PERSONS AND FAMILY RELATIONS

Social Justice Begins in the womb

It's not a "Potential life" but a "life with Potential"

PERSON
Any being, natural (Art.40, CC) or juridical (Art.42,CC), susceptible to legal rhts and obligations, and
can be a subject of legal relations.

JURIDICAL NATURAL
-Exists only in contemplation of Law -A product of procreation
-A product of legal fiction -Human being having physical existence.

KINDS - CIVIL PERSONALITY COMMENCES

(Art.44, CC)
1. The state and its political subdivisions;
2. Other corporations, institutions and
entities for public interest or purpose, created by
law;
3. Corporations, partnerships and
associations for private interest or purpose to
which the law grants a juridical personality
ARTICLE 46
-Juridical persons may incur obligations and bring
civil or criminal actions.
RULE: STATE cannot be sued without its
consent
1.Express consent
-embodied in general law or special law
2. Implied Consent
- government enters into business contracts
thereby descending to level of the other
contracting parties
FROM “CONCEPTION”
For civil purposes, the foetus is considered
born if it is alive at the time it is completely
delivered from the mother’s womb (Article
41).
- Death extinguishes civil personality (Art
42).
ORDINARY CHILDREN
(with an intra-uterine life of at least seven
months)
For civil purposes, the foetus is considered born
if it is alive at the time it is completely delivered
from the mother’s womb.
EXTRA ORDINARY CHILDREN
(with an intra-uterine life of less than seven
months)
For civil purposes, it is not deemed born if it dies
within 24hrs after its complete delivery from the
maternal womb (Art. 41,cc)

Political subdivisions are Municipal corporations

- Provinces
- Cities
- Municipalities
Municipal corporations have a two-fold function:
1. Political and governmental functions
2. Private, proprietary and corporate
functions.

PFR- MIDTERM REVIEWER CRISHA MAE DE VERA

 CORPORATION
- Is an artificial being created by operation
of law, having the right of succession and
powers, attributes, and properties
expressly authorized by law or incident to
its existence.
PARTNERSHIP.
- Is created when two or more persons bind
themselves to contribute money,
property, industry to a common fund,
with the intention of dividing the profits
among themselves.
Corporations, partnerships and associations
are granted by law a juridical personality,
spate and distinct from that of each
shareholder, partner or member.

DOCTRINE OF PIERCING THE VEIL OF

CORPORATE FICTION
- Making the shareholders liable for any
liability of the corporation

CIVIL PERSONALITY
- Is the aptitude of being the subject, active or passive, of rights and obligations

2 KINDS OF CAPACITY

Juridical capacity Capacity to act

- The fitness to be the subject of legal - The power to do acts with legal effect;
relations; - It can be acquired and may be lost
- It is inherent in every natural person and
is lost only through death

DISTINCTION

Passive Active

Inherent Acquired

Can exist even without capacity to act Always exist with juridical capacity

Lost only through death Lost through death and other means

Unlimited/ cannot be restricted Limiter/ can be restricted by cirscumstances

PFR- MIDTERM REVIEWER CRISHA MAE DE VERA

 MINORITY INSANITY OR IMBECILITY

RA 6809: Majority commences They cannot give consent (Art. 1327, CC)
at the age of 18 years.
Rule: presumption of Capacity VALID- contracts entered during lucid
interval
Restrictions on capacity to act:
Effect on contracts:
1. Minority DEAF- MUTE
2. Insanity or imbecility - Minors cannot give
They cannot give consent- they do not
3. Stage of being deaf-mute consent to a contract
know how to write (Art 1327, CC)
4. Prodigality (Art. 1327, CC)
5. Civil interdiction
VOIDABLE- if one of the parties VOIDABLE
to a contract is a minor (Art
1390, CC) Contracts agreed in a “State of
drunkenness” or “during the spell of
UNENFORCEABLE- if both hypnotic spell”
parties are minors (Art 1403,
CC) PRODIGALITY
VOID- Marriage contracted by Prodigality is a state of squandering
any minor. money or property to the prejudice of
another.
Limitations on capacity to act:
CIVIL INTERDICTION
1. Family relations
2. Alienage During the time of the sentence of an
3. Absence offender, he is deprived of the following
4. Insolvency rights:
5. Trusteeship
1. Parental authority
2. Guardianship as to the person
or property of any war;
3. Marital authority
4. Management his property
5. Disposition of his property (Art
34, RPC)

PFR- MIDTERM REVIEWER CRISHA MAE DE VERA

 EO 209: FAMILY CODE OF THE PHILIPPINES
July 6,1987 (Approval)
Marriage
"Marriage is one of the basic civil rights of man...vital personal right essential to the orderly pursuit of
happiness by free man."
Memorandum Circular no. 85- clarifying the effectivity date of the Family code of the Philippines
Article 257 of Executive order no.209, series of 1987, otherwise known as "The Family code of the
Philippines", provides that the Code shall take effect one (1) year after the completion of its publication in
a newspaper of general circulation, as certified by the Executive Secretary, Office of the President.
The Family Code of the Philippines' should have taken effect as of August 3,1988 (People vs.
Ramos, No. L-25265, May 9,1978), instead of on August 5,1988 , as was inadvertently declared in a
certification dated October 7, 1988. For the guidance of all concerned, it is hereby clarified and certified
that the publication of "The family code of the Philippines" in a newspaper of general circulation was
completed on August 4, 1987, and the code became effective on August 3, 1988.
This circular modidies the certification issues on October 7, 1988, insofar as the effective date of
"the Family Code of the Philippines" is concerned.
ARTICLE 1, FC
- A special contract of permanent union between man and a woma entered into in accordance with law...
- The foundation of the family & an inviolable social institution whose nature, consequences, & incidents
are governed by law & not subject to stipulation...

Marriage as a special contract cannot be restricted by discriminatory policies of private individuals or

corporations.
(PT&T Co. vs. NLRC 82 SCRA 747)

PFR- MIDTERM REVIEWER CRISHA MAE DE VERA