Civil Law > II. Persons > A. Juridical Capacity > 1. Acquisition of Personality > a. Natural Persons

Overview: The concept of personality, as understood in Philippine civil law, refers to the legal capacity of an individual to acquire rights and to assume obligations. This capacity originates from the time of birth, creating a legal status or “juridical capacity” for natural persons that allows them to be recognized as subjects under the law. Here’s a detailed breakdown of the acquisition of personality for natural persons under Philippine civil law:

1. Legal Framework and Relevant Provisions

The acquisition of personality for natural persons is primarily governed by the Civil Code of the Philippines, particularly under the following articles:

Article 37 - Establishes that “Juridical capacity, which is the fitness to be the subject of legal relations, is inherent in every natural person and is lost only through death.”
Article 40 - Provides that birth determines personality; however, a conceived child (nasciturus) acquires provisional personality.
Article 41 - Outlines the conditions under which a conceived child is considered born for civil purposes, establishing viability as a requirement.
Article 42 - Stipulates that civil personality is extinguished upon death.
Article 43 - Addresses exceptions in cases of simultaneous death (commorientes), especially relevant for succession purposes.

These articles collectively underscore that personality for natural persons is acquired at birth and is lost upon death, with specific rules for cases involving unborn children and situations where simultaneous death may complicate inheritance rights.

2. Acquisition of Civil Personality: Birth as the Legal Event

Personality at Birth: In Philippine law, a natural person acquires personality at the moment of live birth. This means that from the time a child is born alive, they are considered a person with rights, obligations, and legal status.
Viability Requirement: Article 41 specifies that the child must be born in a state of viability, meaning the child must be capable of sustaining life outside the womb, either with or without medical intervention. This is essential because a non-viable birth (e.g., a miscarriage or stillbirth) does not confer civil personality on the child.

3. Special Rule on Unborn Children (Nasciturus Doctrine)

Concept of the Nasciturus: The term nasciturus refers to a conceived but unborn child. Under the Civil Code, a child already conceived is entitled to certain provisional rights, particularly in inheritance and succession, provided they are born alive.
Provisional Personality of a Conceived Child:
- Article 40 provides that an unborn child acquires provisional personality, meaning the law recognizes the unborn child as having potential legal status conditioned on birth.
- The unborn child may inherit property or be entitled to support under certain conditions, subject to being born alive.
- This provisional personality is a unique doctrine allowing a conceived child to hold rights, even if not yet physically separate from the mother, ensuring potential legal protection.
Conditional Nature of Rights: The rights of an unborn child under Philippine law are conditional on live birth. Should the child be born dead, the provisional personality and any accrued rights are retroactively nullified.

4. Rights and Capacities of a Natural Person Post-Birth

Once civil personality is acquired at birth, a person is entitled to a range of legal rights and responsibilities. These include:

Right to Own Property: From birth, a person is capable of holding property, either through inheritance, donation, or other lawful means.
Right to Legal Representation: Minors and other persons with limited capacity are entitled to have legal representatives (e.g., parents or guardians) manage their legal affairs.
Capacity to Sue and Be Sued: Natural persons, once they acquire civil personality, are capable of participating in legal proceedings either as plaintiffs or defendants.

5. Extinction of Civil Personality at Death

Legal Effect of Death: According to Article 42, a natural person’s civil personality is extinguished upon death. This means that all legal rights and obligations attached to the person terminate unless specifically provided otherwise by law (e.g., rights that pass on through succession).
Exception – Simultaneous Death (Commorientes):
- In situations where two or more persons (e.g., heirs and a decedent) die in circumstances that make it impossible to determine the sequence of their deaths, Article 43 establishes a presumption relevant to inheritance.
- Under the rule of commorientes, when the order of death is uncertain, they are deemed to have died at the same time, and no rights of inheritance are transmitted between them.

6. Specific Applications in Philippine Law

Inheritance Rights: The nasciturus doctrine is most commonly applied in matters of inheritance. For example, a child conceived at the time of a decedent’s death may inherit if born alive, safeguarding the potential inheritance rights of the unborn child.
Support Obligations: Support may also be granted to an unborn child under certain circumstances, especially where a legal presumption of paternity exists or where the unborn child is a presumptive heir.
Parental Authority: The acquisition of personality at birth makes a child a direct subject of parental authority, entitling them to care, support, and custody under Philippine family law.

7. Summary

The acquisition of personality in Philippine civil law is a foundational concept that:

Establishes birth as the legal event for acquiring full civil personality, conditional on viability.
Recognizes provisional rights for unborn children, safeguarding inheritance and support rights.
Terminates civil personality at death, with specific rules for simultaneous death scenarios.

This legal framework ensures that the rights of natural persons are recognized from birth and provides for specific protections for conceived children, balancing the needs of succession, inheritance, and family law.