Art 43-53

• Article 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
• Legitimes


  Portions for force heirs called
• Free Portion


  portion that can give to onother
• Force heirs hierarchy

  anak/Asawa

  Parents

  Siblings

  Relatives

  Illegitimates
• juridical/artificial person


  Product of law, created by the law for public interest
• natural person


  Creation of God by the help of the parents through procreation
• State


  Group of political community that governed by one government
• ARTICLE 44


  The following are juridical persons

  (1) The State and its political subdivisions; (Actual government)

  (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; (Office of the government or department of government)

  (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. (Private institutions)
• RA 7875


  Charter created PHILHEALTH
• RA 6975


  Charter created PNP,BFP,BJMP
• ARTICLE 45


  • Juridical persons mentioned in Nos. 1 and 2 of the preceding article are governed by the laws creating or recognizing them. (Charter created them)
  • Private corporations are regulated by laws of general application on the subject. (RA 11232)
  • Partnerships and associations for private interest or purpose are governed by the provisions of this Code concerning partnerships. (RA 386)
• RA 11232


  Laws regulate private institutions or Revised Corporation Code of the Philipines
• Article 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
• eminent domain


  Power of the government to take a property for public used, in exchanged of just compensation
• ARTICLE 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.
• ARTICLE 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.
• ARTICLE 49


  Naturalization and the loss and reacquisition of citizenship of the Philippines are governed by special laws (CA 473, Naturalization) (CA 63, Loss) (RA 9225, reacquisition)
• Commonwealth Act 473 Naturalization

  Requisites

  1. Not less than twenty-one years of age on the day of the hearing of the petition
  2. Must resided in the Philippines for a continuous period of not less than ten years
  3. Must be of good moral character law-abiding citizen and believes in the principles underlying the Philippine Constitution
  4. Must own real estate in the Philippines worth not less than five thousand pesos,
  5. Must be able to speak Filipino and Spanish
  6. must have enrolled his minor children in public schools or private schools that taught Philippine history
• Commonwealth Ac 63 Loss Citizenship

  1. filing Naturalization in other country
  2. Abandonment of Citizenship (5 years expiration of Citizenship)
• RA 9225 reacquisition

  Take the oath of allegiance to the Republic to re-acquired Philippine citizenship 
• ARTICLE 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
• Domicile


  Fixed permanent residence
• Residence


  temporary stay for purpose
• ARTICLE 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. (to locate domicile of juridical person Charter muna bago legal representation or the place where establishment located)
• ARTICLE 52. 


  Marriage is not a mere contract but an inviolable social institution. Its nature, consequences and incidents are governed by law and not subject to stipulation, except that the marriage settlements may to a certain extent fix the property relations during the marriage. 

  (RA3613, Meriage law of the Philippines)

  (EO 209, Family code of the Philippines)
• prenuptial agreement


  is a legal contract sign by two parties that their properties is independent of each other
• Postnuptial


  The contract of married people that all their properties become the one but after the marriage, the property they acquire is independent of each other
• ARTICLE 53


  No marriage shall be solemnized unless all these requisites are complied with:

  (1) Legal capacity of the contracting parties; (Capacity to act)

  (2) Their consent, freely given; (Parent consent need in age 18-25)

  (3) Authority of the person performing the marriage; and

  (4) A marriage license, except in a marriage of exceptional character