i. Rights

Right

It is a legally enforceable claim of one person against another, that the other shall do a given act, or shall not do a given act. (Pineda, 2009)

Kinds of rights

• Natural Rights – Those which grow out of the nature of man and depend upon personality (e.g. right to life, liberty, privacy, and good reputation);
• Political Rights – Consist in the power to participate, directly or indirectly, in the establishment or administration of government (e.g. right of suffrage, right to hold public office, right of petition); and
• Civil Rights – Rights protected by law in private and social life, many of which are enjoyed by citizens and noncitizens alike, subject to specific legal restrictions (e.g. property rights, marriage, equal protection of laws, freedom of contract). (Pineda, 2009)
• Rights of personality or human rights;
• Family rights; and
• Patrimonial rights;
• Real rights;
• Personal rights

Right

A right is a legally enforceable claim of one person against another, that the other shall do a given act, or shall not do a given act. (Pineda, 2011)

Abandonment requires:

• A clear and absolute intention to renounce a right or a claim or to abandon a right or property; and
• An external act by which that intention is expressed or carried into effect. (De Leon, supra)

The intention to abandon implies a departure, with the avowed intent of never returning, resuming or claiming the right and the interest that have been abandoned. (Castellano v. Francisco, GR No. 155640, 2008)

Rights of the conceived child

Since a conceived child has a provisional personality even while inside the mother’s womb, it is entitled to the following rights: (S-A-D)

• Right to Support;
• To be Acknowledged; and
• To receive Donations. (Rabuya, 2009)

Things And Rights Which May Be Bequeathed or Devised

All things and rights which are within the commerce of man may be bequeathed or devised. (Art. 924)

NOTE: A legacy or devise of another’s property is valid if the testator ordered its acquisition (Art. 930). An order to deliver another’s property is valid if the testator knew it belonged to another, but invalid if the testator did not know (Art. 931). If the testator mistakenly believed the property was his, the disposition is void unless he subsequently acquires it (Art. 932). Also, it must not impair the legitimes.