PERSONS

Below is a comprehensive overview of the topic "CIVIL LAW > II. PERSONS" as it pertains to Philippine law. This topic generally covers the legal principles governing natural and juridical persons, the civil status, capacities, and relationships among individuals under Philippine law, particularly as provided in the Civil Code of the Philippines.

I. General Provisions on Persons

The Civil Code of the Philippines begins with Book I, which defines who are considered persons under the law, distinguishes between natural and juridical persons, and addresses issues of civil status and capacity.

  1. Definition of Person in Law

    • In legal terms, a "person" is any entity with rights and obligations. This includes:
      • Natural Persons: Human beings who possess natural rights and obligations by virtue of their existence.
      • Juridical Persons: Entities created by law (such as corporations, partnerships, associations) with rights and obligations conferred by their creation.

  2. Beginning and End of Personality

    • Under Article 40 of the Civil Code, personality begins at birth; a conceived child has provisional civil personality subject to the condition of being born alive.
    • Personality ends at death, which terminates a person's legal existence and capacity to act.

  3. Civil Personality of Conceived Child

    • A child conceived but not yet born is entitled to be treated as a person under Article 41, provided it is born alive. This grants the unborn child certain rights, particularly in succession and family law.

  4. Absence and Presumption of Death

    • Article 43 outlines provisions for absent persons and the presumption of death for individuals who have disappeared under certain conditions, significantly impacting property and family relations.

II. Civil Capacity and Capacity to Act

  1. Civil Capacity

    • Article 37 establishes that all natural persons have civil capacity. This means the ability to be subject to rights and obligations.

  2. Capacity to Act

    • Capacity to act (per Article 37 and Article 38) is the power to perform acts that create, modify, or extinguish civil rights and obligations. This capacity may be restricted by factors such as:
      • Minority: Persons below 18 years old generally lack full capacity to act.
      • Insanity or Imbecility: Those mentally incapacitated cannot enter into contracts or legal obligations.
      • Deaf-mutes who do not know how to read or write.
      • Prodigality and civil interdiction: Persons under legal restraint due to wasteful expenditure or legal punishment are limited in their capacity to act.

  3. Modification and Restriction of Capacity to Act

    • These restrictions protect individuals who might lack full discernment, ensuring their legal affairs are managed in their best interest.

III. Nationality and Domicile

  1. Nationality

    • Nationality influences civil capacity, as the law may apply differently to Filipino citizens and foreign nationals, especially regarding family relations, property rights, and succession.

  2. Domicile

    • Domicile, the fixed, permanent residence of a person, determines the application of certain legal provisions. A change in domicile affects various legal matters, including jurisdiction and certain rights and obligations under Philippine law.

IV. Juridical Persons

  1. Definition and Types of Juridical Persons

    • Article 44 of the Civil Code defines juridical persons, which are created by law and have distinct legal personality.
    • Types include:
      • Corporations: Established under the Corporation Code or special laws, such as banks and universities.
      • Partnerships: Formed by agreements to engage in lawful business activities.
      • Associations and Foundations: Created for religious, charitable, cultural, or educational purposes.

  2. Rights and Obligations

    • Juridical persons enjoy rights similar to natural persons, including property rights, the ability to contract, and capacity to sue and be sued. Their legal capacity, however, is limited by the purposes for which they were created and the laws under which they operate.

  3. Dissolution

    • The Civil Code and the Revised Corporation Code provide mechanisms for the dissolution of juridical persons, terminating their existence and settling their affairs.

V. Natural Persons and their Classification

  1. Citizenship and Nationality

    • Defined under the Constitution and further outlined in the Civil Code, citizenship is an important classification affecting property rights and family law.

  2. Civil Status

    • Civil status denotes one's position in relation to others, influenced by marital status, legitimacy, filiation, and family affiliations.
    • This classification affects property rights, succession, and support obligations under Family Code provisions.

  3. Minors and the Age of Majority

    • The age of majority is set at 18 under Republic Act No. 6809, which impacts capacity to contract, property rights, and parental authority.
    • Emancipation, by marriage or reaching the age of majority, terminates parental authority over a minor.

  4. Persons of Unsound Mind

    • Legally considered incapacitated for acts that would affect civil rights, such individuals are under the guardianship of a lawful representative for protection in legal transactions.

VI. Relationships Affecting Civil Personality

  1. Marriage and Family Relations

    • The Family Code governs marital rights, obligations, and property relations, defining how individuals' legal personalities interact within familial contexts.

  2. Parent-Child Relationships

    • Defined by rights of parental authority, inheritance, and support obligations, parent-child relations deeply impact civil capacity and legal rights.

  3. Guardianship and Custody

    • When individuals are unable to exercise their civil capacity, guardianship laws protect their rights, often through court-appointed guardians who manage their affairs.

VII. Legal Recognition and Registration

  1. Civil Registry

    • The Philippine Statistics Authority (PSA) maintains the Civil Registry to record vital information on birth, marriage, and death, essential for verifying the civil status and legal identity of persons.

  2. Legal Procedures for Correction and Change

    • Republic Act No. 9048 and RA No. 10172 allow administrative correction of clerical errors in civil registry entries, such as birth certificates, under specific conditions to protect the accuracy of civil records.

VIII. Conclusion

In Philippine law, persons (natural and juridical) are vested with rights and obligations under civil law principles. These rights are determined by factors including capacity, nationality, domicile, and family relations. The Civil Code and related statutes provide mechanisms to protect individuals' rights and capacities, especially those under legal disabilities, ensuring fair and lawful interactions among individuals and entities.

This outline captures the essentials under "CIVIL LAW > II. PERSONS" and provides a comprehensive view of the rights, classifications, and relationships fundamental to the legal concept of persons in Philippine civil law.

Disclaimer: This content is not legal advice and may involve AI assistance. Information may be inaccurate.

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