PRINCIPLES ON PERSONAL STATUS Magsino, Patricia Marie C.

AND CAPACITY 11481196

OUTLINE OF DISCUSSION
A. Definition
B. Legislative jurisdiction v. Judicial jurisdiction
C. Beginning and End of Personality
D. Absence
E. Name
F. Age of Majority
G. Capacity
DEFINITION
Personal status
Includes both condition and capacity
Embraces matters such as beginning and end of human personality, capacity to have rights, capacoty
to engage in legal transactions, protection of personal interests and family relations

Status
Taken from Roman doctrine status libertates (freedom), status civitates (citizenship), status familiae (status
as the head of the house

Juridical Capacity v Capacity to Act

Juridical capacity is the fitness of man to be subject to legal relations; inherent and lost only through
death
Capacity to act is the power to do acts with legal effects; acquired and may be lost
LEGISLATIVE JURISDICTION V JUDICIAL
JURISDICTION
Legislative jurisdiction
Power of the state to apply its laws to create or affect legal interests
eg. Civil status

Judicial jurisdiction
Power of the state to try a case in its courts
eg. Right to sue and be sued

Barnuevo v. Fuster
Legislative jurisdiction as applied is the capacity of the state to rule on whether the divorce being
sought for can be decreed
Judicial jurisdiction as applied is the power of the state to hear and try the case
BEGINNING AND END OF PERSONALITY
The determination of the exact moment personality begins is referred to the individuals
personal law
Philippine Law:
Art. 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
Art 41. For civil purposes, the fetus is considered born if it is alive at the time it is completely delivered from the
mothers womb. However, if the fetus 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

Civil personality is extinguished by death

Upon death of a person, some of his rights and obligations are totally extinguished while
others are passed to his successors
Limjoco v Intestate Estate of Fragrante:
the estate of Pedro O. Fragrante should be considered an artificial or juridical person for the purpose of
settlement and distribution of his estate
ABSENCE
First: Presumption that a person is dead when he has been absent for a number of
years

Second: A persons unexplained absence is judicially investigated and established

which results to legal effects similar to death

Third: Judicial decree declaring the person to be dead before the legal effects of
death take place
NAME
A persons name is determined by law and cannot be changed without judicial
intervention
Art. 376. No person can change his name or surname without judicial authority.
Grounds where a person was allowed to change name;
Name is ridiculous and is tainted with dishonor or extremely difficult to pronounce
When the change is necessary to avoid confusion
When the right to a new name is consequence of a change in status
A sincere desire to adopt a Filipino name to erase signs of a former alien nationality
AGE OF MAJORITY
It is the individuals personal law which determines whether he has reached the age
of majority
Once emancipated, parental authority over the person and property of the child is
terminated and he is qualified and responsible for all acts of civil life
CAPACITY
A persons ability to act with legal effects is governed by his personal law
The general rule on capacity is subject to several exceptions
eg. When a person who is fully capacitated under his personal law enters into a contract which will be
performed in a foreign country that does not consider him capable of contracting due to an
impediment such as minority
INSULAR GOVERNMENT V. FRANK
Insular Government of the Philippine Islands 2 years George Frank
George Frank was to receive a salary of $1,200/year as a stenographer
To be paid in advance the expenses incurred in traveling Chicago Manila and half of his
salary during such period
Contract: if Frank violates it, he will be liable for the amount expended by the government for his
travel expenses and one half salary paid during such period
1903: Frank entered upon the performance of the contract and was paid half salary
1904: Frank left the service of Insular Government of the Philippine Islands and refused to further
comply with the terms of the contract
Insular the commenced an action in CFI MANILA to recover the amount paid to Frank
Franks defense: he was a minor at the time the contract was entered into and therefore not responsible
under the law
INSULAR GOVERNMENT V. FRANK
ISSUE: Is Frank liable?
HELD: Yes. The Supreme Court applied the law of the place of the contract or lex loci
contractus. Frank was fully qualified to enter into the contract at the place and time
the contract was made, he can not plead infancy as a defense at the place the
contract is being enforced
Age of majority 23 years old
QUESTION
Distinguish Legislative jurisdiction from Judicial jurisdiction
Legislative jurisdiction
Power of the state to apply its laws to create or affect legal interests
eg. Civil status

Judicial jurisdiction
Power of the state to try a case in its courts
eg. Right to sue and be sued