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AllBar 2024CIVIL LAWIII. PERSONS AND FAMILY RELATIONSA. Natural Persons2. Commencement and End of Civil Personality - Civil Code, arts. 40-42

Question

Question A: Commencement and End of Civil Personality - Natural Persons

Provide brief answers to the following scenarios based on the rules and provisions under the Civil Code of the Philippines, specifically Articles 40-42, regarding the commencement and end of civil personality for natural persons.

  1. Anna, a Filipino citizen, gave birth to her daughter Aria while she was in the United States. Will Aria be considered as having Filipino citizenship?
  2. Carlos, a 65-year-old widower, decided to adopt a 10-year-old child named Miguel. Will Miguel's adoption affect the civil personality and rights of Carlos's other children from his previous marriage?
  3. Jessica, a famous actress, suddenly disappears and is unable to be located for a period of ten years. What are the legal implications of Jessica's absence on her civil personality?
  4. John, a minor who is 17 years old, is emancipated by an order of the court due to his exceptional talents and maturity. Can John now enter into contracts and acquire rights and obligations as if he were of legal age?
  5. Maria married Peter, a foreigner, in a civil wedding ceremony abroad. However, three years later, Peter has been missing and there is no news of his whereabouts. Can Maria now obtain a declaration of presumptive death for Peter and eventually contract another marriage?



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