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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. (38a)
- Roldan v PH Veterans Board: Juridical Person: a being of legal existence susceptible of
rights and obligations, or of being the subject of juridical relations
- STATE
o Ex. State as an heir of the deceased if no other heirs
o GR: Art. XVI Sec. 2 Consti: state cannot be sued without its consent; E: special
law granting such right, state enters into a biz contract
o Suability =/= liability; Note: just cos held liable doesn’t mean State’s props can
be levied on
- POLITICAL SUBDVS
o Municipal corpns (PCM)
o Dual capacity: governmental and proprietary
- CORPN
o Artificial being created by operation of law with the right of succession and the
powers, attributes, and props expressly authorized by law or incident to its
existence
o BP 68 (Coprn Code)
- PARTNERSHIP
o NCC 1767: contract of partnership
- DISTINCT PERSONALITY AND EXCEPTIONS
o Corpns are separate from their SHs; note: piercing of corp veil

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.
(39a)
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. (n)
Art. 49. Naturalization and the loss and reacquisition of citizenship of the
Philippines are governed by special laws. (n)
- Domicile: fixed permanent residence to which, when absent, one has the intention of
returning; residence + intent to remain for an unlimited time
- Residence: place of abode whether perma/temp
- Domicile of origin is lost through: (1) actual removal or an actual change in domicile;
(2) bona fide intent of abandoning the former place of residence establishing a new
one; (3) acts which correspond with the purpose
- Jus sanguinis (by blood) v Just solis (place of birth)
- CA 473 governs acquisition by a foreigner of PH citizenship; Sec 2 provides the reqs
- CA 63 and RA 106 govern loss and reacquisition of citizenship

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. (40a)
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. (41a)

Source: Sta Maria (2010)

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