NATURAL PERSONS

Commencement of Civil Personality:

Article 40 (as amended by Article 5 of Presidential Decree Number
603 or the Child and Youth Welfare Code)
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.

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.

Quimiguing v. Icao, 34 SCRA 132

A conceived child, although yet as unborn, is given by law

a provisional personality of its own for all purposes favourable to it. It
may receive donations as prescribed by Art. 742 of the Civil Code
which states:
ART. 742. Donations made to conceived and unborn children may
be accepted by those persons who would legally represent them
if they were already born.
The lower courts theory that support does not contemplate to children
as yet unborn violates Art. 40 of the Civil Code which states:
The conceived child shall be considered born for all purposes that
are favorable to it" adds further "provided it be born later with the
conditions specified in the following article" (i.e., that the foetus be
alive at the time it is completely delivered from the mother's
womb)
Geluz v. Court of Appeals, 2 SCRA 801

A parent cannot invoke the concept of provisional personality of a

conceived child to obtain damages for and on behalf of an aborted
child considering that the conditions set in Articles 40 and 41 were not
met.Birth Certificate

best evidence of the fact of birth

public document = registered with the office of the local civil

registrar

entries are only prima facie (accepted as correct until

proven otherwise)

Section 4 of the Civil Registry Law Act No. 3753

a)
b)

date and hour of birth

sex and nationality of infant
c)
names, citizenship, and religion of parents or, in case the
father is not known, of the mother alone
d)
civil status of parents
e)
place where the infant was born; and

f)such other data as may be required in the regulations to be

issued

In case of an exposed child:

a)
b)

date and hour of finding

other attendant circumstances

In case of an illegitimate child:

a)
shall be signed and sworn to jointly by the parents; or only
by the mother, if the father refuses

CONFIDENTIALITY OF BIRTH RECORDS

Birth records, including a birth certificate, are strictly confidential and
the contents therein cannot be revealed except in cases provided by
law. (Article 7 of Presidential Decree No. 603 as amended, otherwise
known as The Child and Youth Welfare Code)

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.

DEATH CERTIFICATE
The office of the local civil registrar of a municipality or city must also
have in its custody the death certificates of persons who died in its
locality. (Section 6 of the Civil Registry Law, Act No. 3753)

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 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.

PROOF OF DEATH
Applies only to persons who are called to succeed each other.
Otherwise, Rules of Court shall apply.
Presumption in the Rules of Court (Rule 123, sec. 69, par. 2)
Age
Both under 15
Both above 60
One under 15, the other above 60
Both over 15 and under 60;
different sexes
Both over 15 and under 60; same
sex
One under 15 or over 60, the other
between those ages

Presumed Survivor
Older
Younger
One under 15
Male
Older
One between 15 and 60

The proof of death must be established by positive evidence

and never from mere inference arising from another inference
or from presumptions or assumptions.

Joaquin v. Navarro, 93 Phil. 257

The statutory presumption of Article 43 was not applied due to the

presence of a credible eyewitness as to who died first.

JURIDICAL PERSONS
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
3) Corporations, partnerships and associations for private
interest or purpose

Article 45
Juridical persons mentioned in (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 regulations of their organization.

JURIDICAL PERSON
a being of legal existence susceptible of rights and
obligations, or of being the subject of juridical relations

STATE

 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 fundamental rule, the state cannot be sued without its consent
(Article XVI, Section 2 of the 1987 Philippine Constitution)

Philrock v. Board of Liquidators, 180 SCRA 171

The Board of Liquidators is a government agency, created under E.O.

372 to administer the assets and pay the liabilities of the defunct
REPACOM, thus it has no juridical personality, separate and distinct
from the government, and therefore, as a general rule, suing it is akin
to suing the State. The State enjoys immunity from suit except when it
conducts business through a government-owned and controlled
corporation or a non-corporate agency set up primarily for a business
purpose, and even then, the State may not be liable for damages since

the purse of the State, or the disbursement of public funds is in the

discretion of the Legislature.
POLITICAL SUBDIVISIONS
municipal corporations which consists of the provinces,
cities and municipalities

CORPORATION
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
Juridical Person
Public Corporation
Private Corporation

PARTNERSHIP

Governed by
Charter creating them
Corporation Code, Articles of
Incorporation and By-Laws

 two or more persons bind to contribute money, property, or

industry to a common fund, with the intention of dividing the
profits among themselves