CHAPTER 1
GENERAL PROVISIONS
Art. 37. Juridical capacity, which is the fitness to be the subject of legal relations, is inherent in every natural person and is lost only through death. Capacity to act, which is the power to do acts with legal effect, is acquired and may be lost. (n)
Explanation:
1. Definiton Of Juridical Capacity- the fitness to be the subject of legal relations.
2. Definition of Capacity to Act- the power to do acts with legal effect.
3. Differences Between Juridical Capacity and Capacity to Act.
Juridical capacity Capacity to Act
-Passive -Active
-Inherent - Merely Acquired
-Lost only thru death - Lost thru death and may be restricted by other causes
-Can exist without capacity to act - Exists always with juridiacl capacity
4. Synonyms-Juridical Capacity; capacidad juridica
-Capacity to Act; capacidad de obrar
5. Definition of Full or Complete Civil Capacity- the union of two kinds of capacity (plena capacidad civil).
6. Example of the Use of term
A 1-year-old boy has juridical capacity but has no capacity to act. When he becomes 21, he will have full civil capacity.
Thursday, October 6, 2011
Art. 38. Minority, insanity or imbecility, the state of being a deaf-mute, prodigality and civil interdiction are mere restrictions on 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. (32a)
Explanation:
Minority
A minor create a trust of any kind nor can he act as an executor or administrator.
If at least 14 years of age, however, he must give his written consent to make valid legal adoption. If not at least 18 years old, he can make a will or be a witness to one.
Minority in only one of the limitations on the capacity to act and does not exempt the minor from certain obligations, as when the latter arise from his acts, of from a property relations. Thus he may acquire properly using the capital of his parents, said property to belong to the latter in ownership and usufruct.
Insanity or Imbecility
Insanity is a condition in which a person's mind is sick. Imbecility is feeble-mindedness, or a condition in which a person thinks like a small child.
If a person is under a guardianship because of insanity, he is of course presumed insane if he should enter into a contract. But this pesumption is only prima facie or rebuttable. if it can be shown that he was acting during a lucid interval. Tha Contract will be considered valid.
State of Being Deaf-Mute
A deaf-mute may either be sane or insane. if sane, prescription may run against him. He may make a will, but cannot be a competent witness to a notarial will.
Civil Interdiction
The restrictions in Art. 38 do not extinguish capacity to act. They merely restrict or limit the same. Thus, an insane person's comtract is merely voidable, not void. The incapacitated person is not exempt from certain obligations arising from his acts.
Example: If he commits a crime, his property may still be held liable.
Explanation:
Minority
A minor create a trust of any kind nor can he act as an executor or administrator.If at least 14 years of age, however, he must give his written consent to make valid legal adoption. If not at least 18 years old, he can make a will or be a witness to one.
Minority in only one of the limitations on the capacity to act and does not exempt the minor from certain obligations, as when the latter arise from his acts, of from a property relations. Thus he may acquire properly using the capital of his parents, said property to belong to the latter in ownership and usufruct.
Insanity or Imbecility
Insanity is a condition in which a person's mind is sick. Imbecility is feeble-mindedness, or a condition in which a person thinks like a small child.
If a person is under a guardianship because of insanity, he is of course presumed insane if he should enter into a contract. But this pesumption is only prima facie or rebuttable. if it can be shown that he was acting during a lucid interval. Tha Contract will be considered valid.
State of Being Deaf-Mute
A deaf-mute may either be sane or insane. if sane, prescription may run against him. He may make a will, but cannot be a competent witness to a notarial will.
Civil Interdiction
The restrictions in Art. 38 do not extinguish capacity to act. They merely restrict or limit the same. Thus, an insane person's comtract is merely voidable, not void. The incapacitated person is not exempt from certain obligations arising from his acts.
Example: If he commits a crime, his property may still be held liable.
Art. 39. The following circumstances, among others, modify or limit 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 this 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.
A married woman, twenty-one years of age or over, is qualified for all acts of civil life, except in cases specified by law. (n)
Explanation:
This article enumerates other restrictions, like family relations, alienage. According to the Code Commission, Art. 39 is broader than Art. 38. For a while Art. 38 refers to restrictions on capacity to act; Art. 39 includes not only restrictions or limitations but also those circumstances that modify capacity to act. For instance according to Code Commission, a father has generally full civil capacity and is not as such restricted under Art. 38, however, precisely because he is a father, his capacity to alienate his property is modified in the sense that he cannot impart the legitimate of his compulsary heirs.
Family Relations
A man cannot marry his mother, or sister, or even a first cousin the fact that a men is the father of a family creates an obligation to give support to his family and to give his children their legetime where no improper or unlawful motivation such as the presence of a personal grudge against the accused is shown, mere blood or family relationship with the victim does not render the dear and positive testimony of witnesses less worthy of full faith and credit.
Alienage
An alien cannot generally acquire private or public agricultural lands, including those residential in nature, except thru hereditary succession and this prohibition extends to alien corporations which cannot acquire ownership over said lands, even for a limited period of time. An alien cannot practice medicine or law, save in exceptional instances. Nor can an alien vote or be voted for a public office. Moreover, he cannot engage in coastwise shopping.
A Filipino woman married to a foreigner and who acquires his citizenship cannot acquire in the Philippines. And even if she becomes a widow on or October 1936 still before she can acquire said lands, she must first repatriate herself, that is reacquire Philippine citizenship.
An alien who gained entrance into the country through misrepresentation may be deported since he would be considered undesirable. The courts will not interfere with the Immigration Board's detention of a proposed deportee unless the deportee has been held for too long a period or the government admits it cannot deport him or he is being indefinitely imprisoned under the pretense of awaiting a chance for deportation.
Generally, proceedings for exclusion or deportation and a criminal action against the alien do not exclude each other, and may therefore co-exist.
Absence
The fact that once has been absent for several years and his whereabouts cannot be determined, subjects his property to administration by order of the court although his capacity to act is not limited.
Married Woman
A married woman, 21 years of age or over, is qualified for all acts of civil life except in cases specified by law.
She may, for example, donate, mortgage, or pledge her own paraphernal property without marital consent. She may even exercise a calling or protection. If the married woman be under 21, she is considered married minor, she therefore cannot dispose of or encumber her own real property without parental consent. if her husband is the guardian, his consent is needed.
According to the Code Commission, "The fact taht a woman is a wife modified her capacity to dispose of the conjugal property or to bring an action, through her capacity to act is not limited in the sense that a minor's capacity is limited."
A married woman, twenty-one years of age or over, is qualified for all acts of civil life, except in cases specified by law. (n)
Explanation:
This article enumerates other restrictions, like family relations, alienage. According to the Code Commission, Art. 39 is broader than Art. 38. For a while Art. 38 refers to restrictions on capacity to act; Art. 39 includes not only restrictions or limitations but also those circumstances that modify capacity to act. For instance according to Code Commission, a father has generally full civil capacity and is not as such restricted under Art. 38, however, precisely because he is a father, his capacity to alienate his property is modified in the sense that he cannot impart the legitimate of his compulsary heirs.
Family Relations
A man cannot marry his mother, or sister, or even a first cousin the fact that a men is the father of a family creates an obligation to give support to his family and to give his children their legetime where no improper or unlawful motivation such as the presence of a personal grudge against the accused is shown, mere blood or family relationship with the victim does not render the dear and positive testimony of witnesses less worthy of full faith and credit.
Alienage
An alien cannot generally acquire private or public agricultural lands, including those residential in nature, except thru hereditary succession and this prohibition extends to alien corporations which cannot acquire ownership over said lands, even for a limited period of time. An alien cannot practice medicine or law, save in exceptional instances. Nor can an alien vote or be voted for a public office. Moreover, he cannot engage in coastwise shopping.
A Filipino woman married to a foreigner and who acquires his citizenship cannot acquire in the Philippines. And even if she becomes a widow on or October 1936 still before she can acquire said lands, she must first repatriate herself, that is reacquire Philippine citizenship.
An alien who gained entrance into the country through misrepresentation may be deported since he would be considered undesirable. The courts will not interfere with the Immigration Board's detention of a proposed deportee unless the deportee has been held for too long a period or the government admits it cannot deport him or he is being indefinitely imprisoned under the pretense of awaiting a chance for deportation.
Generally, proceedings for exclusion or deportation and a criminal action against the alien do not exclude each other, and may therefore co-exist.
Absence
The fact that once has been absent for several years and his whereabouts cannot be determined, subjects his property to administration by order of the court although his capacity to act is not limited.
Married Woman
A married woman, 21 years of age or over, is qualified for all acts of civil life except in cases specified by law.
She may, for example, donate, mortgage, or pledge her own paraphernal property without marital consent. She may even exercise a calling or protection. If the married woman be under 21, she is considered married minor, she therefore cannot dispose of or encumber her own real property without parental consent. if her husband is the guardian, his consent is needed.According to the Code Commission, "The fact taht a woman is a wife modified her capacity to dispose of the conjugal property or to bring an action, through her capacity to act is not limited in the sense that a minor's capacity is limited."
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