De La Viña v.

Villareal - the wife may acquire another and separate domicile from that of her husband:
1. Where the theoretical unity of husband and wife is dissolved, as it is by the institution of divorce
proceedings; or
2. where the husband has given cause for divorce; or
3. where there is a separation of the parties by agreement, or a permanent separation due to
desertion of the wife by the husband or attributable to cruel treatment on the part of the husband;
or
4. where there has been a forfeiture by the wife of the benefit of the husband's domicile.

Personal Status and Capacity

 PERSONAL STATUS - General term that includes both condition and capacity, and more
specifically embraces such matters as the beginning and end of human personality capacity to
have rights in general, capacity to engage in legal transactions, protection of personal interests,
family relations, particularly the relations between husband and wife, parent and child, guardian
and ward, also transaction of family law, especially marriage, divorce, separation, adoption,
legitimation and emancipation, and finally succession both testate and intestate.
 STATUS UNDER ROMAN LAW
1. Status liberates - freedom
2. Status civitates - citizenship
3. Status familiae - position as head of the house or as free person subject to the
pater familia
 CAPACITY (In the Philippines, BOTH must be present)
 Juridical Capacity - fitness of a man to be the subject of legal relations
 Capacity to Act - power to do acts with legal effects *

Art. 80 of the Spanish Civil Code expressly provides that jurisdictions in actions for divorce and
nullification of canonical marriages lies with ecclesiastical courts, while that of civil tribunals is limited to
civil marriages. The defendant alleges that the action for divorce brought by the plaintiff in the cause does
not fall within the jurisdiction of civil courts, according to their national law.

Beginning and End of personality: 

Article 40. Birth determines personality; but the conceived child shall be considered born for all
purposes that are favorable to it, provided it be born later with the conditions specified in the following
article. (29a) 

Article 41. For civil purposes, the foetus is considered born if it is alive at the time it is completely
delivered from the mother's womb. However, if the foetus had an intra-uterine life of less than seven
months, it is not deemed born if it dies within twenty-four hours after its complete delivery from the
maternal womb. (30a)
 If less than 7 months - not deemed born if it dies within 24 hrs after its complete delivery from
maternal womb.
 If 7 months and above - basta ipanganak, okay na, may personality ka na.

Art. 42. Civil personality is extinguished by death. The effect of death upon the rights and obligations
of the deceased is determined by law, by contract and by will. (32a)
 Estate of a decedent should be regarded as an artificial person. it is the creation of law for the
purpose of enabling a disposition of the assets to be properly made. (Limjoco v. Intestate Estate
of Fragante)