Acquisition of Capacity to Act – R.A. No. 6809 | Capacity to Act | PERSONS

Under Philippine law, specifically the Civil Code, the concept of capacity to act is fundamental in determining when an individual may legally engage in various transactions and exercise rights independently. Republic Act No. 6809 is central to understanding the acquisition of capacity to act in the Philippines as it lowered the age of majority, which affects when an individual acquires the full capacity to act.

1. Republic Act No. 6809 (R.A. 6809)

R.A. No. 6809, which was enacted on December 13, 1989, effectively lowered the age of majority from twenty-one (21) years old to eighteen (18) years old. This law amended the Civil Code, which previously defined the age of majority as twenty-one, thus directly impacting when a person attains the capacity to act legally and independently.

Key Provisions of R.A. No. 6809:

1. Section 1 of R.A. No. 6809 amends Article 234 of the Civil Code, providing:

   • “Emancipation takes place by the attainment of majority. Majority commences at the age of eighteen years.”

2. Section 2 amends Article 235, which defines the rights of individuals upon reaching the age of majority:

   • The provision clarifies that reaching the age of majority terminates parental authority over the child, making the individual legally responsible for their own actions.

3. Effectivity and Coverage:

   • The law is effective for individuals reaching the age of eighteen, regardless of whether they attained that age before or after the enactment of R.A. No. 6809.
   • All individuals previously considered minors under the age of twenty-one are now considered to have full capacity to act once they reach eighteen.

2. Concept of Capacity to Act

Capacity to act is defined in the Civil Code as the "power to do acts with legal effect" (Art. 37, Civil Code of the Philippines). This concept is crucial for engaging in legal acts such as entering into contracts, acquiring property, and pursuing civil actions in court.

• Natural Capacity refers to inherent ability or mental competence.
• Legal Capacity is conferred by law upon reaching the age of majority, granting the individual the right to act independently in legal contexts.

3. Implications of the Lowered Age of Majority

The lowering of the age of majority to eighteen has several key implications:

• Contracts and Legal Obligations: Eighteen-year-olds now have full legal capacity to enter into contracts, whether these relate to employment, leases, or sales. This capacity is unrestricted unless they are specifically disqualified by law (such as by mental incapacity).
• Marriage: Prior to R.A. No. 6809, individuals needed parental consent to marry below the age of twenty-one. With the new law, only those under eighteen require consent, as eighteen is now the age of majority.
• Criminal Responsibility: Under R.A. No. 6809, those aged eighteen are considered fully responsible for their actions under criminal law, subject to other qualifications provided by specific legislation, such as the Juvenile Justice and Welfare Act for minors.
• Inheritance: At eighteen, individuals can now inherit property without the need for a guardian. They are also able to administer or claim an inheritance in their own capacity.
• Parent-Child Relationships: R.A. No. 6809 terminates parental authority when a child reaches eighteen. Parents are no longer legally required to provide for the child, and parental consent is no longer needed for the child’s contracts or decisions.

4. Exceptions to Full Capacity

Although R.A. No. 6809 confers capacity to act at eighteen, the law recognizes that some individuals may still lack capacity due to mental incapacity or other legal disabilities. The following exceptions apply:

• Mental Incapacity: A person eighteen or older who is deemed mentally incapacitated may be placed under guardianship or otherwise restricted in terms of legal capacity.
• Incompetency Due to Health or Disability: Legal guardianship may still apply to individuals who, despite reaching eighteen, cannot manage their affairs due to physical or psychological conditions.
• Other Restrictions Imposed by Law: For example, certain professions or privileges may require an age older than eighteen (such as obtaining specific licenses).

5. Effect on Prior Civil Code Provisions

R.A. No. 6809 effectively repeals or amends Civil Code provisions where the age of majority was previously set at twenty-one. Any Civil Code articles or related laws that mention the age of twenty-one as a marker for majority or capacity are superseded, adopting eighteen as the new standard.

6. Other Related Legal Implications

• Taxation: Eighteen-year-olds, now with full capacity to act, are subject to tax obligations in their own right if they meet income requirements.
• Property Ownership and Business Operations: An individual at the age of majority can own property, operate a business, and engage in transactions under the law.
• Voting Rights: Although R.A. No. 6809 does not directly cover suffrage, the right to vote aligns with the age of majority as well.

7. Jurisprudential Interpretations

The Supreme Court of the Philippines has upheld the effectivity of R.A. No. 6809 by reaffirming that eighteen is the legal threshold for majority. The Court has interpreted this provision in cases involving family relations, property rights, and contractual obligations, underscoring that full capacity to act is attained upon reaching eighteen.

Summary

R.A. No. 6809 is a pivotal law in Philippine civil law, shifting the legal framework by reducing the age of majority from twenty-one to eighteen. It grants individuals full capacity to act upon reaching eighteen, affecting their contractual rights, parental relationships, criminal responsibility, and other civil obligations.

Presumption of capacity to act | Capacity to Act | PERSONS

Here is an in-depth discussion on the topic of Presumption of Capacity to Act under Philippine Civil Law, focusing on pertinent doctrines, jurisprudence, and codal provisions.

---

Presumption of Capacity to Act

1. Introduction to Capacity to Act in Civil Law

Capacity to act is a fundamental legal concept in Philippine civil law, as governed primarily by the Civil Code of the Philippines. The capacity to act is defined as the power or ability of a person to engage in legal acts or enter into legal relations, such as contracting, suing, or consenting to obligations and rights. This capacity is presumed for every person, with specific exceptions where capacity is limited or restricted by law.

2. General Presumption of Capacity

Article 37 of the Civil Code of the Philippines provides that capacity is the general rule. A person is presumed to have the capacity to act unless proven otherwise. This presumption is critical in legal transactions and interactions because it maintains stability and reliability in personal and commercial relations by assuming individuals can comprehend and undertake responsibilities unless clear restrictions apply.

3. Legal Basis for the Presumption of Capacity

The presumption of capacity to act is supported by several provisions in the Civil Code:

• Article 37: Recognizes that a natural person has the capacity to act, with limitations only where specifically provided by law.
• Article 38: Enumerates exceptions to this presumption, establishing that certain persons may be restricted from fully exercising their capacity to act due to age, insanity, mental deficiency, etc.
• Article 39: Defines certain incapacities and their impact on a person’s ability to act legally. These incapacities are generally protective mechanisms intended to shield those vulnerable to exploitation or harm due to their specific condition.

The presumption of capacity to act is, therefore, a default rule, affirming that every person can engage in legal acts unless otherwise shown to lack capacity due to a legally defined disability.

4. Exceptions to Capacity to Act

While every person is presumed to have capacity, the Civil Code delineates specific cases where this presumption is rebutted. These exceptions include:

• Minors: Persons below 18 years of age, as per Republic Act No. 6809, are generally deemed incapable of binding themselves in contracts or legal acts, with notable exceptions for certain transactions, such as those related to basic necessities.

• Insane or Demented Persons: Individuals suffering from insanity or mental deficiency are presumed incapacitated, specifically during lucid intervals, as clarified in jurisprudence. However, this presumption can be rebutted by evidence of lucidity at the time of the transaction.

• Deaf-Mutes who are Illiterate: Deaf-mutes who cannot read and write are generally presumed to lack the capacity to act, particularly in complex transactions that require understanding legal nuances. However, if literacy or understanding can be established, this presumption may be overcome.

• Intoxicated or Drugged Individuals: Persons under the influence of drugs or alcohol are temporarily incapacitated if it can be shown that the intoxication impairs their ability to act or decide reasonably in a legal context. However, this incapacitation is limited to the period of influence, as established in jurisprudence.

These incapacities are typically recognized by law to protect individuals from the harmful consequences of engaging in transactions they are not fully able to understand or appreciate.

5. Legal Effects of Incapacity to Act

The legal effects of incapacity include the nullification or voidability of contracts or transactions undertaken by persons who are incapacitated at the time. For example:

• Contracts: Under Article 1327 of the Civil Code, contracts entered into by minors, insane or demented persons, or those suffering from other legal incapacities are voidable. This means that the contract can be annulled upon proper representation or upon reaching the age of majority in the case of minors.

• Wills and Testaments: Incapacitated individuals cannot validly execute a will. Philippine jurisprudence emphasizes the importance of capacity, particularly the ability to comprehend the nature of one’s actions and the legal consequences thereof when drafting and executing wills.

6. Rebuttal of the Presumption of Capacity

The presumption of capacity to act can be rebutted by evidence demonstrating incapacity at the time of the transaction. The burden of proof is on the party alleging incapacity. Evidence of incapacity may include:

• Testimonies from witnesses who observed erratic behavior or irrational decisions by the person in question,
• Medical documentation or expert testimony establishing a history of mental illness or incapacity,
• Circumstantial evidence showing the individual’s inability to understand or appreciate the nature and consequences of their actions.

In the absence of such evidence, the presumption of capacity stands, and the individual’s acts are deemed legally binding and enforceable.

7. Jurisprudence on Presumption of Capacity to Act

Several Philippine Supreme Court decisions elucidate the application of the presumption of capacity to act:

• Tan v. Court of Appeals, G.R. No. 103170 (1992): The Supreme Court underscored that minors are generally incapacitated to enter into contracts unless the transaction is deemed beneficial or necessary. Contracts with minors may be valid in certain cases where the minor misrepresents his or her age.

• National Power Corporation v. Court of Appeals, G.R. No. 112542 (1995): The Court ruled that incapacity due to mental illness must be contemporaneous with the transaction. It was emphasized that proof of mental illness outside the timeframe of the contract does not automatically negate the presumption of capacity.

• Serrano v. Gallant Maritime Services, G.R. No. 167614 (2009): In employment contexts, the Court affirmed the presumption of capacity, rejecting incapacity claims based solely on lack of comprehension due to language barriers or ignorance of contractual terms.

These cases illustrate that the Court requires substantial evidence to rebut the presumption of capacity to act. Mere allegations of incapacity are insufficient, and the presumption remains unless substantial proof establishes the contrary.

8. Public Policy Rationale for Presumption of Capacity

The presumption of capacity to act serves a public policy function by promoting stability, predictability, and efficiency in legal and commercial relations. It minimizes the need for exhaustive investigations into personal capacity in every transaction, which could otherwise bog down commerce and daily life. Instead, legal protection is provided through clear, limited exceptions. This approach balances the need for autonomy and the need for protective measures for vulnerable individuals.

---

Conclusion

In Philippine civil law, the presumption of capacity to act is a cornerstone principle ensuring that individuals are assumed to be capable of entering into legal relations unless otherwise limited by law. Exceptions to this presumption are carefully defined to protect individuals who may not fully understand the implications of their actions due to specific conditions. The presumption is vital for maintaining stable legal relations, but it is not absolute and can be challenged with sufficient evidence of incapacity.

Capacity to Act | PERSONS

Topic: Capacity to Act under Philippine Civil Law

---

I. Overview of Capacity to Act

In the context of Philippine civil law, "capacity to act" refers to the legal ability of a person to enter into binding agreements, exercise rights, and fulfill duties without the need for representation. The Civil Code of the Philippines (Republic Act No. 386) outlines the principles governing who has the legal competence to perform acts with legal effect.

The Capacity to Act is different from Civil Personality, which is the inherent ability to have rights and obligations. Civil personality starts at birth and ceases upon death, while the capacity to act may vary based on a person’s status, age, mental capacity, and legal restrictions.

The general rule is that all natural persons have capacity to act unless the law provides otherwise. Legal restrictions on capacity to act exist primarily to protect certain persons, particularly minors, those with mental disabilities, and individuals under guardianship.

---

II. Categories of Capacity to Act

1. Full Capacity to Act

   • An individual has full capacity to act when they can exercise all rights and duties without any legal impediments or the need for representation.
   • Criteria: Attained majority (generally 18 years old or older), no mental disability or other restrictions imposed by law.
   • Examples: A person of legal age who is not under guardianship or interdiction can enter into contracts, sign legal documents, and initiate or respond to lawsuits on their own.

2. Limited Capacity to Act

   • Some individuals have only limited capacity to act due to legal restrictions or mental or physical conditions that affect their ability to make decisions.
   • Criteria: Minors, persons with mental disabilities, individuals declared incompetent by a court, or those under guardianship may have restricted capacity.
   • Effect: Limited capacity generally requires representation (such as a parent, guardian, or legal representative) for legal acts to be binding.

3. Incapacity to Act

   • Persons who are legally considered incapacitated cannot perform any act with legal effect on their own.
   • Criteria: This includes minors under seven, insane or mentally incapacitated persons, and individuals judicially declared incompetent.
   • Effect: Actions taken without proper representation or authorization are generally void and without effect.

---

III. Legal Restrictions on Capacity to Act

The Civil Code of the Philippines specifies categories of persons whose capacity to act is legally restricted:

1. Minors (Persons Below 18)

   • By general rule, minors are considered to have limited capacity to act. Contracts entered into by minors are voidable and may be annulled unless ratified upon reaching the age of majority.
   • Exceptions: Emancipated minors (e.g., those who are married or who have been granted emancipation by court order) may have limited or full capacity to act, depending on the circumstances.

2. Insane or Mentally Incapacitated Persons

   • Persons declared insane or mentally incapacitated by court are presumed to have no capacity to act and require a guardian or legal representative to make legally binding decisions on their behalf.
   • Contracts: Acts or contracts entered into by such individuals may be void or voidable depending on the severity and nature of the incapacity.

3. Persons Under Guardianship

   • Individuals under guardianship, regardless of the reason (e.g., age, mental condition, or physical disability), generally lack capacity to act in legal transactions, as the guardian is given authority to act on their behalf.

4. Incompetent Persons

   • An individual declared "incompetent" by a court order due to age, mental condition, prodigality, or other circumstances is legally prevented from engaging in most legal acts. Any transactions they attempt to enter into may require ratification by their guardian or the court.

---

IV. Legal Protections for Persons with Limited Capacity

The Civil Code provides several protections for those with limited capacity to act, as follows:

1. Voidable Contracts

   • Contracts entered into by minors or incapacitated persons without the necessary consent of a guardian or representative are generally voidable, meaning they can be annulled or ratified upon reaching the age of majority or if incapacity is removed.

2. Annulment and Rescission

   • Annulment: The legal process for nullifying a contract due to incapacity at the time of contracting.
   • Rescission: Allows an incapacitated individual or their representative to cancel a contract if it is found detrimental to the incapacitated person.

3. Representation by Guardians

   • When a person lacks the legal capacity to act, a guardian may be appointed to represent their interests, thus ensuring that decisions are made with the person’s welfare in mind. Guardians must act in the best interest of their ward, with the court monitoring the guardianship.

4. Parental Authority

   • Parents have the authority to represent and make decisions on behalf of their minor children. This authority extends to legal actions, contracts, and other civil matters necessary for the child’s welfare.

5. Emancipation

   • Emancipation grants limited capacity to act to minors who are married or legally emancipated. Emancipated minors may enter into certain contracts and be responsible for their own actions, though restrictions still apply to protect them from potential exploitation.

---

V. Special Cases and Exceptions

1. Married Minors

   • Minors who marry before reaching 18 are considered emancipated and generally have more autonomy in legal actions. However, they may still have limited capacity in certain situations and may require parental or judicial intervention in significant transactions.

2. Persons with Prodigality

   • In cases of prodigality (excessive wastefulness that endangers the person’s estate or family’s welfare), the court may appoint a guardian to manage the individual’s financial affairs, restricting their capacity to act in property transactions.

3. Judicial Declaration of Incompetency

   • A formal court proceeding may declare a person incompetent due to mental illness, senility, or other debilitating conditions, appointing a guardian to manage the individual's legal and financial matters.

4. Ratification of Contracts

   • A minor or incapacitated person can ratify a contract upon reaching the age of majority or upon regaining capacity. This ratification makes the contract valid as though the person had capacity from the beginning.

---

VI. Relevant Articles in the Civil Code

Several articles in the Civil Code govern the capacity to act:

• Article 37-41: Defines the distinctions between civil personality and capacity to act.
• Article 1327: Specifies that minors, insane persons, and demented persons, and deaf-mutes who do not know how to write, are incapable of giving consent to a contract.
• Article 1390-1391: Outlines the conditions under which contracts entered into by incapacitated persons are voidable.
• Article 1489: Emancipated minors have the capacity to act for purposes like marriage but remain restricted in certain transactions.

---

VII. Conclusion

The concept of Capacity to Act under Philippine civil law aims to ensure that individuals engaging in legal acts do so with understanding and consent. Through various legal measures, the Civil Code protects vulnerable groups (such as minors and mentally incapacitated persons) while permitting the exercise of rights as soon as an individual can responsibly manage their affairs.