu- ing specified in the agreement; · good faith
· (b) By the exprea :will ~ _any partner, W:bo 2?u.st ~ m . · '
' F- The law.; and regula4;ions re the same ·ones m~m-
l " . f . ·dical persons are when no definite term or particulai undert.aking is specified;
l.Rting the capaoty o Jun . .
,. tioned in article 45_2 • -The juridical capacity of
Exf:inguishme11t of ~~acity. th termination ofits ex- • 1-1 Enneccerua, Y.ipp & Wolff 502.
• Louil'rille Banltinr Co. va. Eileman, 94 lty 113.
artificial parsons is extin6uisbed upon e • 1-·1etchet, vol 8, p. 9018; &llantine, p. 774.
' People va. Mackay . 255 m . 144,_99 N.E. 370.
·, Sor.ton Glaaa vs. Langdon. 24 Pick 49, 35 Am. Dec. 29'2.
' l C'astan 22 7-230.
a.,.,_.-: \•I ~UC raa. Kipp & Wolfl' 45()-451 .
t Peres Gc,o::alea ... .n.e---·.

\
/ 18fi
nE CML CODE (Art. 4'7'.

(c) By the e> :pn11 will of all the partner■ who have not a11igned
their interePU or auff'ered them to be charged for their ae;,arate debts ,
either befon· or aft.er t11e termination 01· any apeclf\P.d tenn or particular
Title Il
undertaking; · . . .
(d) By the expulaion of any pa.-tnrr from the buame11 bona fult •m CITIZENSHII' AND DOMICILE
u .-cordance with 1 uch a µower conferred by the "greement between the
p:u-tnera; Citizenship Defined.-Citizenship is a n~ssary element
(2) b contravention of the agreement between the partne· ~• ~here ~e orp,?rsonality. To a certain extent it determines the capacity of
•rcu.:natance• do not pem,it a ~.i11olution under any other provmon of t 18 a person.' It is the status or character of being 1:1. citizen. And a
c1 . b th II will of;any partner at 11ny time;
article, y • ex'::ent which makes it unlawful for the busineH, of th_e part- citizen of a given state or country is one who owes it allegiance
(~) By any .ed on or for the membe1·a . o carry it on in µartnenh,1p; and is entitled to its protection. The citizen is subject to the
nenlup to be cam a
ific thin • which partner had promiaed to contnbute tu Turiudictfon of his country and to its laws. He owes it loyalty, his
(4) Wh~ a ·~shes bef~re the cielivel"); in any (;&Se by the loss of t~e services when needed, and his money to defray its expenses. In
the partnerah1p, pen h . trib ted it having reserved the ownenhp
clung, when the partner w o con u rtnenhip the usti or er.joyment of the return hE= is entitled to claim its protection against domestic
fi
thereot~ has only transferrei th: ~adiaaolveJ t ,y the los11 of the thing when violence and foreign oppression. The possession of civic rights is
11ame; but the partnership sh.ah~~ ~cquired the ownership thereof; not the tP.st of citizenship. There are many who are legally
I .\ .......,,.,.. Rfter the partners 1p
1t .,.,...... ~ f rtner·
(5> By the ~eath o any/a partner or of the partnership;
incitpable of voting for publir. officers or of .filling the offices
I I themselves, who are none the less citizens. Neither is mere
(6) By the inaolvt.ncy? ~ny rt
(7) B) the civilfin~ :~:r
(8) By decree o co
1
~:l0
0 fi~wi:e;~rticle. inhabitancy of a country a test of citizensl:.ip, for resident aliens
owe a local and t~mporary allegiance to the state wherein they
. th rtnership is not terminated, Jive and r,.re amenable to its ordinary laws. But where the two
On dissolution, howeve~, ~ pa CJf partnership affairs is ch:m1cteristics of allegiance and protection are found in their
but continues until the W?-n g_up -~pleteness and together, there citizenship exists. 2
corupleted (article 1829). ~ ...,'ffizensbip is a right of transcendental :mportance in the life of
I I
a na tfcin. It involves, among others, the right of suffrage, the
~ ~"'tO'"ttold public office, aud the right to be protected by the
. f J:'POl'fltions, i.Datitutlons State in and out of the country where a person is a citizen.3
Art- 47. Upon th0 di~lutlon o t':r purpose mentiontid in Citizen and Inhabitant Distinguished.-Citizens are
and other entities f'or public lntertyres and other assets shall be the members of the political community; they are the peopte
I I - ~ 44 their pt'ope tingtbem.U
who, in their associated capacity, have established or submitted
No.?. of arw'-'a"" ' .. .. Iaworthechartercrea
•..:.... d
' disposed of in P ~ :..d on this point, the propea~ ~ t themselves to the dourinion of a government for the promotion
l, nothing haB been Bl'"""....e similar purposes for the ne of their general welfare an,d the protection of their individual as
Oth er aseets shall he applied to um•cipallty which durin• the '.veil as their collective rights:' An inhabitant is simply one who
• city or m • al be, fits from
of the region, proVlllce,. derived the prlnc1r ne rwdes ;permanently in a country· he may or may not be a
•-4--nce of the instltution
P,JCIB"""
the sa,ne. tS9a) .
.. . , article 39, old CivH Code~_but the p1:e:t I ,lherm&n, p, 30.
of Article.-Taken.fr:(>m,. ill . .cUcal persons, while the pre 1 :Jlack'1 CONlt. Law, p. ~ ; Minor ft. Happeraett, 21 Wallace 162.
. •9oof= l d Code we:-e applicable toteda bJyU~w for publir intel'e•t or purpose, •· ~.Kun Ouk va. Al<'aneee, CC.A.) 0.R. No. «244.
•~on . 1 1 to those c:rea 4 United Stat. va. Ori_nkaank, 92 U.S. 542.
artic'e i11 applicab e on y

187