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ARTICLE 39

ARTICLE 39. Persons and Family Relations. ARTICLE 39.

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ARTICLE 39

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  1. ARTICLE 39 Persons and Family Relations ILIGAN & INZON

  2. ARTICLE 39 The following circumstances, among others, modify or limit capacity to act: age, insanity, imbecility, a state of being 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 to an account of religious belief and political opinion. A married woman, twenty-one years of age and over, is qualified for all acts of civil life, except in cases specified by Law. (n) ILIGAN & INZON

  3. Incapacity enumerated by Art 39 • Age • Sickness • Penalty • Prodigality • Alienage • Absence • Insolvency & Trusteeship • Family Relations • Deaf-Mute • Political or Religious Belief ILIGAN & INZON

  4. Age • R.A. 6809- Age of Majority is now 18 years old General Rule: A minor may not give consent to a contract. Exceptions: Articles 1390, 1396, 1407 Emancipated Minors declared by courts. ILIGAN & INZON

  5. Sickness • Insane • Demented Persons • Deaf-Mute who do not know how to read and write ILIGAN & INZON

  6. Penalty Civil Interdiction deprives the offender during the time of his sentence the ff. rights: • To Parental Authority/Guardianship • To manage his property • To dispose his property- donation inter vivos ILIGAN & INZON

  7. Alienage General Rule Aliens cannot: • Acquire land in the Philippines • Practice Professions • Operate Public utilities • Exceptions: Natural-born citizen who have lost his Philippine citizenship ILIGAN & INZON

  8. Case: Mercado and Mercado Vs. Espiritu, 37 Phil. 215 FACTS: The case was about the contract made by Luis Espiritu (father of Jose Espiritu, the defendant) and the heirs of his sister Margarita Mercado; Domingo and Josepha Mercado, who pretended to be of legal age to give their consent into the contract of sale of the land they inherited from their deceased mother Margarita Mercado (sister of Luis Mercado). The siblings Domingo et. al., sought for the annulment of contract asserting that Domingo and Josepha were minors during the perfection of contract. ILIGAN & INZON

  9. Case: Mercado and Mercado Vs. Espiritu, 37 Phil. 215 ISSUE: Whether or not the deed of sale is valid when the minors presented themselves that they were of legal age. ILIGAN & INZON

  10. Case: Mercado and Mercado Vs. Espiritu, 37 Phil. 215 HELD: The court declared that the contract of sale was VALID, even if it were made and entered into by minors, who pretended to be of legal age. The court stated that they will not be permitted to excuse themselves from the fulfillment of the obligations contracted by them, or to have the annulled. ILIGAN & INZON

  11. Absence • When a person disappears from his domicile and his whereabouts being unknown, he is considered as absent. ILIGAN & INZON

  12. Insolvency and Trusteeship • Insolvency- Inability or lack of means to pay debt; • An insolvent person cannot dispose or sell his property from the start of the proceedings for insolvency ILIGAN & INZON

  13. Family Relations • Husbands and Wives cannot entered into • Donations to one another • Sale properties to one another • Enter into universal partnership of property • The law void marriages among: • Relatives in Direct Line • Collateral line up to fourth civil degree of consanguinity ILIGAN & INZON

  14. Deaf-Mute • A deaf-mute who does not know how to read and write cannot give consent into a contract; • A blind, deaf or dumb person cannot be a witness in a will ILIGAN & INZON

  15. Political or Religious Beliefs • Political or Religious beliefs must not affect the capacity to act of a person, • Art III, Sec. 5 of 1987 Constitution- No religious test shall be required for the exercise of civil or political rights. ILIGAN & INZON

  16. Age of Majority • The last paragraph of Article 39 of the Civil Code has been repealed by Family Code R.A. 6809; the age of majority now is 18 years old. ILIGAN & INZON

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