Professional Documents
Culture Documents
D. Personality
C. Humanity 1. What is Civil Personality
1. from the deliberation with Mr. Villegas a. Art. 37, Civil Code - Juridical capacity,
– a fertilized ovum is human as it is only which is the fitness to be the subject of
human cells that has a chromosome count of legal relations, is inherent in every natural
46. person and is lost only through death.
Capacity to act, which is the power to do
xxx. I do not think there is ambiguity because acts with legal effect, is acquired and may
the fertilized egg, in the normal course of be lost.
events, will be developed into a human
being, a fetus, and as long as the normal b. The external manifestation of either
course of events is followed. I think that Juridical capacity or Capacity to act.
the right to life exists and the Constitution
should recognize that right to life. We do not c. May be defined as the aptitude of being
presume accidents; we do not presume the subject, active or passive, of rights and
ambiguities. We presume that as long as it obligations.
is categorized as a fertilized ovum, it will
ripen into human personality. (Emphasis 2. When it commences
supplied)
a. Art 40, Civil Code - Birth determines
Arguments to the fertilization theory: personality; but the conceived child shall be
considered born for all purposes that are
favorable to it, provided it be born later 6. Presumptive Personality (Pseudo-
with the conditions specified in the Persona)
following article. (29a)
a. New Civil Code of 1950 - an unborn
b. Article 5 of PD #603, “Child and child is granted presumptive personality
youth welfare code,” amended article from the time of its conception for civil
40 of civil code. purposes that are favorable to it, although
subject to the condition that it be born
The civil personality of the child shall later.
commence from the time of his conception
(the beginning of pregnancy) for all b. Title I (Crimes Against Persons),
purposes favorable to him, subject to the Chapter 8 (Destruction of Life) of the
requirements of article 41 of the civil code. Revised Penal Code - the killing of viable,
and even non-viable, fetuses may result in
criminal liability.
3. When a child is considered conceived c. 1987 Constitution - Although the
framers of the Constitution expressly
a. Art. 41, Civil Code - For civil purposes, recognized the unborn’s right to life from
the foetus is considered born if it is alive at conception, they did not intend to give the
the time it is completely delivered from the unborn the status of a person under the
mother’s womb. However, if the foetus had law.
an intra-uterine life of less than seven
months, it is not deemed born if it dies xxx. Unlike the rights emanating from
within twenty-four hours after its complete personhood, the right to life granted to the
delivery from the maternal womb. (30a) unborn is in itself complete from
conception, unqualified by any condition.