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Philippine Bar review · Question

Practice question: Natural Persons

Multiple Choice Medium

Practice question

A child with eight months of intra-uterine life is alive when completely delivered, but dies ten hours later. For the stated civil-personality issue, does Article 41’s special less-than-seven-month rule prevent the child from being considered born?
  1. Yes, every child must survive a week
  2. Yes, every child must survive twenty-four hours regardless of gestational period
  3. No, that special rule concerns intra-uterine life of less than seven months; the child here was alive at complete delivery
  4. No, because death can never end personality
  5. Yes, birth registration is the only relevant fact

Legal references

  • https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html — Civil Code, Articles 37–42 and 1025

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