Mark L. Supatan
Nature of Personality – In law there are
persons who are not human beings and
there are human beings who were not
persons. The technical, legal meaning of
person is any being capable of possessing
legal rights and duties.
The two classes of persons in the eyes of
the law; 1, Natural and 2, Artificial or
Juridical.
Natural Persons
Status –the most important subject in
the study of natural persons is that of
Status.
Status maybe defined as the legal
condition of position of person by virtue
of which certain rights and duties arise.
 Juridical Persons
Nature of Juridical Persons – Artificial or
juridical persons are legal creations to which
the law attributes a fictitious personality. They
are groups or entities of human beings which
acquire a corporate character and are treated
by law for certain purposes. Artificial persons
are created by the legislature by means of a
character or general statute.
Classes of Juridical Persons
1. State and its political subdivisions;
2. Corporations, institutions and entities for
public interest or purpose, created by law;
3. Corporations, partnerships and associations
for private interest or purpose to which law
grants a juridical personality.
Public corporations are governed by the laws
creating or recognizing it, private
corporations by laws of general application
on the subject.
Juridical Capacity and Capacity to Act
Is defined as the fitness to be the
subject of legal relations.
Is inherent of every natural person and
is lost only through death.
• Capacity to act denotes the power to do
acts with legal effect.
•When a person possesses both juridical
capacity and capacity to act, he has full
civil capacity.
Circumstances Affecting Civil Personality
Birth - determines personality;
juridical capacity begins at the moment
of birth.
Minority – is an example of a person
having juridical capacity but no capacity
to act. In our juridisction majority
commences on attaining twenty-one
years of age.
Age – also an important factor in
marriage, consent, crime and statory
rape.
Sex – affects a person’s standing before the
law because there are certain rights and duties
recognized by law for persons of one sex which
are not applicable to the other sex.
Legitimacy- the law makes a distinction
between legitimate and illegitimate children.
Parental Authority- is exercised jointly by
the father and mother over their emancipated
legitimate children as well as their so-called
natural children in legal fiction in respect of
both their persons and property.
Insanity and Imbecility – a lunatic, generally
speaking, is incapable of any legal act, cannot
be given consent to contract, cannot make a
will, cannot marry. An imbecile is a person
who is permanently insane, having the
mentality of a child.
State of Being Deaf-Mute or Blind – who do
not know how to write cannot give consent to a
contract, cannot be witnessed to a will.
Marriage gives rise to certain well-defined
reciprocal rights and duties between husband
and wife concerning their persons and their
property.
Family Relations – have an important bearing on a
person’s rights and duties because some relatives
are reciprocally bound by law to support each other,
are prohibited from marrying each other, and some
entitled to who inherit while others are not.
Prodigality – affects civil personality because a
prodigal is incapacitated from administering his
own affairs and is subject to guardianship.
Insolvency – is one who has been declared by the
court a bankrupt and whose assets are converted
into cash for distribution among his creditors.
Trusteeship – is a fiduciary relations between the
trustee and beneficiary as regards to certain
property.
Penalty – Principal penalties such as perpetual or
temporary disqualification, suspension from public
office, deprivation of the right to vote and to be
voted for and to exercise a profession or calling and
civil interdiction.
• A person under civil interdiction is divested of his
rights of parental and marital authority,
guardianship, and of the right to manage is property
and dispose of it by any act or conveyance inter
vivos.
Alienage – whether a person is a citizen or an alien
affects only his public or political right and duties.
Aliens do not enjoy the right to vote; neither can
they be elected to any public office.
Domicile – “In a strict and legal sense that is
properly the domicile of a person where he
has his true, fixed, permanent home and
principal establishment and to which,
whenever he is absent, he has the intention of
returning.”
Absence – a person maybe declared an
absentee after two years have elapsed since his
disappearance (five years in case he has left
an agent) disappears from his domicile and
his whereabouts unknown and there is no
news about him. After an absence of seven
years, he shall be presumed dead for all
purposes.
Death – extinguishes civil personality.
The effect of death upon the rights and
obligations of the deceased is
determined by law, by contract and by
will.

Persons

  • 1.
  • 2.
    Nature of Personality– In law there are persons who are not human beings and there are human beings who were not persons. The technical, legal meaning of person is any being capable of possessing legal rights and duties. The two classes of persons in the eyes of the law; 1, Natural and 2, Artificial or Juridical.
  • 3.
    Natural Persons Status –themost important subject in the study of natural persons is that of Status. Status maybe defined as the legal condition of position of person by virtue of which certain rights and duties arise.
  • 4.
     Juridical Persons Natureof Juridical Persons – Artificial or juridical persons are legal creations to which the law attributes a fictitious personality. They are groups or entities of human beings which acquire a corporate character and are treated by law for certain purposes. Artificial persons are created by the legislature by means of a character or general statute.
  • 5.
    Classes of JuridicalPersons 1. State and its political subdivisions; 2. Corporations, institutions and entities for public interest or purpose, created by law; 3. Corporations, partnerships and associations for private interest or purpose to which law grants a juridical personality. Public corporations are governed by the laws creating or recognizing it, private corporations by laws of general application on the subject.
  • 6.
    Juridical Capacity andCapacity to Act Is defined as the fitness to be the subject of legal relations. Is inherent of every natural person and is lost only through death. • Capacity to act denotes the power to do acts with legal effect. •When a person possesses both juridical capacity and capacity to act, he has full civil capacity.
  • 7.
    Circumstances Affecting CivilPersonality Birth - determines personality; juridical capacity begins at the moment of birth. Minority – is an example of a person having juridical capacity but no capacity to act. In our juridisction majority commences on attaining twenty-one years of age. Age – also an important factor in marriage, consent, crime and statory rape.
  • 8.
    Sex – affectsa person’s standing before the law because there are certain rights and duties recognized by law for persons of one sex which are not applicable to the other sex. Legitimacy- the law makes a distinction between legitimate and illegitimate children. Parental Authority- is exercised jointly by the father and mother over their emancipated legitimate children as well as their so-called natural children in legal fiction in respect of both their persons and property.
  • 9.
    Insanity and Imbecility– a lunatic, generally speaking, is incapable of any legal act, cannot be given consent to contract, cannot make a will, cannot marry. An imbecile is a person who is permanently insane, having the mentality of a child. State of Being Deaf-Mute or Blind – who do not know how to write cannot give consent to a contract, cannot be witnessed to a will. Marriage gives rise to certain well-defined reciprocal rights and duties between husband and wife concerning their persons and their property.
  • 10.
    Family Relations –have an important bearing on a person’s rights and duties because some relatives are reciprocally bound by law to support each other, are prohibited from marrying each other, and some entitled to who inherit while others are not. Prodigality – affects civil personality because a prodigal is incapacitated from administering his own affairs and is subject to guardianship. Insolvency – is one who has been declared by the court a bankrupt and whose assets are converted into cash for distribution among his creditors. Trusteeship – is a fiduciary relations between the trustee and beneficiary as regards to certain property.
  • 11.
    Penalty – Principalpenalties such as perpetual or temporary disqualification, suspension from public office, deprivation of the right to vote and to be voted for and to exercise a profession or calling and civil interdiction. • A person under civil interdiction is divested of his rights of parental and marital authority, guardianship, and of the right to manage is property and dispose of it by any act or conveyance inter vivos. Alienage – whether a person is a citizen or an alien affects only his public or political right and duties. Aliens do not enjoy the right to vote; neither can they be elected to any public office.
  • 12.
    Domicile – “Ina strict and legal sense that is properly the domicile of a person where he has his true, fixed, permanent home and principal establishment and to which, whenever he is absent, he has the intention of returning.” Absence – a person maybe declared an absentee after two years have elapsed since his disappearance (five years in case he has left an agent) disappears from his domicile and his whereabouts unknown and there is no news about him. After an absence of seven years, he shall be presumed dead for all purposes.
  • 13.
    Death – extinguishescivil personality. The effect of death upon the rights and obligations of the deceased is determined by law, by contract and by will.