1. Natural Persons

C. Domicile; Residence (Civil Code, arts. 50-51)

> 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. (40a) 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. (41a)

Place of Domicile (Art. 50-51)

• For natural persons, it is the place of habitual residence
• For juridical persons
• General rule: In accordance with the law creating or recognizing them, or any other provision
• Exception: If the law is silent, the domicile shall be understood to be the place where their legal representation is established or where they exercise their principal functions

NOTE: A person may have as many residences as he wants, but he can only have one domicile. Under the Family Code, the husband and wife shall fix the family domicile. In case of disagreement, the Court shall decide (Art. 69)

Stages of Absence

• Provisional Absence – when a person disappears from his domicile his whereabouts being unknown, without leaving an agent to administer his property. (NCC, Art. 381)
• Declared Absence – when a person disappears from his domicile and 2 years thereafter have elapsed without any news about him or since the receipt of the last news, or 5 years have elapsed in case he left a person to administer his property. (NCC, Art. 384)
• Presumptive Death – the absentee is presumed dead. (Jurado, 2011)

Acquisition of personality through birth

GR: Actual/Permanent Personality – Personality begins at birth, not at conception.

XPN: Presumptive/Temporary – The conceived child is considered born for all purposes favorable to it, provided it is later born under the conditions in Art. 41 of the NCC (Conceptus pro nato habetur; Art. 40, NCC)

The provisional personality of a conceived child (conceptus pro nato habetur) under Art. 40, expressly limits such provisional personality by imposing the condition that the child should be subsequently born alive: Provided it be born later with the condition specified in Art. 41 of the NCC. (Geluz v. CA, G.R., No. L-16439, 20 July 1961)

“Born Later in accordance with law” Bar Area

A fetus with an intra-uterine life of:

• Less than 7 months - Must survive for at least 24 hours after its complete delivery from the maternal womb.
• At least 7 months – If born alive it shall be considered born even if it dies within 24 hours after complete delivery.

Absence may be judicially declared if (NCC, Art. 387)

Absence may be judicially declared if (NCC, Art. 384)

• The absentee left no agent to administer his property- after two (2) years without any news about the absentee or since receipt of the last news.
• The absentee has left a person to administer his property- after five (5) years.

Provisional personality of a conceived child

A conceived child, although yet unborn, has a limited and provisional personality for all purposes favorable to it. (Rabuya, 2006) Its personality is provisional because it depends upon the child being born alive later under certain conditions.

Civil personality ceases depending upon the classification of persons

• Natural persons – by death; and
• Juridical persons – by termination of existence