Post on 06-Apr-2018
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Agatep | Mayuga | Mendoza | Miranda |Patawaran
CIVIL PERSONALITY
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Sources of Islamic Law
(1) The Glorious Qu'ran
(2) Prophetic Sunna or Hadith,
(3) Ijma - consensus of the community/ of
the learned scholars or jurists(4) Qiyas - reasoning by analogy
Supplementary sources:(1) Istihsan or juristic preference - accepts a rule on thebasis of what is believed to constitute a more relevantlegal reason
(2) Istislah - taking public interest or welfare into account
(3) Urf or custom
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Journey to P.D. 1083
13 August 1973 Pres. Marcos issuedMemorandum Order 370 creating a ResearchStaff for draft of a proposed Muslim Code
(finished April 1974)23 December 1974 Executive Order 442creating the Presidential Commission toReview the Code on Filipino Muslim Laws
29 August 1975 Presentation of theCommission of their report to the President
4 February 1977 Signing of PresidentMarcos of P.D. 1083
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What is LEGALCAPACITY?
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Overview of LegalCapacity and Capacity
to Act
A comparison of civil law and Islamic lawon these points shows that Arts. 8 to 12 ofthe MC are practically lifted from Arts.
37-43 of the NCC. This does NOT mean that the MC is copied
from the CC (old and new) Historical Basis the Iberian Peninsula had
been under Islamic domination for 8centuries
Taudih (Sadrush Shariat) Spanish Civil
Code Civil Code of the Philippines
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Civil Code Provision
Art. 37. Juridical capacity, whichis the fitness to be the subject oflegal relations, is inherent in
every natural person and is lostonly through death. Capacity toact, which is the power to do acts
with legal effect, is acquired andmay be lost
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CMPL Provision
Art. 8. Legal capacity. Juridicalcapacity, which is the fitness tobe the subject of legal relations,
is inherent in every naturalperson and is lost only throughdeath. Capacity to act, which is
the power to do acts with legaleffect, is acquired and may belost.
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Civil Law Concept ofCapacity
Union of juridical capacity andcapacity to act forms the full civilcapacity
Juridical capacity can exist withoutcapacity to act, but capacity to actimplies the existence of a juridicalpersonality
According to Tolentino, mostscholars regard personality and
juridical capacity as one and thesame
Status personal quality of
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Civil Law Concept ofCapacity
Capacity only part of status andmay be defined as the sum total ofhis rights and obligations.(Graveson); the ability, power,
qualification or competency ofpersons, artificial or natural, for theperformance of civil acts dependingon their state or condition, as
defined or fixed by law. (Tolentino)Juridical capacity (inherent) Ahliatul
wujub Capacity to act (active) Ahliatul ada
Illustrative cases: Barrientos v. Daarol,
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Islamic Law Concept
Ahliyyah From ahl - "sufficient
qualifications, the possession ofwhich enables the possessor toenjoy something or be qualifiedfor certain matters"
Ahliyyat al-wujup and Ahliyyat al-ada'.
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First Element
Ahliyyat al-wujup: ability of aperson to acquire rights andobligations. This is the core of legal
personality (but is still a conceptdistinct from legal personality). Maybe restricted (naqisah) or full(kamilah).
Restricted ability to acquire a limitednumber of rights and obligations; appliesto fetus and embryo only, duringpregnancy.
Full attributed to every human beingfrom birth up to death.
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Second Element
Ahliyyat al-ada: discretioncapacity; that ability ofcomprehension, discretion anddiscernment sufficient for a person to
conduct his affairs by himself, Once aperson has this, he has full legalcapacity, and becomes able to receivethe Shari'ah injunctions and be
accountable for actions involvingobligations and use or abuse of rights.May be obsolete (ma'doumah) orrestricted (naqisah) or full (hamilah).
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Obsolete persons who have not yetattained de age of discernment orattained it but for some reason could notsatisfy its requirements (eg., childrenless than 7 yrs. old and the insane)
Restricted persons who satisfy the
discernment requirement but have notyet attained a sufficient level of mentaland physical maturity (children over theage of 7)
Full Akin to the concept of
CAPACITY TO ACT under CIVILLAW
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What are the
RESTRICTIONSon Capacity to Act?
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Civil Code Provision
Art. 39. The following circumstances,among others, modify or limit capacityto 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 thisCode, other codes, the Rules of Court,and in special laws. Capacity to act isnot limited on account of religious belief
or political opinion.
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CMPL Provision
Art. 9. Restrictions on capacity. Thefollowing circumstances, among others,modify or limit capacity to act: age,
insanity, imbecility, the state of beingdeaf-mute, the condition of death-illness (marad-ul-maut), penalty,prodigality, absence, family relations,
alienage, insolvency, and trusteeship.The consequences of thesecircumstances are governed by thisCode and other Islamic laws and, in a
suppletory manner, by other laws.
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The capacity to act, unlike juridicalcapacity, may be restricted by the
above circumstances.
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AGE this does not mean onedoes not have a capacity to act;rather, such act is limited or
restricted A comparison of the age of
majority or agil baligue (age of
discernment or reason) CIVIL CODE:
Art. 402, NCC: 21 years of age
Art. 234, FC, as amended by RA 6809:
18 years of age
AGE
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ISLAMIC LAW: GR: 15 years of age
Exception: women date ofmenstruation; men date ofihtilam
(wet dreams)
Marriage In the Family Code, the legal age to marry is
18 with parental consent (Art. 14)
Prof. Araceli Baviera comments that raisingthe marriageable age to 18 ignores thebiological fact that some persons may want
to get married below that age.
AGE
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Other Civil Acts A minor cannot enter into contracts (Art.
1327 par. 1)
A minor cannot make a will (Art. 797, NCC;Art. 105, CMPL).
A minor must pay for necessaries (Art.1489, par. 2).
Delicts Minor is liable with his property for crimes
committed by them, if they have noguardian (Art. 101, par. 3).
Quasi-delicts Minor shall be answerable with his property
if he causes damage, and has no parent orguardian (Art. 2182).
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INSANITY AND IMBECILITY INSANITY a condition of mental sickness
IMBECILITY a condition in which a personthinks like a small child
Civil Acts Testator must be of sound mind at the time
of its execution (Art. 798, NCC; Art. 105,CMPL).
Contracts entered into during a lucidinterval are valid (Art. 1328).
When the defect of the contract consists inthe incapacity of one of the persons, theincapacitated person is not obliged tomake any restitution except insofar as hehas been benefited by the thing or price
received by him (Art. 1399).
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Delicts The property of the insane or imbecile shall
answer for civil liability for crimescommitted by them, if they have noguardian or the latter is insolvent (Art. 101
(3), RPC). Quasi-delicts If the minor or insane person causing
damage has no parent or guardian, the
minor or insane shall be answerable withhis property (NCC Art. 2182).
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DEAF MUTE
DEAF-MUTISM sane or insane; ifsane, presumption may run againsthim (Director v. Abelardo); he maymake a will but (Art. 807) but
cannot be a competent witness to anotarial will (Art. 820) Art. 1327. The following cannot give
consent to a contract: (2) Insane or
demented persons, and deaf-muteswho do not know how to write.
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DIRECTOR OF LANDS v. ABELARDO(54 PHIL 687): The old rule that adeaf-mute was presumed to be anidiot no longer prevails; suchpersons are now considered ascapable of entering into contracts ifshown to have sufficient mentalcapacity.
Deaf-mutes may:
Make a will (Art. 807) Repudiate an inheritance (Art. 1048) But may not:
Be a witness to the execution of a
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PENALTYCivil Law The RPC provides for principal penalties and accessory
penalties (Art.25). Civil interdiction is a different penalty that also restricts
capacity to act. It is an accessory penalty imposed withimprisonment for 12 years and 1 day to 20 years (Art. 41,RPC).
Effects of civil interdiction (Art. 34): Deprivation of parental or marital authority; Deprivation of the right to be the guardian of the person
or property of a ward; Deprivation of his property by acts inter vivos; and Deprivation of the right to manage ones properties.
Civil interdiction is a ground for the dissolution of partnership(Art. 1830 [7], NCC), the extinguishment of the contract ofagency (Art. 1919 [3]) , judicial separation of property (Art.135 [1], FC), and guardianship.
CMPL Art. 52 (b) Conviction of the husband by final judgment
sentencing him to imprisonment for at least one year is aground for divorce by faskh
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A spendthrift or prodigal is a person who by excessivedrinking, gambling or idleness or debauchery of any kind whoshall so spend, waste or lessen his estate as to exposehimself or his family to want or suffering.
MARTINEZ v. MARTINEZ (1 PHIL 182): The acts of prodigality
must show a morbid state of mind and disposition to spend,waste and lessen the estate to such an extent is likely toexpose the family to want of support, or to deprive thecompulsory heirs of their legitime.
RULES OF COURT. Rule 92, Sec. 2. Meaning of word"incompetent." - Under this rule, the
word "incompetent" includes x x x persons not being ofunsound mind, but by reason of age, disease, weak mind, andother similar causes, cannot, without outside aid, take care ofthemselves and manage their property, becoming thereby aneasy prey for deceit and exploitation.
PRODIGALITY
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A person is absent when he disappears from his
domicile, and his whereabouts are unknown. Hecannot properly administer his properties, and soanother person is appointed to administer them.
Art. 41 of the Family Code presumptive death forpurposes of remarriage
NCC provides for the periods: 7 years, except for the purpose of opening his
estate for succession.
10 years, for the purpose of opening hissuccession after an absence of ten years.
4 years if he disappeared under dangerouscircumstances (Art. 391) or
5 years if the person who disappeared is above 75years old (Art. 390).
ABSENCE
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Condition of Death-Illness(Marad-ul-mauit)
Death illness is defined as illness from which death isordinarily apprehended in most cases, provided in theparticular case in question, it has actually ended in
death. But if the disease be of long standing and doesnot increase from day to day that death may beapprehended from it or does not ultimately end indeath, it will not be regarded as death-illness.
What is death-illness (Section 244, Indian Law) isan illness which ends fatally provided that
There isproximate dangerof death;
There is subjective apprehension in the mind of thepatient;
There are external indicia (e.g. ability to say
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Condition of Death-Illness(Marad-ul-mauit)
CMPL Art. 32: Fasid marriages those contracted by
a party in a condition of death-illness, withoutthe same being consummated
Contrast with Art. 27, FC marriages in articulomortis
Art. 96(2): the husband who, while in acondition of death-illness, divorces his wife,
shall not inherit from her, but she shall havethe right to succeed him even after her iddaexpires
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Condition of Death-Illness(Marad-ul-mauit)
Effect on marriage.(Section 245) Marriage contractedduring death-illness is irregular but it becomes valid If it is consummated; or If the party in health predeceases the one who is ill.
Effect on dower.(Section 246) Amount. Specified or proper dower, whichever is less,
shall be payable. Guardian in death-illness as surety. The contract would be
void if either the husband or wife is an heir, otherwise itwould be valid to the extent of one-third of his assets.
Effect on divorce.(Section 247) In the case of an irrevocable talaq (otherwise than at the
wifes request or for an act of the wife) or lian or ila thewife shall be entitled to inherit to the husband during iddatbut the husband will lose the right.
In the case ofkhula during the death-illness of the wife,the husband is bound to restore the consideration of the
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Condition of Death-Illness(Marad-ul-mauit)
Effect on debts due from the deceased.(Section 248)Debts acknowledged in health or proved otherwise have priorityover those proved only by acknowledgement during death-illness.
Effect on gift.(Section 249) Gifts are valid to the sameextent as wills. Thus
release from a debt (i.e. gift of a debt to a debtor) is void infavor of heir and valid to the extent of one-third to a stranger;
release of a dower debt by the wife in death-illness is void;
transfer of property by the husband in death-illness in lieu ofdower is valid only to the extent to which it is supported byconsideration.
Effect on wakfs.(Section 250) Wakfs take effect to the sameextent as will
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Family Relations
Under family relations, thefollowing may be included: Marriage Divorce Legitimacy Paternity & Filiation Inheritance or succession Use of names & surnames
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Marriage
Who to marry Donations & Sale Rights & Obligations between
spouses Prescription A wifes life
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Who to marry
Civil Law Art. 37, Family Code.Marriages between thefollowing areincestuous and voidfrom the beginning,
whether relationshipbetween the parties belegitimate orillegitimate:
(1) Between ascendants
and descendants of anydegree; and
(2) Between brothers andsisters, whether of the fullor half blood. (81a)
CMPLArticle 24. Prohibition byconsanguinity(tahrimjbin-nasab). No
marriage shall becontracted between:
(a) Ascendants anddescendants of any degree;
(b) Brothers and sisters,
whether germane,consanguine or uterine; &
(c) Brothers or sisters andtheir descendants within thethird civil degree.
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Prohibition by Affinity
Civil lawArticle 38,Family Code:void by reason
of public policy1. Between collateral bloodrelatives, whether legitimateor illegitimate, up to thefourth civil degree;
2. Between step-parents andstep-children;
3. Between parents-in-lawand children-in-law;
CMPL
Article25. Prohibition
by affinity(tahrim-bill-musahara).(a) Any of the spouses and their respectiveaffinal relatives in the ascending line andin the collateral line within the thirddegree;
(b) Stepfather and stepdaughter when themarriage between the former and themother of the latter has beenconsummated;
(c) Stepmother and stepson when the
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4.Between theadopting parentand the adoptedchild;
5.Between the
survivingspouse of theadopting parent
and the adoptedchild;
6.Between the
surviving
Article64. Adoption.No adoption in anyform shall conferupon any person
the status andrights of alegitimate child
under Muslim law,except that saidperson mayreceive a gift
(hiba).
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9. Betweenparties where
one, with theintention tomarry the other,killed that otherpersons spouseor his or her ownspouse.
Article26.Prohibition
due to fosterage(tahrim-bir-rada'a).
(1) No personmay validlycontractmarriage with
any woman whobreastfed himfor at least five
times within two
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Donations & Sale
Moderate gifts between husbandsand wives allowed duringmarriage [Article 87, Family Code]
Cannot donate to persons yourehaving extramarital affairs with[Article 739, Civil Code]
Husband and wife cannot sell toeach other, unless underexceptions [Article 1490, Civil
Code]
Ri h d Obli i
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Rights and ObligationsBetween Spouses
Civil law
FamilyDomicile: fixedby BOTHhusband andwife [Article 68,
Family Code] Management
of Household:
duty of BOTH
CMPL FamilyResidence:fixed by husband
[Article 35]
Management
of Household:Wifes duty, buthusband paysfor the expensesArti l
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Prescription
DOES NOT RUN between: Husband and wife Parents and children (during
minority or insanity of the latter)
[Article 1109, Civil Code]
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A wifes life
G.R.: Married woman, 21 years ofage or above, is qualified for allacts of civil life
X: in cases specified by law
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Under CMPL
Wife needs consent of husband to
acquire property by gratuitous title
engage in an profession oroccupation or in lawful business[Article 36] If widowed/divorced/repudiated:
should observe idda in varyinglengths of time
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Divorce
GR: NOT ALLOWED
X:
1. Alien spouse procures divorce[Art 26, Family Code]
2. Filipino who subsequentlyacquires another citizenship
procures divorce [Republic v.Obrecido]
3. Under CMPL
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Succession
Consider compulsory heirs
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Use of Names & Surnames
Articles 364-366 of the New CivilCode imposes upon children thesurnames they are supposed to use
As to married women, the wife hasthe exclusive right to use thesurname of her husband to the
exclusion of other women [Silva v.Peralta]
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Alienage
Cant vote, cannot be voted upon(unless they subsequently acquireFilipino citizenship)
Generally cant own lands (unless byhereditary succession or unless theywere former Filipinos) but can own
properties on the lands Restricted in the areas of business
they can engage in
Restricted capacity to sue
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Insolvency
Insolvent (muflis): debts equalto his assets or more, or if heattempts to place his property
beyond the reach of his creditorsby transactions apparently of thenature of a sale or the like, but
subject to some secretarrangement for his own benefit
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when a person declared insolvent+ assignee is appointed for hisassets
= insolvent cannot dispose of hisproperty
=assignee will act for the insolvent
under the direction of the Court(Act No. 1956)
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Trusteeship
powers of trustee limited byThe instrument creating thetrust (A1410-1475)
By law (Rule 98, ROC)
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How is PersonalityACQUIRED?
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Civil Code Provision
Art. 40. Birth determinespersonality; but the conceivedchild shall be considered born forall purposes that are favorable toit, provided it be born later withthe conditions specified in the
following article.
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Civil Code Provision
Art. 41. For civil purposes, thefetus is considered born if it isalive at the time it is completelydelivered from the mother'swomb. However, if the fetus hadan intra-uterine life of less than
seven months, it is not deemedborn if it dies within twenty-fourhours after its complete delivery
from the maternal womb.
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CMPL Provision
Art. 10. Personality, howacquired. Birth determinespersonality; but the conceivedchild shall be considered born forall purposes that are favorable toit, provided it be born alive,
however, briefly, at the time it iscompletely delivered from themother's womb.
Ci il La Concept of
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Civil Law Concept ofPersonality
Personality is the quality derivedfrom being a person. While aperson is any being susceptible
of rights and obligations,personality is the aptitude ofthat being of becoming subject,
active or passive, of juridicalrelations. (Tolentino) Existence of personality
depends upon birth.
Civil Law Concept of
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Civil Law Concept ofPersonality
Before birth, the fetus is not aperson, but merely a part of theinternal organs of the mother.
HOWEVER, because of theexpectancy that it may be born,
the law protects it and reserves itsrights, making its legal existence,If it should be born alive, retroactto the moment of its conception
Ci il L C t f
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Civil Law Concept ofPersonality
Since the conceived child isconsidered born for purposes
favorable to it, it can acquireand enjoy rights while it is in themothers womb. It may be givendonations. It can also inherit bywill or intestacy.
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Civil Code, Art. 41: If a fetus had an intra-uterine
life ofless than 7 months, theCivil Code requires that it should
live at least 24 hours aftercomplete separation from themothers womb.
In this case, if a child does notlive for 24 hours after completeseparation from the motherswomb, it does NOT acquire civil
ersonalit .
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Islamic Law Concept of
Personality Civil personality has not been
mentioned explicitly by classical
Muslim jurists (fuqaha).
Pursuant to the Code of Muslim
Personal Laws, personalitybegins upon birth, and endsupon death.
Islamic Law Concept of
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Islamic Law Concept ofPersonality
The Code of Muslim PersonalLaws does not distinguishbetween a fetus which had anintra-uterine life of less than 7months, or more than 7 months.
All that the law requires is that the
child be alive from the time ofcomplete separation from themothers womb, for it to beconsidered born for all purposes
favorable to it.
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Islamic Law Concept ofPersonality
The duration of extra-uterine lifeis immaterial.
For acquisition of civilpersonality, it is enough that the
child lives for an instant.
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Islamic Law Concept ofPersonality
Before birth, the fetus can enjoycertain rights. Professor Al-Zarqa
defines those rights as fourcategories: namely, the familyname (Nasah); Inheritance;
bequeathed Will (Wassiyah); andwaaf.
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Islamic Law Concept ofPersonality
A fetus may inherit, provided:
That it is certain that the
fetus is in the womb of hismother at the time of thedeath of the decedent; and
That it be born alive,however briefly, at the timeit is completely deliveredfrom the mothers womb.
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Islamic Law Concept ofPersonality
If a crime is committed against itsmother, and the fetus dies, whatright/s does it have?
Al-Sabouni: only the right tocompensation (ghurrah)
Hanafi: right to inherit
(wassiyyah) and right tocompensation, because a fetuscan have an ACTUAL andPRESUMED existence
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Islamic Law Concept ofPersonality
Zahiri: fetus has life only afterthe first four months. Entitled toghurrah only when fetus
develops human features Malik; Al-Shafiie: life begins
only after it is delivered alive.
Entitled to ghurrah though
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How is PersonalityEXTINGUISHED?
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Civil Code Provision
Art. 42. Civil personality isextinguished by death. The effect
of death upon the rights andobligations of the deceased isdetermined by law, by contractand by will.
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CMPL Provision
Art. 11.Extinction ofpersonality.
(1) Civil personality is
extinguished by death. Theeffect of death upon the rightsand obligations of a deceasedperson is determined by this
Code, by contract, and by will.
(2) After an absence of sevenyears, it being unknown whether
or not the absentee still lives, he
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Physical or natural deathextinguishes civil personality.
Law: right to legal supportends, marriage is terminated,tenure of public office
terminates.
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Contract: Rights under the
contract like indebtedness orobligations that are recognizedand secured by contract. Estate
continues personality such thatrights and obligations whichsurvive after death have to beexercised and fulfilled only bythe estate of the deceased.
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RASUL: The question is not
whether it is impossible thatthe person may be alive butwhether the circumstancesdo not present so strong a
probability of his death thata Court should act thereon. Evidence of actual death is not
necessary; moral conviction issufficient to establish a fact ofdeath to demand or claim forcompensation.
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Art. 98. Succession by absentee. The share of an heir who ismissing or otherwise absent at thetime of the death of the decedentshall be reserved:
(a) Until he reappears and claimsit;
(b) Until he is proven dead; or(c) Until the lapse of ten years
after which he shall be presumed
dead by decree of the court.
CMPL Provision
A t 11 d A t 98 CMPL
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What is the correct period after which a personmissing or absent shall be presumed dead, 7 or 10years?
Period of 10 years is a view of Al Imamia, whereas
the period of seven years is a compromiseperiod arrived at after a lengthy discussionand debate on the reasonability of thedifferent periods posed by the differentschools of thought. This is one of the instanceswhere the members of the PresidentialCommission has exercised some form of ijtihad(modest).
Alauuya proposed that the correct period is onethat will be decreed by the Judge on the bases ofthe circumstances under which a person
Art. 11 and Art. 98, CMPL
The ulama (elders) are not
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The ulama (elders) are notunanimous as to the resolution ofthis issue
(a) School of Iam Abi Hanifa: The personmissing or absent shall be presumed deadby decree of the court after no one of his
contemporaries is still living. Some of thedisciples of the school said that he will bepresumed dead after 90 years.
(b) School of Imam Malik: After four years.This is based on the saying of Caliph 'Omar -
Any woman whose husband is missing andshe does not know his wherabouts must waitfor four years, thereafter observe the 'idda offour months and ten da s and after that she
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(c) School of Imam Shafi'i: After theexpiration of a period that no one of hiskind may live, the Judge may decree hisdeath.
(d) School of Imam Abi Hanifa: Period
depends upon the discretion of theJudge. This is supported by Imam Shafi'i.
(e) School of Imam Ahmad: If he has
been absent or missing in a dangeroussituation, like war, his death can bedecreeed by the court after four years. Ifhe is missing or absent under normal
and peaceful situation, it depends upon
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What are the Rules on
Simultaneous Deaths?
Ci il C d P i i
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Civil Code Provision
Art. 43. If there is a doubt, asbetween two or more personswho are called to succeed each
other, as to which of them diedfirst, whoever alleges the deathof one prior to the other, shallprove the same; in the absence ofproof, it is presumed that theydied at the same time and thereshall be no transmission of rights
from one to the other.
CMPL P i i
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CMPL Provision
Art. 12.Simultaneous death. If, asbetween two or more persons who arecalled to succeed each other, there isa doubt as to which of them died first,whoever alleges the death of one priorto the other shall prove the same; inthe absence of such proof, it ispresumed that they died at the sametime and there shall be notransmission of rights from one to theother. However, the successional
rights of their respective heirs shall
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Art. 12 is taken from Art. 33 ofthe Old Spanish Civil Code of1899 and Art. 43 of the New
Civil Code. This provision is tobe read with Rule 131, Sec. 5 onDisputable Presumptions.
That except for purposes of succession, when two personsi h i h l i h k b l
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perish in the same calamity, such as wreck, battle, orconflagration, and it is not shown who died first, and thereare no particular circumstances from which it can beinferred, the survivorship is determined from the
probabilities resulting from the strength and the age ofthe sexes, according to the following rules:
If both were under the age of fifteen years, theolder is deemed to have survived;
If both were above the age sixty, the younger is
deemed to have survived; If one is under fifteen and the other above sixty,
the former is deemed to have survived;
If both be over fifteen and under sixty, and the sexbe different, the male is deemed to have survived,if the sex be the same, the older;
If one be under fifteen or over sixty, and the otherbetween those ages, the latter is deemed to havesurvived.
That if there is a doubt, as between two or more personswho are called to succeed each other, as to which of themdied first, whoever alleges the death of one prior to theother, shall prove the same; in the absence of proof, they
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Art. 12 is taken from Art. 33 ofthe Old Spanish Civil Code of1899 and Art. 43 of the New
Civil Code. This provision is tobe read with Rule 131, Sec. 5 onDisputable Presumptions.
C l i
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Conclusion
The concept of juridical capacityand capacity to act as well as therestrictions thereon is similar tothat in Title I of Book I of the Civil
Code of the Philippines. There isone fundamental difference,however, in that under this Code, aconceived child under anycircumstance is consideredborn for all legal purposesfavorable to it if it lives after