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."