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Article 38

Minority, insanity or imbecility, the state of


being deaf-mute, prodigality and civil
interdiction are mere restrictions on the
capacity to act and do not exempt the
incapacitated person from certain obligations,
as when the latter arise from his acts or from
property relations, such as easements
Article 39
The following circumstances, among others,
modify or limit capacity to act: age, insanity,
imbecility, the state of being deaf-mute,
penalty, prodigality, family relations, alienage,
absence, insolvency and trusteeship. The
consequences of these circumstances are
governed in this code , other codes the rules of
court and in special laws. Capacity to act is not
limited on account of religious belief or political
opinion. A married woman, twenty-one years of
age or over is qualified for all acts of civil life,
except in cases specified by law.
The provisions of the 2 codal provisians is the
same, namely: to make an overview of the
situation that qualifies a persons power to
undertake acts which can produce legal effects.
Article 40
Birth determines personality; but the conceived
child shall be considered born for all purposes
that are favorable to it, provided it to be born
later with the conditions specified in the
following article.
Article 41
For civil purposes, the foetus is considered born
if it is alive at the time it is completely delivered
from the mothers 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.
Article 5 of Presidential Decree number 603,
otherwise known as the Child and Youth
Welfare Code, amended Article 40 of the Civil
Code states that:
The civil personality of the child shall
commence from the time of his conception for
all purposes favorable to him, subject to the
requirements of Article 41 of the Civil Code.
A child already conceived at the time of the
death of the decedent is capable of succeeding,
providing that it be born later under the
conditions prescribed in article 41.
The birth certificate is the best evidence of the
fact of birth. Once it is registered with the office
of the local civil registrar, it becomes a public
document.
Section 4 of the Civil Registry Law Act no. 3753
Birth records including a birth certificate are
strictly confidential and the contents therein
cannot be revealed except in the cases provided
by law.
Article 7 of Presidential Decree No. 603
otherwise known as The Child and Youth
Welfare Code, provides:
The records of a persons birth shall be kept
strictly confidential and no information relating
thereto shall be issued except upon the request
of any of the following:
1. The person himself, or any person
authorized by him;
2. This spouse, his parent or parents, his
direct descendants, or the guardian or
institution legally in charge of him if he
is a minor
3. The court or public official whenever
absolutely necessary in administrative,
judicial or other official proceedings to
determine the identity of the childs
parents or other circumstances
surrounding his birth; and
4. In case of the persons death, the
nearest of kin
Article 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.
The creditors are given the right to claim from
the estate of the deceased any obligation due
to them before the estate can finally be
partitioned in favor of the heirs.
Article 43
If there is doubt, as between two or more
persons who are called to succeed each other
as to which of them died first, whoever alleges
the death of one prior to the other, shall prove
the same, in the absence of proof, it is
presumed that they died at the same time and
there shall be no transmission of rights from
one to the other.
The proof of death must be established by
positive evidence.
Article 44
The following are juridical persons:
1. The state and its political subdivisions
2. Other corporations, institutions and
entities for public interest or purpose,
created by law; their personality begins
as soon as they have been constituted
according to law
3. Corporations, partnerships and
associations for private interest of
purpose to which the law grants a
juridical personality, separate and
distinct from that of each shareholder,
partner or member
Article 45
Juridical persons mentioned in Nos. 1 and 2 of
the preceding article are governed by the laws
creating or recognizing them.
Private corporations are regulated by laws of
general application on the subject.
Partnerships and associations for private
interest or purpose are governed by the
provisions of this code concerning partnerships.
Article 46
Juridical persons may acquire and possess
property of all kinds as well as incur obligations
and bring civil or criminal actions, in conformity
with the laws and the regulations of their
organizations.
A juridical person is a being of legal existence
susceptible of rights and obligations, or of being
the subject of juridical relations
The state and its political subdivision are
juridical persons. The state is a sovereign
person with the people composing it viewed as
an organized corporate society under a
government with the legal competence to exact
obedience of its commands.
As a juridical person, the state can enter into
treaties and contracts. The civil code even
provides that, in default of persons entitled to
succeed to the estate of a deceased person, the
State shall inherit his whole estate.
As a fundamental rule, the state cannot be sued
without its consent.
Consent is implied when the government enters
into business contracts, thereby descending to
the level of the other contracting party, and
also when the State files a complaint, thus
opening itself to a counterclaim.
Suability depends on the consent of the state to
be sued, liability on the applicable law and the
established facts. The circumstance that a state
is suable does not necessarily mean that it is
liable; on the other hand, it can never be held
liable if it does not first consent to be sued.
Political subdivisions are municipal
corporations, and in the Philippines, consist of
the provinces, cities and municipalities.
Municipal corporations, for example, like
provinces and cities, are agencies of the state
when they are engaged in governmental
functions and, therefore, should enjoy the
sovereign immunity from suit. Nevertheless,
they are subject to suit even in the performance
of such functions because their charter provides
that they can sue and be sued.
The distinction of powers becomes important
for purposes of determining the liability of the
municipality for the acts of its agents, which
result in an injury to third persons.
It has already been remarked that municipal
corporations are suable because their charters
grant them to the competence to sue and be
sued. Nevertheless, they are generally not liable
for torts committed by them in the discharge of
governmental functions and can be held
answerable only it is can be shown that they are
acting in a propriety capacity.
The general law governing public corporations
is Batas Pambansa Blg. 68, otherwise known as
the Corporation Code of the Philippines. It
became effective on May 1, 1980. Partnerships
and associations for private interest are
governed by Title IX of the Civil Code.
A corporation is an artificial being created by
operation of law, having the right of succession
and the powers, attributes, and properties
expressly authorized by law or incident to its
existence.
Corporations are creatures of the law, and can
only come into existence in the manner
prescribed bylaw. As has already been stated,
general laws authorizing the formation of
corporations are general offers to any persons
who may bring themselves within their
provisions; and if condition precedents are
prescribed in the statute or certain acts are
required to be done, they are the terms of the
offer, and must be complied with substantially
before legal corporate existence can be
acquired.
Two or more persons may also form a
partnership for the exercise of a profession.
Corporations, partnerships and associations for
private interest and purpose may be granted by
law a juridical personality, separate and distinct
from that of each shareholder, partner or
member.
The notion of corporate entity will be pierced or
disregarded and the corporation will be treated
merely as an association of persons or, where
there are 2 corporations, they will be merged as
one, the one being merely regarded as part or
instrumentality of the other.
Article 47
Upon the dissolution of corporations,
institutions and other entities for public interest
or purpose mentioned in No. 2 of Article 44,
their property and other assets shall be
disposed of in pursuance of law or the charter
creating them. If nothing has been specified on
this point, the property and other assets shall
be applied to similar purposes for the benefit of
the region, province, city or municipality which
during the existence of the institution derived
the principal benefits from the same.
Article 48
The following are citizens of the Philippines:
1. Those who were citizens of the
Philippines at the time of the adoption
of the Constitution of the Philippines;
2. Those born in the Philippines of foreign
parents who, before the adoption of
said Constitution had been elected to
public office in the Philippines;
3. Those whose fathers are citizens of the
Philippines
4. Those whose mothers are citizens of
the Philippines and, upon reaching the
age of majority, elect Philippine
Citizenship;
5. Those who are naturalized in
accordance with law.
Article 49
Naturalization and the loss and reacquisition of
citizenship of the Philippines are governed by
special laws
Article 50
For the exercise of civil rights and fulfillment of
civil obligations, the domicile of natural persons
is the place of their habitual residence.
Article 51
When the law creating or recognizing them, or
any other provision does not fix the domicile of
juridical persons, the same shall be understood
to be the place where their legal representation
is established or where they exercise their
principal functions.
Domicile denotes a fixed permanent residence
to which, when absent, one has the intention of
returning. Residence is used to indicate a place
of abode, whether permanent or temporary.
Domicile is residence couples with the intention
to remain for an unlimited time.
A minor follows the domicile of his or her
parents. Domicile of origin can only be lost and
a change of domicile occurs when the following
requisites are present:
1. An actual removal or an actual change
of domicile
2. A bona fide intention of abandoning the
former place of residence establishing a
new one
3. Acts which correspond with the
purpose
Under the family code, the husband and wife
shall fix the family domicile. In case of
disagreement, the court shall decide.
Article IV of the 1987 Philippine Constitution
now governs the rule on citizenship.
Natural born citizens are those who are citizens
of the Philippines from birth, without having to
perform an act to acquire or perfect their
Philippine citizenship. Those who elect
Philippines citizenship in accordance with
paragraph 3 Section 1 hereof shall be deemed
natural born citizens.
Jus Sanguinis refers to citizenship by blood
while jus soli refers to citizenship on the basis of
the place of birth.
The law that governs the acquisition of
Philippine citizenship is Commonwealth Act no.
473, as amended.
Subject to section 4 of this act, any person
having the following qualifications may become
a citizen of the Philippines by naturalization:
1. He must not be less than 21 years of
age on the day of the hearing of the
petition.
2. He must have resided in the Philippines
for a continuous period of not less than
10 years.
3. He must be of good moral characters
and believes in the principles underlying
the Philippine Constitution, and must
have conducted himself in a proper and
irreproachable manner during the
entire period of his residence in the
Philippines in his relation with the
constituted government as well as with
the community in which he is living
4. He must own real state in the
Philippines worth not less than 5,000
pesos, Philippine currency, or must
have some known lucrative trade,
profession or lawful occupation (under
present constitution, however, no alien
or foreigner may own land except
through hereditary succession)
5. He must be able to speak and write
english or Spanish and any one of the
principal Philippine language
6. He must have enrolled his minor
children of school age in any public
school or private school recognized by
the Office of Private Education of the
Philippines, where Philippine history,
government and civics are taught or
prescribed as part of the school
curriculum, during the entire period of
the residence in the Philippines
required of him prior to the hearing of
his petition for naturalization as
Philippine citizen
The years of continuous residence required
under the 2
nd
condition of the last preceding
section shall be understood as reduced to 5
years of any petitioner having any of the
following qualifications:
1. Having honorably held office under the
Government of the Philippines or under
that of any of the provinces, cities,
municipalities or political subdivisions
2. Having established a new industry or
introduced a useful invention in the
Philippines
3. Being married to a Filipino woman
4. Having been engaged as a teacher in
the Philippines in a public or recognized
private school not established for
exclusive instruction of children or
persons of a particular nationality or
race, in any of the branches of
education or industry for a period of
not less than 2 years
5. Having been born in the Philippines
The following cannot be naturalized as
Philippine citizens
1. Person opposed to organized
government or affiliated with any
association or group of persons who
upload and teach doctrines opposing all
organized governments
2. Persons defending or teaching the
necessity or propriety of violence,
personal assault, or assassination for
the success and predominance of their
ideas
3. Polygamists or believers in the practice
of polygamy
4. Persons convicted of crimes involving
moral turpitude
5. Persons suffering from mental
alienation or incurable contagious
diseases
6. Persons who, during the period of their
residence in the Philippines, have not
mingled socially with the Filipinos, or
who have not evinced a sincere desire
to learn and embrace all customs,
traditions, and ideals of the Filipinos
7. Citizens or subjects of nations with
whom (the United States and) the
Philippines are at war, during the period
of war
8. Citizens or subjects of a foreign country
other than the United States, whose
laws do not grant Filipinos the right to
become naturalized citizens or subject
thereof
The law that governs the loss of reacquisition of
citizenship is commonwealth Act no. 63 as
amended by Republic Act No. 106. The grounds
for the loss of citizenship are as follows:
1. By naturalization in a foreign country
2. By express renunciation of citizenship
3. By subscribing to an oath of allegiance
to support the constitution or laws of a
foreign country upon attaining 21 years
of age or more. Provided however, that
a Filipino may not divest himself of
Philippine citizenship in any manner
while the republic of the Philippines is
at war with any country
4. By rendering service to, or accepting
commission in, the armed forces of a
foreign country
5. By cancellation of the certification of
naturalization
6. By having been declared by competent
authority a deserter of the Philippine
armed forces in time of war, unless
subsequently, a plenary pardon or
amnesty has been granted
7. In the case of a woman, upon her
marriage to a foreigner if by virtue of
the laws in force in her husbands
country, she acquires his nationality.
The grounds for the reacquisition of citizenship
are as follows:
1. By naturalization. Provided, that the
applicant possess none of the
disqualification prescribed in section 4
of commonwealth act no. 473
2. By repatriation of deserters of the
army, navy or air corps: provided that a
woman who lost her citizenship by
reason of her marriage to an alien may
be repatriated in accordance with the
provisions of commonwealth act no. 63,
as amended, after the termination of
the marital status
3. By direct act of the congress of the
Philippines
MARRIAGE
Article 1
Marriage is a special contract of permanent
union between a man and a woman entered
into in accordance with the law for the
establishment of a conjugal and family life. It is
the foundation of the family and an inviolable
social institution whose nature, consequences,
and incidents are governed by law and not
subject to stipulation, except that marriage
settlements may fix the property relations
during the marriage within the limits provided
by this code
By the contract of marriage, a man and a
woman enter a joint life, acting, living and
working as one.
Marriage is one of the basic civil rights of man,
fundamental to our very existence and survival.
The freedom to marry has long been recognized
as one of the vital personal rights essential to
the orderly pursuit of the happiness by free
man.
It is something more than a mere contract.
Other contracts may be modified, restricted or
enlarged or entirely released upon the consent
of the parties. Not so with marriage. The
relationship once formed, the law steps in and
holds the parties to various obligations and
liabilities. it is an institution in the maintenance
of which in its purity the public is deeply
interested for it is the foundation of the family
and of society, without which there would be
neither civilization nor progress.
The policy of the law clearly was against such an
annulment considering that a marriage is not at
most a civil contract but it is at least a civil
contract, with status and the interest of the
State added to it.
It is not possible to have a marriage for one
purpose and no marriage at all for other
purposes, for marriage is not only a contract but
a status and a kind of fealty to the state as well.
Marriage as a special contract cannot be
restricted by discriminatory policies of private
individuals or corporations.
That a marriage is not an ordinary contract is
even highlighted by the fact that Article 350 of
the Revised penal code provides that the
penalty of prision correccional in its medium
and maximum period shall be imposed upon
any person, who not having committed bigamy
which is separately penalized under Article