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AllBar 2024CIVIL LAWIII. PERSONS AND FAMILY RELATIONSA. Natural Persons1. Capacity to Act, Restrictions - Civil Code, arts. 37-39

Question

A. Natural Persons: Capacity to Act, Restrictions

Scenario:

Maria, a Filipino citizen, is a successful businesswoman who owns several properties and investments. She contracted a terminal illness and became incapacitated. Due to her condition, Maria was unable to make decisions or manage her affairs effectively.

During this time, Maria's friend, Juan, offered to help and volunteered to act as her legal representative. Juan applied for a guardianship appointment with the appropriate court. The court granted his request and appointed Juan as Maria's legal guardian.

Given the scenario, answer the following questions:

  1. What is the concept of capacity to act as defined in the Civil Code of the Philippines?
  2. Discuss the restrictions on the capacity to act imposed by law.
  3. In what circumstances can a person be declared incapacitated and require a legal guardian?



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