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BAR Reviewer in Persons and Family Relations Part 2

Philippine Bar Exams Reviewer for Civil Law – Persons and Family Relations Part 2 Natural and Juridical Persons 15 Questions and Answers (with Subquestions)

Question #1 Define persons.

In its juridical sense, a “person” may be defined as a being, physical or moral, real or juridical and legal, which is susceptible to obligations, or of being the subject of legal relations.

Question #2

How are persons classified? Distinguish one from the other.

Persons are classified into natural and juridical persons.

The two may be distinguished from each other as follows:

(1) A natural person or human being has physical existence, whereas a juridical person exists only in contemplation of law;

(2) A natural person is the product of procreation, whereas a juridical person is the product of legal fiction.

Question #3
What is meant by “juridical capacity” and “capacity to act”? Distinguish one from the other.

“Juridical capacity” is the fitness to be the subject of legal relations, while “capacity to act” is the power to do acts with legal effect.

They may be distinguished from each other as follows:

(1) Juridical capacity is inherent in every natural person, and therefore, is not acquired, whereas capacity to act is not, and therefore, is acquired.

(2) Juridical capacity is lost only through death, whereas capacity to act may be lost through other means or circumstances.

(3) Juridical capacity cannot be limited or restricted, whereas capacity to act can be limited or restricted by certain circumstances.

(4) Juridical capacity can exist without capacity to act, but the existence of the latter always implies that of the former.

Question #4

What are the circumstances which modify or limit capacity to act?
The following circumstances, among others, modify or limit the capacity to act:

Age, insanity, imbecility, the state of being a deaf-mute, penalty, prodigality, family relations, alienage, absence, insolvency and trusteeship.

The consequences of these circumstances are governed in the Civil Code, other codes, the rules of court, and in special laws.

Capacity to act is not limited on account of religious belief or political opinion. Question #5
What is meant by status?
The status of a person is the legal condition or class to which one belongs in society. Question #6

What is meant by civil personality?
Civil personality is merely the external manifestation of either juridical capacity or capacity to act. Consequently, it may be defined as the aptitude of being the subject of rights and obligations. Question #7
When does civil personality begin in natural persons?

Article 5 of P.D. No. 603, which declares that the civil personality of the child shall commence from the time of his conception, for all poses favorable to him, subject to the requirements of Article 41 of the Civil Code of the Philippines.

For civil purposes, the fetus is considered born if it is alive at the time it is completely delivered from the mother’s womb.

However, if the fetus had an intra-uterine life of less than 7 months, it is not deemed born if it dies within 24 hours after its complete delivery from the maternal womb.

Question #8
How is civil personality extinguished?
Death extinguishes civil personality.
However, the rights and obligations of the deceased are not necessarily extinguished by his death.

Question #9

What is the effect if there is a doubt as to which of two persons, who are called to succeed each other, died first?

If there is a 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.

Question #10
What are the presumptions on survivorship under the Revised Rules of Court?

The presumptions on survivorship under the Revised Rules of Court are those provided for in Rule 131, Section 3.

They are as follows:

That except for purposes of succession, when two persons perish in the same calamity, such as wreck, battle, or conflagration, and it is not shown who died first, and there are no particular circumstances from which it can be inferred, the survivorship is determined from the probabilities resulting from the strength and the age of the sexes, according to the following rules:

1. If both were under the age of fifteen years, the older is deemed to have survived;

2. If both were above the age sixty, the younger is deemed to have survived;

3. If one is under fifteen and the other above sixty, the former is deemed to have survived;

4. If both be over fifteen and under sixty, and the sex be different, the male is deemed to have survived, if the sex be the same, the older;

5. If one be under fifteen or over sixty, and the other between those ages, the latter is deemed to have survived.

Question #11

When is the presumption given in Article 43 of the Civil Code of the Philippines applicable? How about the presumptions on survivorship?

The presumption given in Article 43 of the Civil Code of the Philippines is applicable when the following requisites are present:

First, the parties are heirs to one another; Second, there is no proof as to who died first; and

Third, there is doubt as to who died first.

The presumptions on survivorship, on the other hand, is applicable if the following requisites are present:

First, there are two or more persons;

Second, they perish in the same calamity;

Third, it is not shown who died first; and

Fourth, there are no particular circumstances from which it can be inferred that one died ahead of the other.

Question #12

How are juridical persons classified?

The following are the different kinds of 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 or purpose to which the law grants a juridical personality, separate and distinct from that of each shareholder, partner or member;

4. The Roman Catholic Church being considered as one because of tradition; 5. The estate of a deceased person.
Question #13
What is the capacity of a juridical person?

A juridical person can acquire and possess property of all kinds as well as incur obligations and bring civil or criminal actions, provided that they are in conformity with the laws and regulations of their organization.

Question #14
Who are citizens of the Philippines under the new Constitution?
The following are citizens of the Philippines in accordance with the new Constitution:
(1) Those who are citizens of the Philippines at the time of the adoption of this Constitution;

(2) Those whose fathers or mothers are citizens of the Philippines;

(3) Those born before January 17, 1973, of Filipino mothers, who elect Philippine citizenship upon reaching the age of majority; and

(4) Those who are naturalized in accordance with law. Question #15

For the exercise of civil rights and the fulfillment of civil obligations, what is the domicile of natural and juridical persons?

For the exercise of civil rights and the fulfillment of civil obligations, the domicile of natural persons is the place of habitual residence.

While the domicile of juridical persons is the place fixed by the law creating or recognizing the juridical person; and in the absence thereof, the place where their legal representation is established or where they exercise their principal functions.

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