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FACTUAL SITUATION

(1) beginning of personality natural persons


(2) ways and effects of emancipation (3) age of majority (4) use of names and surnames (5) use of titles of nobility (6) absence (7) presumptions of death and survivorship

POINT OF CONTACT
(1) national law of the child (Art. 15, Civil Code)
(2) national law (Art. 15) (3) national law (Art. 15) (4) national law (Art. 15) (5) national law (Art. 15) (6) national law (Art. 15) (7) lex fori (See Arts. 43, 390, 391, Civil Code, Rule 131, Sec. 5(jj), Rules of Court)

In General:

The status of a person depends on his national law.

Art. 15, Civil Code

Laws relating to family rights and duties, or to the legal capacity of persons are binging upon citizens of the Philippines, even though living abroad.

Status The place of an individual in society, and consists of personal qualities and relationship, more or less permanent with which state and community are concerned.

Art. 40, Civil Code

Birth determines personality; but the conceived child shall be considered born for all purposes that are favorable to it, provided it be born later with the conditions specified in the following article.

Art. 41, Civil Code

For civil purposes, the fetus is considered born if it is alive at the time it is completely delivered from the mothers womb. However, if the fetus had an intra-uterine life of less than seven months, it is not deemed born if it dies within twenty-four hours after its complete delivery from the maternal womb.

Two Kinds of Children


(1) Ordinary with an intra-uterine life of at least seven months.
mere birth is sufficient

(2) Extraordinary if intra-uterine life be less than seven months. the child must have lived or at least 24 hours after its complete delivery from the maternal womb.

Emancipation takes place by way of:


(1) (2) (3) (4) marriage of the minor (Art. 234, Family Code) attainment of the age of majority parental concession judicial concession

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