Professional Documents
Culture Documents
Restrictions On Capacity To Act Do Not Exempt The
Restrictions On Capacity To Act Do Not Exempt The
The legitimacy or illegitimacy of a child attaches (d) The presumptions given in Art 43 of the
upon his/her conception (Continental Steel CC is applicable if the following requisites
Manufacturing Corp v Hon Accredited Voluntary are present: first, there is no proof as to
Arbitrator, et al, GR NO 182836, Oct. 13, 2009) which of 2 persons died first; and second,
they are called to succeed each other. The
presumptions on survivorship, on the other
JURADO: (a) How is civil personality hand, are applicable if the following
requisites are present: first, there is no 3. Partnerships and associations for private
proof as to which of 2 persons died first; interest or purpose are governed by the
second, they must have died during a provisions of this Code concerning
calamity; and third, hey are not called to partnerships.
succeed each other. Thus, if A nad B,
father and son, died during a NOTE: The estate of a deceased should be
conflagration, and there is no proof as to considered an artificial or juridical person for
whom of them died first, Art 43 of the CC purposes of the settlement and distribution of his
is certainly applicable. There shall estate which include the exercise during the
therefore be no transmission of judicial administration thereof of his rights and
successional rights from one to the other. the fulfillment of obligations which survived after
However, if there is no relationship his death (Limjoco v Intestate Estate of Pedro
between the 2 other than, let us say, Fragrante , No L- 770 Apr 27, 1948)
contractual. Such as when A, a wealthy
bachelor of 40, merely insured his life for Cessation of Civil Personality
P1,000,000.00 with B, a young woman of 1. If natural persons: by death (Art 42)
21, as beneficiary, evidently, the ● The effect of death upon the rights
presumptions on survivorship are then and obligations of the deceased is
applicable. In other words, A is presumed determined by law, contract and by
to be the survivor. will because some rights and
obligations survive the death of a
JURIDICAL PERSONS person.
Creation:
1. For (1) and (2), by the laws creating or
recognizing them; government corporations
are created by their special charters
passed by the legislature
2. Private corporations are governed by BP
68; and