PERSONS

Further restrictions on capacity to act arising from minority – R.A. No. 11596 | Restrictions on capacity to act | PERSONS

Topic: Civil Law - Restrictions on Capacity to Act Arising from Minority (Republic Act No. 11596)

I. Overview of Capacity to Act in Civil Law

In Philippine civil law, capacity to act is the ability of a person to legally enter into binding contracts and perform legal acts. Restrictions on capacity to act may arise due to certain conditions, such as minority (being below the age of legal adulthood), insanity, and other circumstances that impair judgment or decision-making. For minors (persons under 18 years), these restrictions ensure that they are protected from making legally binding decisions that they may not fully understand.

II. Republic Act No. 11596: An Act Prohibiting the Practice of Child Marriage

Republic Act No. 11596 (RA 11596), signed into law on December 10, 2021, addresses further restrictions on the capacity to act, particularly concerning minors, in the context of marriage. It is a landmark legislation aimed at protecting children by prohibiting child marriage and imposing penalties for violations. RA 11596 was enacted as a protective measure to uphold the rights of minors and enhance their capacity to make sound decisions upon reaching adulthood.

Key Provisions of RA 11596

A. Declaration of Policy

RA 11596 declares that the State shall:

  1. Ensure that no child is forced or coerced into marriage before reaching the age of 18.
  2. Protect minors from abuse, exploitation, and discrimination, which includes the imposition of premature responsibilities that hinder their personal growth.
  3. Prioritize the welfare of minors and promote their right to health, education, and protection, which includes prohibiting child marriage.

B. Prohibition of Child Marriage

Under RA 11596:

  1. Child Marriage is Illegal: Any marriage involving a person below 18 years of age is explicitly prohibited. Even if consent is given by the minor or the parents, such marriages are void from the outset.
  2. Void Marriages: Marriages where one or both parties are below the age of 18 are declared void ab initio, which means they are considered invalid from the beginning.
  3. Penalty for Contracting Child Marriage: Individuals (whether as contracting parties or officiating persons) who engage in or facilitate child marriage are subject to criminal liability. This includes parents, guardians, or any adult who facilitates or arranges a child marriage.

C. Penalties and Enforcement Mechanisms

  1. Imprisonment and Fines: The act imposes penalties on adults who facilitate child marriage, including:
    • Imprisonment of at least 8 years and one day, but not more than 10 years.
    • Fine amounts may vary, with additional penalties applicable depending on the severity and intent behind the action.
  2. Public Officials: Public officials found guilty of facilitating or solemnizing child marriages face harsher penalties, including dismissal from service and permanent disqualification from holding public office.
  3. Parents and Guardians: Parents or guardians found guilty of causing or arranging a child marriage face the same criminal liability, serving both as a deterrent and as protection for minors.

III. Implications on Capacity to Act and Legal Standing of Minors

  1. Protection Against Coercion and Exploitation: By criminalizing child marriage, RA 11596 upholds the minor’s right to make free and informed decisions upon reaching legal maturity. It reinforces the general principle in Philippine law that minors lack the legal capacity to engage in certain legal acts, such as contracting a marriage.

  2. Preservation of Legal Autonomy upon Maturity: The prohibition aligns with the general legal principle that a person gains full capacity to act only upon reaching the age of majority (18 years old), thus ensuring that minors are safeguarded from making legally binding decisions prematurely.

  3. Impact on Cultural Practices: RA 11596 addresses traditional practices and customs that may perpetuate child marriage. While Philippine law respects cultural diversity, practices that contradict fundamental rights (such as the rights of the child to protection and education) are curtailed under this law. This also signifies that cultural norms cannot justify actions that infringe upon the rights and welfare of minors.

IV. Constitutional and International Law Foundations

  1. Constitutional Protections for Minors: RA 11596 is rooted in the Philippine Constitution, which provides for the protection of minors from abuse, exploitation, and other conditions harmful to their development.
  2. International Conventions: RA 11596 aligns with international conventions to which the Philippines is a signatory, including the Convention on the Rights of the Child (CRC) and the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW). Both these treaties advocate for the elimination of child marriage as a means of safeguarding children's rights and promoting gender equality.

V. Practical and Legal Ramifications

  1. Void Ab Initio Marriages: RA 11596 categorically states that marriages involving minors are void ab initio. This legal doctrine means such marriages have no binding effect, and the parties are regarded as never having been legally married. This impacts any property settlements, custodial arrangements, or support obligations stemming from such unions.

  2. Family Code Reinforcement: RA 11596 works alongside provisions in the Family Code of the Philippines that address restrictions on marriages and contractual capacity, emphasizing that minors are not legally competent to marry. This law supplements and strengthens existing Family Code provisions prohibiting child marriage.

  3. Effect on Existing Marriages: Marriages contracted by minors before the passage of RA 11596 may be scrutinized or potentially challenged under this law, depending on its retrospective application as determined by the courts.

VI. Conclusion

Republic Act No. 11596 is a crucial addition to Philippine civil law, significantly reinforcing the restrictions on minors’ capacity to act, particularly in the context of marriage. By making child marriage illegal and imposing stringent penalties on offenders, the law provides critical protection for minors, allowing them to develop fully before undertaking binding legal commitments. The law affirms the State’s duty to safeguard children’s rights to health, education, and development and to ensure that they enter legally binding relationships only upon reaching the age of majority.

Restrictions on capacity to act | PERSONS

In Philippine Civil Law, particularly under CIVIL LAW > II. PERSONS > C. Restrictions on Capacity to Act, understanding the concept of capacity to act is crucial as it defines the ability of a person to enter into binding agreements, exercise rights, and incur obligations. This capacity is not absolute for everyone, as the law places certain restrictions on certain individuals due to various reasons that might impair their decision-making abilities. These restrictions are intended to protect those who may not be able to protect their own interests adequately.

Key Definitions

  1. Natural Persons vs. Juridical Persons

    • Natural Persons: These are human beings from birth, possessing rights and obligations.
    • Juridical Persons: These include entities like corporations, partnerships, and associations granted personality by law.

    The law focuses primarily on natural persons regarding restrictions on capacity to act, although juridical persons may also have limited capacities in specific cases.

  2. Capacity to Act: Capacity to act refers to the power to perform acts with legal effects. This includes the power to enter into contracts, acquire and exercise rights, and incur obligations. However, the law acknowledges that not all individuals possess full capacity.

  3. Capacity vs. Incapacity

    • Capacity: The rule is that all persons are generally presumed to have capacity unless proven otherwise.
    • Incapacity: Incapacity is an exception, and restrictions on capacity are imposed only by law. Incapacity may be absolute or relative.

General Principles

The Civil Code of the Philippines governs the restrictions on capacity to act in the context of personal and patrimonial rights, family relations, and obligations. Several factors affect the extent of an individual’s capacity to act. These factors include age, mental condition, civil status, and specific legal prohibitions.

Categories of Restricted Persons

  1. Minors (Those Under Legal Age):

    • Under Article 1327, persons who are minors (below 18 years) are considered legally incapacitated to act in most civil transactions, especially contracts.
    • Contracts entered into by minors are generally voidable (Article 1390) unless the contract involves necessaries, in which case, it is enforceable to the extent of the reasonable value of the necessaries provided (Article 1489).
    • Emancipation through marriage (as per Article 234) can grant limited capacity to a minor in the context of civil obligations, but such capacity is conditional.

  2. Persons of Unsound Mind:

    • Individuals with mental incapacity, due to illness or intellectual disability, lack the capacity to act. Under Article 1327, contracts entered into by persons of unsound mind are voidable. A judicial declaration of incompetence is not strictly required, but it strengthens claims of incapacity.
    • Guardianship may be necessary to act on behalf of a person of unsound mind, especially in cases involving patrimonial rights or court proceedings.

  3. Prodigals and Habitual Drunkards:

    • Under Article 37 of the Family Code and in line with the Rules of Court on guardianship, prodigals or individuals who habitually squander property, as well as habitual drunkards, may have restricted capacity. Such restrictions require a court declaration.
    • A court may appoint a guardian to administer their property, thus restricting their capacity to independently handle patrimonial matters.

  4. Civil Interdiction:

    • Civil interdiction is a penalty imposed upon a person as part of a criminal sentence, depriving them of rights to exercise parental authority, manage property, and enter into contracts.
    • Under Article 41 of the Civil Code, civil interdiction does not affect personal civil rights like the right to marry or recognize natural children. However, a guardian may be appointed for the interdicted individual.

  5. Married Women (Historical Context):

    • Previously, married women in the Philippines faced restrictions under the old Civil Code, which limited their capacity to act independently. However, with the enactment of the Family Code, these restrictions have been lifted, allowing married women full capacity to act autonomously in all civil matters.

  6. Persons Convicted of Crimes:

    • A conviction for certain crimes may entail restrictions on capacity to act, especially if the person is imprisoned. This incapacity primarily affects patrimonial rights and requires a representative to manage property or undertake legal actions on the individual’s behalf.

  7. Persons Under Certain Guardianship Arrangements:

    • Individuals subject to legal guardianship, whether minors or persons with disabilities, may also have restricted capacity. Guardians are appointed to protect the interests of those who cannot manage their own affairs. Guardians must act in the best interest of the ward and are accountable to the court.

  8. Alien Enemies:

    • In times of war, nationals of an enemy state may have restricted capacity to enter into certain contracts or exercise civil rights, particularly those with potential effects on national security or public interest. This restriction, although seldom invoked, aligns with national defense policies.

Types of Restrictions on Capacity

  1. Absolute Incapacity:

    • Absolute incapacity means that the person cannot enter into any binding civil obligations. Examples include minors and persons declared judicially incompetent. Acts performed by these individuals are generally void.

  2. Relative Incapacity:

    • Relative incapacity implies that the individual’s restriction applies only in certain situations or with specific persons. An example is a minor’s capacity to contract for necessaries. Another example is prohibitions on donations between spouses (Articles 87 and 1332 of the Family Code).

Legal Provisions and Relevant Articles in the Civil Code

  1. Articles 1327 to 1332: These outline the general rules on capacity, defining incapacity and providing exceptions.
  2. Articles 1390 to 1391: Voidable contracts due to lack of capacity.
  3. Articles 234 to 237 (Family Code): Emancipation and other capacities granted to minors in special circumstances.
  4. Articles 87 and 87 (Family Code): Restrictions on donation and other transactions between spouses.
  5. Rules of Court (Guardianship Proceedings): Governs the judicial procedures for appointing guardians over incapacitated individuals.

Judicial Interventions and Remedies

  1. Annulment of Contracts: Contracts entered into by individuals with incapacity (e.g., minors or those of unsound mind) are voidable, not void, and can be annulled upon reaching the age of majority or upon declaration of unsoundness.
  2. Guardianship Proceedings: For individuals who cannot manage their own affairs due to incapacity, the court may appoint a guardian to represent their interests.
  3. Judicial Declaration of Incapacity: A court may declare an individual incapacitated based on sufficient evidence, usually on petition by a relative or interested party.

Conclusion

Restrictions on capacity to act are designed to protect those who cannot fully protect their own interests due to age, mental condition, or specific legal prohibitions. The Civil Code, along with the Family Code and Rules of Court, provides the legal framework to determine and enforce these restrictions, balancing individual rights with protective oversight.

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.

Sections 2, 4 and 18 of Republic Act (R.A.) No. 11232 | Juridical persons | Acquisition of personality | Juridical capacity | PERSONS

To provide a thorough and meticulous explanation on the specified topic, we’ll delve into the pertinent sections of Republic Act (R.A.) No. 11232, or the Revised Corporation Code of the Philippines, focusing on Sections 2, 4, and 18 under the context of Civil Law: specifically, juridical persons, their personality acquisition, and juridical capacity.

Overview of Juridical Capacity in Civil Law

In Civil Law, a juridical person refers to an entity (such as a corporation) that is given rights and responsibilities, which allows it to enter into transactions, enter contractual obligations, and even be held liable as a single entity, separate from its members. Juridical capacity is therefore the quality that grants the entity its legal personality.

The Revised Corporation Code, enacted by R.A. No. 11232, regulates the formation, powers, functions, and responsibilities of corporations, offering a comprehensive framework for the acquisition and regulation of juridical personality. Let’s examine each of the mentioned sections in detail:

Section 2: Corporation Defined

Under Section 2 of R.A. No. 11232:

  • A corporation is defined as 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.
  • This definition embodies the legal personality granted to corporations, distinguishing them as separate from the natural persons (e.g., incorporators, directors) who compose them.

Implications:

  • The legal fiction of a corporation allows it to act as a "person" within the law, which can acquire assets, incur liabilities, sue, and be sued independently of its shareholders.
  • Juridical persons are given a level of permanence through the “right of succession,” meaning that their existence does not depend on the lives of their members or directors; they continue to exist as long as legally permissible.

This fundamental section grants corporations their personality, enabling them to engage in legal acts as a juridical person.

Section 4: Corporate Term

Section 4 provides that corporations now have perpetual existence by default, unless the corporation’s articles of incorporation specifically state otherwise.

Key Points:

  1. Perpetual Existence - Unlike the previous corporate code, which limited corporate life to 50 years (with extensions), the Revised Corporation Code allows corporations to have indefinite duration.
  2. Option for Term Limitation - Corporations may still set a fixed term in their articles of incorporation. Once that term expires, the corporation may apply for renewal.
  3. Voluntary Dissolution - Even with perpetual existence, corporations can still dissolve voluntarily or through legal proceedings, allowing shareholders to liquidate the corporation’s assets under specified conditions.

Implications:

  • This reform enhances business stability and encourages long-term investment by allowing corporations to exist indefinitely.
  • It reduces the administrative burden on corporations that previously had to apply for extensions of corporate term, which required SEC approval and additional costs.

The adoption of a perpetual term thus strengthens the corporation's juridical personality, making it an entity that can indefinitely own property, enter into contracts, and manage liabilities.

Section 18: Minimum Capital Stock Not Required of Stock Corporations

Section 18 stipulates that stock corporations are no longer required to have a minimum capital stock, except as provided by special laws.

Key Points:

  1. Flexibility for Startups - This provision benefits new corporations, particularly small to medium enterprises (SMEs) and startups, which may lack substantial initial capital but still wish to incorporate.
  2. Initial Paid-up Capital Requirement - Despite the removal of a minimum capital stock requirement, incorporators must still comply with the requirement of at least 25% of the authorized capital stock being subscribed and at least 25% of the subscribed capital being paid upon incorporation.
  3. Special Law Exceptions - Certain industries, such as banking, insurance, and financing, have specific laws requiring minimum capitalization due to the nature of their operations, to safeguard public interest and financial stability.

Implications:

  • By removing the general minimum capital requirement, R.A. No. 11232 promotes entrepreneurship and corporate inclusivity by lowering financial barriers for incorporation.
  • Corporations are still obligated to act in good faith in relation to their capitalization, ensuring they maintain sufficient assets to fulfill potential liabilities.

Section 18 thus reinforces the Revised Corporation Code’s intention to make corporate formation accessible while still promoting accountability and solvency within Philippine commerce.

Summary of Sections 2, 4, and 18 of R.A. No. 11232

  1. Section 2: Defines a corporation as an artificial juridical entity with its own legal personality, capable of acting separately from its incorporators and directors.
  2. Section 4: Grants corporations the ability to exist perpetually unless stated otherwise, enhancing corporate stability and encouraging sustained business operations.
  3. Section 18: Removes the requirement for a minimum capital stock for most corporations, except where specific laws demand it, facilitating ease of incorporation, especially for smaller entities.

Each of these sections works collectively to support the core purpose of R.A. No. 11232: simplifying corporate processes, encouraging investment, and modernizing the corporate framework in the Philippines.

Practical Applications

For legal practitioners and business professionals:

  • Incorporation Strategy: When advising clients on forming a corporation, these sections provide flexibility in structuring corporate terms and capitalization, tailoring them to the business’s unique needs.
  • Corporate Governance: The perpetual existence provision and lack of minimum capital requirements necessitate prudent governance to ensure a corporation’s longevity and financial soundness, even if it lacks a predetermined capital threshold.
  • Regulatory Compliance: Understanding when minimum capital requirements apply (e.g., specific industries) is essential to ensuring compliance with sector-specific financial regulations.

These provisions in the Revised Corporation Code underscore a more accessible, resilient corporate environment while maintaining the juridical capacity and integrity of corporations in the Philippines.

Juridical persons | Acquisition of personality | Juridical capacity | PERSONS

CIVIL LAW > II. PERSONS > A. Juridical Capacity > 1. Acquisition of Personality > b. Juridical Persons

In Philippine law, a juridical person refers to an entity recognized by law as having legal rights and obligations, distinct from the individuals comprising it. This concept is essential in understanding how non-human entities like corporations, associations, and certain organizations can participate in legal relations independently. The framework governing juridical persons in Philippine civil law can be derived mainly from the Civil Code of the Philippines (Republic Act No. 386), specifically Book I, Title II, and various special laws and rules.

I. Definition and Characteristics of Juridical Persons

According to Article 44 of the Civil Code, juridical persons are entities other than human beings to which the law grants a separate legal personality. This separate personality allows them to hold assets, enter into contracts, sue and be sued, and perform acts in their name. The recognition of juridical persons is based on the legal principle that such entities can exist independently of the individual members or shareholders.

The characteristics of a juridical person include:

  1. Separate Legal Personality - Juridical persons have a legal identity distinct from the individuals comprising them.
  2. Perpetual or Limited Existence - Some juridical persons, like corporations, may exist indefinitely or until dissolved, while others may have a predetermined lifespan.
  3. Capacity to Act - Juridical persons can enter into contracts, own property, incur obligations, and exercise rights as provided by law.
  4. Limited Liability - For certain juridical persons, particularly corporations, liability may be limited to the assets of the juridical person itself rather than extending to the personal assets of its members.

II. Types of Juridical Persons

The Civil Code (Article 44) recognizes two primary types of juridical persons in Philippine law:

  1. The State and Its Political Subdivisions - This category includes the national government, local government units (LGUs), and other entities created by law, which serve public purposes and are vested with public powers.

  2. Corporations, Associations, and Institutions for Private Interest or Purpose - This broad category includes private corporations, partnerships, foundations, and non-profit organizations. The existence, powers, and obligations of these entities are often governed by both the Civil Code and specific laws, such as the Corporation Code, Revised Corporation Code, and other related regulations.

III. Requirements for Acquisition of Juridical Personality

The acquisition of juridical personality involves compliance with several requirements, including the following:

  1. Legal Authorization - Juridical personality is not inherent and must be explicitly granted by law or through compliance with legal requirements. For example:

    • Corporations acquire personality through registration with the Securities and Exchange Commission (SEC), as provided by the Revised Corporation Code (Republic Act No. 11232).
    • Partnerships acquire juridical personality upon the execution of a partnership agreement, provided they do not exceed the capital threshold set by the Civil Code (otherwise, they must register with the SEC).
    • Associations and Non-Profit Organizations must also comply with relevant regulations to be granted juridical personality.

  2. Articles of Incorporation or Association - These foundational documents outline the entity's purpose, nature of activities, governance, powers, and scope. For corporations, the articles of incorporation and bylaws must be filed with the SEC. These documents help define the rights and obligations of the juridical person, providing the legal basis for its separate existence.

  3. Compliance with Governmental Requirements - After incorporation, juridical persons must comply with regulatory requirements such as annual reporting, tax registration, and other governmental regulations, depending on their type and purpose.

IV. Rights and Obligations of Juridical Persons

Once juridical personality is acquired, juridical persons are endowed with specific rights and obligations similar to those of natural persons, including:

  1. Capacity to Act - Juridical persons can enter into contracts, acquire property, incur obligations, and engage in various legal acts within the scope of their purpose as stated in their incorporation documents.

  2. Right to Own Property - Juridical persons can own and manage property, provided it serves their lawful purpose. Corporate property is separate from that of individual members or shareholders.

  3. Right to Sue and Be Sued - They have standing to initiate legal action and are likewise subject to litigation. Legal actions against juridical persons are generally limited to their assets, except in cases of liability exceptions, such as fraud or where the corporate veil is pierced.

  4. Limitations on Rights and Obligations - The powers of juridical persons are limited by their purpose as stated in their constitutive documents, any laws governing them, and their nature. For instance, non-profit organizations are typically restricted from engaging in profit-making activities, except as incidental to their purpose.

V. The Doctrine of Piercing the Corporate Veil

An essential concept in Philippine law is the doctrine of piercing the corporate veil, which allows courts to hold shareholders, members, or officers personally liable in cases where the juridical personality of an entity is used to perpetuate fraud, circumvent the law, or evade contractual obligations. This doctrine is applied sparingly and only when there is clear evidence that the separate personality of the juridical person is being abused.

VI. Dissolution and Termination of Juridical Personality

The termination of a juridical person’s legal existence can occur through:

  1. Voluntary Dissolution - A juridical person, such as a corporation, may voluntarily dissolve by the decision of its members or shareholders and the approval of regulatory bodies, following legal procedures.
  2. Involuntary Dissolution - The SEC may initiate dissolution if a corporation fails to comply with reporting obligations or is found to have violated laws.
  3. Expiration of Term - Some entities are formed with a limited duration, and their juridical personality ceases upon the expiration of this term unless renewed.
  4. Liquidation - After dissolution, the entity must liquidate its assets, settle liabilities, and distribute remaining assets to the members or shareholders as allowed by law.

VII. Juridical Persons in Relation to Public Policy and Welfare

Juridical persons are expected to operate within the bounds of public policy, and their activities must align with the general welfare. This is particularly true for entities serving public interests or receiving tax benefits, as these benefits imply a certain obligation to the public.

Conclusion

In Philippine civil law, juridical persons are essential actors that facilitate both public and private interests. The recognition and governance of juridical persons ensure that entities can perform various economic, social, and governmental functions while being accountable under the law. The framework provided by the Civil Code, the Revised Corporation Code, and other statutes establishes juridical persons’ role, rights, obligations, and limitations, ultimately supporting the orderly conduct of both public and private affairs within the Philippines.

Natural persons | Acquisition of personality | Juridical capacity | PERSONS

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.

Acquisition of personality | Juridical capacity | PERSONS

CIVIL LAW: Acquisition of Juridical Personality in the Philippines

In Philippine law, the acquisition of personality refers to the moment when a person is legally recognized as an individual with rights and obligations. This legal construct is rooted in the concept of juridical capacity, which is the capacity to acquire rights and incur obligations. The acquisition of personality primarily concerns natural persons, as well as juridical persons or entities created by law.

The acquisition of juridical personality is governed by the Civil Code of the Philippines (Republic Act No. 386). Here, I will outline all pertinent aspects concerning the acquisition of juridical personality, focusing on both natural and juridical persons.

I. Juridical Capacity of Natural Persons

  1. Definition of Natural Person
    A natural person is a human being with rights and obligations. In civil law, the acquisition of personality for a natural person is recognized by law and comes with distinct legal consequences, especially concerning rights that individuals may exercise and obligations they must observe.

  2. Commencement of Personality (Article 40, Civil Code)
    Article 40 of the Civil Code states that the personality of a natural person begins at birth. However, this is qualified by Article 41, which specifies that the fetus is considered born for all purposes that are favorable to it, provided it is born later under specific conditions. Therefore:

    • The natural person acquires legal personality only upon live birth.
    • For civil purposes, the fetus is conditionally regarded as born, which is known as the "conceptus pro nato habetur" principle.

  3. Conditions for the Acquisition of Personality at Birth (Article 41, Civil Code)
    Under Article 41, for a fetus to acquire juridical personality, it must be:

    • Alive at the time of birth, even if it dies shortly thereafter.
    • Without deformities that would inhibit it from acquiring legal rights if recognized as born.

    This provision indicates that personality exists in anticipation for the fetus, meaning that rights favorable to the fetus may be conferred on it while in utero, such as inheritance or life insurance benefits, provided that it is subsequently born alive.

  4. Legal Effects of the Loss of Personality (Article 42, Civil Code)
    Legal personality for natural persons is terminated by death. However, there are rules for determining exact moments of death in instances where multiple deaths occur simultaneously, especially in cases of "commorientes" (simultaneous deaths) where the law presumes the death of each person simultaneously unless otherwise established.

  5. Civil Rights and Obligations Dependent on Personality
    The acquisition of personality gives rise to civil rights and obligations, such as:

    • The right to inherit or be the subject of a will (succession law).
    • The right to possess and own property.
    • The right to enter into contracts and be subject to obligations.

    These rights begin to vest conditionally even at conception, subject to the requirement of live birth.

II. Juridical Capacity of Juridical Persons

  1. Definition of Juridical Person
    A juridical person is an entity endowed by law with a distinct personality, separate from its members. Examples include corporations, partnerships, associations, and certain government bodies or non-profit entities.

  2. Types of Juridical Persons
    According to Article 44 of the Civil Code, juridical persons are classified into:

    • The State and its political subdivisions.
    • Other corporations, institutions, and entities for public interest or purpose.
    • Corporations, partnerships, and associations for private interest or purpose.

  3. Acquisition of Personality by Juridical Persons
    Juridical personality is acquired upon compliance with legal formalities specific to each type of entity:

    • Corporations: Personality is acquired upon issuance of a Certificate of Incorporation by the Securities and Exchange Commission (SEC), following compliance with the Revised Corporation Code.
    • Partnerships: Personality arises upon formal execution and registration of a partnership agreement with the SEC, as per the Civil Code and the Revised Partnership Law.
    • Associations: These are generally registered with the SEC, with personality conferred upon completion of registration requirements, particularly for non-profit purposes.

    For juridical persons, personality is strictly limited to those rights, powers, and obligations that are conferred by law or the documents of incorporation.

  4. Legal Capacity and Capacity to Act
    Juridical persons have legal capacity from the moment of their constitution, allowing them to acquire rights and assume obligations. Their capacity to act, however, may be restricted by the specific limitations set in their charters or articles of incorporation.

  5. Duration and Termination of Juridical Personality
    The personality of a juridical person can be terminated or dissolved based on:

    • The expiration of its term, if provided in its articles of incorporation.
    • Voluntary dissolution, typically authorized by a majority or board resolution.
    • Involuntary dissolution, often following a court order due to failure to meet statutory requirements, insolvency, or illegal conduct.

    Upon dissolution, the juridical person undergoes a liquidation process where it ceases operations, settles its obligations, and distributes remaining assets to shareholders or members according to the Revised Corporation Code or applicable laws.

III. Doctrinal and Jurisprudential Principles

  1. Concept of the "Unborn Child" in Civil Rights
    The legal fiction of treating a fetus as a person for favorable purposes reflects the civil law doctrine "conceptus pro nato habetur." This principle has been upheld in various decisions by the Supreme Court, recognizing the unborn child’s provisional rights, contingent on live birth, in inheritance, support, and insurance laws.

  2. Doctrine of Separate Juridical Personality
    The doctrine of separate juridical personality is a cornerstone of corporate law, particularly for corporations. This means that a corporation’s assets and liabilities are distinct from those of its members or stockholders. Consequently, obligations of the corporation do not become personal liabilities of its owners, absent specific provisions for piercing the corporate veil due to fraud or abuse of the corporate form.

  3. Piercing the Corporate Veil
    Courts may disregard the separate personality of a corporation if it is used for fraudulent purposes, to defeat public convenience, or as a tool for wrongdoing. This doctrine is particularly relevant in cases where the corporate structure is manipulated to evade legal responsibilities or defraud creditors.

IV. Summary

In summary, the acquisition of juridical personality in Philippine law is a legal recognition of the capacity of both natural and juridical persons to acquire rights and assume obligations:

  • Natural Persons: Acquire personality at birth and lose it upon death, with conditional recognition for a fetus.
  • Juridical Persons: Acquire personality upon compliance with specific legal formalities, usually involving registration with the SEC or equivalent bodies.

The legal principles governing juridical personality are fundamental for understanding individual and corporate rights, obligations, and liabilities within the framework of Philippine civil law.

Juridical capacity | PERSONS

In Philippine civil law, particularly under the Civil Code of the Philippines, the topic of juridical capacity and its related concepts are critical to understanding legal personhood and the capacity to act in a legal sense. Here’s an in-depth exploration of the essential aspects of juridical capacity within the context of civil law.

Juridical Capacity

1. Definition and Nature of Juridical Capacity:

  • Juridical Capacity refers to the inherent capacity of an individual or entity to have rights and obligations. In essence, it is the ability of a person to be the subject of legal relations.
  • This capacity exists in every human being and is a fundamental right that allows individuals to hold rights and be bound by obligations from birth until death.
  • Juridical capacity is distinct from the capacity to act; while juridical capacity is innate and universal, the capacity to act is conditional and may be limited by factors such as age, mental condition, or legal restrictions.

2. Distinction from Capacity to Act:

  • Capacity to Act is the power to engage in acts that produce legal effects, such as contracting, litigating, or entering into various legal relations. This capacity can be limited due to age, mental health, or specific legal incapacities.
  • Juridical Capacity is inherently retained by individuals regardless of limitations, while the capacity to act can vary based on a person's condition or legal constraints.
  • For instance, a minor has juridical capacity but limited capacity to act; they may possess rights (e.g., rights to inheritance) but may not independently exercise these rights through contracts or legal proceedings.

3. Commencement and Termination of Juridical Capacity:

  • Under Philippine law, juridical capacity begins from birth. Once a child is born, they are endowed with the capability to have rights and obligations.
  • Article 40 of the Civil Code states that birth determines personality, but the fetus is deemed to have been born for all purposes favorable to it, provided it is born alive.
  • Juridical capacity terminates upon death, ending the person’s legal status and extinguishing personal rights and obligations, except for certain transmissible rights (such as inheritance).

4. Juridical Capacity and Persons with Disabilities:

  • Juridical capacity is not affected by disabilities. Persons with disabilities retain their juridical capacity to hold rights, though their capacity to act may be restricted.
  • For instance, individuals with mental disabilities may have limitations in capacity to act, often requiring representation or guardianship to engage in certain legal acts.

Limitations on Juridical Capacity

1. Civil Interdiction:

  • Civil interdiction is a legal measure imposed as a penalty that restricts certain civil rights of an individual, particularly the rights of parental authority, guardianship, and similar capacities to act in specific roles.
  • While civil interdiction limits certain powers, it does not eliminate juridical capacity entirely, as the person retains their basic status as a subject of rights and obligations.

2. Minority:

  • Minors (individuals below the age of 18) have juridical capacity but a limited capacity to act. Consequently, contracts and legal acts performed by minors are generally voidable, with exceptions under certain conditions (e.g., contracts for necessities).
  • Guardianship or parental consent is typically required for minors to enter into contracts or perform legal acts with binding effects.

3. Mental Incapacity and Other Legal Disabilities:

  • Persons declared mentally incapacitated through judicial proceedings have a restricted capacity to act but retain their juridical capacity.
  • Legal representation through guardians or curators is appointed to protect the interests of such individuals, as they cannot independently manage their legal affairs.

4. Absence or Presumed Death:

  • When a person is declared absent or presumed dead, certain rights and obligations are managed through a legal representative. This status does not extinguish juridical capacity, but it does transfer control of the absent person’s legal interests to a representative until the person reappears or is confirmed dead.

Juridical Capacity of Entities

1. Juridical Persons:

  • Philippine law recognizes entities, such as corporations, partnerships, and associations, as juridical persons. These are collective entities with separate juridical capacity, enabling them to hold rights and obligations apart from individual members.
  • Corporate Juridical Capacity: Corporations have the legal ability to own property, sue or be sued, and enter contracts. Their capacity is generally defined by the Corporation Code of the Philippines and other pertinent laws, which outline the rights, limitations, and responsibilities.
  • Legal Personality of Partnerships: Partnerships also have a distinct juridical capacity from their individual partners, allowing them to engage in legal relations as a unit. Partners bear liability under the conditions specified by law, which may vary between general and limited partnerships.

2. Non-Profit Organizations and Associations:

  • Non-profit organizations and other associations can acquire juridical capacity by registering with the appropriate government agencies. Once recognized, they can act as juridical persons, holding property and engaging in contracts.
  • Associations without proper registration may be limited in their capacity to act or own property but still retain some capacity to act within specific legal confines.

Legal Protection of Juridical Capacity

1. Rights of Personality:

  • The Civil Code protects various aspects of juridical capacity, particularly rights of personality, which include the right to physical integrity, privacy, and honor.
  • These rights are protected regardless of age, disability, or other limitations on capacity to act, underscoring the universal nature of juridical capacity.

2. Remedies and Representation:

  • Philippine law provides remedies and legal avenues to uphold and enforce the rights stemming from juridical capacity. For example, guardianship proceedings, conservatorship, and the appointment of representatives are mechanisms that ensure individuals with limited capacity to act are properly protected and represented in legal matters.
  • Guardianship laws govern the appointment of representatives for minors, incapacitated individuals, and others who require assistance to exercise their legal rights and fulfill obligations.

3. Succession Rights and Juridical Capacity:

  • Succession rights acknowledge the juridical capacity of individuals to transfer property and obligations upon death.
  • Unborn children, provided they are born alive, are granted juridical capacity to inherit, demonstrating how Philippine law safeguards rights at all stages of life in relation to juridical capacity.

Conclusion

Juridical capacity is foundational to Philippine civil law, establishing a person's ability to hold rights and duties independent of their capacity to act. From the commencement of life until death, juridical capacity ensures that every individual is a subject of legal relations, with protections and limitations tailored to specific circumstances. Whether in the context of individuals or juridical persons like corporations and partnerships, juridical capacity serves as a pillar for all legal interactions, safeguarding rights and facilitating the structure of legal obligations in society.

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.

Privacy Policy

Terms of Use

Lawyer Login

 
 
Privacy Policy         Terms of Use         Lawyer Login