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A. PERSONS

Person

• Any physical or juridical being susceptible o frights and obligations, or of being the subject of legal
relations

Persons vs. Things

• A person is the subject of legal relations

• A thing is the object of legal relations

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.

• 2 component elements of capacity:

1. Juridical capacity

• There are no degrees of juridical capacity.

• Juridical capacity is the same in every person. No one has more juridical capacity than others. It is
inherent in natural persons. On the other hand, it arises in artificial persons when such artificial
persons are created.

2. Capacity to act

• This is best presented by a spectrum:

• Nobody has 100% capacity to act. The law imposes restrictions on capacity to act. As long as one
has contractual capacity (a.k.a. full civil capacity) one is near 100% capacity to act. “Full civil
capacity” is not really 100% but close to it. With contractual capacity, one is generally able to perform
contracts and dispose of property.

• Nobody has 0% capacity to act. Infants are close to 0% but still have capacity to act. For example,
even fetus has the right to succeed and also have the right to the integrity of body. Aliens cannot own
colleges or broadcast media.

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.

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.
• Articles 38 and 39 are really the same thing. They are redundant.

• Insolvency – certain obligations cannot be performed (i.e., one cannot pay off debts in favor of one
creditor while excluding other creditors)

• Trusteeship – one is placed in guardianship.

• Prodigality – it is not by itself a restriction. It is a ground to be placed in guardianship

• These restrictions don’t exempt incapacitated persons from certain obligations.

Under Article 1156, there are 5 sources of obligations:

1. Law

2. Contract

3. Delict

4. Quasi-delict

5. Quasi-contract

• Thus, Articles 38 and 39 prevent incapacitated persons from incurring contractual obligations only.
Thus, even though an insane person cannot be thrown in jail for a criminal act, the insane person is
still civilly liable (delict). An incapacitated person must still pay income tax if income is earned.

• Although Articles 38 and 39 don’t mention it, incapacitated persons may acquire rights. For
example, they have the right to accept donations or to succeed.

• The enumeration in Articles 38 and 39 is not exclusive. There are others spread throughout the
code. (i.e., a lawyer cannot buy property in litigation – Article 1491 (5) )

• Article 39, last has been amended by R.A. No. 6809. 21 years is no longer the age of majority but 18.

• Article 39, last – What are the cases specified by law?

I. Natural Persons

Art. 40. Birth determines personality; but the conceived child shall be considered born for all
purposes that are favorable to it, provided it be born later with the conditions specified in the
following article.

Art. 41. For civil purposes, the foetus is considered born if it is alive at the time it is completely
delivered from the mother’s womb. However, if the foetus had an intra-uterine life of less than seven
months, it is not deemed born if it dies within twenty-four hours after its complete delivery from the
maternal womb.

• Principles:

1. For personality to be acquired one must be born

2. Once birth occurs, personality for favorable purposes retroacts to the moment of conception

• To be born means to be alive after the fetus is completely separated from the mother’s womb by
cutting off the umbilical cord.

• General Rule: To be born, it is enough that the fetus is alive when the umbilical cord is cut

• Exception: If the intra-uterine life is less than 7 months, it must live for at least 24 hours, before it is
considered born (There is no distinction as to how the child dies – whether natural, accidental, etc.)
• According to Professor Balane, modern medicine cannot as of yet determine if the intra-uterine life
is 7 months or less in terms of number of days. Modern medicine cannot determine the exact time
when fertilization took place. Modern medicine estimates the fetus age in weeks.

• An example of a case where upon birth occurs personality retroacts to the moment of conception is
in case of succession since it is favorable to the child. On the other hand, if the purpose is for paying
taxes, personality does not retroact since it is unfavorable to the child.

• In Geluz vs. CA, the SC said that the father could not file the action for damages. The fetus never
acquired personality because it was never born – it was not alive at the time it was delivered from the
mother’s womb. Since the fetus did not acquire any personality, it acquired no rights which could be
transmitted to the father. Thus, the father could not sue in a representative capacity. The father could
have sued in his personal capacity had the father suffered anguish which he did not.

Art. 42. Civil personality is extinguished by death. The effect of death upon the rights and obligations
of the deceased is determined by law, by contract and by will.

• This article deals with the extinguishment of civil personality

• Death is not defined in the Civil Code. Not even doctors know precisely when death occurs. There
are many theories.

• The fact of death is important because it affects civil personality and legal relations. The main effect
of death is readily seen in succession. Death is also relevant to labor law and insurance.

Art. 43. 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.

RULE 131, RULES OF COURT Sec. 3. Disputable presumptions. — The following presumptions are
satisfactory if uncontradicted, but may be contradicted and overcome by other evidence: (jj) 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 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 of 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.

• This is a presumption regarding simultaneous death and not a rule on survivorship. On the other
hand, the Rules provide for a presumption of survivorship based on certain criteria.

• The Rules of Court shall apply where:

1. The issue does not involve succession but something else (i.e., insurance, suspensive conditions);
and

2. The persons perish in the same calamity

• Article 43 shall apply where:

1. The case involves succession; and 2. The persons do not perish in the same calamity.

• If the conditions in the Rules of Court or Article 43 do not concur, do not apply either.

• Problem: What if succession is involved and the persons perish in the same calamity? Most
commentators say Article 43 will prevail. This is the only case of conflict between the Rules of Court
and Article 43.
• In Joaquin vs. Navarro, Article 43 was not applied. There was no need to apply the presumption in
Article 43 since there was evidence to show who died first.

II. Juridical Persons

Art. 44. The following are 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.

• This enumerates the juridical persons.

• A juridical person is an organic unit resulting from a group of persons or mass or property to which
the state grants or recognizes personality and capacity to hold patrimonial rights independent of
those of component members

• The juridical personality of political subdivisions and public corporations (i.e., GSIS, SSS)
commences when the law creating them becomes effective.

• The juridical personality of a private corporation commences upon incorporation with the SEC.

• The juridical personality of a partnership commences upon the meeting of the minds of the parties.

• Although the Catholic Church is not one of those mentioned in Article 44, it is still considered as a
juridical person in Barlin vs. Ramirez because of tradition.

Art. 45. Juridical persons mentioned in Nos. 1 and 2 of the preceding article are governed by the laws
creating or recognizing them. Private corporations are regulated by laws of general application on the
subject. Partnerships and associations for private interest or purpose are governed by the provisions
of this Code concerning partnerships.

Art. 46. Juridical persons may acquire and possess property of all kinds, as well as incur obligations
and bring civil or criminal actions, in conformity with the laws and regulations of their organization.

Art. 47. Upon the dissolution of corporations, institutions and other entities for public interest or
purpose mentioned in No. 2 of article 44, their property and other assets shall be disposed of in
pursuance of law or the charter creating them. If nothing has been specified on this point, the
property and other assets shall be applied to similar purposes for the benefit of the region, province,
city or municipality which during the existence of the institution derived the principal benefits from
the same.

• Dissolution is found in detail in the Corporation Code.

JURIDICAL PERSON GOVERNED BY State Constitution (Defines its organization and limits its
rights vis-à-vis citizens) Political subdivision Charter Public corporation Charter Private corporation
Corporation Code, Articles of Incorporation and By-Laws Partnerships Stipulations of the parties and
suppletorily by the general provisions on partnership

III. Citizenship and Domicile

Art. 48. The following are citizens of the Philippines:

(1) Those who were citizens of the Philippines at the time of the adoption of the Constitution of the
Philippines;

(2) Those born in the Philippines of foreign parents who, before the adoption of said Constitution,
had been elected to public office in the Philippines;
(3) Those whose fathers are citizens of the Philippines;

(4) Those whose mothers are citizens of the Philippines and, upon reaching the age of majority, elect
Philippine citizenship;

(5) Those who are naturalized in accordance with law. • This has been superseded by the
Constitution.

ARTICLE IV, PHILIPPINE CONSTITUTION

Section 1. The following are citizens of the Philippines:

(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.

Art. 49. Naturalization and the loss and reacquisition of citizenship of the Philippines are governed
by special laws.

Art. 50. For the exercise of civil rights and the fulfillment of civil obligations, the domicile of natural
persons is the place of their habitual residence.

Art. 51. When the law creating or recognizing them, or any other provision does not fix the domicile
of juridical persons, the same shall be understood to be the place where their legal representation is
established or where they exercise their principal functions.

• Article 50 governs the domicile of natural persons.

Article 51 talks about the domicile of juridical persons.

• Requisites of Domicile (Callego vs. Vera):

1. Physical Presence

2. Intent to remain permanently

• Kinds of Domicile 1. Domicile of Origin

• Domicile of parents of a person at the time he was born.

2. Domicile of Choice

• Domicile chosen by a person, changing his domicile of origin.

• A 3rd requisite is necessary – intention not to return to one’s domicile as his permanent place.

3. Domicile by Operation of Law (i.e., Article 69 , domicile of minor)

• Residence vs. Domicile

• Residence is not permanent (There is no intent to remain)

• Domicile is permanent (There is intent to remain)

• According to the Supreme Court in Marcos vs. COMELEC, the wife does not lose her domicile
upon marriage. She does not necessarily acquire her husband’s domicile. Until the spouses decide to
get a new domicile, the wife retains her old domicile. Under Article 698 of the Family Code, the
domicile is fixed jointly.
• 3 Rules:

1. A man must have a domicile somewhere.

2. A domicile once established remains until a new one is acquired.

3. A man can only have one domicile at a time.

• The following Articles in the Civil Code mention domicile:

1. Article 821 Art. 821. The following are disqualified from being witnesses to a will:

(1) Any person not domiciled in the Philippines;

(2) Those who have been convicted of falsification of a document, perjury or false testimony.

2. Article 829 Art. 829. A revocation done outside the Philippines, by a person who does not have his
domicile in this country, is valid when it is done according to the law of the place where the will was
made, or according to the law of the place in which the testator had his domicile at the time; and if
the revocation takes place in this country, when it is in accordance with the provisions of this Code.

3. Article 1251 Art. 1251. Payment shall be made in the place designated in the obligation. There being
no express stipulation and if the undertaking is to deliver a determinate thing, the payment shall be
made wherever the thing might be at the moment the obligation was constituted. In any other case
the place of payment shall be the domicile of the debtor. If the debtor changes his domicile in bad
faith or after he has incurred in delay, the additional expenses shall be borne by him. These provisions
are without prejudice to venue under the Rules of Court.

• The concept of domicile is not as important in civil law countries unlike common law countries
which follow the nationality theory.

IV. Surnames

• Surnames are important for identification. Surnames identify the family to which a person belongs
(transmitted from parent to child).

• A name is a word or a combination by which a person is known or identified (Republic vs.

Fernandez)

• Characteristics of Surnames

1. Absolute – intended to protect from confusion

2. Obligatory

3. Fixed – can’t change at one’s leisure

4. Outside the commerce of man – can’t sell or donate

5. Imprescriptible – even if one does not use, still your name

• Rules

1. As far as the state is concerned, your real name is the one in the Civil Registry (not the baptismal
certificate since parish records are no longer official)

2. Change of name can only be done through court proceedings Art. 376. No person can change his
name or surname without judicial authority.

3. However, a person can use other names which are authorized by C.A. No. 142 as amended by R.A.
No. 6085 (use of pseudonym)

• Guidelines regarding Change of Name

1. In a petition for change of name, courts are generally strict. You have to show sufficient cause.

• The cases of Naldoza vs. Republic and Republic vs. Marcos illustrate what are sufficient causes.
Republic vs. Hernandez added an additional ground. The enumeration is not an exclusive list of
causes. They are merely the ones frequently cited.

• In Republic vs. CA, the child wanted to change to the surname of the stepfather’s. The Supreme
Court said this is not allowed since it will cause confusion as to the child’s paternity.

2. In a petition for injunction or in a criminal case for violation of C.A. No. 142, courts are generally
liberal for as long as there is no fraud or bad faith.

• In Legamia vs. IAC, the Supreme Court allowed the mistress to use her live-in partner’s name since
everyone knew that she was the mistress – no confusion.

• In Tolentino vs. CA, the Supreme Court allowed the former Mrs. Tolentino to keep on using the
surname of Tolentino since the same was not being used for fraudulent purposes.

3. In case of adoption where the woman adopts alone, it is the maiden name that should be given the
child (Johnston vs. Republic)

Art. 370. A married woman may use:

(1) Her maiden first name and surname and add her husband’s surname, or (2) Her maiden first
name and her husband’s surname or

(3) Her husband’s full name, but prefixing a word indicating that she is his wife, such as “Mrs.”

• A married woman may use only her maiden name and surname. She has an option and not a duty
to use the surname of her husband as provided for in Art. 370. This is the obiter dictum in Yasin vs.
Shari’a which cites Tolentino.

• According to Yasin vs. Shari’a, when the husband dies, the woman can revert to her old name
without need for judicial authorization.

Art. 176, Family Code. Illegitimate children shall use the surname and shall be under the parental
authority of their mother, and shall be entitled to support in conformity with this Code. The legitime
of each illegitimate child shall consist of one-half of the legitime of a legitimate child. Except for this
modification, all other provisions in the Civil Code governing successional rights shall remain in
force.

• Illegitimate children shall use the surname of the mother. Art. 377. Usurpation of a name and
surname may be the subject of an action for damages and other relief. Art. 378. The unauthorized or
unlawful use of another person’s surname gives a right of action to the latter. • Articles 377 and 378
don’t talk of the same thing. • Article 377 deals with the usurpation of names. There is usurpation
when there is confusion of identity (i.e. you claim to be Jaime Zobel) • Elements of Article 377
(Usurpation): 1. There is an actual use of another’s name by the defendant 2. The use is unauthorized
3. The use of another’s name is to designate personality or identify a person. • Article 378 is using of
the name for purposes other than usurpation (i.e., slander; for example, I will use Daliva’s surname in
my product, calling it Daliva see-thru lingerie) V. Emancipation and Age of Majority (RA 6809)
REPUBLIC ACT NO. 6809 AN ACT LOWERING THE AGE OF MAJORITY FROM TWENTY-ONE
TO EIGHTEEN YEARS, AMENDING FOR THE PURPOSE EXECUTIVE ORDER NUMBERED TWO
HUNDRED NINE, AND FOR OTHER PURPOSES Sec. 1. Article 234 of Executive Order No. 209, the
Family Code of the Philippines, is hereby amended to read as follows: “Art. 234. Emancipation takes
place by the attainment of majority. Unless otherwise provided, majority commences at the age of
eighteen years.” Sec. 2. Articles 235 and 237 of the same Code are hereby repealed. Sec. 3. Article 236
of the same Code is also hereby amended to read as follows: “Art. 236. Emancipation shall terminate
parental authority over the person and property of the child who shall then be qualified and
responsible for all acts of civil life, save the exceptions established by existing laws in special cases.
“Contracting marriage shall require parental consent until the age of twenty-one. “Nothing in this
Code shall be construed to derogate from the duty or responsibility of parents and guardians for
children and wards below twenty-one years of age mentioned in the second and third paragraphs of
Article 2180 of the Civil Code.” Sec. 4. Upon the effectivity of this Act, existing wills, bequests,
donations, grants, insurance policies and similar instruments containing references and provisions
favorable to minors will not retroact to their prejudice. Sec. 5. This Act shall take effect upon
completion of its publication in at least two (2) newspapers of general circulation. Approved:
December 13, 1989 • Emancipation is the extinguishments of parental authority. It takes place at the
age of 18. • The problem with R.A. No. 6809, being a piece meal amendment, it does not take care of
all references in the Civil Code with reference to the age of majority. • One defect of R.A. No. 6809 is
that it restores the distinction between perfect and imperfect emancipation. The Family Code
removed the distinction which RA 6809 restored. Thus, although 18 is the age of emancipation: 1.
Persons between 18 to 21 still need parental consent for marriage. 2. Parents or guardians are liable
for the quasi-delicts of persons who are already 18 years old under Article 2180 until he reaches the
age of 21. According to Professor Balane, this is crazy. The basis for vicarious liability is parental
authority. Since parents and guardians no longer exercise parental authority, they should no longer be
made liable. This is unjust because the parents are no longer in a position to prevent their
emancipated children from acting – responsibility without power.

• 2 of Article 2180 has been repealed by Article 221 of the Family Code.

VI. Absence • Absence is that special legal status of one who is not in his domicile, his whereabouts
being unknown and it being uncertain whether he is dead or alive. Example: When Lacson went to
the US, Lacson was not absent since his whereabouts were known.

• Stages of Absence (According to Seriousness)

1. Temporary or Provisional (Articles 381 – 383)

Art. 381. When a person disappears from his domicile, his whereabouts being unknown, and without
leaving an agent to administer his property, the judge, at the instance of an interested party, a relative,
or a friend, may appoint a person to represent him in all that may be necessary. This same rule shall
be observed when under similar circumstances the power conferred by the absentee has expired.

Art. 382. The appointment referred to in the preceding article having been made, the judge shall take
the necessary measures to safeguard the rights and interests of the absentee and shall specify the
powers, obligations and remuneration of his representative, regulating them, according to the
circumstances, by the rules concerning guardians.

Art. 383. In the appointment of a representative, the spouse present shall be preferred when there is
no legal separation. If the absentee left no spouse, or if the spouse present is a minor, any competent
person may be appointed by the court.

• Requisites for Provisional Absence

1. Absence for an appreciable period which depends upon the circumstances 2. Immediate necessity
for his representation in some specific urgent matter 3. Absentee left no agent or the agency has
expired.

• The declaration of provisional absence (must go to court) is limited to a specific act.

2. Normal or Declared (Articles 384 – 389)

Art. 384. Two years having elapsed without any news about the absentee or since the receipt of the
last news, and five years in case the absentee has left a person in charge of the administration of his
property, his absence may be declared.

Art. 385. The following may ask for the declaration of absence: (1) The spouse present; (2) The heirs
instituted in a will, who may present an authentic copy of the same; (3) The relatives who may
succeed by the law of intestacy; (4) Those who may have over the property of the absentee some right
subordinated to the condition of his death.

Art. 386. The judicial declaration of absence shall not take effect until six months after its publication
in a newspaper of general circulation.
Art. 387. An administrator of the absentee’s property shall be appointed in accordance with article
383.

Art. 388. The wife who is appointed as an administratrix of the husband’s property cannot alienate or
encumber the husband’s property, or that of the conjugal partnership, without judicial authority.

Art. 389. The administration shall cease in any of the following cases: (1) When the absentee appears
personally or by means of an agent; (2) When the death of the absentee is proved and his testate or
intestate heirs appear; (3) When a third person appears, showing by a proper document that he has
acquired the absentee’s property by purchase or other title. In these cases the administrator shall
cease in the performance of his office, and the property shall be at the disposal of those who may
have a right thereto.

• Periods 1. 2 years – if he did not leave an agent 2. 5 years – if he left an agent • Computation of
Period a. If no news, the period must be computed from the date of disappearance. b. If there is news,
the period must be computed from the last time the absentee was referred to in the news (not receipt
of last news) For example, X in 1996 goes on a world tour. On March 1, X poses for a picture and
sends a postcard. This is received by Y on September 1. X is not heard from again. According to
Professor Balane, the disappearance should be counted from March 1 and not September 1. Counting
from September 1 just doesn’t make sense!

• The purpose of the declaration of absence is for the court to have someone to administer the
property of the absentee – Article 384. If the absentee left no property to administer, then one cannot
resort to a declaration of absence.

• For purposes of re-marriage, a declaration of absence is not proper. In this case, what is required is a
summary proceeding for presumptive death.

3. Presumptive Death

a. Ordinary Presumptive Death (Article 390)

Art. 390. After an absence of seven years, it being unknown whether or not the absentee still lives, he
shall be presumed dead for all purposes, except for those of succession. The absentee shall not be
presumed dead for the purpose of opening his succession till after an absence of ten years. If he
disappeared after the age of seventy-five years, an absence of five years shall be sufficient in order
that his succession may be opened.

1. If absentee is 75 or below

• 7 years – for all purposes except succession

• 10 years – for succession 2. If absentee is over 75 years old

• 5 years for all purposes

b. Qualified Presumptive Death (Article 391)

Art. 391. The following shall be presumed dead for all purposes, including the division of the estate
among the heirs: (1) A person on board a vessel lost during a sea voyage, or an aeroplane which is
missing, who has not been heard of for four years since the loss of the vessel or aeroplane; (2) A
person in the armed forces who has taken part in war, and has been missing for four years; (3) A
person who has been in danger of death under other circumstances and his existence has not been
known for four years.

• Person on board a vessel lost during a sea voyage, missing airplane , person in the armed forces
who has taken part in war, a person who has been in danger of death under other circumstances and
his existence is not known.

• General Rule: 4 years for all purposes

• Exception: 2 years for purposes of remarriage (Article 41, Family Code)

Art. 41. A marriage contracted by any person during subsistence of a previous marriage shall be null
and void, unless before the celebration of the subsequent marriage, the prior spouse had been absent
for four consecutive years and the spouse present has a well-founded belief that the absent spouse
was already dead. In case of disappearance where there is danger of death under the circumstances
set forth in the provisions of Article 391 of the Civil Code, an absence of only two years shall be
sufficient. For the purpose of contracting the subsequent marriage under the preceding paragraph the
spouse present must institute a summary proceeding as provided in this Code for the declaration of
presumptive death of the absentee, without prejudice to the effect of reappearance of the absent
spouse.

• When can you ask for a decree of presumptive death for purposes of remarriage? 1. 4 years after
disappearance 2. 2 years if the circumstances fall under Article 391

• Under these rules on presumptive death, there is no need for a court decree. The mere running of
the period raises the presumption of death.

• However, for purposes of remarriage, a summary proceeding is required under Article 41 of the
Family Code. Otherwise, the subsequent marriage is void.

• In the case of Eastern Shipping vs. Lucas, the Supreme Court did not apply Article 391. The
Supreme Court said that Article 391 is a rebuttable presumption. Being a presumption, Article 391 is
applied only if there is no evidence. In this case, the Supreme Court had enough evidence to rule that
the seaman was really dead.

VII. Funerals

Art. 305. The duty and the right to make arrangements for the funeral of a relative shall be in
accordance with the order established for support, under article 294. In case of descendants of the
same degree, or of brothers and sisters, the oldest shall be preferred. In case of ascendants, the
paternal shall have a better right.

• The order given in Article 305 as to who has the right to make funeral arrangements follows the
order for support under Article 199* of the Family Code.

Art. 306. Every funeral shall be in keeping with the social position of the deceased.

Art. 307. The funeral shall be in accordance with the expressed wishes of the deceased. In the absence
of such expression, his religious beliefs or affiliation shall determine the funeral rites. In case of doubt,
the form of the funeral shall be decided upon by the person obliged to make arrangements for the
same, after consulting the other members of the family.

Art. 308. No human remains shall be retained, interred, disposed of or exhumed without the consent
of the persons mentioned in articles 294 and 305.

Art. 309. Any person who shows disrespect to the dead, or wrongfully interferes with a funeral shall
be liable to the family of the deceased for damages, material and moral.

Art. 310. The construction of a tombstone or mausoleum shall be deemed a part of the funeral
expenses, and shall be chargeable to the conjugal partnership property, if the deceased is one of the
spouses.

VIII. Civil Registry

• The Civil Registry is the repository of relevant facts of a person (birth, adoption, nationalization,
marriage, death, etc.)

Art. 407. Acts, events and judicial decrees concerning the civil status of persons shall be recorded in
the civil register.

• Anything which affects the civil status of persons shall be recorded in the Civil Register. (Read also
Article 7, of PD 603 )
Art. 408. The following shall be entered in the civil register: (1) Births; (2) marriages; (3) deaths; (4)
legal separations; (5) annulments of marriage; (6) judgments declaring marriages void from the
beginning; (7) legitimations; (8) adoptions; (9) acknowledgments of natural children; (10)
naturalization; (11) loss, or (12) recovery of citizenship; (13) civil interdiction; (14) judicial
determination of filiation; (15) voluntary emancipation of a minor; and (16) changes of name.

Art. 409. In cases of legal separation, adoption, naturalization and other judicial orders mentioned in
the preceding article, it shall be the duty of the clerk of the court which issued the decree to ascertain
whether the same has been registered, and if this has not been done, to send a copy of said decree to
the civil registry of the city or municipality where the court is functioning.

Art. 410. The books making up the civil register and all documents relating thereto shall be
considered public documents and shall be prima facie evidence of the facts therein contained.

• Public documents shall be presumed to be accurate.

• Under Article 7 of PD 603, public documents are not accessible to everybody.

• Correlate Article 410 with Article 15 of RA 8552

• (The Domestic Adoption Act).

Art. 411. Every civil registrar shall be civilly responsible for any unauthorized alteration made in any
civil register, to any person suffering damage thereby. However, the civil registrar may exempt
himself from such liability if he proves that he has taken every reasonable precaution to prevent the
unlawful alteration.

Art. 412. No entry in a civil register shall be changed or corrected, without a judicial order.

• Entries in the civil register can only be corrected by a judicial proceeding. Without the judicial
proceeding, the person would be guilty of falsification of public documents and possibly other crimes
regarding the civil status of persons (i.e., simulation of birth)

• Originally, Article 412 could only be resorted to if the error was merely clerical. In Barreto vs. Local
Civil Registrar, the Supreme Court defined a clerical error as one which is visible to the eyes or
obvious to the understanding. In this case, the alleged error being the gender of the person, the
alleged error could not be determined by a reference to the record.

• In recent years, the Supreme Court has ruled that a petition for correction of entry under Article 412
and Rule 108 can be availed of to correct the following errors: 1. Clerical 2. Substantial

• If the error is clerical, a summary proceeding is enough. If the error is substantial, an adversary
proceeding with notice to all parties is necessary.

Art. 413. All other matters pertaining to the registration of civil status shall be governed by special
laws.
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