Persons and Family Relations Notes Civil Code Articles 38 to Marriage Article 1

8/11/2019 Persons and Family Relations Notes Civil Code Articles 38 to Marriage Article 1

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Article 38

Minority, insanity or imbecility, the state of

being deaf-mute, prodigality and civil

interdiction are mere restrictions on the

capacity to act and do not exempt the

incapacitated person from certain obligations,

as when the latter arise from his acts or from

property relations, such as easements

Article 39

The following circumstances, among others,

modify or limit capacity to act: age, insanity,

imbecility, the state of being deaf-mute,

penalty, prodigality, family relations, alienage,

absence, insolvency and trusteeship. The

consequences of these circumstances are

governed in this code , other codes the rules of

court and in special laws. Capacity to act is not

limited on account of religious belief or politicalopinion. A married woman, twenty-one years of

age or over is qualified for all acts of civil life,

except in cases specified by law.

The provisions of the 2 codal provisians is the

same, namely: to make an overview of the

situation that qualifies a persons power to

undertake acts which can produce legal effects.

Article 40

Birth determines personality; but the conceived

child shall be considered born for all purposes

that are favorable to it, provided it to be bornlater with the conditions specified in the

following article.

Article 41

For civil purposes, the foetus is considered born

if it is alive at the time it is completely delivered

from the mothers womb. However, if the

foetus had an intra-uterine life of less than

seven months, it is not deemed born if it dies

within twenty-four hours after its complete

delivery from the maternal womb.

Article 5 of Presidential Decree number 603,

otherwise known as the Child and Youth

Welfare Code, amended Article 40 of the Civil

Code states that:

The civil personality of the child shall

commence from the time of his conception for

all purposes favorable to him, subject to the

requirements of Article 41 of the Civil Code.

A child already conceived at the time of the

death of the decedent is capable of succeeding,

providing that it be born later under the

conditions prescribed in article 41.

The birth certificate is the best evidence of the

fact of birth. Once it is registered with the office

of the local civil registrar, it becomes a public

document.

Section 4 of the Civil Registry Law Act no. 3753

Birth records including a birth certificate are

strictly confidential and the contents therein

cannot be revealed except in the cases provided

by law.

Article 7 of Presidential Decree No. 603

otherwise known as The Child and Youth

Welfare Code, provides:

The records of a persons birth shall be kept

strictly confidential and no information relatingthereto shall be issued except upon the request

of any of the following:

1.

The person himself, or any person

authorized by him;

2.

This spouse, his parent or parents, his

direct descendants, or the guardian or

institution legally in charge of him if he

is a minor

3.

The court or public official whenever

absolutely necessary in administrative,

judicial or other official proceedings todetermine the identity of the childs

parents or other circumstances

surrounding his birth; and

4. In case of the persons death, the

nearest of kin

Article 42

Civil personality is extinguished by death. The

effect of death upon the rights and obligations

of the deceased is determined by law, by

contract and by will.

The creditors are given the right to claim from

the estate of the deceased any obligation due

to them before the estate can finally be

partitioned in favor of the heirs.

Article 43

If there is doubt, as between two or more

persons who are called to succeed each other

as to which of them died first, whoever alleges

the death of one prior to the other, shall prove


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the same, in the absence of proof, it is

presumed that they died at the same time and

there shall be no transmission of rights from

one to the other.

The proof of death must be established by

positive evidence.

Article 44

The following are juridical persons:

1.

The state and its political subdivisions

2.

Other corporations, institutions and

entities for public interest or purpose,

created by law; their personality begins

as soon as they have been constituted

according to law

3.

Corporations, partnerships and

associations for private interest of

purpose to which the law grants a

juridical personality, separate anddistinct from that of each shareholder,

partner or member

Article 45

Juridical persons mentioned in Nos. 1 and 2 of

the preceding article are governed by the laws

creating or recognizing them.

Private corporations are regulated by laws of

general application on the subject.

Partnerships and associations for private

interest or purpose are governed by the

provisions of this code concerning partnerships.Article 46

Juridical persons may acquire and possess

property of all kinds as well as incur obligations

and bring civil or criminal actions, in conformity

with the laws and the regulations of their

organizations.

A juridical person is a being of legal existence

susceptible of rights and obligations, or of being

the subject of juridical relations

The state and its political subdivision are

juridical persons. The state is a sovereign

person with the people composing it viewed as

an organized corporate society under a

government with the legal competence to exact

obedience of its commands.

As a juridical person, the state can enter into

treaties and contracts. The civil code even

provides that, in default of persons entitled to

succeed to the estate of a deceased person, the

State shall inherit his whole estate.

As a fundamental rule, the state cannot be sued

without its consent.

Consent is implied when the government enters

into business contracts, thereby descending to

the level of the other contracting party, and

also when the State files a complaint, thus

opening itself to a counterclaim.

Suability depends on the consent of the state to

be sued, liability on the applicable law and the

established facts. The circumstance that a state

is suable does not necessarily mean that it is

liable; on the other hand, it can never be held

liable if it does not first consent to be sued.

Political subdivisions are municipal

corporations, and in the Philippines, consist of

the provinces, cities and municipalities.Municipal corporations, for example, like

provinces and cities, are agencies of the state

when they are engaged in governmental

functions and, therefore, should enjoy the

sovereign immunity from suit. Nevertheless,

they are subject to suit even in the performance

of such functions because their charter provides

that they can sue and be sued.

The distinction of powers becomes important

for purposes of determining the liability of the

municipality for the acts of its agents, whichresult in an injury to third persons.

It has already been remarked that municipal

corporations are suable because their charters

grant them to the competence to sue and be

sued. Nevertheless, they are generally not liable

for torts committed by them in the discharge of

governmental functions and can be held

answerable only it is can be shown that they are

acting in a propriety capacity.

The general law governing public corporations

is Batas Pambansa Blg. 68, otherwise known as

the Corporation Code of the Philippines. It

became effective on May 1, 1980. Partnerships

and associations for private interest are

governed by Title IX of the Civil Code.

A corporation is an artificial being created by

operation of law, having the right of succession

and the powers, attributes, and properties


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expressly authorized by law or incident to its

existence.

Corporations are creatures of the law, and can

only come into existence in the manner

prescribed bylaw. As has already been stated,

general laws authorizing the formation of

corporations are general offers to any persons

who may bring themselves within their

provisions; and if condition precedents are

prescribed in the statute or certain acts are

required to be done, they are the terms of the

offer, and must be complied with substantially

before legal corporate existence can be

acquired.

Two or more persons may also form a

partnership for the exercise of a profession.

Corporations, partnerships and associations for

private interest and purpose may be granted bylaw a juridical personality, separate and distinct

from that of each shareholder, partner or

member.

The notion of corporate entity will be pierced or

disregarded and the corporation will be treated

merely as an association of persons or, where

there are 2 corporations, they will be merged as

one, the one being merely regarded as part or

instrumentality of the other.

Article 47

Upon the dissolution of corporations,institutions and other entities for public interest

or purpose mentioned in No. 2 of Article 44,

their property and other assets shall be

disposed of in pursuance of law or the charter

creating them. If nothing has been specified on

this point, the property and other assets shall

be applied to similar purposes for the benefit of

the region, province, city or municipality which

during the existence of the institution derived

the principal benefits from the same.

Article 48

The following are citizens of the Philippines:

1.

Those who were citizens of the

Philippines at the time of the adoption

of the Constitution of the Philippines;

2.

Those born in the Philippines of foreign

parents who, before the adoption of

said Constitution had been elected to

public office in the Philippines;

3.

Those whose fathers are citizens of the

Philippines

4.

Those whose mothers are citizens of

the Philippines and, upon reaching the

age of majority, elect Philippine

Citizenship;

5.

Those who are naturalized in

accordance with law.

Article 49

Naturalization and the loss and reacquisition of

citizenship of the Philippines are governed by

special laws

Article 50

For the exercise of civil rights and fulfillment of

civil obligations, the domicile of natural persons

is the place of their habitual residence.

Article 51

When the law creating or recognizing them, orany other provision does not fix the domicile of

juridical persons, the same shall be understood

to be the place where their legal representation

is established or where they exercise their

principal functions.

Domicile denotes a fixed permanent residence

to which, when absent, one has the intention of

returning. Residence is used to indicate a place

of abode, whether permanent or temporary.

Domicile is residence couples with the intention

to remain for an unlimited time.A minor follows the domicile of his or her

parents. Domicile of origin can only be lost and

a change of domicile occurs when the following

requisites are present:

1.

An actual removal or an actual change

of domicile

2.

A bona fide intention of abandoning the

former place of residence establishing a

new one

3.

Acts which correspond with the

purpose

Under the family code, the husband and wife

shall fix the family domicile. In case of

disagreement, the court shall decide.

Article IV of the 1987 Philippine Constitution

now governs the rule on citizenship.

Natural born citizens are those who are citizens

of the Philippines from birth, without having to

perform an act to acquire or perfect their


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Philippine citizenship. Those who elect

Philippines citizenship in accordance with

paragraph 3 Section 1 hereof shall be deemed

natural born citizens.

Jus Sanguinis refers to citizenship by blood

while jus soli refers to citizenship on the basis of

the place of birth.

The law that governs the acquisition of

Philippine citizenship is Commonwealth Act no.

473, as amended.

Subject to section 4 of this act, any person

having the following qualifications may become

a citizen of the Philippines by naturalization:

1.

He must not be less than 21 years of

age on the day of the hearing of the

petition.

2.

He must have resided in the Philippines

for a continuous period of not less than10 years.

3.

He must be of good moral characters

and believes in the principles underlying

the Philippine Constitution, and must

have conducted himself in a proper and

irreproachable manner during the

entire period of his residence in the

Philippines in his relation with the

constituted government as well as with

the community in which he is living

4.

He must own real state in thePhilippines worth not less than 5,000

pesos, Philippine currency, or must

have some known lucrative trade,

profession or lawful occupation (under

present constitution, however, no alien

or foreigner may own land except

through hereditary succession)

5.

He must be able to speak and write

english or Spanish and any one of the

principal Philippine language

6.

He must have enrolled his minor

children of school age in any public

school or private school recognized by

the Office of Private Education of the

Philippines, where Philippine history,

government and civics are taught or

prescribed as part of the school

curriculum, during the entire period of

the residence in the Philippines

required of him prior to the hearing of

his petition for naturalization as

Philippine citizen

The years of continuous residence required

under the 2nd

condition of the last preceding

section shall be understood as reduced to 5

years of any petitioner having any of the

following qualifications:

1.

Having honorably held office under the

Government of the Philippines or under

that of any of the provinces, cities,

municipalities or political subdivisions

2.

Having established a new industry or

introduced a useful invention in the

Philippines

3.

Being married to a Filipino woman

4.

Having been engaged as a teacher in

the Philippines in a public or recognizedprivate school not established for

exclusive instruction of children or

persons of a particular nationality or

race, in any of the branches of

education or industry for a period of

not less than 2 years

5.

Having been born in the Philippines

The following cannot be naturalized as

Philippine citizens

1.

Person opposed to organized

government or affiliated with anyassociation or group of persons who

upload and teach doctrines opposing all

organized governments

2.

Persons defending or teaching the

necessity or propriety of violence,

personal assault, or assassination for

the success and predominance of their

ideas

3.

Polygamists or believers in the practice

of polygamy

4.

Persons convicted of crimes involving

moral turpitude

5.

Persons suffering from mental

alienation or incurable contagious

diseases

6.

Persons who, during the period of their

residence in the Philippines, have not

mingled socially with the Filipinos, or

who have not evinced a sincere desire


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to learn and embrace all customs,

traditions, and ideals of the Filipinos

7.

Citizens or subjects of nations with

whom (the United States and) the

Philippines are at war, during the period

of war

8.

Citizens or subjects of a foreign country

other than the United States, whose

laws do not grant Filipinos the right to

become naturalized citizens or subject

thereof

The law that governs the loss of reacquisition of

citizenship is commonwealth Act no. 63 as

amended by Republic Act No. 106. The grounds

for the loss of citizenship are as follows:

1.

By naturalization in a foreign country

2.

By express renunciation of citizenship

3.

By subscribing to an oath of allegianceto support the constitution or laws of a

foreign country upon attaining 21 years

of age or more. Provided however, that

a Filipino may not divest himself of

Philippine citizenship in any manner

while the republic of the Philippines is

at war with any country

4.

By rendering service to, or accepting

commission in, the armed forces of a

foreign country

5.

By cancellation of the certification ofnaturalization

6.

By having been declared by competent

authority a deserter of the Philippine

armed forces in time of war, unless

subsequently, a plenary pardon or

amnesty has been granted

7.

In the case of a woman, upon her

marriage to a foreigner if by virtue of

the laws in force in her husbands

country, she acquires his nationality.

The grounds for the reacquisition of citizenship

are as follows:

1.

By naturalization. Provided, that the

applicant possess none of the

disqualification prescribed in section 4

of commonwealth act no. 473

2.

By repatriation of deserters of the

army, navy or air corps: provided that a

woman who lost her citizenship by

reason of her marriage to an alien may

be repatriated in accordance with the

provisions of commonwealth act no. 63,

as amended, after the termination of

the marital status

3.

By direct act of the congress of the

Philippines

MARRIAGE

Article 1

Marriage is a special contract of permanent

union between a man and a woman entered

into in accordance with the law for the

establishment of a conjugal and family life. It is

the foundation of the family and an inviolable

social institution whose nature, consequences,

and incidents are governed by law and not

subject to stipulation, except that marriage

settlements may fix the property relationsduring the marriage within the limits provided

by this code

By the contract of marriage, a man and a

woman enter a joint life, acting, living and

working as one.

Marriage is one of the basic civil rights of man,

fundamental to our very existence and survival.

The freedom to marry has long been recognized

as one of the vital personal rights essential to

the orderly pursuit of the happiness by free

man.It is something more than a mere contract.

Other contracts may be modified, restricted or

enlarged or entirely released upon the consent

of the parties. Not so with marriage. The

relationship once formed, the law steps in and

holds the parties to various obligations and

liabilities. it is an institution in the maintenance

of which in its purity the public is deeply

interested for it is the foundation of the family

and of society, without which there would be

neither civilization nor progress.

The policy of the law clearly was against such an

annulment considering that a marriage is not at

most a civil contract but it is at least a civil

contract, with status and the interest of the

State added to it.

It is not possible to have a marriage for one

purpose and no marriage at all for other


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purposes, for marriage is not only a contract but

a status and a kind of fealty to the state as well.

Marriage as a special contract cannot be

restricted by discriminatory policies of private

individuals or corporations.

That a marriage is not an ordinary contract is

even highlighted by the fact that Article 350 of

the Revised penal code provides that the

penalty of prision correccional in its medium

and maximum period shall be imposed upon

any person, who not having committed bigamy

which is separately penalized under Article

Documents

Persons and Family Relations Notes Civil Code Articles 38 to Marriage Article 1