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No, Sections 40, 41, and 42 of the Civil Code do not provide at all a
definition of death. Moreover, while the Civil Code expressly provides that
civil personality may be extinguished by death, it does not explicitly state
that only those who have acquired Juridical personality could die.
Death has been defined as a cessation of life. Life is not synonymous with
civil personality. One need not to acquire civil personality before he or she
could die. Even a child inside the womb already has life. No less than the
Constitution recognizes the life of the unborn from conception, that the
State must protect equally with the life of the mother. If the unborn already
has life, then the cessation thereof even prior to the child being delivered,
qualifies as death.