Civil Law Review

What is Civil Personality?

Civil Personality is the aptitude of being the subject, active or passive, of rights and obligations

Distinguish Juridical Capacity from Capacity to Act

Juridical Capacity Capacity to Act
Fitness to be the subject of legal relations (Art. Power to do acts with legal effects (Art. 37)
37)
As to status, it is passive As to status, it is active
As to acquisition, it is inherent As to acquisition, merely acquired
As to effect of death, lost only through death As to effect of death, lost through death and
restricted by other causes
As to existence, it can exist without capacity to As to existence, always exists with juridical
act capacity

Doctrines:

Under Section 1, Rule 3 of the Revised Rules of Court, only natural or juridical persons, or
entities authorized by law may be parties in a civil action. Article 44 of the Civil Code
enumerates the various classes of juridical persons. Under said Article, an association is
considered a juridical person if the law grants it a personality separate and distinct from that of
its members. The records of the present case are bare of any showing by SSHA that it is an
association duly organized under Philippine law (Dueas vs. Santos Subdivision Homeowners
Association, 431 SCRA 76, G.R. No. 149417 June 4, 2004),

What are the restrictions on Capacity to Act?

1. Minority
2. Insanity or imbecility
3. State of being deaf mute
4. Prodigality
5. Civil Interdiction

These are mere restrictions and do not exempt the incapacitated person from certain
obligations (Art. 38).

What are the circumstances that modify or limit the capacity to act?
According to Article 39, these are:
1. Family relations
2. Insanity
3. Imbecility
4. Insolvency
5. Trusteeship
6. Penalty
7. Prodigality
8. Age
9. Alienage
10. Absence
11. Stance of being deaf mute

What is the reason behind Articles 38 and 39?

The reason is to make an overview of the situation of the persons power to undertake acts that
can produce legal effects.